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on Intellectual Property Rights |
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Issue of 2016‒10‒16
seven papers chosen by Giovanni Ramello Università degli Studi del Piemonte Orientale “Amedeo Avogadro” |
| By: | Jae-Sik Choi (Korea Institute of Intellectual Property) |
| Abstract: | The purpose of this presentation is to review the right of patentee put in a statutory form in Korea patent law compared with that of USA and Japan patent law. The focus is a regular patent protect system, especially in criminal suit regarding patent infringement. The IP (“Intellectual Property†) protection should be strengthened as much as possible, rather than impeded, if economies seek to move up the global innovation value chain. And the most effective remedy for damages of patent infringement is the criminal penalties and sanctions for IP rights infringement. That is the reason why the U.S. Chamber International IP Index includes the indicators of “Criminal standards including minimum imprisonment and minimum fines.†Therefore, comparative analysis of remedy system of US and Korea for the patent infringement is performed. In US, as you see in the statement of "Except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States, or imports into the United States any patented invention during the term of the patent therefore infringes the patent", the definition of the patent infringement is only stated comprehensively and there is no criminal punishment for patent infringement. When the damages are not found by a jury, the court shall assess them. In either event the court may increase the damages up to three times the amount found or assessed. On contrast, in the case of Korean patent infringement claims, both civil and criminal remedies are available. Patent Law enacted in 1961 for patent infringement when penalties are explicitly stipulated increasingly so criminal remedies have been strengthened. In the Patent Act of Korea, Any person who infringes a patent right or exclusive license shall be punished by imprisonment not exceeding seven years or by a fine not exceeding 100 million won. Furthermore, If a representative of a juristic person, or an agent, an employee or any other employed person of a juristic person or individual has committed an offense under Articles 225 (1), 228 or 229 with respect to the duties of the juristic person or individual, not only shall the offender be punished, but also the juristic person shall be punished by a fine under any of the individual shall be punished by a fine referred to in the relevant provisions in Korea, which is named as “Joint Penal Provisions.†|
| Keywords: | comparative study, remedy system for patent infringement, criminal penalties |
| JEL: | K11 K14 K00 |
| URL: | http://d.repec.org/n?u=RePEc:sek:iacpro:4106737&r=ipr |
| By: | Lily Fang; Josh Lerner; Chaopeng Wu |
| Abstract: | Using a difference-in-difference approach, we study how intellectual property right (IPR) protection affects innovation in China in the years around the privatizations of state-owned enterprises (SOEs). Innovation increases after SOE privatizations, and this increase is larger in cities with strong IPR protection. Our results support theoretical arguments that IPR protection strengthens firms’ incentives to innovate and that private sector firms are more sensitive to IPR protection than SOEs. |
| JEL: | G24 J33 L26 |
| Date: | 2016–09 |
| URL: | http://d.repec.org/n?u=RePEc:nbr:nberwo:22685&r=ipr |
| By: | Buzard, Kristy (Syracuse); Carlino, Gerald A. (Federal Reserve Bank of Philadelphia); Hunt, Robert M. (Federal Reserve Bank of Philadelphia); Carr, Jake (Ohio State University); Smith, Tony E. (University of Pennsylvania) |
| Abstract: | We employ a unique data set to examine the spatial clustering of private R&D labs. Instead of using fixed spatial boundaries, we develop a new procedure for identifying the location and size of specific R&D clusters. Thus, we are better able to identify the spatial locations of clusters at various scales, such as a half mile, 1 mile, 5 miles, and more. Assigning patents and citations to these clusters, we capture the geographic extent of knowledge spillovers within them. Our tests show that the localization of knowledge spillovers, as measured via patent citations, is strongest at small spatial scales and diminishes rapidly with distance. |
| Keywords: | spatial clustering; geographic concentration; R&D labs; localized knowledge spillovers; patent citations |
| JEL: | O31 R12 |
| Date: | 2016–10–13 |
| URL: | http://d.repec.org/n?u=RePEc:fip:fedpwp:16-25&r=ipr |
| By: | Wioleta Kucharska (Gdansk University of Technology, Gdansk, Poland) |
| Abstract: | Social network brand sites are increasingly attracting the attention of scientists and managers intrigued by their potential application for brand value creation. The aim of this research is to fill the gap in understanding how users choose among social networking sites as an act of brand identification. Social network users, unlike it is in real life, do not need to own branded products to use their image. For this reason their identification with brands can bring interesting implications for those who study brand value creation. The study presents a new model whose structure of social network brand sites identification drivers varies for customer brand identification in the real and virtual worlds. The presented model reveals that personal branding is a planned effect of brand identification and is crucial for brand value creation in social networks. |
| Keywords: | CBI, social network, personal branding, brand loyalty |
| JEL: | M30 M31 Y1 |
| Date: | 2016–10 |
| URL: | http://d.repec.org/n?u=RePEc:gdk:wpaper:39&r=ipr |
| By: | Clément Bonnet |
| Abstract: | The invention and the diffusion of environmental process of production and consumption goods are impeded by two market failures: the first on environment and the second on knowledge. The question arises whether the instruments aiming at correcting these market failures should be jointly designed or not. We investigate this question for a major instrument of support to innovation: the patent system. We demonstrate that a patent system and a discriminating environmental taxation that are jointly defined provide for a greater efficiency. We conclude that the two externalities interact with each other through the patent system. |
| Keywords: | environmental innovation, double externality, patent policy. |
| JEL: | D62 D83 H23 |
| Date: | 2016 |
| URL: | http://d.repec.org/n?u=RePEc:drm:wpaper:2016-34&r=ipr |
| By: | MUHAMMAD ADAM (FACULTY OF ECONOMICS & BUSINESS, SYIAH KUALA UNIVERSITY); MIRZA TABRANI (FACULTY OF ECONOMICS & BUSINESS, SYIAH KUALA UNIVERSITY) |
| Abstract: | Brand performance related concepts, such as brand strength and brand equity have been proven out to provide several positive outcomes for a firm. This research study aims to estimate the impact of market orientation, internal marketing and brand image on brand orientation and strengthening brand performance. The study tests whether market orientation, internal marketing and brand image affects brand orientation and in turn whether brand orientation affects brand performance in coffee industry of Aceh - Indonesia. A standardized questionnaire was distributed among different people pertinent to coffee industry (distributors, whole sellers, retailers, sales force and employees etc). A total of 200 questionnaires were used by random sampling technique. A model with hypotheses of the relationships between the constructs was built. The results of the structural equation model suggest that market orientation and internal marketing, has positive effect on brand orientation, while brand image has a non-significant effect. Moreover, the study concludes that brand orientation has a substantial impact on strengthening brand performance. Results of this study can help organizations to improve their company performance through more awareness of the determinants of brand performance. |
| Keywords: | market orientation, internal marketing, Brand Image, brand orientation, brand performance |
| JEL: | M31 M39 M38 |
| URL: | http://d.repec.org/n?u=RePEc:sek:iacpro:4106682&r=ipr |
| By: | Bart J. Bronnenberg; Jean-Pierre H. Dubé |
| Abstract: | Brands and brand capital have long been theorized to play an important role in the formation of the industrial market structure of consumer goods industries. We summarize several striking empirical regularities in the concentration, magnitude and persistence of brand market shares in consumer goods categories. We then survey the theoretical and empirical literatures on the formation of brand preferences and how brand preferences contribute to our understanding of these empirical regularities. We also review the literature on how brand capital creates strategic advantages to firms that own established brands. |
| JEL: | A3 D12 D4 L0 L00 L11 L15 M31 M37 Y1 Y10 Y5 Y50 |
| Date: | 2016–09 |
| URL: | http://d.repec.org/n?u=RePEc:nbr:nberwo:22691&r=ipr |