专利失效状态下专利权变更特例问题研究

专利权的法律状态是一种动态的表现,法律对专利权所有人的保护是有时间限制的,在规定的期限内,专利权是有效的,但超过时间限制则不再予以保护,成为失效专利,文章从理论研究和案例分析两方面探究了当专利处于失效状态时,专利权是否可以变更及其后续影响问题。     

Creative-oriented personality, creativity improvement, and innovation level enhancement

This study is to provide a clear and validity way for the higher education system to enhance the innovation level and performance by confirming the creative-oriented personality as a point of reference for potentially considering creativity in admitting future college students and helping improve existing students?? creativity. The value is that it is the first research to confirm the creative-oriented personality, thereby providing insight that is highly necessary if today??s universities is to survive. The contribution is its comprehensive and directive type discussion of how innovation level of the university can be enhanced through both the admission of creative-oriented students and the improvement of existing students?? creativity.     

Subjective performance of patent examiners,implicit contracts,and self‐funded patent offices

Self‐funded patent offices should be concerned with patent quality (patents should be granted to only deserving innovations) and quantity (as revenues come from fees paid by applicants). In this context, we investigate what is the impact of the self‐funded constraint on different bonus contracts and how these contracts affect the examiners' incentive to prosecute patent applications. We consider contracts in which a patent office offers bonuses on quantity quotas (explicit contract) and on quality outcome (either an implicit contract or an explicit contract based on a quality proxy). We find that a self‐funded constrained agency should make different organization choices of incentives. For a low quality proxy precision, an agency facing a tight budget operates well with implicit contracts. However, by only relaxing moderately the budget constraint, the agency might be worse off simply because this will preclude implicit contracts. Only very large patenting fees might allow the agency to compensate for the loss of implicit contracts.     

The case against JIVE

We perform an extensive series of Monte Carlo experiments to compare the performance of two variants of the ‘jackknife instrumental variables estimator’, or JIVE, with that of the more familiar 2SLS and LIML estimators. We find no evidence to suggest that JIVE should ever be used. It is always more dispersed than 2SLS, often very much so, and it is almost always inferior to LIML in all respects. Interestingly, JIVE seems to perform particularly badly when the instruments are weak. Copyright © 2006 John Wiley & Sons, Ltd.     

The marketing/creativity interface: a case study of a visual artist

• This paper aims to contribute to an understanding of the marketing/creativity interface in the visual arts at the level of the individual artist. Proceeding, broadly speaking, from a constructivist perspective and using a qualitative case study approach, it examines a visual artist's personal construction of her creative and business work. The analysis highlights the significance of emotional, cognitive, spiritual and physical processes for the artist's positioning, process, and products, as well as her difficulties with promotion and pricing issues. It was seen, following Fillis (2004), that, at the level of an individual artist, her work may be not only product-oriented but self-oriented. It therefore behoves artists and their agents to be able to offer appropriately distinguishing promotional accounts of the artist's artistic identity, process and work based on a deep self-reflexive awareness and understanding by the artist of her own creative practice.

Copyright © 2005 John Wiley & Sons, Ltd.     

Dynamics between patent latent variables and patent price

This paper focuses on studying the relationship between patent latent variables and patent price. From the existing literature, seven patent latent variables, namely age, generality, originality, foreign filings, technology field, forward citations, and backward citations were identified as having an influence on patent value. We used Ocean Tomo's patent auction price data in this study. We transformed the price and the predictor variables (excluding the dummy variables) to its logarithmic value. The OLS estimates revealed that forward citations and foreign filings were positively correlated to price. Both the variables jointly explained 14.79% of the variance in patent pricing. We did not find sufficient evidence to come up with any definite conclusions on the relationship between price and the variables such as age, technology field, generality, backward citations and originality. The Heckman two-stage sample selection model was used to test for selection bias.     

Individual initiative,skill variety,and creativity: the moderating role of knowledge specificity and creative resources

This study explores the effects of individual initiative and skill variety on individual creativity under the contexts of knowledge specificity and creative resources. Regression analysis was used to test the hypotheses in a sample of 245 employees of the Bureau of National Health Insurance in Taiwan. The results show that individual initiative and skill variety positively affect creativity. Knowledge specificity and creative resources play moderating roles in affecting the relationships. High knowledge specificity complements the deficiency of the low initiative, while abundant creative resources strengthen the effect of the high initiative in performing creativity.     

Fostering green product innovation through green entrepreneurial orientation: The roles of employee green creativity,green role identity,and organizational transactive memory system

Developing new green products is critical to an organization's achievement of sustainable goals as well as competitive advantage. This study aims to unravel the mechanisms through which organizations with green entrepreneurial orientation (green EO) can foster green product innovation. The dataset for testing these mechanisms was garnered from employees and managers who worked in manufacturing firms based in an Asia-Pacific market. Through a multilevel analysis of the data, the study revealed the positive nexus between organizational green EO and green product innovation. The results of the study further lent credence to employee green creativity as a mediation path for such a relationship. Furthermore, employee green role identity and organizational transactive memory system were found to fortify the linkage between green EO and employee green creativity. These results suggest to organizations how to optimally translate their green entrepreneurial strategy into new green products that met customer preferences and societal expectations.     

Industry localization,distance decay,and knowledge spillovers: Following the patent paper trail

This paper investigates Alfred Marshall’s hypothesis that knowledge spillovers increase where industries are localized. At the same time, we take a fresh look at the role of distance in the diffusion of knowledge spillovers. Relying on a cited-citing gravity-like equation with high-dimensional fixed effects that control for multiple sources of observed and non-observed heterogeneity, we implement a Poisson pseudo-maximum-likelihood (PPML) estimator. We find that knowledge spillovers correlate positively with industry localization and that the agglomeration of an industry can offset the adverse effect of distance. The results also corroborate the distance decay effect uncovered in earlier research. Our new approach to estimate the PPML with two high-dimensional fixed effects should prove valuable in applications to a variety of other problems in economics, such as the estimation of gravity equations widely used in modeling migration, trade and other flows among countries and regions.     

Managing creativity,maintaining control: a study in pharmaceutical research

This paper examines how managers of scientific researchers in a major UK pharmaceutical company attempt to cope with the demands of generating creative research while exercising control over highly-qualified workers. The paper considers some models applicable to HRM in research before turning to research management at Glaxo Research and Development Ltd. Focusing on the management of working time and performance-related pay as control devices, and drawing on labour process perspectives, the authors examine the impact of these on the research process. As there is a high level of indeterminacy in research work, the operation of these controls by line managers is necessarily subjective. This may encourage behaviour which runs counter to the organisational goal of developing new chemical entities. It is suggested, in conclusion, that a fundamental tension between creativity and control characterises the management of commercial research, and is exacerbated by the dynamic nature of the firm's environment.     

The relationship between the playfulness climate in the classroom and student creativity

The main purpose of this study was to determine whether the spontaneous playfulness that occurs in the classroom and contributes the class climate influences the creativity of students. The study found that the management and creation of fun-loving and happy class atmosphere was important to vocational high school students. Data collected to test the study hypothesis showed a positive correlation between the class climate related to playfulness and students’ graphic and linguistic creativity. The “cooperation and intimacy” feature of the class climate was able to directly predict student creativity.     

One-sided and multi-sided rank tests against trend in the case of concordant observers

Summary Optimal rank tests are derived for testing homogeneity ofk populations observed bym independent andconcordant observers against oriented respectively non-oriented contiguity alternatives with respect to a location parameter.By means of the theorems obtained appropriate rank tests are proposed for testing against a one-sided respectively a multi-sided trend.     

Personality and the creativity of frontline service employees: linear and curvilinear effects

Abstract

Previous studies have investigated the relationship between the Five-Factor model of personality and creativity. As this model has been criticised for providing a limited account of an individual’s personality, this study considers additional personality traits that have recently been investigated in the literature as determinants of employee behaviour. Moreover, we also contribute to the existing body of literature by conducting this study in a service setting, for which we predict personality traits will exert differentiated effects on creativity when compared to other settings. Finally, while past research has focused on linear effects, this study examines the existence of non-linear effects between personality and creativity. The results indicate that personality traits apart from the Five-Factor model have an impact on creativity and that the effects of several personality traits on the creativity of frontline service employees differ from those obtained in other settings. Lastly, the findings also show that five of the personality traits have non-linear effects on creativity, and this may be a stimulus for a new stream of research in the human resources literature.     

On the optimal mix of patent instruments

A special characteristic of the patent system is that it features multiple patent-policy levers that can be employed by policymakers. In this note, we develop an R&D-based growth model to analyze the optimal mix of patent instruments by considering patent breadth and the division of profit in research joint ventures. Our results are as follows. First, we analytically derive the optimal mix of patent breadth and the profit-division rule. Then, we calibrate the model to quantitatively evaluate the welfare gain from optimizing both patent instruments versus optimizing only patent breadth. We find that the welfare gain can be quantitatively significant.     

专利侵权的认定与抗辩

随着我国经济的发展和<专利法>的不断普及,我国专利申请量已达每年十数万件,相应地,专利纠纷也大幅增加,不仅有国外企业挥舞专利大棒对我国企业的打压,就是国内企业之间的专利纠纷也时有发生.<专利法>及其相关法律是解决专利纠纷的主要依据.现行的<专利法>是于1985年4月1日起实施的.其后为了加入WTO,参照1995年1月1日生效的WTO<与贸易有关的知识产权协议>(TRIPS协议),2000年8月25日第九届全国人大常委会对其进行了第二次修正,增加了一些更符合世界趋势的规定,并于2001年7月1日起施行.     

The skilled revolt against general unionism: the case of the BL Toolroom Committee

During the 1970s, the position of craft workers became increasingly acute: their traditional differentials over semi-skilled and unskilled workers were eroded to an unprecedented degree; and their privileged position within their trade unions was weakened. Here Hugh Scullion examines developments through a case study of the BL Toolroom Committee.     

豆浆机技术及其专利保护现状

文章介绍了豆浆机的定义、设备组成和特点,并对我国在豆浆机领域的专利申请状况进行了统计分析对比,从专利的角度对豆浆机的技术现状进行了分析,梳理了豆浆机技术的发展状况。     

Innovation intensity,creativity enhancement,and eco‐innovation strategy: The roles of customer demand and environmental regulation

This study develops a contingency framework to investigate how and when innovation intensity and creativity enhancement affect a firm's eco‐innovation strategy by drawing upon the perspectives of the resource‐based view and stakeholder theory. This investigation aims to explore whether firms with high innovation intensity and creativity enhancement really pursue eco‐innovation strategy. Our examination is based on a sample of 2,126 manufacturing firms. By using a hierarchical regression, the results reveal that the effects of innovation intensity and creativity enhancement on eco‐innovation strategy depend on customer demand and environmental regulation. Specifically, customer demand positively moderates the effects of innovation intensity and creativity enhancement on eco‐innovation strategy, whereas existing regulation has a weaker effect on the relationship between innovation activities and eco‐innovation strategy than that of anticipated regulation.     

Computer-integrated manufacturing and high performance work system: the case of Taiwan

This study investigates the relationships between computer-integrated manufacturing (CIM) and high-performance work system (HPWS) that can arguably improve human capital in the firm and enhance the effectiveness of these advanced manufacturing technologies. Our data were drawn from two surveys of Taiwanese manufacturing establishments in 1998 and 2005. Results showed that high-degree CIM was positively associated with the practices of the each HR practice and HPWS, including high pay level, rigorous selection, extensive training, developmental performance management, performance- and competency- based rewards as well as employee stock ownership.