World Intellectual Property Organization
Recent publications
The issues on applicable law in cases of infringement of the exclusive rights on the Internet are usually considered through the traditional approach, while the specifics of the Internet as a decentralized and cross-border network are not taken into account. This fact urges to critically rethink and update existing approaches on the applicable law. The subject of the study is the peculiarities of the law applicable to establishing the fact of infringement and the law applicable to the choice for remedies.The author analyzes acts of various levels (including the Berne Convention, legislation of the European Union, the Russian Federation, Switzerland, the People’s Republic of China, soft law initiatives) and concludes that soft law initiatives contain proposals for more detailed regulation, but due to their nature they are not binding on the law enforcer. It is necessary to define the conditions which the choice of the country for which a person claims protection should correspond to. Thus, the plaintiff should choose the country where the resulting harm for that person is more significant. What is also important is to provide the parties with the opportunity to choose applicable law for remedies after the dispute occurs that will increase legal certainty of legal relations.
Companies use trademarks to protect their brands from outright imitation or competition by confusingly similar brands. However, publication of trademark applications by the trademark office discloses strategic information about a firm's future products and planned market entry. This creates a trade‐off between legal protection for new brands and inadvertent information disclosure. We analyze the trade‐off through the lens of “submarine trademarks” in the United States—submarine trademarks are trademarks whose publication and hence disclosure to the public are strategically delayed. We provide the first systematic evidence of submarine trademarks and explore their effectiveness in reducing the disclosure of information, their determinants, and their blocking effect on third‐party trademark filings. We also provide evidence on the effect of trademark disclosure on third‐party trademark filings.
This article studies the economic role of grand rights in the incentives to stage and reuse works from the opera canon. It complements previous research on the incentives to create new opera in the way it looks at copyright taxing availability and follow-on creativity around works. Based on a unique dataset of global opera performances, we find that changes in copyright status increase the number of total performances individual works receive on stage once copyright expires. Moreover, we provide preliminary evidence on chilling, long-term effects of status around premiering operas, and revivals at the beginning of the copyright term. Based on these findings, we discuss limitations of the study and novel options for copyright policy frameworks.
We study the impact of outward greenfield foreign direct investment (OGFDI) expansion of multinational enterprises (MNEs) on their innovation activity, proxied by the internal generation of patents. By combining three databases: Orbis by Bureau van Dijk, FDIMarkets by Financial Times, and PATSTAT by The European Patent Office, we obtain a sample of more than 20,000 firms for the period 2008–2015. The MNE firms originate in 175 countries, which span the entire spectrum of economic development- from low to high-income countries. The industrial distribution of the firms covers 72 industries at the 2-digit ISIC level. We construct a model, which allows us to analyze the impact of OGFDI capital investment, as well as OGFDI-created employment, on the number of patents of the companies engaging in the GFDI. We control for various firm characteristics, such as performance measures and size of the corporate group. We also control for the country of origin of the firms, stratifying the sample into emerging market MNEs and developed countries MNEs. We use linear estimation techniques to analyze the relationship between the variables and test how the results change across industries with different patent intensities. We find that both capital investment and jobs created through OGFDI boost the innovation activity of MNEs, and these effects are bigger for industries with higher patent intensities, such as the production of chemicals, computers, and motor vehicles. For sectors that rely less on patents (oil and electricity sectors) the impact of GFDI on patenting activity is smaller and for the case of building constructions, we even find a negative impact of investments on innovation. We further find that the effects are larger for EMNEs than DMNEs and discuss appropriate policies.
Limited access to assistive technology (AT) is a well-recognized global challenge. Emerging technologies have potential to develop new assistive products and bridge some of the gaps in access to AT. However, limited analyses exist on the potential of these technologies in the AT field. This paper describes a study that aimed to provide an overview of emerging technological developments and their potential for the AT field. It involved conducting a gray literature review and patent analysis to create an overview of the emerging enabling technologies that may foster the development of new AT products and services and identify emerging AT applications. The analysis identified seven enabling technologies that are relevant to the AT field. These are artificial intelligence, emerging human-computer interfaces, sensor technology, robotics, advances in connectivity and computing, additive manufacturing and new materials. Whilst there are over 3.7 million patents related to these enabling technologies, only a fraction of them – 11,000 patents were identified in the analysis specifically related to AT (0.3%). The paper presents some of the promising examples. Overall, the results indicate that there is an enormous potential for new AT solutions that capitalize on emerging technological advances.
Purpose: The paper is concerned with the analysis of the issues of the legal regulation of creative industries. The research is aimed at identifying the main features and promising directions for the development of the legal and regulatory framework for the creative industries in the context of digitalization. Design/methodology/approach: Empirical methods of comparison, description, and interpretation, as well as theoretical methods of formal and dialectical logic have been used in this research. Specific scientific methods have also been used: legal dogmatic method and legal interpretation method. Findings: The process of commercialization of intellectual rights and the introduction of exclusive rights to the results of intellectual activity is regarded as a phenomenon which is inextricably connected with the development of the information society and calls for the transformation of provisions of intellectual property law. Originality/value: The authors of the paper have drawn conclusions about the role of copyright in the modern economy, explored the development of the processes of commercialization of copyright in a digital environment and the introduction of exclusive rights into the economic turnover. Research has made it possible to draw conclusions about the prospects of development of the legal and regulatory framework for the creative industries and of their importance for the development of copyright protection in the information society. It has been concluded that indicators such as added value, employment, and development of foreign trade make it possible to determine the contribution of copyright to the economic development of any country.
Novelty is a core value in science, and a reliable measurement of novelty is crucial. This study proposes a new approach of measuring the novelty of scientific articles based on both citation data and text data. The proposed approach considers an article to be novel if it cites a combination of semantically distant references. To this end, we first assign a word embedding –a vector representation of each vocabulary–to each cited reference on the basis of text information included in the reference. With these vectors, a distance between every pair of references is computed. Finally, the novelty of a focal document is evaluated by summarizing the distances between all references. The approach draws on limited text information (the titles of references) and publicly shared library for word embeddings, which minimizes the requirement of data access and computational cost. We share the code, with which one can compute the novelty score of a document of interest only by having the focal document’s reference list. We validate the proposed measure through three exercises. First, we confirm that word embeddings can be used to quantify semantic distances between documents by comparing with an established bibliometric distance measure. Second, we confirm the criterion-related validity of the proposed novelty measure with self-reported novelty scores collected from a questionnaire survey. Finally, as novelty is known to be correlated with future citation impact, we confirm that the proposed measure can predict future citation.
This paper provides a succinct history of how multilateral dialogue on intellectual property (IP) enforcement developed since the Agreement on Trade‐related Aspects of Intellectual Property Rights (TRIPS Agreement) came into effect in 1995. The early years of multilateral IP enforcement dialogue were politically volatile and turbulent; while some states strove for a further increased level of international IP enforcement, others requested to extend the transitional period to implement the minimum standards under the TRIPS Agreement. With the adoption of the WIPO Development Agenda in 2007, however, this situation started to change, and international dialogue shifted from a merely punitive conception of IP enforcement to the more holistic concept of building respect for IP. To understand the trajectory of this evolution, this article describes several IP enforcement initiatives that were undertaken somewhat contemporaneously at different international organizations, but which ultimately did not secure consensus. From this point, this paper elaborates on the concept of building respect for IP, examining its origins, its development at WIPO and the profound impact it has had on multilateral dialogue on IP enforcement, demonstrating how a development‐oriented shift in international IP policy has triggered a multilateral transformation in a more balanced, inclusive light.
Social innovations addressing social, economic and environmental challenges are increasingly recognised as crucial drivers of social changes and today represent an important target for innovation and related policies on national and international levels, including the UN Sustainable Development Goals. However, the concept of social innovation remains vague. This paper builds a conceptual framework from an economic perspective: The main criterion for identifying a social innovation concerns the way the benefits generated by an innovation are distributed between the (private or public) innovator and society. We close the paper by an extensive discussion of the conceptual boundaries, the research agenda and the policy implications we can derive based on the framework.
Wide differences in per capita incomes persist across and within different world regions, and economic research has argued that patterns of technology diffusion go a long way in explaining these differences. Yet, looking back at the past 40 years, it is also the case that a number of East Asian economies were able to achieve remarkable industrial development, and today host companies that compete at the world’s technology frontier. A natural question to ask is what role public policies played in spurring successful industrialization. This question seems especially pertinent in relation to technology, given the many market failures associated with knowledge acquisition and knowledge diffusion. A large number of theories have emerged and empirical investigations carried out in search for an answer. In this chapter, we scrutinize the resulting economic literature to provide a perspective on the role of intellectual property in the industrial development process. We do so in the following way. We first contrast the industrial development experience of East Asia to that of Latin America and summarize the explanations economists have offered to account for them (Sect. 2). We then turn to intellectual property and explore the evolution of both IP policies and IP use in the two regions (Sect. 3), before reviewing and critically assessing the empirical literature that has attempted to establish causality between intellectual property and industrial development (Sect. 4). Against this background, we ponder on how policymakers should approach the development of their IP framework as part of broader industrial policy objectives (Sect. 5).
The phenomenon of global fragmented production and associated trade in intermediate products, including intangible assets, has changed how economists study globalization and how new public policies are shaped. Understanding cross-border flows of disembodied knowledge, often associated with intellectual property (IP), is essential for analyzing how modern economies operate. Available data to document these international IP-related knowledge flows—namely cross-border payments for IP—are distorted by various factors. Tax planning by multinational enterprises has seriously distorted the measurement of cross-border IP flows, affecting national measurements of imports, exports, GDP, and productivity. The tax-induced mismeasurement could be more than 35% of global charges for use of intellectual property, and greater for individual countries, particularly high-tax-rate countries. International initiatives to address the effects of tax base erosion, profit shifting, and other statistical initiatives on global value chains will improve future measurements of cross-border IP flows, improving the understanding of both the creation and uses of IP. Keywords Global value chainIntellectual propertyIntangible assetsTaxBase erosionProfit shiftingCross-border flowsCharges for the use of intellectual property
The scientific and technological revolution that occurred in the 20th century led to the emergence of new types of objects of intellectual property rights, while creating the need for their legal regulation. The nature of a complex object of copyright as the most popular and attractive one from an economic and commercial point of view is investigated in the article. The author pays special attention to the study of the order of disposal of a complex object of copyright, the legal structure of which determines the specifics of legal regulation in the sphere of disposing of rights to complex objects. The article contains an analysis of the special mode of creation, use and disposal of various independent objects created to achieve one goal. It is concluded that the absence in the legislation of a clear and structured (by analogy with other agreements relating to the creation and disposal of rights to the results of intellectual activity) regulation of an agreement between co-authors will make such a regime for creating complex objects unattractive from a commercial point of view (due to greater risks arising from the legal uncertainty of this regime). This will significantly reduce the interest of creative thought to independently organized projects and eventually will affect the economic sphere.
We explore the phenomenon of “trademark squatting” – a situation in which someone other than the original brand owner obtains a trademark on a brand. For this purpose, we develop a model that examines the effect of squatting on brand owners’ trademark filing behavior and create an algorithm that identifies squatters empirically in the Chilean trademark register. Our empirical analysis shows that squatting is a systematic and frequent phenomenon and, as predicted by our theory, brand owners that have been exposed to squatting file more trademarks in a broader range of classes after being squatted.
This paper aims to evaluate the strategies of Brazilian manufacturing firms in their use of intellectual property (IP) and its impact on their export performance. Although the correlation between exports and innovative activities is already consolidated in the existing literature, this study contributes by analyzing the extent to which export performance of innovative firms is related to their different IP-related appropriation strategies. In order to determine this, we analyzed the export behaviour of innovative industrial firms, aiming to identify the relevance of each IP appropriation instrument, including invention patents, utility models, industrial designs and trademarks. The paper presents an overview of previous findings about innovation, technological appropriability and export performance. It also discusses the relationship between innovation and exports in Brazil, showing that innovative Brazilian firms tend to export more than non-innovative ones, which corroborates the main literature findings. Using cross-section and panel data, the impact of technological appropriability on export performance of Brazilian innovative firms is evaluated.
In this paper, we present LireSolr, an open source image retrieval server, build on top of the LIRE library and the Apache Solr search server. With LireSolr, visual information retrieval can be run on a server, which allows better distribution of workloads and simplifies applications in several areas including mobile and web. Furthermore, we showcase several example scenarios how LireSolr can be used to point out the broad range of possibilities and applications. The system is easy to install and setup, and the large number of retrieval tools either provided by LIRE or by other Apache Solr is made easily available on the search server. Moreover, our tool demonstrates how predictions from CNNs can easily be used to extend the visual information retrieval functionality.
The geography of duplicated inventions: evidence from patent citations. Regional Studies. Innovators often claim inventions that turn out to duplicate, at least in part, existing ones. This paper advances the claim that for recent and upcoming inventions, competitive incentives are high, and localized knowledge flows increase the probability of duplication. Therefore, over a brief period of time the probability of duplication is higher at short geographical distance. Conversely, the duplication of less recent inventions is more likely at long distance as a consequence of a lower awareness of the existence of a technology. This claim is supported by coherent descriptive and multivariate evidence using data on patent citation categories from the European Patent Office (EPO).
Many key terminology databases are managed by national and international organizations. However, the methodology behind the development of such databases has rarely been discussed. This paper presents the terminology database of the Patent Cooperation Treaty (PCT) of the World Intellectual Property Organization (WIPO), the scientific and technical patent terminology database in ten languages available for browse online in WIPO Pearl. The article discusses in detail the design and structure of the PCT Termbase with reference to ISO standards. Divergences are explained in light of specific aspects of the workflow and the text type under consideration — patents. Thus, traditional problematic areas of terminography are addressed from a practical perspective, e.g. identifying concepts and terms; attributing a concept to a specific subject field in a multidisciplinary database; multilingual equivalence; quality control in terminology management; building domain ontologies from/in terminology databases. A comprehensive understanding of the PCT Termbase is thereby provided.
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Alex Cuntz
  • Creative Economy Section
Gabriele Pellegrino
  • Economic and Statistics division
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  • Economics and Statistics Division
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  • Economics and Statistics Division
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