Adapting enforcement strategies to local cultures

|   Lectures

K. Hinkelmann, East Meets West Forum 2005, European Patent Office, Wien, 24.11.2005

The strategy for enforcing an Intellectual Property (IP) Right is affected by IP awareness levels, i.e., whether inventions are considered to belong to the public or to individual persons or companies. For example, Confucianism would consider copying and imitating as a legitimate, positive way of learning. The way business is conducted and conflicts are resolved is of similar importance. Direct personal relations and networks of relationships are of greater importance in Asian countries than in Western countries; disputes are frequently settled out of court (civil litigation has a negative connotation) and courts have little experience of civil cases. These factors and their influence on enforcement strategy are analyzed.

 

 Adapting enforcement strategies to local cultures
Klaus Hinkelmann
East Meets West Forum 2005, European Patent Office, Wien, 24.11.2005