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Recently, foreign interference has emerged as an important compliance issue for U.S. research institutions, due to efforts by foreign governments to misappropriate intellectual property and research. Consequently, federal funding agencies are now requiring research institutions to ensure compliance with foreign component regulations and to implement protections against foreign interference. This paper offers an analysis of foreign interference cases and recommendations from national committees and leading academic institutions, summarizing the geopolitical context, compliance risks, risk management strategies, and future challenges in this area. The key risks identified were the diversion of IP and research and non-disclosure of foreign sponsorship. Recommended compliance and risk management strategies include centralized work groups, monitoring and auditing, integration of foreign component compliance into research misconduct and conflict of interest and commitment policies, staff training, and security controls. Special attention should be paid to future regulations and industry standards for dual appointments and foreign talent recruitment programs and compliance with federal deemed-export and equal employment opportunity laws. Finally, foreign interference management programs should also include measures to prevent racial profiling and xenophobia, while emphasizing a commitment to international collaboration, a diverse workforce, and America's open academic system.

In Safe Harbor for the Innocent Infringer in the Digital Age (Safe Harbor), I argued that certain classes of direct innocent infringers of copyright--namely, accidental and mea culpa infringers--should be afforded safe harbor from liability in light of current accepted online practices of users deemed essential for the proper functioning and progress of the Internet and digital technology. I offered a statutory amendment to Section 512 of the Copyright Act, one that would apply specifically to direct users and protect them in ways similar to the protections currently available to online service providers. In this Article, I approach the same topic from the damages phase and argue that a user's actual or constructive knowledge of a copyright holder's rights should be a factor in determining whether the holder's damages award should be limited to the currently discretionary minimum award. Knowledge could even serve to create a presumption of culpability during the damages phase after liability has been determined. However, notice of copyright alone should not serve as a complete bar to a defendant's ability to assert an innocent infringement defense that triggers a minimum statutory damage award. This approach is fairer and more just, especially in light of the fact that copyright infringement is a strict liability offense and exposes even the ordinary, low-level infringer to damage awards that are often questioned by commentators and judges alike as egregious and, in some cases, unconstitutional. Accordingly, I argue that in lieu of--or in addition to--my user safe harbor proposal in Safe Harbor, Congress should adopt a more meaningful minimum statutory damage award under Section 504(c) for certain classes of noncommercial infringement and commercial infringement causing little or no economic harm. This proposal would apply in cases where liability is established and the use is not otherwise legally permitted or excused. It would reduce statutory damage awards for technically infringing uses that support progress because they are socially beneficial, technologically desirable, or both. In light of the Department of Commerce's 2016 Internet Policy Task Force report on statutory damages and the Copyright Office Section 512 Roundtables on the same topic, I discuss the report's findings, as well as Canada's approach to user rights for illustrative purposes, against the backdrop of my own recommendations. [ABSTRACT FROM AUTHOR]

According to the Food and Agricultural Policy Research Institute, the demand for edible oils and fats is growing. Tucumã is a native Amazonian fruit with high lipids content in the pulp and kernel. The pulp oil has a high content of unsaturated fatty acids and carotenoids, mainly β‐carotene, a pro‐vitamin A. Kernel fat has high oxidative stability as it is rich in saturated fatty acids, with a predominance of lauric acid. Tucumã pulp oil and kernel fat can formulate functional fats due to their physicochemical, nutritional, and sensory properties. This paper aims to provide an overview of intellectual property and academic production about tucumã oil and fat. The increase in scientific production from 2001 to 2020 indicates that the research institutes have expanded interest in tucumã fruit. However, intellectual property using tucumã oil and fat for industrial applications is still modest. Using the selected keyword combinations, nineteen and ten papers related to pulp oil and kernel fat are met, respectively. The United States leads the patents publications related to tucumã fruit, oil, and fat (45%). Most patents are directed to the cosmetic and pharmaceutical sectors (59%), demonstrating the necessity for studies focused on applications in the food industry. Practical Applications: Tucumã pulp oil and kernel fat can be used to formulate functional fats due to their physicochemical, nutritional, and sensory properties. The tucumã pulp oil has a high content of unsaturated fatty acids and carotenoids, mainly β‐carotene, a pro‐vitamin A. The tucumã kernel fat presents high oxidative stability as it is rich in saturated fatty acids, with a predominance of lauric acid. Most patents are directed to the cosmetic and pharmaceutical sectors, which demonstrate the need for studies focused on the food industry. The small number of patents favors promising partnerships between companies and scientific institutions for the transfer of academic knowledge of new technologies applied in the food industry. [ABSTRACT FROM AUTHOR]

Repurposing is considered an attractive approach for developing new drug products. However, it consists of challenges relating to intellectual property (IP) protection, and regulatory approvals. This study aimed to analyze the recent trends in repurposed drugs approved by USFDA from 2010 to 2020 and to assess the challenges connected with bridging study requirements, patent protection, and exclusivities. Out of 1001 NDAs, 570 were approved via 505(b)(2) pathway. Of 570 NDAs, the highest number of approvals are allied to type 5-new formulations (42.4%), followed by type 3-new dosage forms (26.4%) and type 4-new combinations (13.1%). Of 570 NDAs, 470 are considered to examine the patent and exclusivity protection of which 341 have patent and/or exclusivity. A total of 97 type-3 and type-5 and 14 type-4 drugs have been approved based on human bioavailability/bioequivalence (BA/BE) data. For 131 type-3 and type-5 and 34 type-4 drugs, the applicants conducted new clinical (efficacy and/or safety) studies along with BA/BE (100 drugs) or without BA/BE (65 drugs) studies. In this review, mechanistic reasons for conducting new clinical investigations, IP and regulatory considerations along with broader perspective on new pharmaceutical approaches employed in 505(b)(2) drugs are illustrated that provide guidance for development of reformulations and combinations., Competing Interests: Declaration of Competing Interest The authors declare that they have no known competing financial interests or personal relationships that could have appeared to influence the work reported in this paper., (Copyright © 2023 American Pharmacists Association. Published by Elsevier Inc. All rights reserved.)

This section is intended for occasional contributions from on-the-ground practitioners. Our hope is that the definition of this category of paper will inspire practitioners to submit notes and articles – typically in the range of 2,000 to 10,000 words – to the World Trade Review. As with all notes and articles submitted to the World Trade Review, manuscripts in this category will be reviewed by independent referees. However, the focus is intended to be practice oriented and at least one of the two referees will be a fellow practitioner. [ABSTRACT FROM PUBLISHER]

From 1790 to 1891, the United States prevented foreign authors from obtaining domestic copyright protection, implicitly subsidizing a domestic reprinting industry. With foreign works a "free" and unprotected resource, American publishers created a system of voluntary norms, known as "trade courtesy" to create and enforce pseudo-property rights in uncopyrighted foreign works, simulating the effects of legal copyright protection. This paper analyzes this system using the Bloomington School's institutional design principles to understand its effectiveness and pitfalls in managing the commons of unprotected foreign works in nineteenth Century America. [ABSTRACT FROM AUTHOR]

The article offers information about U.S. Patent Rights for scientists. Topics discussed include grant applications for accessibility of scientific process under Freedom of Information Act (FOIA); using of own granted application of scientists considered by Trademark Office (USPTO) Patent Trial and Appeal Board (PTAB); and inventor's submission of an advanced proof to symposium obtained from U.S. is also considered by UPSTO.

The Bayh-Dole Act of 1980 enabled American universities to engage in technology transfer. Thirty years of research has investigated the legislation's effectiveness and derivative university practices, such as the establishment of technology transfer offices. Unfortunately, the technology transfer literature has focused primarily on patenting as the primary transfer vehicle for protecting intellectual property in universities, overlooking other forms of IP ownership, such as copyrights. Legal scholarship shows, however, that universities are increasingly using copyrights to protect their intellectual property and that the number of university-held copyrights exceeds patents. This paper examines the use of copyrights to protect and transfer university IP. It does so by reviewing underlying legal and policy concepts associated with copyrights and offers contemporary examples of copyright issues within universities. The paper therefore provides a foundation for future research on the role of copyrights in technology transfer. [ABSTRACT FROM AUTHOR]

This article discusses the misalignment of the drug innovation model in the US with broader societal goals. The paper calls for a reconfiguration of this model to prioritize the common good and ensure equitable access to health innovations. The article stresses the importance of adopting a mission-oriented approach to shape the drug market, including reforming intellectual property rights. [ABSTRACT FROM AUTHOR]

This paper examines the impact of intellectual property rights (IPR) infringement on the input (R&D spending) and output (patents) of the research process. The extant literature proxies IPR enforcement via composite indices or indicators of institutional quality, whereas this paper employs a direct (hard) measure of IPR crimes. Using data across U.S. states, results show that IPR crimes reduce research spending but do not impact patenting. Upon comparison with a broader measure of weak institutional quality (corruption), we find that greater corruption has a robust negative effect on patenting, but not on R&D spending. Quantitatively, the elasticities of R&D spending with respect to IPR crimes are greater than those of patents with respect to corruption, suggesting that studies that proxy IPR crimes via other measures are likely underestimating their impacts on technological change. [ABSTRACT FROM AUTHOR]

This paper examines how foreign intellectual property rights (IPRs) affect US bilateral exports of genetically modified crops (GMOs). We apply the structural gravity model to examine GMO trade between the United States and the countries that comprise the rest of the world. Our econometric method includes the Poisson Pseudo Maximum Likelihood estimator. We use panel data including measures of countries' IPR regimes, plant patentability, plant variety rights, GMO regulations and asynchronous approvals of GMOs. Results show the United States tends to export fewer GMO crops to countries with strong IPR regimes, plant patentability and plant variety rights. These results are consistent with the market power effect, where the United States restricts exports to countries with strong protections to extract monopoly prices. Second, enforcement of IPRs strengthens the market power effect. Third, the market power effect is strong alongside with GMO regulations and asynchronous approvals. Fourth, the market power effect is larger for self‐pollinating crops vs. hybrids. These findings are robust across a variety of specifications. However, we also find a price premium in countries with less ease of US market access, with more domestic production of GMOs, and with weak traceability requirements. These features play a stronger role than IPRs in determining price. [ABSTRACT FROM AUTHOR]

Agreement on Trade Related aspects of Intellectual Property Rights (TRIPS) was laid on the premises of rewarding monopolistic patent rights to the innovator. Stronger patent protection was advocated to promote technology transfer from developed nations to the rest of the world. To boost domestic innovative potential and to maintain trade ties, most developing countries signed the TRIPS agreement. Impact of patent laws in the pharmaceutical industry was crucial as it posed threat to access health. This paper aims to analyze the impact of pharmaceutical product patent laws incorporated under the TRIPS agreement using 65 countries panel dataset from 1995 to 2016. The data is empirically analyzed using negative binomial regression and Poisson regression. Results clearly indicate that the number of pharmaceutical patents filed in US Patent and Trademark Office (USPTO) has decreased after TRIPS compliance in both low and middle income countries. However, the decline is larger in upper middle and lower middle income countries than in low income countries. The phenomenon of low patent activity has an increasingly declining trend across low and middle income countries. Hence the claimed hypothesis that stronger patent rights would increase innovative potential does not seem to stand true, which raises serious affordability concerns of bringing patents in the pharmaceutical sector. [ABSTRACT FROM AUTHOR]

In this paper, we derived a high-efficiency formula for calculating the precision of carrier phase relative positioning, analyzed the various factors that affect the positioning accuracy using the carrier phase, and proposed the concept of using a frequency dilution of precision to describe the quantitative effect of different frequency combinations on the positioning precision. To this end, we computed and plotted the global spatial distribution map of the relative positioning dilution of precision for single-day solution, half-hour solution, and single-epoch solution of the global positioning system (GPS), regional Beidou navigation satellite system (BDS2), future global Beidou navigation satellite system (BDS3), and their fusion systems. Using processing software with autonomous intellectual property rights (GCN and VENUS/ARSNet), we solved the measurement data and examined the positioning precision of the single-day solution and single-epoch solution of GPS and BDS2. The analysis demonstrated that the B1/B2 frequency positioning precision of BDS2 was better than that of L1/L2 frequency positioning of GPS, but the positioning precision of the BDS2 is worse than that of GPS over most of the service region of the BDS2. Further, the positioning precision of BDS3 is better than that of GPS in the Asia-Pacific region, while it is the opposite in other regions. Based on these conclusions, we put forth some optimization recommendations regarding the signal frequency of the navigation system and GPS measurement standards to serve as references for optimizing the system performance and formulating standards. [ABSTRACT FROM AUTHOR]

Patent rights are recognized as a property asset with an attendant right to exclude. However, recent policy developments highlight that the right to exclude is not inviolable. This paper explores two rapidly evolving exceptions to patent exclusivity, both of which take the form of compulsory licenses. First, under the international Agreement on Trade-Related Aspects of Intellectual Property Rights ("TRIPS"), national governments can compel patent owners to out-license technology in service of greater good. These egalitarian compulsory licenses improve access to technology but undermine patent value. Second, compulsory licenses are increasingly relied upon as an equitable remedy in U.S. patent litigation. Typically referred to as "ongoing royalties," these court-mandated compulsory licenses are a modern alternative to injunctions against adjudged infringers. TRIPS compulsory licenses and ongoing royalties arise under independent legal frameworks, but necessarily invoke parallel economic considerations. While the wisdom of each has been discussed at length by others, this paper explores principles of royalty determination employed in each context. Considering both frameworks, an analysis of where each succeeds and fails is provided, together with an exploration of optimized royalty frameworks.

In copyright law, the useful articles doctrine plays a significant role in defining the limits of copyright's domain and the boundary between copyright and patent. But the implicated notion of "conceptual separability" has proved to be difficult to define, and the Supreme Court's effort to define it in the recent case Star Athletica, L.L.C. v. Varsity Brands, Inc. is unsatisfying. In an effort to resolve this challenge, the present paper puts forth a novel test for conceptual separability, one that draws inspiration from the philosopher's idea of conceivability. The test is the following question: "When you conceive of the relevant useful article as lacking the design element in question, is the article you imagine functionally identical to the actual article?" If the answer to this question is yes, then the design element is conceptually separable from the article's utilitarian aspects; if not, then the element has failed the test, and it is not entitled to copyright protection. The present paper explores why this novel proposal avoids many of the pitfalls of existing tests (including the Court's own in Star Athletica), why it best achieves the aims of the useful articles doctrine, and what questions remain once the challenge of conceptual separability has been resolved. [ABSTRACT FROM AUTHOR]

Purpose Antimicrobial resistance is a public health threat even in countries exercising aggressive antimicrobial stewardship. A market failure is also causing lackluster innovation in antimicrobial medicines development. At the heart of the issue are antimicrobial stewardship guidelines that, rightfully, reserve innovative antimicrobials for emergency situations that arise due to multidrug-resistant organisms. This suppresses revenues and research and development (R&D) investment incentives of manufacturers. The public policy makers and researchers have taken aim at the problem. The researchers have published strategies to encourage the production of innovative antimicrobials, while policy makers have taken legislative steps to address the issue. Most notably, the USA enacted the Generating Antibiotic Incentives Now (GAIN) act in 2012 and the EU created a commission to formally study possible policy solutions. The paper aims to discuss these issues.Design/methodology/approach In this paper, the authors describe incentives that drive pharmaceutical R&D and review the impact of a number of R&D stimulus policies in other pharmaceutical markets. The authors also discuss which policy levers are useful to boost R&D of new antimicrobials.Findings The authors find that a policy focused on extending intellectual property rights, as implemented in the GAIN act, are unlikely to be impactful. Instead, the authors see a need for the revision of the procurement policy to move away from paying per prescription and toward licenses and advanced market commitment models. Further, the authors note that the importance of steadfast public investment in basic biomedical research as it has been repeatedly shown to boost innovation.Originality/value The authors hope that the work can support the refinement of the GAIN act and the EU efforts. [ABSTRACT FROM AUTHOR]

U.S. IP law has grappled with the issue of non-human authorship and inventorship since the middle of the twentieth century when computer systems were first used in the generation of music and imaginative ideas. Today's advanced Artificial Intelligence (AI) systems have "created" numerous works including musical compositions, art, writings, recipes, and potentially patentable inventions. However, common-law, along with the policies and procedures of the U.S. Copyright Office and the U.S. Patent and Trademark Office, rejects the idea of non-human authorship or inventorship. These doctrines are not based off statutory requirements but on assumptions about computer capabilities stemming from an analysis done in the midtwentieth century, almost 40 years ago. Other contributors to this question have denied that AI authorship should ever be allowed or that AI should be treated as inert tools of creation no different than cameras or photocopiers. However, both approaches fail to appreciate the independent creation of modern AI's that process information in ways much like human brains--well beyond simple mechanical devices using simple mathematical algorithms. Thus, this paper argues for recognition of AI authorship and inventorship. To that end, this paper presents a framework to analyze when such rights should be recognized based on (1) the subject matter (i.e., independence of the work) and (2) the causation (i.e., independence of the AI). In addition, the framework introduces an IP rights assignment regime like "work-for-hire" and "employed-to-invent" based on the nexus between the AI and the natural persons programming and/or using it. This approach avoids the complication of naming an AI as a legal or natural person under the law. [ABSTRACT FROM AUTHOR]

Nineteenth and twentieth century developments in corporations' legal duties involving "public relations" activities gave rise to professional public relations practice. During the nineteenth and early twentieth centuries, court cases, trade press, and the popular press used the term "public relations" to refer to the status of an organization and certain expected behaviors. As corporations and utilities grew in the late nineteenth century these "public relations" responsibilities were applied to them creating a legal requirement of transparency, disclosure, and good faith actions. Examining court decisions and the popular press this paper shows how this application of the term "public relations" to corporations had a relationship with public relations practice. Implications for public relations historiography and American public relations development are discussed. [ABSTRACT FROM AUTHOR]

In an era which marks an exceptional phase of growth in science and technology, the acute disparities in access to healthcare still persist. So where on one hand scientific advancement in medicine aims at increasing life expectancy, on the other hand there are millions who are denied access to existing medicines. Patents on medicines also pose a significant barrier to access new drugs, especially in low and middle income countries which already suffer from poor health financing mechanisms. The patent laws were built on the assumption of incentivizing the innovators by rewarding them with the exclusive right to produce, sell or market the innovation. The basic premise for granting patents was based on the thought that it would increase investment in research and development promoting dynamic gains through newer innovations. However, evidence found to support this justification is meager. So in a situation where the drug gap still persists and we aim to achieve sustainable development goals by 2030, this paper attempts to focus on understanding how compulsory licensing has been used in selected cases to alleviate the major legal and political barriers to access medicines. The methodology comprises of cross-country comparison of patent framework and compulsory licensing cases. The sample selected for study includes both developed as well as developing countries. The aim is to evaluate the policy approaches used by selected countries to grant compulsory licenses and to identify the best practices for evidence-based policy making on international issues related to pharmaceutical patents. In each case, a driving factor has been the international extension of patent laws through trade agreements; first bilaterally (US-Canada) and subsequently internationally (1995 Uruguay round, under which low- and middle-income countries were granted a grace period until 2005 to comply). [ABSTRACT FROM AUTHOR]

How do intellectual property rights influence academic science? We investigate the consequences of the introduction of software patents in the United States on the publications of university researchers in the field of computer science. Difference-in-difference estimations reveal that software scientists at US universities produced fewer publications (both in terms of quantity and quality) than their European counterparts after patent rights for software inventions were introduced. We then introduce a theoretical model that accounts for substitution and complementarity between patenting and publishing as well as for the direction of research. In line with the model's prediction, further results show that the decrease in publications is largest for scientists at the bottom of the ability distribution. Furthermore, we evidence a change in the direction of research following the reform toward more applied research. [ABSTRACT FROM AUTHOR]

Reflecting the trend in the business community, universities are increasingly investing in intellectual property rights. But they are often unsuccessful in realizing licensing revenues that provide adequate return on investment. This paper considers how auctions could potentially increase licensing efficiency and make university intellectual property transactions more productive. The paper begins by placing the auction in the universe of possible transaction forms and considers how well it aligns to the unique nature of university rights. Penn State's recent patent auctions provide useful context. The paper then provides recommendations to modify the auction structure for maximum benefit in university intellectual property transactions. [ABSTRACT FROM AUTHOR]

Patent ownership Fragmentation following the U.S. pro-patent shifts has built overlapping intellectual property rights or patent thickets. This has made the use of others' innovations costlier due to transaction costs, licensing fees, and hold-up. Using panel data on 2,441 public U.S. manufacturing firms for 1976–2002, I find that patent thickets lower firms' expected profit and their market value. I also find that firms with a large patent portfolio experience a smaller effect, likely because stronger bargaining position lowers the hold-up likelihood. There is no systematic time effect from patent thickets on firms' market value with a large patent portfolio size. [ABSTRACT FROM AUTHOR]

The Civil War greatly influenced the growth and importance of arms-related intellectual property in the Nineteenth Century. Several legal disputes arose due to the U. S. Government's use of intellectual property to modernize its armed forces after the War. Given the subject matter of the inventions at issue, it is not surprising that many of the inventors who were ultimately opposed to the Government in legal disputes over arms-related patents after the Civil war, were also U. S. military officers then or before. This paper examines post- Civil War, Nineteenth Century firearm patent litigation against the U.S. Government, the Government's most common legal defenses against arms-related claims brought by inventors, and how the claimants reacted to those defenses. [ABSTRACT FROM AUTHOR]

ABSTRACT Several previous studies have examined the relationship between intellectual property rights (IPR) protection, exports, and FDI independently. However, very few prior analyses jointly examined the linkages between IPR protection and multiple modes of international transactions. This paper investigates how foreign IPR protection affects how US firms jointly serve overseas markets through exports and FDI. Using both static pooled regressions and a dynamic panel GMM estimator on a panel data of 53 countries, we examine whether stronger foreign IPR protection stimulates US international transactions. The empirical results suggest that foreign countries that strengthen their IPR protection, especially those with strong imitative ability, can attract more international transactions from the USA. [ABSTRACT FROM AUTHOR]

As 3D printers become more widely available, additive manufacturing will challenge the traditional forms of intellectual property (IP) protection in a significant way. This paper presents an integrated technical and legal discussion on IP concerns related to additive manufacturing. It discusses the key technology concepts driving the IP issues as well as giving an overview of how the current U.S. legal system addresses these concerns. The paper then provides insight into approaches that are being adopted to address some of the emerging issues as well as to streamline and update the IP protection capabilities of the international community. Finally, some recommendations are provided regarding potential policy directions that could be taken by the United States to protect IP while still enabling innovation. [ABSTRACT FROM AUTHOR]

This paper aims at investigating comparatively the ethical orientation of information technology (IT) professionals in the Middle East and the United States. It tests for attitudes toward and awareness of ethically-related issues, namely intellectual property, privacy and other general ethical IT aspects. In addition, through a comparison between the two regions, this paper intends to examine whether differences in IT professional demographics and characteristics, including gender and academic level, have any impact on attitudes to business ethics. A t test is used to establish significant differences between the targeted samples, while an ANOVA F- test is conducted to determine significant differences among the sample countries on a group basis. The results show a general awareness of ethical issues concerning information technology, and no significant differences are found between the two samples. However, different ethical attitudes are reported among respondents in terms of their reactions to the targeted IT ethical aspects. On an individual sample basis, the results about gender support the claim that male and female respondents are different, while mixed results are revealed for the influence of academic level on attitudes towards IT ethics. For intellectual property, the results are significant regarding ethical attitude differences between Middle-Eastern professionals and their counterparts in the US, while no significance differences are reported in terms of privacy. [ABSTRACT FROM AUTHOR]

Introduction: Concerns about reproducibility and impact of research urge improvement initiatives. Current university ranking systems evaluate and compare universities on measures of academic and research performance. Although often useful for marketing purposes, the value of ranking systems when examining quality and outcomes is unclear. The purpose of this study was to evaluate usefulness of ranking systems and identify opportunities to support research quality and performance improvement. Methods: A systematic review of university ranking systems was conducted to investigate research performance and academic quality measures. Eligibility requirements included: inclusion of at least 100 doctoral granting institutions, be currently produced on an ongoing basis and include both global and US universities, publish rank calculation methodology in English and independently calculate ranks. Ranking systems must also include some measures of research outcomes. Indicators were abstracted and contrasted with basic quality improvement requirements. Exploration of aggregation methods, validity of research and academic quality indicators, and suitability for quality improvement within ranking systems were also conducted. Results: A total of 24 ranking systems were identified and 13 eligible ranking systems were evaluated. Six of the 13 rankings are 100% focused on research performance. For those reporting weighting, 76% of the total ranks are attributed to research indicators, with 24% attributed to academic or teaching quality. Seven systems rely on reputation surveys and/or faculty and alumni awards. Rankings influence academic choice yet research performance measures are the most weighted indicators. There are no generally accepted academic quality indicators in ranking systems. Discussion: No single ranking system provides a comprehensive evaluation of research and academic quality. Utilizing a combined approach of the Leiden, Thomson Reuters Most Innovative Universities, and the SCImago ranking systems may provide institutions with a more effective feedback for research improvement. Rankings which extensively rely on subjective reputation and “luxury” indicators, such as award winning faculty or alumni who are high ranking executives, are not well suited for academic or research performance improvement initiatives. Future efforts should better explore measurement of the university research performance through comprehensive and standardized indicators. This paper could serve as a general literature citation when one or more of university ranking systems are used in efforts to improve academic prominence and research performance. [ABSTRACT FROM AUTHOR]

US copyright law protects authors and publishers. The law has not been updated in decades despite dramatic changes in the production and distribution of printed and digital scholarly books and articles. What was the evolution of current copyright law? What calls for copyright reform are now gaining traction? Where should the scholarly publishing community come down on the question of reform? This paper provides some recommendations in response to these questions. [ABSTRACT FROM AUTHOR]

Nation-states take steps to prevent the theft of domestic entities' trade secrets and other intellectual property ("IP"). The United States has issued complaints, passed laws, and implemented initiatives and sanctions targeting China's unfair and illegal economic practices, which include trade-secret theft. Although China has responded by amending its civil, criminal, and administrative trade-secret regime, foreign companies still routinely struggle with thefts connected to China. The semiconductor industry-essential to daily-life, commercial, and military needs-is one of the most brutal battlegrounds of today's IP and tech wars. A leader in the industry is the Taiwanese semiconductor sector, which, along with the Taiwanese government and like-minded democracies, must confront a particularly complex set of economic, security, and geopolitical challenges from China. Currently, poor grasp of cross-border trade secret thefts has greatly weakened sincere efforts to deal with the grave threat posed by China. In this Article, I cross-analyze empirical quantitative and qualitative data regarding U.S. and Taiwanese semiconductor trade-secret litigation to better understand the dynamics of Chinese trade-secret theft. I propose that individuals, companies, governments, and international organizations should respond to trade-secret threats by restoring trust within a geopolitical economic framework, rather than by pursuing purely legalistic IP approaches. [ABSTRACT FROM AUTHOR]

This paper is a critique of the current US patent system along general consequentialist lines. I present a pro tanto case against it because of its effects on scientific inquiry. The patent system is often thought to be justified (or necessary) because it provides incentives to innovate. I challenge this concern. Economists and legal scholars have spent a good portion of time analyzing particular aspects of the patent system. I here synthesize their work, showing how it amounts to a pro tanto moral case against patents. This is the case even though patents are said to incentivize innovation, its disclosure, and its transfer to interested parties. I explore all of these possibilities, finding them to only weakly (at best) support the institution of patent rights. Juxtaposing this weak case for patents along with various problems that patents cause for science, we find a pro tanto case against our current patent system. To my knowledge, no one has tried to synthesize the various concerns I raise, with particular attention to not only the patent’s system purported ability to incentivize innovation, but also to disclose and transfer technology. [ABSTRACT FROM AUTHOR]

The article highlights decision of few Minnesota courts in cases related to intellectual properties laws, as of April 2019. Several cases discussed include "Fourth Estate Pub. Benefit Corp. v. Wall-Street.com LLC," related copyright registration required for bringing infringement claim; and "Haddley v. Next Chapter Tech., Inc." on issue related to failure to produce original copyrighted work fatal to infringement claim.

In March 2017, the U. S. Supreme Court published its opinion in Star Athletica, LLC v. Varsity Brands, Inc.; in September of 2019, the Court of Justice of the Euro - pean Union published its opinions in Cofemel v. G-Star Raw CV; and in June 2020, its opinion in Brompton Bicycle Ltd v. Chedech. The American case treats the copyrightability of a design on cheerleading uniforms, and the European cases treat the copyrightability of the design of denim jeans and the design of a folding bicycle, respectively. Copyright protection for articles of clothing and designs differs markedly between the United States and Europe, but this particular trio of high court cases constrlies something more fundamental while parsing the contours of useful articles under their respective laws: they draw attention to the existing legal landscapes for determining originality. If originality is the sina qua non of copyright law, per 1991' s U. S. Supreme Court opinion in Feist Publ 'ns v. Rural Tel. Serv. Co., then these cases, and the laws and cases they rely on, present some new-and some old-guidance and lingering questions regarding the very underpinning of copyrightability. This paper explores and compares American and European law, underscores similarities between them and inconsistencies within them, and concludes that originality remains an essentially intimate, human faculty, and one that escapes legal definition across creative media. That said, aspects of copyright law save it from itself, for example by conferring stronger protection on works that demonstrate a higher saturation of creativity. As the digital economy grows and shines a light on the distinctions between individual jurisdictions' copyright laws, the modest-but steadfast-hurdle to copyrightability remains indicia of ideation, imagination, and individuality. This is especially important right now as countries consider whether artificial intelligence is or should be eligible to claim authorship in the works they produce. While "author's own intellectual creation" is European verbiage describing the floor for authorial originality for the Member States of the European Union, it is equally serviceable in the United States and elsewhere. Because the types of works considered copyrightable are potentially expanding on both sides of the At-lantic based on the Court decisions listed above, it is important to demonstrate, firstly, that originality in a work is not a foregone conclusion and, secondly, that many jurisdictions share an approach, if not a specific test or definition, for finding originality. [ABSTRACT FROM AUTHOR]

Background Context: The Physician Payments Sunshine Act requires manufacturers of drugs, medical devices, medical supplies, and biologics to record all financial relationships with physicians in the Open Payments database with the goal of increasing transparency for patients and the general public. The majority of total money going to orthopedic surgeons has been found to go to a small number of surgeons in the form of royalties and licensing payments. This category of payment is intended to compensate physicians for use of their intellectual property. However, little research has been done to investigate the degree to which these physicians own intellectual property.Purpose: To the authors' knowledge, the association between patents and industry payments to orthopedic surgeons has not been explored. We quantify the association between the patents and academic productivity of orthopedic spine surgeons and the amount of royalty and licensing fees they receive. We then compared this with the associations observed for other categories of payments.Study Design: Cross-sectional study METHODS: Top royalty and licensing earners, defined as those who collectively earned 50% of all royalty and licensing payments over the period August 2013-December 2018, were identified. The h-index, publication count, and patent count of this group were compared with top earners of other payment categories using the Mann-Whitney U test. The association between (1) earnings and patent counts, (2) earnings and manuscript counts, and (3) earnings and h-index among the top royalty and licensing earners was assessed using Spearman correlation.Results: Top royalty and licensing earners had significantly more patents than every comparison group except the top earners of money derived from ownership in a biomedical company. For this one exception, there was a trend toward the top eight royalty and licensing earners having more patents (p=.054). The top royalty and licensing earners had significantly more manuscripts than three of the five comparison groups and significantly higher h-indices than four of the five comparison groups. Among the top royalty and licensing earners, receiving more royalty and licensing payments was associated with holding more patents, but not with publishing more papers or having higher h-indices.Conclusions: There is a strong association between the number of patents authored by individual orthopedic spine surgeons and the amount of royalty and licensing fees they receive from industry. This supports the hypothesis that these payments serve as compensation to inventor-surgeons for their intellectual property.Clinical Significance: Our findings provide new, important context for the largest category of industry payments to orthopedic spine surgeons and suggests that physicians' patents should be considered when evaluating financial transactions between industry and physicians. [ABSTRACT FROM AUTHOR]

Humankind has always sought to solve problems. This impetus has transformed hunters and gatherers into a society beginning to enjoy the fruits of the fourth industrial revolution. As part of the fourth industrial revolution, and the increased computing power accompanying it, the long-theorized concept of artificial intelligence ("AI") is finally becoming a reality. This raises new issues in myriad fields--from the moral and ethical implications of replacing human activity with machines to who will own inventions created by AI. While these questions are worth exploring, they have already received a fair amount of coverage in popular and theoretical writing. This paper will take a different direction, focusing on the current and near-future issues arising on the ground at the intersection of AI and intellectual property ("IP"). After providing a brief overview of AI, we will analyze legal issues unique to AI, including access to data, patent requirements, open source licenses and trade secrecy. We will then suggest best practices for obtaining and preserving IP protection for AI-related innovations through the United States and European Union IP systems.1 By addressing these issues, the intellectual property system will be better positioned to do its part in unlocking AI's immense potential. [ABSTRACT FROM AUTHOR]

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The relationship between copyright and freedom of expression has long been debated. Unlike the legal discourse in other jurisdictions, most notably the United States, where it is assumed that free speech and copyright do not collide, in Europe both rights have separate legal effect and are considered to be of equal importance. As a result, when an individual refers to the human right of free speech to hold and impart copyright protected material, it triggers the collision between the two rights. This paper highlights and explores these relationships between copyright and freedom of expression in Europe, offering an in-depth analysis of the human rights scope of copyright and free speech, as well as examining the circumstances under which each conflicting right should prevail. [ABSTRACT FROM AUTHOR]

In recent decades, a number of fantastically successful, mainly American, MNEs--led and epitomised by the "Four Horsemen", Apple, Amazon, Facebook and Google, but also extending beyond the tech sector--have earned huge profits, while paying very low global taxes, through their use of IP. Since intellectual property, in contrast to tangible property, generally lacks a clear location, it empowers corporate tax avoidance at the expense of both the production countries where the MNEs' high-value owner-employees live, and the market countries where their customers live. This two-part article assesses the challenges posed for countries' international tax systems by the rise of mobile intellectual property, including but not limited to the case where it is embodied in a digital platform. Part One in this issue assesses the challenges posed for the traditional income tax concept of source, and for the OECD's proposed focus on the site of "value creation". Part Two in the next issue will focus on proposals to shift taxing rights towards market jurisdictions that may enjoy location-specific rents with regard to the MNEs' access to their consumers, including via the use of DSTs. [ABSTRACT FROM AUTHOR]

‘Food sovereignty’ must necessarily encompass ‘seed sovereignty’. Corporate appropriation of plant genetic resources, development of transgenic crops and the global imposition of intellectual property rights are now widely recognized as serious constraints on the free exchange of seeds and the development of new cultivars by farmers, public breeders and small seed companies. In response, an Open Source Seed Initiative (OSSI) has been launched in the United States to apply legal mechanisms drawn from the open source software movement to plant breeding. An open source license is a tool constituted by the provisions of contract law. It is a tool of the master inasmuch as the structure of the legal system has been designed to facilitate the activities of the dominant stakeholders in the overarching social formation. This paper assesses the problematics of re-purposing such a tool by examining the issues that have been raised in OSSI's efforts to develop its licenses and to transmit its sense of their potential to prospective allies. Through an examination of the expressed positions of La Vía Campesina and Navdanya on the nature of ‘seed sovereignty’, the compatibilities and disjunctures of OSSI's stance with those of potential allies in the food sovereignty movement are assessed. [ABSTRACT FROM PUBLISHER]

Protecting intellectual property is crucial for R&D managers. The Leahy-Smith America Invents Act (ALA), which overhauled the US patent system in order to reduce litigation and bring US patent practices into line with international systems, offers new opportunities and challenges in this arena. AIA focuses on improving efficiency, increasing transparency, and harmonizing with other national patent regimes. In pursuit of these aims, the law introduced several key changes: eliminating the requirement for "best mode" disclosure, expanding the definition of prior art, moving from first-to- invent to first-to-file as the key criteria for patent eligibility, and adding post-grant review, among others. Using two familiar frameworks, the patent life cycle and the Stage-Gate model for new product development, the paper explores how AIA impacts R&D managers' considerations around intellectual property. The law comes with added risks for R&D managers, who now must evaluate the commercial potential of innovation much earlier (with a larger set of stakeholders), while maintaining more secrecy than was required under the old regime. The demands of AIA require that R&D managers become more important members of the enterprise's strategic team. INSET: AIA: How Will It Impact Innovation?. [ABSTRACT FROM AUTHOR]

The recording industry and Hollywood in general have responded to declining music sales by attempting to expand excessively intellectual property protection, domestically through the proposed, yet indefinitely postponed, Stop Online Piracy Act and the Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act, and internationally through the Anti-Counterfeiting Trade Agreement and the intellectual property provisions of the Trans-Pacific Partnership Agreement. Such legislation restricts free speech, reduces innovation, and weakens due process rights on the internet. This paper proposes an alternative revenue-generating strategy--bespoke musical recordings that would be privately auctioned rather than publicly released. For example, a recording of Anne-Sophie Mutter playing a piece she has never publicly performed would be sold to a music lover or an investment fund as a one-of-a-kind recording, as unique as an Artemisia Gentileschi painting or a Camille Claudel sculpture. Besides providing the recording industry with additional revenue, bespoke recordings would generate more income for musicians, augment funds for music outreach programs and other music nonprofits, and increase the chances of discovering new musical talent. Similarly to many new markets, it would take time for such recordings to generate substantial revenue. To aid the development of a fluid market for bespoke recordings, numerous new legal and institutional arrangements would be established, including a bespoke recording registry, tailored contractual agreements, anti-counterfeit protections, and a secure bespoke recording storage facility. By facilitating an extreme form of ownership for isolated recordings, we might prevent the overall expansion of the intellectual property regime. [ABSTRACT FROM AUTHOR]