International Journal of Intellectual Property Management (14 papers in press)
Multi-territorial licensing of rights in musical works for online use in the internal market: Directive 2014/26/EU
by Laura Prieto
Abstract: This paper will consider questions around the Directive 2014/26/EU concerning the multi-territorial licensing of rights in musical works for online use in the internal market, considering the digital economy and the context of the Digital Agenda for Europe and the Europe 2020 Strategy aiming for smart, sustainable and inclusive growth and the article 167 and others of the Treaty on the Functioning of the European Union (TFEU). The paper will consider the need to provide of coordination of national rules to avoid the inefficiencies in the exploitation of copyright and related rights across the internal market, looking for the benefit of rightholders and users, and the need of metadata systems for an effective aggregation of repertories. The paper will also consider the derogation for online music rights required by a broadcaster to communicate or make available to the public its radio and television programmes.
Keywords: intellectual property; copyright; related rights; collective management; digital economy; single market; broadcasting; music; radio; television; multi-territorial licensing; directives; Digital Agenda; online services.
How patent experts create patent breadth
by Karin Beukel
Abstract: Science as an input to patented inventions is a fundamental of economic growth. However, our understanding of how science is transformed into patents is limited. In the present paper I seek to fill this gap by examining the micro-foundations of science-patent transformations. Using an inductive, grounded theory approach to study the transformation of 12 scientific discoveries into patents I recast the relationship between science and patents: I show it as a particular process that affects patent breadth. Exploiting surplus patent breadth depends on the processes of abstraction and cognitive variety, which can be mobilized by patenting experts. The theory is tested using a recently published algebraic interpretive method for examining causal relationships in small-N studies.
Keywords: intellectual property strategy; patent agents; science;.
Intellectual Property: Country-wise trends of contributors and indicators in the knowledge economy
by Ankur Kashyap, P.K. Ghosh
Abstract: The transition of the economy from production based to knowledge focused is in process. This process has revealed two aspects; one is the production or generation of knowledge which could be done through research and the other is the dissemination or transfer of this knowledge to the commercial world. For a company, there are two options, whether to conduct research in-house in the company itself or hire the external agencies for innovation in its products without involving in any research activities. In both the cases, intellectual property needs to be protected through an appropriate tool. The role of Intellectual Property Rights (IPRs) becomes crucial and more important when innovation is derived from research institutes or higher academic institutes. The present study focuses on the role of IP and explores the importance of industrial indicators of IP in different geographic regions. To estimate the degree of responsiveness of the country's financial prosperity to IP, top 15 countries based on their GDP performance in the year 2014 were selected for the present study. We found that there is no single formula for enhancing GDP through IPRs, as the combination of different tools of IPR differs from country to country. The study also provides a conceptual framework which elaborates the role of different factors that are contributing to IP base, which further leads to faster economic growth in knowledge economy.
Keywords: Intellectual Property Right; Knowledge Economy; inter-country comparison.
Measuring Research Efficiency of Higher Academic Technical Institutions of India: A Malmquist Productivity Index Approach
by Akriti Jain, Ruchi Sharma, P. Vigneswara Ilavarasan
Abstract: Purpose: The objective of this paper is to measure the relative research efficiency of scientific departments of Indian higher academic technical institutions and to understand the change in their Total Factor Productivity (TFP) over the period of time. The paper also explores the change in relative research efficiency of different departments and institutes with respect to the change in the type of competitive Decision-Making Units (DMU) and the type of research outputs.
Design/Methodology/Approach: Panel datasets for nine departments of six Indian Institutes of Technology (IITs) have been created for the time period 2009-13. Stochastic Data Envelopment Analysis (DEA) based Malmquist Productivity Index (MPI) model has been used for efficiency measurement due to the presence of panel data with multiple inputs and outputs.
Findings: Results indicate that in inter-IIT comparison, several departments of IIT Bombay (Aerospace Engineering, Electrical Engineering and Physics) and that of IIT Madras (Biotechnology, Chemistry, Mechanical Engineering) outperform similar departments in other IITs for publication output while none of the IITs is on the efficiency frontier for patent output consistently for the given period. In intra-IIT comparison, Biotechnology and Electrical Engineering departments of many IITs outperform other different departments for both patent and publication output.
Keywords: Efficiency; DEA; Malmquist Productivity Index; Universities; Technical Institutions; India; Research; Patent; Publication.
Text Mining as a Facilitating Tool for Deploying Blockchain Technology in the Intellectual Property Rights System
by Ibrahim Alnafrah, Elena Bogdanova, Tatyana Maximova
Abstract: The aim of the study is to introduce a new application of machine-learning techniques (text mining, clustering, and classification) and the Blockchain technology within the intellectual property rights (IPRs) management system. Using such machine-learning techniques facilitates the management process of intellectual properties (IPs) and makes it more efficient. Additionally, using the Blockchain technology for IPRs management purposes enables all stakeholders to utilise the extracted data of the IP objects from the Blockchain network.
In this study, a text-mining technique was used to identify the two types of IP documents based on specific categories, namely, patent and trademark. In order to achieve this objective, a range of machine-learning techniques was used for 5500 patent documents and 400 trademark documents.
The results of the logistic regression model showed a high level of prediction accuracy of document type at the pre-registration stage on the Blockchain network. This high level of prediction accuracy demonstrates that using machine-learning and text-mining techniques will facilitate the IPRs management system.
This new application of specific machine-learning techniques in the IPRs management process contributes essentially to solving the problem in a conventional IPRs system associated with rights protection and data availability.
Keywords: Intellectual Property Rights; Blockchain Technology; Machine-Learning Techniques; Text Mining; Smart contract.
Intellectual Property Rights, complementarity and the firms economic performance
by Liang Guo-Fitoussi, Ahmed Bounfour, Sabrine Rekik
Abstract: This paper analyzes the optimal use of formal Intellectual Property Rights (IPR) at the firm level. We examine the impact of combinations of IPR on the firms productivity in order to study the complementarity or substitution relationship between them. Our data are extracted from two sets of Community Innovation Survey (CIS): CIS IV and CIS 2006. We investigate complementarity (substitution) at two levels: in the context of formal IPR strategies, and when they are combined with other intangible and managerial assets based on both adoption and productivity approaches. Mixed results are found for the complementarity of IPR alone. However, in combination with other activities, there is high complementarity with innovative and innovation cooperation variables. These results suggest that IPR strategies should be combined with other complementarity assets for the optimal appropriation of innovation profits.
Keywords: IPR; innovation; complementarity; substitution; economic performance; intangible assets.
A Critical Analysis of the Advantages Brought by Blockchain Technology to the Global Economy.
by Eva Raquel Porras Gonzalez, Jose Maria Martin Martin, Jose Manuel Guaita Martinez
Abstract: The blockchain distributed ledger technology offers a secure, transparent, verifiable, democratic, decentralized, efficient, and tamper-resistant way to record and transfer data. Now much of the discussion revolves around the attributes that determine its many potential applications as this technology is expected to help transform sectors that are hampered by inefficiencies as well as facilitate the appearance of new business models based on distributed markets and technology. Given this technological revolution has already started, the core objectives of this article are to acquaint the reader with the technology and with the current and latent applications of this innovation while recognizing its potential worldwide economic impact. To accomplish these goals we review the literature encompassing both academic and professional works that refer to the characteristics and properties of the blockchain, its many existent and plausible applications, and the reasons for its anticipated global economic repercussions.
Keywords: blockchain; Bitcoin; cryptocurrency; global economy.
Reporting on IPRs protection issues by biopharmaceutical companies
by Joanna Dyczkowska, Ricardo Luiz Sichel
Abstract: Due to quick development of proprietary methodologies, systems or technologies pharmaceuticals & biotechnology industry requires a variety of IPRs protection mechanisms. Going forward, the complex R&D projects and their long-term character impose a necessity of transparency concerning IPRs protection. Stakeholders should not be provided with a misleading impression about the protection breadth, the likelihood of patent grant or the ability of the company to enforce its patent rights. The paper explores and analyses the critical IPRs protection issues disclosed by European biopharmaceutical companies in the narrative parts of their annual reports. These critical issues refer to IPRs protection strategy, risk and mitigation policies, R&D and IPRs regulatory framework, patent portfolio, infringements or litigations, and exclusive rights. The examination of disclosure practices proved that the IPRs protection-related risks and exclusive rights were the most frequently reported areas. Numbers of patents granted were disclosed by 40% of companies. Every third examined entity discussed the IPRs protection strategy, R&D and IPRs regulatory framework, mitigation policies regarding IPRs protection-related risks as well as patent infringements or litigations, whereas only 1/4 of the sample disclosed its patent portfolio. The study evidenced that 37% of companies applied substandard disclosure policies. Reporting standards in half of the examined sample were assessed as moderately satisfactory, while in less than 14% of entities disclosure levels were seen as high.
Keywords: biopharmaceutical companies; intellectual property rights; research and development; voluntary disclosure.
Speeding up Ventures A Bibliometric Analysis of Startup Accelerators
by Maria Guijarro-Garcia, Agustin Carrilero, Jose Fernando Gallego-Nicholls
Abstract: The purpose of this study is to give an account of the state of the art of research on startup accelerators, to identify extant trends and gaps in the literature, and to inform future research. A bibliometric method was used to analyze the characteristics, achievements and shortcomings of the body of research on startup accelerators reported in this study, as well as the approaches to research used in the different studies reviewed. We report on 21 articles on startup accelerators indexed in the Web of Science database for the period 2010 - 2019. The results of this analysis show few articles on startup accelerators indexed on the Web of Science, theoretical voids, fragmented approaches to research and coincidental views and findings among studies on core aspects of the startup accelerator phenomenon. Research reported in the Web of Science primarily focuses on Corporate Accelerators. We hypothesize that scarcity of literature and theoretical voids may be due to the novelty of the startup accelerator phenomenon and its overlapping with business incubators. Startup accelerators are an emerging mechanism to fund and accompany nascent companies throughout their product development, customer discovery and business model design phases. However, the newness of this phenomenon might be the reason for such little research reported in this field. Consequently, organizing and presenting some of the most recent and indexed work will hopefully simplify and guide future research and decision-making in this field. Additionally, this bibliometric analysis can help librarians provide students interested in starting and funding their startups with a compilation of the most recent research and guide them in the options available and their trade-offs.
Keywords: entrepreneurship; startup accelerator; incubator; bibliometric analysis; angel investors; corporate accelerators; venture capitalists; Web of Science.
Considerations on the Governance of Open Data an Institutional Economic Perspective
by Michael Litschka, Tassilo Pellegrini
Abstract: This paper lays some theoretical foundations for considering the governance of Open Data as a specific form of intellectual property management. It aims at enhancing critical understanding of, and research on Open Data to facilitate communication between policy makers, organizational agents, academics, and managers, thus contributing to recent developments in the research on open knowledge commons and different licensing systems. The paper uses a literature survey (especially the perspective of institutional economics within media economics) as theoretical foundation and constructs a simple model for governing open data. Based on commodity theory considerations, the authors develop a classification that highlights the special properties (and possible negative consequences) of Open Data as club goods and non-depletable commons. Open Data has implications that facilitate market concentration, even though these mechanisms tend to be obscured by the ostensible non-commercial and public-good character of Open Data initiatives. Consequently, the authors argue that enhanced governance principles which also take into account the widely neglected competition effects of Open Data are required for the appropriate management of Open Data and intellectual common pool resources (or non-depletable commons) and suggest a three-layer governance model for Open Data that includes politics, policies, and licenses. By referring to institutional economic research and Elinor Ostroms governance considerations for commons, we show that if a governance and incentive model needs to be developed for the micro, meso and macro layer of the media economy and media companies, it must include the core concepts of "trust", "transparency", "communication" and "sanctions".
Keywords: open data; common pool resources; knowledge commons; governance of open data; institutional economics; media policy; intellectual property management; commodity theory; market concentration; governance principles; governance model.
A review of Intellectual Property Management practices using Qualitative Comparative Analysis (QCA)
by Rocio De La Torre, Cristina Alcaide-Muñoz, Andrea Ollo-López
Abstract: The use of multiple-case studies has become a recurrent research strategy among researchers in social sciences and related disciplines. During the last decades, several comparative case analysis techniques have been developed, qualitative comparative analysis (QCA) being one of the most useful as a tool that, either alone or in combination with other methodologies allows the interpretation of complex phenomena. Although there is an extant literature using QCA in the field of political sciences and sociology, in recent years we have witnessed a growing number of studies applying this technique to fields such as political economy, management studies and criminology. Special attention is increasingly paid to expanding knowledge in Intellectual Property Management (IPM). This study examines the existing literature regarding QCA, including its uses, combinations and diffusions. In addition, we identify current trends in IPM, and how researchers address this research topic by means of QCA.
Keywords: Qualitative Comparative Analysis; Intellectual Property; knowledge management; innovation; entrepreneurship; collaboration agreements.
Capacity development for intellectual property management in Canadian crop biotechnology
by Nael Thaher, Helen Hambly Odame, Victoria Henson-Apollonio
Abstract: This paper examines capacity development approaches for intellectual property (IP) management in agricultural research and development (R&D). It identifies the major barriers, attitudes, skills and know-how needed by technology transfer specialists. The exploratory study collected data using a modified Delphi technique. The method involved two rounds of brainstorming by participants followed by their ranking of weighted and collated findings. In Round One, responses were collected from the expert group on a set of open-ended questions grouped according to thematic categories. In Round Two, respondents scored anonymous, collated responses based on their perceived importance using a five-point Likert scale. Most responses identified by the expert group were rated important and very important with a mean ranging from 4 to 5. The findings indicate that there is an identified need by the expert group for capacity building in IP management for improved agricultural R&D in Canada.
Keywords: agricultural research and development; capacity development; crop biotechnology; Likert scale; modified Delphi method; intellectual property rights; intellectual property management; public research institutions; qualitative analysis; technology transfer.
IMPACT ASSESSMENT AFTER THE FIRST YEAR OF THE NEW SPANISH PATENT LAW
by Jorge Carbonell-Olivares, Antonio Hidalgo, Gerardo Penas
Abstract: The new Patent Law 24/2015 has produced a revision and an update of the invention protection system in Spain. This new legal framework aims to modernize and adapt the system of granting patents to the most developed countries and to promote a quality patent system that helps the internationalization of companies. The article analyzes the impact of a set of indicators, at quantitative and qualitative levels, in the short period of time that has elapsed since the entry into force of the new law, and has allowed identifying some trends that should be studied in the next years. From a quantitative point of view, there has been a decrease in the number of patent applications. Nevertheless, from the qualitative perspective, it can be affirmed that the objectives related to the increase in the quality of patent applications established in the new Patent Law are being met.
Keywords: Patents; Spanish patent law; utility models.
Benefits and Effects of Intellectual Property Rights
by Christian Stauf, Michael Horeth
Abstract: Intellectual Property Rights (IPRs) are considered to be a severe tool to protect an enterprises product, process or service. However, solely the protection does not necessarily lead to a cash flow, which can be appropriated by the owner of the respective protection right. The paper aims to clarify how protection instruments may affect the appropriation of innovation revenues and thereby provides insights into the beneficial effects of IPRs for enterprises, if they are applied adequately. Furthermore, the aim is to analyse the multifunctionality of IPRs and their various effects as tools for appropriating innovation revenues. The paper shows that the ownership of IPRs does not lead to an automatic increase of revenues. It is rather the in-depth understanding of the different effects of IPRs, which are not restricted to proprietary protective measures, to enable enterprises to optimally appropriate innovation revenues.
Keywords: Effects of Intellectual Property Rights; Product innovation; Intellectual Assets; Intellectual Capital Management; Benefits by using Intellectual Property Rights; Intellectual Property.