A Topography of Data Commons: From Regulation to Private Dynamism

Knowledge is subject to enclosure through digital technology and legal rules. Data collected, stored and pooled by the Internet of Things (IoT) or Artificial Intelligence (AI) are no exception to this. Operators acting in the markets related to the algorithmic society may have a quite diversified range of intellectual property rights (IPRs) to protect the information they produce and manage. This is exploited through algorithmic processing techniques, aggregating collected data for the generation of new ones, thus creating additional information and knowledge. This paper studies whether and when data, information and knowledge, presented within the Big Data, IoT and AI structures, may be considered and exploited as commons. The analysis is not aimed at stating that commons should be the general solution for the algorithmic society. Nor does it endorse legal interpretations unilaterally favoring openness and limiting IPR protection and privacy rules (though this could be the case under certain circumstances). The question is to establish whether a certain level of commons should be provided by regulation or left to spontaneous private initiatives. In this regard, two different meanings of data commons are used in this work. The first one refers to the open access systems provided by regulation, equivalent to a public domain protection, and opposed to exclusivity mechanisms. The second refers to data commons which are privately ‘constructed’ on top of background regulation and manage resources for a limited set of claimants.

Cultivating Intellectual Property Rights Competence in Teachers in Ukraine: Attitude, Challenges, Solutions

The research aims to substantiate the need to cultivate the IPR competence in secondary education teachers. Its relevance lies in the fact that the relevant knowledge and skills help promote respect for others’ intellectual works and prevent IPR infringements. The findings reveal, inter alia, lack of understanding of the need to observe the IPR-related legal framework; teachers’ insufficient IPR competence and understanding; the need to review the state policy on education regarding IPR protection; teachers’ willingness to protect their copyright; the need for a relevant IPR competence cultivation within teachers’ training and qualification enhancement, etc.

The impacts of institutional differences in relation to intellectual property rights protection on foreign market direct investment: FDI inflows and modes of foreign market entry

<p>This Master‘s thesis seeks to consider the impacts of institutional distance regarding IPR protection on Foreign direct investment’s (FDI) internationalization strategies. Estimated at approximately US$ 1.8 trillion in 2015 and sitting at its highest level since the global economic and financial crisis in 2008 (UNCTAD, 2016), FDI flows are fast becoming a focal issue of global business. Developing Asia, for example, has emerged as the world’s largest FDI recipient region in the world, which has attracted a wide and public attention. China, in particular, is the largest recipient of FDI among the emerging economies. In 2014, it overtook the US as the most popular destination for multinational enterprises (MNEs). To date, most academic interest has focused on how the institutional environment of the host country affects both the overall volumes of FDI (e.g., Lee & Mansfield, 1996; Smarzynska Javorcik, 2004), and the modes of entry strategy (e.g., McCalman, 2004; Dikova & Witteloostuijn, 2007). However, other areas of research also consider institutional distance, and the magnitudes and asymmetric effects of institutional distance (e.g., Cuervo-Cazurra & Genc, 2011; Phillips, Tracey, & Karra, 2009; Zaheer et al., 2012). In this context, this thesis, uses China as a sample of FDI recipient to seek to understand how the directions of institutional distance affect FDI’s flows and MNEs’ choice of entry mode into the host country. In particular, the research questions being addressed in this study are: (1) How does the bidirectional distance between home and host country regarding IPR protection affect FDI’s inflows to China? and (2) How does this bidirectional distance regarding IPR protection influence MNEs’ choice of entry mode? Using a quantitative research design, two dependent variables are examined in this study: FDI inflows and entry mode (wholly-owned subsidiaries (WOS) versus joint ventures (JVs)). Using the institutional theory as its theoretical underpinning, this study hypothesizes that IPR distance between home and host countries negatively affects FDI inflows to the host market. It also hypothesizes that IPR distance is positively related to MNEs’ choice of WOS as an entry mode as opposed to JVs. Both hypotheses build on the new notion regarding the directions of institutional distance that MNEs’ strategies and behaviours are divided into positive and negative directions. This consideration of directions of institutional distance differs to that of the general institutional approach, which typically clusters all regulative, normative and cognitive pillars within the institutional distance. However, this research focuses on the single regulative distance of IPR protection. Using the 691 collected observations of FDI flows to China from 2006 to 2012, hypothesis 1 was tested by employing the estimation techniques of panel linear regression. To further assess hypothesis 2, 801 instances of foreign market entry of FDI in China between 2008 and 2012 were analysed by logistic regression. From the panel linear regression model, the empirical results show that the larger the distance of IPR protection between home and host countries, the fewer the flows of FDI that entered into China. Such results are consistent with previous mainstream literature suggesting that greater institutional distance significantly diminishes the MNEs’ intentions to invest (e.g., Du, 2009; Berry et al., 2010). Moreover, logistic regression for hypothesis 2 reveals that IPR distance appears to be significantly and positively associated with the choice of WOS. This means that the tendency of MNEs from countries with a higher distance of IPR protection to enter China’s market by means of WOS (as opposed to JVs) will decrease. This result is in line with previous studies that note that larger institutional distance is associated with a lower level of equity ownership mode, such as JVs over WOS (e.g., Xu et al., 2004; Xu & Shenkar, 2002; Estrin et al., 2009). The greatest takeaway from this study is that it advances knowledge about the impact of the directions of IPR distance and provides new opinions on the debate around the asymmetric effect of institutional distance on internationalization decisions. This study also offers practical implications for both firm managers and public policy makers.</p>

The impact of trust on intellectual property right protection: a cross-national study

PurposeThis study aims to empirically investigate how difference in social trust explains the heterogeneity of intellectual property right (IPR) protection (proxied by software piracy rate) across countries. Specifically, the authors also examine whether this effect is complementary or substitute to legal and economic factors.Design/methodology/approachThe authors use both ordinary least square and two-stage least square regressions to investigate this effect.FindingsThe authors find that there is also a complementary effect between trust and rule of law in reducing the violation of IPRs.Originality/valueAlthough the literature by now has documented the solid relationship between trust and the quality of formal institutions, only few studies have explored more specific measures of institutional consequences. Thus, this study is the first study investigating the role of trust, a valuable social capital dimension, on IPR protection.

Qualification Enhancement in Intellectual Property for the Teaching Staff of Institutions of Higher Education

The paper substantiates the need and importance of cultivation of a competence in intellectual property rights (IPR) protection in the teaching staff in higher education during their qualification enhancement (QE) as a condition for their further development and provision of quality higher education in Ukraine. The survey was conducted under the state-funded R&D topic to evaluate the attitude to intellectual property among the teaching staff of institutions of higher education (IHE). It looks into the factors and mechanisms of IPR protection and inclusion in the QE programmes for the IHE teaching staff. Knowledge in IPR protection encourages creation of a favourable environment for intellectual activity development, where an important role in its dissemination belongs to the teaching staff. The findings reveal that acquisition of such knowledge and skills is currently not commonly included in the corresponding QE programmes, while the number of those interested in them is significant. Another red flag in this regard is overbureaucratization of the process and the working overload of the teaching staff. Therefore, changes are in order in the QE programmes to include the relevant portion of knowledge and training in IPR, their exercise, protection, and commercialization.

Multinationals, innovation, and institutional context: IPR protection and distance effects

We characterize the knowledge production process whereby the inventive capabilities of the firm generate innovation output in highly inventive multinational enterprises (MNEs). We explore the sensitivity of this relationship to the strength of intellectual property rights (IPR) protection across the MNEs R&D subsidiaries. We argue that MNE innovative performance will be enhanced when the firm’s R&D activities are based in locations where IPR protection is stronger. Moreover, when considering the internal geography of the MNEs R&D activities, innovation performance depends on the distance between the home- and host-country IPR regime. Thus, innovation performance is worse, as the difference between home and host IPR regimes increases. Finally, we explore asymmetries in this relationship, in particular that the deterioration is more marked when MNEs locate their R&D activities in host economies with IPR protection significantly less strict than in their home country. We test these ideas using a unique new dataset about the most innovative MNEs in the world, an unbalanced panel of around 900 MNEs observed for the period 2004 to 2013 and find strong support for all our hypotheses.

mplementasi Perlindungan Hukum Hak Kekayaan Intelektual (HKI) Terhadap Ekspresi Budaya Tradisional (EBT) Di Tinjau Dari UU Nomor 28 Tahun 2014 Tentang Hak Cipta

The purpose of this research is to find out how the current intellectual property rights (IPR) protection which regulates Traditional Cultural Expression (EBT). The research approach method used in this study is a juridical empirical method with descriptive analytical specifications. The results of the study found that Traditional Cultural Expressions (EBT) need protection of Intellectual Property Rights (HKI). The government's efforts to protect Traditional Cultural Expressions (EBT) can be carried out by implementing appropriate and proper protection regulations for Traditional Cultural Expressions. The importance of implementing proper and good regulations with the aim of protecting in the future Traditional Cultural Expressions do not experience extinction at both the regional and national levels.