Standard Setting, Intellectual Property Rights, and the Role of Antitrust in Regulating Incomplete Contracts

2014 ◽  
Author(s):  
Joanna Tsai ◽  
Joshua D. Wright
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Incomplete Contracts ◽  
Standard Setting

The role of institutions in mediating the use of intellectual property rights has long been neglected in debates over the economics of intellectual property. In a path-breaking work, Rob Merges studied what he calls "collective rights organizations, " industry groups that collect intellectual property rights from owners and license them as a package. Merges finds that these organizations ease some of the tensions created by strong intellectual property rights by allowing industries to bargain from a property rule into a liability rule. Collective rights organizations thus play a valuable role in facilitating transactions in intellectual property rights. There is another sort of organization that mediates between intellectual property owners and users, however. Standard-setting organizations (SS0s) regularly encounter situations in which one or more companies claim to own proprietary rights that cover a proposed industry standard. The industry cannot adopt the standard without the permission of the intellectual property owner (or owners). Given the importance of SSO rules governing intellectual property rights, there has been surprisingly little treatment of SSOs or their intellectual property rules in the legal literature. My aim in this article is to fill that void. To do so, I have surveyed the intellectual property policies qJ_ dozens of SS0s, primarily but not exclusively in the Antitrust, intellectual property and standard setting organizations

2002 ◽  
Author(s):  
M.A. Lemley
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Standard Setting ◽  
Liability Rule ◽  
Collective Rights ◽  
Industry Standard ◽  
Legal Literature ◽  
Property Owners

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.

scholarly journals IPR Law Protection and Enforcement and the Effect on Horizontal Productivity Spillovers from Inward FDI to Domestic Firms: A Meta-analysis

2021 ◽  
Author(s):  
Danai Christopoulou ◽  
Nikolaos Papageorgiadis ◽  
Chengang Wang ◽  
Georgios Magkonis
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Meta Analysis ◽  
Host Countries ◽  
Productivity Spillovers ◽  
Domestic Firms ◽  
The Relationship ◽  
Positive Effect

AbstractWe study the role of the strength of Intellectual Property Rights (IPR) law protection and enforcement in influencing horizontal productivity spillovers from inward FDI to domestic firms in host countries. While most WTO countries adopted strong IPR legislation due to exogenous pressure resulting from the signing of the Trade-Related Aspects of IPR (TRIPS) agreement, public IPR enforcement strength continues to vary significantly between countries. We meta-analyse 49 studies and find that public IPR enforcement strength has a direct positive effect on horizontal productivity spillovers from inward FDI to domestic firms and a negative moderating effect on the relationship between IPR law protection strength and horizontal productivity spillovers from inward FDI to domestic firms.

scholarly journals Management Problems in Global Crowdsourcing

2022 ◽  
Vol 30 (3) ◽  
pp. 1-15
Author(s):  
Zhijiang Liu ◽  
Tatyana Sakulyeva ◽  
Alexey Mikheev ◽  
Diana Stepanova
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Project Success ◽  
Information Leakage ◽  
Ethical Conduct ◽  
Predominant Role ◽  
Positive Correlation ◽  
Security Guarantees

The study aimed to develop recommendations for the optimization of settings in which the crowdsourcing project takes place. Findings show that crowdfunding projects are hybrid and include the elements of crowdsourcing, crowdsensing, crowdfunding, crowdworking, and crowdsourced recruitment. The predominant role of security guarantees was identified. It turned out that relations irreducible to a simple hierarchy pose many challenges. The results indicate that leading issues include the lack of financial guarantees and the likelihood of information leakage to competitors. Hence, the priority is to manage the exchange of money and information. An interesting finding demonstrates a positive correlation between project success, ethical conduct, and fair distribution of gains. The protection of intellectual property rights was no less important. As it was concluded in the course of analysis, the more successful the project, the more thoroughly it addresses the protection of someone else's intellectual property.

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