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The essential guide to intellectual property
This engaging and accessible study looks at the origins, evolution, purpose, and limitations of intellectual property. Detailing how intellectual property affects industry, politics, cultural expression, and medical research, Aram Sinnreich takes a multidisciplinary approach to uncover what's behind the current debates and what the future holds for copyrights, patents, and trademarks. Based on the notion that intellectual property law is not merely a property right but also a mechanism of cultural and economic regulation with significant consequences for democratic institutions, global businesses, arts, and the sciences, Sinnreich draws on media studies, communications, law, economics, and cultural studies as he provides a blueprint for understanding intellectual property rights and underlines the important and pervasive role that they play in everyone's lives.
Book
Navigating intellectual property
The push towards research commercialisation at universities has highlighted the importance of intellectual property (IP) policies in fostering innovation and guiding and managing research commercialisation activities. This paper undertakes a content analysis of intellectual property policies of all (37) Australian public universities, focusing on policy objectives, definition of IP, ownership of IP created by different creators, and distribution of net commercialisation revenues. It is found that all universities assert ownership over staff-created IP, particularly when related to employment or utilisation of university resources. For students, policies tend to balance their rights with university interests, with nuanced approaches for different types of student participation, but the focus of most policies was on postgraduate students engaging in research activities. While some policies had clear arrangements for IP created by visitors and affiliates and Indigenous cultural and intellectual property (ICIP), about a quarter of policies did not specify arrangements for these groups. Revenue sharing arrangements vary but generally award something between a third to a half of net revenue to creators, to both acknowledge their contribution and incentivise further innovation. Policies included a broad spectrum of objectives, from protecting and commercialising IP to fostering innovation and societal benefit, reflecting varying strategies across the higher education sector. Policies could benefit from further clarity in certain areas such as the rights of students or other creator groups. Research is needed to assess the effectiveness of these policies and their influence on innovation and commercialisation activities.
Journal Article
Intellectual Property Rights Protection, Ownership, and Innovation: Evidence from China
Using a difference-in-differences 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.
Journal Article
An institution-based view of global IPR history
Leveraging the use of history to advance international business research, this article focuses on the crucial debate over intellectual property rights (IPR) between the United States and China. Ironically, during the 19th century the United States was not a leading IPR advocate as it is today, but was a leading IPR violator. Developing an institution-based view of IPR history, we identify three underlying theoretical mechanisms that help to explain IPR in the two countries - path dependence, long-term processes, and institutional transitions. We argue that both the US refusal to protect foreign IPR in the 19th century and the current Chinese lack of enthusiasm to meet US IPR demands embody rational responses to their respective situations. However, given long-term processes with intensifying ¡somorphic pressures, institutional transitions in favor of better IPR protection are quite possible. Finally, going above and beyond these two countries, we draw on the IPR history in over ten other countries to develop a more globally generalizable framework, which in turn contributes to the key question of how history matters.
Journal Article
Implementing the World Intellectual Property Organization's development agenda
Contributed articles.
Book
The Law and Economics of Intellectual Property in the Digital Age
This book explores the economic analysis of intellectual property law, with a special emphasis on the Law and Economics of informational goods in light of the past decade’s technological revolution. In recent years there has been massive growth in the Law and Economics literature focusing on intellectual property, on both normative and positive levels of analysis. The economic approach to intellectual property is often described as a monolithic, coherent approach that may differ only as it is applied to a particular case. Yet the growing literature of Law and Economics in intellectual property does not speak in one voice. The economic discourse used in legal scholarship and in policy-making encompasses several strands, each reflecting a fundamentally different approach to the economics of informational works, and each grounded in a different ideology or methodological paradigm.
This book delineates the various economic approaches taken and analyzes their tenets. It maps the fundamental concepts and the theoretical foundation of current economic analysis of intellectual property law, in order to fully understand the ramifications of using economic analysis of law in policy making. In so doing, one begins to appreciate the limitations of the current frameworks in confronting the challenges of the information revolution. The book addresses the fundamental adjustments in the methodology and underlying assumptions that must be employed in order for the economic approach to remain a useful analytical framework for addressing IPR in the information age.
Professor Eli M Salzberger was the Dean of the Faculty of Law at the University of Haifa and the President of the European Association of Law and Economics. His research and teaching areas are legal theory, economic analysis of law, legal ethics, and the Israeli Supreme Court.
Niva Elkin-Koren is the Dean of the University of Haifa Faculty of Law and the founding director of the Haifa Center for Law & Technology. Her research focuses on the legal institutions that facilitate private and public control over the production and dissemination of information. Their first co-authored book Law, Economic and Cyberspace was published by Edward Elgar in 2004.
Part 1: Intellectual Property, Law and Economics Introduction 1. Introduction to Law and Economics 2. The Rise of Intellectual Property Part 2: Normative Analysis 3. The Incentives Paradigm 4. The Proprietary Model of Intellectual Property Part 3: Central Intervention and Private Ordering 5. Intellectual Property and the Rise of Private Ordering 6. Intellectual Property in the Digital Era: Economic Analysis and Governance by Technology Part 4: Positive Analysis 7. A positive Analysis of Intellectual Property Law
eBook
Human rights and intellectual property : mapping the global interface
\"This book explores the interface between intellectual property and human rights law and policy. The relationship between these two fields has captured the attention of governments, policymakers, and activist communities in a diverse array of international and domestic political and judicial venues. These actors often raise human rights arguments as counterweights to the expansion of intellectual property in areas including freedom of expression, public health, education, privacy, agriculture, and the rights of indigenous peoples. At the same time, creators and owners of intellectual property are asserting a human rights justification for the expansion of legal protections. This book explores the legal, institutional, and political implications of these competing claims: by offering a framework for exploring the connections and divergences between these subjects; by identifying the pathways along which jurisprudence, policy, and political discourse are likely to evolve; and by serving as an educational resource for scholars, activists, and students\"-- Provided by publisher.
Book
Foreign actors and intellectual property protection regulations in developing countries
International agreements and institutions affect innovation in developing countries. We analyze the impact of advanced country multinational enterprises (AMNEs) and supranational organizations on the regulatory adoption of global intellectual property protection standards. In particular, we investigate 60 developing countries that signed the Trade-relate Aspects of Intellectual Property Rights (TRIPS) agreement of the World Trade Organization in 1994. Our empirical findings show that a greater involvement of AMNEs in the domestic innovation systems of developing countries results in more stringent TRIPS adoption and convergence to advanced country IP protection standards. This relationship is positively moderated by country dependency on supranational organizations such as the International Monetary Fund. This analysis contributes to the literature on institutional change and institutional voids. It provides insights into the influence of external actors on the underlying change processes.
Journal Article