Dear Reader,
to abuse, it is free market operators to waive the articulation and implementation of valuable ideas with other words, they should refrain from creating intellectual property. In this case, however, is not compensate for the more economic problems, conflicting interests between sellers and buyers of intellectual market performance. As next-offers the possibility to publish only partial results of intellectual work, or to codify selected elements of knowledge and to keep any part of the innovative and creative knowledge tazit or not to publish. If it succeeds, the misuse of disclosed intellectual resources of the appropriation of confidential or inarticulate knowledge components from-making independently and with the current knowledge carrier or its site are very strongly tied ("sticky information"), you can Abuse attempts are foiled. are considered major causes and factors for such a knowledge-bound:
- measures to limit that author and owner of the diffusion of innovative and creative works of trying, for example, legal and technical safeguards
- the decision of information owners, access to intellectual achievements to make a charge, such as through the collection of license fee,
- the missing or incomplete codifiability creative skills as well as the specificity and details of their specific articulation, For example, in complex product innovations,
- the scale and complexity of the necessary information, for instance, you must master for the exploitation of intellectual property knowledge of an entire department.
These possible determinants limit the uncontrolled diffusion of intellectual resources, as in the case of their existence, they increase the time and effort especially financial abuse. The "degree of adhesion" of knowledge is thus an important determinant of the risk of abuse of intellectual property.
The importance of complementary resources tizipieren
market players who intend to illegally in foreign results of intellectual work to par, must have a rule on a number of complementary resources. use
To the question in-intellectually property for its purposes, may be causing the damage, for example, invest some in a highly context-specific skills, information and technology. Abuse aimed at the production and sale of principles Raubko, plagiarism and imitation need pirates and innovation followers sufficient manufacturing, distribution and marketing capabilities and access to markets.
The acquisition, development and / or development of these resources are often associated with time-and cost-intensive measures, such as learning or adjustment of the technical infrastructure. Tortfeasor must therefore be forced to hold over a longer period significant human capacity and use as needed. You also need to secure funding to make light of the implementation measures of abuse. Should it be denied tortfeasors to build complementary resources in a cost-effective manner, they lose to illegal practices as a treatment option more attractive. Of these Relationships can benefit abuse Threatened market players in many ways. The abuse prevention for the most important issues related to confidentiality of complementary skills and a protection of sensitive information and technologies are introduced in the following example. can
confidentiality of complementary skills
The reproduction, counterfeiting and intellectual property and share Change sometimes requires extensive tazites knowledge, share the one about socialization, but only in part by explication converted into codified knowledge. For example, the craftsmanship of to dominate sculpture or the engineering intricacies of product innovations in the high technology sector, must be traversed before an intensive training by qualified technical experts. It is therefore important to identify actors with market abuse and intentions to exclude from participation in the training and instruction. Can be avoided beyond direct personal contacts between knowledge institutions and tortfeasors, the latter are not in a position by merely observing and imitating abuse tazites relevant knowledge to take over. A similar effect is achieved the deliberate concealment or recoding of already codified knowledge, such as on the combination with specific technical terms whose meaning remains largely closed to outsiders.
protection complementary information
for the identification, recording and use of external knowledge is often required for complementary information and experience. The pattern emerging from this knowledge base, learning ability is referred to as absorptive capacity. Manages to authors and owners of innovative and creative works, potential tortfeasors the possibilities to develop absorptive capacities restrict undesirable behavior is difficult, hindered or even averted. Focus this should be on protection of information as soon as they are available to the public, can contribute to more economical realization of abuse. Such factors include knowledge of legal gray areas of the uncompensated appropriation of intellectual achievements or fee information on vulnerabilities of technical protection mechanisms.
fuse complementary technologies
The production and exploitation of intellectual property are bound according to its specific context of expression in certain technical conditions. A substantial part of those conditions must also meet actors who intend to results creative work to appropriate permission to use and the substitution of the making of copies or imitations. For example, to reconstruct complex medical devices, it needs tools on highly specific, expensive machinery and precision. If interested denied access to complementary technologies, they are unable to implement their intentions abuse. Such a situation can bring about in several ways. Thus, owners try to deprive potential tortfeasors complementary technologies, such as by entering into exclusive contracts with technology suppliers. Or strategically important technologies themselves are developed, with which the innovating firm retains the ability to control the publication of development results. Also there is the possibility of exploiting the technical potential to link to specific expertise. As an example of such an approach we think of CNC machine-NEN, are controlled for their control a complex programming language needs.
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