Contents

## **Preface XI**


## Preface

The purpose of the book *Intellectual Property Rights* is to provide basics of IPR, which cov‐ ered various topics dealing with an "Introduction to Intellectual Property Rights," "Patent‐ ing in the Pharmaceutical Industry," "Towards More Inclusive IP Analysis by Frontier Tools," "Patent Data in Economic Analysis," "How to Elaborate and Interpret an Expert Re‐ port on the Design Area," and "Host-Country Patenting and Inventorship in Emerging Countries."

The individual contributions in this book provide state-of-the-art reviews by subject experts on intellectual property rights.

The chapter by Sakthivel **Lakshmana Prabu, Timmadonu Narasimman Kuppusami Suriyap‐ rakash,** and **R. Thirumurugan** provides an overview of the development of intellectual prop‐ erty rights and their impacts. The topic also covers various properties like patents, copyrights, trademarks, geographical indications, protection of undisclosed information, layout design of integrated circuits, industrial designs, traditional knowledge, and plant varieties.

**Risa Kumazawa** focuses on the returns to R&D expenditure on "Patenting in the Pharma‐ ceutical Industry," using a panel data of 29 countries. Due to the unique situation in the in‐ dustry that come from the patent being the new drug and additional clinical trials which must be conducted for safety and efficacy, the pharmaceutical industry is analyzed alone. The results indicate that for patent applications filed with the EPO, non-EPC (European Pat‐ ent Convention) countries have a larger propensity to patent than EPC countries. For USP‐ TO and triadic family applications, countries other than the USA, Japan, and European countries have higher returns to their pharmaceutical R&D. The results are expected to be larger if the developing countries such as China, Brazil, and India are also showing impor‐ tance in R&D expenditure and patenting.

**Yoshiyuki Osabe** and **Mari Jibu** focus on more inclusive IP analysis by frontier tools. This chapter introduces multilateral analysis on IP rights: (1) a new indicator "Innovation Front" and its use, (2) analysis of patent quality, and (3) future prospect in pharmaceutical field. Through these items, more inclusive IP analysis has been conducted. We introduce the ori‐ gin, trajectory, and destination of knowledge spillovers in the science and technology sys‐ tem, especially in the pharmaceutical field. "Innovation Front" is also covered, where it is possible to find major hot spots in basic research, which give a great influence to technolo‐ gies. Readers of this chapter will find (1) the major hot spots in basic research, (2) patent quality analysis ranging from basic research to application research, and (3) an overview of drug R&D and future competitiveness in pharmaceutical field.

**Rafał Wisła** discusses patent data in economic analysis. This chapter discussion comprises the following issues: the gist of a patent monopoly, the evolution of opinions on the benefits and costs of a patent monopoly, and the possibilities and limitations of utilizing patent sta‐ tistics in the quantification of economic processes. This chapter is of a review and methodo‐ logical character. The analysis conducted within the text leads to two groups of conclusions. One of them concerns the shortcomings and limitations of patent databases, while the other concerns the identification of scientific exploration fields by means of patent metadata.

**Olga Ampuero-Canellas, Jimena Gonzalez-del-Rio, Begoña Jorda-Albiñana,** and **Nereida Tarazona-Belenguer** focus on how to elaborate and interpret an expert report on the design area. Design has become a strategic element for companies, and every year, there is a grow‐ ing number of companies and designers who request for industrial property protection (trademarks, patents, industrial designs, etc.). However, all these protection efforts do not prevent cases of unfair competition and we find many lawsuits and trials focus on possible plagiarism between two designs. Since not all judges or lawyers are trained in this disci‐ pline, it is essential to consult a design expert. The expert opinion is summarized in a report that is part of the materials used in the judicial process. This work focuses on these reports centered on design issues like brands, packaging, graphic design, or industrial products and has two goals: to give some guidelines for the elaboration of these reports to design experts and to set some keys to interpret and correctly understand this design reports to all that persons not expert in design. Methodology, guidelines, and conclusions that appear in this paper are the result of the work developed by the authors in the last 10 years. Conclusions of this chapter focus on a set of guidelines to elaborate and interpret correctly an expert re‐ port on the design area.

**Alexander Gerybadze** and **Daniel Sommer** focus on "Host-Country Patenting and Inven‐ torship in Emerging Countries." They analyze the increasing globalization of worldwide R&D with a focus on emerging countries, by using patent data as a proxy. The number of host-country patents has skyrocketed in the emerging countries, e.g., the number of US pat‐ ents created by foreign inventors in China and India has more than decoupled between 2000 and 2013. At the same time, emerging countries like China, Korea, India, Israel, Brazil, and Russia have significantly increased their patenting efforts, with China attaining rank 3 with more than 10% of all worldwide PCT patents in 2013, up from position No. 9 in 2000. There‐ by, the former dominance of the triadic countries has been reduced considerably. This chap‐ ter concludes that the flow of innovation in emerging countries is not a one-way street anymore, but rather goes in both directions.

This book covers the entire spectrum of intellectual property globally and gives insight to the readers of IPR.

> **Sakthivel Lakshmana Prabu** Anna University (BIT Campus) Tamil Nadu, India

**Timmadonu Narasimman Kuppusami Suriyaprakash** Al Shifa College of Pharmacy, Perinthalmanna Kerala, India **Genesis of IPR and Pharmaceutical Patenting**

**Rafał Wisła** discusses patent data in economic analysis. This chapter discussion comprises the following issues: the gist of a patent monopoly, the evolution of opinions on the benefits and costs of a patent monopoly, and the possibilities and limitations of utilizing patent sta‐ tistics in the quantification of economic processes. This chapter is of a review and methodo‐ logical character. The analysis conducted within the text leads to two groups of conclusions. One of them concerns the shortcomings and limitations of patent databases, while the other concerns the identification of scientific exploration fields by means of patent metadata.

**Olga Ampuero-Canellas, Jimena Gonzalez-del-Rio, Begoña Jorda-Albiñana,** and **Nereida Tarazona-Belenguer** focus on how to elaborate and interpret an expert report on the design area. Design has become a strategic element for companies, and every year, there is a grow‐ ing number of companies and designers who request for industrial property protection (trademarks, patents, industrial designs, etc.). However, all these protection efforts do not prevent cases of unfair competition and we find many lawsuits and trials focus on possible plagiarism between two designs. Since not all judges or lawyers are trained in this disci‐ pline, it is essential to consult a design expert. The expert opinion is summarized in a report that is part of the materials used in the judicial process. This work focuses on these reports centered on design issues like brands, packaging, graphic design, or industrial products and has two goals: to give some guidelines for the elaboration of these reports to design experts and to set some keys to interpret and correctly understand this design reports to all that persons not expert in design. Methodology, guidelines, and conclusions that appear in this paper are the result of the work developed by the authors in the last 10 years. Conclusions of this chapter focus on a set of guidelines to elaborate and interpret correctly an expert re‐

**Alexander Gerybadze** and **Daniel Sommer** focus on "Host-Country Patenting and Inven‐ torship in Emerging Countries." They analyze the increasing globalization of worldwide R&D with a focus on emerging countries, by using patent data as a proxy. The number of host-country patents has skyrocketed in the emerging countries, e.g., the number of US pat‐ ents created by foreign inventors in China and India has more than decoupled between 2000 and 2013. At the same time, emerging countries like China, Korea, India, Israel, Brazil, and Russia have significantly increased their patenting efforts, with China attaining rank 3 with more than 10% of all worldwide PCT patents in 2013, up from position No. 9 in 2000. There‐ by, the former dominance of the triadic countries has been reduced considerably. This chap‐ ter concludes that the flow of innovation in emerging countries is not a one-way street

This book covers the entire spectrum of intellectual property globally and gives insight to

**Sakthivel Lakshmana Prabu** Anna University (BIT Campus)

**Timmadonu Narasimman Kuppusami Suriyaprakash**

Al Shifa College of Pharmacy, Perinthalmanna

Tamil Nadu, India

Kerala, India

port on the design area.

VIII Preface

the readers of IPR.

anymore, but rather goes in both directions.
