Search results for "Industrial property"
showing 4 items of 4 documents
Different regulatory models of transfer of industrial property rights in the Baltic States: A plea for harmonized approach
2016
AbstractThe authors explore different models of transfer of industrial property on a comparative basis. The article demonstrates that these models differ on a country level and several models may be in use in one legal system. The authors analyze strengths and weaknesses and legal implications of these models in the three Baltic States both at the regulatory level and at the practical level through case studies. The authors conclude that would be preferable to use the model under which the register is vested with negative publicity and the transfer of ownership of industrial property is not made dependent on its recordation.
Comparing the legal treatment of employee-created intellectual and industrial property from a labour law perspective
2020
Under Spanish law, different intellectual creations, including those by employees, may be dealt with differently from a legal perspective. Works with authors' rights are regulated by the Spanish intellectual property law. In contrast, inventions made under a labour relationship, which may be used for industrial purposes, are regulated by industrial property laws and are thus governed by the Spanish patent and brands law. From a labour law perspective, this paper compares the two bodies of legislation to identify and justify the similarities and differences. The shortcomings of the legislation are highlighted and proposals for resolving these shortcomings are suggested based on synergies bet…
Patents, Competition, and Firms’ Innovation Incentives
2014
This paper presents fresh evidence on the interaction between industrial property rights (patents) and competition, and their joint effect on firms’ innovation. We use panel data of Spanish manufacturing firms for 1990–2006, as well as external information on European Patent Office and US Patent Office patent counts. We construct a new synthetic measure of competition and estimate the impact of patents on this measure at the industry level. Then, the effect of industry-wide competition and patenting on firms’ innovation is estimated at the firm level. Our results suggest that patents reduce the level of competition in the industry, whereas the effect of competition on innovation varies with…
Intellectual property from a labour law perspective: the transfer of authors' rights in labour relationships
2020
This article analyses Spanish intellectual property law to establish whether formalised employment contracts are associated with the transfer to employers of the economic rights to works created by employees. This analysis is limited to the legal treatment of employee-created literary, artistic and scientific works, which are subject to authors' rights and are protected by intellectual property law. The study does not include inventions created in a labour relationship, which are regulated by legislation on patents and brands, and are thus dealt with differently according to industrial property rights.