ERN: Intellectual Property (Topic)最新文献

{"title":"Salospir v Aspirin: The General Court of the EU Confirms That Bayer Cannot Block the Registration of a Competitor’s Trademark","authors":"M. Giannino","doi":"10.2139/ssrn.3333767","DOIUrl":"https://doi.org/10.2139/ssrn.3333767","url":null,"abstract":"The General Court of the EU has confirmed a previous decision of the EU Intellectual Property Office (EUIPO) rejecting an opposition against the registration of a composite EU trademark for a drug filed by a proprietor of earlier signs. The later mark was composed by a combination of word and figurative elements. Concurring with the EUIPO, the Court identified in the word element the distinctive dominant element of the later sought mark and ruled that the conflicting marks were not confusingly similar in spite of the common figurative elements they had in common. These figurative elements, indeed, constituted a common feature in the pharmaceutical sector.","PeriodicalId":125544,"journal":{"name":"ERN: Intellectual Property (Topic)","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129377361","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}

{"title":"Fashion and Related Intellectual Property Rights Issues","authors":"Pankaj Kumar","doi":"10.2139/ssrn.3322320","DOIUrl":"https://doi.org/10.2139/ssrn.3322320","url":null,"abstract":"There is a substantial effort to create an intellectual capital in the domain of fashion and further its value addition. Fashion design is a form of art dedicated to the creation of clothing and other lifestyle accessories. Due to inadequate awareness on the subject, not only the individual fashion designers but many small and medium-sized enterprises do not appreciate protecting such intellectual assets. Now days, in the business environment, intellectual assets have proved the competitive advantage, including those in the fashion industry. Many fashion hoses earning a lot by commercializing their IPR in their fashion creations by licensing. Licensing means renting or leasing of an intangible asset. It is a process of creating and managing contracts between the owner of a brand and a company or individual who wants to use the brand in association with a product, for an agreed period of time, within an agreed territory.","PeriodicalId":125544,"journal":{"name":"ERN: Intellectual Property (Topic)","volume":"92 4","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114010510","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}

{"title":"자유무역협정의 구성요소가 교역에 미치는 영향 분석 (The Contents of Free Trade Agreements and Their Effects on Trade)","authors":"Moon hee Cho, Young Gui Kim, Kyong Hyun Koo, Hyeri Park, Hyeyoon Keum","doi":"10.2139/ssrn.3422614","DOIUrl":"https://doi.org/10.2139/ssrn.3422614","url":null,"abstract":"<b>Korean Abstract:</b> 최근 보호무역주의의 확산과 함께 WTO로 대표되는 다자무역체제가 위협받고 있다. 그럼에도 불구하고 지난 수년간 자유무역협정은 꾸준히 확대되어 왔으며 특히 협정이 포함하는 구성요소와 이를 규율하는 조항이 복잡·다양해졌다. 이에 본 연구는 Worldbank(2017) 데이터베이스를 활용하여 전 세계와 한국의 자유무역협정 구성요소 현황을 조사하고 자유무역협정의 수준 및 구성요소가 교역에 미치는 영향을 분석하였다.<br><br><b>English Abstract:</b> Recently, the global trade system is deteriorating and the basis for world free trade is being threatened by a rise in trade protectionism. The multilateral trade system represented by the WTO has shown its limitations in efficiently reflecting the rapidly changing global trade environment. In the meantime, free trade agreements have continued to increase up to recently, not only in terms of their numbers but also the scope they cover. While free trade agrements in the past focused on tariff reduction, more recent free trade agrements include complex provisions on issues such as non-tariff barriers, services, investment, digital trade, and intellectual property rights. This study reviews the contents of free trade agreements and investigates their effects on trade using data from Worldbank (2017). First, more recent free trade agreements appear to contain more contents or provisions. We also find that Korea tends to sign more comprehensive free trade agreements, containing an average of 26 provisions, which is higher than the world average of 18. Second, we find that establishing such comprehensive free trade agreements has greater positive effects on trade. In particular, free trade agreements including more WTO-X provisions promote trade flows more effectively. Third, we also investigate the effect of each type of provision on trade. Empirical results are as follow. Market access provisions increased trade significantly. However, service provisions appear to have a negative effect on trade. Investment provisions also have a negative effect on trade, mainly negative for export from advanced countries to both advanced and developing countries. We also find that intellectual property rights provisions play a restrictive role on trade between developing countries while public procurement provisions have a positive effect on export to developing countries. Finally, while standard provisions have a negative effect on exports from developing countries to advanced countries, they appear to promote trade between developing countries. As mentioned above, the effects of provisions on trade are heterogeneous by the level of a country’s economy. Moreover, these might vary depending on how they are implemented, so further research is needed for an accurate interpretation of the results.","PeriodicalId":125544,"journal":{"name":"ERN: Intellectual Property (Topic)","volume":"211 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115737075","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}

{"title":"Patent-to-Market Premium","authors":"Jiaping Qiu, Kevin Tseng, Chao Zhang","doi":"10.2139/ssrn.3285921","DOIUrl":"https://doi.org/10.2139/ssrn.3285921","url":null,"abstract":"A firm’s patent-to-market (PTM) ratio refers to the percentage of a firm’s market value that is attributable to its patent market value. A hedging portfolio based on PTM ratio generates a monthly return of 71 basis points. The CAPM cannot be rejected for firms with low PTM ratios, but is rejected for firms with high PTM ratios. PTM ratio is a priced factor distinct from known factors in the cross-section of stock returns. PTM ratio is positively associated with future profitability. Our analysis suggests that real option is the channel through which PTM ratio predicts future stock returns.","PeriodicalId":125544,"journal":{"name":"ERN: Intellectual Property (Topic)","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131413754","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}

{"title":"Philosophical Approaches to Intellectual Property Law Scholarship","authors":"Jeremy N. Sheff","doi":"10.1093/oso/9780198826743.003.0020","DOIUrl":"https://doi.org/10.1093/oso/9780198826743.003.0020","url":null,"abstract":"Intellectual property (IP) law and philosophy is an interdisciplinary approach to scholarship that applies insights and methods from philosophy to the legal, normative, theoretical, political, and empirical questions presented by the project of organizing and regulating the creation and dissemination of knowledge, technology, and culture. In this chapter, I outline four types of IP-law-and-philosophy scholarship, focusing specifically on the discipline of analytic philosophy (with appropriate caveats about the coherence of that discipline). These modes of scholarship can be categorized as: (1) the jurisprudence of the IP system; (2) philosophical analysis of IP law; (3) applied philosophy in IP; and (4) normative theory of IP. Category (4) is obviously a special case of category (3), focusing specifically on applications of moral philosophy. Within each category, I provide illustrative examples of past scholarship and suggestions for further research.","PeriodicalId":125544,"journal":{"name":"ERN: Intellectual Property (Topic)","volume":"160 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123061682","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}

{"title":"The Motivations to Create","authors":"S. Liebowitz, Alejandro Zentner","doi":"10.2139/ssrn.3195384","DOIUrl":"https://doi.org/10.2139/ssrn.3195384","url":null,"abstract":"Economists have long debated the degree to which inventive and artistic activities were either the result of instinctual urges on the part of creators, or the responses of creators to potential pecuniary rewards. Copyright and patent laws are based on a view that rewards are an important factor. In this paper we attempt to provide an empirical analysis of this question by using a recent data set covering the book production industry. We find evidence that authors publish more new books when they earned higher payments for previously written books, although at high enough levels of payment their production of new works begins to decline, consistent with a backward bending supply function. We also find that few authors are in the backward bending region and that the overall effect of payments to authors is to increase their output. Our results are also consistent with the belief that instinctual elements may play a large role in the creation of books.","PeriodicalId":125544,"journal":{"name":"ERN: Intellectual Property (Topic)","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126443974","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}

{"title":"A Critical Assessment of the Impact of Trademarks and the Newly Recognised ‘Modern Functions’ on Competition","authors":"M. Iskander","doi":"10.2139/ssrn.3493329","DOIUrl":"https://doi.org/10.2139/ssrn.3493329","url":null,"abstract":"This paper looks into the status of trademarks in competition. Trademarks are misconstrued to give their owners too much power, one akin to a monopoly. Instead, this paper aims to argue that this power is justified and that it even enhances competition. This argument is grounded in the study of the aims of both competition and trademark systems, the explanation of the word monopoly, and the study of the new modern functions. The paper starts by an exploration of the evolution and current status of competition and trademark law; the two systems have complementing aims. Nevertheless, trademarks continue to be misunderstood because of the misuse of the word monopoly. There is a difference between a legal and an economic monopoly, and trademarks only grant the latter. This type of monopoly is not harmful, but is only a cost of the property system that is trademark law. This “cost” is in fact beneficial to competition: it upholds the economy by creating different markets, benefits consumers by acting as tokens in their hands, and encourages producers to innovate. This argument extends beyond the ability of trademarks to identify origin and onto the modern functions of advertisement, communication, and investment. These new attributes of trademark have become the commercial reality, and so they must be adopted by the law in order to ensure that the competition system is both up to date and healthy. This paper hence concludes that trademarks help and not hinder competition, even with the expansion of their functions. Courts and academics should continue to consider this view, which could perhaps be aided by empirical studies on the effects of trademarks on competition after the adoption of the modern functions.","PeriodicalId":125544,"journal":{"name":"ERN: Intellectual Property (Topic)","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126447488","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}

{"title":"The Puzzle of Reputation in EU Protected Geographical Indications: Can Traditional Specialities Guaranteed Provide a Solution?","authors":"Andrea Zappalaglio","doi":"10.2139/ssrn.3226011","DOIUrl":"https://doi.org/10.2139/ssrn.3226011","url":null,"abstract":"In EU GI Law, Protected Geographical Indications have become the predominant quality scheme and, in particular, the history of the product and their relationship with the area of origin has become the main origin link. This linking factor can lead to distortions, however. These notes reflect on the contribution that Traditional Specialities Guaranteed could provide to correct these issues. They lead to the conclusion that this is an idea worth exploring, although it has its drawbacks too.","PeriodicalId":125544,"journal":{"name":"ERN: Intellectual Property (Topic)","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133017651","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}

{"title":"The Impact of Patent Protection and Financial Development on Industrial R&D","authors":"K. Maskus, S. Milani, Rebecca Neumann","doi":"10.2139/ssrn.3293861","DOIUrl":"https://doi.org/10.2139/ssrn.3293861","url":null,"abstract":"Stronger protection of patent rights is thought to spur innovation through securing returns to R&D investments. Those investments must be financed, however, suggesting that the responsiveness of R&D to patent reforms varies with financial development levels. We examine the joint impact of domestic and international financial-market development and patent protection on R&D intensities in 22 manufacturing industries in 20 OECD countries for the period 1990-2009. We show that stronger patent rights increase R&D intensities in patent-intensive industries, accounting for the need for external financing and the amount of tangible assets. The primary impact varies across types of financial development: patent protection raises R&D in high-patent industries where countries have more limited equity and credit markets. In contrast, in countries with more developed bond markets industry R&D is more sensitive to patent rights. Interestingly, patent rights in countries that are more exposed to foreign direct investment increase R&D intensities at all levels of financial development.","PeriodicalId":125544,"journal":{"name":"ERN: Intellectual Property (Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128942232","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}

{"title":"Методологические Аспекты Учета Продуктов Интеллектуальной Собственности в Макроэкономической Статистике (Methodological Aspects of Accounting for Intellectual Property Products in Macroeconomic Statistics)","authors":"A. Abroskin, Natalya Abroskina","doi":"10.2139/ssrn.3147741","DOIUrl":"https://doi.org/10.2139/ssrn.3147741","url":null,"abstract":"Russian Abstract: Рассматриваются методологические аспекты учета и отражения в системе макроэкономических показателей операций, связанных с оборотом продуктов интеллектуальной собственности в национальной экономике. Систематизированы основные положения международных стандартов и рекомендаций международных организаций в области методологии учета продуктов интеллектуальной собственности (ООН, ОЭСР, Евростат и др.). Представлены современные методы построения стоимостных оценок для продуктов интеллектуальной собственности, разработаны рекомендации по использованию перспективных зарубежных разработок в области учета компонентов продуктов интеллектуальной собственности. \u0000English Abstract: Article considers methodological aspects of accounting and reflection in the system of macroeconomic indicators of transactions related to the turnover of intellectual property products in the national economy.The main provisions of international standards and recommendations of international organizations in the field of methodology for accounting for intellectual property products (UN, OECD, Eurostat, etc.) are systematized. Modern methods for constructing cost estimates for intellectual property products are presented, recommendations on the use of promising foreign developments in the field of accounting for components of intellectual property products are developed.","PeriodicalId":125544,"journal":{"name":"ERN: Intellectual Property (Topic)","volume":"235 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123041312","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}