Enforcement Of Intellectual Property Rights Research Articles

Intellectual Property Rights (IPR) and Its Effect on the Flow of Cross-Border Mergers and Acquisitions (M&As)

Extant research finds effective intellectual property rights (IPR) protection encourages firms to initiate mergers and acquisitions (M&A) deals. IPR strengthening positively affects firms’ research and development activities and thus their innovative ability. Consequently, acquirer firms can improve their innovation quotient by pursuing target firms in regions undertaking IPR protection and enforcement measures. The present study examines the impact of IPR protection on 20,363 inbound M&A deals engaged in 42 countries between the years 2014 to 2019. Differing from the use of conventionally employed, Ginarte and Park index available in a five-yearly interval, which evaluates only Patents, this paper proxies IPR strengthening through a more comprehensive annual intellectual property (IP) index (covering other intellectual assets like copyrights, trademarks, etc. besides patents) constructed by Global Innovation Policy Center, U.S. Chamber of Commerce. Estimates from panel regression, including country and year-fixed effects, indicate that reforms that improve IP protection in a target country are positively and, to a more considerable extent, significantly associated with an increase in inbound cross-border M&As. In addition, the impact is weakly significant when target firms belong to emerging countries. This study sheds light on whether IPR protection influences corporate decision-making. The results suggest that acquirers look forward to regions undertaking efforts to improve their IP ecosystem, either to protect their intellectual capital transmitted through technology transfer or to acquire targets high on innovative quotient.

The Use Of Mediation In Industrial Dispute Resolution

Administrative legislation and / or economic administrative law that “involves” criminal law in Indonesia is quite a lot. One example is Law No. 20 of 2016 on brands and Geographical Indications involved in the development of industry. Problems of criminal law in the field of administrative law and economic law, especially in the enforcement and protection of intellectual property rights have not shown action in line with the spirit of law formation. One form of violation of the law that is currently growing in Indonesia is duplication of copyright. But so far, efforts to provide legal protection for copyright holders seem inadequate. Even in the process of implementing law enforcement, it is not uncommon for copyright infringement cases to run aground in the middle of the road. Seeing the problems in the enforcement of economic criminal law, especially in the field of intellectual property rights, gave birth to an alternative discourse on the resolution of criminal disputes in the field of intellectual property rights, especially against violations of brand rights. How is the concept of industrial criminal punishment related to brand and geogtaphic indications, and whether mediation is the right choice in resolving industrial disputes.

The importance of intellectual property: Analyzing the impact of resource efficiency improvements in the mineral sector

This study investigates the relationship between Natural resource efficiency improvements and intellectual property (IP) rights in the Chinese mineral sector from 2010 to 2020. Utilizing a robust econometric model to analyze data over a decade, our research aims to quantify the effects of efficiency improvements on the creation and enforcement of IP rights within this sector. Findings indicate a positive correlation of regions demonstrating significant resource efficiency gains also show enhanced IP rights protection. This suggests that improvements in resource efficiency not only drive innovation in mineral processing technologies but also necessitate stronger IP rights to safeguard these innovations. The study concludes with a policy implication emphasizing the need for integrated strategies that promote both resource efficiency and IP rights protection in the mineral sector, highlighting their mutual reinforcement for sustainable development and innovation. This research offers crucial insights for policymakers and industry stakeholders, advocating for a harmonized approach to fostering innovation and sustainability in China's rapidly evolving mineral industry.

Foreign direct investment and environmental degradation: Can intellectual property rights help G20 countries achieve carbon neutrality?

The G20 comprises rich, industrialized, and powerful nations that advance the world economy through foreign direct investment (FDI). Nevertheless, these countries account for the largest share of global carbon dioxide emissions (CO2). Enforcing intellectual property rights (IPRs) has become a useful tool for stimulating clean technologies to mitigate climate change. This study examines how IPR enforcement moderated the inflow of FDI and carbon emissions in the G20 from 2001 to 2017. We applied the Driscoll-Kraay robust standard error technique, Fully Modified Ordinary Least Squares (FMOLS), Dynamic Ordinary Least Squares (DOLS), and Dumitrescu-Hurlin causality tests. The results show that FDI increases emissions, thus confirming the pollution haven effect. Long-term estimates suggest that the moderating role of IPRs in FDI significantly reduces environmental degradation. Causality analysis shows that FDI causes CO2 emissions in the long run, and carbon emissions enforce IPR regulations. Furthermore, we observed bidirectional causality between IPRs, FDI relationships, and carbon emissions. Based on these results, policymakers should enhance IPR policies and encourage clean technology through FDI among G20 members. In addition, governments should promote the clean-up of industrial processes, green finance, and the consumption of eco-friendly technologies, such as renewable energy, to achieve carbon neutrality.

Round-up of European enforcement case law 2023

Abstract In 2023, several noteworthy decisions relating to the enforcement of intellectual property rights (IPRs) were handed down, including in relation to anti-counterfeiting, parallel trade, litigation aspects and restrictions on the enforcement of IPRs. The decisions of the Court of Justice of the European Union and Supreme Courts and Courts of Appeals of the European Union Member States that the authors consider important are summarized in this contribution. The judgments were rendered between 1 January 2023 and 31 December 2023. As in previous editions, the authors have adopted a practical approach aimed at readers seeking an overview of the key IPR enforcement decisions of 2023.

Balancing Act: Intellectual Property Rights Enforcement and Its Impact on Creativity in the South Korean Pop Music Industry

This paper explores the relationship between intellectual property rights enforcement and creativity in the South Korean pop music industry. Through qualitative interviews with industry professionals and an analysis of South Korea’s copyright laws, this study reveals how stringent copyright enforcement influences music production and innovation. The findings suggest that while copyright laws are essential for protecting creators’ rights, they also pose challenges for creative freedom. This paper contributes to the discourse on copyright law and creative industries, highlighting the need for policies that both protect intellectual property and encourage artistic innovation.

Round-up of national decisions on online intermediaries and platforms 2023

Abstract Online enforcement of intellectual property rights has for a long time relied on the involvement of online intermediaries and platforms. Besides injunctions against ‘innocent’ intermediaries, questions surrounding the type of and conditions for establishing liability of online intermediaries and platforms have also gained increasing prominence. In Europe, for example, the Court of Justice of the European Union (CJEU) has repeatedly tackled these issues. European Union (EU) legislature has also legislated in this area: on the one hand, Article 17 of Directive 2019/790 is premised on the direct responsibility of certain types of online platforms—online content sharing service providers—for user-uploaded content; on the other hand, the Digital Services Act (Regulation 2022/2065), while reiterating the importance of safe harbours for online intermediaries, has introduced due diligence and transparency obligations that are not premised on any liability of their addressees. In 2023, national courts in Australia, Czech Republic, Germany, Italy, the Netherlands, Poland and Spain delivered a series of important rulings in connection with the treatment of online intermediaries and platforms This contribution provides a round-up of the most significant judgments issued in the period 1 January to 31 December 2023, with a special focus on copyright. The analysis is divided by area (liability of online intermediaries and platforms, enforcement aspects and other issues) and country (Australia, the Czech Republic, Germany, Italy, Poland and Spain).

The Practical Effectiveness of the Singapore Mediation Convention on the Protection of Intellectual Property Rights in China's Cross-Border E-commerce and Lessons Learned

Objective: This study aims to thoroughly assess the impact of the Singapore Mediation Convention (SMC) on intellectual property rights (IPR) enforcement within China's e-commerce industry. The focus is on key indicators: dispute frequency, resolution efficiency, and stakeholder trust. Using Python and libraries like pandas, numpy, and seaborn, a quantitative analysis is conducted on twelve monthly observations, comparing pre and post-SMC implementation to quantify observed changes.
 
 Methods: For this research, a robust quantitative framework is deployed, leveraging Python and essential libraries. The approach involves a comparative analysis of data collected before and after SMC implementation. The twelve-month sample size ensures comprehensive representation. This method enables a nuanced understanding of SMC's impact on dispute frequency, resolution efficiency, and stakeholder trust.
 
 Results: Findings show a noticeable reduction in disputes and shorter resolution times post-SMC implementation, indicating positive impacts. Stakeholder trust has significantly risen, reflecting increased confidence in the industry. These quantitative outcomes collectively affirm the SMC's efficacy in fostering a secure and trustworthy environment for IPR enforcement in China's e-commerce landscape.
 
 Conclusion: In conclusion, this study underscores the positive influence of the Singapore Mediation Convention on IPR enforcement in China's e-commerce. Reduced disputes, improved resolution efficiency, and heightened stakeholder trust showcase the SMC's instrumental role. Beyond addressing IPR challenges, these findings emphasize the broader impact of mediation conventions in cultivating an environment conducive to thriving e-commerce activities.

Correction to: Enforcement of Intellectual Property Rights in the EU Member States Flip Petillion (ed.)

Correction to: <i>Enforcement of Intellectual Property Rights in the EU Member States</i> Flip Petillion (ed.)

Financing constraints, intellectual property rights protection and incremental innovation: Evidence from transition economy firms

Despite a growing literature, the relationship between financing constraints (FC), intellectual property rights (IPR) protection and firm innovation remains unclear within the transitional country context. Drawing on endogenous growth theory and extending the Gorodnichenko and Schnitzer (2013) framework, we hypothesize that in addition to firm-specific factors, country-level variables manifested within FC hamper incremental innovation, albeit in varying degrees due to industry heterogeneity. Secondly, as opposed to previous studies that solely focus on FC affecting firm innovation, we propose that due to resource constraints, firms in transition economies tend to follow an imitational innovation strategy, and therefore, from this perspective, IPR protection can be crucial for firm-level innovation within those economies. Using data from the World Bank Enterprise Survey (WBES) consisting of information for about 21,960 firms from 27 Eastern European and Central Asian transition countries and employing a two-step probit model with endogenous regressors, we find that adverse effects of FC and IPR on firms' innovation activities are driven from within as well as between industries. Focusing on the differential impacts of FC and IPR protection across industries, we direct potential causal pathways from easing FC and optimal IPR protection to encourage firms' innovation. Based on the findings, while very strict IPR protection is detrimental to firms' product and process innovation in industries with limited resource and skill capabilities, it is nevertheless helpful for research and development (R&D) activities in industries characterised by strong R&D and IP capacities. Our results offer useful insights for policymakers to support incremental innovation as well as boost invention. IPR protection policies require to be customised to the industries and firms, since invariably tight or lax IPR enforcement can be discouraging to both incremental and radical innovation, causing all industries suffering from the same treatment.

Legal Challenges in the Development of Information and Communication Technology SMEs in Jabodetabek Region, Indonesia

The Jabodetabek region of Indonesia has had notable growth in the Information and Communication Technology (ICT) sector, primarily due to the efforts of Small and Medium-sized Enterprises (SMEs). SMEs encounter a complex network of legal obstacles that impede their growth and ability to compete. Using a mixed-methods approach that includes both quantitative surveys and qualitative interviews, this study explores these issues. The findings draw attention to important legal difficulties, such as limited access to legal services, contract conflicts, cybersecurity concerns, intellectual property issues, and regulatory compliance. The competitiveness and development of SMEs are significantly impacted by these issues. Comprehensive legal and legislative changes are advised to address these problems. These include simplified rules, strict enforcement of intellectual property rights, effective dispute resolution procedures, cybersecurity assistance, and improved access to legal services. This study highlights the significance of a supportive legal framework for innovation and economic growth, adding to our understanding of the legal aspects of ICT SME development in Jabodetabek.

Criminal enforcement of intellectual property rights: an overview and comparative analysis of the Balkans

Abstract Criminal enforcement plays an important role to safeguard both the private rights and the public interests against counterfeiting, piracy and other unlawful activities related to the infringement of intellectual property rights (IPRs). Owing to the international obligations outlined in the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement), infringement of IPRs has been criminalized by all member states and criminal procedures shall apply accordingly under the conditions determined in their national laws. This article aims to present an overview and comparative analysis of the criminal law protection of IPRs in the Balkans to point out the main difficulties faced by the criminal courts in their practice. In particular, attention focuses on trade mark rights as a case study. The article examines the relevance of criminal law within the context of international obligations and domestic legal frameworks by providing a detailed legal analysis of the corresponding criminal law provisions in the Balkan countries. In this regard, the article identifies the elements required for the investigation and prosecution of such type of offences by evidencing the practical issues and difficulties of law enforcement agencies where they need to prove the intention of deceiving consumers as a necessary element to hold a person criminally responsible. Overall, the article explores the practical significance of criminal law in the enforcement of IPRs as an effective tool in deterring and prosecuting IP crimes, as well as provides some important steps to improve criminal law tools in the Balkans.

Towards a Judicial Sustainability Test in Cases Concerning the Enforcement of Intellectual Property Rights

Abstract The environmentally harmful yet common practice of storing and destroying IP-infringing goods is untenable. This contribution discusses a number of more sustainable alternative remedies that can be considered with the aim of creating a balance between the interests of rights holders in ending infringements and the societal interest in environmental protection, which lies in preventing the wasting of scarce raw materials and pollution of the air and soil. A sustainable IP enforcement practice is very much dependent on the willingness of rights holders and their attorneys to consider more sustainable alternatives. Courts also have a part to play, by applying what is called a sustainability test when examining the proportionality of the remedies and measures claimed by rights holders.

Jordan’s Ability to Complete the Third Trade Policy Review at the WTO

Jordan has joined the World Trade organization in 1995, with an aim of establishing an economic stability, continuing economic reforms, and improving the investment and business environment in spite of the surrounding conditions in the region and their negative economic and social effects. Commitment to the policy of economic openness and liberalization of the trade system pursued by Jordan since its accession to the WTO goes in line with the government’s efforts to improve the business environment through measures taken in the areas of trade facilitation, customs procedures, and enforcement of intellectual property rights (IPR). This paper aims to identify the Jordanian Trade Policy since 2008 in which it covers several axes, most notably the economic environment, trade and investment laws, analysis of trade policy tools, and performance according to sectors, which were included in the third appendix of the Marrakesh Agreement establishing the organization in 1994. By applying a qualitative and doctrinal legal approach, this paper analyses the Jordan’s Ability to Complete the Third Trade Policy Review at the WTO. The finding reveals that Jordan, like other countries in the world, was affected by the economic changes that resulted from the global financial conflicts and crises which began with the global financial crisis, then followed by energy turmoil during the Arab Spring in 2011, Covid-19 epidemic and the very high competition in granting concessions to foreign investors. Finally, Jordan has come a long way in completing the review of the third trade policy in the WTO during the period from 2016 to the year in which the third review was supposed to take place, but Jordan was exposed to some obstacles that led to its decline in completing this review beyond its control and related to the regional and international situation, in particular the regional and international conflicts that resulted successive financial and economic crises. WTO, TPRM, Jordanian trade policy, Investment Environment Law, Governance, Anti-corruption, Index of Economic Freedoms, economic legislations, customs tariff rates, Extension of the Fund Facility

Damages and legal costs under the Enforcement Directive in the light of rulings of the European Court of Justice

The possibility of compensation for damage caused by an infringement of intellectual property rights and of claiming the recovery of legal costs and other expenses incurred in connection with enforcing such rights is crucial for the effectiveness of their protection. Uniform rules in this respect have been introduced by Enforcement Directive. (Directive 2004/48/EC of the European Parliament and of the Council of 29.4.2004 on the enforcement of intellectual property rights [2004] OJ L157/45 (Directive 2004/48).) The purpose of this article is to analyse to what extent the case-law of the European Court of Justice to date has made it possible to give an unambiguous answer regarding the model of implementation of Directive 2004/48 which meets the requirements of proportionality and, at the same time, of the effectiveness of the protective measures envisaged for intellectual property rights.

Intellectual property rights enforcement and mergers and acquisitions: Evidence from China

In this paper, the impact of intellectual property rights (IPR) enforcement on merger and acquisition (M&A) activity based on provincial data in China is examined. We document a significant increase in the probability of implementing M&A bids in provinces with efficient IPR enforcement. The result is robust after considering endogeneity and using alternatives to IPR measurements. In addition, cash-financed and local M&A bids are more likely to occur in provinces with better IPR enforcement. Our results suggest that increasing R&D expenditures, alleviating financing constraints and increasing product market competition are the possible mechanisms through which IPR enforcement affects the probability of M&A activity.

Exploring the Intersection of Intellectual Property Rights and the Stock Photography Industry: Global and Indian Perspective

This study aimed at exploring intellectual property rights (IPR) on the stock photography industry in the world, with a specific focus on India. The study aims to provide an in-depth analysis of the current state of the stock photography market and the challenges faced by photographers and artists in this industry in terms of IPR protection and enforcement. The research is based on secondary data, including articles, reports, and other relevant literature, and it provides a comprehensive overview of the current state of the stock photography industry in India and globally. The findings suggest that the stock photography industry is growing rapidly, with increased demand for high-quality images and videos. However, the industry is also facing significant challenges. The study also indicates that in countries like India, photographers and artists have the potential to earn income through selling stock photos, videography, and other artistic work over IPR-based stock photography platforms.

Crossroad of intellectual property rights of technology innovators and human rights: a systematic literature review

PurposeThis paper aims to analyze the scholarly approach to examine the issues at the intersection of intellectual property rights (IPRs) and human rights (HRs) and ways to address, to examine broad categories of approaches used by the scholars in examining this conflict, their justification and to provide concrete directions for HRs framework of intellectual property.Design/methodology/approachThe study conducted systematic literature review of 94 research articles published between 1996 and 2021, focusing on cross roads between IPRs and HRs.FindingsThe in-depth content analysis of 94 published research papers revealed the polarization of scholarly opinion on the HRs perspective of IPRs.Originality/valueVery limited efforts were made in past to synthesize and organize scholarly research on the conflict between IPRs and HRs covering the right to education, to access information, to food, etc. besides the right to health care. This study synthesized and analyzed the scholarly research on the crossroad between IPRs and HRs, revealed critical conflict areas and collated the justifications of opposing approaches to provide inputs to international organizations, policymakers and governments for the enforcement of IPRs from the perspective of HRs.

Border Enforcement of Intellectual Property Rights: A Look at New Zealand

Border Enforcement of Intellectual Property Rights: A Look at New Zealand

A Case Study in Copyright: Reggae Sunsplash Preservation Society and Opportunity Costs for Intellectual Property Rights Enforcement

A Case Study in Copyright: Reggae Sunsplash Preservation Society and Opportunity Costs for Intellectual Property Rights Enforcement