ERN: Intellectual Property (Topic)最新文献_第10页

Metrics of Innovation: Measuring the Italian Gap 创新指标:衡量意大利差距

ERN: Intellectual Property (Topic) Pub Date : 2013-06-20 DOI: 10.2139/ssrn.2284789

Michele Benvenuti, L. Casolaro, Elena Gennari

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引用次数: 6

Coordinating Extensive Trademark Rights and Competition Policy 协调广泛的商标权和竞争政策

ERN: Intellectual Property (Topic) Pub Date : 2013-03-11 DOI: 10.2139/ssrn.2231558

Kexin Li

引用次数: 2

Anarchy and Property Rights in the Virtual World: How Disruptive Technologies Undermine the State and Ensure that the Virtual World Remains a 'Wild West' 虚拟世界中的无政府状态和产权:颠覆性技术如何破坏国家，并确保虚拟世界仍然是一个“狂野的西部”

ERN: Intellectual Property (Topic) Pub Date : 2013-03-01 DOI: 10.2139/ssrn.2233374

Gabriel J. Michael

{"title":"Anarchy and Property Rights in the Virtual World: How Disruptive Technologies Undermine the State and Ensure that the Virtual World Remains a 'Wild West'","authors":"Gabriel J. Michael","doi":"10.2139/ssrn.2233374","DOIUrl":"https://doi.org/10.2139/ssrn.2233374","url":null,"abstract":"For all intents and purposes, most actors in the virtual world operate under conditions of anarchy. While formal, de jure law attempting to regulate the virtual world proliferates, such law is so easily circumvented and so rarely enforced as to be safely ignored — for both practical and analytical purposes. When we fail to recognize the anarchic nature of the virtual world, we come to fundamentally incorrect conclusions about how best to think about that world. Once such incorrect conclusion, proposed by legal scholars like Lawrence Lessig and Jonathan Zittrain, is that the Internet is on the whole moving towards an era of greater control and regulation. In contrast, I argue that in many fundamental ways, the virtual world — which includes, but is not limited to, the Internet — is moving towards an era of less control as state capacity to regulate the virtual world rapidly diminishes. In this paper, I demonstrate how three disruptive technologies — file sharing, 3D printing, and distributed digital currency — have severely undermined the legal and regulatory capacity of the state, resulting in an anarchic environment where actors’ behavior is determined primarily by factors other than legislation or governmental authority. Additionally, I examine how a particular group of actors — property owners — copes with the challenge of protecting property under conditions of anarchy. I show that property owners frequently engage in various forms of self-help and limited cooperation to protect their assets. Both resort to self-help and limited cooperation are theoretical implications of anarchy, and provide further evidence that the virtual world is characterized by anarchy.","PeriodicalId":125544,"journal":{"name":"ERN: Intellectual Property (Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130569173","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 8

Alternative Methods in Protecting Innovation - A Literature Review 保护创新的多种方法——文献综述

ERN: Intellectual Property (Topic) Pub Date : 2013-01-31 DOI: 10.2139/ssrn.2264763

Riku Ruuskanen, M. Seppänen

引用次数: 2

The Protection of Traditional Knowledge in the Knowledge Economy: Cross-Cutting Challenges in International Intellectual Property Law 知识经济中传统知识的保护:国际知识产权法的跨领域挑战

ERN: Intellectual Property (Topic) Pub Date : 2012-08-14 DOI: 10.1163/187197312X633478

T. Dagne

引用次数: 4

Public Health Regulation: The Impact of Intersections between Trade & Investment Treaties in Asia 公共卫生管制:亚洲贸易与投资条约交叉的影响

ERN: Intellectual Property (Topic) Pub Date : 2012-06-26 DOI: 10.2139/SSRN.2093376

Locknie Hsu

{"title":"Public Health Regulation: The Impact of Intersections between Trade & Investment Treaties in Asia","authors":"Locknie Hsu","doi":"10.2139/SSRN.2093376","DOIUrl":"https://doi.org/10.2139/SSRN.2093376","url":null,"abstract":"There has been an explosive growth of free trade agreements (FTAs) in recent years. The World Trade Report 2011 of the World Trade Organization (WTO) shows Asian members to be among the most active in signing preferential trade agreements. This unprecedented growth has attracted much academic and policy discussion on aspects such as their effects on trade liberalization, problems raised by specific trade and investment provisions, dispute settlement, and concerns over “regionalism”. Like such areas, public health regulation has been significantly affected by such treaties. FTAs, together with bilateral investment treaties (BITs), are rapidly forming a source of intersecting state obligations that have an impact on the regulation of public health and related intellectual property rights (IPRs) (such as in patents for pharmaceuticals) in Asian states. The impact is wide-ranging and profound, affecting access to medicines, rights and obligations of IPR owners and enforcers, rights of investors (such as producers of pharmaceutical and tobacco products), and the relationship between these agreements and other health-related treaties. An examination of specific issues and claims (potential and actual) in the area of public health is needed to better appreciate the impact of such obligations. This discussion raises the following questions: - How do intersecting aspects of FTAs and BITs affect public health regulation in Asia? - Have the flexibilities that exist in WTO affecting health regulation been significantly reduced by recent FTAs and/or BITs signed by Asian states? - The role of treaty exceptions in recent Asian FTAs and BITs in safeguarding regulatory discretion in public health. This paper will examine the issues and examples of recent provisions critically from an Asian perspective, to provide a springboard for further discourse in this important area.","PeriodicalId":125544,"journal":{"name":"ERN: Intellectual Property (Topic)","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129459964","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

IPR, Competition Law and Dynamic Development - IPR's Constitutionalisation and Expansion: Can the 'Common Goals' Description Cope? 知识产权、竞争法与动态发展——知识产权的宪制化与扩大化:“共同目标”的描述能应付吗?

ERN: Intellectual Property (Topic) Pub Date : 2012-04-26 DOI: 10.2139/ssrn.2064820

Jens Schovsbo

引用次数: 0

Patent Citation: The Inventor, Examiner, Application, Differences USPTO - Case Report: Patent No. - 4,237,224 专利引文:发明人，审查员，申请，差异USPTO -案例报告:专利号。- 4237224

ERN: Intellectual Property (Topic) Pub Date : 2012-01-11 DOI: 10.2139/ssrn.1983109

Freddy Pachys

引用次数: 4

Paradoxes, Google and China - How Censorship Can Harm and Intellectual Property Can Harness Innovation 悖论，谷歌和中国——审查制度如何伤害和知识产权如何驾驭创新

ERN: Intellectual Property (Topic) Pub Date : 2011-07-01 DOI: 10.1007/978-90-6704-846-0_11

Danny Friedmann

引用次数: 1

A New Approach to Resolving Refusal to License Intellectual Property Rights Disputes 解决知识产权拒绝许可纠纷的新途径

ERN: Intellectual Property (Topic) Pub Date : 2011-06-01 DOI: 10.54648/woco2011021

K. Kwok

{"title":"A New Approach to Resolving Refusal to License Intellectual Property Rights Disputes","authors":"K. Kwok","doi":"10.54648/woco2011021","DOIUrl":"https://doi.org/10.54648/woco2011021","url":null,"abstract":"This article proposes a new approach to resolving the conundrum of a monopolist refusing to license Intellectual Property Rights (IPRs) to a competitor, one of the most complex issues at the interface between Intellectual Property (IP) and competition law. It reviews the approaches adopted by the competition authorities in both the European Union (EU) and United States when confronted with this perplexing issue and argues that the extreme positions they took - either that competition should trump IPRs or that IPRs should trump competition - were mistakenly simplistic. This article proceeds to argue that the preferred approach is to strike an appropriate balance between anti-competitive effects and pro-competitive effects of a refusal to license and, accordingly, allocative efficiency losses and dynamic efficiency gains. A substantial part of this article is devoted to a proposed framework illustrating how the balance can be struck, emphasizing how the refusal at issue interacts with various circumstantial factors such as market power, network effects, monopoly leveraging, predatory intent, degree of follow-on innovation, and the causal connection between IPR protection and innovation incentives. Reference will be made to precedents from the EU (Magill, IMS, and Microsoft) and United States (Kodak and Xerox) in explaining how the framework works in practice.","PeriodicalId":125544,"journal":{"name":"ERN: Intellectual Property (Topic)","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125275425","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 9