Understanding And Profiting From Intellectual Property In International Business: Strategies Across Borders

335 Pages·2021·4.621 MB·English

by  Deli Yang

Deli Yang
Understanding
and Profiting from
Intellectual Property
in International
Business
Strategies Across
Borders
Understanding and Profiting from Intellectual
Property in International Business
Deli Yang
Understanding
and Profiting from
Intellectual Property
in International
Business
Strategies Across Borders
3rd ed. 2021
Deli Yang
School of Business
Trinity University
San Antonio, TX, USA
ISBN 978-3-030-54033-3 ISBN 978-3-030-54034-0 (eBook)
https://doi.org/10.1007/978-3-030-54034-0
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Tribute to Star Moon
For my Family and my Soul Pals
A
cknowledgments
With humbleness and gratitude, I acknowledge the profound support of
my family, friends, and professionals. My deep love for my granny trans-
forms into eternal gratitude and strength because she has made me who I
am. I appreciate my rounding force and loving husband, Maho, for being
my soul friend, and my Lolo and Lala for their unconditional love. I am
grateful to my parents and siblings for their care.
I am grateful to my soul friends: Maha, Hongyan, and Dezhen. I trea-
sure their shared belief, value, principles, care, humor, and laughter with
me. Their encouragement has given me the confidence and strength to
pursue excellence, as a person and as a professional.
I appreciate these professionals to motivate me to strive for the book’s
richness in data and stories, originality in arguments and structure, and
precision in presentation.
• The Palgrave Macmillan Publishing Group for making the various
editions available to business practitioners and analysts. I am grateful
for their patience, enthusiasm, and support: Marcus Ballenger,
Commissioning Editor of the third edition, and his team; Virginia
Thorp, senior commissioning editor of the second edition, and her
team; Sarumathy Datchinamurthy, and her production team for the
third edition.
• P.  Clarke, J.  Leontiades, J.  Morgan, R.  Ni, H.  Ntchatcho,
M. Pautasso, N. Sabharwal, and Geoffrey Yu for their professional
advice and encouragement.
vii
viii ACKNOWLEDGMENTS
• National government officials, and directors from the World
Intellectual Property Organization, United Nations, whom I have
interviewed.
• The executives, IP owners and authors that I have interviewed and
referenced. I appreciate their permission for me to use their work
(photos, interview contents, and publications).
c
ontents
1 Understanding and Profiting from Intellectual Property
in International Business: A Beginning 1
1.1 Focus and Structure 1
1.2 Objectives 1
1.3 Intended Readership 2
1.4 Methodological Delineation 2
1.5 Structure and Thematic Overview 3
1.6 A Beginning: A Route Map for the Book 8
Part I Intellectual Property Fundamentals 9
2 Intellectual Property Theories 11
2.1 Focus and Structure 11
2.2 Opener: Harry Potter and How Intellectual Property
Creates Wealth 12
2.3 Intellectual Property as a Concept 13
2.4 Scope of Intellectual Property 17
2.5 Common Characteristics of Intellectual Property 21
2.6 Dialectic Rationalization of Intellectual Property 24
2.7 Academic Schools of Thoughts on Intellectual Property 26
2.8 Closer: Badges of Allegiance or Trademark Use? 27
2.9 Intellectual Property Facts: 136 Years of World Patents 29
ix
x CONTENTS
2.10 Summary 32
References 36
3 Intellectual Property Systems 39
3.1 Focus and Structure 39
3.2 Opener: The Reward System—Virtue or Vice? 40
3.3 Three-Part Nation-Based Intellectual Property Systems 41
3.4 Intellectual Property Systems in the USA and China 43
3.5 An International Intellectual Property System 50
3.6 Closer: The Utility Model—In Need of Standardization! 54
3.7 Intellectual Property Facts: Grant Lags and Grant Ratios 58
3.8 Summary 63
References 66
Part II Intellectual Property Environments 71
4 Intellectual Property Impacts Political Economy 73
4.1 Focus and Structure 73
4.2 Opener: The Microchip That Has Transformed the World 74
4.3 Intellectual Property on Economic Growth 76
4.4 Intellectual Property on International Trade 78
4.5 Intellectual Property on Foreign Direct Investment 80
4.6 Intellectual Property on Welfare 81
4.7 Intellectual Property on Licensing 83
4.8 Intellectual Property on Technology Transfer and
Innovation 84
4.9 Other Impacts of Intellectual Property 87
4.10 Closer: Opening the Source of Software Technology 89
4.11 Intellectual Property Facts: Measurements of Intellectual
Property Systems 93
4.12 Summary 95
References 97
5 The Effects of Political Economy on Intellectual Property 101
5.1 Focus and Structure 101
5.2 Opener: Copyright or Copywrong? 101
CONTENTS xi
5.3 Political Systems on Intellectual Property 104
5.4 Legal Systems on Intellectual Property 106
5.5 Economic Systems on Intellectual Property 108
5.6 Closer: The ‘Hot Waves’ of Intellectual Property in China 110
5.7 Intellectual Property Facts: Income, Individualism, and
Piracy 112
5.8 Summary 115
References 117
6 Culture and Intellectual Property 119
6.1 Focus and Structure 119
6.2 Opener: Dazzling the World—The Indian Software
Explosion 120
6.3 Education and Intellectual Property 122
6.4 Religion and Intellectual Property 123
6.5 Social Stratification and Intellectual Property 124
6.6 Language and Intellectual Property 125
6.7 Closer: Color Marks—Transcending Language Barriers,
or Causing Disputes? 128
6.8 Intellectual Property Facts: Culture and Intellectual
Property in Figures 133
6.9 Summary 135
References 138
Part III Intellectual Property Management 141
7 Managing Intellectual Property Assets 143
7.1 Focus and Structure 143
7.2 Opener: The Spies Who Loved Pemberton 144
7.3 Corporate Contexts and Intellectual Property Assets 145
7.4 Managing Intellectual Property People 147
7.5 Managing Intellectual Property Portfolios 153
7.6 Closer: Down to Intellectual Property Feats and Ventures
of the Googlers 158