...case study about intellectual property. So in this assignment, first I will through the definition of intellectual property to talk about what it is; after this I will discuss about what are the purpose why some countries have to protect its intellectual property; and then, I will through a recent litigation between Huawei and Cisco to show how important is the intellectual property for a companies. After that, I will analyses the current situation of intellectual property protection in China; and then, I will list some recommendations for China, in order to improve the intellectual property protection. At last, I will take my conclusion of the intellectual property protection. About intellectual Property “Intellectual property”, this term was first proposed by the French scholar Karp Niyazov in the mid-17th century; after that it develop by the famous Belgian jurist Picardy, and Picardy defined it as “the right of every intellectual activity”. Until after the “world intellectual property organization” convention in 1967, this term became gradually use in the whole world. The intellectual property basically means that people has the exclusive rights on their intellectual labor by law. Usually, the intellectual property can be divided into two types of industrial property and copyright. The industrial property includes inventions (patents), logo, industrial designs and trademarks; copyright includes artistic works literary. Actually, intellectual property is an intangible...
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...30 years, China's economy has remained about 10% of high-speed development which called the creation of the "China miracle" (JU, 2008). During this era, China also became a big orient export country, which occupies a large place in the international market. Thus, American people considered that China export pose an economic threat to the United States even to the world. Other countries tried to use trade protectionism to limit the export from China and boost their own economy recovery. Trade protectionism means that government set up some specific barriers to trade in order to protect its own economy. However, it has a negative impact on China’s export enterprise, especially for small and medium-sized companies, so the countermeasures should be taken to resolve this issue. The purpose of this article is to explore several problems that trade protection bring to China’s export enterprises at first and then focus on some effective solutions to help these companies. 2. Situation Because of the trade protectionism, China’s private exporters from different kinds of industry are suffering obvious reduction of profit, and they are mainly reflected in labor-intensive, low-cost exporters, tight liquidity and a low level of great ability for the cutting-edge technology (Ju, 2008). Nowadays, the form of trade protectionism became border, not only by tariffs and quotas but also by domestic subsidies, technical barriers, food safety barriers, Intellectual property barriers, green barriers...
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...COURSES 1& 2 The Intangible Economy: an Overview. Understanding Economic Change Generally speaking and according to our perception at present, we could say that production and products pertain to the material universe: production, which is based on natural resources and energy, is fundamentally tangible. We got so used to this idea that we do not attempt to analyze it any more. Our economic and legal constructions are based on production, ownership and exchange of tangible goods. Economy, as it appeared after the industrial revolution, comprised activities related to the transformation of natural resources and was mainly an economy of goods. Under the mass production system with homogenous goods, the knowledge content of goods was low and the most important phase of the production process was manufacturing, since firms relied on economies of scale for market performance. Hence, the tangible aspects of factors of production were the most important (productivity thereby explained by the amount of physical capital and quantity of labor employed). Nevertheless, with the development of the economy and society as a whole, the importance of knowledge increased, leading to information and ideas playing a crucial role in determining economic performance. Nowadays, the knowledge content of goods is higher, and the pre- and post- manufacturing phases are crucial for value creation. The new type of economy that is emerging is more about a shift of mindset relating to building and...
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...To begin, “Intellectual property refers to creations of the mind: inventions; literary and artistic works; and symbols, names and images used in commerce” intellectual property is protected by the law, in form of patents, trademarks and copyright. Intellectual property is split into two categories; copyright and industrial property. Copyright covers films, music, art and literary works; copyright ensures that the patent holder is the primary benefactor of their creation. Industrial property covers patents for inventions, trademarks and industrial designs. Patents provide protection of ownership for inventors of products, which provide incentive for everyone to try and create products that are better and more efficient than their predecessors as they know that they can safely reap the rewards of their own success for themselves. Without this people would be much less encouraged to invent new products for the market as no one would be able to be the sole benefactor of their own works as once created anyone could claim that they are the owners. Therefore it can be argued that without IP rights the world could be much less developed with much less advanced technologies due to lack of incentive for inventors, researchers and artists. Innovation blooms when artists and inventors are promised reward for the success of their products, for example people who upload their songs to ITunes are rewarded with the credit for their music and sometimes money if consumers are made to pay for their...
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...Introduction Kenya has a vibrant entrepreneurial base with the potential of becoming competitive globally. There is a shift from manufacturing to a flexible labor based economy, a phenomena commonly referred to as knowledge based economy (Formica, 2005). Entrepreneurship as a whole contributes to social-economic wealth by creating new markets, new industries, new technology, new institutional forms, new jobs, and net increases in real productivity (Ngugi, 2014). Despite the vital role entrepreneurship plays in the economy, there are numerous challenges facing entrepreneurship development. The Micro and Small enterprises bear the brunt of it all (Pike 2007). It is estimated that as many as 75% of small enterprises started in Kenya fail within three years of their birth. Indeed an enterprise that is more than three years old is regarded as having achieved some measure of success. Therefore, there is the need to strengthen entrepreneurship to nurture nascent entrepreneurs and achieve the goal of enterprise development. The following are methods of strengthening entrepreneurship in Kenya: Strengthening financial systems The biggest challenge to entrepreneurial ventures is lack of capital to realize entrepreneurial dreams. A lack of resilient financial systems has been a hindrance to development of MSEs and hence entrepreneurship. A sound financial system therefore improves the entrepreneurial ecosystem. Private equity and venture capital are an important source of seed money...
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...report intellectual capital Summary In today’s knowledge economy, intellectual capital has been playing an increasingly significant role in creating corporate sustainable competitive advantages and becomes instrumental in determining the enterprise value. Though measuring the value of intellectual capital is difficult, with the emerging of intellectual capital valuation models, a number of leading companies have decided to make additional intellectual capital disclosure. This paper discusses and illustrates the intellectual capital statement. How to effectively measure and disclose intellectual capital in external financial reporting and how the accounting rules for reporting intangibles limit the recognition of intellectual capital and will also be discussed. The final part is proposed approaches to intellectual capital reporting. Introduction Our world is in the rise of new economy, principally driven by the information and knowledge. Today, a number of companies and organizations rely heavily on the knowledge and skills of their stuff and the network of the customer. As these intangible assets became increasingly critical, the limitations on financial statements in explaining a company’s value stress the fact that the source of economic value is no longer the production of material goods but the creation of intellectual capital. Background Definition Stewart first defined intellectual capital as intellectual material-knowledge, information, intellectual property, experience-that...
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...working papers The Role of Intellectual Property Rights in Technology Transfer and Economic Growth: Theory and Evidence UNITED NATIONS INDUSTRIAL DEVELOPMENT ORGANIZATION The Role of Intellectual Property Rights in Technology Transfer and Economic Growth: Theory and Evidence By Rod Falvey Leverhulme Centre for Research on Globalisation and Economic Policy, School of Economics, The University of Nottingham and Neil Foster Department of Economics, University of Vienna In cooperation with Olga Memedovic UNIDO, Strategic Research and Economics Branch UNITED NATIONS INDUSTRIAL DEVELOPMENT ORGANIZATION Vienna, 2006 This publication was prepared by Olga Memedovic, UNIDO staff member from the Strategic Research and Economics Branch drawing on the background paper prepared for the UNIDO Research Project “Public Goods for Economic Development”, by Rod Falvey and Neil Foster. Rod Falvey is Professor of International Economics, Leverhulme Centre for Research on Globalisation and Economic Policy, School of Economics, The University of Nottingham. Neil Foster is Assistant Professor of economics at the Department of Economics, University of Vienna. The publication has benefited from the valuable comments provided by Professor David Greenaway during the finalization of this publication. UNIDO intern Robert Lambertus van Lavieren provided assistance during various stages of preparing this publication. The authors are grateful to Michael Bailey for proofreading the final...
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... | |d. |the economic downturn in these regions which has made the purchase price for firms relatively cheap. | ANS: B PTS: 1 DIF: Medium REF: 229 OBJ: 08-01 TYPE: application 2. The impact of China on the world economy is due to |a. |the size of its domestic market. | |b. |the movement away from Communism by the Chinese government. | |c. |its highly-competitive state-owned firms. | |d. |the lack of protection for intellectual property rights. | ANS: A PTS: 1 DIF: Easy REF: 230 OBJ: 08-01 TYPE: knowledge 3. In order for firms to successfully exploit international markets, managers must have |a. |a strong national identity....
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...Intellectual capital can be defined as a set of knowledge and skills that company has developed about making goods or services. Such a knowledge can be used for obtaining money or any other purpose. Meaning combines idea of intellect and know-how with the idea of capital. Any benefits gained from this kind of knowledge can be invested in producing more goods and services. One of the strongest and most competitive industry in the world and in U.S is Pharmaceutical industry . Supreme pledge to research and development is main reasons for its success. Intellectual property protection has a goal to insure return on investment and future profits. Discovering and testing a new drug is a process that requires approval from regulatory agencies in the United States and Europe. This process might cost millions of dollars per new product. After such a large investment has been made, next step is to obtain approvals in other nations. This approval is necessary so that new product can be sell as widely as possible. The main risk that pharmaceutical industry is facing is imitation. Once a product have been developed to be safe and effective risk is that another firm might enter the market with same or similar products. It is much cheaper and faster to invest in manufacturing process and developing existing and start competing with the pioneering firm with lower prices. If such imitation were widespread and rapid, pioneer company might...
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...Justification of Protection of Intellectual Property vis-a-vis Trade Secrets PAPER V Submitted By: SARTHAK KAPILA ROLL NO. 48, P.G.D.,I.P.R. – 2014 Justification of Protection of Intellectual Property vis-a-vis Trade Secrets Intellectual property pertains to any original creation of human intellect such as artistic, literally, technical or scientific creation. Intellectual Property Rights (IPR) refers to the legal rights given by the State to the inventor/creator to protect his invention/creation for a certain period of time. These legal rights confer an exclusive right to the inventor/creator or his assignee to fully utilize his invention/creation for a given period of time. Countries have laws to protect intellectual property for two main reasons. One is to give statutory expression to the moral and economic rights of creators in their creations and the rights of the public in access to those creations. The second is to promote, as a deliberate act of Government policy, creativity and the dissemination and application of its results and to encourage fair trading which would contribute to economic and social development. The term ‘Intellectual Property’, denotes rights over intangible object of the person whose mental effort created it and refers to a loose cluster of legal doctrines that regulate the uses of different sorts of ideas and insignias. The subject matter of intellectual property is very wide and includes literary and artistic works, films, computer...
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...context Introduction "I can make a whole lot more money skillfully managing intangible assets than tangible assets." – Warren Buffet In the current knowledge based economy, there is a transition from matter based economy to one based on ideas. The emphasis is shifting from natural resources to new thoughts and designs. With the shift from monetary economy to knowledge based economy, the wealth can be added by increasing the intangibles. The intangibles are the growth drivers for the Indian Economy. The high productive sector is the service sector whose contribution to GDP of the nation has displaced the contribution of Agriculture and Industry and the contribution is rising. In service sector nearly 22% of the population of the nation is contributing around 55% of GDP. The reason for high productivity can be attributed to only intangibility. The financial statements of the service sector enterprises do not depict the intangibles – because of difficulty in identification, measurement and valuation. The growth of the Service Sector may be slowed down if the service firms which are mostly knowledge driven are not growing and the two major obstacles in the growth of knowledge driven firms are (a) Finance and (b) Coverage of risk. Since the methodologies have not been developed for valuation of the intellectual properties, there are no reported resources on the basis of which sources for raising the resources can be approached and also the assets can be insured. While...
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...Intellectual Property: Knowledge assets of a firm are considered to be the traits that every firm embeds in the products and processes; they are named intellectual capital. The assets of such contributors are intangible but still their importance is similar to those tangible ones. Intellectual property is a legal concept which refers to the components of the intellectual capital that may be protected under law. Just like material assets, intellectual capital enables the firm to gain competitive advantage. With knowledge specific process the firm is able to reduce cost and sell its technology to recover the invested funds for this development. Since intellectual capital is the key for competitive advantage and profitability, in a free market economy, competitors try to appropriate it for their own. Thus a firm might lose its intellectual property to its competitors; this could happen in three ways (Narayanan, 2000): Imitation: It is the serious threat to any competitive advantage. If the imitators were faced by the high cost of the imitation or a legal notice they cannot benefit from the innovators idea. Obsolescence: competitors can engage in innovation and they enhance the innovation into a product more superior to the original product. Infringement: competitors sometimes steal the original idea from other firm’s knowledge. Hitachi and Mitsubishi stole technological secrets from IBM. With these issues the firms need to protect their intellectual property in order...
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...Patents in the Modern World Stefano Andreis Intellectual Property has always been a widely discussed topic but not as much as it is nowadays in the so-called globalized technological era that we live in. According to the World Intellectual Property organization, known as WIPO, Intellectual property refers to creations of the mind and is divided into two categories: Industrial Property, which includes patents for inventions, trademarks, industrial designs and geographical indications and Copyright that covers literary works, films, music, artistic works and architectural design. Intellectual property rights serve the same purpose as any other property rights. They allow creators, or owners, of patents, trademarks or copyrighted works to benefit exclusively, for a certain period, from their own work or investment in a creation. However, in reality maintaining the rights for such an asset as the “creation of mind” always raises multitude of complication and disputes. Therefore, the reasons behind the intellectual rights are the following: * To maintain peace and order; * To assign decision rights; * To reward investments; * To favor the diffusion of information. However, as any other type of legislation, these rights have their own pros and cons. Property rights have a major impact on economic growth. An efficient intellectual property system is essential because the legal protection of new creations encourages the commitment of both human and economic...
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...Intellectual Property Rights 2014 1.Intellectual property rights: US set to punish India The Indian embassy in Washington DC too scheduled a briefing by its economic and commerce wings soon after the expected US action. TNN | Feb 10, 2014, 10.28PM IST WASHINGTON: It's not looking good between New Delhi and Washington. Tensions over the Khobragade episode are yet to fully dissipate, but the two sides are locking horns again over intellectual property rights. The Obama administration is scheduled to announce unspecified ''trade enforcement action'' against India on Monday evening (Tuesday am IST) Washington time. United States trade representative (USTR) Michael Froman and general counsel Timothy Reif will hold a news conference to announce action related to India, the USTR said earlier in the day in a head's up to journalists. The Indian embassy in Washington DC too scheduled a briefing by its economic and commerce wings soon after the expected US action. All this comes ahead of a re-scheduled visit to New Delhi of US energy secretary Ernesto Munoz, which was postponed from January because of the Khobragade row. 2.Hurdles in business growth forcing entrepreneurs to mass exodus Krithika Krishnamurthy, ET Bureau Mar 28, 2014, 04.30AM IST * (Starting up in India is easy…) Within the next six months, Bangalorebased technology entrepreneur Jay Krishnan will be heading east in search of a better place to locate his fast-growing business...
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...------------------------------------------------- TABLE OF CONTENT 1. Intellectual Property (IP) – An Overview 2 2. Intellectual Property Rights And Protection Benefits 3 3. Intellectual Property Categories 4 3.1. Industrial Property 4 3.2. Copyright 7 4. Brief History of IP Law in Malaysia 8 4.1. Intellectual Property Issues In Malaysia 9 5. Business Responsibility in Intellectual Property 11 5.1. IP Help to Keep Your Ideas 12 5.2. IP Protects Business Growth 12 5.3. It’s Easier Than You Think 12 5.4. IP associated with a business 13 6. Positive Impacts of IP on Business Development and Growth 13 7. Negative Impacts of IP on Business Development and Growth 14 8. Benefiting from Intellectual Property Rights 16 9. Conclusions 16 Reference Intellectual Property (IP) – An Overview In general terms, intellectual property is any product of the human intellect that the law protects from unauthorized use by others. The ownership of intellectual property inherently creates a limited monopoly in the protected property. The products of the human intellect that comprise the subject matter of intellectual property are typically characterized as non-rivalrous public goods. Essentially, this means that the same product may be used simultaneously by more than one person without diminishing the availability of that product for use by others. In the words of Thomas Jefferson: "If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power...
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