International Journal of Intellectual Property Management (23 papers in press)

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  Unfair competition and the legal protection of the unregistered scent marks in UAE: a comparative study ( Free Full-text Access )

  by Mohamed Morsi Abdou 
  Abstract: This article presents a new systematic analysis of the effectiveness of an unfair competition claim in the UAE for protecting the unregistered scent mark. The main aim of this article is to discuss the specificity of an unfair competition claim for civil protection of unregistered scent marks. This objective will be achieved by: 1) an analysis of the requirements for filing an unfair competition lawsuit; 2) discussing the difficulties in the registration of scent mark; 3) presenting the provisions of the UAE jurisdictions concerning the unfair competition lawsuit; 4) concluding the most important acts of unfair competition related to the scent mark. In this context, it is particularly important to analyse the specific aspects that should be taken into consideration when applying an unfair competition lawsuit to protect the legitimate interest of the owner of the unregistered scent mark. The article concludes that the judiciary in UAE should play a prominent role in protecting the unregistered scent mark used by national and foreign investors until the intellectual property laws settle on the mechanism for registering this type of unconventional mark.
  Keywords: scent mark; unfair competition; compensation; liability; UAE.
  DOI: 10.1504/IJIPM.2024.10067027
   
  
• Innovation Capabilities with Strategic Orientations towards Firm Performance in Technology Based Organizations: The Managerial Implications for Future of Business  
  by Avinash Pawar, Balkrishan Sangvikar, Retno Purwani Setyaningrum, Henry Loupias, Denok Sunarsi 
  Abstract: Information technology is the most innovative and fastest-growing industry in the world. In this context, this paper aims to discover the mediating role of innovation capability on the dimensions of strategic orientations and its outcomes in the performance of information technology firms in India. Moreover, it also explains the relevance of adopting innovative endeavours by high-tech information technology firms. The data is collected through the questionnaire. The study finds that innovation capability plays a predominant role in enhancing entrepreneurial and technological orientation behaviours to lead efficacious performance firms. In contrast, marketing orientation does not augment its long-term growth even in the presence of intervening variables of innovation capability in information technology. The outcome of this study helps in fostering a culture for innovation while considering the dynamics of the interactions in the dimensions of a firms strategic orientation behaviours for realizing superiority in its performance for success.
  Keywords: business innovation; strategic orientation; technological orientation; entrepreneurial orientation; marketing orientation; innovation capability; firm performance; information technology firms.
  DOI: 10.1504/IJIPM.2021.10041684
   
  
• Reporting and disclosure of intellectual capital: a literature review  
  by Shilpa Bhide 
  Abstract: The objective of the paper is to review the literature on the measurement methods, valuation, and disclosure (reporting) of intellectual capital. Research papers from 1998 to 2021 were collected, studied, and classified into relevant and non-relevant for the present study. Out of 150 research papers, 91 papers were identified and studied in detail, out of which around 64 research papers appear in the literature review. The results of the literature review were that it was observed in many cases the disclosures are voluntary and there seems to be no harmonisation in the disclosure requirements. Disclosure and reporting can help in decision-making to the stakeholders, even if the measurement and valuation are difficult. It can also be observed that in different types of businesses the degree of reporting and disclosures are different and influences the profit and the firms financial performance, making it an important component of disclosures and reporting.
  Keywords: intellectual capital; valuation; measurement; disclosure; reporting; firm performance.
  DOI: 10.1504/IJIPM.2022.10047184
   
  
• IP management of an academic institute: a case study of an Institute of Eminence from India  
  by Priyadarshini Singh, Gouri Gargate 
  Abstract: Intellectual property (IP) is one of the key assets and empowers an organisation. It helps the organisation to realise the value of an IP associated with it. Academic and research institutes have capability to generate various forms of IP. However, in developing countries, these academic and research institutes are not always well equipped to identify and efficiently manage IP. In India, Institutes of National Importance (INIs) including Institute of Eminence (IoE) have recognised the importance of IP and developed their intellectual property management system (IPMS). This paper focuses on IPMS of one of Indias IoE. Authors have applied an IPM audit model to understand various IPM processes followed by an IoE to channelise resources for generating revenue through IP. Case study methodology is employed for this study.
  Keywords: innovation; intellectual property; technology transfer; incubators; start-ups; IP management; IP audit; India.
  DOI: 10.1504/IJIPM.2022.10047856
   
  
• Road safety and patents: a study for sustainable development  
  by Soumya Prakash Patra 
  Abstract: Cross-functional application of legal principles in technology is rare but necessary. Technologies now have cross-functional roles in various research areas. For instance, in the automotive field, efforts to develop safer technologies by integrating learnings from embedded systems, IoT, etc. are ongoing. Balancing public interest in making technologies affordable and commercial interests of innovators is necessary when implementing such inventions in big markets. In this regard, legal jurisprudence and technological learnings from the management of telecom patents by SSOs under FRAND can be followed in other areas such as automotive safety systems. This article proposes a sui-generis model for regulating standard essential patents (SEPs) in the automotive domain and explores legal reasoning for legislation that balances private and public interests in developing economies like India.
  Keywords: standard essential patent; SEP; patents; automotive standards; antilock brake systems; ABS; combined brake systems; CBS; standardisation.
  DOI: 10.1504/IJIPM.2023.10056769
   
  
• Economic intellectual growth significance and youth unemployment: a cross-country analysis (20002023)  
  by Mengyang Gu, Xingmei Hu, Xiaolin Ma 
  Abstract: The study presents a dynamic interaction between the pace of intellectual economic growth and youth unemployment in four countries: Brazil, South Africa, Germany, and the USA. The analysis spans 23 years, from 2000 to 2023. A deeper study of secondary data gathered from reliable worldwide sources is investigated in this research project using the quantitative research approach. According to the data, youth unemployment was predicted and influenced by economic growth at different times. The influence of major variables, such as the inflation rate, wage levels, and foreign direct investment (FDI), varied among the countries. Unexpectedly, South Africas GDP growth rate correlates adversely with youth unemployment, while foreign direct investment correlates positively. The Brazil analysis identified no significant predictors, suggesting other variables may affect the model. The study employs regression models and Granger causality tests to find trends, correlations, and probable causal links between economic indicators and teenage labour market outcomes. Pre-processing and data extraction with STATA organise and purify data for research analysis.
  Keywords: youth unemployment; economic intellectual growth; cross-country analysis; inflation; foreign direct investment; FDI; gross domestic product; granger causality.
  DOI: 10.1504/IJIPM.2024.10065298
   
  
• Disruptive innovation and digital economy: antitrust practices and legal challenges  
  by Sherin Priyan, Gouri Gargate 
  Abstract: Disruptive innovation has complicated the innovation competition debate due to its fundamental nature of changing consumer markets and their choices. In this paper, the authors have focused on the scope and extent of disruptive innovation, the effect on the existing market players (incumbents), and the role of the digital markets in increasing the frequency of disruptive innovation. The authors have considered the role played by disruptive incumbents, mainly the big tech companies, and the treatment of the regulatory authorities toward such business practices. In analysing this, the authors have considered the USA, EU, and India merger control practices. Doctrinal research methodology is used for this research.
  Keywords: disruptive innovation; incumbent firms; digital disruptions; abuse of dominant position; market definition.
  DOI: 10.1504/IJIPM.2024.10066390
   
  
• Challenges in commercialisation of protected university agricultural research outputs: a review in the context of global hunger and the Kenyan experience  
  by Amos Arumba Nyameino, Amos Saurombe 
  Abstract: Universities are becoming actively involved in protecting their agricultural innovations due to the growing need for sustainable food systems (SFS) and the demand for solutions to global challenges. They have established technology transfer offices (TTOs) to facilitate the protection and commercialisation of research outputs generated at their universities. However, the agricultural sector encounters various challenges that significantly impact uptake of agricultural research outputs. The present study was undertaken in Kenya, where severe droughts have occurred. Findings indicate that while there is an increase in IP protection for innovations generated at the universities, there remains a need for increased commercialisation of this IPs. This study used a quantitative methodology to assess the collected data, and the result indicate that academic institutions prioritise teaching and do not promote the commercialisation of academic research outputs. The study thus recommends that universities establish industrial hubs and streamline administrative procedures to reduce bureaucratic barriers.
  Keywords: agriculture; climate change; patents; innovations; universities; intellectual property management; commercialisation of patents; research outputs; sustainable food systems; SFS.
  DOI: 10.1504/IJIPM.2024.10066939
   
  
• Intellectual property management and strategy: a review  
  by Ajay Kumar Samariya, Shweta Bahl, Dheeraj P. Sharma 
  Abstract: Intellectual property management and strategy (IPMS) are crucial for safeguarding innovations and driving technological advancements in todays knowledge-centric information economy. However, with the diverse facets of intellectual property rights (IPRs) such as patents, copyrights, and trademarks, there are varying strategic approaches and challenges across the different business domains. This research delves deep into a systematic literature review on IPMS spanning two decades (2003-2023). By employing rigorous bibliometric techniques, we systematically analyse and examine relevant literature to uncover key insights. Our exploration unveils that the literature focus saw a shift in the initial decade, witnessed strategies such as value creation and utilising intellectual properties (IPs) as drivers for the expansion of businesses; the second decade shifted the discourse to developing appropriation strategies, the changing perspectives, and the skilful navigations of the complex legal framework about IPs. Additionally, we enrich the discourse on IP evolution from legislative frameworks to modern strategic management. Our research paves the way for new directions in investigation, focusing on the complex dynamics of IPMS.
  Keywords: intellectual property management; strategy; systematic literature review; bibliometric analysis; open innovation; appropriation strategies; non-market strategies; CiteSpace.
  DOI: 10.1504/IJIPM.2024.10067024
   
  
• Why a product classification system for geographical indication protection is important  
  by Miranda Risang Ayu Palar, Helitha Novianty Muchtar, Rahmanisa Purnamasari Faujura, Mieke Namira Fuadi, Siti Syafa Naila Arsyad 
  Abstract: This article argues that the establishment of a special product classification for geographical indication (GI) in the intellectual property (IP) legal system is important to make the registration process easier and more comprehensive. This article explains arguments in favour to the establishment of GI product classification and aims to propose a model of GI product classification that may be applicable for different countries. Data in this article were obtained by qualitative research. Descriptive analysis and legal comparison were used to explore the arguments about the importance of GI product classification. An exploratory approach was used to compose a single model of GI product classification system. The research results show that establishing GI product classification is important because of administrative, substantive and specific reasons. Unlike classifications for trademarks, patents or industrial designs registration systems, classification for GI is likely to have more substantial significance rather than merely administrative.
  Keywords: geographical indication; product classification; intellectual property.
  DOI: 10.1504/IJIPM.2024.10067157
   
  
• Two sides of the same coin: the Darjeeling tea saga and the need to reform the legal protection of geographical indications  
  by Aneela Fatima, Nikolaos Voutyrakos 
  Abstract: The TRIPS Agreement provides a minimum standard of protection for geographical indications (GIs) concerning rural nations. This paper explores the intricate dynamics of the international protection of GIs through trademark protection, sui generis protection, and international treaties, which are an integral part of the IPR legal arsenal, fostering equitable competition and instilling confidence in consumers. This debate is culminated in the Darjeeling tea saga, which aptly illustrates the challenges that rural nations such as India may have while pursuing GI protection. This paper aims to comprehensively evaluate the effects of trademark protection and sui generis protection on the relevant stakeholders including producers, consumers, local economies, and international commerce at large. The ultimate goal is to provide policymakers, legal practitioners, and stakeholders with insights into the complex factors that must be taken into account when safeguarding GIs in the contemporary global market.
  Keywords: geographical indications; Darjeeling tea; sui generis; trademark; India; certification mark; TRIPS Agreement.
  DOI: 10.1504/IJIPM.2024.10067680
   
  
• A study on the relationship between inventors challenging work experiences, personality, creativity and high-quality patents  
  by Gao Yuan, Rahimi Abidin, Faisal Zulhumadi 
  Abstract: Securing high quality patents has become challenge for modern businesses. The emerging businesses require high quality patent for their products which is improved with creativity. The purpose of the current study was to measure the relationship between inventors challenging work experience, personality, creativity, and high-quality patents. This research has been conducted on the firms in Jiangsu, China. The population of this study was R&D personnel who hold formal positions in the companies working in Jiangsu. The study used a Likert scale questionnaire to collect data, and purposive sampling was used. Partial least square-structural equation model (PLS-SEM) was used in this study to measure the results using Smart PLS 3. The study contributes to gaps in literature by explaining the relationships between inventors challenging work experience, personality, creativity, and high-quality patents. The study recommends the importance of inventors challenging work experience, personality and creativity for high quality patents.
  Keywords: high-quality patents; inventor working; work experience; inventor creativity; patent management.
  DOI: 10.1504/IJIPM.2024.10067749
   
  
• A tale of two systems: comparative intellectual property rights management in T  
  by Esra Dundar Aravacik, Serhat Burmaoglu 
  Abstract: This study conducts a comparative analysis of intellectual property rights management (IPRM) between T
  Keywords: intellectual property rights management; legal framework; IPRM policy; Türkiye; USA; innovation ecosystem.
  DOI: 10.1504/IJIPM.2024.10068015
   
  
• Cybersecurity: practices and implementation of song or music copyright royalties on digital platforms in Indonesia  
  by Tasya Safiranita Ramli, Riyana Sabina, Rifa Elvaretta Khansa, Ahmad M. Ramli 
  Abstract: The music industry has undergone significant transformation since the early 21st century, driven by the emergence of digital technology such as music streaming platforms and online music stores. While these developments have brought considerable benefits to copyright owners and listeners, they have also presented new challenges related to cybersecurity and copyright protection. In Indonesia, the establishment of the National Cyber and Encryption Agency (BSSN) and cybersecurity regulations demonstrates the governments commitment to addressing these threats. However, there are still unresolved copyright violations, particularly with regard to song copyright royalties on digital platforms. Utilising an adapted approach method, which employs a normative juridical approach, this journal aims to illuminate the need for further efforts in developing regulations to address differences in rules and copyright mechanisms on global digital platforms. Additionally, it emphasises the importance of strengthening cybersecurity practices to combat piracy and maintain the sustainability of legal business models in the music industry. By exploring the financial, emotional, and reputational impacts of royalty violations, this journal provides a comprehensive understanding of the urgency of copyright protection and cybersecurity in maintaining the stability of the music industry in the digital era.
  Keywords: cybersecurity; royalties; song or music copyright; digital platforms.
  DOI: 10.1504/IJIPM.2024.10068017
   
  
• From ideas to management: a bibliometric perspective on intellectual property rights management research  
  by Esra Dundar Aravacik, Serhat Burmaoglu 
  Abstract: In a rapidly evolving technological landscape, intellectual property rights management (IPRM) has become crucial for innovation and competitiveness. This study explores the conceptual evolution and trends, cognitive background, and collaborative dynamics of IPRM from 1991 to 2023. It identifies a significant increase in IPRM publications since 1997, peaking in 2019, highlighting its growing relevance in engineering and life sciences. Keyword analysis reveals expanded focus areas including intellectual property, patent management, blockchain and open innovation, with intellectual property central in co-word and trend analysis linked to innovation and technology transfer. This underscores the strategic role of IP in fostering innovation. Additionally, the co-citation analysis findings advocate for an integrated approach to IPRM, reflecting its evolution towards strategic management and emphasising the importance of collaborative and non-traditional innovation models. This research is pivotal for shaping future technology analysis and management strategies, highlighting the strategic imperative of IPRM in a connected world.
  Keywords: intellectual property rights management; IPRM; intellectual property; management; strategic management of intellectual property; patent; innovative technologies; intellectual property rights; IPR.
  DOI: 10.1504/IJIPM.2024.10068372
   
  
• Intentions to upgrade software: evidence from Microsoft Windows users  
  by Thuy Dung Pham Thi, Nam Tien Duong 
  Abstract: In the business market, planned obsolescence is a marketing strategy employed by manufacturers to encourage consumers to purchase new products through frequent design updates and discontinuation of product maintenance and updates, thereby generating more profits. Therefore, this study adopts a perspective of planned obsolescence and integrates it with the push-pull-mooring model to establish a model for operating system upgrades and explore users intentions towards both genuine and pirated upgrade options. A questionnaire was administered to 296 Windows users, and the proposed model and hypotheses were validated using the PLS statistical software. The results indicate that planned obsolescence positively influences intentions for both genuine and pirated upgrades. Subjective norms and relative advantage positively influence users intentions to upgrade to genuine versions, while switching costs increase intentions for pirated upgrades and negatively influence intentions for genuine upgrades.
  Keywords: upgrade; windows; obsolescence; planned; intentions.
  DOI: 10.1504/IJIPM.2024.10068662
   
  
• Evolving copyright paradigms in the age of live streaming in music and video piracies  
  by Aranya Nath, Gautami Chakravarty 
  Abstract: Modern technology, including artificial intelligence and chatbots, has revolutionised our lives, but it also has its downsides. Creativity and innovation are crucial for civilisations, and copyright protection is essential for preserving scientific and creative works. However, the COVID-19 pandemic has led to a surge in digital piracy, with illegal installations of taped broadcasts on user upload platforms (UUPs) causing a surge in piracy. In India, circumvention is considered a standalone violation despite copyright provisions and criminal penalties being provided for those who violate Digital Rights Management (DRM). Fair use acts are not punishable by law, and manufacturers and providers of DRM circumvention technology are not liable. This lack of enforcement hinders intellectual property rights progress and the digital ages growth. Comparative analysis of other countries laws is necessary to improve security in the digital age.
  Keywords: copyright law; live streaming piracy; content protection; digital rights management; streaming platforms.
  DOI: 10.1504/IJIPM.2024.10068710
   
  
• Harmonising the see-saw of conflicts: mitigation of regulatory clashes for enhancing cooperation between CCI and IP authorities  
  by Latika Choudhary, Aratrika Deb 
  Abstract: The Competition Commission of India (CCI), established in 2002, ensures fair competition and competitive neutrality. Alongside, sector-specific regulators address technical issues and align objectives with broader economic goals. Collaboration between CCI and these regulators is emphasised but often hindered by jurisdictional ambiguities. While sectoral regulators focus on structural issues, CCI examines post facto behavioural aspects to foster economic growth. Intellectual property regulation is one area where sectoral regulators lack competition-specific guidelines, risking overregulation and stifling competition. CCIs role in penalising anti-competitive behaviour and offering settlements, absent in IP authorities, is crucial for addressing such conduct in IP-intensive sectors. Effective enforcement of competition laws requires alignment between CCI and IP regulators. This paper examines jurisdictional conflicts between CCI and IP authorities, proposing approaches for harmonised efforts to address anti-competitive behaviour, ensuring economic goals like public goods distribution and employment generation are not adversely affected.
  Keywords: anti-competitive; IP&Competition; jurisdictional conflict; Competition Commission of India; CCI; harmonising efforts.
  DOI: 10.1504/IJIPM.2024.10068750
   
  
• Brand protection in Indias digital economy: trademarks vs. competition regulation  
  by Ipsita Das, Aranya Nath, Anusuya Ghosh, Anas Mhanna 
  Abstract: The digital economy in India has significantly impacted brand protection, with the need for robust trademark protection intensifying to combat issues like counterfeiting, cybersquatting, and unauthorised use. Competition regulation aims to ensure fair market practices, prevent monopolistic behaviour, and foster innovation. This study examines the legislative and judicial framework governing trademarks in India, highlighting key provisions under the Trade Marks Act, of 1999, and their application in the digital context. It also assesses the role of the Competition Commission of India (CCI) in addressing anti-competitive practices. The study identifies tensions and synergies between trademark protection and competition regulation, examining how digital platforms, e-commerce, and social media influence these legal domains. Comparing the study with jurisdictions like the EU and the USA, the paper proposes a balanced approach that harmonises trademark enforcement with competition law principles to ensure brand protection efforts do not stifle competition and innovation in Indias burgeoning digital economy. Recommendations include policy reforms, enhanced cooperation between regulatory bodies, and the adoption of technology-driven solutions to safeguard brands while promoting a competitive and fair digital marketplace.
  Keywords: brand protection; trademarks; competition regulation; Indian digital economy; intellectual property rights; IPR; e-commerce; digital marketplaces; competition law.
  DOI: 10.1504/IJIPM.2024.10068752
   
  
• Catalysing circularity: tackling intellectual property barriers to technology transfer and circular solutions in developing economies  
  by Latika Choudhary, Hardik Daga 
  Abstract: The imperative for transitioning to a circular economy is widely acknowledged as urgent. While the problems related to this transformation may differ among nations, it is crucial to perceive them as opportunities. One of the many challenges to this transformation is the significant lack of appropriate technologies. Facilitating the transfer of technology is becoming an essential requirement. Nevertheless, there are ongoing difficulties related to matters of ownership and the effective transfer of information, comprising both explicit and implicit or tacit knowledge. Given these difficulties, this study intends to offer practical insights and effective remedies for managing the obstacles of moving to a circular economy by systematically exploring options related to technical transfer, ownership delineation, and knowledge dissemination. By elucidating pathways to surmount these hurdles, this research endeavours to contribute to the advancement of circular economic paradigms on a global scale.
  Keywords: circular economy; technology transfer; tacit knowledge; knowledge leakage; IP ownership.
  DOI: 10.1504/IJIPM.2024.10068905
   
  
• Beyond marketing: the motivation and challenge chapters behind Kumamons trademark management  
  by Chi-Fong Feng, Yu-Chan Chiu, Li-Chun Huang 
  Abstract: This study explores the unconventional trademark management strategies used by the Kumamoto Government to manage Kumamon, a mascot with widespread popularity in Asia, the US, and Europe. We investigate the motivations behind the governments shift in its trademark portfolio, focusing on the influence of collective intelligence (CI) in shaping these decisions. Through qualitative document analysis, we assess the role of CI, stakeholder collaboration, and legal factors in the Kumamoto Governments trademark strategy. Our findings reveal that CI significantly impacted these trademark decisions, while also identifying legal and business challenges related to rights ownership, estoppel, and trademark ownership. This research broadens the discussion beyond traditional marketing, contributing to the understanding of how CI affects brand image in the digital age. It also highlights the legal complexities of collaboratively created intellectual property, offering new insights into marketing management.
  Keywords: collective intelligence; Kumamon; ownership; trademark management.
  DOI: 10.1504/IJIPM.2024.10069043
   
  
• Transforming sustainability via competition law: a cutting-edge global framework for intellectual property  
  by R. Gokul, E. Prema 
  Abstract: European Union (EU) competition law aims to maintain and boost economic efficiency, which enhances consumer welfare by preventing innovation- or static-driven anti-competitive activity. IP rights must be preserved to promote sustainable innovation. Company, global, and functional enterprises, goods, and services value Intellectual Property Rights (IPRs). It explores the complicated relationships between IP rights, competition law, and sustainability, creating a new paradigm for accomplishing the SDGs. The report examines Intellectual Property Rights, competition law enforcement, and sustainability factors like environmental impact, social responsibility, economic viability, and technological innovation in 15 nations from 2000 to 2023. Regression analysis and panel corrected standard errors show that strong competition law enforcement boosts IPs role in green innovation, market competitiveness, and equitable technology access. Important studies show that competition rules increase intellectual propertys sustainability, but poor enforcement reduces their usefulness. The study stresses that IP and competition rules must be harmonised for sustainability. Cross-tabulation and correlation analysis show how IP affects sustainability measures differently due to anti-competitive activity and market dominance rules. After analysing these relationships, the research makes policy proposals to align economic and legal systems with sustainability goals and enable innovation-driven, just global development.
  Keywords: intellectual property; competition law; sustainability; European Union; EU; green innovation; market competitiveness; Sustainable Development Goals; SDGs.
  DOI: 10.1504/IJIPM.2024.10069560
   
  
• Patent prices and influencing factors from the perspective of computable general equilibrium modelling  
  by Yuan Tao 
  Abstract: The mainstream income method of patent valuation remains subjective; therefore, further theoretical exploration of patent valuation is essential. This study examines the price of patent rights and the factors influencing it using a linear computable general equilibrium model. The model is adapted to describe technological progress over time. The model can also take into account the quantity of products granted, the patent royalty per unit of output, the uniform equilibrium interest rate and the changes in these three variables over time. Using the discounted cash flow method and the traditional income approach, the proposed model can derive the price of patent rights using these variables. A new market approach is also developed based on this model. According to this model, patent prices are influenced by the nature of patent, the technologies used by the production sectors, the preferences of households (consumers) and the size of the population.
  Keywords: patent price; computable general equilibrium; patent valuation; technological progress; income approach; market approach.
  DOI: 10.1504/IJIPM.2024.10070727