scholarly journals Intellectual Property Infringement by Foreign Firms: Import Protection through the ITC or Court

2021 ◽  
Author(s):  
James Brander ◽  
Barbara Spencer
Keyword(s):  
Intellectual Property ◽  
Foreign Firms ◽  
Intellectual Property Infringement

scholarly journals Intellectual Property Law and Extra-Contractual Liability

2021 ◽  
pp. 82-95
Author(s):  
Giancarlo Frosio
Keyword(s):  
Intellectual Property ◽  
Common Law ◽  
The United States ◽  
The European Union ◽  
Trademark Infringement ◽  
The World ◽  
Emerging Issues ◽  
Intermediary Liability ◽  
Intellectual Property Infringement ◽  
Platform Economy

This chapter discusses intellectual property (IP) and extra-contractual liability by highlighting general comparative analysis issues within civil and common law systems, with some consideration given also to major theoretical clusters that might influence the different legal regimes. The chapter focuses on emerging issues of extra-contractual liability for intellectual property infringement in the platform economy, with special emphasis on copyright and trademark infringement, seeking to co-ordinate miscellaneous approaches from the United States (US), the European Union (EU), and selected European countries’ experiences. In doing so, this chapter highlights research and methodological issues related to limited harmonization at a regional level in secondary and extra-contractual liability doctrines when applied to IP. Finally, this chapter describes the World Intermediary Liability Maps (WILMap) as an attempt to provide consistency within a fragmented research framework while also presenting other miscellaneous endeavours seeking the same goal.

The Impact of Intellectual Property Reforms on ASEAN Member Countries

2017 ◽  
pp. 121-131
Author(s):  
Michael D'Rosario
Keyword(s):  
Economic Growth ◽  
Developing Countries ◽  
Intellectual Property ◽  
Intellectual Property Rights ◽  
Economic Benefit ◽  
Foreign Firms ◽  
Foreign Nationals ◽  
Asean Member ◽  
Property Reform ◽  
The Impact

A number of studies have been conducted with regard to the economic impact of intellectual property reform on economic growth. Majority of these studies, particularly works of an empirical nature, have focused on highly industrialized economies, with the findings supporting the conclusion that intellectual property rights (IPRs) have been economically beneficial to industrialized economies. Little research has been conducted on the economic benefit of IPR within developing countries. The current study considers the impact of IPR within ASEAN member countries to determine whether reform activities have been beneficial to IPR activity. The findings are mixed, suggesting that for some categories of IPR, reform activities have been beneficial while in other instances, regulatory reforms have not had a discernable impact. Additionally, the findings also indicate that intellectual property reform, where effective has been most effective in generating additional intellectual property activity, as measured by intellectual property applications, amongst non-residents, rather than amongst domestic registrants. This finding supports the conclusion that reform activities have engendered confidence amongst foreign firms and foreign nationals.

32. Remedies in intellectual property litigation

2019 ◽  
pp. 640-674
Author(s):  
Paul Torremans
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Essential Elements ◽  
Traditional Remedies ◽  
Civil Remedies ◽  
Intellectual Property Infringement ◽  
The Relationship ◽  
Full Trial

This chapter discusses the enforcement procedures used in relation to intellectual property rights, the civil remedies that apply, and some issues which arise in relation to the gathering of evidence in intellectual property cases. It identifies three essential elements in the relationship between intellectual property rights and remedies. First, there are the traditional remedies headed by damages that are normally granted at the trial. Second, intellectual property infringement often requires immediate action or a pre-emptive strike. Finally, gathering evidence that is vital for the full trial in an infringement case.

scholarly journals Intellectual Property, Business and China: Taking a Stand

2013 ◽  
Vol 18 (1) ◽  
pp. 89 ◽  
Author(s):  
Jane Menzies ◽  
Lydia Xynas ◽  
Stuart Orr ◽  
Mona Chung
Keyword(s):  
Intellectual Property ◽  
Qualitative Study ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Intellectual Property Protection ◽  
Foreign Firms ◽  
Business Managers ◽  
Chinese Market ◽  
Protection Strategy ◽  
Business In China

Over the last 40 years, China has developed laws for the protection of intellectual property rights. Unfortunately, these laws have not been uniformly enforced, making such protection problematic for Australian and other foreign organisations wishing to do business in China. This article first scrutinises the current Chinese laws covering intellectual property protection. It then examines the outcomes of a qualitative study that addressed intellectual property protection issues faced by selected Australian organisations conducting business with Chinese counterparts located in China. Forty Australian business managers/owners from Australian companies having business relationships with Chinese firms were interviewed for this study. The findings show that protection issues are only relevant to certain types of businesses that have intellectual property to protect. Nevertheless, a number of the managers/owners interviewed believed that infringement threats were real and inevitable in China, and some had even experienced cases of copying. The study found that, despite such concerns, there was little evidence of organisations taking proactive and positive steps to adequately protect their intellectual property. In order to address this, the authors of this article have developed a protection strategy that incorporates the use of the law, together with firms’ organisational designs, so that foreign firms can protect their rights when interacting with the Chinese market.

scholarly journals Impact of Intellectual Property Infringement Lawsuits in the U.S. on Firm Value

2007 ◽  
Vol 8 (2) ◽  
pp. 11-32
Author(s):  
Wonseok Woo
Keyword(s):  
Intellectual Property ◽  
Stock Market ◽  
Firm Value ◽  
Abnormal Returns ◽  
Computer Hardware ◽  
Information Technology Industry ◽  
Stock Market Returns ◽  
Technology Industry ◽  
Study Methodology ◽  
Intellectual Property Infringement

This paper investigates the economic impact of intellectual property infringement lawsuits on the values of both the plaintiff and the defendant firms in the information technology industry. Event study methodology is used to investigate the effect of the litigation on the stock market returns around the date of commencement as well as the date of termination. Our results suggest that the news of intellectual property infringement lawsuits was unfavorably accepted in the stock market for the defendants. On the other hand, abnormal returns for plaintiff firms around lawsuit commencement date were significantly positive, while those at termination date were not positive at a statistically significant level. We also found chat firms in other technology sectors have been influenced more by the intellectual property infringement lawsuits than chose in computer hardware & peripheral sectors.

GENERAL ISSUES OF INTELLECTUAL PROPERTY PROTECTION AND PROTECTION

2020 ◽  
Author(s):  
Хусейн Вахаевич Идрисов ◽  
Тамила Джониевна Мимулатова
Keyword(s):  
Intellectual Property ◽  
Intellectual Property Protection ◽  
Creative Activity ◽  
Legal Definition ◽  
Definition Of ◽  
Intellectual Property Infringement

Статья посвящена одному из важнейших вопросов, связанных с творческой деятельностью человека - охране и защите результатов этой деятельности. В работе приводится характеристика основных видов интеллектуальных прав, а также перечисляются средств охраны и защиты интеллектуальных прав. Кроме того, в рамках статьи приводится легальная дефиниция понятия нарушения интеллектуальных прав. The article is devoted to one of the most important issues related to human creative activity - the protection and protection of the results of this activity. The paper describes the main types of intellectual rights, as well as lists the means of protection and protection of intellectual rights. In addition, the article provides a legal definition of the concept of intellectual property infringement.

Old wine in a new bottle? Assessing the injunction remedy for intellectual property disputes in China

2021 ◽  
Vol 11 (3) ◽  
pp. 295-313
Author(s):  
Peicheng Wu ◽  
Charlie Xiao-chuan Weng
Keyword(s):  
Intellectual Property ◽  
Civil Law ◽  
Civil Procedure ◽  
Injunctive Relief ◽  
The Us ◽  
Intellectual Property Infringement ◽  
Judicial Interpretations

The landmark eBay case in the US has noticeably influenced Chinese judicial practices concerning intellectual property injunctions. The injunctive relief in intellectual property infringement cases in China has witnessed a change from a traditional automatic-granting approach to a more equitable approach. However, there are still some issues, namely: the standards of awarding injunctive relief in intellectual property cases are unclear; the civil law tradition and procedure can create issues when applying for injunctions; and the scope of the injunction could be disproportionate in certain cases. In order to address these concerns, China needs to publish judicial interpretations to clarify that the eBay test can be applied to both preliminary injunctions and permanent injunctions. China should further polish up its civil procedure legislation to enable a permanent injunction to be effective immediately, even at the first instance, and to allow the parties to an intellectual property contract to have agreements on conditions of applying for injunctive relief. Additionally, Chinese courts should adopt a proportionate method in determining cases regarding intellectual property injunctions.

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