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Intellectual Property Policies for the Twenty‐First Century

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... The acquisition of rms and/or intellectual property may sti e competition or be defensive maneuvers to protect a competitive advantage. These issues are subjects considered by lawmakers, regulators, and policy makers (Arai, 2000;West, 2005). These strategies may explain the signi cant number of dormant patents and technologies (Arai, 2000;Weier, 2007). ...
... These issues are subjects considered by lawmakers, regulators, and policy makers (Arai, 2000;West, 2005). These strategies may explain the signi cant number of dormant patents and technologies (Arai, 2000;Weier, 2007). There is now a major international effort to stimulate the sale or donation of dormant technologies and to create markets for resale or licensing (Arai, 2000;Reamer et al, 2003;Wilkins, 2002). ...
... These strategies may explain the signi cant number of dormant patents and technologies (Arai, 2000;Weier, 2007). There is now a major international effort to stimulate the sale or donation of dormant technologies and to create markets for resale or licensing (Arai, 2000;Reamer et al, 2003;Wilkins, 2002). ...
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This paper has demonstrated that the intentional Value Creation process presented by Lepak, Taylor & Smith (2007) can be enhanced by adding connections between the Value Creation Process of Lepak, Taylor & Smith (2007) and the Creativity Process of Amabile et al (1996) within a corporation, and that those two internal processes also have a relationship with the external entrepreneurial processes modeled by Krueger-Brazeal (1994) and Bhave (1994). Furthermore, all of these constructs can be related to the massive amount of dormant technology available in corporations, R&D labs, government research centers, universities, and foundations/nonprofit research centers. The relationship between each model assist in capturing the essence of Shane and Venkataraman (2000) whose article laid out a design for Entrepreneurship as a unique field of research. When the aforementioned models are included in one holistic model, the internal and external entrepreneurial processes are shown to have the same or nearly identical features.
... The norm is a combination of internal procedures and external hiring. Arai (2000) shows models used by different Japanese companies, which range from adopting the complete internalization of the patent ad ministration up to the hiring of international patent offices. Hanel (2006) and Caviggioli and Ughetto (2013), among many authors, deal with intellectual property management in companies, but Arai (2000) in a document published by WIPO presents a solid study comparing the approach to the patent issue between Japanese companies and those from other coun tries. ...
... Arai (2000) shows models used by different Japanese companies, which range from adopting the complete internalization of the patent ad ministration up to the hiring of international patent offices. Hanel (2006) and Caviggioli and Ughetto (2013), among many authors, deal with intellectual property management in companies, but Arai (2000) in a document published by WIPO presents a solid study comparing the approach to the patent issue between Japanese companies and those from other coun tries. He concluded that the corporate strategy for patents in the 21st century should cover four bases: management, technology, international and legal. ...
... It is possible that strong trust relationships minimize the risks in domestic markets, but the international battlefield is different, because patents are often the only protection avail able. The more a company is active internationally, the more it will find similar rivals, with similar products and patents, and it will find frictions in the patents, as well as counterfeits (Teece, 1986;Arai, 2000). ...
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This paper compares the procedures of local Brazilian companies (those which have plants in Brazil only) with those of international Brazilian companies (which have plants in at least two countries) regarding the patent management. Although there are a lot more variables to consider when examining the issue of patents in companies, this study presents and analyzes the results of a qualitative research on the decision to patent innovations, the choice of countries where to patent and the strategic significance of patents to the company.
... Experience over the years shows that technological development would not progress in an environment in which people were free to copy every promising ideas, and if there were no major advantages in being the first person to put an idea forward. Arai (1999) noted that it is only when one is secure in the knowledge that his/her idea will be recognized as the person's alone, for a set period of years, that he/she can truly devote himself/herself to the creative process. This had been long realised, and history has shown that this system, which guarantees such recognition, encourages the emergence of new ideas, one after the other. ...
... To enable the institutions cross organisational boundaries, they are manned by professionals, who have dual or even more cultural identities (Cabral, 1998 et al, 1998). In recognition of the importance of these offices and their attendant expenses, the Law Promoting Technology Transfer from Universities to Industry, which empowered Japanese government to fund the offices, was also enacted in Japan (Arai, 1999 Intellectual Property Rights and Patents in Nigeria (Salami, 2002). A report of WIPO (WIPO, Best Practices, NOTAP) indicated that NOTAP assisted 15 small-and medium-sized enterprises/local inventors to patent their inventions between 1999 and 2002. ...
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This paper presents the result of a study on the urge and willingness of Nigerian researchers to patent their inventions. The study focused on Pharmaceutical studies, Food Science and Technology, and Metallurgy and Materials Science in universities. The study revealed that the Nigerian government was the major financier of research activities of the researchers, some of who had generated some inventions/research breakthroughs. The study found that about 95% of the researchers were willing to patent their inventions, but about 10% of them had applied for patents. Researchers in pharmaceutical studies were most active in patenting of inventions, followed by those in Food Science and Technology, and least in Metallurgy and Materials Studies. Busy schedules of the researchers, ignorance of procedure of obtaining patents for inventions, waiting time for the grant of patent, and government sponsorship of the researches that generated the inventions, discouraged the researchers from patenting the inventions. The researchers had poor knowledge of patents and did not consult patent documents in the course of their research activities. The study concluded that inadequate information on patent matters, lack of institutional infrastructure and unfavourable patent ownership structure led to the poor patenting culture among Nigerian researchers. To address the problems, it is recommended that adequate patent education should be mounted in Nigerian institutions. Technology brokerage organisations should also be established in the institutions, while the government is urged to offer part-ownership of patents to researchers and the institutions/institutes, where they are generated.
... CoE.15 was relatively typical among locally-owned PRCs, in that the IP strategy was based largely on achieving speed to market. Patents were not seen as providing a huge commercial advantage, but were seen as a potential asset from an investor's point of view (Coriat and Orsi, 2002; Arai, 1999). The company's IP strategy was described as: " partly being driven by our investors who would like more of an IP portfolio… ...
... Given the increasing importance of IPR (Hanel, 2006; Coriat and Orsi, 2002; Arai, 1999 and Allen, 2003) it was encouraging to find that all PRCs had clear and well defined IP ownership policies where IP created by the PRC was owned by the sponsoring organisation, thus protecting the organisations' investment in R&D and avoiding unnecessary legal disputes. In addition, many centres, including all of those based in universities, actively encouraged the creation and protection of IP by providing incentives or patent awards and staff training on IP issues. ...
Article
Recent thinking on open innovation and the knowledge-based economy have stressed the importance of external knowledge sources in stimulating innovation. Policy-makers have recognised this, establishing publicly funded Centres of R&D Excellence with the objective of stimulating industry–science links and localised innovation spillovers. Here, we examine the contrasting IP management practices of a group of 18 university- and company-based R&D centres supported by the same regional programme. Our analysis covers all but one of the Centres supported by the programme and suggests marked contrasts between the IP strategies of the university-based and company-based centres. This suggests the potential for very different types of knowledge spillovers from publicly funded R&D centres based in different types of organisations, and a range of alternative policy approaches to the future funding of R&D centres depending on policy-makers’ objectives.
... The office would among other things, collate the inventions/research findings of the institution, process their patenting and negotiate their licensing. In recognition of the importance of these offices and their attendant expenses, the Law Promoting Technology Transfer from Universities to Industry, which empowered Japanese government to fund the offices, was enacted in Japan (Arai, 1999). At national levels, some intermediate organisations that are involved in matters relating to patenting and licensing of research results have been established. ...
... Since the offices are expensive to establish and operate, it would be essential for Nigerian government to offer grants to the universities and research institutes to establish and run Industrial Liaison Offices. Japanese government did the same for their universities (Arai, 1999). These offices should among other things, collate the inventions/research findings, process their patenting, negotiate their licensing, and be responsible for the general management of the patents that are generated in their parent organisations. ...
... However, his argument is built on the assumption that patents are commodities, which is not necessarily true in the modern sense of the word-commodities are interchangeable and sold without qualitative differentiation, which is clearly not the case for patents. Finally, Arai (2000) used patent brokers as evidence of a burgeoning US market for patents: "The 500 or so patent brokers in the United States now have a decade of experience, and the United States is gradually developing a regular market in patents." Arai views the prevalence of brokers as evidence of the market's existence. ...
Article
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The rise of the knowledge economy has ushered in important changes to the economic landscape. One such change is the emergence of a market for intellectual property (IP), and more specifically a market in patents. New corporate IP strategies are driving the development of this IP market; specialized patent intermediaries, located predominantly in Silicon Valley, are facilitating its growth. Given the relevance of this phenomenon for economic geography, this article seeks to map this emerging market and illustrate its drivers, restrainers and implications. Despite its infancy, the patent market is drawing comparisons to the market for financial derivatives. It has the potential to change the economic landscape in a way that permanently alters corporate and regional competitive dynamics.
... The patent system is traditionally viewed as a tool for promoting economic goals [22]. It is understood to work by encouraging the advancement of new industries, research and development, or innovation. ...
Chapter
Intellectual property laws and regulations provide incentives for the production and distribution of new knowledge by establishing a mechanism for the creator of that knowledge to obtain compensation for the use of protected works. Patents are the most prevalent form of intellectual property right (IPR) sought for biotechnological innovation. This article provides an overview of intellectual property rights available for biotechnological innovation and regulations governing those rights. Keywords: intellectual property laws; patents; biotechnological innovation; intellectual property right (IPR)
... Patent infringement represents another common type of transgression. Typically, those who infringe, if caught, end up paying what they would have paid had they originally negotiated a license, so there is little incentive in the system to encourage compliance (Arai 2000). ...
Article
Concerns of intellectual property infringement in China slow the dissemination of clean technology (Cleantech) innovation that could help bring the pace of global warming under control. We use the U.S. post-World War 2 policy decisions with respect to Japan and Europe (the Marshall Plan) to show how this problem can be addressed. To help Japan become a western-style democracy and stem the tide of communism, the U.S. transferred much of its extant intellectual property to Japan with a promise to open US markets to Japanese goods. The United States did not require Japan to open its markets to U.S. goods. As a result, Japan became a staunch U.S. political ally in Asia, but also a serious economic competitor to the United States. While the Marshall Plan deployed different resources, the political outcomes were similar to Japan: Western Europe was a bulwark against communism. As global warming has become a major strategic issue, we argue that a comparable IPR initiative is required for China. This is not just a matter of doing the right thing as members of global commons, but is also matter of national security. We propose that by facilitating and managing the flow and sharing of U.S., EU, and Japanese Cleantech intellectual property with China through a Cleantech Marshall Plana positive strategic relationship may be built while helping to bring global warming under control.
... Just 1 of the 13 was focused on technology pioneering, and the others were focused on value pioneering. In Japan, a technology powerhouse, only 33% of all patents are actually being used (Hisamitsu, 1999). Research has shown that more than 95% of patents are unlicensed and 97% generate no royalties (Landes and Posner, 2003). ...
Article
a b s t r a c t Higher growth is a key goal of companies, governments, and societies. Economic policies often attempt to attain this goal by targeting companies of certain sizes that operate in specific industries and focus on a specific business activity. This approach to policy making has considerable shortcomings and seems to be less than fully effective in increasing economic growth. We suggest a new approach to policy making that stems directly from the entrepreneurial perspective. This approach examines a successful business strategy framework – the Blue Ocean Strategy – to discover conditions for high growth. We test the propositions on empirical data for two cases of successful high-growth business, namely Slovenian gazelles and Amazon.com. The results reveal a gap between the macro level of economic policy making to achieve higher growth and the micro level of business growth. The findings call for a change in the focus of economic policies on specific size companies, industries, and business activities to intraindus-try cooperation, collaboration between companies of different sizes, value innovation, and creation of uncontested markets.
... The regulation takes into account that the authorisation process for a drug consumes much of the protection term of a patented drug. The protection term starts pursuant to article 63(1) EPC with the filing of the patent application, and no sooner can the pharmaceutical 291 , p.13. 292 Arai (1999) company initiate the authorisation process which regularly exceeds the date when the patent is granted. But without the authorisation the company cannot exploit its patented drug. ...
... Programming initiatives were driven by the genuine belief that an IP regime modeled on the leading systems of Europe, North America, and Japan was invariably beneficial for global economic development and should be emulated by developing countries. 6 Ironically, the successful push for a stronger international IP regime has helped raise awareness of its potentially adverse consequences. Boyle noted that the resulting one-size-fits-all, extra large, global IP paradigm has been widely criticized. ...
... Intellectual property is a term referring to a number of distinct types of creations of the mind for which property rights are recognised--and the corresponding fields of law [2].Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. Ayn Rand noted that copyrights and patents are the legal implementation of the base of all property rights: a man's right to the product of his mind. ...
Article
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Innovational development of regions in Russia is generally faced with the essential influence from federal and local authorities. The organization of effective mechanism of innovation development (and self-development) is impossible without establishment of defined institutional conditions in the analyzed field. Creative utilization of scientific concepts and information should merge, giving rise to continuing innovation and advanced production. The paper presents an analysis of institutional conditions in the field of creation and development of innovation activity infrastructure and transferring of knowledge and skills between different economic agents in Russia. Knowledge is mainly privately owned, developed through R&D investments and incorporated into technology or a product. Innovation infrastructure is a strong concentration mechanism of advanced facilities, which are mainly located inside large agglomerations or city-regions in order to benefit from scale effects in both input markets (human capital, private financial capital) and output markets (higher education services, research services). The empirical results of the paper show that in the presence of more efficient innovation and knowledge transfer and transcoding system and of a more open attitude of economic agents towards innovation, the innovation and knowledge capacity of regional economy is much higher.
... The ESIDET questionnaire fails to capture the use of other IP protection mechanisms, in particular forms better suited to services, such as trademarks or copyrights. The use of patents is relevant, considering the increasing patentability of some forms of services (Arai 2000), and our inclusion of manufacturing firms. In recognition to the importance of public funds that supplement a firm's investment in innovation, notably R&D, a dummy variable accounts for the use of any form of public funds from a list of 11 publicly funded programs as provided in INEGI (2010). ...
Article
Barriers to innovation are heterogeneous, of financial and non-financial nature. The importance of barriers to innovation and their actual influence on innovation depend on firms’ characteristics such as sectoral affiliation, technological behavior and their response to perceived obstacles to innovation. Firms either continue to engage in innovation, or they avoid the activity altogether. This paper explored the nature and perceived importance of the obstacles to innovation that firms confront, in a developing-country context; we build on survey data about firms in Mexico. Our findings suggest that two kinds of policy interventions should help offset a firm’s perception of barriers to innovation. On the one hand, policies should enhance the innovation capacity of firms interested in innovation; on the other hand, policies need to tackle factors that reduce the interest of firms in innovation. Policies that boost demand for locally generated innovations would assist in achieving both these goals.
... Keywords: Pharmaceutical; Patent; Infringement; Health Intellectual property is a legal concept which refers to creations of the mind for which exclusive rights are recognized. Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets (musical, literary, and artistic works), discoveries & inventions; and design & symbols [1]. The patent protection is the cornerstone of a health and dynamic research environment on any country. ...
Article
Patents are considered to be enticements for innovation and thereby expected to benefit humanity by making available to the society. Pharmaceutical patents cover products that take a very long time to develop and the patent life is actually closer to 11 or 12 years since federal law requires a company to test its product for safety and efficacy and secure regulatory approval before marketing. Developing countries experience shows that such incentives focus on the market demand rather than the need of the society. This is more obvious in the health related innovation. Therefore, a strong IP protections safeguard should be held against counterfeit, illegitimate and fake pharmaceutical products.
... Just one of the 13 was focused on technology pioneering, and the others were focused on value pioneering. In Japan, a technology powerhouse, only 33% of all patents are actually being used (Hisamitsu, 1999). Research has shown that more than 95% of patents are unlicensed and 97% generate no royalties (Landes & Posner, 2003). ...
Article
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Blue Ocean Strategy (BOS) has attracted a resurgence of interest following various market discontinuities, including digital disruption, the growth of the sharing economy and the development of ecosystems. BOS is a combination of value innovation and new markets, driving sustained higher performance through specific marketing activities, but it is difficult to conceive and implement. We outline five cases that use various transition paths to BOS through white spaces - with product extensions in the existing market. An important part of this transition are ‘blue ocean droplets’ which drive profitable growth through the transition and then onto a successful deployment of a blue ocean strategy. Blue ocean droplets drive profitable growth - simultaneously increasing volume sales, maintaining/increasing prices and maintaining/decreasing costs. We then use an inductive qualitative approach in a multi-team gaming simulation to examine drivers of firm performance. Higher than average performance is driven by repositioning in white spaces and execution of the three blue ocean droplets. Finally, we discuss implications for firms: execute a number of real options to follow one of several transition paths to a full BOS. This approach involves less downside risk than a full BOS approach, but can still be sustainably profitable, while also breaking the traditional value/cost trade-off.
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O estudo tem por objetivo apresentar o funcionamento dos diferentes tipos de acordo Patent Prosecution Higway (PPH), sem julgamento de mérito. METODOLOGIA: foram estudados os acordos assinados pelos principais Escritórios de Patente (PTO), bem como feita uma revisão bibliográfica sobre o assunto. PRINCIPAIS RESULTADOS: O PPH aproveita a sinergia entre o work-sharing e do exame antecipado. A ideia central é que o PTO que faça o exame primeiro forneça os dados do exame para que os demais utilizem como subsídio. O requerente é estimulado a participar do work-sharing “em troca” do benefício do exame antecipado: se ele restringir suas reivindicações à matéria considerada patenteável no primeiro PTO, ele poderá antecipar o exame nos demais PTOs. CONCLUSÃO: Há vantagens e desvantagens para os PTOs, para os usuários do sistema de Propriedade Intelectual e para a sociedade. Cada país deve avaliar os prós e contras antes de assinar o acordo.
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There is no question that the Summer Olympics in Beijing pose a tremendous marketing opportunity. They also pose a great opportunity for the development of effective techniques for enforcing intellectual property rights. China has already enacted special regulations governing the protection of Olympic symbols and has established special regulations governing the enforcement of those regulations. Yet many of the cultural and political issues that impact China’s enforcement activities in other arenas (including counterfeiting and piracy of IP protected goods and services) remain problematic. Furthermore, while the Olympic symbols may be the subject of heightened protection, cultural perceptions of the differences between commercial marks and Olympic symbols may make any appreciable “improvement” in IPR protection evanescent. The opportunity, however, for increased dialogue and training should not be lost. In the glow of gold medal competitions, IP owners who follow a rational approach may well find that the benefits of their efforts last long after the closing ceremonies in Beijing.
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Current processes of international intellectual property harmonization threaten to exacerbate further the divisions between developed and developing countries, the so-called “North-South divide,” by continuing to marginalize the participation of developing and non-industrialized countries. Such marginalization severely reduces the opportunity for “democratic” participation in the IPR harmonization process. This marginalization calls into question the validity of any so-called international standards by raising the specter of "undemocratic" coercion. Ultimately such coercion can only led to an international standard which is ineffective as countries forced to accept an unwanted bargain find ways to avoid the obligations of such coercive agreements. This Article examines current processes of international IPR harmonization to determine the extent to which such processes contribute to the North-South division, and suggests methods for reducing such divisions. Using the lens of present day economic globalization through which to examine the IPR harmonization process, it employs the processes and trends of economic globalization as a predictive and analytical tool to assist in forecasting potential problems in harmonization processes and to suggest solutions designed to make such processes more "democratic," and ultimately, more effective.
Technical Report
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Die vorliegende Studie analysiert die Bedeutung immaterieller Vermögenswerte für Österreich. Mittels eines umfangreichen Methoden-Mix wurden volkswirtschaftliche und betriebswirtschaftliche Aspekte betrachtet und spezifische Fragestellungen untersucht. Immaterielle Vermögenswerte sind im Wesentlichen intangibles Kapital einer Volkswirtschaft. Österreich liegt mit einem Anteil von rund 6% des BIP im europäischen Mittelfeld. In den letzten Jahren ist dabei ein Aufholprozess gegenüber einigen wichtigen Vergleichsländern zu erkennen. Investitionen in immaterielle Kapitalgüter spielen vor allem in der Sachgütererzeugung und den unternehmensbezogenen Dienstleistungen eine wichtige Rolle. Eine besonders wichtige Komponente der immateriellen Investitionsgüter ist die F&E durch private und öffentliche Institutionen, eine zentrale Grundlage für Innovationen. Beim privaten Sektor in Österreich beträgt der Anteil des F&E-Kapitalstocks an den gesamten, immateriellen Vermögenswerten ca. 40%. Hier hat Österreich überdurchschnittlich investiert (insbesondere bis 2008) und nur einen unterdurchschnittlichen Rückgang in der Krise verzeichnet. Die Analyse der volkswirtschaftlichen Kennzahlen in dieser Studie zeigt, dass heutzutage immaterielle Vermögenswerte einen entscheidenden Anteil am Wachstum und der Steigerung der Produktivität besitzen, nicht nur in Österreich. Immaterielle Vermögenswerte liefern einen bedeutenden Wachstumsbeitrag zur Arbeitsproduktivität. Zwischen 0,2% (Italien) und 0,9% (USA) trugen sie im Durchschnitt zwischen 1995 und 2007 zum Wachstum bei. Österreich liegt mit 0,5% im Mittelfeld. In diesem Zeitraum haben immaterielle Investitionen die Produktivität stärker erhöht als materielle. Die Investitionen in F&E erklären den großen Teil des Produktivitätseffekts. Die Verwissenschaftlichung der Industrie im internationalen Wettbewerb bedingt, dass österreichische Unternehmen und die gesamte Volkswirtschaft verstärkt in immaterielle Vermögenswerte (insbesondere in F&E) investieren, welches oft in technischen Schutzrechten (IPRs) mündet. Allgemein zeigt eine Schätzung in dieser Studie, dass durch die Erhöhung der Innovationsausgaben am Gesamtumsatz in Höhe von 1% der Anteil des Umsatzes mit Produktinnovationen am Gesamtumsatz um 0,3% steigt.
Article
Our research on patent filing in Japan identified major determinants of the time between application filing and the lodging of an examination request, and considered the influence of two factors on requests: patent value indices, as well as patent filing and innovation strategies. Our sample covered patent applications of 214 listed Japanese electrical and electronics manufacturers during 1988–2001. The empirical results show that, in the early 1990s, large firms and those with high R&D intensity and patent propensity tended to delay requests; in the late 1990s, their requests accelerated, with those for applications likely to be granted being lodged earlier. Meanwhile, such patent value indices as degree of originality, number of self-citations and external citations had a positive correlation to early examination requests for most periods covered in the sample; joint application and generality showed mixed effects; and such time-varying factors as competitive filings produced diverse results.
Chapter
Intellectual property laws are concerned with the legal regulation of mental products, and they facilitate the cooperation of industry and academia. However, training of Engineering and Science students in these areas is rather neglected worldwide. Therefore, an appropriate course on Intellectual Property (IP) Rights for graduating Biomedical Engineering students has been developed and is being offered in our Department since 2003. The developed course approaches intellectual property as a regulatory system, balancing incentives to foster human creativity, while at the same time is seeking not to unduly restrict its diffusion. It focuses mainly on Biomedical Science and Technology issues, and it attempts to combine practice-directed material with public policy concerns. The course lasts a semester, and addresses all relevant aspects of IP such as, the origin and the historical development of Intellectual Property protection, Trade Secrets, Trademark Rights of Publicity and Moral Rights, Copyright, Patent International Protection, Licensing, Royalties, etc. Special care is taken in training on Biomedical Technology Equipment classification, information retrieval out of patent documents, and their in research projects, by the employment of the specialized Internet based search-engines. Finally, ethical and social issues, concerning Intellectual property in Biomedical Sciences are systematically taken into account. The response to the course was positive, and about 30 students are being trained every academic semester.
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