International Journal of Intellectual Property Management 

About: International Journal of Intellectual Property Management is an academic journal published by Inderscience Publishers. The journal publishes majorly in the area(s): Intellectual property & Computer science. It has an ISSN identifier of 1478-9647. Over the lifetime, 198 publications have been published receiving 774 citations. The journal is also known as: IJIPM & Intellectual property management.

The impact of FTAs on public health policies and TRIPS flexibilities

Abstract: This paper, after providing a brief historical overview of the ways international agreements deal with public health-related IPRs, analyses the TRIPS-plus trend in Free Trade Agreements (FTAs) and its impact on access-to-medicines policies. It focuses on FTAs concluded by the USA and the Member states of the European Free Trade Association (EFTA) with a number of developing countries and their provisions on patents and test data protection. New obligations in this field go well beyond the TRIPS minimum standards and may seriously affect access in developing countries to affordable generic pharmaceutical products.

Is coopetition different from cooperation? The impact of market rivalry on value creation in alliances

Abstract: Alliances between competitors (i.e., coopetition) are traditionally considered risky because there is a threat that the firm's intellectual property (especially proprietary knowledge) is acquired by a competitor and used for competitive purposes. However, there is evidence that coopetition also offers significant value creation opportunities. These distinctive risks and benefits arise from the fact that the collaborating firms are rivals in the end-product and strategic resource markets. This study contributes to the current literature by conceptually analysing the impact of market rivalry on the basis of value creation in interfirm alliances. The results imply that coopetition is not risky or beneficial by definition. In particular, the way that the competing firms design and manage the alliance with respect to market rivalry and their common and specialised knowledge actually determine how the benefits and risks in such a relationship are structured.

Exclusion and coordination in collaborative innovation and patent law

Abstract: Intellectual property law has been criticised for over-arching scope of protection and at the same time, for insufficient protection. This seeming contradiction may stem from the discrepancies between the actual innovation practice and process and the models adopted in law. This paper illustrates this contradiction in the patent laws' treatment of collaborative innovators. Particularly, this study examines how the participation of multiple innovators at the initial stage of the innovation is regulated under the patent laws in the US, Japan and, to an extent, in Europe. A single entity perspective and a concurrent closed invention model implied in law create legal uncertainties for collaborative innovators. This brings forward the organisational capability that provides inter- and intra-firm governance structure over the innovative process and the uses of innovation in managing the uncertainties before, during and after collaboration. This capability is in a central role in addressing the seeming contradiction.

Protection of Traditional Knowledge by Geographical Indications

Abstract: This paper considers the extent to which Geographical Indications (GIs) regimes might provide for the protection of Traditional Knowledge ('TK'), through a consideration of the debate on TK within both the WTO and WIPO. The author relates the policy objectives, identified by WIPO as ideally underpinning the legislative protection of TK, to the policy objectives of GIs protection. The paper concludes with an examination of debate within the WTO, for the extension of the special protection offered to GIs for wines and spirits to handicrafts and other products and concludes with some case studies of handicrafts as examples of GIs.

Intervention of health authorities in patent examination: the Brazilian practice of the prior consent

Abstract: Intellectual property rights shall not be conceived or understood solely as instruments for the protection of markets and investments, while subjects of innovation, creativity and social welfare lose ground. Even if the TRIPS Agreement has raised the standards of intellectual property rights protection, the States are legally free to implement such obligations so as to protect collectively relevant interests, and surely, the right to health occupies a special position. The prior consent mechanism clearly has a wide juridical support: the TRIPS Agreement, former decisions of the WTOs Dispute Settlement Body, the UN Resolutions, Brazilian Federal Constitution, Brazilian Industrial Property Legislation, among others.