Open Access. Powered by Scholars. Published by Universities.®

Business Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 32

Full-Text Articles in Business

Chinese Innovation And Global Integration- Theoretical Framework Of Perceived Insecurities In University Technology Transfer, Clovia Hamilton Oct 2018

Chinese Innovation And Global Integration- Theoretical Framework Of Perceived Insecurities In University Technology Transfer, Clovia Hamilton

Winthrop Faculty and Staff Publications

University technology transfer is growing in China and is vital to China’s innovation and intellectual property program. This paper provides a literature review used to create a theoretical framework for explaining conflicts between university technology transfer participants. Economic development and business competitiveness relies on innovation and intellectual property generation. Given increased investments in university research and Chinese universities, it is important to be aware of conflicts between university technology transfer office staff and faculty within academic exchanges. University technology transfer is growing in China and is vital to China’s innovation and intellectual property program. Conflicts between university technology transfer participants …


Black Americans Past And Present Created Frugal Innovations And Embraced Circular Economy Principles: The Marketing Dilemma, Clovia Hamilton Oct 2018

Black Americans Past And Present Created Frugal Innovations And Embraced Circular Economy Principles: The Marketing Dilemma, Clovia Hamilton

Winthrop Faculty and Staff Publications

Frugal innovation is the practice whereby the rich learns from innovations developed in poor countries, and there is purportedly a current rivalry between India and China in the frugal innovation arena. This research advocates that the concept of frugal innovation did not originate in Asia or India. The practice of the rich taking the poor’s innovations is not new. In particular, Black American slaves and freed slaves developed a number of inventions in poverty conditions. It is imperative that frugal innovation research be more historically accurate so as to reduce the marginalization of contributions developed by poor innovators and to …


Limits On Chinese Graduate Student Visas May Protect Us Intellectual Property But Drive Away Talent, Jack Marr Jun 2018

Limits On Chinese Graduate Student Visas May Protect Us Intellectual Property But Drive Away Talent, Jack Marr

International Business Program

Some Chinese students studying STEM-related fields may not be staying in the U.S. as long as they’d planned. The Trump administration announced on May 29 that it may limit some graduate students’ visas to one year.


Domestic Asset Tracing And Recovery Of Hidden Assets And The Spoils Of Financial Crime, Nathan Wadlinger, Carl Pacini, Nicole Stowell, William Hopwood, Debra Sinclair Jun 2018

Domestic Asset Tracing And Recovery Of Hidden Assets And The Spoils Of Financial Crime, Nathan Wadlinger, Carl Pacini, Nicole Stowell, William Hopwood, Debra Sinclair

St. Mary's Law Journal

Abstract forthcoming


"Anticipating Risk" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"Anticipating Risk" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.


"Beyond The New Economy: The Other Technology Revolution" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"Beyond The New Economy: The Other Technology Revolution" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. While the book refers to the Internet as perhaps the most significant technological change in the 21st century, computer technology, microbiology, and many other fields have undergone similar explosions in innovation.


"Avoiding The Unintended Franchise" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"Avoiding The Unintended Franchise" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. The FTC Franchise Rule is not the only law regulating franchise relationships. Many states also have versions of disclosure laws or laws requiring fair dealing. The states with fair dealing regulations enforce state-based legal obligations on the franchisor that cannot be modified by the contractual terms. The intersection of federal law with the array of state regulations make the issuance of a franchise complex. A company should not …


"Business Models Of The Digital Economy" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"Business Models Of The Digital Economy" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.


"Critical Elements For The Information Enterprise" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"Critical Elements For The Information Enterprise" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. Information, like any other type of property, has value to the extent that it meets the standards of relevance to the recipient. Relevance may be based in part on exclusivity, but it is also based on the reliability, resilience, and security of the information. Particularly when the information is data rather than entertainment content, these features will determine the success or failure of the enterprise. Without all three …


"Becoming A Franchisor" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"Becoming A Franchisor" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. Although the approach to franchising is generally to protect the naïve new business owner from being overwhelmed by the obligations of a new business, there are considerable benefits to owning and operating a franchise as well. It is a very common, popular, and profitable method for building a national or even global brand.


"Design Thinking As A Process To Find Relevance" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"Design Thinking As A Process To Find Relevance" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.


"Documenting The Limited Liability Company" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"Documenting The Limited Liability Company" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. For most small businesses, the LLC provides the best choice in terms of limiting liability, providing partnership-like tax benefits, and allowing for management provisions that are narrowly tailored to the objectives of the participants. Subchapter S corporations have the same potential tax structure as the LLC and allow for the shareholders to also be managers, but the corporate laws in most states have many provisions and requirements that …


"Disruptive Innovation And Tsunami Stressors" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"Disruptive Innovation And Tsunami Stressors" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.


"Exclusivity In Retail: Brand Stores And Exclusive Offers" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"Exclusivity In Retail: Brand Stores And Exclusive Offers" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.


"Exclusivity In Manufacturing And Service" In The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"Exclusivity In Manufacturing And Service" In The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. Manufacturing is the most common realm for process innovation and efficiency goals. Patents allow manufacturers to maintain extended exclusivity in their products. Trade secrets protect the methods of creating the products and the inside know-how on the best way to get the job done. Copyright is useful to protect the text of the manuals, brochures, and other printed materials, diagrams, and tools that assist with the products. Finally, …


"Exclusivity In Retail: The Restaurant Business" In The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"Exclusivity In Retail: The Restaurant Business" In The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. Since the restaurant business is a highly competitive sector with high risks, a large failure rate, and a product difficult to customize, it seems appropriate that restaurants provide the leading examples in how best to apply trademarks, copyrights, trade secrets, and publicity rights to create relevance and exclusivity as a way to gain market share and financial success.


"Exclusivity In The New Economy: Internet Businesses" In The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"Exclusivity In The New Economy: Internet Businesses" In The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.


"Exclusivity In The New Economy: Software Strategies" In The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"Exclusivity In The New Economy: Software Strategies" In The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.


"Paying For Exclusivity: Financing And Business Structuring" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"Paying For Exclusivity: Financing And Business Structuring" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.


"Identifying The Entrepreneur’S Goal For The Business" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"Identifying The Entrepreneur’S Goal For The Business" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. An important decision to the development of a start-up business is the purpose for launching that business in the life of the entrepreneur. The purpose will, in turn, strongly influence decisions about where to raise money to start the venture and how to organize the ownership. This short exploration of the psychology behind the entrepreneur’s motivation should help predict which decisions will most likely help the business goals.


"Franchising Basics For Franchisees" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"Franchising Basics For Franchisees" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. A franchise is a license or agreement to use the existing business model provided by a company, including its trademarks, recipes and other know-how, its patented products, and processes, in exchange for agreeing to pay the company for the license and to adhere to a set of rules or guidelines on how the business is expected to operate. The company selling the franchise license is the franchisor and …


"Proper Uses Of The Business Plan" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"Proper Uses Of The Business Plan" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. A useful business plan provides a blueprint for the operations, direction, and growth of a business. It explains the needs for funding, anticipates the cash flow operations of the business, highlights strategic partnerships, and serves as a proof-of-concept for key partners. The credibility of the business plan will help investors, founders, suppliers, lenders, and other key partners be able to assess the thoughtfulness and planfulness that has gone …


"The Key Business Plan Provisions" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"The Key Business Plan Provisions" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.


"Reflecting Value In Intangibles: Proving The Worth Of Intellectual Property" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"Reflecting Value In Intangibles: Proving The Worth Of Intellectual Property" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. One of the more challenging aspects of developing a company based on intellectual property assets is the challenge in valuing those assets for the purpose of both lenders and investors. As a general matter, the intellectual property assets created by a company are not reflected as having value on the company’s books. As the WIPO primer on intellectual property for small business explains, “[t]he practice of extending loans …


"Social Entrepreneurship, Public Benefit, And The Exclusivity Through Purpose" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"Social Entrepreneurship, Public Benefit, And The Exclusivity Through Purpose" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. In the United States there has been the development of a relatively new category of for-profit enterprise that focuses on a public good that occurs directly as a consequence of the company’s operation. Unlike a tax exempt, nonprofit charity which can have no shareholders, the public benefit corporation allows for shareholders and profits, but it also allows management great flexibility in transferring the profits of the enterprise to …


"The Opportunity For Relevance—Creating Innovation And Relieving Stressors" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"The Opportunity For Relevance—Creating Innovation And Relieving Stressors" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.


"The Small Differences And Large Similarities To The Old Sales Paradigm" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"The Small Differences And Large Similarities To The Old Sales Paradigm" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.


"Understanding The Franchise Agreement" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"Understanding The Franchise Agreement" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.


Antitrust And The Design Of Production, Herbert J. Hovenkamp Jan 2018

Antitrust And The Design Of Production, Herbert J. Hovenkamp

All Faculty Scholarship

Both economics and antitrust policy have traditionally distinguished “production” from “distribution.” The former is concerned with how products are designed and built, the latter with how they are placed into the hands of consumers. Nothing in the language of the antitrust laws suggests much concern with production as such. Although courts do not view it that way, even per se unlawful naked price fixing among rivals is a restraint on distribution rather than production. Naked price fixing assumes a product that has already been designed and built, and the important cartel decision is what should be each firm’s output, or …


Critical Race Ip, Anjali Vats, Deidre A. Keller Jan 2018

Critical Race Ip, Anjali Vats, Deidre A. Keller

Articles

In this Article, written on the heels of Race IP 2017, a conference we co-organized with Amit Basole and Jessica Silbey, we propose and articulate a theoretical framework for an interdisciplinary movement that we call Critical Race Intellectual Property (Critical Race IP). Specifically, we argue that given trends toward maximalist intellectual property policy, it is now more important than ever to study the racial investments and implications of the laws of copyright, trademark, patent, right of publicity, trade secret, and unfair competition in a manner that draws upon Critical Race Theory (CRT). Situating our argument in a historical context, we …