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Articles 1 - 6 of 6
Full-Text Articles in Business
Patent Trolls: Legit Enforcers Or Harrassers?, Deli Yang
Patent Trolls: Legit Enforcers Or Harrassers?, Deli Yang
School of Business Faculty Research
Since the turn of the century, 'patent trolls' have emerged as one of the most topical debates among patent holders. However, nearly ten years later, stakeholders are still unable to reach consensus as to the 'right' or 'wrong' of 'trolls'. Against this backdrop, our debates open with the landmark case of Blackberry between RIM and NTP to provide thoughts as to whether NTP is considered a troll. Then there is a focus on some conceptual issues surrounding 'patent trolls', and its origin citing relevant mini-cases. This column also lays out the fierce arguments for or against patent trolling among scholars …
Marks And Brands: Conceptual, Operational And Methodological Comparisons, Deli Yang, M. Sönmez, Q. Li
Marks And Brands: Conceptual, Operational And Methodological Comparisons, Deli Yang, M. Sönmez, Q. Li
School of Business Faculty Research
People tend to use brands and marks interchangeably due to their similarities. However, they are often nonsubstitutable to each other. This paper systematically examines the similarities and differences of these two terms in conceptual, operational and methodological manners taking account of history and international dimensions. Such clarification is important given the increasing significance of marks and brands for all stakeholders (rather than consumers only). The paper starts with the definitional understanding about the two terms. It then focuses on the history of these two terms to reveal how their evolvement has been. Next, it discusses their similarities and differences, including …
Colour Markability: Registrable In A Few Nations, But Debatable Among Many!, Deli Yang
Colour Markability: Registrable In A Few Nations, But Debatable Among Many!, Deli Yang
School of Business Faculty Research
Colour marks have been equally debatable before and after they became registrable in few countries. Before some landmark cases set the broad legal framework for colour mark protection, debates centred on the registrability. Nowadays, registrability remains an issue, but heightened debates have been surrounding the conditions and interpretations of this non-traditional mark. With the increasing importance of marks for businesses and organizations, colour mark issues have become internationally controversial. This Global IP debate thus, opens with two landmark cases: Qualitex v Jacobson and BP v Woolworths. It then focuses on some conceptual issues relevant to the colour mark itself, its …
Software Protection: Copyrightability Vs Patentability?, Deli Yang
Software Protection: Copyrightability Vs Patentability?, Deli Yang
School of Business Faculty Research
The moment software was created was also the starting point of heated debates over software protection. During the early stages of protection, the debate was around the copyrightability of software protection. Nowadays, the focal point is the argument on whether software should be solely protected under copyright or dually guarded by both copyright and patent. With the development of the software industry across the world, this issue has become more and more contentious internationally. This column of Global IP Debate opens with a software patent case and an open source case, and then traces the history of software protection to …
Patent System Measurements: Review, Critique And Proposal, Deli Yang
Patent System Measurements: Review, Critique And Proposal, Deli Yang
School of Business Faculty Research
This paper reviews and critiques existing literature on means of patent system measurement across countries and accordingly proposes an integrated framework to advance this under-studied area by considering the impact of international organizations. The literature review reveals that studies have been conducted to measure patent systems across the world in diversely conceptual, empirical and methodological manners. The paper discusses all these differences and reveals their strengths and weaknesses. The proposed conceptual framework consists of three components: patent mechanism (e.g. patent laws), patent administration (e.g. patent filing and grant) and patent enforcement (e.g. judicial dispute resolution). The initial testing of this …
Compulsory Licensing: For Better Or For Worse, The Done Deal Lies In The Balance, Deli Yang
Compulsory Licensing: For Better Or For Worse, The Done Deal Lies In The Balance, Deli Yang
School of Business Faculty Research
Ever since compulsory licensing has emerged as a statutory obligation, it has been debated around the balance of interests between the general public and IP right holders. After opening two cases relevant and typical to the debate, this column clarifies compulsory licensing within the licensing contexts, and gives a brief account of its history. The focal point then centers on the main issues of compulsory licensing grants for national emergency, non-working, anti-competitive practice, non-commercial use and relevant international issues. In the end, some potential solutions are proposed.