Release on 2014-05-08 | by Mario Cimoli,Giovanni Dosi,Keith E. Maskus,Ruth L. Okediji,Jerome H. Reichman
Legal and Economic Challenges for Development
Author: Mario Cimoli,Giovanni Dosi,Keith E. Maskus,Ruth L. Okediji,Jerome H. Reichman
Pubpsher: OUP Oxford
Category: Business & Economics
In recent years, Intellectual Property Rights - both in the form of patents and copyrights - have expanded in their coverage, the breadth and depth of protection, and the tightness of their enforcement. Moreover, for the first time in history, the IPR regime has become increasingly uniform at international level by means of the TRIPS agreement, irrespectively of the degrees of development of the various countries. This volume, first, addresses from different angles the effects of IPR on the processes of innovation and innovation diffusion in general, and with respect to developing countries in particular. Contrary to a widespread view, there is very little evidence that the rates of innovation increase with the tightness of IPR even in developed countries. Conversely, in many circumstances, tight IPR represents an obstacle to imitation and innovation diffusion in developing countries. What can policies do then? This is the second major theme of the book which offers several detailed discussions of possible policy measures even within the current TRIPS regime - including the exploitation of the waivers to IPR enforcement that it contains, various forms of development of 'technological commons', and non-patent rewards to innovators, such as prizes. Some drawbacks of the regimes, however, are unavoidable: hence the advocacy in many contributions to the book of deep reforms of the system in both developed and developing countries, including the non-patentability of scientific discoveries, the reduction of the depth and breadth of IPR patents, and the variability of the degrees of IPR protection according to the levels of a country's development.
This unique book - informed by ten years' research - focuses on intellectual property and charts the global transition towards intellectual capitalism with technology-based corporations as prime movers. The book gives a comprehensive overview of the history and fundamentals of intellectual property as well as a textbook introduction to the field.The book sheds new light on the economics and management of intellectual property in large corporations in Europe, Japan and the US. Special emphasis is given to strategies for the acquisition and commercialization of new technologies, patent strategies and strategies for secrecy and trademark, technology intelligence and corporate management of intellectual property. It includes an in-depth study of leading large corporations in Japan - including Canon, Hitachi, Toshiba and Sony. In conclusion, it explores the possible evolution of intellectual property management towards a distributed intellectual capital management in the context of a wider transition to intellectual capitalism, fueled by new technologies in general and new infocom technologies in particular.The book will have particular appeal to practitioners such as managers, economists, engineers and lawyers as well as students and scholars of industrial organization, economics of innovation and technical change, and management of technology.
Release on 2014-11-03 | by Roger D. Blair,D. Daniel Sokol
Author: Roger D. Blair,D. Daniel Sokol
Pubpsher: Oxford University Press
Category: Business & Economics
More than any other area of regulation, antitrust economics shapes law and policy in the United States, the Americas, Europe, and Asia. In a number of different areas of antitrust, advances in theory and empirical work have caused a fundamental reevaluation and shift of some of the assumptions behind antitrust policy. This reevaluation has profound implications for the future of the field. The Oxford Handbook of International Antitrust Economics has collected chapters from many of the leading figures in antitrust. In doing so, this two volume Handbook provides an important reference guide for scholars, teachers, and practitioners. However, it is more than a merely reference guide. Rather, it has a number of different goals. First, it takes stock of the current state of scholarship across a number of different antitrust topics. In doing so, it relies primarily upon the economics scholarship. In some situations, though, there is also coverage of legal scholarship, case law developments, and legal policies. The second goal of the Handbook is to provide some ideas about future directions of antitrust scholarship and policy. Antitrust economics has evolved over the last 60 years. It has both shaped policy and been shaped by policy. The Oxford Handbook of International Antitrust Economics will serve as a policy and research guide of next steps to consider when shaping the future of the field of antitrust.
In recent years intellectual property rights (IPR) took on major significance as an element of global trade regulation. The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) at the World Trade Organization (WTO) obliges member countries to protect patents, copyrights, trademarks, and trade secrets. This mandate has great impact in developing nations, which had generally weaker IPR standards prior to TRIPS and subsequent agreements. This emerging international regime for protecting IPR raises thorny questions about how the new rules of the game might affect fundamental economic processes, including innovation, trade and economic development.The governments of many developing countries see the new regime as excessively protectionist and an impediment to their development prospects. They perceive potential problems with abusive monopoly practices, high costs for new medicines, and limited access to scientific and educational materials. Indeed, it is ironic that during a time of significant global liberalization of trade and investment barriers, the IPR system may be raising restrictions on access to the very technology flows that could substantiate the gains from greater trading opportunities.However, expansion of the global IPR regime also bears potential for economic gains. It is possible that the new system will encourage additional investments in R&D and innovation. The ongoing internationalization of commercial R&D could be accelerated. Such investments might increasingly meet the medical, agricultural, and educational needs of people in poor countries. The regime could also improve the mechanisms under which new information goods are transferred across borders, expanding the possibilities for fruitful di
Release on 2010-09-13 | by Ruth Taplin,Alojzy Z. Nowak
Author: Ruth Taplin,Alojzy Z. Nowak
Category: Business & Economics
This book argues that intellectual property (IP) management development and innovation are fundamental to economic development , especially in newly emerging economies which often hold vast reserves of natural resources and human knowledge that remain unprotected. It sheds light on countries that are gradually realising this situation, with examples from many parts of the world, including Eastern Europe, Africa and especially Asia including India, where a great deal is being made of innovation and intellectual property to stimulate economic growth. These case studies are seen within the theoretical context of the future of cross-border IP which is slowly becoming a reality. Specific examples go beyond the patent prosecution highway, to which China has also recently signed up, and India’s development of generic drugs at lower costs. Experts in the field including practising IP lawyers explain and criticise current and new models being tested in emerging economies concerning IPR. Original case studies of hitherto little understood breaches of African trademarks by the US and Japan, and patenting mistakes in relation to little known Indian forest plants all damage emerging economies and their native people's lives. While proper implementation of IP laws by emerging economies themselves can lead to positive outcomes for all involved, the key is an independent judiciary coupled by thoughtful and thoroughly understood implementation of IP laws within the context of cross border IP. The book shows through models how different emerging economies are at various levels of developing their IPR and what paths they are taking to do this. Finally, it provides a comprehensive assessment of the ways in which innovation, protection and enforcement of IP laws can help newly emerging economies achieve economic growth without destroying natural and human resources, while moving ahead from the current global financial crisis.
Intellectual property has an increasing level been assumed to be playing a significant role with respect to the rapid pace of scientific, technological, as well as medical innovation that the world has been witnessing in the recent times. In addition to this, the changes that have been occurring in the economic environment on a global level have been also influencing the rapid development of different business models wherein the term intellectual property tends to be a central element towards the establishment of value and the overall potential growth. Intellectual property, as a result, has grown to be the largest as well as the fastest growing aspects of law in the world. As such, this fact also makes it essential for the increasing demand for professionals in the field of Intellectual Property to be well versed in the given field for dealing with IPRs (Intellectual Property Rights) across national as well as international boundaries.
The past two decades have seen a gradual but noticeable change in the economic organization of innovative activity. Most firms used to integrate research and development with activities such as production, marketing, and distribution. Today firms are forming joint ventures, research and development alliances, licensing deals, and a variety of other outsourcing arrangements with universities, technology-based start-ups, and other established firms. In many industries, a division of innovative labor is emerging, with a substantial increase in the licensing of existing and prospective technologies. In short, technology and knowledge are becoming definable and tradable commodities. Although researchers have made significant advances in understanding the determinants and consequences of innovation, until recently they have paid little attention to how innovation functions as an economic process. This book examines the nature and workings of markets for intermediate technological inputs. It looks first at how industry structure, the nature of knowledge, and intellectual property rights facilitate the development of technology markets. It then examines the impacts of these markets on firm boundaries, the division of labor within the economy, industry structure, and economic growth. Finally, it examines the implications of this framework for public policy and corporate strategy. Combining theoretical perspectives from economics and management with empirical analysis, the book also draws on historical evidence and case studies to flesh out its research results.