作品名称的法律保护问题

随着经济的发展,我国知识产权法所保护的对象呈现出横跨商标、专利、著作权等几个领域的趋势.依据法律规定,商标可以每10年续展一次,所以对商标权的保护可无限期的延长,商标所涉及的领域越来越广泛,诸如"作品名称、域名"等被作为商标注册,由于在这些领域内缺乏明确的法律规定,处理时往往比较棘手,文章仅就如何保护作品的名称及其能否被非著作权所有人作为商标注册开展研讨.     

Where is the entrepreneurship bang for the patenting buck? Utility versus design patents

This research contributes to the literature on entrepreneurship by studying whether design patents and utility patents have similar effects on entrepreneurial activity. Other contributions of this research include comparing the relative influences on startup versus established entrepreneurs and the effects of patents versus trademarks. Results, based on a panel of U.S. states, show that established entrepreneurs benefit from both types of patenting and from trademarks, whereas startup entrepreneurs significantly benefit from only design patents, and the effects of design patents and trademarks are opposite. These findings suggest that the entrepreneurship bang from the patenting buck might differ across patenting types.     

INTELLECTUAL PROPERTY LITIGATION ACTIVITY IN THE USA

Abstract.  Brand names or trademarks carry incredible economic power and prestige. There is increasing recognition by world bodies that intellectual property (IP), whether manifested in patents, trademarks, copyrights or trade secrets, is highly valuable and must be protected through robust IP enforcement. The USA is an interesting natural laboratory as patent, trademark and copyright litigation battles have been raging domestically for some time. The paper discusses the four main forms of IP assets, the legal remedies that are available to enforce the property rights inherent in each type of IP asset, the basic damages theory relating to each form of IP, and how damages may be calculated when each type of asset is presumed to be infringed. The increased recognition of the value of IP has led to stronger enforcement of IP protection, an increase in IP litigation, and growing policy actions that are focused on how that protection should be manifested. An empirical analysis of how the IP litigation activity in the USA has changed over time is also presented.     

基于对立品类的卷烟新品类营销模型研究

品类度代表着具体商标区别于其他商标的程度,是提升品牌价值的关键。卷烟新品在营销时,以对立品类理论指导营销活动能够帮助新品卷烟在市场竞争中脱颖而出。论文分析了消费者选购模型,结合品类度的基本特征,认为对立品类竞争是新品卷烟营销的可靠方案,并提出具有现实意义的指导意见。     

A comparison of family and nonfamily small firms in their approach to green innovation: A study of Italian companies in the agri‐food industry

Despite the growing scholars' attention toward green innovation, on the one hand, and family firms, on the other hand, there is still limited attention toward the intersection of these two streams of literature, because very few studies deal with green innovation in family firms. This paper aims at comparing family and nonfamily small firms in their approach to green innovation. To this aim, a multiple case studies methodology was used to understand whether and in which aspects family firms and nonfamily firms differ. In particular, a sample of 14 small enterprises (seven family and seven nonfamily firms) operating in the agri‐food industry and located in Italy was studied. Results suggest that family and nonfamily firms are similar with regard to green innovation characteristics, features of the green innovation process, faced challenges, and achieved outcomes. On the contrary, family firms differ from nonfamily firms in three key areas: firm's motivations, most relevant pressures, and green innovation view.     

Public procurement for innovation through supplier firms' sustainability lens: A systematic review and research agenda

Public sector purchasing processes are gaining increasing prominence as a demand-side innovation tool for addressing national sustainability challenges. Accordingly, there has been growing research attention to this topic. Prior studies suggest three key rationales that underlie the use of public sector procurement to drive innovation: (i) the buyer–user rationale (for creating new needs); (ii) the market/system failure rationale (for improving suppliers' capacity to innovate); and (iii) the public services rationale (for improving public services). However, operational activities at the upstream supply chain affecting the sustainable innovation capacities of supplier firms appear to be under-researched in the public procurement for innovation (PPI) scholarship, despite knowledge about innovation capacity being critical to successfully implementing PPI. This paper adopts a systematic literature review approach to synthesise existing fragmented literature on sustainability-oriented PPI, focusing on supplier perspectives. Findings from a synthesis of 41 relevant articles suggest, among others conditions, that a procurement framework that maintains a good balance of competition and innovation, builds buyer–supplier relationship and urges strong supply networks, maintains a stable political commitment, offers security for niche markets with effective innovation risk management culture would enhance suppliers' sustainability capacity and propensity to innovate. This paper contributes to the PPI literature and the literature on determinants of sustainable innovation systems from supplier firms' sustainability lens.     

The more the merrier? Network portfolio size and innovation performance in Nigerian firms

A positive relationship between firms' networking activities and innovativeness has been consistently established in the literature on innovation. However, studies considering different innovation types, and on developing countries are scarce. This paper addresses questions concerning the relationship between networking strategies and innovativeness of firms, using innovation survey data on Nigerian firms. Quantile regression is applied to trace the link between portfolio size and innovation at different levels of innovative success. The results show a positive relationship between a firm's innovation performance and the size of its networking portfolio. This relationship varies across different innovation types and with increasing innovation performance. The findings suggest that the widely accepted portfolio approach to external search for knowledge is not necessarily always the best—its utility depends on the firm's current level of innovative success. This poses a challenge for open innovation.     

Innovation alignment and project network dynamics: An integrative model for change

Innovation research has predominantly focused on hierarchically organized firms competing within single markets. Recently, however, researchers have debated over whether the increasing use of project networks within and across industries promotes or stifles innovation. This paper discusses a model based on crossnational diffusion data from three technological innovations in three‐dimensional computer‐aided design (3D CAD) and related implementation data from 82 firms. From the data we induce a set of constructs that form the basis of a two‐stage model for understanding innovation in project networks. In the first stage of the model the alignment of an innovation to the existing allocation of work in a project network is ascertained. In the second stage, the implementation success and diffusion outcomes for innovations misaligned with the allocation of work are governed by the relational stability, accrual of interests, boundary permeability, and existence of an agent for project network change. In developing this integrative, two‐stage model we resolve the contradiction in the academic literature regarding the degree to which project network dynamics can promote or stifle innovation.     

The role of openness in the fuzzy front-end of service innovation

The early stages of innovation involve high levels of uncertainty, leading to it being labelled as the “fuzzy-front end” (FFE). Although openness has been identified as pivotal to innovation performance in the open innovation literature, little effort has been put into exploring its role in the FFE. Specifically, this study examines ‘openness competence’ within the FFE–i.e., the ability of a FFE team to explore, gather and assimilate operant resources from external sources by means of external searches and inter-organisational partnerships. The aim is to investigate the impact of openness competence on front-end uncertainty reduction and service innovation success. Data were obtained from a survey of 122 IT-based service innovation projects implemented by IT service provider firms in Thailand. The results suggest that openness competence positively influences both the degree of uncertainty being reduced during the FFE and the overall success of service innovations. These findings offer several implications for research on open innovation and the FFE as well as encouragement to managers to apply a more open approach to the FFE of their service innovation projects.     

How to stimulate supplier innovation? Insights from a multiple case study

Drawing on the literature on supplier innovation, supplier development, and the relational view, we bring forward the concept of stimulation of supplier innovation, which refers to the buyer company's actions which aim to enhance its suppliers' innovativeness, guide its suppliers' innovation processes, and/or encourage its suppliers to share their innovations. Through four case studies about purchasing categories in three companies, we study how the stimulation focus is determined and what methods can be used for stimulating supplier innovation. We propose that stimulation comprises indirect and direct forms of knowledge-sharing and governance with an emphasis on indirect methods and suggest that the concept sheds light on the research gap on the push model of supplier innovation. We also elaborate the literature on supplier development and relational view in the context of supplier innovation.     

The transformation between exploration and exploitation applied to inventors of packaging innovations

While the inventor is often the driver of an invention in the early stages, he/she needs to move between different social networks for knowledge in order to create and capture value. The main objective of this research is to propose a literature-based framework based on innovation network theory and complemented with C–K theory, in order to analyze the invention/innovation process of inventors and the product concepts in a packaging industry context. Empirical input from three case studies of packaging inventions and their inventors is used to elaborate the suggested framework.The article identifies important gaps in the literature of innovation networks. This is addressed through a theoretical framework based on network theories, complemented with C–K theory for the product design level. The strength-of-ties dimension of the theoretical framework suggests, in agreement with the mainstream literature and the cases presented, that weak ties are required to access the knowledge related to exploration networks and strong ties are required to utilize the knowledge in the exploitation network. The transformation network is an intermediate step acting as a bridge where entrepreneurs can find required knowledge. The transformation network is also an intermediate step where entrepreneurs find financing and companies interested in commercializing inventions.     

Mapping the benefits and costs associated with process innovation: The case of RFID adoption

The successful implementation of any innovation requires an understanding of its benefits and costs. This study examines the changes in the magnitude of costs and benefits associated with technology process innovation adoption as the innovation diffuses across different industries. Using RFID as an exemplar technology, the study shows that the magnitude of benefits and costs associated with technological process innovation adoption within different industries varies as technology diffuses beyond early adopters to the early majority. During the early stages of technology evolution, the development cost, the cost of capital, ethical costs and simple direct implementation costs (in the form of the cost of tags) predominate. As a dominant design emerges the profile of costs changes with the emphasis on initiation costs, more holistic direct implementation costs and indirect implementation costs. A similar change in the emphasis of benefits is observed, with a shift from direct to indirect benefits being noticeable as the technology moves from early adopters to early majority adopters. Our findings help to explain the difficulties in consistently measuring innovation outcomes observed in the innovation implementation literature, and emphasize the need to take into consideration the stage of technology development as a significant factor that influences the realised outcomes from innovation implementation.     

WHAT'S IN A SIGN ? TRADEMARK LAW AND ECONOMIC THEORY

Abstract.  The aim of this paper is to summarize the extant theory as it relates to the economics of trademark, and to give some suggestions for further research with reference to distinct streams of literature. The proposed line of study inevitably looks at the complex relationship between signs and economics.
Trademark is a sign introduced to remedy a market failure. It facilitates purchase decisions by indicating the provenance of the goods, so that consumers can identify specific quality attributes deriving from their own, or others', past experience. Trademark holders, on their part, have an incentive to invest in quality because they will be able to reap the benefits in terms of reputation.
In other words, trademark law becomes an economic device which, opportunely designed, can produce incentives for maximizing market efficiency. This role must, of course, be recognized, as a vast body of literature has done, with its many positive economic consequences.
Nevertheless, trademark appears to have additional economic effects that should be equally recognized: it can determine the promotion of market power and the emergence of rent-seeking behaviours. It gives birth to an idiosyncratic economics of signs where very strong protection tends to be assured, even though the welfare effects are as yet poorly understood. In this domain much remains to be done and the challenge to researchers is open.     

BANK COMPETITION AND FINANCIAL STABILITY: MUCH ADO ABOUT NOTHING?

The theoretical literature gives conflicting predictions on how bank competition should affect financial stability, and dozens of researchers have attempted to evaluate the relationship empirically. We collect 598 estimates of the competition‐stability nexus reported in 31 studies and analyse the literature using meta‐analysis methods. We control for 35 aspects of study design and employ Bayesian model averaging to tackle the resulting model uncertainty. Our findings suggest that the definition of financial stability and bank competition used by researchers influences their results in a systematic way. The choice of data, estimation methodology, and control variables also affects the reported coefficient. We find evidence for moderate publication bias. Taken together, the estimates reported in the literature suggest little interplay between competition and stability, even when corrected for publication bias and potential misspecifications.     

Design versus utility innovation: Is corruption sanding or greasing the wheels of innovation?

This paper studies whether corruption has a greasing or a sanding effect on the production of innovation. The main novelty lies in comparing the relative impacts on design versus utility innovation. On the one hand, corruption can undermine (sand) the expected returns from patents, whereas on the other hand, patent holders might be able to increase (grease) the scope and applicability of their patents. Using U.S. state-level data and controlling for bidirectional causality, results show the sanding effect of corruption with regard to utility patents, with the negative effect on design patents occurring only with a time lag.     

Patents,trademarks, and their complementarity in venture capital funding

This paper analyzes the effects of patents and trademarks in the financing of start-ups through venture capitalists (VCs). Patents and trademarks signal a start-up's technological and marketing capabilities. We find that patents and trademarks not only have direct effects on venture capital financing but also have complementary effects. Start-ups that apply for both patents and trademarks yield higher VC funding than do those firms that apply for only one of the two IP rights. Furthermore, we find that the complementarity between patents and trademarks exists only in initial VC funding rounds. Our results suggest that early-phase start-ups seeking their initial VC funding do best when stressing both their technology and marketing capabilities. Accordingly, entrepreneurship policy should encourage start-ups to build both technological and marketing capabilities.     

Business Models for Frugal Innovation in Emerging Markets: The Case of the Medical Device and Laboratory Equipment Industry

This study investigates business models for frugal innovation (i.e. a specific form of resource-constrained innovation) in the medical device and laboratory equipment industry in the context of emerging markets. Based on original data from five case studies, we investigate how firms can set up value creation and value capturing mechanisms to reach new customer segments in remote rural areas with unprecedented value propositions. With this research, we contribute to the literature on frugal innovation and business models in emerging markets. It is among the first empirical studies to apply a fine-grained perspective on resource-constrained innovation in emerging markets. In doing so, we focus on its most disruptive form, which is when these innovations entail entirely new applications. We advance and detail the value proposition for frugal innovation in these industries and argue that frugal innovation create new markets. Further, we show how firms set up their value creation and value capturing mechanisms to achieve the value proposition and identify two distinct Research & Development (R&D) strategies for frugal innovation.     

New evidence on innovation and market structure

Arrow and Demsetz have disagreed on theoretical grounds as to whether the incentive to invent is likely to be greater in a competitive industry or a monopoly one. Past empirical studies of the relationship between the rate of innovation and market structure have suggested that innovation occurs at a faster rate within a competitive market structure. This paper employs more detailed data and a larger sample of markets than have most previous studies of this relationship. Using a sales-weighted measure of innovation, the paper finds a positive and statistically significant relationship between the overall rate of innovation In individual markets and the level of seller concentration. This implies that public policy which reduces concentration may, through its impact on incentives, have the side effect of reducing the rate of innovation in the markets involved.     

The interplay between technology characteristics,R&D internationalisation,and new product introduction: Empirical evidence from the energy conservation sector

Developing marketable products based on proprietary technologies is the key to success in many firms, but it is still a big challenge. Factors explaining when technologies are more likely to lead to a marketable product are not fully understood yet. This gap calls for further research on this important topic. The present paper addresses this issue by focusing on specific characteristics of technologies - i.e., their nature as breakthrough technologies and their generality - which can be considered as suitable predictors of new product introduction (NPI). Specifically, we study if and how these characteristics affect the likelihood of NPI. Moreover, in our research model, we argue that the effects of technology characteristics on NPI are contingent upon the degree of a firm's R&D internationalisation. We examine this moderating firm-level factor in a cross-level study design. We develop several hypotheses and test them with objective patent and novel trademark data. In detail, the analyses are based on a unique and longitudinal sample of 11,385 patents and 1,783 trademarks registered at the USPTO in the energy conservation sector by 696 different companies. By adopting hierarchical linear modeling (HLM), we reveal that the likelihood of NPI is positively related to the breakthrough nature of technologies; this effect turns negative when the level of breakthrough nature is very high. Instead, technological generality has a negative influence on NPI. Finally, the degree to which firms internationalise their R&D activities negatively moderates those relationships.