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Dissertations / Theses on the topic 'Intellectual Property'
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1
Berardi, Christopher W. (Christopher Walter). "Intellectual property and architecture : how architecture influences intellectual property lock-in." Thesis, Massachusetts Institute of Technology, 2017. http://hdl.handle.net/1721.1/112005.
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Thesis: Ph. D. in Engineering Systems, Massachusetts Institute of Technology, School of Engineering, Institute for Data, Systems, and Society, 2017.This electronic version was submitted by the student author. The certified thesis is available in the Institute Archives and Special Collections.
"June 2017." Cataloged from student-submitted PDF version of thesis.
Includes bibliographical references (pages 237-247).
Intellectual property lock-in is a wicked problem particularly pervasive under monopsony market structures, such as the Department of Defense (DoD). However, little research exists on the mechanisms of action that induce intellectual property lock-in. This work postulates the conjuncture of architecture and intellectual property is one such mechanism of action and erects a research methodology to investigate this link. This dissertation began with a review of literature, which revealed more research is needed into basic trends or estimates of magnitude for intellectual property lock-in. To quantitatively frame the magnitude of the problem an investigation was conducted into all DoD contracts for the last eight fiscal years to establish bounds. These results were used to formulate a conceptual model of the problem and suggest the concept of intellectual property architecture, which is the conjuncture of architecture and intellectual property. To investigate links between intellectual property architecture and lock-in, an intermediate-N fuzzy-set Qualitative Comparative Analysis research approach was formulated and executed using 14 DoD software cases representing over 34 million lines of code. The model used three input conditions: high quality technical architecture, accessible intellectual property architecture, and unlimited rights to study the avoidance of lock-in. The fuzzy-set Qualitative Comparative Analysis concluded intellectual property architecture or unlimited rights were quasi-necessary conditions for the avoidance of lock-in. Additionally the model yielded both a five condition conservative expression and two condition parsimonious expression for sufficient conditions. From those expressions, this research concludes three direct findings. First, intellectual property architecture is an empirically supported mechanism of action for the avoidance of lock-in. Implying, intellectual property architecture, absent any other explanatory conditions, is sufficient to avoid lock-in. Second, the research herein finds evidence to support a novel taxonomy of intellectual property architectures. Allowing practitioners to understand potential trade-offs between architecture and intellectual property lock-in. Third, intellectual property architecture or unlimited rights is a theoretically supported expression for the avoidance of lock-in. This finding implies that as few as two conditions are required to understand whether a case may, or may not, avoid lock-in.
by Christopher W. Berardi.
Ph. D. in Engineering Systems
2
Pamp, Caroline. "Intellectual property in science /." Stockholm : Jure Förlag, 2010. http://www.hgu.gu.se/Files/fakultetskansli/abstract/Spikblad%20Caroline_Pamp.pdf.
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Fraessdorf, Henning. "Intellectual property in standards." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78214.
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Standards are complex phenomena that exist in almost every area of human life, whether in the form of language, stock scenes in literature and films, computer user interfaces or protocols that allow data transfer over the internet. They are important building blocks for any form of human activity. Property rights in standards, provided by the laws of intellectual property, can foster their development by giving incentives to create technologies or works that are capable to become standards; but property rights can also impede further innovation since they allow the owner to exclude others from the use of the protected standard. Furthermore, standards are perceived to offer higher returns in form of royalties than "regular" technologies. In this context, standardization has been used as an argument to reduce the scope of protection for standard technologies with respect to computer user interfaces.The thesis evaluates the soundness of a general argument of standardization for weaker protection in intellectual property law. It elaborates the arguments that are put forward to justify weaker protection in standards regarding the characteristics of standards and standardization as well as the justifications for intellectual property. It analyses the applicability of trademark, copyright and patent law to both already existing as well as developing standards. In particular, the concepts of genericness and descriptiveness in trademark law, the merger and scenes a faire doctrines in copyright law and the doctrines of patent misuse and patent abuse in patent law are discussed.
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Bauer, Julia, Nikolaus Franke, and Philipp Türtscher. "Intellectual Property Norms in Online Communities: How User-Organized Intellectual Property Regulation Supports Innovation." INFORMS, 2016. http://dx.doi.org/10.1287/isre.2016.0649.
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In many online communities, users reveal innovative and potentially valuable intellectual property (IP) under conditions that entail the risk of theft and imitation. Where there is rivalry and formal IP law is not effective, this would lead to underinvestment or withholding of IP, unless user-organized norms compensate for these shortcomings. This study is the first to explore the characteristics and functioning of such a norms-based IP system in the setting of anonymous, large-scale, and loose-knit online communities. In order to do so, we use data on the Threadless crowdsourcing community obtained through netnography, a survey, and a field experiment. On this basis, we identify an integrated system of well-established norms that regulate the use of IP within this community. We analyze the system's characteristics and functioning, and we find that the "legal certainty" it provides is conducive to cooperation, cumulative effects, and innovation. We generalize our findings from the case by developing propositions aimed to spark further research. These propositions focus on similarities and differences between norms-based IP systems in online and offline settings, and the conditions that determine the existence of norms-based IP systems as well as their form and effectiveness in online communities. In this way, we contribute to the literatures on norms-based IP systems and online communities and offer advice for the management of crowdsourcing communities.
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Schroeder, Jeffrey S. "Right grantors and right seekers : a theory for understanding the comparative development of intellectual property rights /." view abstract or download file of text, 2001. http://wwwlib.umi.com/cr/uoregon/fullcit?p3004002.
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Thesis (Ph. D.)--University of Oregon, 2001.Typescript. Includes vita and abstract. Includes bibliographical references (leaves 260-272). Also available for download via the World Wide Web; free to University of Oregon users.
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Braun, Marcel. "Managing Intellectual Property in China." St. Gallen, 2007. http://www.biblio.unisg.ch/org/biblio/edoc.nsf/wwwDisplayIdentifier/02605160001/$FILE/02605160001.pdf.
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Myers, Robert A. "Intellectual Property Rights in Japan." MIT Japan Program, 1998. http://hdl.handle.net/1721.1/7542.
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Antons, Christoph Hubert Jakob. "Intellectual property law in Indonesia /." The Hague [u.a.] : Kluwer Law International, 2000. http://www.gbv.de/dms/spk/sbb/recht/toc/31965043X.pdf.
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MacBeth, John Stuart. "Dynamically reconfigurable intellectual property cores." Thesis, University of Strathclyde, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.273843.
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Ahuja, Rishi. "Intellectual property : strategy and policy." Thesis, Massachusetts Institute of Technology, 2012. http://hdl.handle.net/1721.1/76923.
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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
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Norain, Ismail. "Intellectual property rights for nanotechnology." Thesis, University of Newcastle upon Tyne, 2012. http://hdl.handle.net/10443/1627.
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The purpose of this study is to examine intellectual property (IP) protection for nanotechnology, comparing the laws of Malaysia with those of the United Kingdom (as a member of the European Union and European Patent Convention). As well as analysing current primary and secondary legal sources, a small number of discrete interviews were conducted with key nanotechnology scientists in Malaysia and the United Kingdom to ascertain the nature and development of nanotechnology in the jurisdictions under study and to explore the experts’ perceptions of IP laws, including the pattern of protection that might be expected as the technology matures. This study argues that current intellectual property rights are appropriate to govern nanotechnology creations, so that there is no need to devise a new form of IP right for nanotechnology. The emphasis in the IP literature to date has been on patent law, but this study argues that the law of breach of confidence is also very significant, despite difficulties presented by the technology. Furthermore, from qualitative empirical and doctrinal evidence, other forms of IP protection may be applicable to some extent. This study also investigates the current term protection of different forms of IP which may be relevant to nanotechnology, including the possible application of Supplementary Protection Certificates to allow for the time taken by nanotechnology products to enter the market. Finally, some recommendations are made for both Malaysia and the United Kingdom to protect nanotechnology appropriately.
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Початко, Тетяна Володимирівна, Татьяна Владимировна Початко, Tetiana Volodymyrivna Pochatko, and M. S. Utkina. "Type of intellectual property interest." Thesis, Сумський державний університет, 2011. http://essuir.sumdu.edu.ua/handle/123456789/22116.
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Робота присвячена інтелектуальній власності, розкриває поняття "інтелектуальна власність". Увагу акцентовано на понятті "торгова марка", а також особливостях доменів верхнього рівня.Работа посвящена интеллектуальной собственности, раскрывает понятие "интеллектуальная собственность" . Внимание акцентировано на понятие "торговая марка" , а также особенностях доменов верхнего уровня.
The work is devoted to the intellectual property, reveals the concept of "intellectual property." The attention is accentuated to the concept of "trade mark" and features of top level domains.
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Шуст, Наталія Борисівна. "INTELLECTUAL PROPERTY RIGHTS IN POLAND." Thesis, НАУ, 2017. http://er.nau.edu.ua/handle/NAU/25315.
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Pererva, P. G., and Darina Sergiivna Maistro. "Intellectual property as a commodity." Thesis, Кременчуцький національний університет імені Михайла Остроградського, 2016. http://repository.kpi.kharkov.ua/handle/KhPI-Press/26287.
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BENNATO, ANNA RITA. "Essays on intellectual property rights." Doctoral thesis, Università degli Studi di Roma "Tor Vergata", 2009. http://hdl.handle.net/2108/207738.
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Secondo la visione Schumpeteriana, le innovazioni sono possibili grazie agli investimenti degli
agenti privati, i quali in assenza di una protezione brevettuale che li riconosca come gli esclusivi
utilizzatori della propria innovazione, sarebbero spinti ad effettuare investimenti subottimali.
Al tempo stesso, la presenza di un’istituzione che garantisca per un ben preciso arco di tempo un
diritto esclusivo nell’uso della propria innovazione ha degli importanti effetti in termini di welfare,
comportando un’inevitabile deadweight loss ed una conseguente inefficiente duplicazione dei costi
in ricerca e sviluppo.
Nello scenario internazionale la tutela della proprietà intellettuale è stata nell’ultimo ventennio
oggetto di diversi dibattiti. In particolare, la firma dell’accordo TRIPs ( Trade Related Aspects of
Intellectual Property Right), mediate il quale si è deciso di estendere il diritto brevettuale per un
periodo non inferiore a venti anni verso tutte le opere dell’ingegno, ha sollevato numerosi dubbi
circa la validità di tale protezione.
Con l’obiettivo di studiare le implicazioni economiche derivanti dall’introduzione della proprietà
intellettuale, cosi come disciplinata nell’accordo TRIPs, il presente lavoro è stato sviluppato
seguendo tre diversi approcci. Il primo capitolo presenta un modello teorico di economia
internazionale che affronta l’analisi della determinazione della ottima patent policy in presenza
della salute pubblica. Nel secondo capitolo, attraverso una verifica empirica, studiamo l’impatto
della nuova politica brevettuale sul trasferimento di tecnologie tra paesi industrializzati e paesi in
via di sviluppo, all’interno del settore farmaceutico. Infine, nel terzo capitolo mediante un gioco
dinamico tra impresa innovatrice e governo straniero, sviluppiamo un’analisi di welfare che tiene
conto delle decisioni di investimento in ricerca e sviluppo quando deroghe al principio della
proprietà intellettuale sono riconosciute a livello internazionale.Historically, the issue of intellectual property rights is considered a contentious one because, if the primary reason to ensure a strong patent protection is to provide enough incentives for the private agents to invest their resources in new technologies, on the other hand, such legal protection leads to an increase in the deadweight loss and an inefficient duplication of R&D costs (Scotchmer, 2004). Furthermore, the economic literature that describes the relationship between science and innovation explains that profit-seeking agents without a well defined intellectual property right regime tend to invest less than optimally (Grossman and Helpman, 1991; Helpman, 1993). Thus, in the absence of a legal system that identifies the creator as the exclusive owner of her innovation, anyone is able to reproduce it without extra costs, as innovation exhibits all the peculiarities of a public good. In the last two decades, this matter has become a disputed subject due, in particular, to the new rules introduced by Trade-Related Aspects of Intellectual Property Rights agreement (TRIPs). By uniforming the intellectual property right (IPR) regime at a global level, the TRIPs agreement calls for all WTO members to enforce a minimum standard of protection, without distinguishing the features of each category of goods. These new international rules have risen several political debates, especially for its implications for the pharmaceutical sector and for the social welfare. The international harmonization of the patent system does not yield unequivocal results, since the welfare implications ensuing from a strict enforcement of IPRs are complex. The simple fact that trade flows rise or fall in response of an enforcement of the law of IPRs is not sufficient for drawing conclusions regarding economic welfare. Both static and dynamic effects need to be considered (Deardorff, 1992; Helpman, 1993). With the aim to investigate the economic impact of the international law on IPRs, we employed three different approaches. The first chapter presents a theoretical model of international trade policy, which deals with the optimal patent policy in the presence of a health externality. In the second chapter we adopt a gravity framework to examine empirically the impact of the new IPRs on bilateral flows of knowledge within the pharmaceutical domain. Finally, the third chapter develops a dynamic game between a single innovative firm and a foreign government to provide a welfare analysis that accounts for investment decision in R&D under the regime of international exhaustion.
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Elmahjub, Ezieddin Mustafa. "Protection of intellectual property in Islamic Shari'a and the development of the Libyan intellectual property system." Thesis, Queensland University of Technology, 2014. https://eprints.qut.edu.au/76106/1/Ezieddin%20M.%20Jaballa_Elmahjub_Thesis.pdf.
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This thesis introduces a theory of intellectual property (IP) law informed by Islamic Shari'a. The sources and objectives of Islamic Shari'a support the theoretical framework underpinning IP laws. However, they strongly emphasise the importance of development goals in intellectual property policy making. This thesis argues that an optimal IP system from an Islamic perspective shall not overprotect IP holders but should instead endeavor to empower people to access knowledge resources to enhance access to education, public health and economic opportunities. Taking Libya as a case study, this thesis makes recommendations for the improvement of IP law that have important broader implications for developing countries.
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Lau, Pun-wai Christy. "A review on the effectiveness of the policy on protecting intellectual property rights in HKSAR." Click to view the E-thesis via HKUTO, 2006. http://sunzi.lib.hku.hk/hkuto/record/B36439459.
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Bhattacharya, Raja. "Intellectual property rights in outer space." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78203.
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Private entities, investing billions of dollars, as a matter of reasonable commercial corporate expectations, want to be protected against undue use, exploitation and copying of their technology and inventions which they have put into their space ventures (often termed as 'theft') by any third party. States, to secure an environment friendly to such generation, use and transfer of intellectual property rights (IPRs) in outer space, have initiated applying and/or extending their national IP laws into outer space either in form of a statute or a multilateral agreement. This may have both commercial and political significance.This thesis deals with IP issues in international perspective (with reference, however, to some leading national IP legislation when and where it is necessary) with special reference to the contemporary legal regime governing outer space. While emphasizing the existing legal regime relating to IPRs in outer space, it explores the possibility of commercial exploitation of IPRs made in space and on ground through the existing international trade system. The increasing importance of cooperation between the World Intellectual Property Organization and World Trade Organization in this regard is also examined, against the back drop of space activities and the outer space legal regime relating to IPRs. (Abstract shortened by UMI.)
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Hackett, Petal Jean. "Essays on intellectual property rights policy." Thesis, University of Edinburgh, 2012. http://hdl.handle.net/1842/7934.
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This dissertation will take a theoretical approach to analyzing certain challenges in the design of intellectual property rights (`IPR') policy. The first essay looks the advisability of introducing IPR into a market which is currently only very lightly protected - the US fashion industry. The proposed Innovative Design Protection and Piracy Prevention Act is intended to introduce EU standards into the US. Using a sequential, 2-firm, vertical differentiation framework, I analyze the effects of protection on investment in innovative designs by high-quality (`designer') and lower-quality (`mass-market') firms when the mass-marketer may opt to imitate, consumers prefer trendsetting designs and firms compete in prices. I show that design protection, by transforming mass-marketers from imitators to innovators, may reduce both designer pro ts and welfare. The model provides possible explanations for the dearth of EU case law and the increase in designer/mass-marketer collaborations. The second essay contributes to the literature on patent design and fee shifting, contrasting the effects of the American (or `each party pays') rule and English (or `losing party pays') rule of legal cost allocation on optimal patent breadth when innovation is sequential and firms are differentiated duopolists. I show that if litigation spending is endogenous, the American rule may induce broader patents and a higher probability of infringement than the English rule if R&D costs are sufficiently low. If, however, R&D costs are moderate, the ranking is reversed and it is the English rule that leads to broader patents. Neither rule supports lower patent breadth than the other over the entire parameter space. As such, any attempts to reform the US patent system by narrowing patents must carefully weigh the impact on firms' legal spending decisions if policymakers do not wish to adversely affect investment incentives. The third and final essay analyzes the effects of corporate structure on licensing behaviour. Policymakers and legal scholars are concerned about the potential for an Anticommons, an underuse of early stage research tools to produce complex final products, typically arising from either blocking or stacking. I use a simple, one-period differentiated duopoly model to show that if patentees have flexibility in corporate structure, Anticommons problems are greatly reduced. The model suggests that if the patentee owns the single (or single set) of essential IPR and goods are of symmetric quality, Anticommons issues may be entirely eliminated, as the patentee will always license, simply shifting its corporate structure depending on the identity of the downstream competitor. If the rival produces a more valuable good, Anticommons problems are reduced. Further, if the patentee holds 1 of 2 essential patents, the ability to shift its corporate structure may reduce total licensing costs to rival firms. However the analysis offers a cautionary note: while spin-offs by the patentee help to sustain downstream competition, they may restrict market output, and therefore welfare. Thus the inefficiency in the patent system may be in the opposite direction than is currently thought - there may be too much technology transfer, rather than too little.
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Fonseca, Da Silva Antonio Carlos. "Limiting intellectual property : the competition interface." Thesis, Queen Mary, University of London, 1997. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1693.
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This is a study of legal limits of the exercise of intellectual property, with emphasis on chip designs. In Part One, the focus is on the economics of innovation dynamics and the nature of the social bargain underlying intellectual property. It analyses the function of intellectual property and the structure of protection of chip designs under the US chip law, the IPIC Treaty and the Agreement on TRIPS. It suggests that while protection of intellectual property is designed to promote technical innovation and enhance competition in the public favour, the innovation process is carried out in conditions of increasingly imperfect competition. On these grounds, a point is made to limit the exercise of proprietary rights in the welfare/efficiency perspective. Part Two addresses the treatment of legal limitations. An analysis is made concerning the evolution of the safeguarding provisions on which unauthorised use of copyright and patent in the British legal system relies. These safeguards, structured within the intellectual property law, have gradually been developed to also rely on a resurgent competition legislation, which has been considerably used by OECD countries to order the exercise of proprietary rights. The ability of modem competition law to induce an intellectual property order, and the features of the adjudicatory process of non-voluntary licences over UK patents are also examined. From the findings the emergence of; namely, a safeguarding policy is identified. The conceptualisation of this institutional policy, aiming at efficiency and welfare objectives related to the exercise of proprietary rights, is a central theme. It shows that safeguarding provisions intrinsic to intellectual property law is insufficient to pursue these objectives, and holds that to protect intellectual property without an effective control of anti-competitive practices is a distorting and unsustainable legal policy.
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McMullin, Nathan K. (Nathan Keith) 1979. "Value creation through intellectual property acquisition." Thesis, Massachusetts Institute of Technology, 2015. http://hdl.handle.net/1721.1/99013.
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Thesis: M.B.A., Massachusetts Institute of Technology, Sloan School of Management, 2015. In conjunction with the Leaders for Global Operations Program at MIT.Thesis: S.M., Massachusetts Institute of Technology, Engineering Systems Division, 2015. In conjunction with the Leaders for Global Operations Program at MIT.
Cataloged from PDF version of thesis.
Includes bibliographical references (pages 91-93).
After Sanofi acquired intellectual property (IP) from bankrupt Pelikan Technologies it desired to leverage the IP to identify a product concept to enhance the company's portfolio. To facilitate the project, a structured opportunity identification process was utilized. This process consisted of four major steps: Problem Framing, Idea Search, Screen, and Refine. Problem Framing formulated the innovation challenge. Idea Search sourced over two dozen potential opportunities that spanned markets and industries. Using a tournament selection approach, the Screen step filtered the opportunities according technical and strategic objectives. This selected an integrated blood measurement device as the opportunity of focus. This leverages the IP to simplify at-home blood testing while simultaneously reducing pain. The Refine step evaluated the opportunity using a framework that assessed markets, product, competitiveness, economics, and risk. The beachhead market is the diabetes market and potential follow-on markets are oncology, multiple sclerosis, rare diseases, and cardio-metabolic diseases. Key technology elements were assembled into a variety of conceptual approaches and evaluated according to market fit. This identified a conceptual approach that integrates all disposable elements (i.e. lancet and blood test element) into a single disposable cartridge that can be inserted into an electronically actuated meter. The projected financial returns in the beachhead market have a positive nominal NPV. NPV sensitivity was calculated based on estimated cost and revenue item variations. In all cases the NPV remains positive, but this highlighted key drivers of economic performance along with risks that need to be resolved in future development work. With key assumptions identified, Sanofi is in an excellent position to decide whether or not to pursue the identified opportunity. In addition, this project acts as a pilot for a structured opportunity identification process within the company and it is recommended that Sanofi adopt a similar process as part of its product development workflow. Finally, the company should adjust resources and financial commitment to ensure full cross-functional teams can be staffed to execute opportunity identification work. These improvements will enable the company to more effectively execute corporate entrepreneurial activities.
by Nathan McMullin.
M.B.A.
S.M.
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Van, Wiele Bram. "Intellectual property and consumer 3D printing." Doctoral thesis, Faculty of Law, 2019. http://hdl.handle.net/11427/30332.
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Disruptive technologies influence the application and development of intellectual property. Additive manufacturing, colloquially known as 3D printing, is one such technology that has a profound impact on how goods are created, disseminated and consumed. This technology enables, in an unprecedented matter, the decentralised manufacturing of goods, supplemented by user-based creation and instantaneous dissemination of the underlying digital models. From the perspective of intellectual property law, the focus of this thesis is on analysing of how consumer 3D printing creates legal ambiguity and enforcement issues that affect a multitude of actors, in interrelated, conflicting and potentially overlapping capacities. It focusses on the intellectual property regimes that are at the forefront of 3D printing, including the laws of trade marks, copyright, patents and designs. Emphasis of this thesis is on the law of South Africa; however, in the absence of judicial guidance, an examination of the laws of the United Kingdom and the European Union provides additional insights and guidance. The development of arguments in this work is grounded in technological and social premises, determined by the characteristics of the consumer 3D printing ecosystem and the additive manufacturing process, including design creation, dissemination and production. The underlying research question of this thesis is how the intellectual property framework can be used and further optimised to promote consumer 3D printing. In this context, it investigates how the interests of the following key actors can be balanced: (i) rights holders that typically wish to control design dissemination; (ii) design sharing platforms that seek to facilitate design creation and dissemination; and (iii) consumers who require access to digital designs. This thesis submits that a balance can indeed be struck, subject to complementary actorand situation specific responses. In addition to these responses, this thesis proposes minor amendments to the current South African intellectual property framework, supplemented by the clarification concerning the application of intellectual property rights, and the implementation of non-restrictive digital rights management systems.
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Soepboer, Mick. "Libertarian views on intellectual property law." Master's thesis, University of Cape Town, 2009. http://hdl.handle.net/11427/4557.
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During the elections for the European Parliament in June 2009, an unknown party in Sweden turned out to be very successful. The Pirate Party, campaigning for patents to be scrapped and copyright to last just five years instead of 70, received 7% of the votes in the Scandinavian country, giving the party the right to a seat in the Parliament in Brussels. These modern day pirates are most successful in Sweden, but similar parties exist in the United States and a number of European countries as well. In modern society, copyrights, patents, and other forms of intellectual property play a bigger role in normal life than they did one or two decades ago. This development makes people more aware of all the effects of intellectual property theory and policy cause. It also brings up the discussion concerning whether the original goals of the policies are still being pursued properly. Is the chosen path in IP law still a valid one in this digital age or is it time to rethink the structure?
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Moore, Adam D. "A Lockean Theory of Intellectual Property." Connect to resource, 1997. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=osu1214419634.
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Fallis, Don. "Toward an Epistemology of Intellectual Property." McFarland, 2007. http://hdl.handle.net/10150/106220.
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An important issue for information ethics is how much control people should have over the dissemination of information that they have created. Since intellectual property policies have an impact on our welfare primarily because they have a huge impact on our ability to acquire knowledge, there is an important role for epistemology in resolving this issue. This paper discusses the various ways in which intellectual property policies can impact knowledge acquisition both positively and negatively. In particular, it looks at how intellectual property policies can affect the amount of information that people create, the quality of that information, the accessibility of that information, the diversity of that information, and the locatability of that information.
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MAZZOLA, RICCARDO. "INDIGENOUS 'INTELLECTUAL PROPERTY': A CONCEPTUAL ANALYSIS." Doctoral thesis, Università degli Studi di Milano, 2018. http://hdl.handle.net/2434/546872.
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This study investigates the reasons that prevent the application of Intellectual Property constructs to Indigenous normative regimes governing sacred knowledge. The research specifically concerns Yolngu people of North-East Arnhem Land (Northern Territory, Australia) norms managing the production and exhange of traditional artworks. What is argued is that Western Property law is unable to conceive the "interconnected" and "cosmological" dimension of Indigenous knowledge, since it cannot adequately conceptualize the relationship between Indigenous people and their land. The first part of the study shows how the notion of "land/real property" (as conceived and developed in Western law and legal philosophy) produces both a "dephisicalization" of land, and an ontological partition between humans and the place they inhabit. The second part of the study describes Yolngu way of conceiving land, particularly focusing on the way in which land is "connected" both to people and sacred artworks. Such connection, as it is shown, is mainly implied by the vision of land as a "physical-cosmological continuum". The last part of the thesis shows how Yolngu have tried to translate their vision of artworks into the Intellectual Property lexicon.
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Askar, Karim. "Intellectual Property Management in R&D Collaborations Development of Intellectual Property Policies in Practice and Theory /." St. Gallen, 2005. http://www.biblio.unisg.ch/org/biblio/edoc.nsf/wwwDisplayIdentifier/02606705001/$FILE/02606705001.pdf.
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Mwendapole, Chinandu. "Design knowledge and intellectual property rules : an investigation into the relationship between design knowledge and intellectual property rules." Thesis, De Montfort University, 2005. http://hdl.handle.net/2086/4306.
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Arancibia, Rafael. "Intellectual Property Protection for Computer Software: A Comparative Analysis of the United States and Japanese Intellectual Property Regimes." Thesis, Virginia Tech, 2003. http://hdl.handle.net/10919/9685.
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This thesis explores the reform of intellectual property regulation policies with respect to computer software within two advanced industrial nations after 1980. A comparative case analysis of the United States and Japan will provide insight as to how advanced industrial nations have responded to market forces, competing private interests, and international pressure for policy harmonization in the construction and implementation of intellectual property regulation reforms. This study will show that ideological and structural arrangements of state institutions have influenced the extent of liberalization in intellectual property policy, and the preservation of equilibrium between individual rights and public interests in the establishment of intellectual property.Master of Arts
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Berger, Stefan. "Regulation of intellectual property rights and trade." Doctoral thesis, Universitat Pompeu Fabra, 2010. http://hdl.handle.net/10803/7591.
Full textAbstract:
This thesis consists of three essays on the regulation of Intellectual Property
Rights (IPRs) and trade in open economies.
The rst chapter investigates the di erences in Intellectual Property Rights
between countries. The analysis of a cross-country panel reveals that the protection
of IPRs is higher in countries that are (i) richer, (ii) more productive
in R&D and (iii) more open to trade. It is then shown that the rst two facts
can be explained in a model where innovations are a global public good and
where demand for innovations is non-homothetic in income.
The second chapter addresses the third observation. If trade is driven by large
di erences in productivities across countries and sectors then having strong
IPR protection can become more bene cial for the individual country, since
a part of the associated costs are passed onto the trading partners.
The third chapter aims to explain why and when countries link agreements on
trade with agreements that regulate the provision of global public goods. It
shows that a linkage is particularly attractive if countries are di erent in size.
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Marisova, Iana. "Intellectual Property Protection in innovation projects Author:." Thesis, KTH, Fastigheter och byggande, 2012. http://urn.kb.se/resolve?urn=urn:nbn:se:kth:diva-102396.
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Intellectual products, scientific knowledge, information, professional, scientific, spiritual and cultural potential of the society today are the driving force behind economic growth, determine the competitiveness of production. This sets a strengthening of the role of intellectual property. The crucial role of intellectual assets in the global economy growth determined the choice of innovative strategy by Ukraine in the 21 stcentury. The important part of that strategy is the development of the national legal framework that includes adoption of the national laws and accession to international agreements that become part of the national legislation. The solution of the problem of forming an effective system of protection of intellectual property is a prerequisite for building a strong background for an innovative model of Ukraine’s development, its modernization, and the raising of its competitiveness in a global social-economic system, and consequently - creating jobs in new industries that could shape a 21st century global economy - an economy based on knowledge. The following thesis is a qualitative study about intellectual property protection and intended for Ukrainian companies and for students as information paper because there is differences between the old system in former Soviet and the European/US systems that has to be understood and business in Ukraine as well as researchers/inventors has to adjust to this different situations in order for companies to exploit the full potential of their innovations, part of this is by IP protection.
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Khan, Mohammed Moiz. "Resynthesis for intellectual property protection and performance /." Available to subscribers only, 2006. http://proquest.umi.com/pqdweb?did=1212793131&sid=19&Fmt=2&clientId=1509&RQT=309&VName=PQD.
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Trerise, Jonathan. "A justified system of intellectual property rights." Diss., Columbia, Mo. : University of Missouri-Columbia, 2007. http://hdl.handle.net/10355/4788.
Full textAbstract:
Thesis (Ph. D.)--University of Missouri-Columbia, 2007.The entire dissertation/thesis text is included in the research.pdf file; the official abstract appears in the short.pdf file (which also appears in the research.pdf); a non-technical general description, or public abstract, appears in the public.pdf file. Title from title screen of research.pdf file (viewed on December 14, 2007) Vita. Includes bibliographical references.
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Adegoke, Sope. "Intellectual Property Rights in Sub-Saharan Africa." Scholarship @ Claremont, 2011. http://scholarship.claremont.edu/cmc_theses/289.
Full textAbstract:
Globalization of the world economy has made knowledge a critical element of effectiveness in the world economy. Current economic and trade conditions change rapidly and require constant improvement to ensure economic development. These conditions stimulate innovation and improvements in technology, designs, and other tangible and intangible assets. Most Sub-Saharan African countries have not exploited the benefits that intellectual property rights offer to its users, despite considerable improvements to existing knowledge and options for protecting knowledge. Strong intellectual property laws are important for effective incentives to invent continuously. It is important to provide some form of compensation and guarantee that their innovation is credited to them. This is achieved through the establishment of intellectual property rights. Intellectual property rights have far-reaching effects on several sectors of the economy, such as trade, manufacturing, and other industries. Intellectual property rights policies are therefore, important for economic development.
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Stapleton, Jaime. "Art, intellectual property and the knowledge economy." Thesis, Goldsmiths College (University of London), 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.408015.
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Ang, Steven. "The moral dimensions of intellectual property rights." Thesis, Queen Mary, University of London, 2011. http://qmro.qmul.ac.uk/xmlui/handle/123456789/9008.
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The Moral Dimensions of Intellectual Property Rights explores the various aspects of IPRs in which moral evaluation and claims play a role. According to R M Hare, moral concepts and reasoning are characterized by the universalization of prescriptions. Universalization links the various dimensions in a way that rationally forces us to revise the moral basis of the various claims we make for, about and of IPRs, and ultimately provides grounds for their reform. The method of reflective equilibrium is focused in the first place on Hare’s meta- ethics, to derive a reformulation which is herein called fundamental prescriptivism. This requires a foundational set of moral principles to work. Our expectation that moral principles and values must serve to guide us, and resolve conflict between us, with objective rational force, provides the basis for adopting such a set of fundamental prescriptions. These sum up in the equal right to freedom and well- being as the ultimate basis for moral evaluation of our institutions. An implication of this right is that property in IPR systems must be balanced with participation rights (moral and legal) of the public to a public domain which allows individuals to have access to, and use, objects of intellectual property. When, in seeking reflective equilibrium, this is applied to the various aspects of IPRs, the result is an exploration of the inter-connectedness of following: justification of IPRs based on this equal right to freedom and well-being; explanation of the function of, and justification for, the presence of moral concepts and terms in national and international IPR rules; the commitments implied by use of these moral ideas for our obligations in respect of the way we enjoy, exploit and enforce our IPRs, and, ultimately, our duty to reform of IPRs in ways that respects the participation rights implied by this principle.
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Azmi, Ida Madieha Bt Abdul Ghani. "Intellectual property laws and Islam in Malaysia." Thesis, Queen Mary, University of London, 1995. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1418.
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This study is undertaken on the premise that Islam and Islamic law is to be taken into serious consideration in any future legislative reform of laws in Malaysia. Islam being the religion of the country and the strong religious sentiment of the Muslims (who form the majority in Malaysia) cannot be overlooked or dismissed lightly by the legislators in Malaysia. Reformation of intellectual property laws is timely, as we are now approaching to the dateline set by GATF-Trips agreement which aim is to improve our standard of intellectual property protection. This study seeks to analyze and evaluate the current legislation pertaining to intellectual property in Malaysia in terms of the philosophy and rules governing the existence, ownership and exercise of these rights and their consistency and inconsistency with Islam and Islamic law. The main objective of this study is to prove that a coherent and logical conceptual framework of ownership of intellectual property can be derived from an Islamic perspective which not only offers the basis of rights but also defines the scope of these rights. From the point of ownership of rights, support can be obtained from the normative framework of property rights within the traditional classification of 'mal' (property) and 'haqq al-milkiyyah' (ownership rights) under Islamic law. From the point of exercise of rights, the exact scope can be defined from the analysis of fundamental concepts which have been developed by Muslim jurists. It has been established that Islam and Islamic law offers a sound and systematic paradigm, which in deeper analysis, can satisfy both our current obligations under international treatises, as well as our responsibility to practise our religion to the fullest.
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BACKX, HUGO BORGES. "DESIGN AND INTELLECTUAL PROPERTY: CONNECTIONS AND INTERACTIONS." PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2013. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=21849@1.
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PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIROEsta tese refere-se ao estudo, pesquisa e fundamentação teórica dos vínculos e interações entre o Design e a propriedade intelectual (PI). As criações intelectuais em Design têm características compatíveis com a maioria das modalidades de resguardo definidas na PI. Contudo, é necessário entender corretamente o fluxo que estas percorrerem no sistema legal. O pouco domínio dos seus conteúdos e de suas interações acarreta dificuldades na gestão plena das criações intelectuais utilizando-se do sistema. Para permitir a compreensão do conjunto foi desenvolvida uma classificação sistematizada (taxonomia) dos conteúdos criativos da PI permitindo uma visão panorâmica do sistema a partir das características estéticas e técnicas das criações, dos conteúdos criativos derivados e dos objetos criativos híbridos. Com a taxonomia desenvolvida foi possível identificar os conteúdos criativos mínimos relacionados com cursos superiores de conteúdos projetivos e, especificamente, com habilitações e especialidades em Design. Foram tratados também dos espaços de interação entre o Design e a PI quando da coleta e análise de dados para projeto ou tomada de decisões estratégicas; da proteção, defesa, negociação e apropriação das criações intelectuais; e do exercício de novas competências pelo designer. Relacionadas com cada espaço de interação são indicadas as habilidades esperadas a serem alcançadas a partir do ensino-aprendizagem de PI. São habilidades baseadas nas recomendações de conteúdos curriculares de PI formuladas para cursos de Design.
This thesis is on the study, research, and theoretical basis of the connections and interactions between design and intellectual property (IP). The intellectual creations of design encompass characteristics that are compatible with most protection modalities defined in IP. However, it is necessary to accurately comprehend their flow in the legal system. Limited knowledge of their contents and interactions poses difficulties in comprehensive management of intellectual creations using the system. To allow it to be understood in its entirety, a systemized classification has been developed (taxonomy) of the creative content of IP, enabling an overview of the system from the perspective of the aesthetic and technical characteristics of the creations, the derived creative content, and the hybrid creative objects. With the taxonomy, it was possible to identify the minimal creative content that corresponds to higher education courses of projective content and, specifically, to qualifications and specialties in design. Attention was also paid to the areas of interaction between design and IP related to the collection and analysis of project data or making strategic decisions; the protection, defense, negotiation, and appropriation of intellectual creations; and the exercise of new skills by the designer. The skills expected to be developed through teaching and learning IP are shown to be related to each area of interaction. These skills are based on the recommendations of the IP curriculum content, which is formulated for design courses.
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Owens-, Richards Marilee. "The collateralisation and securitisation of intellectual property." Thesis, Queen Mary, University of London, 2017. http://qmro.qmul.ac.uk/xmlui/handle/123456789/24716.
Full textAbstract:
Intellectual Property (IP) is becoming an increasingly important source of collateral in debt-based financial transactions. This thesis will show that IP and financing are intrinsically linked. They both can be used to drive company growth. When the two interact a virtuous growth spiral can form. It will be shown that IP can be used to obtain financing which allows for company growth and the creation of more IP rights. The new IP rights then allow the IP owner to obtain more financing. The pattern of growth can continue in this pattern. However, due to the legal complications the formation of such a growth spiral is hindered. The thesis examines how security interests in intellectual property right are treated in secured finance law and IP law in the US and the UK. It will show that there is a conflict between laws particularly in the perfection and priority of such security interests. The conflict between the two sources of law makes it difficult to determine where a security interest must be registered in order to be perfected. The conflict also creates conflicting registers for such interests. Due to conflicting registration provisions it is also difficult to determine the priority of conflicting security interests in an IP right. Additionally, IP laws are often inadequate for determining issues on perfection and priority. The thesis will offer suggestion on legal reforms which will best alleviate the legal problems of taking security in an IP right.
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O'Donnell, Charles W. S. M. Massachusetts Institute of Technology. "Secure application partitioning for intellectual property protection." Thesis, Massachusetts Institute of Technology, 2005. http://hdl.handle.net/1721.1/34359.
Full textAbstract:
Thesis (S.M.)--Massachusetts Institute of Technology, Dept. of Electrical Engineering and Computer Science, 2005.Includes bibliographical references (p. 79-83).
Intellectual property protection is a major concern for both hardware and software architects today. Recently secure platforms have been proposed to protect the privacy of application code and enforce that an application can only be run or accessed by authorized hosts. Unfortunately, these capabilities incur a sizeable performance overhead. Partitioning an application into secure and insecure regions can help diminish overheads but invalidates guarantees of privacy and access control. This work examines the problem of securely partitioning an application into public and private regions so that private code confidentiality is guaranteed and only authorized hosts can execute the application. This problem must be framed within the context of whole application execution for any solution to have meaning, which is a critical point when evaluating software security. The adversarial model presented balances practical generality with concrete security guarantees, and it is shown that under this model the best attack possible is a Memoization Attack." A practical Memoization Attack is implemented, and experimentation reveals that naive partitioning strategies can expose the functionality of hidden code in real applications, allowing unauthorized execution. To protect against such an attack, a set of indicators are presented that enable an application designer to identify these insecure application code regions. Finally, a partitioning methodology is discussed that uses these indicators to partition an application in a manner that protects the privacy of intellectual property and prohibits unauthorized execution.
by Charles W. O'Donnell.
S.M.
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Yu, Yudong. "Intellectual property rights and the game industry." Thesis, University of Manchester, 2017. https://www.research.manchester.ac.uk/portal/en/theses/intellectual-property-rights-and-the-game-industry(029fbc50-7a2c-4434-96ec-5abfc42cd341).html.
Full textAbstract:
This thesis analyses how intellectual property (IP) laws are used in the home console game industry and in particular how these laws are used to capture the returns on investment, which may indirectly provide a stimulus to innovation. The relationshipis evaluated in three selected markets: The United States (US), the European Union (EU) and People's Republic of China (PRC). The first two of these are selected as representative of developed markets whilst the latter as an instance of an emerging market. This thesis analyses and illustrates ways in which three major types of intellectual property rights - patents, copyright and trademarks - operate in this sector of industry. This thesis evaluates this relationship via a unique approach, adopting both a legal and economic analysis. The thesis starts with a detailed market analysis of this industry to identify key factors that affect individual firms' abilities to capture returns on investment. This is followed by section II (comprising Chapters II to IV) which goes on to examine the effects of each type of IPR on these factors in the developed markets of the US and Europe. The analysis in section III shifts the focus from these developed markets to the emerging market in the PRC. It identifies the unique attributes and problems of the Chinese market and demonstrates how contemporary local IP laws can be used to tackle these problems. It is the view of this thesis that IP laws theoretically can be used to maximise a firm's return on investment while not distorting competition; hence, the thesis suggests that IPRs may indirectly create incentives to innovate.
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Simpson, Eric. "Runtime Intellectual Property Protection on Programmable Platforms." Thesis, Virginia Tech, 2007. http://hdl.handle.net/10919/32184.
Full textAbstract:
Modern Field-Programmable Gate Arrays (FPGAs) can accommodate complex
system-on-chip designs and require extensive intellectual-property (IP)
support. However, current IP protection mechanisms in FPGAs are limited, and
do not reach beyond whole-design bitstream encryption. This work presents
an architecture and protocol for securing IP based designs in programmable
platforms. The architecture is reprsented by the Secure Authentication Module
(SAM), an enabler for next-generation intellectual-property exchange in
complex FPGAs. SAM protects hardware, software, application data, and also
provides mutual assurances for the end-user and the intellectual-property
developer. Further, this work demonstrates the use of SAM in a secure video
messaging device on top of a Virtex-II Pro development systemMaster of Science
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Ahn, Pyoungchan Joseph. "Essays in Intellectual Property Bargaining and Trade." Thesis, Harvard University, 2015. http://nrs.harvard.edu/urn-3:HUL.InstRepos:25752907.
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In this dissertation, I present three essays on the dynamics of intellectual property bargaining and trade, particularly of patents. The first essay presents a game theoretic model examining the sale of intellectual property rights from small inventors with buyers of varying commercialization capacity across intellectual property rights regimes with full and no property rights protection. The essay finds that in Nash equilibrium in both single seller and infinite seller scenarios, sellers generally approach firms with greater commercialization capabilities if property rights are strong, and approach firms with lesser commercialization capabilities if property rights are not protected. The second essay examines the sale of patents from small inventors and entities to firms from 1992 to 2000. I exploit the 1996 Supreme Court case Markman v. Westview Instruments, arguing that patent protection weakened afterwards, to compare patent sales to firms with greater or weaker commercialization capabilities, which I proxy using industrial patent holdings. Using a conditional fixed-effects multivariate choice model, I find that patent sales are more highly concentrated towards firms with weaker patent holdings after Markman. The last essay develops a conceptual model of patent dynamic capabilities for firms, developing several predictions in conjunction with the technology life-cycle model.
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Olwan, Rami M. "Intellectual property and development : theory and practice." Thesis, Queensland University of Technology, 2011. https://eprints.qut.edu.au/54839/1/Rami_Olwan_Thesis.pdf.
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Since the 1960s, many developing countries have introduced IP laws to help them in their social and economic development. Introducing these laws was considered as a civilised act and a precondition of developing countries‘ progress from being =under-developed‘ to becoming =developed‘. In 2004, Brazil and Argentina presented a comprehensive proposal on behalf of developing countries to establish the Development Agenda in the World Intellectual Property Organisation (WIPO). They put forward a view that IP laws in their current form are not helping those countries in their development, as is constantly being suggested by developed countries, and that there is a need to rethink the international IP system and the work of WIPO.
The research undertaken examines the correlation between IP and social and economic development. It investigates how IP systems in developing countries could work to advance their development, especially in the context of the internet. The research considers the theory and practice of IP and development, and proposes a new IP framework which developing countries could employ to further their social and economic development.
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Garanasvili, Antanina. "Essays on the Economics of Intellectual Property." Doctoral thesis, Università degli studi di Padova, 2018. http://hdl.handle.net/11577/3423280.
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Abstract Chapter 1
The European Patent System (EPS) consists of National Offices and the European Patent Office (EPO). The complexity of the system is mirrored in the complexity of strategic options available to patentees when selecting the route of patenting. To date there is little evidence on how firms choose between EPO and national offices, nor which parameters influence this choice. The paper provides a recursive model of the two principal choices made by patent applicants: the selection of examining offices and of jurisdictions in which patent protection is obtained. We then derive and estimate instrumental variables models to establish the relative importance of fees, grant rates, examination duration and firm and patent characteristics in these choices. We identify sectors and types of firms that predominantly rely on the national offices or the EPO. We also identify significant levels of switching, driven by variation in grant rates across offices and by fee changes as well as variation in the duration of examination. We discuss implications of our work for theoretical and empirical analyses of patent systems.
Abstract Chapter 2
Aim of this analysis is to study whether the global financial crisis of 2008 had a significant effect on how stock markets value firms’ investments in knowledge and branding as well as complementary investments in patents and trademarks. Building on data from European Intellectual Property Office (EUIPO) and European Patent Office (EPO) we construct a firm panel covering R&D, marketing and IP investments over the period 2005-2012. In addition, we estimate market value equations for the years 2005-2008 and 2009-2012. Empirical findings suggest that there are interesting differences in which investments contributed to market value before and after 2008. First, investments in R&D contribute far more significantly to the market value after the crisis than before. Second, it becomes apparent that after the crisis patent quality arises as a significant factor which increases value of the companies. At the same time patent quantity ceases to be an influencing factor in the market value equation after 2008.-
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Juras, Camille. "International intellectual property disputes and arbitration : a comparative analysis of American, European and international approaches : the search for an acceptable arbitral site." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80932.
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This paper compares the arbitral procedures used in different legal systems and evaluates their suitability for international intellectual property disputes. By doing so, it will identify many obstacles to the realization of an international arbitral regime responding to intellectual property disputes.
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Lenhart, Laura R. "Pluralism and Context: Intellectual Property and the Social Understandings of Intellectual Goods." Diss., The University of Arizona, 2014. http://hdl.handle.net/10150/321314.
Full textAbstract:
Intellectual property affects an increasingly large range of social life. Despite the breadth of goods and activities affected by intellectual property schemas, policy-makers, legislators, jurists and even many social theorists have a narrow understanding of the basis for instituting intellectual property rights and understanding their limits: most see intellectual property rights only as a means to create more intellectual goods in society. My dissertation argues that our intellectual property schemas and policies need to be more sensitive to the diversity of values involved in the social meanings of different intellectual goods and activities. Contrary to those who claim that "information wants to be free," I defend a property-based approach to the protection and regulation of intellectual goods. I argue that intellectual property schemas need to do a better job responding to the diversity of value that characterizes intellectual activities and goods. Finally, I argue that context is an important tool for marking out which values are to be promoted in different circumstances and communities.
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Chung, Shang-pei. "Patents as property in Taiwanese jurisprudence : rebuilding a property model for patents." Thesis, Queen Mary, University of London, 2012. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8381.
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The reconciliation of patents within the Taiwanese Law of Things has received negligible attention from legal scholars. The primary reason for this is the hesitation, by courts and scholars alike, to construct a new property paradigm, referring instead to treat patents under the existing rules on physical things. This dominating stance has had an impact on the manner in which Taiwanese courts adjudicate on the nature of patents, and dealings therewith. The aim of the thesis is to show that this stance is theoretically illogical. The underlying issue is the different classification of patents within the civil and common law systems. The study employs a historical and comparative law methodology in order to inform an intra-law solution to the problem of how to overcome the classification dilemma. It does this by critically analysing the evolution of patent categorisation as personal property in common law and, by employing this foundation, seeks to distinguish the substantial differences in the concept of property between the common and civil law traditions. In light of these differences, and to establish a consolidated way of reconciling patents into the current Taiwanese legal framework, the thesis further analyses the similarity of the property notion under English common law and Taiwanese customary law, both of which are shaped by exclusion rules. The hypothesis is that ownership of land within these two systems, in similar with that of patents, was not an absolute and outright ownership of land governed by inclusion rules, but was instead a freehold which granted intangible rights that could be divided by the duration of the holding. It is suggested that a theoretically more coherent property model can be achieved by adopting this approach, and analogising patents to the tenure systems that existed within both English common law and Taiwanese customary law. To this end, the thesis proposes to contextually rebuild the property model for patents within Taiwanese law by the insertion of five new reform clauses into the Patent Act and the Civil Code.
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Megginson, David. "Creating intellectual properties : a sensemaking study." Thesis, Lancaster University, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.340647.
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Teufel, Brady. "Gauging the influence of America's legal decisions regarding intellectual property on the World Wide Web /." free to MU campus, to others for purchase, 2004. http://wwwlib.umi.com/cr/mo/fullcit?p1426106.
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