Comparative Study of Technology Transfer Practices in Europe and the USA

2003 ◽  
Vol 17 (5) ◽  
pp. 337-349 ◽  
Author(s):  
Veronica de Juan

This paper provides a comparative analysis of technology transfer practices in the European Union (EU), with special emphasis on Spain, and the USA. In EU member states hundreds of policy measures and support schemes for innovation have been implemented or are under discussion. In particular, two aspects of innovation are being specifically developed by each country because of their relevance to the global economy: industry-science relationships and the protection of intellectual property rights. This study first presents an overview of the evolution of the regulatory framework and the current legal status in the EU with regard to these key issues. The USA continues to record impressive statistics concerning the transfer of the results of academic research for commercial application and the exploitation of intellectual property rights. To identify the key factors in its success, some distinct characteristics of the US regulatory environment are presented. Finally, the paper identifies the crucial steps that need to be taken in the next phase of global interaction between science and industry and international patent systems so as to manage a worldwide network of innovation that will encourage a growing competitive economy.

2011 ◽  
Vol 60 (4) ◽  
pp. 1039-1055 ◽  
Author(s):  
Catherine Seville

Community activity in this field continues to be extensive. Intellectual property is seen as a key resource for the European Union (‘EU’), and crucial to its position in the global economy. The EU's manufacturing sector is much decreased in importance in comparison with the services sector. New information and communications technologies have transformed the economic environment. The Commission repeatedly emphasises the importance of intellectual property rights for innovation, employment, competition, and economic growth. Intellectual assets are regarded as central to success in the new ‘knowledge economy’. There are two main strands to the Commission's work with intellectual property. One is the harmonisation of the laws of Member States, in order to eliminate barriers to trade. The other is the creation of unitary systems to protect intellectual property rights throughout the Community on the basis of a single application for protection. The Commission also demonstrates particular concern regarding counterfeiting.


Author(s):  
Bernhard Schima

Article 229a EC Without prejudice to the other provisions of the Treaties, the Council, acting unanimously in accordance with a special legislative procedure and after consulting the European Parliament, may adopt provisions to confer jurisdiction, to the extent that it shall determine, on the Court of Justice of the European Union in disputes relating to the application of acts adopted on the basis of the Treaties which create European intellectual property rights. These provisions shall enter into force after their approval by the Member States in accordance with their respective constitutional requirements.


Author(s):  
L. Bently ◽  
B. Sherman ◽  
D. Gangjee ◽  
P. Johnson

This introduction provides an overview of topics covered in this book which relate to all areas of intellectual property law, including the justifications that have been put forward for granting intellectual property rights. It also considers the key international and regional developments that have influenced intellectual property law in the UK, such as the creation of the World Intellectual Property Organisation (WIPO), the Trade-Related Aspects of Intellectual Property Rights (TRIPS) negotiations, and European Union law. The chapter also discusses the ways in which the European Union is involved in intellectual property law, such as its involvement in negotiating and signing treaties. Finally, it looks at the European Economic Area and non-EU regional initiatives on intellectual property, as well as the implications of Brexit.


2017 ◽  
Vol 59 (1) ◽  
pp. 35-51
Author(s):  
Nadia Naim

Purpose The purpose of this paper is to examine the transatlantic trade and investment partnership (TTIP). The EU and the USA are negotiating the TTIP, a trade agreement that aims to remove trade barriers across different economic sectors to increase trade between the EU and the USA. The TTIP will have spill over effects on the MENA region, the GCC, Australia and the Asian sub-continent, as it raises key questions for intellectual property and international trade agreements. For instance, will the USA and EU be on an equal footing or will one triumph over the other, will third party countries like the GCC states be expected to adopt new standards. Design/methodology/approach The research design is a paper and online data collection method to find literature to date on intellectual property law development in the GCC states in relation to the three research objectives as set out above. The literature is the population, and this could prove problematic. Different databases have been used to cover all sources where data can be found. Findings As the EU-USA TTIP is aiming to conclude by the end of 2015, the GCC has an opportunity to reassess its relationship with both the EU and GCC. Up until now, the GCC was able to enter into negotiations with the EU and USA relatively independently. However, where the EU and USA can agree, there will be a harmonisation of regulations. This therefore has repercussions for the GCC. The TTIP has three main aims: to increase trade and investment through market access, increase employment and competitiveness and create a harmonised approach to global trade. To harmonise global trade, the EU and USA aim to harmonise their intellectual property rights through an intellectual property rights chapter that deals specifically with enhancing protection and recognition for geographical indications, build on TRIPS and patentability. Research limitations/implications This study is non-empirical. Originality/value The TTIP will have spill over effects for the GCC, as it has yet to finalise the EU-GCC free trade agreement and USA-GCC framework agreement. The power dynamics between the USA and EU will be a deciding factor on the intellectual property chapter in the TTIP in terms of what the provisions for intellectual property will look like and what powers will be available to investors to bring investor-state-dispute settlement claims against foreign countries.


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