Showing papers in "International Journal of Intellectual Property Management in 2015"

Enjoy your online music carefully: collective management of music copyrights in the USA

Abstract: Collective management organisations (CMOs) are essential to the online provision of music. They can achieve an economy of scale and greatly facilitate the commodification of music works. However, due to the excessive market power held by these organisations, it is also possible for CMOs to harm both copyright holders and their licensees. Consequently, consent decrees between ASCAP, BMI and the US Department of Justice (DOJ) aim to deter CMOs from abusing their market power. Additionally, individuals are also entitled to take private actions against CMOs' anticompetitive behaviours. Further, faced with the fragmented online music copyrights, challenged by the common use of digital equipment, the collective management of copyrights in the USA calls for substantial reforms.

Implications of Indian IP policy on patenting activity of pharmaceutical multinational corporations in India

Abstract: The situation created after the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and compulsory licensing may have an impact on pharmaceutical multinational corporations (MNCs) patent filing trend in India. So, there is a need to understand the impact of intellectual property (IP) policy change in the patenting trend of pharmaceutical MNCs in India. There are no studies on the patenting trend of pharmaceutical MNCs in India specifically to their disclosed treatable diseases and product and process patent types. This study is based on patinformatics and information analysis, to establish the implications of Indian IP policy on patenting activity of pharmaceutical MNCs in India. This study correlates pre and post TRIPS patenting trend of pharmaceutical MNCs in India. This study finds that after an amendment of Indian Patent Act in compliance with TRIPS norms, MNCs have filed a number of patents in India. This study concludes that Indian pharmaceutical companies can devise the RD this will give them a competitive edge over the global players.

Practices of collective management of copyright on musical works and related rights on audio-video products in China

Abstract: Collective management of copyright on musical works and audio-video products in China had a late start in relation to the global pace. There are currently five collective management organisations (CMOs) in China, with the Musical Copyright Society of China for musical works and the China Audio-Video Copyright Association for audio-video products being the most dominant. This paper identifies three problems in the institutional design of copyright collective management in China: vague standards for jurisdiction, weak regulation of the CMO monopoly, and the quasi-official status of CMOs. It also discusses three controversies in relation to these collective management practices: the controversial standard setting of licensing fees, the lack of transparency in the distribution of licensing fees, and difficulties that CMOs face when undergoing litigation processes. The paper argues that these controversies can be better managed by establishing regulations on abuse of monopoly power by CMOs, the proper use of their quasi-official status, and an improvement in judicial techniques and transparency in governance.

Praise and criticism of the collective management of copyrights: a Spanish and European view

Abstract: What is the cause of copyright collecting societies' growing unpopularity? What circumstances have caused collecting societies such as the Spanish SGAE to become one of the social agents that arouses the most distrust among the population today? And why did the European Union have to strengthen the measures aimed at ensuring the transparency of collecting societies? There are many reasons that have contributed to bringing collecting societies in Spain and Europe into disrepute. This paper aspires to disclose some of them and to explain why collecting societies are indispensable in our society under new national and EU legislation.

Strategic alliances for advanced materials' intellectual property value chain: research and technology organisation's perspective

Abstract: Intellectual property value chains (IPVCs) comprise exploratory studies, laboratory demonstration, field tests, transfer and/or commercialisation of technologies. Strategic technological alliances (STAs) between different organisations aim at strengthening the IPVCs. This phenomenon has influenced research and technology organisations (RTOs) due to their important role in the IPVCs. Characteristics of technology area, e.g., advanced materials technology (AMT) for this paper, play a crucial role for such alliances. An RTO shall be responsible for arranging complementary assets during exploratory studies, laboratory demonstration and field test stages, while commercialising entity shall be responsible for assembly of complementary assets for competitive manufacturing and marketing. In this paper, an attempt has been made to develop two-step process including: 1) assessment of the level of technology development using intellectual property development indices (IPDIs) for advanced materials technologies; 2) proposing a matrix to assist RTOs in identifying the useful partners from industry, academia and R&D.

Will the CRM-directive succeed re-aggregating the mechanical reproduction rights in the Anglo-American music repertoire?

Abstract: Music publishers representing the Anglo-American repertoire withdrew the mechanical rights from collective management after the Commission Recommendation of 18 May 2005 on collective cross-border management of copyright and related rights for legitimate online music services, which - contrary to its objective - is deemed to have made the clearance of online rights in music even more complex for users by adding an extra layer of intermediaries. This paper looks at the positioning of different stakeholders on the issue and questions whether the CRM directive is likely to bring the withdrawn rights back to collective management. Market led solutions and possible review of substantive copyright are also touched upon.

The EU Collective Rights Management Directive and the RRO

Abstract: In the text and image sector, the collective management organisations are referred to as Reproduction Rights Organisations (RROs). They administer certain secondary uses of already published works, and typically grant the user preauthorisation to make multiple copies of portions of already published publications to which the user has legal access, for personal, information or administrative uses in institutions, organisations, or corporations. This article sets out the role and functioning of RROs, and examines their operation in relation to the Directive on Collective Rights Management (CRM Directive, 2014), which the EU adopted 26 February 2014. It postulates that the CRM Directive allows RROs to continue their operation, with none, or only minor changes to their current practices. In this vein, the clarification in the CRM Directive that the term 'rightholder' comprises both authors and publishers is useful; it is also consistent with current RRO practice. Furthermore, the CRM Directive allows explicitly current RRO membership arrangements, legal set ups, models of operation and distribution practices to be carried forward; and well-functioning RROs generally comply with the transparency, accountability and good governance criteria of the CRM Directive.

A study of the maintenance of patents by the non-residents in India: insights for strategic management of patents

Abstract: Managing patents is a core issue in the intellectual property management (IPM) of the firms. It entails two important activities: the patenting of new innovations and the renewal of patents. With the research on renewal data gaining momentum, this paper tries to study the renewal of patents in the pharma sector in India. Adopting a unique approach of studying both active and ceased patents of non-resident applicants in India, with the aid of descriptive methods and statistical tools as SPSS following trends, has been found. Business firms are the dominant patentees and single inventorship an emerging trend in India. While renewal patterns are quite applicant category specific, grant period is independent of the applicant category. In case of the patents category (ceased or active), maintenance duration is independent of the number of inventors but effective life of the patents varies with category of patents. The higher propensity to patent and maintenance show linkage with specific technology fields and the portfolio size.

Impact and significance of compulsory licensing for access to medicine

Abstract: Affordability and accessibility is a serious concern for the world today, patients from developing and least developed countries cannot afford the costly patented medicine, even if they are in urgent need. Thus, people cannot exercise their right to health properly. TRIPS given compulsory licensing flexibility, but implementation of that is difficult. It is debatable whether this flexibility is effective for access to medicine. This paper will scrutinise all relevant aspects of this matter and will try to suggest possible solutions.

Collective administration of online rights in musical works: analysing the economic efficiency of the Directive 2014/26/EU

Abstract: Due to technological development, the distribution and exploitation of cultural content has transcended national borders and demands an administration of copyright and related rights on a multi-territorial basis. Considering their natural monopoly, the collective management organisations (hereafter 'CMOs') are an economically efficient option to grant cross-border and cross-repertory licenses for the online digital market, not only because of the diminution of the transaction costs, but also for the transfer of risk. Nevertheless, the information asymmetries between market actors implied by such administration lead to the need of granting transparency in their relationships, to prevent the problem of moral hazard. To that effect, the Directive 2014/26/EU establishes common standards of multi-territorial licenses and a model based on the competition between European CMOs, which are unlikely to be efficient. Therefore, the implementation of a European one-stop-shop would be an economically better solution to the digital administration of copyright and related rights.

The new EU Directive 2014/26 as a catalyst for film and digital content innovation in Europe

Abstract: The present paper analyses various conditions of the digital content market, such as barriers to competition and bottlenecks to intellectual property (IP) rights generation and management, as well as the collective copyright management system. The paper will discuss the need to modernize Spanish IP law, improve the transparency of how “collecting societies” operate and liberalise processes for licensing and transferring IP to allow for new types of contracts. It will also explore how regulatory reform en route to a digital single market stands to give more freedom to copyright holders and producers, and how Directive 2014/26 is likely to affect music and other paid content-sectors such as film and video. It argue that these reforms will open new business opportunities in entertainment, as well as offer solid alternatives to piracy, which may help revitalise the digital content industry in Europe.