Ownership Of Intellectual Property Rights Research Articles

PERJANJIAN WARALABA DALAM PERSPEKTIF BISNIS SYARI`AH

Intellectual property rights as the crystallization of someone's hard work in discoveries, literary and artistic works, the images of extraordinary value as a result of the development of science and technology. The franchise system contains an abstract wealth that has high economic value such as, images or good name (good will) that is required in the business world as an effort to seize the market share that plays a very big role. In relation to the amount of rewards received by the Franchise or as the owner of intellectual property rights, to be reviewed in the next Sharia’s perspective.

Public Health Regulation: The Impact of Intersections between Trade & Investment Treaties in Asia

There has been an explosive growth of free trade agreements (FTAs) in recent years. The World Trade Report 2011 of the World Trade Organization (WTO) shows Asian members to be among the most active in signing preferential trade agreements. This unprecedented growth has attracted much academic and policy discussion on aspects such as their effects on trade liberalization, problems raised by specific trade and investment provisions, dispute settlement, and concerns over “regionalism”. Like such areas, public health regulation has been significantly affected by such treaties. FTAs, together with bilateral investment treaties (BITs), are rapidly forming a source of intersecting state obligations that have an impact on the regulation of public health and related intellectual property rights (IPRs) (such as in patents for pharmaceuticals) in Asian states. The impact is wide-ranging and profound, affecting access to medicines, rights and obligations of IPR owners and enforcers, rights of investors (such as producers of pharmaceutical and tobacco products), and the relationship between these agreements and other health-related treaties. An examination of specific issues and claims (potential and actual) in the area of public health is needed to better appreciate the impact of such obligations. This discussion raises the following questions: - How do intersecting aspects of FTAs and BITs affect public health regulation in Asia? - Have the flexibilities that exist in WTO affecting health regulation been significantly reduced by recent FTAs and/or BITs signed by Asian states? - The role of treaty exceptions in recent Asian FTAs and BITs in safeguarding regulatory discretion in public health. This paper will examine the issues and examples of recent provisions critically from an Asian perspective, to provide a springboard for further discourse in this important area.

APPLICATION OF NATURAL LAW THEORY (THE NATURAL RIGHT) TO PROTECT THE INTELLECTUAL PROPERTY

<p align="center"><strong>ABSTRACT</strong></p><p>The theory of natural law is usually used as a moral and philosophical foundation in order to protect the individuals property rights of Intellectual Property (IP). Philosophically, the protection of Intellectual Property Rights (IPR) can not be separated from the dominant thought that emphasizes the doctrine of natural human factors research. This study is legal research by using law and historical approach. The analysis of primary data is qualitatively through internal valuing to obtain a complete understanding (verstehen), while the secondary data such as law material is analyzed using hermeneutics (interpretation), content analysis and deductive method. The result shows that in respect of the development of the theory of natural law, there are four dominant theory of natural law to examine IP namely utilitarian theory, labor theory, personality theory, and social-planning theories. Moral doctrine which is based on natural law was adopted by the IPR regime to protect the individual owners of IPRs in order to that rights would not be violated by others. The natural law theory (the natural right) is still relevant to be used as a moral and philosophical foundation for the protection of IPR, as an individual property rights.</p><p><strong>Keywords</strong>: Intellectual Property, Intellectual Property Rights, traditional cultural expression, Protection</p>

Access, ethics and piracy

Ownership of intellectual property rights for a large proportion of the scholarly record is held by publishers, so a majority of journal articles are behind paywalls and unavailable to most people. As a result some readers are encouraged to use pirate websites such as Sci-Hub to access them, a practice that is alternately regarded as criminal and unethical or as a justified act of civil disobedience. This article considers both the efficacy and ethics of piracy, placing ‘guerrilla open access’ within a longer history of piracy and access to knowledge. By doing so, it is shown that piracy is an inevitable part of the intellectual landscape that can render the current intellectual property regime irrelevant. If we wish to actively construct a true scholarly commons, open access emerges as a contender for moving beyond proprietary forms of commodifying scholarly knowledge towards the creation of an open scholarly communication system that is fit for purpose.

Some Bad News Is Good News for Foreign Investors: The Case of Intellectual Property Rights Infringement in China

AbstractDespite China's attractiveness to foreign investors, intellectual property rights (IPR) protection in China has not caught up with international standards. This research aims to quantify the relationships between IPR violations, government effectiveness, and foreign direct investment (FDI) inflows in the context of China. Our econometric modeling and estimation based on provincial level data over 2002‐2012 show that in an early development stage of law and regulatory enforcement, the bad news of a rising number of IPR dispute cases signals the good news of an improvement in law and regulatory enforcement, which encourages IPR owners to raise legal cases. By contrast, in the later development stage, when law and regulatory enforcement has become much more effective, the bad news of a rising number of IPR disputes manifests itself as very bad news. Furthermore, this study confirms that FDI inflows enhance IPR protection through improving government effectiveness, and government effectiveness is one of the key factors promoting FDIs. © 2016 Wiley Periodicals, Inc.

HARMONISASI PRINSIP-PRINSIP TRIPS AGREEMENT DALAM HAK KEKAYAAN INTELEKTUAL DENGAN KEPENTINGAN NASIONAL

The research aims to find a legal politics of harmonization the Intellectual Property Rights (IPR) of Indonesia with WTO/TRIPs agreement. Based on the juridical approach of secondary data, it was concluded that there is a harmonization between legal arrangements of IPR with the WTO/TRIPs agreement. The reason given by the government is because Indonesia has ratified the WTO/TRIPs agreement, and it is 'full complience' and 'non-reservation', and due to the insistence of developed countries of IPR owners against Indonesia and the needs of national IPRs. There is no courage to create legal politics of our own IPR, which is derived from the philosophy of Pancasila, 1945 Constitution and national interests. Fear of the threat of developed countries must be resisted and overcome by intelligence. Keywords: Trips Agreement, Intellectual Property Rights , National Interest

Individual versus Institutional Ownership of University-Discovered Inventions

We examine how the ownership of intellectual property rights influences patenting of university-discovered inventions. In 2002, Germany transferred patent rights from faculty members to their universities. To identify the effect on the volume of patenting, we exploit the researcher-level exogeneity of the 2002 policy change using a novel researcher-level panel database that includes a control group not affected by the law change. For professors who had existing industry connections, the policy decreased patenting, but for those without prior industry connections, it increased patenting. Overall, fewer university inventions were patented following the shift from inventor to institutional ownership.

Geoblocking and the Legality of Circumvention

Geoblocking - the limiting of access to digital content based on the user’s geographical location - is one of the most prevalent contemporary iterations of Digital Rights Management (DRM). It presumably operates under the logic that for reasons legal (intellectual property rights ownership), economic (an attempt to maximize profit by licensing content separately to different regions) or both, it is better to limit access to content by region. This paper examines the uses and consequences of geoblocking in order to determine whether or not the legal and economic justifications hold water. Space is also devoted to region-coded DVDs, which operated under a similar logic and are by now virtually extinct, due in large part to technological circumvention of the system. Similarly, geoblocking has spawned a cottage industry designed to bypass it, and may actually encourage piracy of content available freely in other parts of the world.

Individual Versus Institutional Ownership of University-Discovered Inventions

We examine how the ownership of intellectual property rights influences patenting of university-discovered inventions. In 2002, Germany transferred patent rights from faculty members to their universities. To identify the effect on the volume of patenting, we exploit the researcher-level exogeneity of the 2002 policy change using a novel researcher-level panel database that includes a control group not affected by the law change. For professors who had existing industry connections, the policy decreased patenting, but for those without prior industry connections, it increased patenting. Overall, fewer university inventions were patented following the shift from inventor to institutional ownership.

INNOVATION POLICY FEATURES IN THE OECD COUNTRIES

The purpose of the paper is to analyze the innovation policy features in the OECD countries and give the basic framework which defines rights and obligations of intellectual property rights (IPRs) owners. Governments play an important role in determining demand-side policies, such as smart regulations, standards, consumer education, taxation and public procurement that can affect innovation. Because demand linked to supply, policies that affect both need to be better harnessed to drive long-term innovation and sustainable growth. Policies to stimulate innovation require taking account of changes in the international economy and the transformation of innovation processes. To transform invention into innovation requires a range of activities. Innovation now encompasses much more than research and development (RD stable economic conditions and low interest rates which encourage the growth of inno vation activity by creating a low-cost environment for investment in innovation; availability of internal and external finance. Practical implication. It is given the basic legal framework which defines rights and obligations of IPR owners: reviewing exemptions to copyright in the light of the internet’s different uses; clarifying exemptions for research use; promoting an active and open commercialization policy for universities; encouraging the commercialization and monetization of IPR: for example draft licensing contracts, valuation standards; standards: encouraging pooling mechanisms, platforms etc.; accelerating patent processing while preserving quality. Value/originality. Received conclusions will help to understand the innovation policy features in the OECD countries what gives an opportunity to use their experience in Ukraine.

The additive manufacturing revolution and the corresponding legal landscape

Additive manufacturing or three-dimensional (3D) printing is rapidly becoming a viable production method, advancing from its origins as a ‘rapid-prototyping’ technology. However, advances in 3D printing technology indicate that 3D printing machines will proliferate in corporate manufacturing and the homes of consumers. Moreover, the advent of bioprinting could potentially transform regenerative medicine.3D printing presents unique challenges to the owners of intellectual property rights. Rather than purchasing objects through a company or manufacturer, an entity or individual may simply download blueprints to print product components. An infringer may well be the consumer with no clear third party to hold responsible for inducing the infringement. Such infringement, if widespread and unchecked, may undermine investment in research and development, in turn leading to innovative stagnation.This article presents the quandary accompanying the additive manufacturing revolution, the corresponding legal developments in its wake, and various approaches to protect innovation in today's changing landscape.

Who Owns the Intellectual Property Rights to Chinese Genetically Modified Rice? Evidence from Patent Portfolio Analysis.

Who Owns the Intellectual Property Rights to Chinese Genetically Modified Rice? Evidence from Patent Portfolio Analysis.

WHO COOPERATES IN STANDARDS CONSORTIA--RIVALS OR COMPLEMENTORS?

Formal standard development is increasingly supplemented by standards consortia: informal and less inclusive alliances, in which firms coordinate standard-related research and development (“R&D”) and streamline standard development. In order to cast light on the economic function of these consortia, this article provides empirical evidence on the standards related to informal consortia, and on the R&D contributions of members and outsiders. We find that standards related to consortia are characterized by a more fragmented ownership of intellectual property rights (“IPR”) and a strong degree of technological rivalry. We also find that among the firms contributing to a standard, technological specialists are less likely to be member of a consortium. Companies are more likely to be members of the same consortium with companies specializing in R&D that is substitutable rather than complementary to their own patent portfolio. One possible interpretation of these findings is that a main benefit of standards consortia is to reduce the cost of standard development by eliminating wasteful R&D duplication and settling conflicts of interest upfront to formal standardization.

Creation of Software Within the Academic Context: Knowledge Transfer, Intellectual Property Rights and Licences

Using the method of comparative analysis, this paper explores different legal issues related to software management within universities. It is organized in two sections. The first section will deal with the crucial issue of ownership of intellectual property rights in copyrights and patents, outlining the discussion with reference to the specific objective of this review. The regulatory framework in this field, which is often opaque due to the different regulations that characterize the diverse forms of intellectual property rights, is made even more incomprehensible by providing different legal regimes according to the status of the person who has carried out the research (professors, lecturers, fellows, graduate students, etc.). The second section provides an explanation of the role that contract law, and specifically licensing, has in the exploitation of software. Finally, considerations of a general nature will be developed and some operational solutions proposed, primarily aimed at emphasizing the importance of a systematic approach to the transfer of knowledge in a university environment.

Is the commercialization of European academic R&D weak?—A critical assessment of a dominant belief and associated policy responses

There is a widespread belief that EU underperforms in the commercialization of publicly funded research and that the appropriate policy response is to transfer the ownership of intellectual property rights to Universities. This paper assesses the validity of these twin beliefs. In addressing the first, we limit ourselves to Sweden which still retains its “Teacher's Exemption” model. In spite of confident statements made in the literature and by Government, we provide evidence to the contrary, i.e. that Swedish academia performs well in terms of commercialization. We also have doubts about the usefulness of the medicine prescribed to cure the alleged problem. Largely drawing on US literature, we argue that the medicine risks harming strong university–industry networks, biasing technical change, reducing entrepreneurial activity and generating costs to Universities which may be detrimental to technology transfer. In conclusion, we seriously question the validity of both beliefs.

Management Insights

Management Insights

Unfulfilled farmer expectations: the case of the Insect Resistant Maize for Africa (IRMA) project in Kenya

Maize is the most important staple food in Kenya; any reduction in production and yield therefore often becomes a national food security concern. To address the challenge posed by the maize stem borer, the Insect Resistant Maize for Africa (IRMA) agricultural biotechnology public-private partnership (PPP) project was launched in 1999. There were, however, pre-existing concerns regarding the use of genetic engineering in crop production and skepticism about private sector involvement. The purpose of this case study was to understand the role of trust in the IRMA partnership by identifying the challenges to, and practices for, building trust in the project. Data were collected by conducting face-to-face, semi-structured interviews; reviewing publicly available project documents; and direct observations. The data were analyzed to generate recurring and emergent themes on how trust is understood and built among the partners in the IRMA project and between the project and the community. Clear and continued communication with stakeholders is of paramount importance to building trust, especially regarding competition among partners about project management positions; a lack of clarity on ownership of intellectual property rights (IPRs); and the influence of anti-genetic modification (GM) organizations. Awareness creation about IRMA’s anticipated products raised the end users’ expectations, which were unfulfilled due to failure to deliver Bacillus thuringiensis (Bt)-based products, thereby leading to diminished trust between the project and the community. Four key issues have been identified from the results of the study. First, the inability to deliver the intended products to the end user diminished stakeholders’ trust and interest in the project. Second, full and honest disclosure of information by partners when entering into project agreements is crucial to ensuring progress in a project. Third, engaging stakeholders and creating awareness immediately at the project’s inception contributes to trust building. Fourth, public sector goodwill combined with private sector technology and skills are necessary for a successful partnership. These findings may serve as a useful guide for building and fostering trust among partners in other agbiotech PPPs in sub-Saharan Africa.

Appropriability Mechanisms and the Platform Partnership Decision: Evidence from Enterprise Software

We examine whether ownership of intellectual property rights (IPR) or downstream capabilities is effective in encouraging entry into markets complementary to a proprietary platform by preventing the platform owner from expropriating rents from start-ups. We study this question in the context of the software industry, an environment where evidence of the efficacy of IPR as a mechanism to appropriate the returns from innovation has been mixed. Entry, in our context, is measured by an independent software vendor's (ISV's) decision to become certified by a platform owner and produce applications compatible with the platform. We find that ISVs with a greater stock of formal IPR (such as patents and copyrights), and those with stronger downstream capabilities (as measured by trademarks and consulting services) are more likely to join the platform, suggesting that these mechanisms are effective in protecting ISVs from the threat of expropriation. We also find that the effects of IPR on the likelihood of partnership are greater when an ISV has weak downstream capabilities or when the threat of imitation is greater, such as when the markets served by the ISV are growing quickly.This paper was accepted by Gérard P. Cachon, information systems.

Consumer Decision Model of Intelectual Property Theft in Emerging Markets

The increasing importance of digital piracy has prompted research on the behavioural and economics origins of illegal downloading activities. This research focuses on the potential impact of various economic, psychological and social factors on the consumer decision whether to buy or to steal music in emerging markets. These markets present specific difficulties for owners of intellectual property rights due to the high level of both downloading and ‘sharing’ of digital property. Results indicate impacts of price, downloaded music quality, ease of Internet use, attitudes toward music industry and ethical perception of music downloading on consumer purchase or pirate decision.

The Development of Property Rights for Intellectual Property

This article analyzes the development of property rights (PR) for intellectual property (IP). There is a fundamental tension between competition policy and IP. IP rights confer a certain degree of monopoly power on the owner of IP rights. Some authors found that there are too many patents in Biotechnological or Internet industry. The regulation of intellectual property has expanded dramatically in many countries in recent years and competition authorities are increasingly asking for methodological help in determining the duration and scope of patents. The issue has taken on an increased importance and visibility in the wake of the numerous high profile court cases in the pharmaceutical and internet industry. This paper analyzes a model of PR development for IP. We consider an environment where two agents (researchers) decide whether to determine the allocation of PR or work without establishment of property rights. Both agents may be involved both in research and "political" fight for intellectual property. PR can improve the incentive of one party and worsen the incentive of another party. The main results are: 1) PR do not always emerge and; 2) their emergence is more probable when the more productive party has poor political skills.