Exploitation Of Intellectual Property Research Articles

Toward FPGA Intellectual Property (IP) Encryption from Netlist to Bitstream

Current IP encryption methods offered by FPGA vendors use an approach where the IP is decrypted during the CAD flow, and remains unencrypted in the bitstream. Given the ease of accessing modern bitstream-to-netlist tools, encrypted IP is vulnerable to inspection and theft from the IP user. While the entire bitstream can be encrypted, this is done by the user, and is not a mechanism to protect confidentiality of 3rd party IP. In this work we present a design methodology, along with a proof-of-concept tool, that demonstrates how IP can remain partially encrypted through the CAD flow and into the bitstream. We show how this approach can support multiple encryption keys from different vendors, and can be deployed using existing CAD tools and FPGA families. Our results document the benefits and costs of using such an approach to provide much greater protection for 3rd party IP.

Social Media Communication Strategy and User Behavior Analysis of Film IP from a Cross-cultural Perspective

This paper uses the live-action film "Barbie" as an example to explore the strategies and analysis of user behavior in the social media communication of film intellectual property (IP) from a cross-cultural perspective. First, it introduces the concept and characteristics of social media marketing, including establishing marketing points and trust, sharing content with readers, and building interactive relationships with customers. Next, it analyzes the current situation and characteristics of film marketing and summarizes the development stages of film marketing. Then, it proposes social media marketing strategies based on the film's content, the audience, and the business model, including topic marketing, event marketing, word-of-mouth marketing, and emotional marketing. In addition, it explores the problems faced by film social media marketing. It puts forward corresponding countermeasures, such as innovation in marketing models, integration of online resources, and rational planning of market schedules. Finally, it summarizes this research's primary results, innovations, and prospects for future research directions. This study is significant for film IP's social media communication strategies and user behavior analysis, providing valuable references for the film industry.

CREATIVE INDUSTRY OF CITIES AND REGIONS: MAIN FEATURES

The article focuses on the importance of the developing creative industries in cities and regions as impulses for increasing the economic potential of territories and expanding the range of goods and services produced within territories. They could also be of tremendous importance working as translators of the territory’s local identity to the global world. Analysis of recent research and publications underscores the creative sector's importance as a critical growth factor and a magnet for intellectual, creative personnel in the global arena. Theoretical and methodological foundations of the creative economy, popularized in recent decades, continue to be promising scientific developments in the search for progressive drivers of economic growth. Unresolved components within the creative industry demand meticulous examination, outlining primary challenges that persist and merit further exploration. The objectives of the article are to illuminate the pivotal role of creative industries in urban and regional development, emphasizing their contribution to economic, social, and cultural dynamics. The study explores stimulating conditions and production factors propelling the development of creative spheres, contributing to the ongoing discourse on progressive drivers of economic development in the contemporary world. Beyond economic parameters, the paper elucidates the profound intellectual and cultural implications of the creative industry. It serves as a reservoir for generating new knowledge, ideas, and technologies, preserving cultural heritage, promoting intercultural interaction, and transferring knowledge to subsequent generations. The main material of the research emphasizes the role of creative spheres as a special human activity meeting modern requirements for progressive development. The creative industry, as a branch of the economy, is based on the development of ideas, human intellectual activity, and technologies. It is concluded that the main feature of creative industries is the presence of a source of individual creativity, skills and talent with the potential to create jobs and well–being through the production and exploitation of intellectual property. A number of positive effects of developing creative industries (economic, social, cultural, innovative) are highlighted, allowing flexible integration into the new economic reality and contributing to the implementation of mechanisms for generating the creative potential of cities and regions. The development of creative industries ensures the disclosure of creative, intellectual, and innovative potential, adapting to deep and dynamic changes.

A new dataset to study a century of innovation in Europe and in the US

Innovation is an important driver of potential growth but quantitative evidence on the dynamics of innovative activities in the long-run are hardly documented due to the lack of data, especially in Europe. In this paper, we introduce PatentCity, a novel dataset on the location and nature of patentees from the 19th century using information derived from an automated extraction of relevant information from patent documents published by the German, French, British and US Intellectual Property offices. This dataset has been constructed with the view of facilitating the exploration of the geography of innovation and includes additional information on citizenship and occupation of inventors.

Intellectual property strategy and the governance of technological platform-driven global value chains: The case of Qualcomm

This study investigates the impact of intellectual property (IP) strategy on the governance of technological platform-driven global value chains (GVCs) using a case study of the collaboration between Qualcomm and Chinese smartphone manufacturers. Our findings are twofold. First, even when IP protection is inadequate or technological capabilities of IP users are weak, a well-designed IP strategy can allow a technological platform vendor (Qualcomm) to transfer knowledge to users in developing countries while still protecting their own IPs. Second, by reducing the platform and value chain’s modularity, a good IP strategy can encourage platform vendors to offer more innovation and learning opportunities along GVCs. We show there can be a significant mutual reinforcement mechanism included in an IP strategy that supports the co-evolution of platform vendors and a few selected users (OPPO, VIVO, and Xiaomi) with great potential for learning and innovation in GVCs.

The Role of High-end Manufacturing in Sino US Trade Friction

Since the end of 2017, the US China policy has undergone major changes, and trade friction and technological competition have gradually become the focus of bilateral relations. China strives to strengthen its independent innovation capability, master key core technologies, and become an innovative country. The United States suppressed China on the grounds that "China forces us enterprises to transfer technology and steals US intellectual property rights.". Advanced technology has become the main stage of competition and contest between China and the United States. And high-end manufacturing enterprises play an extremely important role. From the perspective of the economic development of China and the United States, this paper looks for the causes of Sino US trade frictions and the underlying internal logic. Finally, from the perspective of high-end manufacturing development, the paper analyzes the advantages and possible problems of the development of China and the United States.

Portfolio intelektualne svojine u funkciji unapređenja konkurentnosti u ekonomiji znanja

In the modern business environment tangible assets and traditional sources of competitive advantage tend to lose its strategic importance. The market value of most companies in most developed countries is based on intangible assets such as intellectual property, knowledge, innovation, etc. Financial analysts and investors increasingly recognize intellectual property as a key determinant of enterprise value and indicators of innovation - technical competence in the new era of economy based on knowledge. Intellectual property rights provide companies with the opportunity to differentiate their products through exclusivity, positioning in the existing markets or creating new ones, preventing competition from prevailing in a particular market and the reduction of risks and uncertainties relating to the introduction of new or improvement of existing products on the market. Intellectual property is a core of competitive advantage and business performance of the company. This understanding of intellectual property requires the efficient creation portfolio of intellectual property and the profitable use of one or more primary forms of intellectual property. By analyzing the data on the number of applications for the recognition of industrial property rights, we tried to make an assessment of the situation in the Republic of Serbia and determine the prevalence of certain forms of industrial property that have been registered in the last five years. The conclusion highlights recommendations for economic policies that promote the development and exploitation of intellectual property, contributing to the improvement of the competitiveness of companies and the entire economy.

A Spectrum of Open Social Innovation Within Social Enterprise

The concept of ‘open social innovation’ (OSI) has not yet been fully understood, particularly in relation to social enterprises (SEs). This paper explores the use of OSI as a means of achieving social change through two in-depth, longitudinal, qualitative case studies with Scottish SEs. The researcher undertook participant observation for a year as well as conducting interviews and reviewing documents of the case study organizations. We build on Wikhamn (2013) by conceptualizing two approaches to OSI: ‘controlled’ which is closely connected to market-based attitudes, and ‘libre’ which is connected to the knowledge commons. Each approach has ramifications for how SEs achieve social change: either through exploitation of intellectual property as a means of income generation or freely revealing to accelerate social impact. The ways in which SEs manage OSI could thus determine the impact they can have on tackling some of society’s most challenging social problems.

What Copyright? Whose Intellectual Property?: College Student Intellectual Property Rights and Anti-plagiarism Software

ABSTRACT An important question that has arisen under US intellectual property law and regulations is the possible legal and ethical issues higher education institutions may face when instituting anti-plagiarism software. Through an analysis of the history of intellectual property and copyright law, this paper addresses the ethical debates around university utilization of such software. The paper then raises and evaluates alternative approaches. After thorough consideration of the pros and cons of anti-plagiarism software, the paper concludes that such software violates certain intellectual property rights, and its use breaks the trust between universities and their students.

야구장 응원가 저작권 침해 사건으로 살펴본 이용자의 권리-서울고등법원 2021. 10. 21. 선고 2019나2016985 판결을 중심으로-

Since 2017, sports fans have suddenly been unable to sing the so-c alled ‘cheering songs’ sung by baseball game visitors, or sports fans, at baseball stadiums. Baseball stadium cheering songs are usually mad e by changing existing music into cheering lyrics and music. Existing music can be divided into the music that with the expired copyright pr otection period that has entered the realm of Public Domain, and the music is still covered by the copyright protection period. The authors of existing music claimed that the transformation of their music into c heering songs violated their copyright. About 20 song/lyric writers file d a lawsuit against the Samsung Lions for damages, claiming that the professional baseball club modified the song without consent and used it as cheering songs. The problem in the case at issue was whether t he transformation violated the copyright of the existing music copyrig ht holder, the copyright of the copyright holder, the right to write sec ondary works, the copyright to maintain identity, and the right to displ ay names. The court of first instance held against the song/lyric writers. The baseball clubs paid for the use of their work and used the song as ch eering songs for a considerable period of time, and the partial of chan ge the songs for use as cheering songs was not deemed to violate th e rights claimed by the plaintiffs. The appeals court reversed and held partially in favor of the plaintiffs. However, the actual benefit for the plaintiffs was not significant as only the infringement of the right to in dicate the name was recognized on appeal, and the amount of compen sation less than 10% of the claim was recognized. The sports and music sector, which was addressed in the court deci sions, takes up a large proportion of the cultural industry, and it is ne cessary to consider various intellectual property users. The court's co nclusion appears to have taken into consideration the cheering culture of visitors to the baseball stadium. It seems to be a ruling that consid ers the rights of those who use works for the purpose of the Copyrig ht Act and contributes to the improvement and development of the sp orts industry. In the end, it is a meaningful judgment that reconsiders the purpose of the copyright law of “exercise of copyright in accordan ce with the purpose of using a work and fair use of a work” and confi rms the importance of signing a clear contract to prevent disputes.

Examination of applications for registration of the invention under EU regulations - Experience for Viet Nam

In this article, from the perspective of analyzing European Union law and Vietnamese law on patent registration as well as the practical examination of patent applications in the European Union and Vietnam in which proposes experience for Vietnam in the process of completing, amending, and supplementing legal regulations related to the process and methods of examining patent applications to save time on granting patents as well as protect industrial rights of the applicant. As a matter of practice, the long process of examining industrial property applications in general and patents, in particular, has caused difficulties for the rights holder in the process of intellectual property exploitation while the cycle of development of alternative technology or, in other words, the life cycle of technology is getting shorter and shorter. In this regard, the right holders only have a few years even a couple of months from the application date to start the process of commercial exploitation so that the right holders are unable to recover the expense of the investment for developing inventions. Besides, the number of patent applications is increasing along with economic development and national start-up campaigns. Therefore, in the context of shortening patent examination and other industrial property, in general, are now significantly necessary. Furthermore, within the scope of the article, the authors have compared the regulations of the European Patent Convention regarding the patent application examination, despite the similar steps of filing compared to Vietnam’s regulations, the European Patent Convention still has some significant regulations to shorten the examination. As the result, based on reference to EU regulations, the authors propose a number of solutions to overcome the situations leading to the prolongation of the patent granting time and effectively protecting the interests of the applicant in Vietnam.

Пілотна оцінка ставлення експертів до значущості характерних рис інноваційної привабливості об’єктів інтелектуальної власності

Modern technology transfer is associated, inter alia, with the selection and implementation into production of the objects of intellectual property. At the same time, proactive assessment of the investors’ or experts’ attitude to the characteristics and indicators of these objects determines the appropriate "order" and promotes more effective interaction between the producers and the users of intellectual property. The experts’ preference patterns as the ordered series of many characteristics of attractiveness for innovation of objects of intellectual property are one of the indicators of human influence on decision-making about the degree of acceptability of a particular object and should be used to implement the method of successive concessions based on the pattern recognition methodology, "glob pattern/masks" of this acceptability. The research involved m = 90 highly qualified specialists who are constantly involved in UkrISTEI to provide various expert examinations. A more up-to-date list of n=18 characteristics of attractiveness for innovation of objects of intellectual property has been formed, which allows to study these objects comprehensively and to the fullest extent. The pairwise comparison and normative method of establishing part of the total value (significance, acceptability) of these characteristics were used by the experts, who took part in the research. They built individual systems of preferences, which were then aggregated into a group preference pattern using a group decision-making strategy such as summarizing and grade averaging. Verification of consistency of the group preference pattern revealed that the obtained empirical value of the Kendall's coefficient of concordance is statistically valid at an unusually high level of significance of a= 1% as for human factor studies. However, it does not satisfy the criterion for the minimum acceptable value: Wemp.=0,4772<Wmin=0,7. The ways of further research related to the application of multi-step technology of detection and elimination of marginal thoughts while eliminating the statistical error of the "survivor", as well as improving the group preference pattern where the classical Savage’s criterion in decision-making and the Kemeni median are applied.

Міжнародний досвід застосування критеріїв оцінки матеріальної шкоди для визначення збитків внаслідок неправомірного використання об’єктів інтелектуальної власності

One of the main goals of intellectual property rights is to ensure financial protection of intellectual property rights of the rightsholder in case of violation. The article analyses the international experience of damages valuation criteria application for measuring losses through illegal exploitation of intellectual property (patents, trademarks, copyrights, etc.). The ability to make preliminary damage measuring due to the illegal use of intellectual property helps make better litigation choices. It is crucial to understand the basic approaches and damages valuation criteria in determining material loss. On the one hand, it helps the rightsholder make an informed and optimal decision to recover a reasonable amount of compensation in court. On the other hand, understanding the approach to determining damages affects the type and number of witnesses, facts, and experts involved in defending the case. Authors consider approaches and damage criteria for assessing the loss caused to rightsholders on the example of the European Union, the United States, and Colombia. It is shown that the same criteria are used in different countries for damages: lost benefit of the rightsholder; the profit of the offender; lump sum damage and/or hypothetical (“reasonable”) royalties; compensation established by law; coverage of other indirect losses. However, applying these criteria in different countries is different for the reimbursement of different types of intellectual property rights. The international experience analysis of damages valuation criteria application for measuring losses through intellectual property illegal exploitation allows to improve the normative-legal field in Ukraine and create a national methodology of damages measuring caused by illegal exploitation of the intellectual property.

Intellectual Property, Antitrust, and Access to Essential Technologies

This article explores whether and how we may leverage antitrust law to calibrate the exploitation of intellectual property (“IP”) rights – e.g., IP licensing –to facilitate needed access to essential technologies. The motivation of the article is to help developing countries find an effective way to address their complaints that owners of IP-protected technologies refuse to license needed technologies or charge unfairly high prices. The article concludes that leveraging antitrust law to address these typical challenges developing countries experience in accessing essential technologies may be more effective than attempting to change the IP regime governed by negotiated and established multilateral instruments. The article addresses the normative question of whether we should leverage antitrust law to improve access to essential technologies and the applied question of how we may do so. In answering the first question, the article explores the conceptual linkages among IP, antitrust law, and access to essential technologies, examining the diverse approaches toward the IP-antitrust interface by multilateral, regional, bilateral, and jurisdictional instruments. In answering the second question, the article compares courses taken by three major antitrust law regimes – the U.S., the EU, and China – toward the IP-antitrust interface, refusal to license, the essential facilities doctrine, and excessive pricing. The article suggests a possible approach in using antitrust law to improve access to essential technologies and proposes corresponding guidelines for designing antitrust law provisions to achieve this purpose. The article discusses necessary balancing considerations in the implementation. It also considers the barriers developing countries need to overcome for the implementation.

Social capital for knowledge management system of the creative industry

PurposeTh purpose of this paper is to represent the role of social capital for the knowledge management system (KMS) in the kind of literature which is related to the topics in the creative industry.Design/methodology/approachThis paper uses conceptual and literature study with empirical quantitative and qualitative investigation to validate. As some literature states that KMS is an organizational process and tool for acquisition, conversion, application and protection of existing knowledge as a way to use, develop and manage it which comes from internal and external organizations.FindingsLiterature shows that for some organizations, knowledge is gained through research and development (R&D) of the internal organization. In contrast, the creative industry requires knowledge that is derived from social capital such as social environment and community. The social environment and community (social capital) will provide knowledge that is required for the existence of the creative industry in producing the creative product that may represent the social context in which the creative industry exists. This study uses a meta-analysis as a tool of analysis to classify previous research and studies regarding the roles of social capital for KMS in the creative industry that were used as the cornerstone of the research.Originality/valueStudies in the creative industry previously show that knowledge is a collaboration of tacit knowledge and explicit knowledge which is gained from various the creative classes within the industry. As a renewable resource-based industry, creativity, skill and talent are resources that are used to be commercialized to gain wealth for not only big industries but also for micro, small and medium economies (UMKM) that mostly done by communities, to create employment through the exploitation of intellectual property. Therefore, the creative industry can be meant as a knowledge-based industry that requires the application of KMS in its operation.

Innovation institutions and the opioid crisis.

The US has recently—and belatedly—come to recognize opioid addiction as a public health crisis. What has gone mostly unrecognized is the degree to which this crisis is intertwined with US intellectual property law and related elements of US innovation policy. Innovation institutions—the legal arrangements that structure incentives for production and allocation of knowledge goods—encouraged the development and commercialization of addictive painkillers, restricted access to opioid antidotes, and (perhaps most importantly) failed to facilitate investments in alternative, nonaddictive treatments for chronic pain. Although innovation policy does not bear all the blame for the opioid wave that has washed over communities across the country, innovation institutions are bound up in the ongoing epidemic to a degree that so far has gone underappreciated.This article examines the proliferation of opioid use and abuse through the lens of innovation policy, and it envisions ways in which innovation institutions could help to contain the crisis. Along the way, it seeks to derive broader lessons for innovation policy scholarship as well as recommendations for institutional reform. The opioid crisis challenges the conventional understanding of IP law as a trade-off between allocative efficiency and dynamic efficiency; it highlights the potentially pernicious role of IP protection for addictive and habit-forming products; and it exposes deep flaws in the structure of federal subsidies for and regulation of prescription drugs. It also draws attention to the political and cultural factors that contribute to innovation policy failures. Ultimately, the opioid crisis underscores both the urgency and the limits of institutional change in the innovation policy domain.

Open Standards and Open Source: Characterisation and Typologies

Open standards and open source have become essential for ICT markets from an innovation, business, technical, and policy approach. Openness is one of the core values in standardisation settings. When it comes to the definition of ‘open’, some views have pointed to a ‘clear-cut’ division between open and close standards. Rather than a pure binary approach this paper holds that the openness of a standard is a matter of degree, and moreover, that openness should be referred to three different dimensions: innovation; standardisation and intellectual property exploitation. This paper sets a taxonomy of the different existing typologies of ICT standards and aims to evaluate their degree of openness in each of these dimensions. The main objective is to propose a framework for assessing the openness of ICT standards - which might be useful to understand and analyse the competitive and innovative dynamics of each type of open standards.

Recalibrating the Disgorgement Remedy in Intellectual Property Cases

The five major US intellectual property (IP) regimes — trademark, trade secrecy, copyright, design patent, and utility patent laws — have quite different rules about the availability of disgorgement of infringer profits as a remedy. Traditional principles of restitution and unjust enrichment support awards of disgorgement of profits insofar as they are (1) levied against conscious wrongdoers, (2) attributable to the wrongful conduct, and (3) subject to equitable discretion. Unlike awards of actual damages, which aim primarily to compensate plaintiffs for harms suffered because of a defendant’s wrongdoing, disgorgement awards primarily seek to deter wrongdoing by ensuring that wrongdoers do not profit thereby. This Article presents a formal model that supports our judgment that these principles are consistent with the goal of optimal deterrence of IP infringement. Much of the Article presents a close study of the doctrinal structure of the five IP regimes’ approach to disgorgement. We find that trademark law is the most consistent of the five regimes with traditional restitutionary principles and the goal of optimal deterrence. Trade secrecy law, like trademark law, is substantially consistent. Design patent, copyright, and patent laws deviate in more significant ways. Disgorgement awards are always available to owners of copyrights or design patents, even against innocent infringers. Moreover, design patent law even deviates from traditional approaches to restricting awards to amounts attributable to infringement: instead, design patent law requires awards of total profits on the manufacture or sale of whatever “article of manufacture” to which an infringing design has been applied. Further, courts have thus far rarely recognized that disgorgement awards should be subject to equitable adjustments in copyright and design patent cases, although this may change after the Supreme Court’s characterization of disgorgement as an equitable remedy for copyright infringement. Patent law deviates from traditional restitutionary principles in a very different way: courts have ruled that Congress repealed disgorgement as a remedy for utility patent infringement in 1946, but patent law’s reasonable royalty awards can, in effect, effect a partial disgorgement of infringer profits. The Article makes recommendations about how courts can, within the statutory bounds of each IP regime, render disgorgement awards that are more consistent with traditional restitutionary principles in a manner that will promote the overall goals of the IP laws.

The Fate of a Trademark License in the Case of Bankruptcy of the Licensor – The U.S. Supreme Court Decision Mission Product Holdings Inc. v Tempnology, LLC in the Light of German Law & Practice

The exploitation of intellectual property as valuable assets has become increasingly important over recent decades. At the same time the legal situation in Germany has grown more and more opaque. The protection of intangible goods in the context of insolvency scenarios has become more complex, although licenses for passing on the rights of use have become more present in the market. Although the number of corporate insolvencies has continuously and steadily declined for the past years, bankruptcy of companies is still not uncommon – a total of 19,302 companies filed for bankruptcy in Germany in 2018.1 The treatment of trademark licenses as well as of licenses in general under bankruptcy law is subject of extensive discussions in literature and case law. In particular, bankruptcy of the licensor endangers the existence of the license agreement and creates a difficult situation for the licensees, since they are often economically dependent on the licensor and the use of the licensed IP rights. This is particularly true for smaller and mid-sized companies.

Creative economy as a tool of competitiveness

Creativity is a fundamental manifestation of human existence and is present in every human being in different forms. The creative economy is a natural environment for innovative ideas, development and exploitation of creative potential. Over the last two decades, it has been observed that creativity is gradually becoming a driving force for economies, and as a result the importance of creative industries is also increasing. The creative industry is increasingly becoming part of EU documents and policies. The governments of the creative countries gradually introduced the concept of the creative industry, the creative class and the creative city and their importance. The creative industry refers to those parts of the economy that create economic value on the basis of individual creative input or artistic talent. It is a sector based on the exploitation of intellectual property. The aim of this work is to briefly map the concept of creative economy and its measurement in the work of foreign and Slovak authors and describe the possible potential of this industry.