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Articles 1 - 7 of 7
Full-Text Articles in Intellectual Property Law
The Impact Of Introducing An Additional Copyright Fee For Sharing Third Party Content Online, Roya Ghafele
The Impact Of Introducing An Additional Copyright Fee For Sharing Third Party Content Online, Roya Ghafele
Roya Ghafele
During the course of 2014 the Court of Justice of the European Union (CJEU) will decide whether the embedding of third party content is subject to a fee or not. Against this background I run a case study, where I estimate the impact of such a license fee on the disposable income of citizens of the European Union. I furthermore expand the analysis to approximate also the existing institutional capacity within the E.U. to capture such a novel revenue stream. The average European aged 16-75+ would have to give up 4.2 % of her net income. By the same token …
The Transaction Cost Benefits Of Electronic Patent Licensing Platforms: A Discussion At The Example Of The Patentbooks Model, Roya Ghafele, Benjamin Gibert
The Transaction Cost Benefits Of Electronic Patent Licensing Platforms: A Discussion At The Example Of The Patentbooks Model, Roya Ghafele, Benjamin Gibert
Roya Ghafele
Current mechanisms to compensate inventors and improve legal access to their inventions remain ineffective. Manufacturers encounter significant transaction costs in the process of licensing the multitude of patent rights implicated in their products. High-technology product manufacturing requires access to a diverse pool of technologies that are owned by different organizations all over the world. The transaction costs of licensing these disparate rights are inhibiting unlicensed manufacturers in emerging economies from entering important markets and simultaneously limiting the revenue patent owners can generate from non-exclusive licenses. As communications technologies improve, innovative licensing mechanisms are emerging that can help firms avoid many …
Trademarks As Fictitious Commodities: An Erosion Of The Public Interest? An Assessment Of The Use Of Trademarks Over Urban Space At The Example Of London’S Regent Street And Paris’ Champs-Elysées, Roya Ghafele, Samantha Vanderslott
Trademarks As Fictitious Commodities: An Erosion Of The Public Interest? An Assessment Of The Use Of Trademarks Over Urban Space At The Example Of London’S Regent Street And Paris’ Champs-Elysées, Roya Ghafele, Samantha Vanderslott
Roya Ghafele
With reference to Karl Polyani’s notion of fictitious commodities we evaluate whether the protection of two worldwide known streets, namely ‘Regent Street’ in London and the ‘Champs- Elysées’ in Paris may be perceived as an erosion of the public interest and thus call for potential policy reformulation or reforms to substantive trademark law. The reasons for this choice are twofold: Firstly, the existing body of literature offers an in-depth discussion on the complex dynamics between the public interest and patents and copyrights, yet relatively little has been said so far on the correlation of the public interest and trademarks. Secondly, …
Intellectual Property Related Development Aid: Is Supply Aligned With Demand?, Roya Ghafele, Jakob Engel
Intellectual Property Related Development Aid: Is Supply Aligned With Demand?, Roya Ghafele, Jakob Engel
Roya Ghafele
We assessed to what extent developed country development aid programmes are likely to have interacted with, and potentially contributed to the promotion of country-appropriate sustainable changes in IP strategies and technological capacities over the period 2005-10. This was done primarily on the basis of an imputed impact assessments of four emerging and transition economies; namely Brazil, India, Poland and Thailand. Through an analysis of various measures of the domestic economic, technological and Intellectual Property context, we studied to what extent the supply of IP-related development aid provided between 2005 and 2010 responded to the likely needs of recipient countries. While …
Die Institutionalisierung Von Wissensbeständen In Österreich. Die Diskrepanz Zwischen Wirtschaftlicher Realität Und Politik (The Institutionalization Of Knowledge In Austria: Coming To Grips Between Economic Reality & Policy), Roya Ghafele
Roya Ghafele
The University Act 2002 redefines ownership structures over intellectual property in Austria, thus paving the way for enhanced knowledge transfer and knowledge commercialization from public research institutions. This study discusses the various featers of the different models of generating and leveraging knowledge. It does so, by explaining the characteristics of technology markets and assesses the strengths and weaknesses of proprietary versus open knowledge generation from a perspective of new institutional economics. Particular emphasis is being put on the preservation of the public interest, deemed particularly important in the context of publicly funded research. The paper concludes by offering a rough …
Accounting For Intellectual Property?, Roya Ghafele
Accounting For Intellectual Property?, Roya Ghafele
Roya Ghafele
Accounting constitutes a very specific form of language, which is highly standardized, mathematical in nature and seeks to uniformly and systematically describe events while avoiding expressions of individual creativity or explicit political positions. In this sense, accounting is a social, cultural and historical artefact rather than a natural or technical phenomenon and can therefore be viewed as the decisive instrument to create and maintain imagined business communities. On the balance sheet, IP experiences a specific form of authorization. It is represented in the discourse of accounting by ‘intangibles’, an imprecise term associated with the increasingly observed ‘gap between the market …
Public Sector Intellectual Property Management In Life Sciences: Reconciling Practice And Policy, Antony Taubman, Roya Ghafele
Public Sector Intellectual Property Management In Life Sciences: Reconciling Practice And Policy, Antony Taubman, Roya Ghafele
Roya Ghafele
This chapter reviews the options for effective public sector management of intellectual property (IP) in the life sciences, focusing on the need for a judicious, pragmatic choice of options along two axes: (1) deployment of exclusive rights over technology and (2) use of market mechanisms to bring a new technology to the public. The essence of public sector IP management is finding the right settings along these two axes that will deliver tangible outcomes in line with defined public-interest objectives. Experience shows that ex ante assumptions about how to gain optimal leverage from exclusive rights, and the appropriate degree of …