Journal of Intellectual Property Rights
About: Journal of Intellectual Property Rights is an academic journal. The journal publishes majorly in the area(s): Intellectual property & Business. It has an ISSN identifier of 0971-7544. Over the lifetime, 128 publications have been published receiving 433 citations.
Papers published on a yearly basis
TL;DR: In this article, the authors proposed a systematic approach to search potential technology partners using patent information which is accessible from anywhere, based on the inter-relationships of words in patent documents, instead of simple use of technological keywords.
Abstract: With the increasing trend towards collaborations for innovation across organizational boundaries, the strategic gravity of exploring potential technology partners has been accentuated in the paradigm of open innovation. However, as the openness across nations or industries has become broad, the conventional approaches to searching external partners have encountered a number of difficulties. Therefore, this paper aims to propose a systematic approach to searching potential technology partners using patent information which is accessible from anywhere. To specify the meaning of patented inventions more specifically, the inter-relationships of words in patent documents are taken into account, instead of simple use of technological keywords. The design of the proposed approach is comprised of three consecutive steps: data collection and preprocessing, transforming patent documents into co-occurrence vectors with the aid of text mining technique and domain experts, and deriving potential technology partners via a similarity indicator. A case study of the automatic car washing technology has shown that this method has advantages over the conventional keyword-based patent analysis in terms of significance. It is believed that the suggested approach can facilitate decision making in technology partner selection, and can serve as a starting point for a more general model.
TL;DR: In this paper, the authors present a review of the underlying fraud opportunities, including an exploration of types of fraudsters and fraud types, and the complexity and challenges of enforcement for companies and agencies.
Abstract: One often-overlooked aspect of intellectual property rights (IPR) strategy is the deterrence and enforcement against ‘irresponsible defendants’ including product counterfeiters. When applied to food, the consumer product fraud or product counterfeiting is referred to as food fraud, or economically motivated adulteration. While this problem is not unique to agriculture and food products, there are special circumstances and issues to consider. The objectives of this paper are to: (1) review the underlying fraud opportunities (complex and on a massive scale), including an exploration of types of fraudsters and types of fraud (near infinite); (2) review how globalization and source economies contribute to the problem; (3) review the complexity and challenges of enforcement for companies and agencies; and (4) introduce the ‘chemistry of the crime’ or the ‘crime triangle’, to shift the focus from reactionary intervention and response to proactive prevention. Five applicable case studies are included, bringing insights on the irresponsible nature of many of the fraudsters. Through its review of fraudsters and types of fraud, this study will provide information to assist with IP technology transfers and the effective enforcement of IPR. Product counterfeiting often poses a very serious public health and economic threat to agriculture and food products. There are very motivated, intelligent, resilient and aggressive fraudsters, but they can be deterred by companies or agencies focused on reducing fraud opportunities. Standard business practices—even identified best practices—often inadvertently contribute to fraud opportunities.
TL;DR: In this paper, the authors discussed the impact of the conditions of such trade especially those binding the intellectual property rights of the goods concerning USA are stricter and broader and thereby become more powerful than the WTO Agreement governing the countries.
Abstract: Harmonization of intellectual property rights among WTO members in the recent years has seen debates on access to medicines. Though flexibilities exist in the WTO Agreement to safeguard public health priorities, such as, parallel imports, compulsory licensing, yet the capacity to utilize these flexibilities depends on various factors including country's developmental status and capacity of the industry in these countries. However, in the recent past, USA has been signing regional and bilateral trade agreements with developing countries. While developing countries are lured to such agreements because of the opening up of trade and trade concessions, however, conditions of such trade especially those binding the intellectual property rights of the goods concerning USA are stricter and broader and thereby become more powerful than the WTO Agreement governing the countries. Particularly, concerns have been raised about patentability criteria, data exclusivity with potential to extend monopoly status of the newly introduced drugs and delay the entry of generic drugs, which would obviously keep the prices beyond the reach of developing countries thereby making access to drugs difficult. A few of these aspects are discussed in this paper.
TL;DR: In this paper, the authors argue that GI protection may contribute to agricultural product diversities and productivity by enhancing production, processing and developing of unique local, niche and special agricultural products such as Toraja Coffee, Alor Vanili, Banda Nutmeg, Java Tea, Deli Tobacco, Cianjur Rise etc.
Abstract: Indonesia has a lot of agricultural products with unique quality and special characteristic associated with geographical factors such as Toraja Coffee, Alor Vanili, Banda Nutmeg, Java Tea, Deli Tobacco, Cianjur Rise etc. This paper argues that GI protection may contribute to agricultural product diversities and productivity by enhancing production, processing and developing of unique local, niche and special agricultural products. By qualifying intangible assets that are difficult to transfer to other territories, GIs can be conceptually understood as a catalyst and counter point to dynamics of the local agriculture development in Indonesia. GI strategy becomes a tool to ensure the development of agriculture in Indonesia by increasing productivity, creating employment, increasing the incomes of farmers and producers, adding economic value to products, increasing the diversity of supply products, improving the exports of GI products and contributing to GDP, enhancing agriculture investment, etc.
TL;DR: A technology forecasting method based on various data mining techniques for analysing patents and a patent management approach using the result of technology forecasting is proposed.
Abstract: Patents are an integral part of intellectual property rights and contain substantial amounts of information on developed technologies. Thus, patent management plays an important role in addressing the competitive environment surrounding intellectual property rights. Technology forecasting is an important part of patent management. Any successful R&D strategy requires effective technology forecasting. This paper proposes a technology forecasting method based on various data mining techniques for analysing patents and a patent management approach using the result of technology forecasting. For case study, biotechnology-related patent documents from the US Patent and Trademark Office have been considered. The performance of the proposed method has been verified by this case study.