The Measurement of Intellectual Property Rights Protection

Ostergard, Robert L.

doi:10.1057/palgrave.jibs.8490911

Cited by 103 publications

(58 citation statements)

References 14 publications

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“…The findings show that patent administration is diversely operational across countries, but still on average, more advanced development than enforcement (most countries are moderate enforcers). These findings corroborate prior research that countries' patent mechanism tends to be the most developed (Ostergard, 2000;Sherwood, 1997). Our results also confirm that nations are more developed in patent administration than in patent enforcement.…”

Section: <Table 4>supporting

confidence: 90%

“…It also looks at nations' administrative efficiency in patent filing and granting (Sherwood, 1997). Moreover, it examines how nations resolve crossborder patent disputes and settlement (Ostergard, 2000). While the interrelated, interacting and interdependent relationships among nations have increased the need for global integration, countries seem to operate independently within the broad international patent system due to their different institutional background.…”

Section: Global Patent Integrationmentioning

confidence: 99%

“…As a result, nations tend to have varied development in the process of implementing their patent system. Sporadic research has recognized such development variations with four studies worth deliberation (Rapp & Rozek, 1990;Sherwood, 1997;Ginarte & Park, 1997;Ostergard, 2000). Rapp and Rozek (1990) measure the strength of patent laws in 159 countries on a zero-to-five scale (0 indicates 'no patent laws' and 5 'patent laws consistent with the minimum standard set out by the U.S. Chamber of Commerce').…”

Section: Divergence In Patent System Developmentmentioning

confidence: 99%

“…In practice, understanding of international inventive activities, research and development, and technological advancement help inform firms of the level of patent risks associated with IB activities, allowing them to take strategic measures to minimize them (Ostergard, 2000). Our research thus intends to contribute knowledge from this perspective by addressing two questions: (1) Have nations integrated their patent systems under the influence of international institutions?…”

Section: Introductionmentioning

confidence: 99%

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Integration and divergence of patent systems across national and international institutions

Yang

Sönmez

2013

Journal of World Business

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Based on a framework grounded in the institution-based view, this paper addresses the extent of global patent system integration and development. Our findings suggest that nations' patent systems have yet 'met' the 'international standards', despite national and international endeavor toward this goal. The impact of international institutions on national institutions is reflected in the process rather than the outcome. Among the three components of patent systems across 88 nations, conformity is the strongest for 'patent mechanism', operations is the most diverse for 'patent administration' and 'patent enforcement' does not form a cross-nation divide due to most nations being moderate enforcers.

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Section: <Table 4>supporting

confidence: 90%

Section: Global Patent Integrationmentioning

confidence: 99%

Section: Divergence In Patent System Developmentmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

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Integration and divergence of patent systems across national and international institutions

Yang

Sönmez

2013

Journal of World Business

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“…From the standpoint of legal protection, government, and industry seek regulatory mechanisms related to industry and trade, such as patent laws, copyrights, and trade secrets [29]. From the standpoint of technological protection, several techniques have been developed to avoid reverse engineering, tampering, and illegal distribution of software.…”

Section: Watermarking For Intellectual Property Protectionmentioning

confidence: 99%

Software control and intellectual property protection in cyber-physical systems

Machado

Boccardo

Sá

et al. 2016

EURASIP J. on Info. Security

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Software control is a critical issue in cyber-physical systems (CPS); if the expected behavior of the software embedded in a single device of a CPS cannot be enforced then the behavior of the whole CPS may be in jeopardy. Thus, CPS stakeholders like having some level of control over the embedded software. Third-party demands to control the software, however, conflict with the intellectual property protection demanded by software developers, since some level of detail about the software at hand would have to be disclosed. In the present paper, we discuss the issue of controlling the software embedded in CPS devices and address the problem of how to achieve an increased level of software control without compromising the protection of intellectual property. We propose a two-party fingerprinting scheme that allows for attribution of responsibility in the case of intellectual property leaks. Our fingerprinting scheme is such that neither party may obtain an advantage over the other by misbehaving, misrepresenting or by prematurely aborting the protocol, therefore providing a fair means to resolve disputes.

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Self sanction and regulative sanction against copyright infringement: A comparison between U.S. and China college students

Gerlach¹,

Kuo²,

Lin³

2009

J. Am. Soc. Inf. Sci.

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Worldwide losses due to the copyright infringement of intellectual property such as PC software, music recordings, and motion pictures continue at epidemic proportions in emerging countries. This article develops a research model for analyzing individual ethical decision making that is influenced simultaneously by two chief forces: regulative sanction and self sanction. In particular, we report on the differences between 241 U.S. and 277 China college students' self-reported copyright infringement behaviors and attitudes. The analysis shows that the China subjects exhibit less concern about being prosecuted and penalized, but are equally responsive to social sanctions as U.S. subjects, strongly suggesting that stricter enforcement of copyright law in China will reduce copyright violations. However, the results show that self-regulatory efficacy is the primary determinant of copyright adherence for the U.S. subjects. For the China subjects, while self-regulatory efficacy is shown to significantly predict copyright infringement behaviors, it exists at lower levels and plays a lesser role in ethical decision making when compared to the U.S. subjects. Overall, the results indicate that normative and cultural-cognitive changes in China that go beyond regulative enforcement may be required if significant reductions in copyright infringement are to be expected.

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The Measurement of Intellectual Property Rights Protection

Cited by 103 publications

References 14 publications

Integration and divergence of patent systems across national and international institutions

Integration and divergence of patent systems across national and international institutions

Software control and intellectual property protection in cyber-physical systems

Self sanction and regulative sanction against copyright infringement: A comparison between U.S. and China college students

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