The viability of exponentially growing non-fungible token(NFT)market is evaluated by identifying potential value-generating mechanisms that can be rationalized.After identifying the value-generating mechanisms underly...The viability of exponentially growing non-fungible token(NFT)market is evaluated by identifying potential value-generating mechanisms that can be rationalized.After identifying the value-generating mechanisms underlying the positive values of NFTs,this study establishes a pricing model for NFTs that follows a continuous-time financial framework.As NFTs are claimed to securitize“ownership rights short of use”,and as such they may potentially serve as a substitute for the need to rely replace the reliance on the legal protection provided by intellectual property rights(IPRs).Considering this issue,this study evaluates the likelihood that NFTs will replace existing mechanisms that protect producers’rightful claim to use their assets or the need to apply the legal code that governs IPRs.The financial condition for this potential shift is derived for a category of assets whose use or consumption does not reduce supply as the notion of scarcity does not apply.展开更多
There is a long-standing conflict between intellectual property rights and public freedom of information.The continuous development of the“anti-circumvention clause”has caused the conflict to intensify.As a basic hu...There is a long-standing conflict between intellectual property rights and public freedom of information.The continuous development of the“anti-circumvention clause”has caused the conflict to intensify.As a basic human right,freedom of information is being gradually eroded by the expansion of intellectual property rights.The existing research mainly carries on the right balance from the negative protection path,but the positive protection path is more advantageous to realizing the public freedom of information and alleviates the conflict between the two kinds of rights.In practice,there are some problems in the application of the anti-circumvention clause,such as the legality of the aim,the division of the protected part,and the determination of the circumvention.This is mainly due to the lack of restrictions on technical measures,the failure to distinguish between“copyright protection”and“contact control”,and the offside and absence of administrative bodies in practice.We should protect public freedom of information by distinguishing the two measures of copyright protection and contact control and the two torts of access and use,increasing the restrictive conditions for the use of technical protection measures,and changing the functions of administrative supervision agencies.展开更多
Using the methods of field survey and literature collection,this paper firstly introduces the intellectual property resources of the Wuling Mountain Area in Hubei Province from folk literature and arts,traditional kno...Using the methods of field survey and literature collection,this paper firstly introduces the intellectual property resources of the Wuling Mountain Area in Hubei Province from folk literature and arts,traditional knowledge,biological genetic resources,new plant varieties,patents,geographical indications,and trademarks.Then,it analyzes the main problems in the protection and inheritance,innovation and development of intellectual property rights(IPRs).In addition,it discusses the strategy of inheritance,innovation and high-quality development of this ethnic area in the context of the strategy of strengthening the country with intellectual property rights and the strategy of rural revitalization.Finally,it comes up with recommendations including carrying forward and inheriting folk literature and art,protecting traditional knowledge of traditional craftsmanship,inheriting and innovating to develop traditional Chinese medicine and ethnic medicine,improving the protection and use of geographical indications,and strengthening the IPR protection.展开更多
This paper analyzes the factors that affect Intellectual Property Right(IPR) development by leveraging the way of system engineering.With scale and relationship as the objects of study,this paper explores the relation...This paper analyzes the factors that affect Intellectual Property Right(IPR) development by leveraging the way of system engineering.With scale and relationship as the objects of study,this paper explores the relationships among different factors by way of modeling,summarizes the superficial,shallow and deep reasons at different layers that affect enterprise intellectual property rights,and makes clear the correlation among all factors.展开更多
For the purpose of summarising the judicial experiencein adjudicating IP-related cases and familarising the readersin China and overseas with the practical situation of
This article focuses on the current situation in technical research and development （R＆D） and proprietary intellectual property rights （IPRs） in China. Based on the situation of Far East Cable Company, it analyze...This article focuses on the current situation in technical research and development （R＆D） and proprietary intellectual property rights （IPRs） in China. Based on the situation of Far East Cable Company, it analyzes the significance of strengthening the protection of proprietary IPRs and implementing a strategy for technology standards and then discusses the actual work and future arrangement of proprietary IPRs and technology standard strategies. It points out that the enhancement of proprietary IPRs protection and implementation of technology standard strategies is the only way for enterprises to remain competitive.展开更多
Ms. Chen Zhili, a State Councilor,expressed on the Glooal Forum on Intellectual Property Rights Protection and Innovation that a plan on the preparation of China's strategy on intellectual property rights woul... Ms. Chen Zhili, a State Councilor,expressed on the Glooal Forum on Intellectual Property Rights Protection and Innovation that a plan on the preparation of China's strategy on intellectual property rights would be issued and put into implcmentation this year, in an effort to jointly create a harmonious environment in which dialogue instead of confrontation will prevail.. At the forum, Mr.……展开更多
Rape is the third largest oil crop in the world and the first one in China.The national average rapeseed yield is only 2077.5 kg/hm^(2),and the rapeseed oil yield is 894 kg/hm^(2).This paper introduced the main types,...Rape is the third largest oil crop in the world and the first one in China.The national average rapeseed yield is only 2077.5 kg/hm^(2),and the rapeseed oil yield is 894 kg/hm^(2).This paper introduced the main types,germplasm resources,breeding bases and breeding progress of Chinese rape,and studied its high-quality varieties,breeding patents and new varieties of agricultural plants.We analyzed the main problems such as serious loss of germplasm resources in Brassica campestris L.and Brassica juncea(L.)Czern.et Coss and weak"agricultural chip"in rape field,and put forward strategies such as strengthening the protection of rape germplasm resources,encouraging the development of"agricultural chip"in rape industry clusters with national advantages and characteristics,and strengthening the protection of agricultural intellectual property rights.展开更多
Only by developing woody edible oilseeds industry can we ensure the safety of the important industrial chain and supply chain of vegetable edible oil in China.There are 13 kinds of woody edible oil plants in Hubei,inc...Only by developing woody edible oilseeds industry can we ensure the safety of the important industrial chain and supply chain of vegetable edible oil in China.There are 13 kinds of woody edible oil plants in Hubei,including Camellia oleifera Abel(oil tea),Juglans regia L.(walnut),Olea europaea L.(olive)and Paeonia suffruticosa(oil peony).This paper studies the main industries of woody edible oilseeds in Hubei Province and their intellectual property resources,and analyzes the main problems in their intellectual property protection,inheritance,innovation and development.Finally,it proposes some strategies,including carrying forward the traditional knowledge related to woody edible oilseeds,innovating the"agricultural chip",creating key counties of national woody edible oil seeds,and developing industrial clusters with national advantages and characteristics.展开更多
Among the multifarious systems of civil law rights, intellectual property rights （IPR） score relatively high in terms of scientific and technological content and knowledge factors. It is generally accepted that copy...Among the multifarious systems of civil law rights, intellectual property rights （IPR） score relatively high in terms of scientific and technological content and knowledge factors. It is generally accepted that copyright occurs in the realm of cultural creation, and is closely related to cultural innovation and the culture industry; patent rights arise in the field of technical applications, and are closely allied with technical innovation and the technology industry; and trademarks function in the area of business operations and involve a number of issues such as product sales and market trading. In the knowledge-based economy, the implementation of an IPR system can have a profound impact on a country＇s economic development, technological progress, and cultural and educational prosperity. And in the context of economic globalization, IPR protection also involves international politics and trade as well as cultural and technological exchanges and cooperation between countries.It is therefore both important and necessary for us to explore the attributes of IPR from the perspective of civil law, and to examine the functions of IPR from the multiple perspectives of human rights theories, economics, management and policy science. This helps us reveal the basic meaning of intellectual property rights from different disciplinary perspectives, and to maintain problem orientation and methodological openness in IPR research.展开更多
The mission of legal philosophy and philosophical hermeneutics has always been to comprehend the nature of intellectual property rights and the intellectual property rights system for the purpose of improving them. Th...The mission of legal philosophy and philosophical hermeneutics has always been to comprehend the nature of intellectual property rights and the intellectual property rights system for the purpose of improving them. The difficulty of this task lies in the limitations in legal thinking resulting from the division of labor in the legal profession. A clear perception of the nature of intellectual property rights and the intellectual property rights system can only be obtained when we transcend intellectual property rights law. If we adopt the thinking of legal philosophy and the logic of dialectics to analyze the intellectual property rights system and explore the differing nature of institutional structures and their interrelationships, we can show that the intellectual property rights system is essentially an institutional arrangement involving balancing different considerations and implying a high level of political intellect. Only when intellectual property rights legislation possesses this kind of wisdom will people voluntarily abide by its rules in their life and work.展开更多
Intellectual property rights securitization(IPRS) is a fundamental approach to monetizing intellectual property rights to resolve financing difficulties for scientific and technological enterprises. It is also a neces...Intellectual property rights securitization(IPRS) is a fundamental approach to monetizing intellectual property rights to resolve financing difficulties for scientific and technological enterprises. It is also a necessary way to realize the value of intellectual property rights. Existing researches in China only introduce foreign IPRS models but rarely discusses reasons behind the IPRS successes and lessons drawn from its failures. There are also rare IPRS policy researches and recommendations for IPRS development in China. This article cards the IPRS policies in China first, and then conducts a comparison research of intellectual property rights owners, obligees, originators, credit rating agencies, issuing scale, and so on as main information and data from the IPRS cases at home and abroad. Furthermore, this article constructs a three-dimensional policy model of “subject-element-process” and identifies the main problems from the laws and policies, operational models, valuation methods, investment objectives, tax and service rates,etc. of the IPRS. The results indicate that the model we construct is suitable for the Chinese market in that it describes the objectives and processes of IPRS as well as specific activities and capital flows. In the end, this article puts forward five policy recommendations for China’s IPRS development. The first is to add the intellectual property rights future implementation cash flow as the IPRS object. The second is to improve the existing evaluation methods. The third is to combine SPT and SPE models, establish in-house intellectual property rights service teams of security companies, set up government risk fund pools to lead IPRS, and reduce the investment threshold. The fourth is to explore the equity-debt convertible IPRS products and the intellectual property rights auction mechanism to make up for the losses of IPRS failure.The fifth is to formulate IPRS tax preferential policies, and lower the local government subsidy proportion for loan interests, service fee and loss compensation for IPRS.展开更多
The Netac Technology Co., Ltd brought suit against Beijing Huaqi Information Digital Technology Co., Ltd for infringing Netac＇s patent. This case was the preclude to the intellectual property rights （IPR） war of th...The Netac Technology Co., Ltd brought suit against Beijing Huaqi Information Digital Technology Co., Ltd for infringing Netac＇s patent. This case was the preclude to the intellectual property rights （IPR） war of the internal enterprises. The process of this case was followed with great interest because it would influence the development of the hundreds of Mobile Storage enterprises in China. This paper is based on the brief review of the details of the case, the authors analyze the main legal issues covered by this case from the two aspects of the substantive and the procedural law, and reach the conclusions that the IPR strategy has gradually become the key to the IT enterprises in their intense market competition and that the concerned laws and regulations in China should be rectified and improved accordingly.展开更多
Xianning City of Hubei Province is one of the five major traditional osmanthus producing areas in the world and the hometown of osmanthus in China. Xianning is constructing China Osmanthus City in the whole city. This...Xianning City of Hubei Province is one of the five major traditional osmanthus producing areas in the world and the hometown of osmanthus in China. Xianning is constructing China Osmanthus City in the whole city. This paper first introduces the main characteristics of the osmanthus industry in Xianning City, and analyzes the characteristics of traditional knowledge, biological genetic resources, new plant varieties, patents, geographical indications, and trademarks. Then, it studies the intellectual property resources of the osmanthus industry, and analyzes the main problems existing in the construction of China Osmanthus City and intellectual property right protection. Finally, it comes up with constructive recommendations including applying for China and Globally Important Agricultural Heritage Systems, developing colored-leaf osmanthus varieties, creating a regional public brand of osmanthus specialty products, and building a new development pattern of osmanthus industry.展开更多
This paper focuses on the independent design and construction of HYSY981. HYSY981,which China National Offshore Oil Corporation(CNOOC) possesses its intellectual property right,is brought forward by advanced research,...This paper focuses on the independent design and construction of HYSY981. HYSY981,which China National Offshore Oil Corporation(CNOOC) possesses its intellectual property right,is brought forward by advanced research,concept design and combined basic design. The key technologies are the researches concerning global design,system integration,platform positioning,global performance analysis,structural strength and fatigue analysis,environment effect assessment of South China Sea,basin test and tunnel test,and construction technology of platform. Core technology of design and construction for the 6th deep water semi-submersible rig is held. Independent detail design and construction are also accomplished. These have improved technology of key equipment for China offshore oil exploitation.展开更多
This study examined Japanese patents in terms of the quantitative characteristics of application documents that resulted in the acquisition of rights in order to clarify the relationship between the features and paten...This study examined Japanese patents in terms of the quantitative characteristics of application documents that resulted in the acquisition of rights in order to clarify the relationship between the features and patentability of applications. The groups of approved applications and those that had not been approved were compared for 12 variables： publication time lag; numbers of inventors, classifications, pages, figures, tables, claims, priority claims, countries for priority claims, cited patents, and cited non-patent documents; and median of citation age. Furthermore, the authors carried out the experiments in which patent applications were automatically classified into two groups by the machine learning method, random forests. As a result, statistically significant differences between the two groups were observed for the following variables （p 〈 .001）： the numbers of inventors, pages, figures, claims, priority claims, and countries for priority claims were significantly larger in the group of approved applications, while the time lag until publication was smaller. In particular, the publication time lag and the numbers of inventors, pages, and figures were variables representing the features that largely contribute to discriminating approved applications in the classification using random forests, which implies that these have relatively strong relationships with patentability.展开更多
Intellectual property rights(IPR)management needs to evolve in a digital world where not only companies but also many independent content creators contribute to our culture with their art,music,and videos.In this resp...Intellectual property rights(IPR)management needs to evolve in a digital world where not only companies but also many independent content creators contribute to our culture with their art,music,and videos.In this respect,blockchain has recently emerged as a promising infrastructure,providing a trustworthy and immutable environment through the use of smart contracts,which may enable more agile management of digital rights and streamline royalty payments.However,no widespread consensus has been reached on the ability of this technology to adequately manage and transfer IPR.This paper presents an innovative approach to digital rights management developed within the scope of an international research endeavour co-financed by the European Commission named MediaVerse.The approach proposes the combined usage of smart legal contracts and blockchain smart contracts to take care of the legally binding contractual aspects of IPR and,at the same time,the need for notarization,rights transfer,and royalty payments.The work being conducted represents a contribution to advancing the current literature on IPR management that may lead to an improved and fairer monetization process for content creators as a means of individual empowerment.展开更多
This study aims to investigate the main factors driving technological innovation within firms in the manufacturing and service sectors of the Czech Republic.We apply a binary logistic regression model to cross-section...This study aims to investigate the main factors driving technological innovation within firms in the manufacturing and service sectors of the Czech Republic.We apply a binary logistic regression model to cross-sectional data from 502 firms,obtained from the World Bank Enterprise Survey.The results of our empirical investigation show that certain elements of the business environment,such as the tax rate,serve as significant obstacles to firms’product innovations.The results also confirm that international technological linkagesdmeasured by international quality certificates and foreign technology licensesdaffect technological innovations.Moreover,we found that internal R&D activities positively impact technological innovation across all sectors;contrarily,we found that process innovation in the manufacturing sector is positively influenced by foreign technology licenses and business association membership.Process innovations in the service sector are positively correlated with external R&D and financing from banking institutions.Finally,business association membership does not positively influence technological innovation in the service sector.Our findings have salient implications for firm managers,policymakers,and scholars aiming to explore and improve innovation outcomes in transitional economies.展开更多
文摘The viability of exponentially growing non-fungible token(NFT)market is evaluated by identifying potential value-generating mechanisms that can be rationalized.After identifying the value-generating mechanisms underlying the positive values of NFTs,this study establishes a pricing model for NFTs that follows a continuous-time financial framework.As NFTs are claimed to securitize“ownership rights short of use”,and as such they may potentially serve as a substitute for the need to rely replace the reliance on the legal protection provided by intellectual property rights(IPRs).Considering this issue,this study evaluates the likelihood that NFTs will replace existing mechanisms that protect producers’rightful claim to use their assets or the need to apply the legal code that governs IPRs.The financial condition for this potential shift is derived for a category of assets whose use or consumption does not reduce supply as the notion of scarcity does not apply.
基金a phased result of the general project of the National Social Science Fund of China“Research on the Boundary and System Construction of Criminal Liability of Internet Service Providers”(Project No.18BFX104)。
文摘There is a long-standing conflict between intellectual property rights and public freedom of information.The continuous development of the“anti-circumvention clause”has caused the conflict to intensify.As a basic human right,freedom of information is being gradually eroded by the expansion of intellectual property rights.The existing research mainly carries on the right balance from the negative protection path,but the positive protection path is more advantageous to realizing the public freedom of information and alleviates the conflict between the two kinds of rights.In practice,there are some problems in the application of the anti-circumvention clause,such as the legality of the aim,the division of the protected part,and the determination of the circumvention.This is mainly due to the lack of restrictions on technical measures,the failure to distinguish between“copyright protection”and“contact control”,and the offside and absence of administrative bodies in practice.We should protect public freedom of information by distinguishing the two measures of copyright protection and contact control and the two torts of access and use,increasing the restrictive conditions for the use of technical protection measures,and changing the functions of administrative supervision agencies.
基金Supported by Foundation for Key Program of Hubei Province(LX201827)。
文摘Using the methods of field survey and literature collection,this paper firstly introduces the intellectual property resources of the Wuling Mountain Area in Hubei Province from folk literature and arts,traditional knowledge,biological genetic resources,new plant varieties,patents,geographical indications,and trademarks.Then,it analyzes the main problems in the protection and inheritance,innovation and development of intellectual property rights(IPRs).In addition,it discusses the strategy of inheritance,innovation and high-quality development of this ethnic area in the context of the strategy of strengthening the country with intellectual property rights and the strategy of rural revitalization.Finally,it comes up with recommendations including carrying forward and inheriting folk literature and art,protecting traditional knowledge of traditional craftsmanship,inheriting and innovating to develop traditional Chinese medicine and ethnic medicine,improving the protection and use of geographical indications,and strengthening the IPR protection.
文摘This paper analyzes the factors that affect Intellectual Property Right(IPR) development by leveraging the way of system engineering.With scale and relationship as the objects of study,this paper explores the relationships among different factors by way of modeling,summarizes the superficial,shallow and deep reasons at different layers that affect enterprise intellectual property rights,and makes clear the correlation among all factors.
文摘For the purpose of summarising the judicial experiencein adjudicating IP-related cases and familarising the readersin China and overseas with the practical situation of
文摘This article focuses on the current situation in technical research and development （R＆D） and proprietary intellectual property rights （IPRs） in China. Based on the situation of Far East Cable Company, it analyzes the significance of strengthening the protection of proprietary IPRs and implementing a strategy for technology standards and then discusses the actual work and future arrangement of proprietary IPRs and technology standard strategies. It points out that the enhancement of proprietary IPRs protection and implementation of technology standard strategies is the only way for enterprises to remain competitive.
文摘 Ms. Chen Zhili, a State Councilor,expressed on the Glooal Forum on Intellectual Property Rights Protection and Innovation that a plan on the preparation of China's strategy on intellectual property rights would be issued and put into implcmentation this year, in an effort to jointly create a harmonious environment in which dialogue instead of confrontation will prevail.. At the forum, Mr.……
基金Supported by Youth Program of National Social Science Foundation of China(22CMZ015)。
文摘Rape is the third largest oil crop in the world and the first one in China.The national average rapeseed yield is only 2077.5 kg/hm^(2),and the rapeseed oil yield is 894 kg/hm^(2).This paper introduced the main types,germplasm resources,breeding bases and breeding progress of Chinese rape,and studied its high-quality varieties,breeding patents and new varieties of agricultural plants.We analyzed the main problems such as serious loss of germplasm resources in Brassica campestris L.and Brassica juncea(L.)Czern.et Coss and weak"agricultural chip"in rape field,and put forward strategies such as strengthening the protection of rape germplasm resources,encouraging the development of"agricultural chip"in rape industry clusters with national advantages and characteristics,and strengthening the protection of agricultural intellectual property rights.
基金Supported by Special Soft Science Research Project for Hubei Province Science and Technology Innovation Talents and Services(2022EDA060).
文摘Only by developing woody edible oilseeds industry can we ensure the safety of the important industrial chain and supply chain of vegetable edible oil in China.There are 13 kinds of woody edible oil plants in Hubei,including Camellia oleifera Abel(oil tea),Juglans regia L.(walnut),Olea europaea L.(olive)and Paeonia suffruticosa(oil peony).This paper studies the main industries of woody edible oilseeds in Hubei Province and their intellectual property resources,and analyzes the main problems in their intellectual property protection,inheritance,innovation and development.Finally,it proposes some strategies,including carrying forward the traditional knowledge related to woody edible oilseeds,innovating the"agricultural chip",creating key counties of national woody edible oil seeds,and developing industrial clusters with national advantages and characteristics.
基金a phased achievement of the key research project "Research on the Implementation of an IPR Strategy under the Guidance of the Scientific Outlook on Development" (No.:07&ZD006)supported by the National Social Sciences Fund
文摘Among the multifarious systems of civil law rights, intellectual property rights （IPR） score relatively high in terms of scientific and technological content and knowledge factors. It is generally accepted that copyright occurs in the realm of cultural creation, and is closely related to cultural innovation and the culture industry; patent rights arise in the field of technical applications, and are closely allied with technical innovation and the technology industry; and trademarks function in the area of business operations and involve a number of issues such as product sales and market trading. In the knowledge-based economy, the implementation of an IPR system can have a profound impact on a country＇s economic development, technological progress, and cultural and educational prosperity. And in the context of economic globalization, IPR protection also involves international politics and trade as well as cultural and technological exchanges and cooperation between countries.It is therefore both important and necessary for us to explore the attributes of IPR from the perspective of civil law, and to examine the functions of IPR from the multiple perspectives of human rights theories, economics, management and policy science. This helps us reveal the basic meaning of intellectual property rights from different disciplinary perspectives, and to maintain problem orientation and methodological openness in IPR research.
基金a partial outcome of the research project "Research on Carrying out the Scientific Outlook on Development and Applying an Intellectual Property Strategy" (No.:08@zh003) sponsored by the National Social Sciences Fund
文摘The mission of legal philosophy and philosophical hermeneutics has always been to comprehend the nature of intellectual property rights and the intellectual property rights system for the purpose of improving them. The difficulty of this task lies in the limitations in legal thinking resulting from the division of labor in the legal profession. A clear perception of the nature of intellectual property rights and the intellectual property rights system can only be obtained when we transcend intellectual property rights law. If we adopt the thinking of legal philosophy and the logic of dialectics to analyze the intellectual property rights system and explore the differing nature of institutional structures and their interrelationships, we can show that the intellectual property rights system is essentially an institutional arrangement involving balancing different considerations and implying a high level of political intellect. Only when intellectual property rights legislation possesses this kind of wisdom will people voluntarily abide by its rules in their life and work.
基金supported by the STS Project of“Chinese Academy of Sciences Intellectual Property Research and Training”
文摘Intellectual property rights securitization(IPRS) is a fundamental approach to monetizing intellectual property rights to resolve financing difficulties for scientific and technological enterprises. It is also a necessary way to realize the value of intellectual property rights. Existing researches in China only introduce foreign IPRS models but rarely discusses reasons behind the IPRS successes and lessons drawn from its failures. There are also rare IPRS policy researches and recommendations for IPRS development in China. This article cards the IPRS policies in China first, and then conducts a comparison research of intellectual property rights owners, obligees, originators, credit rating agencies, issuing scale, and so on as main information and data from the IPRS cases at home and abroad. Furthermore, this article constructs a three-dimensional policy model of “subject-element-process” and identifies the main problems from the laws and policies, operational models, valuation methods, investment objectives, tax and service rates,etc. of the IPRS. The results indicate that the model we construct is suitable for the Chinese market in that it describes the objectives and processes of IPRS as well as specific activities and capital flows. In the end, this article puts forward five policy recommendations for China’s IPRS development. The first is to add the intellectual property rights future implementation cash flow as the IPRS object. The second is to improve the existing evaluation methods. The third is to combine SPT and SPE models, establish in-house intellectual property rights service teams of security companies, set up government risk fund pools to lead IPRS, and reduce the investment threshold. The fourth is to explore the equity-debt convertible IPRS products and the intellectual property rights auction mechanism to make up for the losses of IPRS failure.The fifth is to formulate IPRS tax preferential policies, and lower the local government subsidy proportion for loan interests, service fee and loss compensation for IPRS.
文摘The Netac Technology Co., Ltd brought suit against Beijing Huaqi Information Digital Technology Co., Ltd for infringing Netac＇s patent. This case was the preclude to the intellectual property rights （IPR） war of the internal enterprises. The process of this case was followed with great interest because it would influence the development of the hundreds of Mobile Storage enterprises in China. This paper is based on the brief review of the details of the case, the authors analyze the main legal issues covered by this case from the two aspects of the substantive and the procedural law, and reach the conclusions that the IPR strategy has gradually become the key to the IT enterprises in their intense market competition and that the concerned laws and regulations in China should be rectified and improved accordingly.
基金Supported by Special Soft Science Research Project for Hubei Province Science and Technology Innovation Talents and Services (2022EDA060)。
文摘Xianning City of Hubei Province is one of the five major traditional osmanthus producing areas in the world and the hometown of osmanthus in China. Xianning is constructing China Osmanthus City in the whole city. This paper first introduces the main characteristics of the osmanthus industry in Xianning City, and analyzes the characteristics of traditional knowledge, biological genetic resources, new plant varieties, patents, geographical indications, and trademarks. Then, it studies the intellectual property resources of the osmanthus industry, and analyzes the main problems existing in the construction of China Osmanthus City and intellectual property right protection. Finally, it comes up with constructive recommendations including applying for China and Globally Important Agricultural Heritage Systems, developing colored-leaf osmanthus varieties, creating a regional public brand of osmanthus specialty products, and building a new development pattern of osmanthus industry.
基金National "863"Program "The study of 3000m depth water semi-submersible drilling rig key technology"( No.2006AA09A103)
文摘This paper focuses on the independent design and construction of HYSY981. HYSY981,which China National Offshore Oil Corporation(CNOOC) possesses its intellectual property right,is brought forward by advanced research,concept design and combined basic design. The key technologies are the researches concerning global design,system integration,platform positioning,global performance analysis,structural strength and fatigue analysis,environment effect assessment of South China Sea,basin test and tunnel test,and construction technology of platform. Core technology of design and construction for the 6th deep water semi-submersible rig is held. Independent detail design and construction are also accomplished. These have improved technology of key equipment for China offshore oil exploitation.
文摘This study examined Japanese patents in terms of the quantitative characteristics of application documents that resulted in the acquisition of rights in order to clarify the relationship between the features and patentability of applications. The groups of approved applications and those that had not been approved were compared for 12 variables： publication time lag; numbers of inventors, classifications, pages, figures, tables, claims, priority claims, countries for priority claims, cited patents, and cited non-patent documents; and median of citation age. Furthermore, the authors carried out the experiments in which patent applications were automatically classified into two groups by the machine learning method, random forests. As a result, statistically significant differences between the two groups were observed for the following variables （p 〈 .001）： the numbers of inventors, pages, figures, claims, priority claims, and countries for priority claims were significantly larger in the group of approved applications, while the time lag until publication was smaller. In particular, the publication time lag and the numbers of inventors, pages, and figures were variables representing the features that largely contribute to discriminating approved applications in the classification using random forests, which implies that these have relatively strong relationships with patentability.
基金partially funded by the European Commission as part of the MediaVerse project(Horizon 2020 Framework Programme of the European Union under GA number 957252).
文摘Intellectual property rights(IPR)management needs to evolve in a digital world where not only companies but also many independent content creators contribute to our culture with their art,music,and videos.In this respect,blockchain has recently emerged as a promising infrastructure,providing a trustworthy and immutable environment through the use of smart contracts,which may enable more agile management of digital rights and streamline royalty payments.However,no widespread consensus has been reached on the ability of this technology to adequately manage and transfer IPR.This paper presents an innovative approach to digital rights management developed within the scope of an international research endeavour co-financed by the European Commission named MediaVerse.The approach proposes the combined usage of smart legal contracts and blockchain smart contracts to take care of the legally binding contractual aspects of IPR and,at the same time,the need for notarization,rights transfer,and royalty payments.The work being conducted represents a contribution to advancing the current literature on IPR management that may lead to an improved and fairer monetization process for content creators as a means of individual empowerment.
文摘This study aims to investigate the main factors driving technological innovation within firms in the manufacturing and service sectors of the Czech Republic.We apply a binary logistic regression model to cross-sectional data from 502 firms,obtained from the World Bank Enterprise Survey.The results of our empirical investigation show that certain elements of the business environment,such as the tax rate,serve as significant obstacles to firms’product innovations.The results also confirm that international technological linkagesdmeasured by international quality certificates and foreign technology licensesdaffect technological innovations.Moreover,we found that internal R&D activities positively impact technological innovation across all sectors;contrarily,we found that process innovation in the manufacturing sector is positively influenced by foreign technology licenses and business association membership.Process innovations in the service sector are positively correlated with external R&D and financing from banking institutions.Finally,business association membership does not positively influence technological innovation in the service sector.Our findings have salient implications for firm managers,policymakers,and scholars aiming to explore and improve innovation outcomes in transitional economies.
