scholarly journals Do Cultural Differences Impact on Intellectual Property Protection in the United States and China?

2019 ◽  
Author(s):  
Meihua Chen ◽  
Tao Jin
Keyword(s):  
United States ◽  
Intellectual Property ◽  
Cultural Differences ◽  
Knowledge Economy ◽  
Cultural Influences ◽  
Core Competency ◽  
The United States ◽  
Trade Secret ◽  
Intellectual Property Protection ◽  
Knowledge Practices

In a knowledge economy, intellectual property is highly related to core competency of an organization. Without proper protection, the competitive advantage is vulnerable to imitation and counterfeiting. Intellectual property protection can be seen as information and knowledge activities that are taken to prevent trademark, patent, copyright, and trade secret infringement. Between the United States and China, there is an intense and enduring controversy on intellectual property protection. Many previous relevant studies on this issue adopted a legal and governance approach, rarely focusing on the effect of cultural differences on these information and knowledge practices. This paper reports the theoretical exploration portion of an on-going empirical research on the cultural influences that impact intellectual property protection in the two countries, aiming to draw some implications for the field of knowledge management.

What nanotech inventors need to know about trade secrets and the prior user rights defense

2014 ◽  
Vol 3 (6) ◽  
Author(s):  
Chinh H. Pham ◽  
Ross Spencer Garsson
Keyword(s):  
United States ◽  
Intellectual Property ◽  
The United States ◽  
Trade Secret ◽  
Trade Secrets ◽  
The World ◽  
New Challenges ◽  
The Many

AbstractThe America Invents Act (AIA) presents new challenges and strategy considerations for nanotechnology inventors and companies that seek to protect their intellectual property in the United States. Among the many notable changes, the AIA expands the “prior user rights” defense to infringement and broadens the classes of patents that are eligible for the new limited prior user rights defense. While this defense is limited in some instances, such as against universities, it could be invaluable in others, such as when a competitor independently discovers and patents the trade secret. In the world of nanotechnology, where inventions and products are increasingly complex, this protection can prove to be vitally important.

scholarly journals The Intellectual Property Chapter of the Trans-Pacific Partnership Agreement and Investment in Developing Nations

2017 ◽  
Author(s):  
Krista L. Cox
Keyword(s):  
United States ◽  
Developing Countries ◽  
Intellectual Property ◽  
The United States ◽  
Intellectual Property Protection ◽  
Middle Income ◽  
Middle Income Countries ◽  
Property System ◽  
Negative Impacts ◽  
Partnership Agreement

The United States has some of the highest standards of intellectual property protection in the world, though many copyright and patent laws in the United States are limited through balancing provisions that provide exceptions to the exclusive rights conferred by the intellectual property system. The United States has engaged in efforts to raise intellectual property standards worldwide through creation of new global norms, such as through negotiations of free trade agreements like the currently negotiated Trans-Pacific Partnership Agreement. Higher levels of intellectual property protection may be unnecessary to attract investment in developing countries. In fact, increasing intellectual property standards may actually result in negative impacts on development for low- and middle-income countries. This paper examines the role of intellectual property rules in attracting investment for developing countries. It uses the proposals for the TPP's intellectual property chapter as an example on how higher levels of intellectual property enforcement may harm rather than promote investment.

scholarly journals Current Intellectual Property Regimes in the U.S. Fail to Protect Fashion Designs

2021 ◽  
pp. 1-4
Author(s):  
Nicole Martin ◽  
Keyword(s):  
United States ◽  
Intellectual Property ◽  
The United States ◽  
Intellectual Property Protection ◽  
Fashion Industry ◽  
Cheap Labor ◽  
Trade Dress ◽  
Fashion Designers ◽  
Property Regimes ◽  
The U.S

The United States does not offer adequate intellectual property protections for designs within the fashion industry. The quick pace and constantly evolving nature of the fashion industry creates obstacles for designers’ ability to obtain lasting protection in their fashion articles. The intellectual property regimes for trademark, trade dress, patent and copyright will be analyzed in the fashion industry context. These intellectual property regimes in the United States do not adequately protect designers in the fashion industry. Small fashion brands and independent designers are often left unprotected by the copying of their designs. Designers “remain vulnerable to knockoff artists who can steal ideas straight off the runway and produce copies before the originals even hit the stores.” Due to the lack of intellectual property protection for fashion designers in the United States, fashion companies and retailers are able to “steal American designs, make low-quality copies in foreign factories with cheap labor and import them into the U.S. to compete with original designs”. This presents a huge concern for young and emerging designers who can be “put out of business before they even had a chance.” Emerging designers are left vulnerable to the threat of copying [1].

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