Management Of Intellectual Property Rights Research Articles

The UNITAID Patent Pool Initiative: Bringing Patents Together for the Common Good

Developing and delivering appropriate, affordable, well-adapted medicines for HIV/AIDS remains an urgent challenge: as first-line therapies fail, increasing numbers of people require costly second-line therapy; one-third of ARVs are not available in pediatric formulations; and certain key first- and second-line triple fixed-dose combinations do not exist or sufficient suppliers are lacking. UNITAID aims to help solve these problems through an innovative initiative for the collective management of intellectual property (IP) rights – a patent pool for HIV medicines. The idea behind a patent pool is that patent holders - companies, governments, researchers or universities - voluntarily offer, under certain conditions, the IP related to their inventions to the patent pool. Any company that wants to use the IP to produce or develop medicines can seek a license from the pool against the payment of royalties, and may then produce the medicines for use in developing countries (conditional upon meeting agreed quality standards). The patent pool will be a voluntary mechanism, meaning its success will largely depend on the willingness of pharmaceutical companies to participate and commit their IP to the pool. Generic producers must also be willing to cooperate. The pool has the potential to provide benefits to all.

The UNITAID Patent Pool Initiative: Bringing Patents Together for the Common Good

Developing and delivering appropriate, affordable, well-adapted medicines for HIV/AIDS remains an urgent challenge: as first-line therapies fail, increasing numbers of people require costly second-line therapy; one-third of ARVs are not available in pediatric formulations; and certain key first- and second-line triple fixed-dose combinations do not exist or sufficient suppliers are lacking. UNITAID aims to help solve these problems through an innovative initiative for the collective management of intellectual property (IP) rights – a patent pool for HIV medicines. The idea behind a patent pool is that patent holders - companies, governments, researchers or universities - voluntarily offer, under certain conditions, the IP related to their inventions to the patent pool. Any company that wants to use the IP to produce or develop medicines can seek a license from the pool against the payment of royalties, and may then produce the medicines for use in developing countries (conditional upon meeting agreed quality standards). The patent pool will be a voluntary mechanism, meaning its success will largely depend on the willingness of pharmaceutical companies to participate and commit their IP to the pool. Generic producers must also be willing to cooperate. The pool has the potential to provide benefits to all.

Shackling the digital economy means less for everyone: the impact on the music industry

Birgitte Andersen is Professor of the Economics and Management of Innovation in the School of Business, Economics and Informatics at Birkbeck College, University of London. She works on business innovation and technology policy, services dynamics and productivity, and the economics and management of intellectual property rights. She is a keen advocate of less exclusive intellectual property rights, and a smoother functioning of the market for intellectual property. This proposition paper debates the policy measures designed to curb P2P file sharing on the Internet. In doing this, the paper challenges the Digital Economy Act, which passed through the UK Parliament on 8 April, and entered into force on 12 June 2010.

Software innovativeness. A comparison between proprietary and Free/Open Source solutions offered by Italian SMEs

Innovation processes taking place in the software sector are already widely debated. The widespread success of Free/Open Source Software (FOSS) raises new research issues, dealing with whether and how the free circulation of ideas championed by the movement and its collective management of intellectual property rights fosters innovation. The aim of this paper is to contribute to the literature by addressing the following research questions: are programs based on FOSS solutions more innovative than proprietary ones, and, if so, which innovation dimensions are typical of the FOSS production mode? Based on a sample of 134 software solutions produced by Italian Small and Medium Enterprises and using a methodology frequently applied in technology management to evaluate innovativeness of products and services, this exploratory study provides initial insights into what happens when alternative metrics are used to observe complex innovation processes in the software market.

An examination of institutional policy on copyright and access to research resources in Uganda***

Education and research are the cornerstones of Africa's socioeconomic and political development. Yet several barriers stand in the way of Africa's education and research institutions in realizing their full potential. This paper examines copyright as a barrier in the access and use of electronic resources in Africa's education and research contexts. This paper addresses this policy question by examining the extent to which the draft policy on research and intellectual property rights management of Makerere University advances access to resources and the open sharing of knowledge. Based on the critical analysis of Makerere's policy, this paper notes that openness should trump other institutional interests in the copyright system. The position taken in the paper is that institutional policies should advance open sharing of information and knowledge (internal or external to the institution). Short-term legal remedies are proposed based on various Creative Commons' licenses that are designed to advance openness within existing national copyright statutes. Long-term remedies suggested involve reforming national and international laws and instruments to advance openness including protecting existing provisions for education and research. Protection of education and research activities can be attained by not simply availing the existing exceptions and limitations but also precluding statutory exceptions and limitations from being overridden by contractual licenses. The proposed short and long-term remedies are expected to be addressed by institutional policies to facilitate in the access and use of e-resources (and other research and educational resources).

’Patent pool’ initiatives in manufacturing clusters in Zhejiang

SummaryBased on a case study of the IPR (Intellectual Property Rights) pool in the lock industry, Wenzhou, Zhejiang Province, China, this paper examines the formation and operation in which producers collectively take action in regularization and management of innovative knowledge in small firmdominated manufacturing clusters there. The study compares this emerging collective IPR management with patent pools in advanced economies, especially the United States, and explores the characteristics of the IPR Pool in Zheijiang manufacturing clusters. First, the essential rationale for collective action lies with the need for the survival and further development of the emerging rudimentary industry, as compared to mature or well-developed industries. Second, innovative knowledge regulated to protect the IPR pool is substitutive rather than complementary, and informal rather than formally granted by the IP administration as in advanced economy counterparts. Third, the local producers association plays a major role in institutional development for IPR regulation, while patent pools in the United States are alliances of members with no geographical proximity ties. The Zhejiang IPR pools example provides the necessary steps for latecomer manufacturing clusters to learn about intellectual assets and fair competition.

Intellectual property rights business management practices: A survey of the literature

The survey focuses on the empirical literature regarding the use and management of intellectual property rights (IPRs). It overviews policy changes regarding intellectual property (IP) protection in the US that led, according to some commentators, to patent friendly era in the US. Then it looks at the IPRs use and strategies in the US, Canada, EU, Japan and Australia and at the protection of IP in specific industry groups. Also reviewed is the relationship between the use of IPRs and the size of firm and its ownership (national vs. multinational). Numerous articles show that management of knowledge assets in general and IPRs in particular are increasingly important. The value of firms in knowledge intensive activities is determined by the value of its IP. IP is used as a financial asset. Firms allocate more human resources to management of IPRs and their training, but there remain important international differences. The recent literature on the impact of IP on the value of the firm, its assessment, valuation, accounting and management of IP are reviewed. The last section of the paper deals with enforcement of IPRs, infringement and dispute resolution. A special attention is given to internet and computer infringement of IP and to insurance as a protection for legal costs.

Management of Intellectual Property Rights in Information Technology

With the opening up of trade in goods and services, globalization taking place at a rapid pace and multilateral trade arrangements coming into force, intellectual property rights (IPR) occupy an important place. Generation, protection and management of IPR are essential for promotion of innovations in the country. Many patents are granted all over the world in the field of information technology. Patent filing in India in this area indicates that the share of Indians and Indian companies is on the lower side. One of the reasons for this trend is lack of awareness about IPR among scientists and technologists. This article aims at bringing out essential and important features of IPR and how they need to be managed.

US accountant pleads guilty in insurance fraud

Blockchain technology is claimed to be and perceived as one of the revolutionary technologies that will have an enormous impact on our lives in the forthcoming years and decades. The legal questions surrounding blockchain appear to be among the most controversial issues surrounding this novel technology, which create uncertainties as to the scope and speed of its eventual adoption. Is it legal to use blockchain technology? Does or should any governmental authority or court take a record stored in blockchain into consideration in their decisions? Is blockchain reliable? Can the technology be used for the protection and enforcement of legal and property rights?The technological advancements offered by blockchain promise wide ranges of use in a variety of sectors and legal areas, including intellectual property (IP) law. This paper will focus primarily on the possible opportunities that blockchain may offer with respect to the future of IP law and discuss its potential impact on the registration, management and enforcement of intellectual property rights. We will proceed to offer blockchain-based solutions to foster the operation of IP offices, reinforce customs procedures in detecting counterfeit products, and enhance the efficiency of IP rights management by the right holders. The paper concludes by providing some suggestions to pave the way for the advancement of blockchain technology and to increase the number of people that this technology reaches, as well as its successful integration into the various services and registration/transaction channels that we use today.

Evolving relations between the pharmaceutical industry and public sector research

The interface between the pharmaceutical industry and public sector research (PSR) is increasingly diverse, dynamic and complex. As the industry consolidates at the top end, it is also differentiating and fragmenting. A new layer of small focused-activity companies are emerging, many from PSR. This paper examines patterns of knowledge exchange between PSR and industry along the length of the innovation chain, and the management of intellectual property rights.

The battle to define the future of the book in the digital world

Commercial publishing interests are presenting the future of the book in the digital world through the promotion of e-book reading appliances and software. Implicit in this is a very complex and problematic agenda that re-establishes the book as a digital cultural artifact within a context of intellectual property rights management enforced by hardware and software systems. With the convergence of different types of content into a common digital bit-stream, developments in industries such as music are establishing precedents that may define our view of digital books. At the same time we find scholars exploring the ways in which the digital medium can enhance the traditional communication functions of the printed work, moving far beyond literal translations of the pages of printed books into the digital world. This paper examines competing visions for the future of the book in the digital environment, with particular attention to questions about the social implications of controls over intellectual property, such as continuity of cultural memory.

Technology transfer into China:: Preparing for a new era

Currently, there are three forces creating a more favourable background for western multinational companies to do new business in China by transferring new technology. First, growing overcapacity means China requires not traditional turnkey factories, but instead, technology which leads to innovation and improvement. Second, a changing attitude by all levels of Chinese government to demanding state-of-the-art technology including software instead of previous generation technology, and to technology management and commercial implementation more. Third, intellectual property rights are becoming better respected.Arnoud De Meyer makes suggestions to best manage technology transfer into China, with this changed background. Based on six case studies and extensive desk and literature research, he makes proposals under three headings: creating a win–win situation, applying good basic principles of technology transfer to the Chinese case, and applying common sense to the management of intellectual property rights.

Management of intellectual property rights

This article reviews emergent global trends in intellectual property protection and identifies patenting as a strategic initiative. Recent developments in software and method‐of‐doing‐business patenting are fast transforming the e‐business landscape. The article discusses the emergent global regulatory framework concerning intellectual property rights and the strategic value of patenting. Important features of a corporate patenting portfolio are described.

Building competitive skills in small and medium-sized enterprises through innovation management techniques: overview of an Italian experience

The paper reports on the work and the results of the IMTIC (Innovation Management Techniques for Industry Clusters) Project supported by the European Commission’s Innovation Programme. The purpose of the project was to make industrial small and medium-sized enterprises aware of the possibilities offered by innovation management techniques (IMTs) in planning and implementing long-term business strategies. IMTs were presented and outlined to a number of industrial clusters in five Italian regions in the areas of: (i) marketing of innovation, (ii) Technology Watch (TW), (iii) Technology Search (TS), (iv) management of intellectual property rights and (v) quality management. The Institute for Studies on Research and Scientific Documentation (ISRDS) of the National Research Council (CNR) of Italy was one of the subcontractors for the project. The main task assigned to ISRDS/CNR was to set up the methodological framework for two innovative techniques: TW and TS. In particular, the methodological process for setting up TW and TS is described. Monitoring by ISRDS of the project phases and the control of the results are also described.

Postdoc Servitude in the Academic-Industrial Alliance

Postdocs and graduate students generally do not accrue any of the wealth their work can generate through the intellectual property of patents and copyrights. This topic, although not covered in the special issue “Postdocs working for respect” (3 Sept., p. 1513), is one to be aware of, considering the great riches being created from the alliance between industry and academia. Intellectual property policies of educational institution seldom accommodate students of any kind ([1][1], [2][2]). Most policies are regulated by a written agreement that is based on the employer-employee relationship. But unlike faculty, postdocs and graduate students are not usually classified as employees in the allocation of intellectual property rights. Most graduate and postgraduate program materials do not discuss intellectual property policies ([2][2]); rather, postdocs and students discover them while conducting research, especially if they have participated in a potentially patentable invention. So despite their substantial contribution, postdocs and graduate students usually do not fare well in the affluence of the industry-academia alliance ([3][3]). There are many legal and ethical arguments that can be raised in support of participation of this group in the wealth that their work helps to create ([1][1]). Even if they are required, as are most faculty, to assign their inventions to their university, such agreements can be legally challenged ([2][2]), and a host of other legal precedents and ethical guidelines can be used to bolster their case ([1][1], [2][2]). Postdocs and graduate students may often seem like pawns in many of the academic games they must play. Although one can lament the growing dominance of industry's goal of creating wealth to academia's goal of creating knowledge, postdocs and graduate students should also get their just rewards and not merely be exploited as cheap labor. There are, of course, complex legal criteria for establishing sufficient participation to acquire rights in intellectual property ([2][2]). Because of the complexities involved in all aspects of this issue, educational institutions should provide legal and ethical counseling to their postdocs, students, and faculty for the equitable management of intellectual property rights ([1][1]), and postdoc and graduate student organizations should add intellectual property issues to their agendas. 1. [↵][4]1. L. J. Deftos , Scientist 8 (8 June 1998). 2. [↵][5]1. S. H. Patel , Indiana Law J. 71, 481 (1996). [OpenUrl][6][Web of Science][7] 3. [↵][8]1. S. R. Kulkarni , Hastings Law J. 47, 221 (1998). [OpenUrl][9] [1]: #ref-1 [2]: #ref-2 [3]: #ref-3 [4]: #xref-ref-1-1 View reference 1 in text [5]: #xref-ref-2-1 View reference 2 in text [6]: {openurl}?query=rft.jtitle%253DIndiana%2BLaw%2BJ.%26rft.volume%253D71%26rft.spage%253D481%26rft.genre%253Darticle%26rft_val_fmt%253Dinfo%253Aofi%252Ffmt%253Akev%253Amtx%253Ajournal%26ctx_ver%253DZ39.88-2004%26url_ver%253DZ39.88-2004%26url_ctx_fmt%253Dinfo%253Aofi%252Ffmt%253Akev%253Amtx%253Actx [7]: /lookup/external-ref?access_num=A1996TV71200007&link_type=ISI [8]: #xref-ref-3-1 View reference 3 in text [9]: {openurl}?query=rft.jtitle%253DHastings%2BLaw%2BJ.%26rft.volume%253D47%26rft.spage%253D221%26rft.atitle%253DHASTINGS%2BLAW%2BJ%26rft.genre%253Darticle%26rft_val_fmt%253Dinfo%253Aofi%252Ffmt%253Akev%253Amtx%253Ajournal%26ctx_ver%253DZ39.88-2004%26url_ver%253DZ39.88-2004%26url_ctx_fmt%253Dinfo%253Aofi%252Ffmt%253Akev%253Amtx%253Actx

Multimedia Collaborative Content Creation (mc3): The MSU Lecture Online System*

AbstractPutting lecture material on‐line is a time‐consuming undertaking. Before communicating any subject matter, faculty must invest time and effort in dealing with computer‐related administrative overhead. Also, in traditional lecture preparations, faculty can profit from years of previously prepared written material, while for on‐line classes, they often unnecessarily re‐create learning modules that already exist on‐line. Lecture Online is a means for faculty to develop modular on‐line resources collaboratively and share them with each other. The Learning Online Network, which is currently under development, implements a distributed server network with a strong emphasis on cross‐institutional collaborations with intellectual property rights management and optional usage‐based royalty mechanisms.

The winds of change: digital technologies, trading information and managing intellectual property rights

The paper will investigate how the management of intellectual property rights will affect the shaping of the newly emerging global and digital market place. The relevant question to be dealt with is: how can we understand the transformation in the content/copyright industries (as a consequence of technical change, sectoral convergence, and international deregulation) and the newly emerging patterns of competition in the digital/global era? Besides giving an overview of the traditional organisation of the copyright industry (from creation and collective administration of rights to content production companies, and usage), the paper will discuss the major technological, economic, political-institutional, and international challenges creators, collecting societies and "content companies" face now and in the near future. Finally, the coordination problems between creators, collecting societies, publishers and users, and the strategic opportunities and responses of the major stakeholders in the competitive copyright industries will be analysed. Although the discussion focuses on the developments of advanced industrial economies, the impact of these developments will have implications for economies that are less "digitally" developed.