Intellectual Property Rights System Research Articles

Firms’ patenting and collective cumulative knowledge: evidence from the largest R&D investors in the world

ABSTRACT The article discusses R&D investments’ efficiency and intellectual property rights (IPR)’ suitability. There is a debate about whether IPR systems balance private knowledge returns’ appropriation and access to cumulative knowledge to feed technological progress, thus contributing to social welfare. We analyse private R&D expenses’ productivity in terms of inventiveness and investigate whether R&D investments generate knowledge that is of any use in further knowledge creation, examining the citations received by each patent family. Exploiting data about the largest R&D investors worldwide between 2007–2015, we find that R&D investments generate cited and uncited patents with approximately equal elasticities. We observe that an increasing number of patents do not contribute to collective knowledge creation because they are uncited. Eventually, uncited patents absorb more R&D resources than cited ones. Results are robust across industries and patent offices. We posit that uncited patents are socially undesirable and suggest implications for innovation policies.

Climate justice in the intersection between the CBDR&RC principle and intellectual property rights: a critical reading of international cooperation

ABSTRACT In this paper, I explore the intersection of climate justice and international cooperation, focussing on the compulsory licensing of climate-related technologies. I aim to contribute to a critical analysis of the role of intellectual property rights (IPRs) and global development in the twenty-first century, particularly within the context of a climate crisis, by: (i) explaining the evolution of the principle of Common but Differentiated Responsibilities and Respective Capabilities (CBDR&RC) in the international governance on climate change, and (ii) analysing discussions around compulsory licensing of climate-related technologies within the international system of IPRs’ protection. For this, I use qualitative research methods, including critical discourse analysis and a preliminary literature review, to understand the interactions between delegations and the narratives constructed for international cooperation to address climate change. I then argue that a ‘climate justice’ framework would improve discussions of the development and transfer of climate-related technologies and bring transformative possibilities for the understanding of global development.

International trademark protection strength: 1990–2020

AbstractThis paper presents a pioneering study that addresses the insufficient attention given to trademark rights in current indices that evaluate the protection of intellectual property rights (IPRs). Our study sets itself apart from previous measures by defining the strength of trademark protection as the level of applicant friendliness within a country's trademark system. We introduce the innovative trademark protection strength (TPS) index, which focuses on 78 countries spanning from 1990 to 2020. Drawing on established theoretical components of the patent system, we deconstruct the TPS index into four distinct dimensions: international mechanisms, legislation, enforcement and administration. Our findings reveal the growth and subsequent stabilisation of global trademark protection strength, with reduced disparities observed after 2005. Importantly, we identify variations in improvement rates among countries with different income levels, thereby highlighting the influence of economic factors. By providing a detailed methodology and transparent construction of the TPS index, we ensure its replicability and potential for future expansion. The index's objective data and extended coverage facilitate the examination of various configurations of IPR systems, policy designs and their impact on the global economy.

Legal Challenges of Intellectual Property Rights for Quantum Computing

Quantum computing is a very multidisciplinary field, a blend of materials science, electronics, electromagnetism, thermodynamics, quantum physics and the corresponding mathematical framework. The study aimed to evaluate the existing scenario of the choice of the intellectual property rights (IPRs) protection mechanisms for quantum computing, choice of best applicable type, and suggesting some key alternative innovation protection mechanisms. The methodology used in this research consists of general scientific and specific legal (historical-legal, formal-legal) methods besides law interpretation and legal modelling. We critically analyzed the norms for IPR protection of quantum computing from the viewpoint of obtaining protection of inventions and increasing the innovation activity in quantum computing. One of the regulatory mechanisms for every disruptive technology is offering it IP protection. Currently quantum computing hardware is protected by patents while software is mostly protected as copyright besides protection by industrial design and trade secret exist as complementary mechanisms for this revolutionary technology. All available approaches were considered, and amendments are suggested in current IPR legislation to correspond to the reality. This interdisciplinary research revealed the uncertain nature of quantum computing and the difficulty in selecting one type of IPR as the best choice. The best way to establish a sufficient IPR mechanism is to acknowledge quantum computing as an emerging technological cocktail, and to sustain the innovation cycle of this technology. The conclusions of this study can be used to overcome the lacunas in existing IPR system for the quantum computing. This research can be used as torchbearer when preparing proposals for making revisions and additions to the existing legislation.

Intellectual Property Rights and Economical Development: A Brief Overview

A "strong" IPRs regime, in the sense of providing robust protection of private intellectual property rights, was not a necessary prerequisite for their economic growth, according to the historical experiences of the now-developed nations while they were growing themselves, which we reviewed. Most of them did not provide PIPRs with any real protection until quite late in their development related to life science and especially biotechnology. Even the most developed nations, like the UK and the US, didn't create robust PIPRs regimes until the middle of the 19th century (with the exception of copyright protection in the US's instance), while the less developed nations didn't establish such regimes until much later. The legal framework governing the ownership and protection of intangible works of human intelligence, such as inventions, literary and creative creations, designs, symbols, names, and pictures used in commerce, is known as the Intellectual Property Rights (IPRs) regime. This system consists of international agreements, rules, and laws that provide owners or inventors of intellectual property the exclusive right to profit from their creations or investments in them. For the purposes of this paper, it is more important to note that all of these nations were quite willing to v30isolate the intellectual property rights (IPRs) of other nations, even when they had put in place laws protecting the IPRs. Examples include hiring illegal foreign labor, smuggling machinery, industrial espionage, violating trademark laws, allowing the patenting of imported inventions, and outright refusing to adopt the patent system (in the case of the Netherlands and Switzerland) related to life science and especially biotechnology. Some nations approached this issue in ways that can only be described. The best examples include the routine infringement of British trademarks by German producers in the late 19th century, when the nation was pressuring Switzerland to enact a patent law, and the US pressing other nations for the "improvement" of their patent laws in the lead-up to the adoption of the Paris Convention while flatly refusing to protect foreign copyrights related to life science and especially biotechnology. We talked about the issues with the dominant IPR regime that is now in place, which is centered on the patent system, and the TRIPS agreement that represents its apex. Contrary to popular belief, a "good" IPRs regime need not provide the strongest protection for private IPRs. Next, we looked at whether developing nations would likely gain from a stronger PIPRs system, particularly the one required under the TRIPS. Given that most developing nations do minimal R&D and that much of the new information they produce is not patentable, the "domestic" advantages of a stronger IPRs system—that is, an increase in knowledge production by the citizens—are probably relatively minor related to life science.

How does intellectual property system affect technology entrepreneurship: evidence from Chinese prefecture‐level cities

Technology entrepreneurship plays a pivotal role in bolstering regional economic vitality, with the intellectual property rights (IPR) system serving as a fundamental safeguard for entrepreneurs' intellectual achievements. Using panel data encompassing 260 prefecture‐level cities in China from 2006 to 2019, we employ the count of registered technology‐based enterprises to construct an indicator of technology entrepreneurship and consider China's IPR policy as a quasi‐natural experiment to examine the impact of the IPR system on technology entrepreneurship. The findings reveal that the pilot policy can significantly stimulate technology entrepreneurship displaying a periodically dynamic promotional effect. This conclusion remains reliable even after undergoing rigorous robustness tests. The mechanism analysis demonstrates that the pilot policy can stimulate technology entrepreneurship by enriching the technological knowledge base and providing financial guarantees. Notably, while the policy's impact on technology entrepreneurship increases with the expansion of the city scale across different scenarios, no discernible regional disparities emerge. This study provides a new perspective on the relationship between the IPR system and entrepreneurship, offering valuable insights into improving the IPR framework in emerging developing countries.

Legal Protection of Bambu Gila Dance as a Traditional Cultural Expression

This study aims to examine the bambu gila dance as a potential intellectual property for traditional cultural expressions in Maluku which should receive legal protection as part of efforts to defend cultural heritage from claims of ownership by other parties or other countries. Bambu Gila Dance is one of the famous traditional arts from Maluku. The traditional cultural expression in the form of the Bambu Gila dance is expressly protected by the Indonesian intellectual property rights system. However, protection for Bambu Gila Dance as a traditional cultural expression cannot be realized so that it can only be used by other parties illegally. This research is a normative juridical research supported by primary legal materials and secondary legal materials with a conceptual approach and statutory approach. Legal protection for the traditional Bambu Gila dance from Maluku Province has not been effectively implemented, both based on Article 38 of Law Number 28 of 2014 Concerning Copyright, as well as in terms of the actions of government officials who have not been able to inventory traditional dance performance artworks as an expression traditional culture in Maluku including the Bambu Gila Dance. The role of the Provincial and Regency Governments in Maluku is crucial in realizing legal protection for traditional dances, including the Bambu Gila Dance, as intangible cultural heritage through the establishment of regional regulations. These regulations serve as legal basic to provide legal certainty as part of efforts for preventive legal protection for the Bambu Gila Dance.

The Role of Innovation Activity in Sustainable Development

In the face of global challenges, sustainable development is becoming a priority for many countries. The article examines the role of innovation in ensuring sustainable development. Particular attention is paid to intellectual property as a key element of innovative growth and economic development of countries. The mechanisms through which patents, trademarks and copyrights promote innovation, stimulating scientific and technological progress and helping to create competitive advantages are analysed. The article examines the relationship between the EU innovation policy and the dynamics of the use of various intellectual property objects. The subject of the study is industrial intellectual property, in particular trademarks and patents for inventions, which serve as a catalyst for the development of innovations in the Eurasian Union. These types of industrial property are chosen because of their use and protection. In this study, the French and German patent systems were the most common. The analysis shows that the intellectual property system in the Netherlands has many advantages. It also shows that other EU countries have succeeded in achieving innovation policy goals by creating a system of exclusive industrial intellectual property rights.

The Impact of the Sino-US Intellectual Property Cases on the Evolution of Chinese Law and the Future Globalization Trend of Chinese Law from the Perspective of the WTO

Abstract This paper critically examines the trade relations between China and the United States, with a particular focus on the sensitive issue of intellectual property rights (IPR) trade frictions and disputes. It delves into the root causes of IPR conflicts between the two nations by analyzing IPR cases that have arisen since China acceded to the World Trade Organization. Notably, during the period from 2001 to 2016, the United States initiated a total of 243 “337 investigations” cases against China, which represents 77.66% of all such investigations targeting China. This study also considers the strategic implications of these cases and assesses the impact of the evolving IPR system in China. In 2008, China’s IPR policies were notably centered on enhancing protection, which is reflected in text mining results where the keyword “protection” emerged as one of the top eight high-frequency words, with occurrences ranging from 25 to 73. Furthermore, this analysis forecasts the future trends in China’s legal globalization, informed by the evolution of its intellectual property law.

Protection of intellectual propertyrights: peculiaritiesofimplementation in Ukraine, the USA and some countries of the European Union (Germany, France)

In our work, we consider the peculiarities of the protection of intellectual property rights in Ukraine, USA and EU countries (Germany, France).
 Intellectual property is a unique creation of the human mind and one of the important achievements of every developed and democratic country. The field of law in the field of intellectual property is currently in a state of active and unceasing development: legislative norms are constantly regulated, the experience of successful countries in the field of intellectual property is analyzed and borrowed. Taking into account the possibilities of modern technologies, intellectual property rights are increasingly subject to violations, which determines the specifics of their protection in Ukraine and the countries of the European Union (USA, Germany, France).
 Taking into account the above and on the basis of scientific approaches and legally established provisions, the concepts of «intellectual property», «intellectual property right», «protection of intellectual property rights» have been defined. In the course of the analysis of national and foreign legislation, normative legal acts were established, according to which intellectual property rights were established in the studied countries.
 Detailed attention is paid to the peculiarities of the protection of intellectual property rights in Ukraine, the USA, Germany and France, and to the identification of similar features and opportunities for borrowing better experience in the protection of intellectual property rights.
 Attention is focused on the peculiarities of judicial protection in Ukraine under the conditions of martial law.
 The article analyzes the methods of protecting intellectual property rights, taking into account the peculiarities of Ukraine, the USA, Germany and France, namely, the civil-law, criminal and administrative means of protection of Ukraine and the USA, the organizational and economic mechanisms of Germany and Ukraine, proposed for even more effective protection intellectual property rights and the reduction of violations in this area, to implement the successful experience of France regarding the obligation of citizens to patent and obtain a license for inventions and the experience of the French Republic in improving the judicial system and judicial protection of intellectual property rights.

Stronger and more just? Recent reforms of China’s intellectual property rights system and their implications

Purpose Since 2015, China has made efforts to reform its intellectual property rights (IPR) system to better protect and stimulate innovation. These reforms are a result of the demand for more stringent intellectual property (IP) protection from China’s domestic, innovative industries and a measure to ease the pressure exerted by its foreign trading partners, particularly against the background of the US-China trade dispute that started at the beginning of 2018. This paper summarizes these reforms and their implications. Design/methodology/approach This paper combines a variety of sources, including academic articles, government websites, news reports, industry surveys and expert opinions, to offer insights in China’s IPR system and its recent reforms. Findings This paper summarizes and discusses (1) the state’s law amendments, including the 2015 amendment of the “Law on Promoting the Transformation of Scientific and Technological Achievements”, the second amendment of the “Anti-Unfair Competition Law” with regard to trade secret protection, the fourth amendment of the “Patent Law”, and the legislations and regulations addressing the criticisms of the US administration over China’s so-called “forced” technology transfer policies; (2) the establishment of the specialized IP courts and tribunals since 2014; (3) the restructuring of the State IP Office; and (4) the issuing of an “Outline for Building an IPR Powerhouse (2021–2035)”. Originality/value This paper highlights China’s efforts to make its IPR system stronger and more just. It also discusses international observers’ reactions and pinpoints specific areas for further improvement.

Empowering the Intellectual Property Rights System to Address the Impact of Climate Change on Agricultural Sector

In the last few decades, climate change has created a number of weather anomalies along with their distortive impacts on the environment. Various forms of natural disasters such as floods, landslides, droughts and forest fires disrupt the cultivation of the agricultural sector and strengthen food security. The problem is, the impact of climate change like that has caused crop failures, food crises and even social crises. In fact, climate change is a major risk to good development outcomes. Consequently, there is a need to integrate climate action into the core of development agenda. This sociological juridical research aims to examine what policies and steps the government must prepare to save the agricultural sector, food availability, and the environment. For Indonesia, empowering Intellectual Property Rights (IPR) is a strategy that needs to be used as a guide and direction. The legal system for patents, new plant varieties and geographical indications needs to be used as an instrument as well as a driving force to support agricultural development, food security and distribution of commodities for the people of Indonesia whose population continues to grow.

Protecting and Accessing Indigenous Peoples’ Digital Cultural Heritage through Sustainable Governance and IPR Structures - the case of Sámi Culture

This article addresses the clash between Western and Indigenous understandings of how cultural heritage should be governed, protected and treated through law, especially in the digital environment. Specifically, the focus is on the ways in which the Western intellectual property rights (IPR) system often stands in contrast with Indigenous practices and ethics. This problem is approached through a single, intrinsic and descriptive case study related to the digital cultural heritage of the Sámi people: the Digital Access to Sámi Heritage Archives project. The article shows how the current IPR framework governing Indigenous cultural heritage is often misaligned with Indigenous worldviews. However, the study reveals that there is room to develop more sustainable, just and inclusive practices by complementing the existing legal rules with soft-law mechanisms, such as norms and customs, co-created with Indigenous communities.

Pengaturan Hak Kekayaan Intelektual dalam Masyarakat Ekonomi Asean dan Implikasinya bagi Indonesia

Nowadays, the intellectual property rights (IPR) have received great attention from countries related to the utilization of IPR that can be of high economic value. In the blueprint of the ASEAN Economic Community 2015 also contains that ASEAN wants to realize a single market with free traffic flow, among other things, to the field of Intellectual Property Rights (IPR). The problems in this research are firstly, how is the system of intellectual property rights (IPR) protection in the framework of trade liberalization in ASEAN Economic Community ?; and secondly, what are the implications of the application of the intellectual property rights system within the framework of ASEAN to the regulation of intellectual property rights (IPR) in Indonesia?. This research is a legal research that is juridical normative with legal history and legal comparison approaches, emphasizing on secondary data obtained from literature study and supported by primary data in the form of interviews obtained from field research. The specification of this research is descriptive analytical. The data collected were analyzed by qualitative juridical. The results of this study are; Firstly, the legal protection system of Intellectual Property Rights in ASEAN in the framework of trade liberalization through the ASEAN Economic Community 2015 is based on the ASEAN Intellectual Property Rights Action Plan 2011-2015/ASEAN IPR and ASEAN Charter. Furthermore, the two legal instruments are within the content of ASEAN Intellectual Property Rights Action Plan 2011-2015 and the Preamble of ASEAN Charter and Article 1 (points 5, 6 and 11). The ASEAN Charter contains the concept of Welfare State law in which the purpose of the provisions of such law shall be one of them in the framework of the interests of the welfare of ASEAN society as existing in the concept of the welfare state; and Secondly, in the framework of the realization of the ASEAN IPR Action Plan 2011-2015 in the ASEAN Economic Community, then Indonesia has adjusted by amending several regulations of legislation which are within the scope of intellectual property rights such as the Law no. 19 of 2002 with the Law no. 28 of 2014 on Copyright and the Law no. 15 of 2001 with Law no. 20 of 2016 on Trademarks and Geographical Indications to deal with the era of global trade.

Characteristics Of Trade Secrets As Property Rights In The Indonesian Property Law System

This research reports on a legal study of trade secrets which are part of the Intellectual Property Rights system. Legal protection is given to trade secrets in order for trade secret right holders to be able to create a climate that encourages creation and innovation to advance Indonesian industry in order to compete in the scope of national and international business. A trade secret is information that the law considers to be a property. The classification of information as a trade secret must have economic value, be unknown to the public and kept confidential by the owner. There is a problem, namely the character of trade secrets that cannot be included in the system of property law in Indonesia, because the characteristics of trade secrets do not fulfill the elements of property rights and there is no single norm that regulates the registration of trade secret rights as property rights. Jeremy Bentham and Thomas Hobbes Theory of Legal Protection and Theory of Ownership are chosen as the analytical knife, that a trade secret is a legal right, namely a property right over an intangible movable property that arises due to a registration. The implication of this is that the trade secret law does not provide legal protection and legal certainty for the right holder.

Research on the Legal System of Sports Intellectual Property from an International Perspective

The development of digital technology has created enormous opportunities for the global promotion of sports intellectual property rights, while also bringing various risks and challenges to the global protection of sports intellectual property rights. It is extremely important to deeply explore the legal system of sports intellectual property rights from an international perspective in order to prevent the occurrence of sports intellectual property rights worldwide and promptly remedy the corresponding infringed sports intellectual property rights. On the one hand, such research contributes to the global relief and maintenance of sports intellectual property rights; On the other hand, in a deeper sense, it contributes to the steady development of the global sports industry. Research suggests that the characteristics of the legal system of sports knowledge are mainly manifested in the virtualization of international jurisdiction, the foreign-related nature of the rights subject, the differences in legal systems, and the particularity of the rights object.

Research on the Noumena of Intellectual Property Rights from the Perspectives of Law and Economics

This paper aims to explore the noumena of intellectual property rights through the analysis of law and economics, examining the functions of establishing the intellectual property rights system and its independent significance compared to other rights. A new approach to goods analysis is proposed to analyze the noumena of intellectual property rights and understand the functions and construction methods of the intellectual property rights system. By comparing intellectual property rights with other noumena such as data property rights, virtual property rights, and information rights, the independent significance of intellectual property rights is explored. Furthermore, an analysis of the creating process of right noumenon leads to the establishment of the principle of primacy for the original acquisition of intellectual property rights. Based on this principle, it is argued that the noumena of intellectual property rights should be the result or the certificate of "confirming rational significance.

How structural changes are driving R&D activity in India’s pharmaceutical sector

Abstract Objectives Rising Research and Development (R&D) activity has led to dramatic growth in India’s pharmaceutical market in the last decade. This increase in R&D was occurring at a time of significant changes in the sector, notably in the intellectual property rights (IPR) system and the sector’s increased focus on biopharmaceuticals. The objective of this study is to examine the impact of these structural changes along with the traditional drivers of R&D activity to better understand the transformation in India’s pharmaceutical sector during this period and shed light on its future trajectory. Method We extend the traditional model to estimate the determinants of R&D by incorporating the changes in India’s pharmaceutical sector during this period. With pooled data for the top 16 pharmaceutical firms during the last decade, this model is estimated using feasible generalised least squares. Key findings Our results show that R&D is affected by firm size, global reach, and profitability. Experience, particularly successful patent experience, is important. However, at some point, R&D activity resulting from longevity succumbs to diminishing returns. Also, the IPR environment and firm investment in biopharmaceutical treatment are important drivers of R&D. Conclusion Promoting R&D activity is vital to keep India’s pharmaceutical sector on its growth trajectory. Policies supporting the sector’s shift from imitation to innovation and promotion of biopharmaceutical treatment will ensure its continued success.

Intellectual Property Development Transformations in Chinese Societies

This article analyzes the current situation of China's intellectual property rights by analyzing the legislation and revision of China's intellectual property law; the development stages of China's intellectual property rights by analyzing the time of intellectual property law; and to take theoretical system of intellectual property rights with Chinese characteristics as development goal, set the statistical standards, and analyze Chinese intellectual property development deficiencies. The conclusion is that the directions of intellectual property transformation in China are ontology and culture.

Evolutionary game analysis on the diffusion of general purpose technologies with government multiple supports

ABSTRACT General purpose technologies (GPTs) are seen as engines of economic growth, which is achieved through diffusion in various application sectors. The diffusion of GPTs is the key to unleashing their potential value. However, the market and organisational failure of GPT diffusion are seen as hurdles to realise this potential. To address this issue, a single-group evolutionary game model was established to analyse the GPT diffusion process and its influencing factors and reveal the evolutionary mechanism of GPT diffusion. The main findings of the study show that the GPT diffusion is an evolutionary process influenced by many factors. GPT diffusion is negatively related to adoption and commercial development costs and positively related to the success rate of commercial development. In addition, government support is found to be positive for GPT diffusion, but a disproportionate share of government funding supports dampens the diffusion process. It is also found that government funds, knowledge and technological support are conducive to GPT diffusion. The effect of knowledge and technological support on GPT diffusion is positively regulated by the technology conversion coefficient, but the intellectual property rights system has a negative impact. The study sheds light on strategic choices for the diffusion and supply of GPTs.