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Intellectual Property Rights - Science topic

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If someone is granted with utility model can he/she claim it to be granted a Patent?
Is it legally acceptable?
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It would depend on the jurisdiction because patents are national rights as are utility models. Many countries don't have utility models and there are some which have what are called "petty patents" which are like utility models. I am only qualified to advise on UK law (and it would be a criminal offense under the UK Patent Act to mark a product so as to claim to have a UK patent if you didn't have a UK patent), but the rule of thumb for every jurisdiction must be to act honestly and reasonably. So if you have a German Utility Model then say you have a German Utility Model, if you have an Indian Patent Application, then claim you have an Indian Patent Application, etc etc
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Dear scholars,
I am working on developing a public health intervention plan which could be a pilot project to test its effectiveness, efficacy, and feasibility. I do not have any funding or any implementing agency. Just as a researcher I would like to publish the idea with a view to-
1) spreading the idea globally
2) confirming my intellectual property right on that concept.
In, this case, I would humbly request to have your kind guidance on it.
Thanks in advance.
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اول شي البدء بفكرة ثم من بعد تنظيم وطرح خطة قم البحث في المجلات العلمية المتعلقة بالصحة لتطوير وبلورة الفكرة الى مشروع مقترح
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As an old-generation researcher, a teacher educator and a university teacher for two decades, I have the following endless frustrations and uncertainties.
Many old-generations of top-rank professors and reputable academic giants [not me] have high-quality research publications (e.g. books, monographs, unpublished keynote speech papers and high-rank international journal papers) which have no electronic version or no doi so far. Scanned copies for sharing at RG or other circumstances might infringe copyrights or intellectual property rights (especially co-authored research works). And figures in citation index, citations, research interests and RG scores do not necessarily infer their prolific research works or vice versa which seem NOT to be transparent in ResearchGate or other academic citation platforms like Academia.
New RG measures like intuitive, transparent, robust and relevant might not help much in such case (especially measuring the quality of old-generations scholars)!
So my questions posed to the intellectual world: How to evaluate the quality of research works? What are reliable and valid measurement indicators for comparing young and old generations' academic works?
Could you share with me your novel ideas and possible answers here? And once you get some answers from your university colleagues and students towards these forwarded questions, please put them here afterwards for further reflections.
Many thanks!
From Percy KWOK
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I agree that one method is the use of the number of citations of the article. Typically if an article has 5 to 10 citations, that's considered very good!
Also look at the impact factor of the journal where the article is published, which is essentially the journal's overall citation factor. An impact factor of 10 or more is generally considered very good. A score of 3 or less is good or average. In most disciplines there's a journal with an exceptionally high impact score. They are cited a lot!
In healthcare, which I consider home base, The New England Journal of Medicine has an impact score of 91. If the article you are evaluating is in a journal with a high impact score, you can be assured the article has been reviewed very stringently.
Good luck with your study!
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Are there any online Summer Schools designed for post-doc and young faculties who are willingly to deepen their skills in computational intelligence and related areas or earn some credit transfer points. The preferable areas are engineering, science and Intellectual property rights. The objective is to stimulate to involve in rapidly evolving fields, and to foster participation in the adventure of research.
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Hi everyone,
A depreciation rate of 15% is widely used for patents’ stock (Hall et al 2005; Blind et al 2021; Lach 1995; Milani and Neumann 2022). What are the corresponding depreciation rates for trademarks’ stock and industrial designs' stock?
In the case of trademarks, I observe either 0% (Sandner and Block 2011) or 15% (Castaldi and Dosso 2020).
Thank you in advance!
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Trademark dynamics are different than patents. Patents expire and therefore it's value depreciates, since the benefit of protection diminishes with time. Trademark expiration reasons are due mostly because there is abandonment or lack of process following. I do find the dynamics of trademarks described in the last two paragraphs in page 2115 of [1] are reasonable to assume.
Hope this helps
[1] Pozdnyakov, Y. V., Zoryana, S., & Tetiana, G. (2020). Price-forming factors choice grounding at intangible assets with negative depreciation independent valuation/appraising. Independent Journal of Management & Production, 11(6), 2112-2139. available at: http://www.paulorodrigues.pro.br/ojs/ijmp/index.php/ijmp/article/download/1170/1482
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Do you think that the free access to information resources in countries that do not have deterrent laws may pose a risk to the intellectual property rights of the researchers themselves?
Why? And why not?
Do you think that the free access to information resources in countries that do not have deterrent laws may pose a risk to the intellectual property rights of the researchers themselves?Why? And why notDo you think that free access to information sources poses a threat to the intellectual property rights of researchers themselves?
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Patents are all about making information available - the whole idea behind them is to give an inventor exclusive rights in exchange for disclosing how the invention works. So "access" to the information is not a problem, rather, it's the whole point.
Few inventors or small businesses can afford to patent an invention all around the world, and entrepreneurs in the smaller countries are often free to make and sell products that are patented in, say, the US, Europe, Japan, and China. That's good for the local economy, and it's not exactly a "threat" to the inventor -- although it can reduce the potential to earn profits in those countries. Inventors have to make a business decision on where they intend to market the product, and how much they should invest in patent protection in those countries.
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I have some researches having good result and significant impact (In my opinion). From academic standpoint, my I get intellectual property right (HAKI) just on the result of my research?
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To be more precise : some rights you have to ask for (through filing a patent application for instance), some other rights are created as soon as you produce the results (droit d'auteur, Copyright : for text, images, software). In all cases you might have to defend your rights ; for industrial property (patent, trademark) you will use the Title granted (patent granted for instance), for copyrights you might need proof of date (so use lab Notebooks !).
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If you want to register the intellectual property rights of a scientific project or idea ... how can this be done? What are the institutions that take these measures?
في حالة الرغبة بتسجيل الحقوق الخاصة بالملكية الفكرية لمشروع او فكرة علمية ... فكيف يتم ذلك؟ وما هي المؤسسات الرصينة التي تتولى هذه الاجراءات؟
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There is no way to "register" such "rights"; there are no such rights. You can apply for a patent or enter into an agreement (contract) or you can publish and hope for "recognition". Sorry.
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How risky is it to jeopardize losing a research gap by revealing it on media communication platforms like this one?! It's not always easy to weigh the benefits and risks of discussions and questions.
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No one cares. The idea that there are people lurking out there to steal your ideas is a legend that graduate students tell each other. Even if you told someone your idea, the'd still have to do the research and write an article. Ideas a a dime a dozen. In an Hour I could probably come up with ten viable projects. I do it with graduate students in my office. In an hour I send them off with three or four topic ideas. I do it every year with a colleague. We spend half an hour brainstorming, come up with three or four articles, outline them, then pick which ones we want to be first author on. Stop worrying.
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The plagiarism which we are checking with the help of Turnitin software counts the similarity of usual English words even helping verbs and proverbs. If the similarity of specific terminology is counted instead of the entire usual English Sentences?
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These rules of plagiarism are more than enough. Otherwise, we couldn't write anything new.
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Not all companies have an R&D area or specialists that supply their need for knowledge and technology, and in this case, they seek solutions external to organizations, through specialists or technologies.
The big dilemma / paradox in this case, is how to innovate and at the same time maintain secrecy in this process?
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Dear Ricardo
To protect intellectual property rights depend on your field. This is an example maybe useful :
Pashkov VM, Golovanova IA, Olefir AA. The impact of the legal regime of intellectual property protection in the pharmaceutical market. Wiad Lek. 2016; 69 (3 pt 2): 582-586. PMID: 27717949.
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How to make it easy to patent an intellectual property right? It is very difficult system and long procedure.....
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I agree that it is a long and difficult route (and costly). However, the right that you obtain after grant of the patent is powerful: you may exclude all your competitors from market access for a period of time.
Further, other IP rights, like copyright and design rights are easier to obtain.
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I am with RIS a policy research think tank and work on inter alia, S,T and I issues. Please find the attached CV for details.
Krishna Ravi Srinivas
Recent Publication: 
Intellectual Property Rights and Innovation in the Times of Corona Epidemic- Policy Brief 89, April 2020
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Krishna Ravi Srinivas PhD, RIS, Core IVB, IVth Floor, India Habitat Center, Lodi Road, New Delhi 110003, India
email: ravisrinivas@ris.org.in,   k.ravisrinivas@gmail.com  Tel: +91 11 24682177-2180  Mobile:+919958269111
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Selected Publications are available at 
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How much time it takes to grant a patent in your country? Many countries take up to 10 years to grant a patent. This is half of the time (20 years) of exclusive right. It is really horrible. Also state your opinion.
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As Mr. Rourk indicated, you can pay a fee to expedite your application usually resulting in a patent within a year. After filing a normal non-provisional application, the granting of a patent can depend on the subject matter and how busy a particular art unit is at the patent office. That being said, without paying the fee to expedite, an inventor can expect to wait from one to three years for the patent to issue.
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This is about Intellectual property rights awareness campaigns at universities by different organisations i.e National Intellectual Property Management Office (NIMPO) and The Companies and Intellectual Property Commission (CIPC).
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I would say that Nico Deconinck point of defining "the final target" is extremely important not just in terms of the intended purpose but as a metric for your study. If you do not know the length of the campaign how are you going to evaluate the overall performance?
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DNA fingerprinting is the one way of protecting our crop varieties. DNA sequence information can be utilized for the same purpose, But whole genome sequencing cannot be done for each variety. So, can we sequence some particular candidate genes for protection under Intellectual property rights?
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Julian Cockbain Sir, I am asking about maize crop for which DNA sequence is already available in the database. We want to protect them for our own purpose.
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Solomon Islands is a country made up of 9 Provinces, with their own various dialects, traditions and way of life.
Importance of learning these cultures, will enable an entity:
  • To appreciate the value of respect;
  • To engage in sincere collaboration;
  • To appreciate traditional beliefs;
  • To help protect Indigenous Intellectual Property rights;
  • To help the indigenous people excel their creativity and intelligence; &
  • To appreciate traditional rules of land management and conflict resolutions.
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Thompson B Uki In addition to your importance points above, cultural genetically speaking, studying the Solomon Islands' diverse cultures and traditions is important for :
1. to sharply define its roots of culture (either Sea People Culture or Land People Culture)
2. to define whether the said diverse cultures is caused by microevolution phenomenon or inter-islands migration from their original place
3. to delineate the trail of their dispersal the world over by comparing their persistent customs/traditions
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Do doctors own their diagnoses?
In other words, can the diagnosis of a disease be considered as a creation of mind?
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I totally agree with Phil Barbonis. My advice is not to sell the database to the company. Far too many privacy/data protection risks. Even a tightly-worded contract is no guaranty of unauthorised leakage of medical data. But thank you, Dr Concordet, for explaining the background to the query. Arguably the rights (database rights rather than copyright I suspect) in the diagnoses belong to the employing hospital as the doctors created the data as part of their employee duties.
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Hello
In your opinion, what signs of globalization of intellectual property rights can be exemplified?
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The various international conventions, e.g., Berne Convention, and international bodies, e.g., WIPO, to ensure consistency of minimum standards of laws is evidence. Not sure if that answers your question - perhaps you could be more explicit?
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Here's an open-ended question relating to copyright, ethics, power relations in academia, and corpus linguistics:
What is the situation in your country/university with respect to the intellectual property rights of corpora/data collected and constituted by a PhD student during the preparation of their thesis?
All other considerations aside (i.e. suppose that the data is original, with no prior copyright holders, and that they have been duly collected with the consent of participants):
(1) Does the PhD student retain the intellectual property rights to such data? Or do they automatically become the intellectual property of the university, by means of an employment contract or another legal document (e.g. one that PhD students may be forced to sign in order to be authorised to defend their thesis)?
(2) What happens if the PhD student wishes to share/publish their data/corpora under an Open Access license (e.g. Creative Commons) after their defence or even before it? Do they need the permission of their supervisor, of a higher-level university body, of their funding agency, of all of the above? Has it ever happened in your university? Have there been cases where the researcher wanted to share data under an Open Access license and were prevented from doing so by another level of the hierarchy?
(3) If the data does become the intellectual property of the university, is there any obligation for the university afterwards (e.g. are they obliged to make them available through an institutional repository)? If the data becomes part of an institutional repository, does the PhD student have any say on the type of license under which they will be distributed? (for example, do they get to choose "non-commercial")?
(4) After the defence, is it possible for the university (or even an individual supervisor) to formally ask their former student (now Dr) to refrain from using the data/corpus they had collected during their thesis? Note that, in theory, if the corpus automatically becomes the intellectual property of the university, this is entirely possible. Do you know any cases of universities sending formal "cease and desist" letters against their former PhD students?
I would like to collect information about current practice and law in different countries with respect to this issue. For example, some countries limit these practices (considered an abusive utilisation of copyright); some Codes of Conduct in Dutch universities explicitly state that, unlike other productions, the copyright of a PhD thesis is retained by the PhD holder; in "business-friendly" Belgium, the issue is dealt under labour law (therefore a PhD student is just another employee and everything they produce belongs to their employer).
Researchers are becoming increasingly aware that the current situation is not really conducive to early-career researchers sharing their corpora under Open Access licenses.
Legal experts will provide data and analyses, as these matters can get complicated. But I would also like to hear some experiences and the opinions of corpus linguistics practitioners. Any pointer to your country's laws, university's code of conduct, case law, cases reported in the media, stories and anecdotes or even personal experiences (if you don't mind sharing them) are welcome.
Thank you very much for participating in the discussion and thank you for your help!
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Dear George.
Awareness of the concept Intellectual property right in Africa, specifically in Nigeria and presently Uganda is gaining momentum in the sence that before now plagiarism testing was overlooked, right now publications have to go through arrays of test to certify its authenticity or originality.
However have full right to your Phd work even after being declared authentic by various examining bodies of the particular school depends on the extant laws of the school, as each university or college have laws establishing them and also laws guiding the publication and publicizing of such research.
However, from my brief experience and based on advice which i have proffered in different occasions, it is expedient that schools hold on to the finished research for some number of years (Published via institutional repositories as a read only document), after which the research is released to its owner,
I have further opined that the researcher also MAY decide to allow the institution have full authority over the work.
These agreements should be in written form.
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Hi,
This is going to be my first project and I am considerably new to any kind of research. I would like to ask for your help with suggestions for literature. for the following project.
I am trying to understand how intellectual property rights of various kinds decimate a large scale corporate/ its effects / strategic changes to assess and implement checks in place to counter these violations / provisions across various marketplaces. Also trying to identify and plot a pattern between similarities across industries and marketplaces.
If someone has any insights about the above mentioned idea or any leads can message me or discuss the same here.
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As I indicated, different sectors have different priorities, but basically pretty much whatever sector you choose will have had research on the relevance of IP to it discussed. It really would be best if you suggested an economic sector that interests you, as you would enjoy the research you do much more if you can relate to it/have empathy with it. So first choose your economic sector!
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Dear colleagues,
I am reaching out to the scientific community, to safeguard the intellectual property(IP) rights of an unpublished novel proposal idea.
While published work can be claimed for plagiarism, there are no such rights available for an unpublished novel proposals, that you spend months preparing for and finally sharing it with a supervisor(SP)/host organization that promised to submit it on your behalf, but eventually pulled out of it on the very day/or close to submission day.
Needless to say that it is an abuse of the time and effort of the applicant(AP) and a sham on the name of science. While it is certainly my belief that nothing goes wasted in life and one eventually gets compensated in ways that He/She doesn't realize at that time, there has to be some organized way to safeguard the rights of aspiring scientists, that share their aspiring ideas in blind trust to the SP (in good standing mind you), only to be cut out of it at the very end.
So, is there any organization academic/industrial that is working to protect the rights of the AP?? so that the AP can claim his IP and prevent the SP or any other party for non-consensual usage of IP for funding or otherwise.
I look forward to your responses and personal experiences in this regard.
Best wishes
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You automatically own the copyright in your text once you have written it. One way to protect your interest is to get a copy of it signed, dated and witnessed and then deposited in a safe place, say in a bank or with a lawyer. Then, if you think your text has been passed to a third party without your permission, you have the proof that you wrote it first and you own the rights to it, and can sue for infringement. But what you cannot do is force someone else to forward it to, say, a funding body.
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Require elaboration ...
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Intellectual property rights is a broader term that encompasses copyright, trademarks and patents and trade secrets. The intellectual property rights are then outlined and protected by IP law.
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I am looking for advice or links to information on intellectual property rights as related to a PhD in terms of student, university and funder rights.
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Thank you Sudhir, most appreciated.
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Intellectual Property rights and Breeder Rights in floriculture and landscaping especially in Indian context
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1. Essentially derived varieties should have details of parentage and otherwise new varieties may be from natural selection from seed origin population and should have distinct characterers from others in population. To register it as a variety it should be tested at multilocation for stabilty of desirable traits.
2. Registration is done at PPVFRA (in India). Breeders usually has/have IPR rights but if it is developed by public funding then organisation has IPR policy for that.
3. Landscaping method if it is innovative then can be patented with registrar of patent (in India).
4. Landscape technique if published then should be referred keeping plagiarism policy under consideration.
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I would like to request researchgate people to comment on the following abstract. Does this report any findings, or convey a message? What are the weakness of this abstract?
Improved design of a synthetic Bt gene stack and testing its insecticidal efficacy in the model plant Arabidopsis
Bacillus thuringiensis (Bt) insecticidal toxin protein encoded by Cry gene is a widely used technology to control insect pest in the crop field. However, development of insect resistant to Cry genes has appeared as a major threat to the durability of this approach, and thus urgent action is required to overcome this problem. Out of many available approaches, stacking of multiple Cry genes in the same plant is thought as the best strategy to delay the development of insect resistant to Cry genes. Here we report the insecticidal activity of a genetically engineered Bt gene stack consisting of Cry1B/Cry1C genes in the model plant Arabidopsis. Cry1B/Cry1C genes were designed to produce a novel version which is free of IP. Components which have the freedom to operate were used to test the insecticidal activity of the modified Cry1B/Cry1C gene stack. Availability of technology that does not require licensing agreement to use, is one of the main barrier to develop GM crops by public sector organizations in the developing countries. Thus, it is expected that the modified Cry1B/Cry1C gene stack will be a valuable tool to develop GM crops for public or humanitarian use in the developing nations.
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This abstract doesn't give any finding. it gives only suggestion about new methodology about gene transfering. the abstract needs key points about new methodology (why we are prefare, what will be happen when we use more than two Cry genes etc.)
it is still interesting subject. the review will get more attention.
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The long dispute between Hynix (producer of DRAM) and Rambus, patent owner and licensor of related IP rights seems to be over. However a lot of questions remained unanswered. It is already practice that such disputes end with a settlement. However there is also a public enforcement dimension to these cases. In Europe the cases brought before the CJEU (General Court) are based on antitrust law. In the U.S. the litigation started with a similar action initiated by the FTC, but most of the confrontation was related to IP law and the allegations brought by Rambus against Hynix. Rambus is a very successful patent litigant and they won even in this case. However, a little but important battle was a success for Hynix. They succeeded to obtain the reduction of the total amount of royalties to be paid with $250,000,000 with reference to Rambus' spoliation of evidence (JEDEC documentation).
In Europe the actions for annulment against the Commission decisions giving authority to the commitments undertaken by Rambus in 2009 were withdrawn on 5 July 2013.
eiml.webs.com/ (for more links and case references)
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HI,
You may be interested by this paper:
A survey of litigation in corporate finance
Matteo Arena, Stephen Ferris
Managerial finance, 2017 vol 43, issue 1, (pp. 4 - 18)
Keywords: Corporate finance, Litigation
Best regards
 
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I want to engineer a biological host to produce a desire product and create a new innovative process. For example, I have to use an enzyme that previously claimed in US 8877461 B2. How can I avoid infringing to what is claimed? Can I isolate a cDNA sequence encoding the polypeptide from the original host with a high similarity (>%98) to SEQ ID NO:1 US 8877461 B2?
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Hi,
Note that a Patent Must have these three attributes:
1. Novel
2. Inventive
3. Industrially applicable
otherwise it will not be granted Patent Status. The concept, method, formulation, device, invention, or alike must be considered NOVEL and INVENTIVE to those who are: "Skilled in the art".
Therefore, it should not be possible to protect any naturally occurring molecule by a Patent, copyright or Trade Mark. 
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I am studying the inclination of companies to associate a new trademark (TM) with the commercialization of radical innovations. 
Do you know examples of companies that decided to apply (or not apply) for a TM to commercialize a radical innovation (eg., a new product)? 
I am asking this because, on the one hand, firms may improve appropriability over the radical product thanks to the TM. But, on the other hand, a firm may have an existing TM, so choosing to use it to commercialize the product since that brand is already known among customers while the product is distant from their existing values. What do you think about?
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To offer a more general perspective, trademark can be helpful where IP protection for the innovation is uncertain or unavailable. Trademark will not only enable the innovator to gain a head start in the new market but will can establish and preserve her reputation as an innovating force, even if IP protection is ultimately unavailable for the innovation itself. For example, if the innovation is a widget, and it is subsequently determined that widgets are not amenable to patent protection (and consequently others produce widget knock offs) the trademark not only establishes the innovator as a source but can also be supplemented with descriptions such as "the original widget". Thus, an innovator who is reluctant to commercialize an innovation because of uncertain IP protection can proceed with the alternative (albeit limited) protection of trademark.
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some of countries such as south korea had some protections policy before that became developed.
what are their model?
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Interpreting you question a little bit wider than only digital industries, it is said that no developing nation ever became developed with a truly open market.
I predict that that any "model" you are going to find in literature, whether it has been successfully applied or not, will be denounced as wrong and unwise by all generally accepted economic theories.
Best of luck in your research,
Thorwald van Vuure
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I wonder if there is any quickest or easiest method available to determine the FTO of any invention? Say X is added to system Y and considered a member of Z family, is this OK to consider X under FTO even though Family Z is already patented? Thanks in advance for your feedback. Kind Regards, Abdullah Kafi 
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X is an independent entity so one should not be confused between FTO and patent grant. What does it mean ? Simply stated X can be granted, provided one proves novelty and inventively vs prior art. But this patent, although being granted, at the commercial exploitation stage, can "walk on the toes" of other patents (Y, Z). The FTO allows then to define to which extent X will walk on the toes and what are the risks ? To which extent your patent X, being commercially exploited, would infringe patent Y and family Z ? If so what is the strategy ? Shall you license with patent Y or Z owners ? Or shall you consider that risk of being litigated is so low that no need to sign a licence ?  
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salaam
planned obsolescence and intellectual property rights have an effect on design and availability of products currently in production.
if planned obsolescence and intellectual property rights effects are removed from consideration how would product quality and availability be affected?
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Dear Omar, 
See the article below, where you can find the answer: 
Methods  of measuring ideas for innovation
Attention with the Ideal Idea = 0,00 iur. 
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China has become one of leading technology exporter mainly in all areas, but its presence has been felt quite sharp in low-carbon technologies also. How has this happen does china has overlooked the issue of Intellectual Property Rights or has he progressed slowly. please help me with articles and books that you can suggest.
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The question is whether China has caught up *because* it has ignored IPR and allowed the theft of intellectual property from foreign firms in particular, or *despite* that. Evidence from previous emerging countries such as Japan and South Korea implies that countries become more protective of IP either because of a cultural pre-disposition (Weberian view) or when they are developing enough of it that a self-interested domestic constituency arises. China seems to have reached the latter point.
For more on ways in which China may or may not be representative of other emerging economies, allow me to suggest this reading: Martin, X., & Li, C. 2015. What do we know about state-owned emerging-economy firms, and how? Evaluating literature about inward and outward multinational activities. In L. Tihanyi, E. R. Banalieva, T. M. Devinney, & T. Pedersen (Eds.), Advances in International Management, Vol. 28: 403-439. Bingley, U.K.: Emerald.
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I am working in a paper about the enforcement of IPRs at border and how would developing countries be able to enforce such rights effectively at their borders. Thus, if you have any experience in enforcing the IP rights at border please help me to determine the cost needed to do so.
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The whole website is full of facts and figures and may include the details for which you are looking. I cannot think of anything directly relevant at this stage.
I do a lot of work in Europe and can answer any specific questions that you might have about the process. 
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In the age of open economy and transformation of material wealth to information as  wealth, and the widespread application of IPR, it seems that the geoscientists are not getting their due in terms of number of patents applied/granted when compared with other sciences. It does not mean that we, the geoscientists are not generating enough information or design processes worthy of getting patents. Even the routine academic performance is also being measured in terms of number of patents generated out of academic research!! On the contrary, it seems that the number of patents granted to other sciences is multifold higher than the geosciences. Please share your thoughts on whether we should work on problems worthy of generating patents. I am putting forth this question to get convincing answer and also to spread awareness on the importance of IPR regime in geoscientific research.
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I asked to my Prof about patent. He said knowledge is human right. Patents is like a dark hole for develop knowledge.
In my opinion for technology and industry is ok.
Thanks
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One of the constructs of my research are intellectual property governance and brand equity and i want to know that in how many dimensions they connect with each other 
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see this article it may be relevant
Managing risk and protecting intellectual property
Corbin, Ruth M. Ivey Business Journal 66.3 (Jan/Feb 2002): 11-13
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Trademark documents present different "dates", filing date, registration date, priority date, first use in commerce, etc. Can someone explain at which type of "managerial" event each date might be related to? For instance, may filing date be related to product/marketing innovation?
Furthermore, I noticed that the date of first use in commerce sometimes come before the filing date. How is that possible?
Can you suggest any references (especially from USPTO) that can provide some clarification?
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I generally agree with Feng Tian. Priority date usually means that the trade mark registration applicant has applied on an earlier date (the priority date) to register the same mark for (substantially) the same goods or services in a different country before the application that you are looking at was filed and is asking the trademark registration office to treat the application you are looking at as if it had been filed on that earlier date. That is: I file for KODAK in the UK on 12 Jan 2012, and file in France for KODAK on 12 May 2012 claiming priority from my UK application. You make your first filing for KODAK, in France, on 12 March 2012 - sorry, you lose because my effective date in France is 12 Jan 2012 which is earlier than yours. First use in commerce is what it says - the day you first used the mark in trade in the country in question. (It matters in the US). First use in commerce can and often will predate the trademark application date because generally you don't have to register a mark before you can begin using it.
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how is weak copyright laws impacting music industry in India?
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Without an empirical study, it is hard to say.  With the advent of the internet for performance and distribution, enforcement has become very difficulty for any music copyrights generally.  What is "weak"?  Lengthy duration for music is meaningless --few pieces have much of a lifespan.  Protection against literal copying and requirement of paying royalties for performance is what you basically get in every country.  The problem everywhere is enforcing those rights and administering a compulsory licensing scheme for performance.  Musicians in the United States mostly scratch out a living from live performances.  The revenue stream from selling music or recordings is mostly dried up.
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This right has been enshrined in Canadian Copyright Act since 1988. It has also been judicially enforced in France. Unfortunately, it still remains not applied in many cases. The main trouble, for the artists, is to deal with the owner of the support of the work.
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Thanks for your answer !
Yes, it's true. Most of the owners want to display the physical copy of the works. Moreover, their price can be very expensive, so that they can't bear to let the exhibition right to the author. It's particularly the case with public institutions, such as museums, in the name of the right to culture.
But we can find some examples of its enforcement in France. the most notable case was judged by the Supreme Court in 2002. The exhibition right has been enforced for two photographers, whose works were displayed by a non-profit organization without their permission and, of course, without any royalties. Some lower courts later judged in the same way. But there are very few cases, and the case law is not very significant.
Most of the authors who are interested in this right stopped to sell their works, just to keep a control on it. They rent these to galleries and sometimes organize their own exhibitions. But they do it more as owner of the physical copy than author of the work.
What do you know about it ? is it the same in Netherlands ? Other countries ?
Best regards.
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CGI and IEF provide combined scores, but I really need them separately for patents, copyrights, trade secrets, and trademarks. 50+ countries would be great.
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wow, clearly none of you actually work with patents. this is like a firm's accountants putting a value on a firm's ipr. you can do it with trademarks and literary/musical copyright, but when you head into patents the whole world changes. the value depends on the validity - and the perceived validity depends on the value [more profit, more incentive to revoke, more incentive to defend, and more incentive to do a deal unless the parties are totally head to head competitors]. most patent cases are settled before they arrive in court, the settlement being based on the likelihood of winning and the cost of failing to win. with kevlar and pampers/huggies we had worldwide fights - with most cases we don't. 
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The history of the human race is a history of the application of imagination, or innovation and creativity, to an existing base of knowledge in order to solve problems or express thoughts. From early writing in Mesopotamia, the Chinese abacus, the Syrian astrolabe, the ancient observatories of India, the Gutenberg printing press, the internal combustion engine, penicillin, plant medicines and cures in Southern Africa, the transistor, semiconductor nanotechnology, recombinant DNA drugs, and countless other discoveries and innovations, it has been the imagination of the world's creators that has enabled humanity to advance to today's levels of technological progress. I am interested in determining what type of intellectual creations can be the subject matter of IP?
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IP protection is a balancing act. On the one hand, awarding IP protection may reward the inventor's ground-breaking endeavor and incentivize future discoveries in the research/creative field. On the other hand, IP protection may create a road block for others to use and/or improve the current discoveries due to the monopoly right associated with IP protection. Consequently, it is reasonable to assume that the goal of awarding IP right should be to maximize the overall benefits to the society as a whole and accelerate the development of technology/humanity instead of hamper the progress thereof.
Accordingly, it is logical to state that the criteria to award IP protection is: Only award those discoveries that would not have been made without the assurance of IP protection. In other words, affording IP protection to those technologies or writings which would naturally/spontaneously be discovered or disclosed in due course would be a misuse, if not an abuse, of this incentive mechanism to shorten the discovery path/time. The subject matter of IP protection should reflect the above criteria as well.
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With the public available patent data, there exists an exciting source of raw data around innovation activities. We want to go a step further and are continuously looking for further, innovation-related open data, like technology transfer deals or M&A activities in high-tech industries. Besides these raw datasets, we are looking for ontologies or common vocabularies which help us to better integrate and analyze the relevant data sources. Any suggestions are highly welcome!
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Hi Lutz,
you may have a look at World Bank's Management, Organisation and Innovation Survey Microdata:
Kind regards,
Marko
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What is the limitation of having an uniform recognition of registration of patents among major jurisdictions ? It has been major problem among the inventors and companies around the world where they have to register their patents in almost every major jurisdictions in order to enjoy such protection for their inventions. My question here is whether what is the limitation for other major jurisdiction to recognise the registration of patent in a counterpart country.
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 The initial process of patent application has been internationalized via WIPO and the Patent Cooperation Treaty. A single PCT application can get you started in 140+ jurisdictions.  There other treaties that aim towards so-called harmonizations of patent laws including TRIPS and  the recent  PLT. A few of the larger jurisdictions (the IP5) have multilateral agreements and experiments going on to see IF search results from one country might save work in other countries examining the counterpart patent application.
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I am no expert in the legal issues here, but Monsanto, Dow, Sygenta, etc. have been copyrighting genes to food crops as I understand it. However, these crops that they are utilizing, corn for example, represent an intellectual property. These are not wild, unaltered species, but species that have been transformed through thousands of years of plant breeding by indigenous peoples. It seems to me that these genes then, again say of commercial corn, should actually belong to the indigenous peoples if anyone, and more likely should belong to a creative commons. After all, we are currently only adding our own little breeding piece to a process that has taken thousands of years to undertake. Thought?
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Don't mention it, Noa, hope it helps.
Let me know if I can be of any further assistance; I represented Argentina during the final stage of this case. It was a leading case, where it was defined the scope of the Patent along the agrifood chain. Helpful not only for Argentine farmers, but also for farmers around the world, because it's a very important precedent.
Regards, Alejandro
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Conflicts are emerging on a daily basis over who owns an 'idea', especially when they have business value and money-making potential. An idea is claimed by one to be his/her own sole property and others have to pay him/her to use it, even for a brief period of time. Is this a right thing to do? Especially when leading scientists and researchers have humbly admitted to becoming successful 'standing on the shoulders of giants' before them.
Consider the following:
A Californian clothing company is suing song performer Taylor Swift over the use of the number 13, claiming they used the concept two decades before her.
The Chinese government is often accused by the USA of stealing ideas and blueprint plans.
In the past, dictatorial regimes thirsted for access to nuclear weapon building plans and technology.
New 3D printing technology has opened a new chapter in intellectual property infringement.
The ancient science of Yoga originating in India is now a popular fad in many countries, with each claiming its own variations as 'copyright'.
1. Is 'intellectual property' a correct concept at all? Does knowledge belong to anyone?
2. Where does knowledge come from at all? What is the source of thoughts and ideas, do they belong to us at all? Can we claim ownership over such subjective, non-material 'things'?
3. Is the concept of 'intellectual property' an indicator of progress and development in civilization or a regressive concept conceived by a few greedy people to make money taking advantage of a society's fairness and justice system?
4. Should all knowledge be 'open source' accessible to all in the interests of society, country, humanity? Is this, after all, a Utopian concept, possible only in theory, never in practice?
5. This brings another angle, that of the Darwinian assumption of 'survival of the fittest'.
Should competition be the mantra so that everyone fights it out to bring out only the best or do cooperation, fairness, and ethics have a place in society?
6. Is it an exclusively western fad to claim ownership over knowledge and its use, being primarily based on eastern philosophical foundations?
7. Families and communities bequeath information, knowledge and wisdom to successive generations. Does this too come under the purview of 'intellectual property'?
8. Is there a thin borderline between 'open source' and 'intellectual property', subject to one's own individual interpretation?
Thank you.
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There appears to be confusion between intellectual property and knowledge in this thread. Intellectual property is a legal term and is defined in the legal concepts of property/ownership. Knowledge is not a legal term and knowledge can be shared by all, discovered by many simultaneously and contains both proprietary and general knowledge.
While I can see the advantages of an ultra utopian world where IP is shared it is of course sheer fantasy. Research costs a great deal of money, a great deal of effort and even huge emotional cost. The data obtained has been 'earned' by the researcher and she deserves to get a benefit from it.
To those who do believe that IP should be shared I advise that they leave the keys in their cars that others may share the use of them. They should give any spare room in their houses to the homeless and share their food with all of their neighbours.
Intelectual property is as real as the physical property described above. It is earned and it is owned. I agree fully with Dirk and Eigentum verpflictet is an elegant way of describing the obligations of ownership. Selling rights to use intellectual property is perfectly ethical and should be seen as no different to requiring rent for a room or wages for work.
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With a proper Pharma field or general field example?
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Example:
You filed a patent application and claimed three structures: A, B, and C. USPTO said that structure C is either anticipated by ref 1 or is obvious over refs 2 & 3. You as the patent practitioner amended the claims to narrow the structures covered to A, B and C' (wherein C' has a smaller scope than C).
Later you found that on the market there was a competitor's product which had structure D. D is either obvious over C or an equivalent thereof, but would not infringe claims under the structure C' in your issued patent. One option you may have is to reissue or reexamine your patent to convert your claims back to A, B, and C. The other is to sue the competitor for infringement in the court. Neither would work because of prosecution history estoppel.
Re-prosecution: USPTO would reject your request to expand the scope of your patent right based on prosecution history estoppel, i.e., you CANNOT re-claim what you have surrendered to USPTO during previous prosecution of your patent if the earlier narrowing amendment were in response to USPTO's patentability rejections. This relinquished IP space has entered the public domain and would not become your private IP property any more. It's gone forever!
Litigation: The Court would not allow you to use doctrine of equivalent to put D as an equivalent of C since you have surrendered your right to own C during the prosecution at USPTO.
The key is that if you has surrendered part of your claims when responding to USPTO's patentability rejections, you cannot retrieve that part (reaction mode). But if you voluntarily narrowed your claims without any threat from USPTO, you may still broaden your claims later on (action mode).
The take-home message is: Be very careful when narrowing your claims in response to a patentability rejection. If you have a chance to argue for the validity of your claims instead of amending the claims, argue in all possible ways you can.
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Sometimes it is said that you should not publish your work before applying for a patent. Is this true? Are there any Do's and Don'ts about patents?
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Three basic Criteria:
1) New: Should be completely different from prior art (should be published or disclosed ever anywhere!);
2) Non-obvious: Should be newer for the person Skilled in art as well as should be reproducible by person skilled in art;
3) Industrial Applicable: Should be useful to society/industry...
From these criteria you can definitely say that your work shouldn't published anywhere before you FILE a patent...
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I intend to carry out an empirical study assessing the strength of IPRs in Africa. Does anybody have any idea about recent empirical literature?
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There seem not to be much empirical research in Africa in relation to IPR. Below is link to a dissertation that reports results of research about Kenyan university libraries in relation to copyright.
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It is my observation that Indian researchers generally go for publishing research paper instead of filing Patent application. Is it the lack of awareness or cost involved the real reason?
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Reason one: In India the patent right is not a big enough carrot to lure the researcher into filing a patent application. Maybe the research subject has no commercial value. Maybe the cost to commercialize the technology is too big a hurdle for the researcher to climb over. Maybe the Patents Act in India provides too little protection for patents.
Reason two: The university or research institution where the researcher works do not have licensing department or policy to recoup the value of IP rights. A researcher needs professional help when deciding whether to file a patent application for his/her new discoveries. Writing a patent is different from writing a paper. Even if the researcher is awarded a patent, he/she may have trouble selling the patent right.
Reason three: Publish or perish. If no extra bonus is provided by a patent application when compared with a paper, most researchers would choose publishing a paper: much quicker to publish and much easier to write (no claims at all).
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IPR : Intellectual Property Rights as WTO stated: Awareness-raising and training on IP; Technological information services; Financial assistance; Customized advisory services on IP; Assistance for IP exploitation and technology transfer
Entreprenuership developed by Robinson (1987) refined by Stimpson et al.,(1990) and Shanthakumar (1992) as follow: Achievement, Personal Control, Innovation, Self esteem, Opportunism
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Noted with many thanks../wiwiek harwiki
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Affordability has become a major social and political issue and the governments especially in poor countries are under pressure to make exceptions and allow evergreening for few life saving drugs. For example, under the compulsory licensing provisions of patent laws, Indian drug manufacturer Natco Pharma was allowed to produce Nexavar (Bayer’s kidney and liver cancer drug) for making it available at reasonably affordable price. Bayer’s cost of one month supply of is about 5,600 USD as against Natco’s generic version cost 175 USD a month.
Just recently, the Intellectual Property Appellate Board has rejected Bayer’s appeal to stop manufacturing of generic version by Natco.
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Yes, I agree. I think Indian pharma industry is in deep slumber. They have enough money today if they wish to invest in real original R&D. They can not survive as copy cats for a long time. While developing new processes may be innovative, I think ethically it is not right to exploit some one else's IPR. At the same time BigPharma should also be transparent in costs to invention reasonable in profiteering. I hope some mid way is discovered mutually.
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If I want to patent an invention, can I discuss (poster presentation) in a scientific meeting regarding the same prior to patenting it ?
In other words, if once presented in a scientific meeting, can I patent an invention after the presentation?
Please give any reference if possible and details regarding the Indian patent laws would be helpful.
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you can present your poster presentation, but you should be careful enough not to disclose the core technical details of your inventions. you should file for the patent within 12 months from the date of disclosing.
The Indian Sec-29, 31 talks about the previous publication.
the complete sections from 29-32 talks about anticipation.