Moral rights must be carefully studied by the business community, which could easily and wrongly believe that the intellectual property business involves only intellectual property economic rights. This is an introduction meant to reveal a contrasting legal and economic reality concerning the effects of the moral rights over the economic relations. Any unclear regulation must be interpreted in favour of the author, as they prevail over the interests of all other interested persons and, by consequence, any obligation assumed by the author or a contractor thereof, may be restricted, i.e. extended, by claiming that the author’s moral rights are violated or that they are not fully protected. Any kind of use of the protected creation involving the economic rights, is indissolubly connected to the work’s authorship claiming and, very often, with the work’s integrity compliance or withdrawal right. Any contract concluded between a person acquiring economic rights over an intangible asset, cannot deny or diminish author’s moral rights. The disclosure right is the decision of the author to put his work on the market, in contact with the public. After exhaustion, regardless the voluntary or the involuntary aspects, the disclosure right can no longer be breached, so that following disclosure of the intellectual property, any possible use of it without author’s consent violates only the economic rights and, possibly, other moral rights, such as the right to authorship of work and the right to withdraw the work, according to the concrete circumstances of the case. Conditioning the exhaustion of the disclosure right by a voluntary disclosure – whether there is the intent of disclosure on the part of the author or an ambiguous agreement – is wrong and inevitably leads to obstruction of commercial circuit.
{"title":"Understanding Intellectual Property: About Moral Rights and Economic Effects","authors":"Alin Speriusi-Vlad","doi":"10.2139/ssrn.2494901","DOIUrl":"https://doi.org/10.2139/ssrn.2494901","url":null,"abstract":"Moral rights must be carefully studied by the business community, which could easily and wrongly believe that the intellectual property business involves only intellectual property economic rights. This is an introduction meant to reveal a contrasting legal and economic reality concerning the effects of the moral rights over the economic relations. Any unclear regulation must be interpreted in favour of the author, as they prevail over the interests of all other interested persons and, by consequence, any obligation assumed by the author or a contractor thereof, may be restricted, i.e. extended, by claiming that the author’s moral rights are violated or that they are not fully protected. Any kind of use of the protected creation involving the economic rights, is indissolubly connected to the work’s authorship claiming and, very often, with the work’s integrity compliance or withdrawal right. Any contract concluded between a person acquiring economic rights over an intangible asset, cannot deny or diminish author’s moral rights. The disclosure right is the decision of the author to put his work on the market, in contact with the public. After exhaustion, regardless the voluntary or the involuntary aspects, the disclosure right can no longer be breached, so that following disclosure of the intellectual property, any possible use of it without author’s consent violates only the economic rights and, possibly, other moral rights, such as the right to authorship of work and the right to withdraw the work, according to the concrete circumstances of the case. Conditioning the exhaustion of the disclosure right by a voluntary disclosure – whether there is the intent of disclosure on the part of the author or an ambiguous agreement – is wrong and inevitably leads to obstruction of commercial circuit.","PeriodicalId":237857,"journal":{"name":"IRPN: Innovation & Other Intellectual Property Law & Policy (Sub-Topic)","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125027852","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This study explores the interaction between innovations and financial markets using data of China that present significant geographic variations in development. Provincial banking development encourages local innovations, and provincial intellectual property (IP) protection raises the market values of local firms. Firm-level innovations have a positive effect on market valuation and predict stock returns. Moreover, provincial IP piracy deteriorates the market values of innovative local firms in high-tech industries.
{"title":"Innovations, Intellectual Property Protection, and Financial Markets: Evidence from China","authors":"Po-Hsuan Hsu, W. Chaopeng","doi":"10.2139/ssrn.1629331","DOIUrl":"https://doi.org/10.2139/ssrn.1629331","url":null,"abstract":"This study explores the interaction between innovations and financial markets using data of China that present significant geographic variations in development. Provincial banking development encourages local innovations, and provincial intellectual property (IP) protection raises the market values of local firms. Firm-level innovations have a positive effect on market valuation and predict stock returns. Moreover, provincial IP piracy deteriorates the market values of innovative local firms in high-tech industries.","PeriodicalId":237857,"journal":{"name":"IRPN: Innovation & Other Intellectual Property Law & Policy (Sub-Topic)","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127054763","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
India is country habitants having many religion and cultures, since centuries habitants of India has evolved with several forms of dispute resolution mechanisms and over period of time, they have customized, varied according to needs. Even though Britisher’s rulers had left Indian shores almost half a century ago, still several of these laws exist till date without any major changes. Wide Internet usage has rendered boundaries of the states meaningless. The people across the globe have realized its potentiality as an effective tool for communication, dissemination of information and e-commerce and enjoying to unrestricted access to multifarious interactions, transactions inevitably thereby raising many new issues in the nature of e-disputes to virtual sale/purchase of products through e-auctions or otherwise, domain disputes, trademark infringement, patents, software infringement, copyright, defamatory writings, fraud, privacy, etc. In this scenario the Intellectual Property Rights are becoming fundamentally exigent to get in to research collaborations and thereby making Intellectual property rights tool as valuable business assets for technological entities. The people across world over frequently involve in cross-border transactions having different backgrounds and different national laws or within different states of India. Some time disputable transactions create multi-jurisdictional disputes between the nationalities of different countries having different social backgrounds, mindsets. Usually those business entities having familiarity with alternative dispute resolution (ADR) are able to resolve such conflicts efficiently. As the determination of commercial or non commercial disputes before different national courts can result in to high legal and other costs as well as conflicting awards. Therefore, the ADR has a potential to provide business entities belonging to distinct nationalities a single unified forum of arbitration thereby having a final and enforceable award binding across multiple jurisdictions. Hence, increasingly, IP owners and users are approaching to many of known alternative dispute resolution (ADR) procedures like arbitration and mediation to resolve their IP disputes. In this scenario the World Intellectual Property Organization (WIPO) has been playing pivotal role since i ts inception in strengthening ADR procedures for IP conflicts and forefront in resolving IP conflicts through their specialized ADR procedures. The Intellectual Property conflicts are not that conflicts which cannot be adjudicated or resolved through ADR. As Intellectual Property conflicts being a specialised in its nature and it require specialised services of ADR experts in resolving IP conflicts, mainly due to non availability of IP experts in India is the main obstacle in resolving IP conflict through arbitration or through ADR. Thus, like any other emerging field of law, IP conflict resolution also has a plenty of debatable issues before i
{"title":"An Emerging Trend - ADR Mechanism in IPR Conflicts","authors":"Sanjeev Chaswal","doi":"10.2139/SSRN.3401259","DOIUrl":"https://doi.org/10.2139/SSRN.3401259","url":null,"abstract":"India is country habitants having many religion and cultures, since centuries habitants of India has evolved with several forms of dispute resolution mechanisms and over period of time, they have customized, varied according to needs. Even though Britisher’s rulers had left Indian shores almost half a century ago, still several of these laws exist till date without any major changes. Wide Internet usage has rendered boundaries of the states meaningless. The people across the globe have realized its potentiality as an effective tool for communication, dissemination of information and e-commerce and enjoying to unrestricted access to multifarious interactions, transactions inevitably thereby raising many new issues in the nature of e-disputes to virtual sale/purchase of products through e-auctions or otherwise, domain disputes, trademark infringement, patents, software infringement, copyright, defamatory writings, fraud, privacy, etc. \u0000 \u0000In this scenario the Intellectual Property Rights are becoming fundamentally exigent to get in to research collaborations and thereby making Intellectual property rights tool as valuable business assets for technological entities. The people across world over frequently involve in cross-border transactions having different backgrounds and different national laws or within different states of India. Some time disputable transactions create multi-jurisdictional disputes between the nationalities of different countries having different social backgrounds, mindsets. Usually those business entities having familiarity with alternative dispute resolution (ADR) are able to resolve such conflicts efficiently. As the determination of commercial or non commercial disputes before different national courts can result in to high legal and other costs as well as conflicting awards. Therefore, the ADR has a potential to provide business entities belonging to distinct nationalities a single unified forum of arbitration thereby having a final and enforceable award binding across multiple jurisdictions. Hence, increasingly, IP owners and users are approaching to many of known alternative dispute resolution (ADR) procedures like arbitration and mediation to resolve their IP disputes. \u0000 \u0000In this scenario the World Intellectual Property Organization (WIPO) has been playing pivotal role since i ts inception in strengthening ADR procedures for IP conflicts and forefront in resolving IP conflicts through their specialized ADR procedures. The Intellectual Property conflicts are not that conflicts which cannot be adjudicated or resolved through ADR. As Intellectual Property conflicts being a specialised in its nature and it require specialised services of ADR experts in resolving IP conflicts, mainly due to non availability of IP experts in India is the main obstacle in resolving IP conflict through arbitration or through ADR. \u0000 \u0000Thus, like any other emerging field of law, IP conflict resolution also has a plenty of debatable issues before i","PeriodicalId":237857,"journal":{"name":"IRPN: Innovation & Other Intellectual Property Law & Policy (Sub-Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-07-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128263729","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Technology innovations continue to be one of the greatest drivers of economic growth. Realizing the value of such innovations, however, requires substantial follow-on investments in development and commercialization. The value of these investments is difficult to capture because of uncertain demand and potential competition. This often leads to difficulties in obtaining outside financing for these investments. In this paper, we explore how licensing contracts can both dissuade other firms from developing alternative technologies and alleviate the financing problem. We develop a model in which a firm that invests in the development efforts of an innovation can license its technology to a potential competitor. A variety of licensing possibilities is considered, including fixed fees, royalty schedules, and two-part licenses consisting of an up-front payment and a capped royalty schedule. When the firm has no financial constraint, a royalty schedule that depends on realized demand dominates a fixed fee per license. When investment funds are constrained, a royalty cap license with an up-front payment can serve as a source of financing. We also study the investment problem conditional on the licensing and financing decisions.
{"title":"Impact of Licensing on Investment and Financing of Technology Development","authors":"N. Kulatilaka, Lihui Lin","doi":"10.1287/mnsc.1060.0589","DOIUrl":"https://doi.org/10.1287/mnsc.1060.0589","url":null,"abstract":"Technology innovations continue to be one of the greatest drivers of economic growth. Realizing the value of such innovations, however, requires substantial follow-on investments in development and commercialization. The value of these investments is difficult to capture because of uncertain demand and potential competition. This often leads to difficulties in obtaining outside financing for these investments. In this paper, we explore how licensing contracts can both dissuade other firms from developing alternative technologies and alleviate the financing problem. We develop a model in which a firm that invests in the development efforts of an innovation can license its technology to a potential competitor. A variety of licensing possibilities is considered, including fixed fees, royalty schedules, and two-part licenses consisting of an up-front payment and a capped royalty schedule. When the firm has no financial constraint, a royalty schedule that depends on realized demand dominates a fixed fee per license. When investment funds are constrained, a royalty cap license with an up-front payment can serve as a source of financing. We also study the investment problem conditional on the licensing and financing decisions.","PeriodicalId":237857,"journal":{"name":"IRPN: Innovation & Other Intellectual Property Law & Policy (Sub-Topic)","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127859312","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
It’s the policy of an increasing number of news outlets to retain ownership of the professional social media accounts of their reporters. In the first case of its kind in the United States, one media company took a former employee to court over the question of ownership. The Roanoke Times in Virginia filed a suit in 2018 against a former sports reporter, alleging a breach of its social media policy. The reporter, who left his position at The Times for a competing news outlet, took with him the Twitter account he had used as part of his work with the outlet. This article explores a host of uncharted legal implications pertinent to this case and argues that utilizing trade secret laws to assert ownership of an employee’s account(s), a strategy used in The Times case and several other lawsuits, is an ill-fitted approach. Social media accounts and their associated followers are not “secret,” no matter the industry. A comprehensive policy could prevent legal action in the first place by providing employees with guidelines that address a myriad of issues discussed in this paper. The authors offer provisions of a policy that would protect news outlets while also acknowledging the importance of social media accounts to the livelihood of journalists and to the free flow of information from journalists to the public.
{"title":"Failed Strategy: Using Trade Secret Laws to Assert Ownership of Employees' Social Media Accounts in the Journalism Industry","authors":"Anthony C. Adornato, A. Horsfall","doi":"10.2139/ssrn.3425250","DOIUrl":"https://doi.org/10.2139/ssrn.3425250","url":null,"abstract":"It’s the policy of an increasing number of news outlets to retain ownership of the professional social media accounts of their reporters. In the first case of its kind in the United States, one media company took a former employee to court over the question of ownership. The Roanoke Times in Virginia filed a suit in 2018 against a former sports reporter, alleging a breach of its social media policy. The reporter, who left his position at The Times for a competing news outlet, took with him the Twitter account he had used as part of his work with the outlet. This article explores a host of uncharted legal implications pertinent to this case and argues that utilizing trade secret laws to assert ownership of an employee’s account(s), a strategy used in The Times case and several other lawsuits, is an ill-fitted approach. Social media accounts and their associated followers are not “secret,” no matter the industry. A comprehensive policy could prevent legal action in the first place by providing employees with guidelines that address a myriad of issues discussed in this paper. The authors offer provisions of a policy that would protect news outlets while also acknowledging the importance of social media accounts to the livelihood of journalists and to the free flow of information from journalists to the public.","PeriodicalId":237857,"journal":{"name":"IRPN: Innovation & Other Intellectual Property Law & Policy (Sub-Topic)","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133737260","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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