Dissertationen zum Thema „Intellectual property strategy“

Thesis (S.M. in Engineering and Management)--Massachusetts Institute of Technology, Engineering Systems Division, System Design and Management Program, 2012.
Cataloged from PDF version of thesis.
Includes bibliographical references (p. 70-73).
The thesis that follows is an attempt to gain a deeper understanding of intellectual property from a policy as well as a strategic perspective. While the discussion that follows is applicable to intellectual property in general, the focus of this thesis is on a particular aspect of intellectual property i.e patents. Policy and strategic perspectives are covered in section I and 11 respectively. The section on policy explores the origin and evolution of intellectual property related policies by discussing key legislation and court cases. The two questions that were most relevant when exploring the policy side of the patent system were: -- Is the intellectual property system hindering or encouraging innovation? -- What changes, if any, are required to make the system more effective? The section on strategy looks at IP strategies (or lack thereof) of three leading companies, Apple, Google and Microsoft. These three companies were selected because of their apparently differing strategies and this cursory judgement was confirmed when the strategies of the companies were put under a microscope. The question that were central while exploring the strategic aspects of intellectual property were: -- How are these three companies coping with the patent system as it exists today? -- What changes can make the strategies employed more effective? The summary section at the end tries to reconcile these two different ways of looking at the intellectual property system into a coherent whole.
by Rishi Ahuja.
S.M.in Engineering and Management

Thesis (S.M.M.O.T.)--Massachusetts Institute of Technology, Sloan School of Management, Management of Technology Program, 2006.
Page 150 blank.
Includes bibliographical references (o, 120-121).
This thesis studies the intellectual property strategy of companies in the flash memory industry, with special emphasis on technology and the development of nitride-based flash, a new and emerging type of memory technology. First, general perspectives and frameworks for licensing of patents and know-how are explored. Then, the participants in the flash memory industry are mapped to a product value chain, which is in turn mapped to an intellectual property value chain. We use a patent database analysis software IPVision in order to examine the patent portfolios of some of the memory chip companies. Analysis of the patent positions allows us to draw conclusions about the direction of technology development.
by Tomoko H. Ogura.
S.M.M.O.T.

To draw up an intellectual property management strategy is one of the most important tasks to do when starting up technology-based companies, which play a very important role in the knowledge-based economies. IP management due to protection must be regarded as a strategic asset aimed at improving the competitive advantages, increasing the revenue of a technology-based start up company and encouraging to continue to develop new technologies, by securing a technological platform for a future development, preventing competitors from gaining access to emerging markets, creating retaliatory power against competitors and preventing innovative products from being plagiarized. Through this study the aim is forming a guide including why and how an IP management strategy develop and implement to a new technology-based start up company. Beside these it is proved that from the properties that characterize the start-up configuration of a high-tech firm there can be derived three organizational archetypes of firms each of which requires different IP management strategies.

Thesis (MEng)--Stellenbosch University, 2015.
ENGLISH ABSTRACT: South Africa holds the second largest share of the world’s titanium mineral deposits. However, there is no capacity for the development of titanium metal, mill products or components. It is at these stages of development that most of the value is added. For this reason, the Department of Science and Technology (DST) has been undertaking a research-led industrialisation initiative. The aim of this initiative is to establish a titanium industry strategy within South Africa. This research comes at a time when the demand for titanium, particularly from the commercial aerospace and biomedical sectors is growing rapidly. A South African industrial strategy framework has been developed by the DST to deliver titanium related competencies across the entire titanium value chain. One of the key building blocks within the strategy framework is targeted at the machining of titanium metal. This is a core competence required for the manufacture of finished titanium products. This research is fully aligned with the Advanced Manufacturing Technology Strategy (AMTS) and its objective of improving industry competitiveness via the development of advanced manufacturing technologies, as well as to the objectives of the Titanium Centre of Competence (TiCoC), whose mission is to develop and commercialise the technology building blocks required for the establishment of a titanium industry in South Africa. In order to implement the titanium industry strategy successfully in South Africa, all research being conducted in this field needs to be transferred to industry as well as protected. This is the focus of this thesis and is achieved through the development of technology transfer (TT) strategy as well as an intellectual property (IP) strategy for titanium machining. Without a TT strategy, the technological developments which are made might not be successfully implemented into industry as intended. An IP strategy is equally as important as, without one, entire research and development projects can be lost to those seeking to take advantage of incorrectly protected IP. To develop the TT and IP strategies, substantial information on the basics of these fields was considered. Titanium machining relevant information, such as contract details, industrial partnerships as well as the level of development which the research had achieved upon starting this study was also considered. Together this information created a solid foundation for decision making with regards to how both IP and TT should be handled for the titanium machining research initiative. Each new technology developed, along with its respective IP needs to be considered individually, as the scenarios for both its protection and transfer into industry will be in some way unique. As such, the strategies developed within this report attempt to provide a general outline for the decision making process for any situation which might arise. Ultimately both strategies are represented within this thesis. In order to take the research presented in this thesis further, the development of an IP portfolio is suggested allowing for decisions to be made with regards to technology specific IP outputs. For the technology transfer further implementation of tests for validation purposes at the industrial partners is recommended, in order to begin to develop an understanding of their environments and capabilities.
AFRIKAANSE OPSOMMING: Suid-Afrika beskik oor die wereld se tweede grootste titaaan mineraalafsetting, maar daar is geen kapasiteit vir die ontwikkeling van titaan metaal, milj produkte of komponente nie. Dit is op hierdie stadium van ontwikkeling waar die meeste waarde toegevoeg word. Om hierdie rede is die Departement van Wetenskap en Tegnologie (DWT) besig met ‘n navorsingsgedrewe industrialisering inisiatief. Die doel van hierdie inisiatief is om 'n titaan bedryfstrategie in Suid-Afrika te vestig. Hierdie navorsing vind plaas op ‘n tydstip waar die vraag na titaan, veral vanuit die kommersiële ruimte- en biomediese sektore, vinnig groei. 'n Suid-Afrikaanse industriële strategie raamwerk is ontwikkel deur die DWT om titaan verwante vaardighede te lewer oor die hele titaan waardeketting. Een van die belangrikste boustene binne die strategiese raamwerk is gemik op die bewerking van titaan metaal. Dit is die kernbevoegdheid wat benodig word vir die vervaardiging van voltooide titaan produkte. Hierdie navorsing is ten volle belyn met die “Advanced Manufacturing Technology Strategy” (AMTS) en sy doelwit van verbetering van die bedryfsmededingendheid via die ontwikkeling van gevorderde vervaardigingstegnologie, asook die doelwitte van die “Titanium Centre of Comptetence” (TiCoC), wie se missie dit is om die tegnologiese boustene wat nodig is vir die vestiging van 'n titaan bedryf in Suid-Afrika te ontwikkel en te komersialiseer. Ten einde die titaan bedryf strategie suksesvol in Suid-Afrika te implementeer, moet alle navorsing in hierdie veld beskerm word en daarna na die bedryf oorgeplaas word. Dit is dan die fokus van hierdie tesis, wat bereik word deur die ontwikkeling van ‘n IP strategie asook ‘n tegnologie oordragstrategie vir titaan masjinering. Sonder die nodige intellektuele eiendom (IP) beskermingstrategie, kan hele navorsing- en ontwikkeling projekte verloor word deur diegene wat voordeel wil trek uit IP wat nie korrek beskerm is nie. ‘n Tegnologie oordragstrategie is ewe belangrik aangesien, in die afwesigheid hiervan, die ontwikkelings wat gemaak word, dalk nie suksesvol geïmplementeer sal word in industrie soos bedoel nie. Om die IP strategie te ontwikkel, is omvattende inligting oor die basiese beginsels van IP beskerming en bestuur oorweeg. Tersaaklike inligting oor titaan verwerking soos, kontrak besonderhede, industriele venootskappe asook die vlak van ontwikkeling wat die navorsing alreeds bereik het met die aanvang van hierdie studie, is in ag geneem. Saam het hierdie inligting ‘n stewige fondament geskep vir besluitneming ten opsigte van die toepassing en die hantering van beide IP asook die oordrag van tegnologie in die titaanverwerking navorsings inisiatief. Elke nuwe tegnologie wat ontwikkel word, tesame met die betrokke IP benodighede, moet individueel oorweeg word, aangesien die scenario vir beide die IP beskerming en oordrag van die tegnologie na industrie unieke aspekte sal hê. As sodanig poog die strategie wat ontwikkel is binne hierdie verslag, 'n algemene raamwerk te bied vir die besluitnemingsproses vir enige situasie wat mag ontstaan. Beide strategieë is in hierdie tesis aangespreek. Die rigting vir toekomstige werk dui daarop dat ‘n IP portfolio saamgestel moet word wat voorsiening maak vir tegnologies-spesefieke besluite ten opsigte van IP uitsette. Ten opsigte van tegnologie oordrag, word verder aanbeveel dat toetse vir die validasie by venote in industrie ingestel word, ten einde begrip te ontwikkel vir hulle omgewings en vermoëns.

Includes abstract.
Includes bibliographical references.
This study is limited to technology based companies and transactions, but it provides a basic overview of the changes in intellectual property laws in jurisdictions relevant to the topic of this thesis, and in particularly addresses the impact on Chinese and Japanese laws due to TRIPS and WTO.

The truck manufacturing field is expected to go through a disruptive change in the coming decade(s) due to a predicted implementation of autonomous (self-driving) heavy-duty vehicles. Here, companies face a challenge in that autonomous vehicles (AV) will include technologies and competences from multiple industries. This will most likely have an impact on how companies manage their intellectual property (IP) to protect their inventions if they wish to keep up with the changing market. To do this in the most optimal way, it is argued that a company’s IP-strategy needs to be incorporated into their business strategy. At the same time, studies show that companies are experiencing difficulties in extracting the full potential of their IP-management. Hence, this master thesis aims at investigating how a truck manufacturing company can adapt their IP-management policy in line with future developments within these emerging technologies and how their IP-strategy can become intertwined with their business strategy. Next to a literature review of these fields, the thesis conducts a qualitative case study of a truck manufacturer that intends to be part of this change based on 11 semi-structured interviews. From the empirical results, the company’s decision-making process regarding IP is identified, whereby this thesis suggests four points of improvement that could make their IP-management policy more effective. Further, this study presents three actions that can be taken in a company to incorporate their IP-strategy with their overall business strategy. The study ends with giving suggestions for future research and presenting six managerial implications that would come by implementing the suggestions made in this thesis.

Por que a indústria editorial está empreendendo a difusão do livro digital quando esse padrão tecnológico perturba o regime de proteção e enforcement do copyright? Se a duplicação da criação intelectual e sua transmissão simultânea por meio de um arquivo digital inviabiliza o aparato coercitivo que ampara o enforcement do copyright, emerge daí um paradoxo. Por que precisamos dessa proteção jurídica? A questão central desta dissertação busca responder como a alocação de recursos na indústria editorial revela as escolhas estratégicas específicas para apropriação de lucros. Este trabalho é conduzido como uma pesquisa exploratória multidisciplinar por meio dos referenciais da economia histórica, economia do conhecimento, economia neoinstitucional, sociologia econômica e estratégia. Após a introdução, o trabalho foi desenvolvido em cinco partes. Os quatro capítulos iniciais desenvolvem quatro ensaios teóricos correlacionados em que, por diferentes perspectivas, busca-se elucidar o efeito resultante (positivo ou negativo) da proteção da propriedade intelectual sobre bem-estar social e sobre os mecanismos contratuais e estratégias empregados pelos agentes econômicos em reação ao delineamento jurídico copyright. O último capítulo encerra o trabalho com três pesquisas empíricas. Com o intuito de capturar os efeitos de diferentes ambientes institucionais é feita uma análise institucional comparativa entre quatro países (Brasil, Estados Unidos, França e Reino Unido) no período entre 1999 e 2010, buscando compreender como as organizações alocam recursos para apropriar lucros. A partir dos principais determinantes desta mudança tecnológica as características da regulação de copyright norte-americana e seu peso e influência no comércio internacional de bens intelectuais, na ação estratégica de dois agentes poderosos, a Amazon , Apple e Google e, finalmente, na existência de valor econômico representado pelas obras públicas existentes em domínio público que podem ser capturadas e ofertadas no formato digital - conclui-se que antes de almejar lucro, a indústria editorial busca acordar uma nova organização setorial para a criação e a distribuição de excedentes que vai impactar em uma nova forma de especialização e coordenação da produção. O presente estudo desenvolve uma abordagem de business history, colocando-se como uma interface entre a economia da propriedade intelectual, a análise institucional e a organização da firma e dos mercados
Why is the book business adopting and diffusing the digital book technology when this standard is supposed to disturb the enforcement of the copyright regime? If the digital reproduction of intellectual work is also followed by simultaneous and ubiquitous distribution and making it even harder to enforce the mechanisms that bounds the copyright a paradox emerges as a consequence. Why is this legal regulation necessary? We pursue to investigate the research question how the publishing business resource allocation strategy is correlated to profit appropriation. This dissertation is developed as a multidisciplinary effort based on the theoretical pillars within economic history, knowledge economy, neoinstitutional economics, sociology economics and strategy. After introduction, the work is divided in five chapters. The four initial chapters develop four correlated theoretical essays, with different lenses, aimed to search how the system of intellectual property rights affects, positively and negatively, the welfare and the strategic and contractual mechanisms carried by the economic agent as a reaction towards the copyright legal system. The final chapter concludes the research with three empirical investigations. Four different institutional environments - Brazil, France, United Kingdom and United States are comparatively evaluated in order to capture the effects of the industry resource allocation strategy and its relation to profit appropriation. The conclusion is that the main drivers of technology change - the special features of the North American regulation and its major importance on international trade, the strategic impact of major players, Amazon Apple and Google, and the large number of works available in the public domain to be captured - it is argued that the publishing business is not necessarily seeking to make a profit in the short term but gearing into a new production and distribution arrangement which is going to result in a new system of rent creation and distribution. This research is developed as a business history narrative, positioned within the fields of economics of intellectual property rights, institutional analysis and the study of firm and market organization.

1. The context: The European patent system has been affected by substantial changes over the past three decades, which have raised vigorous debates at different levels. The main objective of the present dissertation is to contribute to these debates through an exploratory analysis of different changes in patenting practices – in particular the way applications are drafted and filed to patent offices –, their drivers, association with the value of patents, and potential impact on the patent system. The coming essays are therefore empirical in their essence, but are inspired by economic motivations and concerns. Their originality is threefold: it resides in the novelty of the main questions discussed, the comprehensive database specifically built to address them, and the range of statistical methods used for this purpose. The main argument throughout these pages is that patenting practices have significantly evolved in the past decades and that these developments have affected the patent system and could compromise its ability to fulfil its economic purpose. The economic objective of patents is to encourage innovation and its diffusion through the public disclosure of the inventions made. But their exploitation in the knowledge economy has assumed so many different forms that inventors have supposedly developed new patenting and filing strategies to deal with these market conditions or reap the maximum benefits from their patents. The present thesis aims at better understanding the dimensions, determinants, and some potential consequences of these developing practices.

2. The evolution: Chapter 2 presents a detailed descriptive analysis of the evolution in the size of patent applications filed to the European Patent Office (EPO). In this chapter, we propose two measures of patent voluminosity and identify the main patterns in their evolution. Based on a dataset with about 2 million documents filed at the EPO, the results show that the average voluminosity of patent applications – measured in terms of the number of pages and claims contained in each document – has doubled over the past 25 years. Nevertheless, this evolution varies widely across countries, technologies and filing procedures chosen by the applicant. This increasing voluminosity of filings has a strong impact on the workload of the EPO, which justifies the need for regulatory and policy actions.

3. The drivers: The evolution in patent voluminosity observed in chapter 2 calls for a multivariate analysis of its determinants. Chapter 3 therefore proposes and tests 4 different hypotheses that may contribute to explaining the observed inflation in size: the influence of national laws and practices and their diffusion to other countries with the progressive globalization of patenting procedures, the complexification of research activities and inventions, the emergence of new sectors with less established norms and vocabularies, and the construction of patent portfolios. The econometric results first reveal that the four hypotheses are significantly associated with longer documents and are therefore empirically supported. It appears however that the first hypothesis – the diffusion of national drafting practices through international patenting procedures – is the strongest contributor of all, resulting in a progressive harmonization of drafting styles toward American standards, which are longer by nature. The portfolio construction hypothesis seems a less important driver but nevertheless highlights substantial changes in patenting practices. These results raise two questions: Do these evolving patenting practices indicate more valuable patents? Do they induce any embarrassment for the patent system?

4. Measuring patent value: If the former of these two questions is to be addressed, measures are needed to identify higher value patents. Chapter 4 therefore proposes a review of the state of the art on patent value indicators and analyses several issues in their measurement and interpretation. Five classes of indicators proposed in the literature may be obtained directly from patent databases: the number of countries in which each patent is enforced, the number of years during which each patent has been renewed, the grant decision taken, the number of citations received from subsequent patents, and whether it has been opposed by a third party before the EPO. Because the former two measures are closely connected (the geographical scope of protection and length of maintenance can hardly be observed independently), they have been subjected to closer scrutiny in the first section of chapter 4, which shows that these two dimensions have experienced opposite evolutions. A composite measure – the Scope-Year Index – reveals that the overall trend is oriented downwards, which may suggest a substantial decline in the average value of patents. The second section of chapter 4 returns to the five initial classes of measures and underlines their main patterns. It appears that most of them witness the well-known properties of patent value: a severe skewness and large country and technology variations. A closer look at their relationships, however, reveals a high degree of orthogonality between them and opposite trends in their evolution, suggesting that they actually capture different dimensions of a patent’s value and therefore do not always pinpoint the same patents as being the most valuable. This result strongly discourages the reliance on one of the available indicators only and opens some avenue for the creation of one potential composite index of value based upon the five indicators to maximize the chances of capturing all potentially valuable patents in a large database. The proposed index reflects the intensity of the signal provided by all 5 constituting indicators on the potential value of each patent. Its declining trend reflects a rarefaction of this signal on average, leading to different plausible interpretations.

5. The links with patent value: Based upon the six indicators of value proposed in chapter 4 (the five classical ones plus the composite), the question of the association between filing strategies and the value of patents may be analysed. This question is empirically addressed in chapter 5, which focuses on all EPO patents filed between 1990 and 1995. The first section presents a comprehensive review of the existing evidence on the determinants of patent value. The numerous contributions in the field differ widely along three dimensions (the indicator of value chosen as dependent variable, the sampling methodology, and the set of variables tested as determinants), which have translated into many ambiguities across the literature. Section 2 proposes measures to identify different dimensions of filing strategies, which are essentially twofold: they relate to the routes followed by patent filings toward the EPO (PCT, accelerated processing), and to their form (excess claims, share of claims lost in examination), and construction (by assembly or disassembly, divisional). These measures are then included into an econometric model based upon the framework provided by the literature. The proposed model, which integrates the set of filing strategy variables along with some of the classical determinants, is regressed on the six available indicators separately over the full sample. In addition, the sensitivity of the available results to the indicator and the sampling methodology is assessed through 18 geographic and 14 industrial clustered regressions and about 30 regressions over random samples for each indicator. The estimates are then compared across countries, industries and indicators. These results first reveal that filing strategies are indicative of more valuable patents and provide the most stable determinants of all. And third, the results do confirm some classical determinants in their positive association with patent value, but highlight a high degree of sensitivity of most of them to the indicator or the sample chosen for the analysis, requiring much care in generalizing such empirical results.

6. The links with patent length: Chapter 6 focuses on one particular dimension of patent value: the length of patents. To do so, the censored nature of the dependent variable (the time elapsed between the filing of a patent application and its ultimate fall into the public domain) dictates the recourse to a survival time model as proposed by Cox (1972). The analysis is original in three main respects. First of all, despite the fact that renewal data have been exploited for about two decades to obtain estimates of patent value (Pakes and Schankerman, 1984), this chapter provides – to the best of our knowledge – the first comprehensive analysis of the determinants of patent length. Second, whereas most of the empirical literature in the field focuses on granted patents and investigates their maintenance, the analysis reported here includes all patent applications. This comprehensive approach is dictated by the provisional rights provided by pending applications to their holders and by the legal uncertainty these represent for competitors. And third, the model integrates a wide set of explanatory variables, starting with the filing strategy variables proposed in chapter 5. The main results are threefold: first, they clearly show that patent rights have significantly increased in length over the past decades despite a small apparent decline in the average grant rate, but largely due to the expansion of the examination process. Second, they indicate that most filing strategies induce considerable delays in the examination process, possibly to the benefit of the patentee, but most certainly to the expense of legal uncertainty on the markets. And third, they confirm that more valuable patents (more cited or covering a larger geographical scope) take more time to process, and live longer, whereas more complex applications are associated with longer decision lags, but also with lower grant and renewal rates.

7. Conclusions: The potential economic consequences and some policy implications of the findings from the dissertation are discussed in chapter 7. The evolution of patenting practices analysed in these works has some direct consequences for the stakeholders of the patent system. For the EPO, they generate a considerable increase in workload, resulting in growing backlogs and processing lags. For innovative firms, this phenomenon translates into an undesired increase in legal uncertainty, for it complicates the assessment of the limits to each party’s rights and hence of the freedom to operate on a market, which is precisely what the so-called ‘patent trolls’ and ‘submariners’ may be looking for. Although empirical evidence is lacking, some fear that this may result in underinvestment in research, development or commercialization activities (e.g. Hall and Harhoff, 2004). In addition, legal uncertainty is synonymous with an increased risk of litigation, which may hamper the development of SMEs and reduce the level of entrepreneurship. Finally, for society, we are left with a contrasted picture, which is hard to interpret. The European patent system wishes to maintain high quality standards to reduce business uncertainty around granted patents, but it is overloaded with the volume of applications filed, resulting in growing backglogs which translate into legal uncertainty surrounding pending applications. The filing strategies that contribute to this situation might reflect a legitimate need for more time and flexibility in filing more valuable patents, but they could also easily turn into real abuses of the system, allowing some patentees to obtain and artificially maintain provisional rights conferred by pending applications on inventions that might not meet the patentability requirements. Distinguishing between these two cases goes beyond the scope of the present dissertation, but should they be found abusive, they should be fought for they consume resources and generate uncertainty. And if legitimate, then they should be understood and the system adapted accordingly (e.g. by adjusting fees to discourage some strategies, raising the inventive step, fine-tuning the statutory term in certain technologies, providing more legal tools for patent examiners to reject unpatentable applications, etc.) so as to better serve the need of inventors for legal protection in a more efficient way, and to adapt the patent system to the challenges it is or will be facing.
Doctorat en Sciences économiques et de gestion
info:eu-repo/semantics/nonPublished

In this dissertation I explore the role and importance of patent strategy for appropriating returns from innovation. In particular, I examine the mechanisms through which firms increase appropriability from patenting by employing complementary resources and capabilities and gauge their contribution to firm performance. To this end, I perform three empirical studies. In the first study, I focus on measuring patent value and demonstrate that the importance of firm resources and capabilities is much higher than previously thought. I interpret these results as providing strong support for the view that the design of patent strategy is crucial for profiting from innovation. In the second study, I look into a sample of technology acquisitions and examine under what circumstances firms profit from combining previously separate patent rights. I demonstrate that the merging of overlapping patent portfolios give rise to inimitable synergies, albeit only in complex technology industries. In addition, I find that firms are more likely to acquire targets with patents when their patent productivity is low, when they have a technologically diverse patent portfolio in complex technology industries and when they face an increased threat of being involved in patent suits. In the third study, I explore the role of patent strategies in the non-technological domain. I demonstrate that recent regulatory changes enabling the patenting of business methods can help patentees capture value from business model and management innovations. Moreover, I find that patenting experience and access to complementary assets are both crucial elements of a patenting strategy aimed at increasing appropriability. Taken together, these studies contribute towards bringing studies of patenting and the resource-based view of the firm closer together, to mutual advantage. This results in a better understanding of the effectiveness of patents at the firm-level and in a clearer operationalization of concepts of resources and resource interdependence.

Purpose – The purpose of this thesis was to increase the understanding of how formal and informal intellectual property may affect value generation of strategic and financial values within the nanotechnology start-up sector. Method – This study had an inductive approach through a qualitative multi-case study. The data collection was carried out through 23 interviews, including four exploratory interviews and 19 semi-structured interviews. The collected data was continuously analyzed in order to identify concepts, themes and aggregated dimensions. The collected data was analyzed through two categories, namely type of intellectual property and prioritized type of value desired. Findings – Through protecting innovations nanotechnology start-ups seek both strategic and financial values. The findings show nanotechnology start-ups seek strategic values in the form of trustworthiness through qualified recognition, ability to increase in market share, and having a competitive presence on the market. The findings further show nanotechnology start-ups seek financial values in the form of effective resource allocation, direct income from market transactions, and ability to attain investors. Furthermore, the findings suggest that for nanotechnology start-ups to effectively generate strategic and financial values it can be beneficial to combine formal and informal IP where a combination of trade secrets and patents can be valuable. Theoretical contributions – The analysis resulted in a grounded theory articulation in the form of a conceptual framework describing the relationships between the type of IP and how it may affect value generation for nanotechnology start-ups. This study adds to previous research that aspects fulfilling market demands can be effectively protected by patents, and aspects difficult to reverse engineer can be effectively protected by trade secrets in order to generate strategic and financial value. This study also adds to theory by identifying enablers describing how nanotechnology start-ups can generate strategic and financial values, and which type of IP is associated with each enabler. Practical implications – This study provide managers within the nanotechnology start-up sector with a framework suggesting how to generate different values from protecting innovations. The study further concludes that there are six important aspects to consider in creating effective IP strategies within the nanotechnology start-up sector. These aspects include; mapping the technological environment and the commercial market, determining which actual strategic and financial values are important for the start-up, protecting different aspects of an innovation with different types of IP, having trade secrets on aspects of an innovation that are hard to reverse engineer, to formally protect aspects of an innovation that fulfills market demand, and making a plan for how the rights attained can generate value.

Includes abstract.
Includes bibliographical references (leaves 310-370).
The patent system exists to encourage the development of new products from which society will benefit. The strength of protection awarded to patented products is a policy decision, allowing states to balance the monopoly rights of patent-owners against the inherent social costs of monopoly protection. The effective policy space within which states may establish domestic patent policy is increasingly circumscribed by international rules prescribing minimum protection levels regardless of local circumstances or consequences. In international negotiations, developing states have attempted to resist policy space curtailment using arguments that rely on foundational principles of the intellectual property system: its public purpose and its commitment to balancing costs and benefits. This negotiating stance has not been effective; its opponents counterargue that stronger patent protection achieves the same ends. This dissertation examines the resulting circular discussions at the 2001-2003 Doha negotiations and the WIPO Development Agenda talks since 2004. I argue that the impasse stems from an inability to move beyond the costs-benefits tension inherent in the patent system. Economists have been unable to resolve this tension by identifying optimal protection levels. Furthermore, intellectual property theory is unable to provide a bottom line at which the short-term social costs of patent monopolies must be deemed unacceptable, regardless of anticipated longerterm benefits. The developing states' negotiating stance will be strengthened if a bottom line can be identified. I argue that the International Covenant on Economic Social and Cultural Rights provides benchmarks to fulfil this function. ICESCR obligations are specific, objective, and measurable; they have international legitimacy; and they bind almost all states. I examine the Article 12 right to health to show that states violate the ICESCR if they ratify other treaties which reduce policy space and make it more difficult for states to adopt policies to meet their domestic or extraterritorial obligations. I also examine Article 15, concluding that it is insufficiently developed to offer firm guidelines. I use insights from international relations theory to examine the practical possibilities of adopting a human rights-based approach, and argue that the strategy will become progressively more effective as human rights norms are internalized through the negotiating process and by other means.

The theme of this diploma thesis is Knowledge Management that is becoming the focus of business companies. The theoretical part of the work is divided into several chapters that discuss the basic principles of Knowledge Management. The aim of this work is to describe the principle of knowledge management and create a basic draft of the knowledge base for the KPMG company. In the introductory part of the work, terms commonly used in knowledge management are explained. Further, the knowledge capital of the company, types of knowledge management and the related knowledge strategies are described. Second half of the theoretical part concerns the responsibilities, tasks and roles in knowledge management. The last chapters of the theoretical part describe the individual phases of knowledge management introduction in a company. The practical part of this thesis is focused at analysis of KPMG company knowledge management and design of a knowledge base that can substantially reduce the time necessary for completion of certain deliverables. The chapter concerns mainly with description of the system architecture of the knowledge base, that the author has designed for the KPMG company.

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A tese tem como objetivo estudar os efeitos dos mega-acordos comerciais, especificamente do Tratado Transpacífico (TPP) em relação às patentes farmacêuticas e, consequentemente, no acesso a medicamentos. O estudo foi realizado através de pesquisa bibliográfica e legislativa e culmina com a comparação entre TPP e TRIPS. O estudo será focado no período pós-TRIPS, no qual a governança do comércio internacional passa por grandes transformações e a regulamentação da propriedade intelectual fora do âmbito da OMC cresce, cada vez mais, com a formulação de regras consideradas TRIPS-plus e TRIPS-extra. Esta realidade do período pós-TRIPS pode afetar a função social da propriedade intelectual e torná-la um óbice para o desenvolvimento econômico. A implementação da agenda 2030 para o desenvolvimento sustentável exige solidariedade global através da cooperação internacional, envolve o debate multilateral do comércio internacional centrado na OMC e a facilitação da transferência de tecnologia. O debate multilateral e mais democrático sobre temas atinentes ao comércio internacional, propiciado pela OMC, está ameaçado.
The thesis aims to study the effects of trade mega-agreements, specifically the Transpacific Treaty (TPP) on pharmaceutical patents and, consequently, on access to medicines. The study was carried out through bibliographical and legislative research and culminates in the comparison between TPP and TRIPS. The study will focus on the post-TRIPS period in which international trade governance undergoes major transformations and the regulation of intellectual property outside the WTO is increasingly being developed by the formulation of TRIPS-plus and TRIPS- extra. This reality of the post-TRIPS period can affect the social function of intellectual property and make it an obstacle to economic development. Implementing the 2030 agenda for sustainable development requires global solidarity through international cooperation, involves the multilateral debate on international trade centered on the WTO and facilitating technology transfer. The multilateral and more democratic debate on issues related to international trade, provided by the WTO, is threatened.

This thesis deals with problems of brand piracy. The main objective is to evaluate the current situation in the various types of piracy, focusing on product piracy especially in the forms of counterfeiting and product imitation. The work consists of a theoretical and a practical part. The first chapter of this part concentrates on the general overview of brand policy. The important role and the value of the brands very much influence the purchasing behavior of consumers and support the presence of non-original products. The second theoretical part is further dedicated to the different types of piracy and legal protection of brands falling under the scope of intellectual property rights. To achieve a more comprehensive view, the practical part considers attitude, shopping behavior and opinions of Czech consumers on this issue.

Malgré l’amélioration du régime des droits de propriété intellectuelle (DPI) en Chine après l’accession de celle-ci à l’Organisation mondiale du commerce (OMC) en 2001, la question relative aux DPI demeure l’un des « sujets de vive préoccupation » dans le commerce sino-européen. Selon la stratégie européenne visant à assurer le respect des DPI dans les pays tiers, adoptée en 2005 et renouvelée en 2014, la Chine est ciblée par la Commission européenne comme le premier pays tiers dans lequel les autorités locales ne prennent pas de mesure efficace pour s’attaquer aux problèmes de violations des DPI. En raison des enjeux politiques et économiques importants pour l’UE, son intervention est nécessaire pour améliorer le régime des DPI et l’environnement de l’investissement en Chine. L’analyse de l’action extérieure de l’UE s’appuie sur l’étude des instruments auxquels elle recourt en vue de renforcer la protection et le respect des DPI en Chine. L’objet de notre recherche est d’examiner la manière dont l’Union choisit d’exploiter les instruments à géométrie variable au sein des enceintes multilatérale et bilatérale. Deux axes distincts mais complémentaires orientent la mise en œuvre de l’action extérieure de l’UE vis-à-vis de la Chine : l’approche coopérative, d’une part, et de l’approche conventionnelle, d’autre part. L’approche coopérative vise d’abord à rapprocher le régime juridique chinois des standards les plus élevés du droit de l’UE. En dépit d’un certain nombre de difficultés limitant l’efficacité de l’action extérieure de l’UE, la coopération bilatérale avec la Chine permet de contribuer à l’amélioration du régime juridique chinois. La convergence normative devrait ensuite faciliter l’apparition d’une approche commune entre l’UE et la Chine sur le plan conventionnel. Il importe à cet égard de souligner la position divergente de la Chine face à la promotion de l’UE, par la voie conventionnelle, d’un renforcement de la protection et du respect des DPI. Malgré la convergence accrue des positions européenne et chinoise favorables à la protection « ADPIC-plus » des DPI, la Chine se montre réticente voire hostile envers les initiatives conventionnelles de l’UE tendant à renforcer les mesures relatives au respect des DPI
Despite the improvement of China’s intellectual property rights (IPR) regime after this country’s World Trade Organization (WTO) accession in 2001, the IPR remains one of “major concerns” in Sino-European trade relation. According to European strategy for the enforcement of intellectual property rights in third countries, adopted in 2005 and renewed in 2014, China is identified by the European Commission as first priority country, in which the local authority does not take effective measures to tackle the problems caused by IPR violations. Taking into account the EU’s important political and economic concerns, his action is necessary in order to improve the IPR regime and the investment environment in China. The analysis of EU’s external action is based on the instruments used to strengthen IPR’s protection and enforcement in China. The purpose of our research is to examine the EU’s method to use the different instruments within the multilateral and bilateral fora. Two distinct but complementary axes orientate the undertaking of EU’s external action vis-à-vis China: cooperative approach, on the one hand, and the conventional approach, on the other hand. Firstly, the cooperative approach aims to bring Chinese legal system closer to higher standards in EU law. In spite of certain difficulties limiting the efficacy of EU external action, the bilateral cooperation with China can contribute to a better legal system in China. Then, the normative convergence should be able to facilitate the emergence of a common approach between the EU and China in the conventional framework. In this respect, it is important to emphasis Chinese divergent position with regard to EU’s conventional approach aiming to strengthen IPR protection and enforcement. Despite the increasing convergence of European and Chinese positions favorable toward “TRIPs-plus” protection, China seems reluctant even hostile to EU’s conventional initiatives intending to strengthen IPR enforcement measures

碩士
東吳大學
法律學系
107
Regarding the intellectual property of a company, regardless of its identity, originality, economy, and secrecy, it has important economic value to the enterprise. Therefore, defending intellectual property rights becomes a principle that must be adhered to. However, in practice, it is often the case that the right holder misunderstood the level of statutory criminal responsibility, analogy to the value of intellectual property, or excessive expectations of severe criminal responsibility, resulting in inefficiency and effectiveness of the lawsuit. How to achieve the effect of protecting intellectual property rights in the most efficient and effective way, whether it involves the initial case, whether it can pragmatically examine the nature of intellectual property rights in the case, the burden of proof that can be assumed, the value of intellectual property, and then formulate the appropriateness of law The criminal investigation strategy is the focus of the discussion throughout this paper. The structure of this thesis is divided into five chapters. The first chapter "Introduction" explains the research motivation, research purposes, research methods and expected results. The second chapter "Criminal Policy of Intellectual Property Rights" first explains the various criminal property rights or criminalization. The reasons for the rationalization, and then the corresponding penal provisions and the difference between the benefits; the third chapter "the analysis of the benefits of intellectual property rights", the practical difficulties faced by the investigation and related statistics, how to achieve the most in the burden of proof and investigation methods In line with the efficiency of the practice, and in addition to various administrative regulations, in order to infringe on the minor intellectual property rights cases, provide more efficient solutions, so that operators who fail to operate fully legally do improve or withdraw from the market; Chapter 4 "Case The analysis is based on eight cases of conviction or compensation, showing how to protect the most important intellectual property rights of the right holders in the most effective way. Chapter 5 "Conclusions and Suggestions" is a comprehensive The discussion and case analysis of the first four chapters, the conclusions and corresponding recommendations.

碩士
國立臺灣大學
商學系
82
This study is to explore the ACER Intellectual Property Right( (IPR) strategy. According to the literature, the author tries to integrate a framework that contains the characteristics about patent right, personal computer technology, business strategy, and technology strategy to analyze the IPR decisions that were made by ACER, the largest computer company in Taiwan. The pattern of decisions made by ACER is named ACER IPR strategy. The ACER IPR strategy is presented as follows: 1.By the cross-sectional view, the ACER IPR strategy is "ACER wants to become the leader in some technology areas, for example, in the upgrade technology area about single chip application. Then, ACER would apply patent rights as possible to protect its leading technologies. Finally, ACER hopes to achieve the goal that its royalty income equals outcome in the long run." 2.By the longitudinal view, the ACER IPR strategy is "During the technology development and IPR management revolution, ACER has confronted with some significant IPR arguments, that is APPLE, IBM, and CHIP-UP events. At the first two events, ACER was in the defended position where ACER was accused by the foreign companies for infringing their IPRs. At the last event, ACER owns valuable IPRs and can take actions to protect them, thus ACER was in the active position."

碩士
國立臺灣大學
商學研究所
86
This thesis would first of all like to investigate the problem of intellectual property rights involved in electronic commerce from the point of view of information value. Secondly, I would explain and analyze the institution protecting intellectual property rights. Last, I will make suggestions on intellectual property rights management strategy that can be incorporated by corporations. The intellectual property rights management strategies mentioned in this paper include Domain Name, Copyright on the Internet, Homepage and Database. I would like to make further investigation and research on the topics mentioned above. The controversy involving intellectual property rights on the Internet mainly concerns the areas that effect all the individuals participating in electronic commerce. Thus, after analyzing situations encompassing the administration of intellectual property rights in electronic commerce, this paper would try to deduce appropriate strategies of intellectual property rights management for the decision-makers of corporations.

碩士
國立暨南國際大學
國際企業學系
95
Service industry has been increasingly crucial to Taiwan’s economic system, wherein especially professional IP services are getting required by the enterprises for protection of their products and further for enhancing competitive advantage. However, low-price policy of IP service firms for adverse competition has deteriorated their service quality and reduced their profitability. This study attempts to explore the perceived value of the clients, to locate the effective marketing strategies based on the client’s perceived value, and to discuss the relationship between the marketing strategy and the client’s perceived value. By reference to Harmon & Laird’s (1997) and Ulaga and Eggert’s (2006) taxonomies of customer value drivers, this study adopts exploratory and qualitative research approaches to gather information regarding client’s perceived value from IP supervisors of public companies in central Taiwan through in-depth interviewing. It is found that the information asymmetry and the IP firm’s characteristics cause client’s incompetence of perceiving IP service value to further incur client’s adverse selection of IP firm and/or price/cost as the only one criterion, finally resulting in deteriorated service quality and indifferent service. Some clients are though still sensitive to the prices quoted by IP service firms but numerous value drivers are deemed much influential in the clients’ perceived value and decisions This study concludes that customer perceived value can be readily linked to the marketing strategy and value-based marketing strategies should effectively improve the information asymmetry between the IP firms and their clients.

碩士
國立臺灣大學
資訊管理研究所
84
Intellectual Property Rights(IPR) have become a major issue in international trade and investment. IPR are the legal means to ensure that the producers of technology reap the rewards of their investment, effort, and creativity. With the globalization of the world economy, nations are finding that maintaining the competitiveness is a critical factor in development. Global intellectual property protection is important to the industrialized countries given that the majority of new technology is generated there. Protection is equally important in other countries where significant market opportunities are expected, or where significant foreign competitors have manufacturing facilities. The IPR for Semiconductor Industry in Taiwan provide protection against copying of registered topographies, and the structure and the method of operation of electronic circuits embodied in integrated circuit products, or industrial processes used to manufactured integrated circuit products. This study provides a baseline reference to Researchers and Manufacturing Managers of Integrated Circuits in the area of IPR Management Strategy. The thesis aims to discuss the issues of IPR pertaining to the Semiconductor Industries in Taiwan. Six IC Manufacturing companies have been benchmarked to illustrate the IPR protection management. The model developed in this study provides IPR management strategy for Semiconductor industries in Taiwan. The frame work of the model developed focuses on the management strategy rather than on the legal and technical issues involved in the manufacturing of the Integrated Circuits.

碩士
國立臺北科技大學
智慧財產權研究所
104
The so-called intellectual property rights. The law terms means the patent law, trademark law, copyright law and trade secret law, etc. The law has clearly defined rights and obligations. In order to obtain a patent and trademark rights that need to apply by national authority of patent and trademark. Patent authority is the Ministry of Economic Affairs Intellectual Property Office in Taiwan. The application fee and annual maintenance fee will be accumulated considerable expense. Many Intellectual Property Rights Management studies that focus on publicly traded companies conducted include domestic and foreign. Well-known abroad, such as IBM, APPLE and GOOGLE, domestic such as ASUS, TSMC and Hon Hai, etc. They are of high technical level and well-funded company. Therefore, in intellectual property management strategy, there is no comparative capital cost burden. However, for startup (capital of 50 million or less) is concerned, and can not invest a lot of money for intellectual property policy management and layout. The global competitive environment. Technology progress and change. Always need to generate start-up Companies. In order to maintain their economic advantages. To avoid loss of national competitiveness and marginalized. So the market is the need to create new company. startup company in case of insufficient funds and technical difficulties. How to complete development of intellectual property management strategy is necessary to study.

碩士
銘傳大學
法律學系碩士班
98
About 1958, when a group of American engineers put two transistors on the silicon chip, the developed world''s first integrated circuit (referred to as IC), integrated circuit products in our lives are almost indispensable. Since 1950, science and technology develop quickly to affect and change our lives. The largest factor of them in improving human live is the development of the semiconductor industry. According to the 2009 Semiconductor Yearbook of industrial technology research institute, IC design industry in Taiwan made total value of out-put about 374.9 billion Taiwan dollars in 2008. It is very important to our economy of the industry. Integrated Circuits Design is a high professional industry, and the results of the research can enjoy a real economic value. But, the research about the intellectual property laws of the integrated circuit design has pretty few literature discussions. So, by the opportunity of writing the thesis, I will combine IC designed professional knowledge and the legal theory of intellectual property rights to discuss the protection strategies of intellectual property rights in the IC design. First, the thesis will introduce the integrated circuit design flow, and then under the integrated circuit design at different stages to explore its various stages of the protection of intellectual property rights. Because the United States was the first legislation state to protect the integrated circuit intellectual property rights, its integrated circuits circuit layout of the development of protection may be able to learn to follow. So this article describes the Protection of Semiconductor Chips Products will be able to give us to understand the origins and the need about the circuit protection of intellectual property rights legislation. In addition, many international organizations will also see the integrated circuit of intellectual property rights as the scope of protection. These organizations and treaties, including the World Intellectual Property Organization (WIPO), the integrated circuits on the intellectual property treaties, and the World Trade Organization (WTO) of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS))" will be discussed, too. In general, intellectual property rights of the integrated circuit technology not only include exclusive rights of those exclusive things like the integrated circuit layout rights, patents and copyrights, IC technology is also subject to trade secret laws. This thesis will discuss about protection ways of integrated circuits for the feasibility study, and will also discuss the impact of international treaties to our country. Finally, we will discuss about what problems our country face and will attempt to provide some suggestions for the future of the proposed amending the law on the legal, technical and economic sides.

碩士
國立交通大學
管理學院高階主管管理碩士學程
94
Semiconductor wafer foundry business has been known to have high entry and exit barriers. At the same time the switching costs are not high for semiconductor foundries’ customers. As a result semiconductor foundries often need to engage in cut-throat price war to keep or attract customers. We discuss seventeen elements that contribute to the switching cost, and propose to use Silicon Intellectual Properties (SIP) as a means to combine various switching costs, while providing foundries and their customers a win-win solution. This thesis also has detailed discussion of how SIP is used, SIP’s position in the value chain, SIP categories, and SIP suppliers. At the end, SWOT (strength, weakness, opportunities, threat) analysis are used to compare foundry fab and 3rd party IP vender. Five strategies namely (1) availability (2) Design For Manufacturability (DFM) adder (3) aggressiveness (4) travel agent (5) home depot strategies are proposed for wafer foundry to increase the switching cost. The five strategies proposed above bring in extra values to foundry fab’s customers, thus even with the increase in switching cost, customers will be willing to take the solutions provided by wafer foundries through SIP.

博士
國立中興大學
科技管理研究所
107
This paper explored the Internet of Things (IoT) ecosystem and the intellectual property (IP) strategies of Taiwanese firms. A questionnaire survey and interviews with high-ranking managers of IoT firms offered insight in this study. Our contribution is adding the multi-supply context to the multi-invention context, introducing the ecosystem to the formulation of the IoT IP strategy, and the argument that the profitability of IoT firms is shifting from the individual firm basis to the entire ecosystem basis. It is argued that IoT IP strategies must support this trend and consider aligning IP strategy with the IoT ecosystem, utilizing multi-IP protection, integrating IP strategy with industry solutions and monitoring the litigation trigger point. These resultant strategies will prove helpful to IoT firms in formulating a practical IP strategy.

碩士
國立勤益科技大學
研發科技與資訊管理研究所
100
In recent years, many corporations or organizations in Taiwan have showed outstanding performance in international research and development ability, thereby becoming a significant part of the international competitive market. Corporations or organizations have gradually come to understand how to use intellectual property rights management to protect themselves, lower the challenges by their competitors and obstacles from complex competition, in turn effectively elevating competitiveness to increase industrial development and business opportunities, achieving the objective of sustainable development. However, the core developmental strategy of corporations is the first element to establish business concepts, and it is also the way for corporations to choose the basic foundation of competition and to measure its knowledge, capabilities, and unique abilities. Taiwan’s system of intellectual property rights management seeks to enhance technological standards, and passively bestow exclusive rights on inventors, resulting in gradually lowered corporate competition ability. Thus, this study explores research on the strategy of private firms’ sustainable development of intellectual property management, to investigate and offer improvement guidelines to adjust corporate structure for the sustainable development of intellectual property rights management strategies,achieving the core objective of sustainable development and the nature of intellectual property rights management strategies. This study summarizes the sustainable development of intellectual property rights management strategy by corporations in three dimensions of economics, environment, and society. Analytic hierarchy process (AHP) is used to survey experts and scholars, to establish the ranking of importance in corporate sustainable development of intellectual property rights management strategy implementation. Conversely, in the age with massive quantities of knowledge and popularity of the internet, this study uses LabVIEW 2011 to construct a diagnostic system for the dimensions of corporate sustainable development in intellectual property management, and applies the computation types and correlation among features in extension theory, in order to derive the correlation values for the corporate sustainable development of intellectual property rights management strategy. According to the dimensional orientations of this diagnostic system, improvement guidelines for the future strategies in corporate sustainable development of intellectual property rights management are used to achieve the objective of sustainable development for corporations. Research conclusions of this study show that in the strategic development of intellectual property rights management, many corporations focus the core strategies on economic development, followed by social development, and finally environmental development. However, this is the opposite of expert rankings of the most important being environmental development, followed by social development, and finally economic development. Based on this, this study offers improvement guidelines for the corporate sustainable development of intellectual property rights management strategy.

碩士
大同大學
工程管理碩士在職專班
102
This study is aimed to present the LED lighting technology and to analyze current trend of LED lighting industry and related applications. Based on the strategic development and competitiveness of whole industry sectors, the patented LED technology was discussed and the potential application on the lighting device was analyzed. The scope of this study includes (1) analyzing industry trend and discussing the current LED lighting technology as well as the basic demand of consumers; (2) using Porter diamond model to analyze the application potential of LED lighting device to the relevant market and its position in the market and (3) exploring the advantages and disadvantages in the LED lighting device and the opportunities and threats from the market based on the SWOT analysis. The empirical results indicate that the LED technology can be applied to the lighting device and patented LED device provides useful information for lighting industry. In addition, the marketing strategy of intellectual property right would help the manufacturer and the inventor to obtain profit.

碩士
國立政治大學
智慧財產研究所
98
Due to the limited deposits of fusil energy, the safety and environment protection of energy use ate the most two crucial issues among the countries. After decades of development, alternative energy commercialization successfully started in developed countries. Nevertheless, it’s still not material enough comparing to the energy consumption now days. However, the effect of the energy efficiency technologies is far more practical for developing countries that do not have enough budget for alternative renewable energy research and development. With effective energy management, the Energy Service Companies (ESCOs) can reduce significantly the waste of energy and the influence to the environment while mitigate the impact of the economical growth of emerging countries. ESCOs profit from the energy conservation of their clients by enhance the energy efficiency in various categories including utilities, government, industrial and commercial sectors. According to present study, European countries and Japan in Asia have already developed outstanding environmental friendly policies both in public and private sectors. On the other hand, highly energy consumption country like United States and rapidly growing China just started to deal with this global warming problem and hopefully can still maintain the economy growth at the same time. Undoubtedly, we face the same issue here in Taiwan. As a result, this study is trying to gather and analyze information about ESCO industry in United States, China and Taiwan from three aspects, governmental policies, industry environment and intellectual property strategies to conclude as well as raise opinion and suggestion about the future development of ESCOs. This study concludes in following opinion and suggestion, 1. ESCOs shouldn’t emphasize all their resources to conduct Solar and Wind power technologies instead of energy efficiency technologies. 2. Learn the track of ESCOs in United States and focus on the market in China. 3. Aggressively develop intellectual property strategies about ESCO related subjects in China. 4. Introduce the concept of “Centralized Energy Management System” and encourage innovation of law carbon discharge and high efficiency technologies. 5. Develop ESCO model in residential application. 6. Develop creative fund raising tools for ESCOs. 7. Invest in education and training program related to ESCO industry.

碩士
國立臺灣大學
商學研究所
96
Since global telecommunication is liberalized, mobile communication has been transferred from 1G (analog voice transfer via circuit-switch), 2G (digital voice transfer via circuit-switch), 2.5G (plus with data transfer via packet-switch), to nowadays 3G (which emphasizes voice and data communication; voice is transferred by circuit-switch and high-speed data is transferred in broadband by packet-switch). The development of 3G is slowly and the cost is expensive, so the market expands unsmoothly. To improve the transfer rate and cost, the B3G technology has begun developing and being studied worldwide toward a combination of voice and data transfer via pure packet-switch. Development of mobile communication industry started late in Taiwan. Owing to not attending the process of related international standard definition, which results in lack of essential IPs or critical techniques for local companies, most of Taiwan’s manufacturers can only do as ODM/OEM mainly. Through understanding the current situation and trend of international mobile communication market, the B3G’s technology, and the latest status of mobile communication industry development in Taiwan., the purpose of this study is to help, when B3G comes, Taiwan’s mobile communication operators and manufactures on how to face the situation and to develop the industry accordingly, by analyzing the industry chain and national competitive advantages and disadvantages. The results of this study briefly indicates that, in the age of B3G, Taiwan’s mobile communication operators will face the situation that voice fares will drop continuously, a flat fee charging system will be applied for all packet switch services, and voice income will be no longer the main profit source. Although any possible value-added service continues to be developed and enhanced by current operators, the B3G’s characteristic: broadband and higher transferring rate, will lead all internet operators into this competitive market. As voice income falls, it is estimated some operators without enough innovation talents may be forced to reduce the staff, be merged, or even be terminated, while some others survived may diversify into other potential market by using its own customer resources. Except following by traditional low-end or middle-end cell phones OEM/ODM in the past, Taiwan’s mobile communication manufactures have developed many competitive advantages, and established the industry chain on WiMAX technology, stepping toward B3G, by the government’s assistance in recent years. Since B3G is purely founded on IP-based core network, the study concludes some suggestions for Taiwan’s manufacturers as follows: (1) except keeping on handset IC development, to endeavor researching and developing the related techniques about base station and system equipment in order to step toward a whole-system output by using our current advantages of fully parallel labor-divided semiconductor-outsourcing industry and IC design knowledge of mobile handsets; (2) to improve Smartphone market share and to expand international market based on our competitive advantages of Windows Mobile technology; (3) as ODM/OEM, to expand export market and to explore new customers; (4) to enhance brand extension for profit increase; (5) by using our comparative competitive advantages of Internet industry, to develop techniques of B3G, which is based on pure-IP. Because European, American and Japanese firms own most proprietaries of the essential IPs about mobile communication, our manufactures are inevitably charged for expensive royalties. As for the government, since no innovative technology for B3G has appeared, Taiwan’s government should take the patent problem seriously, and cooperate with the manufacturers and academia to actively attend the conference of related international standards definition, analyze the patent ownership situation, and seek for new opportunities to develop our own innovative intellectual properties so as to improve our competitive advantages in the international market.

碩士
國立臺北科技大學
智慧財產權研究所
106
WHO pointed out that depression and anxiety result in a global economic loss of more than US$ 1 trillion every year. Global Views surveyed Taiwanese people at 30 to 49 years of age with the most stress. The above illustrates that depression and stress can lead to health problems. On the other hand, IEK projected that health promotion output in Taiwan would exceed NT$ 120 billion by 2020, explaining the growing trend of health demand. In order to clarify the key tracks of brand, intellectual property and business strategy of Netcraft, the startup company, convey brand mind: Existing and Relaxing, improve products and services, deepen value of Intellectual Health and benefit more people, this study looks forward to domestic and international model enterprises, Namchow, YUAN and P&G, converging into the guideline of Netcraft and then analyzes Netcrafts brand and intellectual property management strategy. Additionally, intellectual property management strategy includes 4 aspects: patent, trademark, copyright and trade secret. Conclusion is to use sustainable brand roadmap to understand key tracks of brand, intellectual property and business strategy of Netcraft and to propose two-stage management strategy to reflect the value of Netcraft. Furthermore, Netcraft’s brand management strategy focuses on the viewing navigation of sustainable brand roadmap. Patent management strategy focuses on 6-axis patent business management. Trademark management strategy focuses on the previewing registration of defensive and associated trademark. Copyright management strategy focuses on copyright footprint management. Trade secret management strategy focuses on procedure, environment and NDA management. Finally short term suggestion about Netcraft and Taiwanese enterprises could integrate deployment of brand and intellectual property to create synergistic effect. Long term suggestion could set intellectual property criteria such as introducing TIPS and enhance CSR level to pursue sustainable brand development. Join hands with Taiwan to rotate its brand in global markets; moreover, maximize Taiwans global brand value and enjoy the happy embrace of Intellectual Health Property simultaneously.

碩士
國立臺灣大學
國際企業學研究所
92
This thesis is to discuss the Business Model and Competitive Strategy on Taiwan Semiconductor Intellectual Property Industry. Michael Porter’s Five Forces Framework of Industry Competition, Industrial Value Chain and the Key Success Factor (KSF) analysis methods are referred for the study. While investigating the complicated competition environment in Taiwan Semiconductor IP Industry, the competitors are inclusive of Electrical Design Automation (EDA) Tool Providers, SIP Design, ASIC Design & Service, Layout, Fabless IC Design, Wafer Foundry and Assembly & Testing. The “Disintegration Strategy” has become the trend for the expertise need in the industry chain; however, the companies are pursuing continuous growth throughout Vertical Integration by Strategic Alliance, Licensing, or Merge & Acquisition strategy. This thesis is to study the SIP industry business model and competitive strategy from the competition and cooperation (Copetition) among the SIP companies in Taiwan Semiconductor Industry, trying to analyze and figure out the competitive advantages and critical success factors of SIP companies. The scope is to focus on SIP industry in Taiwan. Two methods are referred to proceed the study, one is to survey industry by applying questionnaires, and the other one is to perform an in-depth interview to the company management of in SIP industry in Taiwan. The questionnaire is following Michael Porter’s Five Forces Framework to analyze the intensity of competition among suppliers (EDA Tool Providers and Wafer Foundry Houses), Buyers (Fabless IC Design & System Houses), Substitutes (FPGA & ASSP Providers) and New Entrants. On the other hand, the in-depth interview will be performed by the method of Value Chain to analyze the success case to the top one SIP Design Service Company in Taiwan -----Faraday Technology Corporation. The result of study reveals that most of SIP Companies in Taiwan are about small capital size as low as NT$300M, however, the company numbers are relatively as many as 20 and more. Due to the strong competition, the SIP companies in Taiwan tend to be the big one, becomes bigger and stronger. However, the SIP companies are lacking of bargaining power to the wafer foundry houses, therefore, the best strategy is to closely cooperate with them. For the limited design resources in SIP companies who tend to grasp the Unique or Star IP by licensing from IP providers to support the customers, Fabless IC Design Houses and System Houses, and not directly compete with them. The conclusion of this study is that the SIP companies should focus on ASIC & SoC Design Service as the major business and extend to strengthen the IP design capability to support the ASIC Design business, to maintain and develop the close relationship with both foundry house and system house to achieve the System Application Oriented design service strategy. To create the SIP add-on value, the SIP Companies should participate the SIP Plat-Form Based Design Association、 IP Mall and Strategic Alliance with IP Providers to enable the companies to support international customers by providing Turn Key & Complete Solutions. Keywords: SIP Industry、 Competitive Strategy、 Value Chain、 Key Success Factor、 Disintegration、 Vertical Integration、 Strategic Alliance、 Co-petition、 Competitive Advantages、 Five Force Framework、 Competition Intensity、 Turn Key Solutions.

碩士
國立臺灣科技大學
管理研究所
99
With the rise of China's economy, along with its more open policies, there are more and more foreign companies went to China to invest or set up factories, at the beginning they may get a good performance, but over time, the China domestic companies rises, foreign companies wanted to maintain their advantage and expand business becomes a challenge. In addition, local protectionism and counterfeit in China are also problems. The other point to criticize is China’s intellectual property, the intellectual property laws in China doesn’t have a complete system, the criterion in local are inconsistent, so there are many difficulties to overcome for the development of foreign companies. The purpose of this study is to analyze how the multinational enterprises to diversify and protect their intellectual property rights in China, using case study method to explore the case company's diversification strategy in China to know the multinational enterprises in the Chinese market how to protect intellectual property. By the case company strategy analysis, the company's intellectual property maintenance strategies are as follows: (A) Brand declaration and litigation: to crack down on opponents. (B) The patents and trademarks: to avoid infringement countersued by others, and as a basis for litigation. (C) Technology separation: the core technology and knowledge develops in the headquarters and some secondary technology develops in China. (D) Intellectual property department: a special place to manage all intellectual property assets and other related matters. (E) Staff employment contracts: the contract termination provisions set business norms and, to restrict employee is not compromised intellectual property. The study also provided several advices for intellectual property strategy: (A) The market side: ask China to increase intellectual property protection, while provide convenient and affordable authorization mechanism. (B) The technology side: to accelerate the speed of technological innovation and increase the difficulty and reduce the possibility of imitation. (C) The management side: the record keeping of creative process, patent and trademark applications and intellectual property rights monitoring system.

碩士
國立交通大學
管理科學系所
93
Intangible assets play an essential role at organizations. It could create more value than tangible assets which refer to land, equipment, plant et cetera. Universities usually have a lot of R&D results which are industry wants to gain. After the legislation asserted university could own its intellectual property (IP), there are more and more TTOs (Technology Transfer Offices) or TLOs (Technology Licensing Offices) established. These offices are the bridge between the university and industry, doing the university/industry technology transfer (UITT). Due to the different considerations between university and industry, this study focuses on the academic aspect to view what factors (or criteria) are important to the success of technology transfer and how much they are important. After understanding these rankings, IP marketing strategies would be constructed, it would be the effective way to help university to promote their intellectual property.

碩士
國立臺灣大學
知識管理組
92
This study is to discuss the importance of intellectual property strategy in biomedical industry. By actually making a patent map and doing a patent analysis for glucose meter technology, we find a matched information for which come from patent side and market side. This study is not only to show a keywords model and searching strategy of patent analysis but also generate a patent database for glucose meter technology. From comparing the real market situation such like Feature-Advantage-Benefit to customer and market share for major players, we can find a matched situation of information between market side and patent side. It indicates a critical role for IP strategy and patent analysis in biomedical industry. The model of the searching structure and the acquired database provides a reliable and useful information base in predicting real market situation. This study also demonstrate a series of patent maps by patent activity and patent quality, it can be helped to make a company policy of intellectual property management. The core technology patents is also derived by cited patents and the application of them could be used in more advanced development in new products. The result of this study could be applied to a real market competition forecast. The patent database created by our keywords model provides an effective information resource. With matched of real market situation, the information analyzed from the database could be used in prediction of real market competition.

碩士
國立臺北科技大學
智慧財產權研究所
105
In this research, the author analyzes electric locomotive patents and trademarks from a company named GOGORO Inc., in an effort to discuss the application activities of its related intellectual property. The purpose of this research is to understand and analyze the status of the patent and trademark arrangements used to protect GOGORO’s electric locomotive, and to discuss future trends in the development of electric locomotives, through the use of patent analysis. In an initial step, all of GOGORO’s electric locomotive patents and trademarks were searched. The results obtained from this search were then used to analyze both patents and trademarks. The patent analysis includes the number of patents, patent application dates, patent classifications, priority analysis, patent families, patent abstracts, patent contents and priority technologies, whereas the trademark analysis includes trademark information, trademark application categories and countries, etc. The aforementioned analyses were carried out in order to understand the patent technology and trademark development processes of the case study companies, in order to enhance the analysis of GOGORO’s key patents and trademarks. Finally, the future direction of patent and trademark activities are shown, in order to assist GOGORO electric locomotive in considering the global trend and development, and to provide recommendations for its patents and trademarks.

碩士
輔仁大學
織品服裝學系
100
In 2003, the global lingerie market was over U.S. $ 30 billion. In 2010, according to the Taiwan Institute of Economic Research, underwear had been a lucrative business, and could generate NT$20 to 25 billion in Taiwan each year. Taiwan Wacoal Corporation Limited and Triumph Taiwan had accounted for one third percent of the local underwear market in recent years. In this study, analysis of the industrual design of design patents, the international patent classification of patents and the goods and services code of trademarks for Triumph and Wacoal were our major research areas. The study found that Triumph's patent strategy and trademark strategy is consistent across the different countries; Wacoal has varied their patent strategy and trademark strategy for different countries. Nonetheless, the main area of competition of these two companies patent had been concentrated on A41B(Shirts; Underwear; Baby Linen; Handkerchiefs)、A41C(Corsets; Brassières) and A41D(Outerwear; Protective Garments; Accessories) and trademark had been concentrated on 25 (Clothing) goods code. Finally, according to SWOT analysis of Taiwan's underwear market and conclusions of this study provide business strategy for domestic manufacturers.

碩士
國立臺北科技大學
智慧財產權研究所
107
The source of intellectual property rights can be various, including research and development by the enterprise, purchase or licenses, mutual licenses of strategic alliances, acquisition and merger of enterprise or joint ventures to in acquire intellectual property rights. Enterprise can increase its competitiveness by acquiring intellectual property rights from other companies or enterprise. As the resources of intellectual property rights are limited, if enterprises cannot gain the such intellectual properties by its inventions, enterprises will acquire these IPRs by means of mergers and acquisitions and obtaining a dominant position of the industry. Firstly, the article will explain the mergers and acquisitions by management theory, and then analyze the benefits of M&A expectations of multinational corporations, especially in terms of the benefits obtained from the acquisition of assets, and analyzing the business model and technical layout and other related factors, through legal mergers and acquisitions. Secondly, the article will analyze international M&A case of its background, M&A process, IPR Issue to the IPR strategy and operation category. Besides, the article also applies management theory to define the IPR assets and summarize the SEP for M&A cases. The article tries to analyze in different ways of obtaining intellectual property rights such as mergers and acquisitions, licenses, strategic alliances or NPE corporation and the impact to the IPR transactions in lawsuits. As the article shows how international corporations enhance its advantages of operations and comprehensive effects of mergers and acquisitions, and how the legal norms are used in the corporations manage its IPR, and the may provide the reference for technology industry to apply the SPE strategy to increase its IPR pool and competitiveness in the future.

碩士
輔仁大學
國際創業與經營管理學程碩士在職專班
107
Since the knowledge economy has prevailed since the 19th century, intelligent capital has been a topic that scholars are keen to explore, and it is more inseparable from intellectual property rights.And innovation in modern times has been regarded as a dominant science, a competitive advantage, enterprises to innovate, employees should also have a high degree of innovation, so intelligent capital and innovation strategy has been affecting the business model of enterprises, the purpose of this study is to explore the current innovative business operators, intelligent capital investment and its innovation strategy and business model of the relevance , That is, how the operators through the use of intellectual property rights and their innovative strategies, so that technological inventions and pictorial trademarks and other intellectual property rights to create relatively excellent benefits. Based on the intellectual property rights operation and innovation strategy map, this study understands its understanding and operation of smart capital through interviews with innovative business operators and specialized service providers, and summarizes the similarities and differences. in conclusion. Biotech (innovation) industry is mostly highly professional intellectuals, so it pays special attention to the protection of its own technology, and hopes to protect the technology and take the lead in marketing in the future, so it will pay attention to intellectual property rights in the early stage of business. Investing, the level of education does affect the early patent layout of the innovation industry, and will concentrate resources on applying for invention patents in future target markets and sales and manufacturing locations. The study also found that intellectual property rights have no direct attack and defense at the beginning, and competition has direct benefits to biotech (innovation) operators, but it does help fundraising and public relations announcements to prove their research and development capabilities and improve future customers. The willingness to act as a distributor and influence the strategy of entering the national market. In summary, the intellectual property has a great influence on the business model. No matter at which stage, it has its importance, and it can also timely remind the innovation business operators at all stages. In addition to the intellectual property rights system that has been implemented for many years, the government departments have also established a complete ecosystem through cooperation between the research institutes and the industry. In recent years, the Ministry of Economic Affairs has also begun to promote the certification of the intellectual property personnel of the Ministry of Economic Affairs. The intangible assets appraisers of the bureau hope that young students can know more about the intellectual property rights industry. This study also hopes that under such a discussion, it can enhance the cognition and application of intellectual property rights by innovative business operators.