Collopy, Bastian, Drye, Koempel, Lewis, Jenner (2014)
|Collopy, Bastian, Drye, Koempel, Lewis and Jenner (2014)|
|Title:||Measuring Infringement of Intellectual Property Rights|
|Author(s):||Collopy, D., Bastian, V., Drye, T., Koempel, F., Lewis, D., Jenner, P.|
|Citation:||Collopy, D., Bastian, V., Drye, T., Koempel, F., Lewis, D., & Jenner, P. (2014). Measuring Infringement of Intellectual Property Rights.|
|Link(s):||Definitive,Definitive , Open Access,Open Access|
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|About the Data|
|Data Description:||In the literature review, 28 studies regard trade marks and offline copyright infringement, 23 studies concerc online copyright infringement, 6 studies are about patent infringement, and 7 studies regard design rights infringement.
The researcher has sought 18 trade bodies’ views on IPR Infringement Research
10 responses to a questionnaire have submitted by the trade bodies’
7 Research Experts’ Views on Online Measurement of IPR Infringement have been sought
|Data Type:||Primary and Secondary data|
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|Data Analysis Methods:|
|Cross Country Study?:||No|
|Government or policy study?:||Yes|
|Time Period(s) of Collection:||
This wide-ranging review evidences a lack of appreciation among those producing research for the high-level principles of measurement and assessment of scale. To date, the approaches adopted by industry seem more designed for internal consumption and are usually contingent on particular technologies and/or sector perspectives. Typically, there is a lack of transparency in the methodologies and data used to form the basis of claims, making much of this an unreliable basis for policy formulation. The research approaches are characterised by a number of features that can be summarised as a preference for reactive approaches that look to establish snapshots of an important issue at the time of investigation. Most studies are ad hoc in nature and on the whole we found a lack of sustained longitudinal approaches that would develop the appreciation of change. Typically the studies are designed to address specific hypotheses that might serve to support the position of the particular commissioning body. To help bring some structure to this area, the paper proposes a framework for the assessment of the volume of infringement in each different area. The underlying aim is to draw out a common approach wherever possible in each area, rather than being drawn initially to the differences in each field.
Main Results of the Study
- There is a lack of appreciation among those producing research for the high-level principles of measurement and assessment of scale - There is a lack of transparency in the methodologies and data used to form the basis of claims, thus constituting an unreliable basis for policy formulation - The research approaches found are characterised by a preference for reactive approaches that look to establish snapshots of an important issue at the time of investigation - Most studies are ad hoc in nature and there is a lack of sustained longitudinal approaches that would develop the appreciation of change - Online copyright infringement is particularly focused on consumers, whereas patents and design rights are very much about relationships between businesses. Trademarks are of interest across a broader range of sectors, especially those that provide consumer-based products and services.
Policy Implications as Stated By Author
- The authors propose a framework for the assessment of the volume of infringement in each different area. The underlying aim is to draw out a common approach wherever possible in each area, rather than being drawn initially to the differences in each field. - The authors advocate on-going survey tracking of the attitudes, perceptions and, where practical, behaviours of both perpetrators and claimants in IP infringement. The key element of the survey structure is the adoption of a survey sampling methodology and smaller volumes of representative participation. Once selection is given the appropriate priority, a traditional offline survey will have a part to play, but as the opportunity arises, new technological methodologies, particularly for the voluntary monitoring of online behaviour, can add additional detail to the overall assessment of the scale of activity. - The costs involved with this common approach could be mitigated by a syndicated approach to the survey elements. Indeed, a syndicated approach has a number of advantages in addition to cost. It could be designed to reduce any tendency either to hide inappropriate/illegal activity or alternatively exaggerate its volume to fit with the theme of the survey. It also has the scope to allow for monthly assessments of attitudes rather than being vulnerable to unmeasured seasonal impacts.
Coverage of Study
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