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Unveiling the technology: a case study for cellular mobile phones

admin — Mon, 28 Nov 2011 04:20:50 +0000

Unveiling the technology: a case study for cellular mobile phones
Ranjeet Kumar; R.C. Tripathi; M.D. Tiwari
International Journal of Intellectual Property Management, Vol. 4, No. 4 (2011) pp. 211 – 219
Patents are the best resource for tracking of the latest advancements in technology. They are tracked regularly especially by the competitive companies, R&D labs and individuals. Based on various parameters of concern including technology trends, references and the usage of the technologies, the relevant patents are retrieved to unveil the technology of a product (Ridley, 2002). In the present work, as a test case parsing the technical specifications of the given mobile device, a comprehensive search technique of the patent databases has been established by applying ranking methods based on 'Referenced By' for each patent. These are then re-ordered for identifying the most likely patents along with their URL links involved in the current technology. This has been exemplified using a typical case of a mobile device, i.e., 'cell phone'. The results obtained cover all the software and hardware technologies involved in making of a new device as distinct from its older versions to track the latest technological advancements implemented in a product of one's interest.

The capability of intellectual property disputes of being settled by ADR: theoretical and practical approach under Jordanian law

admin — Mon, 28 Nov 2011 04:20:50 +0000

The capability of intellectual property disputes of being settled by ADR: theoretical and practical approach under Jordanian law
L.M. Daradkeh; Ala Elden Kasawneh
International Journal of Intellectual Property Management, Vol. 4, No. 4 (2011) pp. 283 – 296
Rights pertaining to intellectual property have been mainly categorised, under Jordanian laws, to cover trademarks, patents, copyright, unfair competition and trade secrets, integrated circuits, geographical indicators, industrial designs and models, and the new plants classifications. Alternative dispute resolution have also been categorised under Jordanian laws to cover arbitration, mediation and conciliation. This article examines the reliability and viability of alternative dispute resolution to resolve intellectual property disputes. It answers the question whether disputes arising over intellectual property rights can only be resolved using alternative dispute resolution. In other words, do intellectual and industrial property disputes have special nature which makes them different from the nature of other disputes to be resolved in a particular way? It is found that the disputes arising over the exploitation of the intellectual property rights can be resolved by alternative dispute resolution, and it is also found that it is possible to apply both arbitration and mediation laws to resolve intellectual property disputes as far as Jordan is concerned.

How agricultural biotechnology scientists perceive intellectual property rights (IPRs) and their implications: insights from developing Asia

admin — Mon, 28 Nov 2011 04:20:50 +0000

How agricultural biotechnology scientists perceive intellectual property rights (IPRs) and their implications: insights from developing Asia
Jane Payumo; Howard Grimes; Keith Jones
International Journal of Intellectual Property Management, Vol. 4, No. 4 (2011) pp. 220 – 238
This paper presents the results of a web-survey of scientists and researchers from India, Malaysia, Philippines, Thailand, and Vietnam, conducted to measure their awareness, attitudes and perspectives towards the new intellectual property rights (IPRs) paradigm in agriculture. Results indicate that respondents are aware on IPR and its features and have openness in answering IPR-related questions despite the current ambiguity and debate surrounding IPRs in public sector research. They also understand global policy trends and some of the risk factors involved. However, they need to have more exposure to, and training on, the use of the different IPR instruments. Interestingly, respondents disclosed that even with expanding IPR in agriculture, they did not have problems accessing new biological materials and genetic resources from local and international research centres. Results can serve as important reference for institutions implementing IP capability programmes for better appreciation of the importance of IPR for public research institutions.

Granted patents have the same level of inventive step? A new approach to distinguish patent protection based on the level of inventive step

admin — Mon, 28 Nov 2011 04:20:50 +0000

Granted patents have the same level of inventive step? A new approach to distinguish patent protection based on the level of inventive step
Yoshitoshi Tanaka; Daphne Jue Wang
International Journal of Intellectual Property Management, Vol. 4, No. 4 (2011) pp. 270 – 282
According to recent surveys, there exist numerous patent applications in countries, such as Japan and the USA. Out of the total granted patents, there are so many patents which are not utilised on the product and its market. In this research, we analysed the different levels of inventive step or non-obviousness especially focusing on the difference of the ratio of office actions made by EPO and JPO between European enterprises and Japanese enterprises whether the office actions include the prior arts related to the said invention filed as a patent application. Under the current patent law, all patents granted have the same level of protection. Considering the basicness or improvementness of patents, it is proposed based on this research to distinguish the level of inventive step or non-obviousness together with the level of protection, which gives big impact on legal structures together with how the patent law should be amended in the future.

Optimal negotiated transfer pricing and its implications for international transfer pricing of intangibles

admin — Mon, 28 Nov 2011 04:20:50 +0000

Optimal negotiated transfer pricing and its implications for international transfer pricing of intangibles
Peter C. Dawson; Stephen M. Miller
International Journal of Intellectual Property Management, Vol. 4, No. 4 (2011) pp. 239 – 269
Intangibles exhibit zero marginal licensing cost, including cross-border intra-firm licensing of intangibles within a multinational corporation (MNC). An MNC may not realise the full profit potential of licensing intangibles intra-firm, however, under suboptimal negotiated transfer pricing schemes. Our negotiated transfer pricing bargaining structure unlocks this potential by producing an optimal transfer price and larger optimal intra-firm licensed quantity. Increased licensing of intangibles intra-firm across borders produces a greater potential tax savings/consolidated after-tax profit gain per unit of transfer price adjustment, creating a context where MNCs feel a greater imperative or incentive to move beyond legal tax avoidance toward evasion.

Polymorph patents; how strong they are really?

admin — Mon, 28 Nov 2011 04:20:50 +0000

Polymorph patents; how strong they are really?
Prasad Vure
International Journal of Intellectual Property Management, Vol. 4, No. 4 (2011) pp. 297 – 306
Pharmaceuticals can exist in various solid forms include 'true polymorphs', solvates, desolvates and amorphous solids. Screening of pharmaceuticals early on in drug discovery to find out all possible solid forms has significant connotations. Any inadvertent production of the 'wrong' polymorph at the crystallisation stage or any transformations of one form to another during dosage form processing, storage and scale-up can result in pharmaceutical dosage forms which are either ineffective or toxic. The second-generation patent filed by pioneer companies generally claim newer crystal forms as an important aspect in maintaining favourable intellectual property position thereby delaying the generic entry. There are numerous instances where innovator companies have acquired patents on particular polymorphic form, which extend beyond the expiry of basic molecule's patent. In such instances, allows filing of ANDA with paragraph IV certification, provided the solid form discovered by the generic manufacturer bypasses innovator's patent. Successful paragraph IV filing provides exclusive marketing rights for 180 days to the generic manufacturer, and a healthy market share. This article provides in depth analysis of polymorph patents with case examples evaluating that whether these polymorphic patents are really important in qualitative terms or just a ploy to stifle the generic entry.

Intellectual property sharing agreements in gene technology: implications for research and commercialisation

admin — Fri, 01 Jul 2011 04:20:50 +0000

Intellectual property sharing agreements in gene technology: implications for research and commercialisation
Stuart J. Smyth, Richard Gray
International Journal of Intellectual Property Management, Vol. 4, No. 3 (2011) pp. 179 – 190
In the early 1980s, countries began to allow patenting of biotechnological processes and products, creating technology advancements and rapid development of private industry. Part of the industry development that ensued was a consolidation of small firms and the creation of a few, large life science companies, each owning the requisite intellectual property (IP) and having freedom-to-operate. Despite the ability and potential gains from doing so, for many years there was very little apparent flow of IP between firms, separating potentially complementary technologies. A recent development in the ag-biotech industry, has been the increase in gene trait cross-licensing agreements. While these agreements hold much promise as means to facilitate the much needed sharing of IP, they raise additional concerns with respect to market concentration. This article examines publicly accessible information about the nature of these IP sharing agreements and the incentives they may create.

Innovation protection by SMEs: the case of the north east of the Netherlands

admin — Fri, 01 Jul 2011 04:20:50 +0000

Innovation protection by SMEs: the case of the north east of the Netherlands
Mischa C. Mol, Enno Masurel
International Journal of Intellectual Property Management, Vol. 4, No. 3 (2011) pp. 153 – 164
SMEs do not own many patents. Although the reasons for not patenting have been the subject of much research, little is known on the alternatives that SMEs use. This article discusses a case study on the protection of innovations by SMEs by means of an analysis of the patent data and 20 interviews with owners or managers. This case study confirms the findings that SMEs do not own many patents, but adds to this that the SMEs that do own patents do not let them expire as much as bigger companies. The interviews showed that 65% of the respondents favoured other forms of protection, especially confidentiality clauses. The interviews also showed that age, type of innovation and R&D expenses influence the adoption of protective actions.

Different paths of appropriation – patent strategies and licensing practices for closed and open innovation

admin — Fri, 01 Jul 2011 04:20:50 +0000

Different paths of appropriation – patent strategies and licensing practices for closed and open innovation
Pia Hurmelinna-Laukkanen, Aura Soininen
International Journal of Intellectual Property Management, Vol. 4, No. 3 (2011) pp. 133 – 152
As the competitive environment has become more knowledge-based and as technological complexity and convergence have increased, companies' innovation processes have gone through changes. It could be said that there has been a paradigm shift from closed innovation, where control over resources is paramount, towards a more open model. At the same time, the importance of intellectual property rights (IPRs) as a means to appropriate returns on R&D investments has increased and firms have begun to pay more attention to managing their IPRs. In this study, we examine the relationship between innovation models and patent strategies and licensing practices of eight information and communications technology (ICT) companies interviewed in 2004. We find that companies with different attitudes toward innovation also follow different paths in their strive towards appropriation and benefiting from innovation. The common denominator is that IPRs are only useful when they are in line with the business strategy.

Forward patent citations as predictors for patent valuation

admin — Fri, 01 Jul 2011 04:20:50 +0000

Forward patent citations as predictors for patent valuation
M. Hosein Fallah, Elliot Fishman, Richard R. Reilly
International Journal of Intellectual Property Management, Vol. 4, No. 3 (2011) pp. 165 – 178
It has long been understood that highly cited patents tend to be more commercially valuable than patents that are not frequently cited. Early identification of highly cited patents would enable a technology manager to concentrate commercialisation resources on the most promising assets in a technology portfolio. There is therefore a need for predictive models of forward citation counts. We propose and test a theory that early forward citation observations can be a leading indicator of the future citations over the lifespan of a patent. The predictive model presented herein has implications for patent valuation, patent portfolio management and qualitative patent ranking programmes.

Searching for patents on essential medicines in developing countries: a methodology

admin — Fri, 01 Jul 2011 04:20:50 +0000

Searching for patents on essential medicines in developing countries: a methodology
Barbara Milani, Cecilia Oh
International Journal of Intellectual Property Management, Vol. 4, No. 3 (2011) pp. 191 – 209
Although the 2001 Doha Declaration on the TRIPS Agreement and Public Health confirmed the right of countries to use measures to ensure access to affordable medicines, only few countries in the developing world have done so. One factor for this scant use of the so-called TRIPS flexibilities has been the lack of accurate information on the patent status of the relevant medicines in developing countries. Clearly, there is a need for a systematic and pragmatic approach to speedily obtain data on the patent status of essential medicines, so that governments and procurement agencies can make informed decisions on available options for production and procurement of generic medicines. A simple and practical method is described in this paper, which enables searches for relevant patent data from publicly available (and free) sources of information. Using a combination of data from patent offices and medicine regulatory authorities that are available on the internet, this methodology provides an inexpensive and pragmatic option to perform a quick search and access patent information on essential medicines.

International intellectual property law and creative industries: reshaping standards and recommendations for the future

admin — Wed, 02 Dec 2009 04:20:50 +0000

International intellectual property law and creative industries: reshaping standards and recommendations for the future
Fabricio Polido
International Journal of Intellectual Property Management, Vol. 4, No. 1/2 (2010) pp. 114 – 131
This article submits a short description on the analysis of the concepts embodied in the expressions 'creative industries' and 'creative goods' and their interactions with the international intellectual property system. Current matters related to the expansion of creative industries and deployment of intellectual property mechanisms for protection of creative goods are to be linked to the constant claims of international community on access to knowledge and cultural goods. The author analyses the debate on 'creative clusters', the limits for copyright protection and the balance of proprietary and public interests in the interface of intellectual property and creative process. Those issues must be inherently linked to the development of institutions in the international intellectual property system and shall serve as instigating topic for a research agenda in the near future.

Knowledge society and freedom of expression

admin — Wed, 02 Dec 2009 04:20:50 +0000

Knowledge society and freedom of expression
Jose De Oliveira Ascensao
International Journal of Intellectual Property Management, Vol. 4, No. 1/2 (2010) pp. 6 – 22
This article proposes an analysis of the current debate on the interface between freedom of expression, information society and copyright, particularly in respect to the right to access and use of works in digital environment. The author recalls the importance of the constitutional origins of the right of expression and copyright protection, such as the establishment of the intellectual property clause in US Constitution and its counterpart in the Portuguese Constitution of 1976. In addition he traces the constraints to the right to access in digital environment, which are fundamentally based on the enforcement of technological devices for protection of copyright, 'sui generis rights' over database content and further developments of the exclusive granted to the right holders. When not properly adjusted to the information society requirements, copyright appears to become a Malthusian instrument, liquidating the potential for dissemination of information and culture in the digital age.

On artefacts and middlemen: a musician’s note on the economics of copyright

admin — Wed, 02 Dec 2009 04:20:50 +0000

On artefacts and middlemen: a musician's note on the economics of copyright
Denis Borges Barbosa
International Journal of Intellectual Property Management, Vol. 4, No. 1/2 (2010) pp. 23 – 44
This article approaches some concrete examples of the economic analysis involving cultural expressions and the ability of intellectual property to respond to economic demands, particularly with regard to the reproductive models in the markets. This analysis appears not to be linked to the substantive levels of the expressive production but rather to the changing role of mediators in such production operating as intermediaries between creators and consumers. New technologies over the time had not only allowed an incredible reduction of costs related to the dissemination of works, but also a qualitative change in the economics of expressive production. From this standpoint, the author recalls the importance of the scholarly debate on the legal and economic perspectives of expressive production.

Copyrighting ideas? Copyright on information technology products and its consequences for future creativity

admin — Wed, 02 Dec 2009 04:20:50 +0000

Copyrighting ideas? Copyright on information technology products and its consequences for future creativity
Christophe Geiger
International Journal of Intellectual Property Management, Vol. 4, No. 1/2 (2010) pp. 45 – 64
Ideas and information are at the heart of the knowledge economy and are increasingly sought after. Information also lies at the centre of intellectual property, even if it has been traditionally left outside the field of exclusivity. In addition to a recent evolution, some basic principles have progressively fallen from view and the subject has experienced a deep mutation. Copyright, originally designed to protect the author and to provide incentives for him to create for the benefit of society, is nowadays more and more used as a mechanism to protect investment, without taking into account the impact on future creativity. This change of paradigm has had a certain influence over the free use of information, which has been called into question in many regards. This contribution seeks first to briefly trace back this evolution, acknowledging the tendency towards a privatisation of information through copyright (understood here in an extended sense, including neighbouring and sui generis rights) and tries to propose remedies.

Legal action against asserted cultural genocide and piracy in China: the strength of the WTO and the weakness of the UNESCO

admin — Wed, 02 Dec 2009 04:20:50 +0000

Legal action against asserted cultural genocide and piracy in China: the strength of the WTO and the weakness of the UNESCO
Christophe Germann
International Journal of Intellectual Property Management, Vol. 4, No. 1/2 (2010) pp. 65 – 95
The new UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions of 2005 is supposed to elevate cultural diversity concerns to a level playing field with trade concerns. However, a critical assessment of this soft law instrument shows that it turned out to be essentially an inventory of political claims for rich and democratic welfare states. This means that this agreement will arguably not improve the situation of a majority of the people in the world. This paper shall seek to verify this opinion in the light of a case study on China. This country currently faces the allegation that she perpetrates cultural genocide in Tibet. At the same time, in a recent WTO dispute resolution procedure, China had to respond to the claim that she does not provide sufficient copyright and trade mark protection in violation of her commitments under the TRIPS Agreement. This paper argues that the outcome of this WTO litigation can have a negative impact on cultural diversity.

Intellectual property and cultural expressions in a digital environment

admin — Wed, 02 Dec 2009 04:20:50 +0000

Intellectual property and cultural expressions in a digital environment
Lilian Richieri Hanania
International Journal of Intellectual Property Management, Vol. 4, No. 1/2 (2010) pp. 96 – 113
This article aims at examining to which extent the intellectual property system, and particularly the copyright system, is still capable of fostering creativity and spreading different opinions and cultures in the digital era. In fact, the adjustment of the intellectual property system to the digital environment seems to be among fundamental measures for promoting richer and more balanced cultural exchanges. The strengthening of copyright protection implies today the questioning of the system legitimacy.