Development of intellectual property laws for the Russian Federation

In most industrialized nations, the concept and body of intellectual property laws is well into its third century of development and testing. The Russian Federation, however, has created and implemented an entirely new body of intellectual property law since the collapse of the Soviet Union in 1992. As American and other western firms work with the Russian Federation as a supplier and customer, they must recognize that the new nation has abandoned a legal philosophy denying the existence of intellectual property in favor of intellectual property laws recognizing and favoring private development and ownership of such property. This paper examines the Russian intellectual property laws and points out adaptations that western nations should make when dealing with similar entities in the Russian Federation. The study assumes familiarity with Russian history, language, and geography. A caution to domestic firms is that they should retain experienced legal counsel to deal with negotiations and contracts with Russian business interests.     

The critical role of timing in managing intellectual property

In today's environment, timing is a critical part of business strategy. Nowhere is this truer than as regards managing intellectual property in an increasingly global marketplace. The creation and protection of intellectual property assets often depends on consistently taking the right legal action at the right time. The consequences of failing to do so can be disastrous but may only be felt at a later time or in other markets. The difficulty for business people lies in the fact that the time-sensitive aspects of intellectual property cannot be managed effectively by relying on intuition or resolving to see a lawyer when the need arises. This article provides a basic primer on the critical role of timing in identifying, creating, and protecting intellectual property assets. It discusses the most common types of intellectual property—patents, copyrights, trademarks, and trade secrets—and compares the role of timing in the creation and protection of each asset type. Most importantly, it summarizes the key issues of timing in the creation and protection of intellectual property.     

Protecting corporate intellectual property: Legal and technical approaches

The recent FBI v. Apple case has the potential to turn a 227-year-old statute law into a tool for government agencies to gain access to personal and corporate information. Recent events such as ‘Petraeus-gate,’ hacked nude celebrity photos in the cloud, and the use of a search and seizure warrant in the United States seeking customer email contents on an extraterritorial server raise important issues for the supposedly safe storage of data on the World Wide Web. Not only may there be nowhere to hide in cyberspace but nothing in cyberspace may be private. This article explores the legal and technical issues raised by these matters, with emphasis on the court decision In the Matter of a Warrant to Search a Certain E-Mail Account Controlled and Maintained by Microsoft Corporation and the subsequent upholding of that decision.     

Experts'''' Warning:Enterprises must fully utilize the system of intellectual property

In recent years, there is an upward tendency as to Japan's application for patent in China; last year Japancompleted 13,736 cases of patent application in China, which is increased by 38.9% compared with thesame period of last year, and which accounts for over 1/3 of the total amount of foreign application forpatent. There is a tendency that the quantity of Japan's application for patent in China will surpass the totalamount of patent application by all English-speaking countries. This infor…     

浅析我国的知识产权法律保护

本文总结了我国知识产权法律保护制度的现状,并分析了我国知识产权法律保护制度存在的问题.     

浅析我国的知识产权法律保护

本文总结了我国知识产权法律保护制度的现状,并分析了我国知识产权法律保护制度存在的问题.     

International diffusion and intellectual property rights: An empirical analysis

Does a stronger intellectual property rights regime lead to the faster diffusion of new products and technology? While there is a presumption that this is the case, our analysis of data on the international release patterns of Hollywood movies suggests a more complex story: although moderate standards of IPR encourage the spread of movies, either very weak or very strong property rights tend to slow the speed with which American movies are released abroad. This empirical finding is robust to a wide variety of specifications. Overall, it appears that while some recognition of IPR may encourage diffusion, very strong IPR may actually retard the speed of diffusion.     

有关知识产权保护的新思考

知识产权的制度经济学派从不同角度论证了知识产权保护可以提高资源配置效率.知识产权应该保护毋庸置疑,但是知识财产本身的特性决定了知识产权保护具有两面性.     

Trends in worldwide intellectual property protection: The case of the pharmaceutical patent

The protection of intellectual property is of growing concern as an issue in international trade. Both the NAFTA and the TRIPS provide chapters on intellectual property, a subject matter included in multilateral trade agreements for the first time. These provisions were designed to reassure owners of such property that their rights would be protected in participating countries. Few industries are as dependent on adequate protection than the patent protected segment of the pharmaceutical industry. It is only through enforceable patent policies that drug companies can generate sufficient revenues to undertake the costly research and development that make the introduction of new products possible. This article examines recent trends in intellectual property protection on a global basis, focusing on differences and similarities within the pharmaceutical industry both in the European Community and the United States. Despite the focus on the pharmaceutical industry, the trends discussed should be of interest to any firm that utilizes intellectual property in its overseas activities. © 1995 John Wiley & Sons, Inc.     

如何保护工艺品出口知识产权

近年来,我国外贸遭遇了一次又一次的知识产权争端。进出口企业在遇到知识产权纠纷时,普遍认为这是国际市场通过滥用知识产权保护规则,构筑起新的贸易壁垒。然而从自身角度看,     

企业,请步出知识产权保护的误区

随着我国加入WTO以及市场经济体制的逐步完善和经济秩序的进一步规范,做好知识产权保护工作显得越来越迫切,提高全社会知识产权保护意识也越来越重要,在4月26日“世界知识产权日”即将到来之际,普及知识产权保护常识,宣传合理有效保护知识产权的意义,对实施科教兴国和科技兴贸战略、促进科技创新、品牌竞争力、经济发展等方面具有更实际的意义。     

Preserving intellectual property rights: Managerial insight into the escalating counterfeit market quandary

The U.S. Customs and Border Protection reports that counterfeit goods seizures were up 83% in 2006. While a plethora of anti-counterfeiting strategies target distribution channels, international organizations, pirates, and company-based initiatives, few reports debate the effectiveness of these distinct anti-counterfeiting tactics to curb the problem. For this study we conducted in-depth interviews with United States managers to gauge the efficacy of various anti-counterfeiting tactics to preserve intellectual property rights. The results indicate that corporate managers find the practice of encouraging distributors to notify the manufacturer about counterfeits, as well as educating both employees and channel members about the counterfeit problem, to be some of the most effective ways to fight pirates. However, the managers report many other tactics are futile, including providing financial incentives for distributors to reject counterfeits and stressing the harmful effects of fake goods in advertising. We recommend a specific program that firms can employ to deter counterfeiting, including managing the registration of all trademarks and patents in key markets, establishing a company-based enforcement team, monitoring the growth of fakes through a central information repository, developing a muti-pronged action plan, and preparing to fight pirates through investigative work in conjunction with local law enforcement.     

保护知识产权的要诀

国际技术贸易因影响其成交的因素众多,无论是技术引进,还是技术出口,都对交易双方有着较一般货物贸易远为广泛而深刻的影响。而在众多的可影响技术贸易的因素当中,知识产权的保护程度力度的大小决定技术贸易质量的高低。     

妥善解决赴德参展知识产权纠纷

近几年,我国外贸企业出国参展遇到的知识产权方面的纠纷多且影响大,商务部和贸促会有针对性地开展了知识产权方面的应对措施培训.2010年7月中旬,由商务部法律司连同贸促会法律部,展览部主办的出国展览知识产权培训在杭州举办,对出展方面遇到的新情况,有关的法律部门会同国内外的专家作了研究和分析.     

Extremely urgent to cultivate enterprises''''independent intellectual property

After China's entry into WTO, the task relating to our country's intellectual property protection is very urgent, which is embodied in thefollowing aspects: First, with regard to the current quantity of patent application and its distribution in different areas, the proportion of foreign patentson invention is very big, which is about 70%. To take hi-tech for example, computers account for 70%, mobile telecom accounts for 90%,integrated circuit accounts for 90%, biotechnolo…     

新世纪知识产权态势浅析

知识产权制度的产生已有300多年的历史,它涵盖了科学技术、文学艺术和商业竞争等多个领域,渗透到人类社会生产和生活的各个方面,涉及广泛的创造群体、应用群体和消费群体。随着时代的发展,人们逐步体会到智力成果带给人类社会的巨大影响,日益认识到知识产权是人类社会的宝贵财富,是推动科学技术进步的关键,知识产权保护已受到世界各国的广泛重视。     

知识产权跳板还是屏障

在世界各国,几乎都能看见“中国制造”的货物;在让人骄傲的同时,不少外贸企业却经常不得不面临着这样的指控：侵犯知识产权。并且,人家因为“知识产权”收取我们各种专利和标准费用,使中国外贸企业进出口贸易额做大了,但实际效益却很低。     

How SMEs exploit their intellectual property assets: evidence from survey data

This paper seeks to understand how motives to patent affect the use of the patent portfolio with a particular focus on motives aimed at the monetization of intellectual property. The analysis relies on data from an international survey conducted by the European Patent Office. There are three main results. First, small- and medium-sized enterprises (SMEs) exhibit a much stronger reliance on ??monetary patents?? than large companies and nearly half of the SMEs in the sample patent for monetary reasons. Second, SMEs tend to use their patents more actively than large firms. Third, smaller companies generally have a higher proportion of their portfolio that is licensed, but the licensing rate is significantly higher in the USA. An American SME is twice as likely as a European SME to have a high share of its portfolio that is actually licensed, witnessing a fragmented market for technology in Europe.