scholarly journals Seed Industry in India: Issues Arising from GATT

1995 ◽  
Vol 20 (4) ◽  
pp. 21-41
Author(s):  
Rakesh Basant
Keyword(s):  
Economic Policy ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Current Debate ◽  
New Economic Policy ◽  
Seed Industry ◽  
The Government ◽  
The Impact

Any analysis of the Intellectual Property Rights relating to the seed industry in India needs to take cognizance of three interrelated issues: (a) that the current debate on IPR is part of a larger debate on issues relating to GATT; (b) that the options on IPR are intricately linked to the New Economic Policy and the accompanying liberalization process; and (c) that the IPR relating to plant varieties need to be seen in a broader framework of the seed policy pursued by the government. In this background, this paper by Rakesh Basant reviews the available literature and data to explore the impact of IPR on the seed industry in India.

scholarly journals Impact of Sino-US Trade Agreement on Chinese Legal System about Intellectual Property Rights

2020 ◽  
Vol 4 (2) ◽  
pp. 16
Author(s):  
Liu Ting
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal System ◽  
Trade Agreement ◽  
The United States ◽  
Wide Field ◽  
The Government ◽  
Future Revision ◽  
The Impact

On January 15, 2020, the representatives of Sino-US trade signed Phase I Economic and Trade Agreement Between the Government of the People’s Republic of China and the Government of the United States of America in Washington, which symbolizes the temporary settlement of two-year Sino-US trade war in relatively peaceful method and lays a good foundation in mutual trust for subsequent Phase II negotiation. This Agreement includes eight chapters involving Sino-US economic and trade and is called the model of the international bilateral agreement by virtue of its wide field and rigorous details. The impact of clauses about intellectual property rights on China’s current legal system and the future revision direction of China’s relevant laws for conformance with the Agreement will be discussed emphatically so that the author can rapidly understand the impact and significance of Sino-US trade agreement to Chinese law.

scholarly journals Localization Investment and Opportunities for Legalization of Parallel Import in Russia

2019 ◽  
Vol 14 (1) ◽  
pp. 54-75
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Capital Investment ◽  
Significant Proportion ◽  
Capital Investments ◽  
Parallel Import ◽  
The Government ◽  
Production Capacities ◽  
The Impact

In this paper, we present an analysis of foreign trademark-owning companies’ capital investment in localization in the territory of Russia under the conditions of national (regional) exhaustion of intellectual property rights. The purpose of this research is to estimate the impact of the choice of the regime of right exhaustion on the decision on localization in Russia, as well as the structure of production assets of trademark owners in Russia. Data for analysis contains trademark owners’ production capacities and investments in the territory of Russia for the period from 1991 to 2016. We present an estimate of the volume of trademark owners’ localization on the territory of Russia by sector, territory and time of capital investments. The paper shows that investments in production by trademark owners are not correlated to the ban on parallel import and are more likely explained by other factors than the introduction of national exhaustion of intellectual property rights. Also, upon comparison of data on the volumes of localization of trademark owners and import statistics for protected trademarks, it was revealed that a significant proportion of trademark owners, which gain a benefit from the ban of parallel import, did not invest in production in Russia. The research results are useful for the government intellectual property policy, especially, in deciding on parallel import legalization and developing measures for the transition to international exhaustion of intellectual property rights.

PERLINDUNGAN HAK KEKAYAAN INTELEKTUAL TERHADAP INDUSTRI KREATIF DALAM MENINGKATKAN INDUSTRI PARIWISATA BERBASIS BUDAYA LOKAL

2019 ◽  
Vol 3 (1) ◽  
pp. 88
Author(s):  
Ganefi Ganefi
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Public Awareness ◽  
Creative Industry ◽  
Registration Process ◽  
State Revenue ◽  
Strategic Role ◽  
Long Time ◽  
The Government

AbstractThe creative industry as one of the pillars of the future economy has a very strategic role in overcoming the problems faced by the community along with the government, especially in the field of employment, business fields, and as a source of state revenue (GDP). Therefore, creative industry entrepreneurs must be protected by their intellectual rights so that all copyrighted works are legally protected by their existence and not arbitrarily anyone can steal, trade, multiply without the permission of the owner. However apparently only 17% of the 16.7 million creative industry players registered the results of their creativity. This shows that the protection of Intellectual Property Rights towards the creative industry is still very weak due to several factors, namely; Lack of public awareness / creative industry players to register their creativity businesses; Lack / lack of understanding of the community / industry players regarding the protection of Intellectual Property Rights (IPR); The presumption of some people / creative industry players for the management of registration of Intellectual Property Rights requires quite a large fee; The registration process takes a long time and is complicated. AbstrakIndustri kreatif sebagai salah satu pilar ekonomi masa depan memiliki peran yang sangat strategis dalam mengatasi masalah-masalah yang dihadapi oleh masyarakat bersama pemerintah, terutama di bidang ketenagakerjaan, bidang usaha, dan sebagai sumber penerimaan negara (PDB) . Oleh karena itu, pengusaha industri kreatif harus dilindungi oleh hak intelektual mereka sehingga semua karya cipta dilindungi secara hukum oleh keberadaan mereka dan tidak sewenang-wenang siapa pun dapat mencuri, berdagang, berkembang biak tanpa izin dari pemiliknya. Namun ternyata hanya 17% dari 16,7 juta pelaku industri kreatif yang mendaftarkan hasil kreativitas mereka. Ini menunjukkan bahwa perlindungan Hak Kekayaan Intelektual terhadap industri kreatif masih sangat lemah karena beberapa faktor, yaitu; Kurangnya kesadaran publik / pelaku industri kreatif untuk mendaftarkan bisnis kreativitas mereka; Kurangnya / kurangnya pemahaman tentang komunitas / pemain industri mengenai perlindungan Hak Kekayaan Intelektual (HKI); Anggapan sebagian orang / pelaku industri kreatif untuk pengelolaan pendaftaran Hak Kekayaan Intelektual membutuhkan biaya yang cukup besar; Proses pendaftaran memakan waktu lama dan rumit.

Islamic Finance as a Vehicle to Promote Improved Intellectual Property Rights in the Gulf Cooperation Council

2020 ◽  
Vol 13 (2) ◽  
pp. 407-442
Author(s):  
Nadia Naim
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Integrated Approach ◽  
Gulf Cooperation Council ◽  
Intellectual Property Protection ◽  
Islamic Finance ◽  
Growth Sector ◽  
The Individual ◽  
The Impact

AbstractThe purpose of this article is to assess how Islamic finance can act as a vehicle to enhance the current intellectual property rights regime in the Gulf Cooperation Council (GCC). Islamic finance has developed within the constraints of sharia law and has been a growth sector for the GCC. This article will identify the main principles of Islamic finance that contribute to the success of Islamic finance, which can enhance intellectual property protection in the GCC. The main sharia-compliant areas to be considered are musharaka, mudaraba, murabaha, takaful, istisna, ijara, salam and sukuk. The article will outline the founding principles of Islamic finance, the governance of sharia boards, development of Islamic finance in the individual GCC states, different frameworks of sharia-compliant investment products and the impact of intellectual property rights on the varying Islamic finance investment tools. Furthermore, the article will discuss an integrated approach to intellectual property rights which learns lessons from the Islamic finance sector in relation to infrastructure, regulation and sharia compliance. The lessons learnt from Islamic finance will inform the overall framework of recommendations for an Islamic intellectual property model. The use of Islamic finance as a vehicle to promote better intellectual property rights in terms of defining a new intellectual property approach is novel. It is aimed at spearheading further research in this area, and it will form a part of the overall integrated approach proposals to intellectual property protection in the GCC and beyond.

Foreign Direct Investment, Intellectual Property Rights, and Productivity Growth

2014 ◽  
Vol 05 (03) ◽  
pp. 1440009
Author(s):  
Sasatra Sudsawasd ◽  
Santi Chaisrisawatsuk
Keyword(s):  
Foreign Direct Investment ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Productivity Growth ◽  
Direct Investment ◽  
Developed Countries ◽  
Outward Fdi ◽  
The Impact ◽  
Ipr Protection

Using panel data for 57 countries over the period of 1995–2012, this paper investigates the impact of intellectual property rights (IPR) processes on productivity growth. The IPR processes are decomposed into three stages — innovation process, commercialization process, and protection process. The paper finds that better IPR protection is directly associated with productivity improvements only in developed economies. In addition, the contribution of IPR processes on growth through foreign direct investment (FDI) appears to be quite limited. Only inward FDI in developed countries which creates better innovative capability leads to higher growth. In connection with outward FDI, only the increase in IPR protection and commercialization are proven to improve productivity in the case of developing countries, particularly when the country acts as the investing country.

scholarly journals Does intellectual property rights protection affect UK and US outward FDI and earnings from FDI? A sectoral analysis

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Glauco De Vita ◽  
Constantinos Alexiou ◽  
Emmanouil Trachanas ◽  
Yun Luo
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Economic Activity ◽  
Outward Fdi ◽  
Content Type ◽  
Intellectual Property Rights Protection ◽  
The Us ◽  
Disaggregated Data ◽  
The Impact

PurposeDespite decades of research, the relationship between intellectual property rights (IPRs) and foreign direct investment (FDI) remains ambiguous. Using a recently developed patent enforcement index (along with a broader IPR index) and a large sectoral country-to-country FDI dataset, the authors revisit the FDI-IPR relationship by testing the impact of IPRs on UK and US outward FDI (OFDI) flows as well as earnings from outward FDI (EOFDI).Design/methodology/approachThe authors use disaggregated data for up to 9 distinct sectors of economic activity from both the US and UK for OFDI flows and EOFDI, for a panel of up to 42 developed and developing countries over sample periods from 1998 to 2015. The authors employ a panel fixed effects (FE) approach that allows exploiting the longitudinal properties of the data using Driscoll and Kraay's (1998) nonparametric covariance matrix estimator.FindingsThe authors do not find any consistent evidence in support of the hypothesis that countries' strength of IPR protection or enforcement affects inward FDI, or that sector of investment matters. The results prove robust to sensitivity checks that include an alternative broader measure of IPR strength, analyses across sub-samples disaggregated according to the strength of countries' IPRs as well as developing vs developed economies and an extended specification accounting for dynamic effects of the response of FDI to both previous investment levels and IPR (patent) protection.Originality/valueThe authors make use of the largest most granular sectoral country-to-country FDI dataset employed to date in the analysis of the FDI-IPR nexus with disaggregated data for OFDI and EOFDI across up to 9 distinct sectors of economic activity from both the US and UK The authors employ a more sophisticated measure of IPR strength, the patent index proposed by Papageorgiadis et al. (2014), which places emphasis on the effectiveness of enforcement practices as perceived by managers, together with the overall administrative effectiveness and efficiency of the national patent system.

scholarly journals PATENTS IN THE PRODUCTION PROCESS THAT ARE LAYING ON INVENTOR

2018 ◽  
Author(s):  
putri indah sari
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Production Process ◽  
Intellectual Property Rights ◽  
Secondary Data ◽  
Patent Law ◽  
Moral Rights ◽  
Not Given ◽  
Intellectual Work ◽  
The Government

The problems in this research are: (1) Is the patent in production can be provided to the workers / employees as a inventor? (2) How will the moral rights attached to the inventor to patent the intellectual work produced during the production process? This research uses normative juridical approach. Source of data derived from secondary data that primary legal materials, secondary, and tertiary. The results showed that patents in the production process is not given to the discoverer of workers / employees. The government needs to dissemination of the patents and other intellectual property rights so that a producer of intellectual work so that they know that the law protects what they produce. Governments also need to revise the provisions of Article 12 paragraph (1) Patent Law, where the rights of patent holders fixed on the inventor.

EXPLORING CHINESE DESIGN BUSINESS OWNERS’ ATTITUDES TOWARDS INTELLECTUAL PROPERTY RIGHTS

2019 ◽  
Vol 23 (06) ◽  
pp. 1950059
Author(s):  
QINGFENG WANG ◽  
XU SUN
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Economic Loss ◽  
Development Stage ◽  
Business Owners ◽  
Potential Factors ◽  
New Research ◽  
The Impact ◽  
Ipr Protection

As Intellectual Property (IP) protection can nurture innovation, and since innovation is one of the critical sources of economic growth, it has become especially important since China surpassed a certain economic development stage, because China now has a growing number of its own innovations which need to be protected. This paper describes the construction of a new research model with which to explore and examine the impact of potential factors on attitudes towards Intellectual Property Rights (IPR) in China in the context of the creative design industry. The findings of a quantitative study of Chinese design business owners reveal the significant roles of Confucianism, perceived economic loss and perceived effectiveness of IPR law enforcement in shaping their attitudes towards IPR. Our findings support the idea that promoting Confucianism can help to develop an internalised respect for IPR, while sizable penalties for IPR infringement can enhance the effectiveness of IPR protection.

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