The Role of the Territoriality Principle in Modern Intellectual Property Regimes: Institutional Lessons from Japan

2010 ◽  
Author(s):  
Paulius Jurcys
Keyword(s):  
Intellectual Property ◽  
Property Regimes

scholarly journals Appropriation under Low Intellectual Property Regimes: The Role of Communities in the Online Alternative Adult Entertainment Industry1

2018 ◽  
Vol 21 (3) ◽  
pp. 71-80
Author(s):  
Kim-Marlène LE ◽  
Julien PÉNIN
Keyword(s):  
Intellectual Property ◽  
Sunk Costs ◽  
Entertainment Industry ◽  
Online Pornography ◽  
User Communities ◽  
Production And Distribution ◽  
The Creation ◽  
Property Regimes ◽  
Property Regime

The online adult entertainment industry, as Darling (2014) showed, is a new case of low intellectual property regime, i.e. largely inefficient in preventing the massive copying of content. In this paper, we focus on alternative pornography and explore the mechanisms which contribute to the creation of pornographic content. We argue that user communities help content providers to absorb sunk costs associated with content production and distribution. Our main conclusion is that, although user communities cannot solve alone the incentive failure in online pornography, they complement and reinforce strategies which enable content producers to earn revenues from vulnerable copyrighted works.

scholarly journals The Role of Patent Law in Knowledge Codification

2016 ◽  
Author(s):  
Dan Burk
Keyword(s):  
Intellectual Property ◽  
Tacit Knowledge ◽  
Knowledge Production ◽  
Patent Law ◽  
Codified Knowledge ◽  
Know How ◽  
Knowledge Codification ◽  
Prior Art ◽  
Property Regimes

Recent studies of knowledge production have increasingly recognized the role of codified knowledge in the operation of social organizations. But the literature on knowledge production has to date recognized only in passing the role of intellectual property in this process. This paper applies the insights of knowledge production to the features of intellectual property regimes, both to flesh out the analysis of tacit knowledge codification, and to illuminate the role of intellectual property in the firm. Patents, for example, constitute an explicitly codified form of technical knowledge, providing a stable common code for technical know-how, partially ameliorating the risks associated with loss of tacit knowledge. Codification through the patent system also provides important stability to attendant tacit knowledge. Patent doctrines regarding prior art, interference practice, and infringement all address the balance of tacit and codified knowledge. By functioning as a codification mechanism, patents may facilitate employee movement and entrepreneurial business spin-offs. Thus, aside from the usual justifications for patents in terms of incentive or disclosure, patenting may help to secure knowledge against loss or dissipation.

Economic and Legal Support for Commercialization of Intellectual Property in Russia

2003 ◽  
pp. 66-76
Author(s):  
I. Dezhina ◽  
I. Leonov
Keyword(s):  
Intellectual Property ◽  
The State ◽  
Commercial Application ◽  
The West ◽  
Role Of The State ◽  
Legal Context

The article is devoted to the analysis of the changes in economic and legal context for commercial application of intellectual property created under federal budgetary financing. Special attention is given to the role of the state and to comparison of key elements of mechanisms for commercial application of intellectual property that are currently under implementation in Russia and in the West. A number of practical suggestions are presented aimed at improving government stimuli to commercialization of intellectual property created at budgetary expense.

From Market Access to Cumulative Innovation

2017 ◽  
Author(s):  
Adrian Kuenzler
Keyword(s):  
Intellectual Property ◽  
Market Access ◽  
Step Test ◽  
Property Law ◽  
Intellectual Property Law ◽  
Rights Protection ◽  
Intellectual Property Rights Protection ◽  
Property Rights Protection ◽  
Production Output

This chapter argues for a reinvigorated role of the market access doctrine and references a number of important antitrust and intellectual property law decisions in which courts have given priority to market access. It finds a novel function for market access to play within antitrust and intellectual property law liability: courts that grant plaintiffs access to a defendant’s production output should refer to a three-step test under which they inquire (1) whether the inventor, through first-mover advantages, has reaped a sufficient reward such that contractual or intellectual property rights protection would no longer be required to facilitate innovation, (2) whether competitors were able to challenge the proprietary platform’s position in the market without the possibility of granting access, and (3) whether competitors seeking to benefit from market access will make use of it to facilitate the introduction of new goods rather than merely to copy the initial invention.

Intellectual Property Rights and Access to Energy Services in Africa

2018 ◽  
Author(s):  
Professor Adebambo Adewopo ◽  
Dr Tobias Schonwetter ◽  
Helen Chuma-Okoro
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Energy Access ◽  
African Countries ◽  
Energy Services ◽  
Proper Role ◽  
The Law

This chapter examines the proper role of intellectual property rights (IPRs) in achieving access to modern energy services in Africa as part of a broader objective of a pro-development intellectual property agenda for African countries. It discusses the role of intellectual property rights, particularly patents, in consonance with pertinent development questions in Africa connected with the implementation of intellectual property standards, which do not wholly assume that innovation in Africa is dependent on strong intellectual property systems. The chapter examines how existing intellectual property legal landscapes in Africa enhance or impede access to modern energy, and how the law can be directed towards improved energy access in African countries. While suggesting that IPRs could serve an important role in achieving modern energy access, the chapter calls for circumspection in applying IP laws in order not to inhibit access to useful technologies for achieving access to modern energy services.

General Principles for Integration

2017 ◽  
Author(s):  
Henning Grosse Ruse-Khan
Keyword(s):  
Conflict Resolution ◽  
Intellectual Property ◽  
World Trade ◽  
Dispute Settlement ◽  
World Trade Organisation ◽  
Resolution Function ◽  
Wto Dispute Settlement ◽  
History Of ◽  
Prior Analysis

This chapter reviews the broader principles in the international intellectual property (IP) system that fulfil an indirect integration or conflict resolution function, with a focus on those emanating from and applicable to the Trade Related Aspects of International Property Rights (TRIPS) Agreement. In focusing on Articles 7 and 8 of TRIPS, the chapter builds on prior analysis about the role of these provisions in establishing an agreed, common object and purpose of the principal global IP treaty with relevance beyond TRIPS. In light of the origins and negotiation history of Articles 7 and 8 TRIPS, the chapter shows how these provisions can be applied to integrate ‘external’ objectives and interests via interpretation and implementation. Next, this chapter reviews their very poor record of application in the first twenty years of World Trade Organisation (WTO) dispute settlement. It concludes with suggestions for an appropriate recognition of external norms, objectives, and interests via Articles 7 and 8.

scholarly journals Sustainability transitions in manufacturing: the role of intellectual property

2021 ◽  
Vol 49 ◽  
pp. 118-126
Author(s):  
Elisabeth Eppinger ◽  
Akriti Jain ◽  
Pratheeba Vimalnath ◽  
Anjula Gurtoo ◽  
Frank Tietze ◽  
...  
Keyword(s):  
Intellectual Property ◽  
Sustainability Transitions
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