nep-ipr New Economics Papers
on Intellectual Property Rights
Issue of 2022‒05‒02
seven papers chosen by
Giovanni Ramello
Università degli Studi del Piemonte Orientale “Amedeo Avogadro”

  1. Omnia Juncta in Uno: Foreign Powers and Trademark Protection in Shanghai's Concession Era By Laura Alfaro; Cathy Bao; Maggie X. Chen; Junjie Hong
  2. Patents in the Long Run : Theory, History and Statistics By Claude Diebolt; Karine Pellier
  3. The Impact of National University Reform on University Patents in Japan: Researcher Level Analysis (Japanese) By MOTOHASHI Kazuyuki; IKEUCHI Kenta; KWON Seokbeom
  4. A Pilot Study of Brand Loyalty in Generation Y of Technical and Vocational Education Training Colleges By Kirsty-Lee Sharp
  5. Mutation of the trademark doctrine: Analysing actionable use to reconcile brand identities with constitutional safeguards By Ram Mohan, M.P.; Gupta, Aditya
  6. The Effect of Brand Page Commitment, Brand Awareness, Electronic Word Of Mouth and Brand Image on Purchase Intention of Xiaomi Smartphone on Social Media By Nora Andira Brabo
  7. Artificial intelligence and productivity: global evidence from AI patent and bibliometric data. By Aleksandra Parteka; Aleksandra Kordalska

  1. By: Laura Alfaro; Cathy Bao; Maggie X. Chen; Junjie Hong
    Abstract: We investigate how firms adapt to trademark protection, an extensively used but underexamined form of IP protection, by exploring a historical precedent: China’s trademark law of 1923—an unanticipated and disapproved response to end foreign privileges in China. By exploiting a unique, newly digitized firm-employee-level dataset from Shanghai in 1872-1941, we show that the trademark law shaped firm dynamics on all sides of trademark conflicts. The law spurred growth and brand investment among Western firms with greater dependence on trademark protection. In contrast, Japanese businesses, which had frequently been accused of counterfeiting, experienced contractions while attempting to build their own brands after the law. The trademark law also led to new linkages with domestic agents, both within and outside the boundaries of Western firms, and the growth of Chinese intermediaries. At the aggregate level, trademark-intensive industries witnessed a net growth in employment and the number of product categories. A comparison with previous attempts by foreign powers—such as extraterritorial rights, bilateral treaties, and an unenforced trademark code—shows that those alternative institutions were ultimately unsuccessful.
    Keywords: trademark, firm dynamics, intermediaries, intellectual property institutions
    JEL: F20 D20 O10 O30 N40
    Date: 2022
  2. By: Claude Diebolt (BETA - Bureau d'Économie Théorique et Appliquée - UNISTRA - Université de Strasbourg - UL - Université de Lorraine - CNRS - Centre National de la Recherche Scientifique - INRAE - Institut National de Recherche pour l’Agriculture, l’Alimentation et l’Environnement); Karine Pellier (BETA - Bureau d'Économie Théorique et Appliquée - UNISTRA - Université de Strasbourg - UL - Université de Lorraine - CNRS - Centre National de la Recherche Scientifique - INRAE - Institut National de Recherche pour l’Agriculture, l’Alimentation et l’Environnement)
    Abstract: This paper examines the structural and spatial dynamics of patents in France, Germany, Japan, the United Kingdom and the United States. The time series are extracted from international, comparative and historical databases on the long-term evolution of patents in 40 countries from the 17th century to 1945 and in more than 150 countries from 1945 to present (Diebolt and Pellier 2010). We have found strong evidence of infrequent large shocks resulting essentially from the major economic and political events formed by the two World Wars in the 20th century. Our results question the autonomous process, i.e. the internal dynamic of the patent systems. Wars seem to drive innovation and, finally, the very process of economic growth. We further investigated the role of innovation in economic growth through a causality analysis between patents and GDP per capita. Our major findings support the assumption that the accumulation of innovations was a driving force only for France, the United Kingdom and the United States during the post-World War II period.
    Keywords: Comparisons in time and space,Outliers,Causality,Patents,Shock analysis,Cliometrics,Database
    Date: 2022–03–16
  3. By: MOTOHASHI Kazuyuki; IKEUCHI Kenta; KWON Seokbeom
    Abstract: National universities in Japan, which used to be a part of the government, became independent agencies in April 2004. This institutional reform allows patent applications and ownership by each national university (agency) and the number of university patents has increased significantly since then. Active patenting activity at universities could facilitate commercialization of academic outcomes by licensing such outcomes to industry or university startups built on academic patents. However, there may also be negative aspects to university ownership of patents, in the form of obstacles to industrial innovation, and it is argued that academic activities are biased toward application-oriented research, as compared to basic science. This paper addresses the impact of national university ownership of patents on the quantity and quality of university patents. Concretely, we have constructed researcher-level patent data with detail information on affiliation and a DID model is applied to see the change of patent characteristics of national university researchers after 2004. It is found that not only did the numbers of national university patents increase, but the quality, measured by forward citation counts, has improved. The increase in forward citations to national university patents mainly comes from firm citations, so it can be said that the national university reform in 2004 has achieved its objective in terms of increasing the social contributions of academic research.
    Date: 2021–04
  4. By: Kirsty-Lee Sharp (Vaal University of Technology, Vanderbijlpark, South Africa Author-2-Name: Itani Listen Ramuthivheli Author-2-Workplace-Name: Vaal University of Technology, Vanderbijlpark, South Africa Author-3-Name: Bongazana Dondolo Author-3-Workplace-Name: Tshwane University of Technology, Pretoria, South Africa Author-4-Name: Author-4-Workplace-Name: Author-5-Name: Author-5-Workplace-Name: Author-6-Name: Author-6-Workplace-Name: Author-7-Name: Author-7-Workplace-Name: Author-8-Name: Author-8-Workplace-Name:)
    Abstract: "Objective - In an increasingly changing and dynamic South African higher education landscape, institutions must communicate their brand to stakeholders to perceive the institution as offering quality services, to have a loyal stakeholder. However, there seems to be little attention devoted to the influence of brand communication, brand satisfaction and service quality on brand loyalty in higher education, particularly in the Technical and Vocational Education and Training (TVET) sector. Considering this view, and noting that prior research on brand loyalty in the service sector has shown a connection between brand communication, service quality, brand satisfaction and brand loyalty, it is unknown if a similar correlation is found in the South African TVET sector. Therefore, it is necessary to investigate Generation Y students' views of brand communication, brand satisfaction and service quality in the TVET sector throughout the Gauteng Province of South Africa. Methodology/Technique - The variables for the paper were derived from previously established questionnaires. A section of the questionnaire asked students about their views of a TVET's brand communication. Finding - Correlation analysis revealed a substantial association between brand loyalty and the variables that influence it. All had a strong association between brand loyalty and brand communication, service quality and brand loyalty and satisfaction. Additionally, there were substantial correlations between service quality and brand satisfaction and between service quality and brand communication. Correlation coefficients between constructs ranged from 0.294 to 0.781. This demonstrates that these constructs do not correspond to the same concept. Novelty - The results from the pilot study provides preliminary support for the hypothesised relationship between brand loyalty and its predictors. Marketers and service organisations need to recognise that the future patronage of a service organisation depends on loyalty. Type of Paper - Empirical"
    Keywords: Brand Communication; Service Quality; Brand Satisfaction; Brand Loyalty; Training
    JEL: M31 I23 I29
    Date: 2021–12–31
  5. By: Ram Mohan, M.P.; Gupta, Aditya
    Abstract: Trademarks serve as a storehouse of information, assuring consumers about the quality of a product by ensuring that products bearing the trademark originate from a consistent source. The trademark doctrine has accommodated this position as its underlying thesis for several decades, and consumer confusion has served as a touchstone for trademark liability. However, given the configurations of the modern marketplace, trademarks transcend their role as source-identifiers and are framed in the language of relationships rather than transactions. With continuous and consistent use, trademarks can come to signify opulence, luxury, dependability and become cultural icons. The modern trademark doctrine must accommodate these realities of the marketplace while, at the same time, accommodating the flourishing exchange of expressive uses through unauthorized use of trademarks. This push-and-pull has resulted in complete obliteration of what were already obscure boundaries between the expressive and marketing spheres of trademark law. Drawing from the American, English, and European trademark jurisprudence, the present study examines the normative foundations of the modern trademark doctrine. These foundations are then extrapolated to Indian trademark law to create a workable limitation of mutating trademark doctrine through the actionable use requirement.
    Date: 2022–04–19
  6. By: Nora Andira Brabo (Budi Luhur University, Jl. Ciledug Raya, Petukangan Utara, 12260, Jakarta Selatan, Indonesia Author-2-Name: Andri Irmawan Karif Author-2-Workplace-Name: Budi Luhur University, Jl. Ciledug Raya, Petukangan Utara, 12260, Jakarta Selatan, Indonesia Author-3-Name: Setyani Dwi Lestari Author-3-Workplace-Name: Budi Luhur University, Jl. Ciledug Raya, Petukangan Utara, 12260, Jakarta Selatan, Indonesia Author-4-Name: Agus Sriyanto Author-4-Workplace-Name: Budi Luhur University, Jl. Ciledug Raya, Petukangan Utara, 12260, Jakarta Selatan, Indonesia Author-5-Name: Author-5-Workplace-Name: Author-6-Name: Author-6-Workplace-Name: Author-7-Name: Author-7-Workplace-Name: Author-8-Name: Author-8-Workplace-Name:)
    Abstract: "Objective - Brand Xiaomi launched its first smartphone in 2011 and in 2019, Xiaomi become the 4th largest smartphone manufacturer in the world. This extraordinary achievement has brought questions about how their product is marketed and promoted and how consumers are persuaded to buy their products. This study aims to analyze factors that influence consumers purchase intentions in relation to Xiaomi smartphones. The context of the analysis in this study is social media platform, namely Xiaomi official fan page in Facebook, Twitter and Instagram in Indonesia. Methodology/Technique - A survey method is conducted and the respondents were chosen using non-probability sampling with convenience technique. Data wasanalyzed using Structure Equation Model (SEM) with smart PLS (Partial Least Square) software version. Findings - The results show that Brand Page Commitment, Brand Awareness, Electronic WOM, and Brand Image have a significant positive influence on purchase intention for Xiaomi smartphones.Brand Page Commitment of Xiaomi social media has an impact on eWOM, brand image and also consumer purchase intention. Creative content isneeded to keep customers engaged and committed to the Xiaomi social media platforms, such as photo competitions with Xiaomi cameras. Social media allows consumers to post user-generated content (such as online comments, product reviews), thus allow consumers spread the word-of mouth about the product digitally. Novelty - Social media also allowscompanies to have conversations with consumers responding to those who reach out to Xiaomi Brand page through commenting or messaging. Through their Brand Page, a company can execute social media strategies and, if done correctly, it will increase Xiaomi brand image and sales. Type of Paper - Empirical"
    Keywords: Brand Page Commitment; Brand Awareness; Electronic WOM; Brand Image; Purchase Intention
    JEL: M30 M39
    Date: 2021–12–31
  7. By: Aleksandra Parteka (Gdansk University of Technology, Gdansk, Poland); Aleksandra Kordalska (Gdansk University of Technology, Gdansk, Poland)
    Abstract: In this paper we analyse the effects of technological innovation in the artificial intelligence (AI) domain on productivity. We embed the recently released data on patents and publications related to AI into an augmented panel model of productivity growth, estimated for OECD countries, and compared to a non-OECD sample. Our instrumental variables' estimates, accounting for AI endogeneity, provide evidence in favour of the modern (AI) productivity paradox. We show that the development of AI technologies remains a niche innovation phenomenon with a negligible role in the officially recorded productivity growth process. This general result, i.e. the lack of a strong relationship between AI and productivity growth, is robust to changes in the country sample, in the way we quantify labour productivity or the creation of AI technology, in the specification of the empirical model (control variables) or in estimation methods.
    Keywords: technological innovation, productivity paradox, productivity growth, artificial intelligence, patents
    JEL: O33 O47
    Date: 2022–01

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