Changes to university IPR regulations in Europe and the impact on academic patenting

This article develops a general framework to describe the changes in university IPR regulations in Europe and their effects on the patenting activities of universities and on knowledge transfer processes. Understanding the effects of changes in IPR regulations on academic patenting is a complex issue, and parallels with the US case can be misleading. First, despite the general trend towards institutional ownership, university IPR regulations in Europe remain extremely differentiated and there is no one-to-one mapping to the US system. Second, it is difficult to disentangle the quantitative and qualitative effects of changes in IPR ownership regulations on academic patenting activities from the effects of concurrent transformations in the institutional, cultural and organizational landscape surrounding academic knowledge transfer. The article proposes a review and typological classification of national university IPR ownership systems on the basis of their development since 2000, and uses it to analyze the aggregate dynamics of academic patent ownership in several European countries. The analysis of patterns of ownership of academic patents shows that there has been a general increase in university patenting since 1990, with a significant slowdown (and even reduction in some countries) after early 2000s accompanied by a switch in academic patents ownership in favor of university ownership though preserving the European specificity of high company ownership of academic invented patents.     

财政性知识产权国有资产管理与权利下放研究

本文运用创新和创新生态体系理论研究了财政资金科技成果的知识产权私权属性、知识产权资产特性、权利合理配置下放、知识产权准确评估等热点问题。国有资产管理不是阻碍科技成果转化和知识产权运用的主要问题,高校科研机构内部技术转移和知识产权运营机构能够有效解决科技成果转化过程中的供需不对接问题和信息与风险不对称问题,以及专利权利碎片化问题,应建立技术转移、知识产权管理和投资功能三类部门和人才团队,建立“相互支持、相互约束”的机制,建立种子投资基金。对于单位在一定时间内没有转化实施,不涉及公益性,或者知识产权较少的科技成果,可以将科技成果所有权或长期使用权下放给职务科技成果完成人。     

关注社会公平与正义的一部力作——评于建星博士的《弱势群体权利保护研究》

弱势群体权利保护是当前倍受关注的社会问题。于建星博士克服情感冲动,冷静理性思考,立足自由及其自由的实现视角,就弱势群体权利保护问题,提出了一系列令人注目的观点,凝著而为《弱势群体权利保护研究》,这又为当前社会公平正义研究,特别是弱势群体权利保护开辟一个新的理论空间和实践思路。     

Research tool patents and free-libre biotechnology: A suggested unified framework

This paper proposes a unified conceptual framework to analyze the multiple role and consequences of patents in the case of biotechnology research tools. We argue that the knowledge/information and independent/complementary nature of research tools define heterogeneous frameworks in which the patent system plays different roles. In particular, using the analogy with the free-libre open source movement in software, we show that patents can promote open innovation by ensuring the freedom of some pieces of knowledge. A strong conclusion of the paper is therefore that, against common belief, an adequate use of the patent system may contribute to preserving freedom of access to upstream research tools within a framework that we call free-libre biotechnology.     

Third-party relational governance and collaborative innovation performance: The role of IPR protection

The purpose of this study is to explore the impact of third-party relational governance on the performance of collaborative innovation in China. By integrating the relational view and innovation appropriation perspectives, this study analyses the effects of three mechanisms of third-party relational governance—co-reputation, interorganizational routines, and technological norms—on collaborative innovation performance. Additionally, this study investigates the moderating effects of the protection of intellectual Property Rights (IPR) on the relationship between third-party relational governance and collaborative innovation performance. Survey data of high-technology firms in China are used to empirically test the hypotheses. The results show that third-party relational governance has a positive effect on collaborative innovation performance and that IPR protection has different moderating effects. This study contributes to the relational governance literature by adding the perspective of third parties and analyzing three mechanisms of third-party relational governance in a single model. This study also contributes to the innovation appropriation literature by examining the role of IPR protection in governing collaborative innovation in China. Finally, this study offers suggestions on how Chinese firms should govern their collaborative innovation to remedy the limitations of a weak IPR legal institutional framework.     

In search of a useful theory of the productive potential of intellectual property rights

Mainstream theory, which has informed the belief systems regarding the operation as well as the predicted social and economic effects of IPR systems, cannot explain why the IPR system generates different performance results and varying potential for growth across the firms, sectors and nations participating in the IPR system. This paper sketches a theory of the ‘productive potential of intellectual property rights’ which is able to do just that. Focusing on the ‘rules of the game’ embedded in the institutional IPR environment and the ‘play of the game’ within the alternative institutions of IPR governance, the paper emphasizes the importance of the nature or quality of the relationships among IPR stakeholders and the contribution of such relationships to the processes of financial and non-financial value creation and distribution from IPRs. The central role of cooperation, asymmetric relationships, and the effective resolution of conflicting interests amongst stakeholders is addressed. It is suggested that the proposed framework provides a better starting point for the design of IPR policy and management.     

Effects of the European Union trademark: Lessons for the harmonization of intellectual property systems

We study the impact of the European Union Trademark (EUTM), the first pan-European intellectual property right (IPR) title established in 1996. The EUTM drastically reduced the cost of trademark protection, particularly for firms active in many EU member states. As a consequence, the number of marks and the resources spent on protection increased substantially, indicating that there was a large latent demand for IPR protection. Our results suggest that the fragmentation of the EU IPR system, due to the resulting high cost of IPR protection, is an impediment to market entry and innovation, especially for companies operating in smaller EU member states. Our findings are informative for the governance of IPR protection in the EU as well as for plans to harmonize the IPR environment in other trade blocs.     

信息不对称对公众信息获取的影响与对策分析

在现代信息社会,信息获取是社会公众的一项基本权利,而公众信息获取受诸多因素的限制,信息不对称是阻碍公众获取信息资源的重要因素之一。信息不对称导致不同社会主体之间的信息差异,从而影响社会公众充分获取信息资源,提高信息获取的成本,公众信息获取权益受损,为此需要减少信息不对称对公众信息获取产生的负面影响,具体措施包括完善信息交流机制、加强政府规制、规范信息市场等。     

Comparing firms’ triadic patent applications across countries: Is there a gap in terms of R&D effort or a gap in terms of performances?

This paper addresses the question of national differences as regard the number of triadic patents applied for by inventors from several OECD countries. The key idea is to determine whether such differences should be attributed to differences in R&D expenditures or rather to some other reasons, mainly institutional or behavioural ones. With this aim in view, both a macro-economic analysis, based on aggregate data for triadic patent counts and R&D expenditures and a micro-economic analysis based on firms’ data from three selected sectors are performed. In both cases, the methodological focus is made on the introduction, the definition and the estimation of a national index of relative efficiency in standard count data models. The main empirical findings are that there is a strong heterogeneity in terms of performance among European countries and a strong intra-country heterogeneity among sectors. This suggests that, in the field of innovation policies, there is a need for “tailored” solutions reflecting the specificities of each innovation system. Moreover, we show that European countries over-perform the United States in some high-tech sectors where the leadership of American firms is traditionally alleged, whereas European firms fail to keep up in more traditional sectors.     

Public sector information management in east and southern Africa: Implications for FOI, democracy and integrity in government

Sound management of information contained in records and other information systems in the public sector is the sine qua non of democratic governance. For effective access to government held information, Freedom of Information (FOI) legislations impose significant duties and responsibilities on public authorities to give access to information. FOI legislation is premised on the principle that effective records management enables authorities to enforce wider government agenda to increase openness, transparency, trust and accountability in the public sector. Effective access, management and exploitation of official information are the means by which governments can demonstrate accountability and transparency in the use of public resources, expose corruption and fraud, protect citizens’ rights, as well as improve overall service delivery to citizens.This paper reviews management of public sector information contained in records and implications for enhancing freedom of access to information, democracy and integrity in governments within east and southern Africa. The authors point out that as democracy and good governance gain momentum especially in developing world, governments in east and southern Africa have one critical factor that is yet to receive adequate attention, namely the role played by information management in enhancing democracy, transparency, accountability and integrity in government. Besides, though constitutions of most east and southern African countries provide for the right and freedom of access to information as a tool to enhance democracy and good governance, state interference from time to time hampers such rights and freedoms to be exercised. The authors proffer the way forward for east and southern Africa.     

信息寻租问题探析

当今信息社会,信息已经成为重要的资源。市场经济体制下,信息拥有者想方设法对自己所掌握的信息进行垄断,以获取高额利润。本文从信息寻租的概念入手,并且从信息的特点角度,详细地分析出信息寻租的五种主要方式,以及形成信息寻租现象的主要原因和危害,最后笔者针对这些原因从道德教育、信息公开、法律法规和监督机制等几个方面提出了相应的应对措施以促进信息资源公共获取。     

Indicators of the relative importance of IPRs in developing countries

This paper reviews briefly the economic case for uniform and strong intellectual property rights (IPRs) in developing countries and to throw some empirical light on the potential impact of strengthening IPRs and applying them uniformly to all countries (as envisaged by the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement). It argues that countries at different levels of industrial and technological development face very different economic costs and benefits from stronger IPRs. It illustrates technological differences with the help of country classifications using various measures of domestic innovation and technology imports, both of which are expected to respond to stricter IPRs. The data can be used to examine the technological implications of stricter IPRs. The paper does not, however, deal with such IPR issues as the cost of medicines, agricultural inputs, bio-diversity or genetic materials. Nor does it try to measure the strength of IPR regimes in different countries or quantify the general impact of IPRs on development.     

The Network Society as Seen From Italy

Italy was behind the European average in internet development for many years, but a new trend, which has brought considerable change, emerged at the end of 1998 and showed its effects in 2000 and following years. Now Italy is one of the top ten countries worldwide in internet hostcount and the fourth largest in Europe. Density of internet activity on Italy in proportion to population is still below the average in the European Union, but growing faster than Germany, the UK and France--and faster than the world-wide or European average. From the point of view of media control there are several problems. Italy has democratic institutions and freedom of speech, but there is an alarming concentration in the control of mainstream media (especially broadcast). There are no officially declared restrictions in the use of the internet, but several legal and regulatory decisions reveal a desire to limit freedom of opinion and dialogue--and-or gain centralized control of the net.     

The Network Society as Seen From Italy

Italy was behind the European average in internet development for many years, but a new trend, which has brought considerable change, emerged at the end of 1998 and showed its effects in 2000 and following years. Now Italy is one of the top ten countries worldwide in internet hostcount and the fourth largest in Europe. Density of internet activity on Italy in proportion to population is still below the average in the European Union, but growing faster than Germany, the UK and France--and faster than the world-wide or European average. From the point of view of media control there are several problems. Italy has democratic institutions and freedom of speech, but there is an alarming concentration in the control of mainstream media (especially broadcast). There are no officially declared restrictions in the use of the internet, but several legal and regulatory decisions reveal a desire to limit freedom of opinion and dialogue--and-or gain centralized control of the net.     

A resurgence of interest in Information Architecture

Information Architecture is a part of Information Technology Architecture, and has attracted interest through e-business and e-government initiatives as well as through the general popularity of Service Oriented Architecture. In many ways there is nothing new about Information Technology Architecture; however both public and private sector organisations are becoming freshly receptive to talking about the strategic shaping of Information Technology using the language of Architecture. Information Architecture is a core responsibility of Information Technology management, and is as much organisational as technical, drawing on the breadth of the Information Systems field. This paper reviews the literature on Information Architecture to bring together a number of key issues within an overarching architectural perspective. It argues that its current topicality offers Information Systems practitioners a renewed opportunity and mandate to pursue an Information Architecture strategy, and offers academics a renewed incentive to research this area.     

非均衡性语境下城乡居民信息分化现状调查——以浙江省为个案

城乡居民信息分化主要显现在城乡拥有书刊借阅场所及信息资源多寡不均、获取信息的基础条件与传媒资源失衡、互联网利用和信息技能差异较大等方面。本文直面现状分析原因,并提出缩小城乡信息差距的五项对策建议。     

Are patents signals for the IPO market? An EU–US comparison for the software industry

This study investigates empirically whether patents can be signals to financial markets, thus reducing problems of asymmetric information. In particular we study how patenting behaviour impacts on the way investors perceive software firms’ growth potential through an increase in the amount invested at the initial public offering (IPO) of firms in the US and Europe. This study performs regressions on the relationship of patent applications before IPO and the amount of money collected at the IPO, while controlling other factors that may influence IPO performance. We also attempt to account for a potential source of endogeneity problems that can arise for self-selection bias and simultaneity between the number of patent applications prior to going public and the amount of money collected at IPO. We find significant and robust positive correlations between patent applications and IPO performance. The signalling power of patenting is significantly different for US and European companies, and is related to the difficulty in obtaining a signal and its scarcity. An additional patent application prior to IPO increases IPO proceeds by about 0.507% and 1.13% for US and European companies, respectively. Results suggest that a less ‘applicant friendly’ patenting system increases the credibility of patents as signals and their value for IPO investors.     

中国知识产权行政执法制度定位研究

就知识产权行政执法制度的质疑由来已久,但随着国家知识产权战略的持续推进,知识产权行政执法却得到了日益的强化。如何理解知识产权行政执法的基本性质,如何分析中国知识产权行政执法制度都成为了亟待解决的理论和实践问题。本文尝试从制度内涵、国际比较与中国特色三方面分析知识产权行政执法的基本性质,并从优化知识产权执法的角度为该制度的定位提供了包括整合必要执法力量、强化行政执法与司法保护的协调、健全执法程序等若干政策建议。     

Beyond traditional collaborative search: Understanding the effect of awareness on multi-level collaborative information retrieval

Although there has been a great deal of research into Collaborative Information Retrieval (CIR) and Collaborative Information Seeking (CIS), the majority has assumed that team members have the same level of unrestricted access to underlying information. However, observations from different domains (e.g. healthcare, business, etc.) have suggested that collaboration sometimes involves people with differing levels of access to underlying information. This type of scenario has been referred to as Multi-Level Collaborative Information Retrieval (MLCIR). To the best of our knowledge, no studies have been conducted to investigate the effect of awareness, an existing CIR/CIS concept, on MLCIR. To address this gap in current knowledge, we conducted two separate user studies using a total of 5 different collaborative search interfaces and 3 information access scenarios. A number of Information Retrieval (IR), CIS and CIR evaluation metrics, as well as questionnaires were used to compare the interfaces. Design interviews were also conducted after evaluations to obtain qualitative feedback from participants. Results suggested that query properties such as time spent on query, query popularity and query effectiveness could allow users to obtain information about team's search performance and implicitly suggest better queries without disclosing sensitive data. Besides, having access to a history of intersecting viewed, relevant and bookmarked documents could provide similar positive effect as query properties. Also, it was found that being able to easily identify different team members and their actions is important for users in MLCIR. Based on our findings, we provide important design recommendations to help develop new CIR and MLCIR interfaces.     

Institutional changes and the commercialization of academic knowledge: A study of Italian universities’ patenting activities between 1965 and 2002

This paper focuses on Italian universities’ patenting activities between 1965 and 2002 and on the way they were affected by internal IPR regulations, set as part of broader responses to the increased level of autonomy granted to universities during the 1990s. Our analyses are based on a unique dataset including detailed information on all patents filed by Italian universities and university-level characteristics. Results show that: (1) in the last 10 years, the number of Italian university patents rose substantially; (2) patenting activities almost tripled in universities with an internal IPR regulation, after controlling for several universities’ characteristics, previous patenting activity and time trends; (3) each time a university creates its own patent regulation, there is a 9% increase in the likelihood that universities without any internal patent regulation will adopt one. Implications for university technology transfer policies are discussed.