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Determinantes da adesão a tratados de patentes, 1970-2000: a Convenção de Paris e o Tratado de Cooperação de patentes; The determinants of the accession of the accession of patent treaties, 1970-2000: the Paris Convention and Patents Cooperation Treaty

Pereira Neto, Manoel Galdino
Fonte: Biblioteca Digitais de Teses e Dissertações da USP Publicador: Biblioteca Digitais de Teses e Dissertações da USP
Tipo: Tese de Doutorado Formato: application/pdf
Publicado em 30/09/2011 Português
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Neste trabalho investigamos os determinantes da adesão de países a dois tratados internacionais de patentes: A Convenção de Paris e o Tratado de Cooperação de Patentes (TCP). Por meio de um modelo hierárquico Bayesiano, apresentamos evidências de que fatores domésticos são importantes para predizer adesão aos tratados estudados. Porém, quais fatores são importantes dependem do tipo de tratado. Para o TCP, que é um tratado que visa reduzir custos de transação, a legislação doméstica de patentes não é relevante. Para a Convenção de Paris, que limita as opções de política na área de patente, a legislação doméstica é fator relevante. Nós mostramos também que os ganhos diretos de participar dos tratados, medido pelo número de patentes no exterior, é uma variável importante e positivamente associada à probabilidade de adesão a ambos os acordos. Apresentamos ainda evidências de que variáveis sistêmicas são importantes e que as mudanças no sistema internacional nos últimos 30 anos são fatores importantes para explicar a adesão.; In this paper we investigate the determinants of the accession of two international patent treaties: the Paris Convention and Patent Cooperation Treaty (PCT). Through a Bayesian hierarchical model...

Differences in the patent management in Brazilian companies with and without plants abroad

Pereira,Hilda Maria Salomé; Vasconcellos,Eduardo Pinheiro Gondim de
Fonte: Departamento de Administração da Faculdade de Economia, Administração e Contabilidade da Universidade de São Paulo Publicador: Departamento de Administração da Faculdade de Economia, Administração e Contabilidade da Universidade de São Paulo
Tipo: Artigo de Revista Científica Formato: text/html
Publicado em 01/12/2014 Português
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This paper compares the procedures of local Brazilian companies (those which have plants in Brazil only) with those of international Brazilian companies (which have plants in at least two countries) regarding the patent management. Although there are a lot more variables to consider when examining the issue of patents in companies, this study presents and analyzes the results of a qualitative research on the decision to patent innovations, the choice of countries where to patent and the strategic significance of patents to the company.

Profile of medicinal plants utilization through patent documents: the andiroba example

Amaral,Luciene F. Gaspar; Fierro,Iolanda M.
Fonte: Sociedade Brasileira de Farmacognosia Publicador: Sociedade Brasileira de Farmacognosia
Tipo: Artigo de Revista Científica Formato: text/html
Publicado em 01/08/2013 Português
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Today, one of the trends of the pharmaceutical, cosmetic and food market is the development of products with components of natural origin, rationally exploiting biodiversity. Brazilian population makes secular use of medicinal plants including andiroba, whose oil is used in folk medicine as febrifuge, pain-relieving, anti-parasitic, anti-allergic as well as insect repellant. The present study attempts to evaluate the profile of utilization of andiroba by analyzing the patenting trends based on information collected on the databases of the World Intellectual Property Organization, European Patent Office and Brazilian National Institute of Industrial Property in the period from 1990 to 2011. The following parameters were analyzed: chronological aspect of the applications, countries of priority, international patent classification, technologies and actors in the technological platform. The temporal analysis of the applications shows an evident increase despite a discontinuous evolution of the number of applications. Pharmaceutical, chemical and cosmetic areas were identified as the main areas for commercial application of the plant. Brazil is the country with the largest number of applications even though the majority of the patent technologies are already in public domain...

Indicators of surgical treatment of patent ductus arteriosus in preterm neonates in the first week of life

Braulio,Renato; Gelape,Cláudio Léo; Araújo,Fátima Derlene da Rocha; Brandão,Kelly Nascimento; Abreu,Luciana Drummond Guimarães; Costa,Paulo Henrique Nogueira; Capanema,Flávio Diniz
Fonte: Sociedade Brasileira de Cirurgia Cardiovascular Publicador: Sociedade Brasileira de Cirurgia Cardiovascular
Tipo: Artigo de Revista Científica Formato: text/html
Publicado em 01/12/2013 Português
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OBJECTIVE: To identify clinical and echocardiographic indicators of the necessity for early surgical closure of patent ductus arteriosus in preterm neonates. METHODS: The prospective study was conducted at the Neonatal Unit of Hospital Municipal Odilon Behrens between 2006 and 2010. The study population comprised 115 preterm neonates diagnosed with patent ductus arteriosus in the first week after birth, of whom 55 (group S) were submitted to clinical and or surgical closure and 60 (group NS) received non-surgical treatment. The parameters analyzed were birth weight, diameter of the ductus arteriosus (DAD), left atrial-to-aortic root diameter ratio (LA:Ao), the quotient of DAD² and birth weight (mm²/kg), and ductal shunting. RESULTS: The study population comprised 58 males and 57 females. The average birth weight of group S (924 ± 224.3 g) was significantly (P=0.049) lower than that of group NS (1012.3 ± 242.8 g). The probability of the preterm neonates being submitted to surgical closure was 62.1% (P=0.006) when the DAD2/birth weight index was > 5 mm²/kg, 72.2% (P=0.001) when the LA:Ao ratio was > 1.5, and 61.2% when ductal shunting was high (P=0.025). CONCLUSION: The parameters DAD²/birth weight index > 5 mm²/kg, LA:Ao ratio > 1.5 and high ductal shunting were statistically significant indicators (P<0.05) of the need for surgical closure of patent ductus arteriosus in low birth weight preterm neonates. Moreover...

Patent Litigation As a Leading Market Indicator

Tang, Victor; Huang, Biao
Fonte: MIT - Massachusetts Institute of Technology Publicador: MIT - Massachusetts Institute of Technology
Tipo: Trabalho em Andamento Formato: 328661 bytes; application/pdf
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The purpose of this paper is to introduce patent litigation as a leading indicator of market growth. We model the intensity of patent litigation and the market growth for the personal computer and cellular phone market in the US. By means of these analytic models, we show that patent litigation is a leading indicator to market growth. We are also able to very precisely delineate discrete stages of the product’s market life cycle and demarcate the time when life-cycle transitions are about to take place. We close this paper with a discussion on new lines of patent research that are potentially useful for managerial practice and for investment decisions.; Center for Innovation in Product Development at the Massachusetts Institute of Technology.

US Alien Property Custodian patent documents: A legacy prior art collection from World War II - Part 2, statistics

White, Michael J.
Fonte: Elsevier Publicador: Elsevier
Tipo: Artigo de Revista Científica Formato: 183296 bytes; application/msword
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This is the second part of a two-part article on the origins, history and profile of Alien Property Custodian (APC) documents during World War II. The APC was responsible for administering American property, including patents, seized from nationals of enemy and enemy-occupied countries. Part one covered the wartime organization and activities of the APC, vesting orders and the agency’s patent portfolio. Part two describes APC documents (patent applications published by U.S. Patent Office at the request of the APC), the national and technological profiles of these documents and snapshots of the inventors who lost and, in some cases, regained their patent rights. APC documents are a small and little known but historically important collection of prior art documents.

US Alien Property Custodian patent documents: A legacy prior art collection from World War II - Part 1, history.

White, Michael J.
Fonte: Elsevier Publicador: Elsevier
Tipo: Artigo de Revista Científica Formato: 76673 bytes; application/pdf
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In 1943, at the height of World War II, the U.S. Patent Office, by the authorization of the Alien Property Custodian (APC), published 2,964 pending patent applications that had been seized from nationals of enemy and enemy-occupied countries. This unusual act—only in 2001 did the USPTO begin publishing some pending patent applications—was prompted by the APC’s wartime mandate to make enemy technology available to American industry. During and after the war many of these applications were issued as patents assigned to the APC. However, up to 58 percent were abandoned, becoming, in effect, orphan documents. APC documents, although they resemble contemporary patents and are granted prior art status by the USPTO, are virtually unknown today, even among patent professionals. This two-part paper investigates the origins, history and profile of this unique collection of prior art documents. Part one reviews the wartime organization and activities of the Office of the Alien Property Custodian, the agency responsible for the creation of APC documents, the use of vesting orders to seize patents and the APC’s patent portfolio. Part two describes applications published by the APC, their national and technological profiles, and snapshots of the inventors and companies who lost and...

Patent policy principles for the Trans Pacific Partnership Agreement

Moir, Hazel V J
Fonte: Universidade Nacional da Austrália Publicador: Universidade Nacional da Austrália
Tipo: Relatório Formato: 10 pages
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A balanced patent system is designed to encourage those inventions which would not otherwise occur and where the social benefits exceed the social costs. "Strong" IP means strong barriers to competition. The goal should be minimal disruption of competition consistent with achieving the policy goals. That is, patent policy must be consistent with Article 5 of the Competition Principles Agreement. This can be achieved with a patent system with the following elements: * A clear objectives statement that focuses on the economic goals; * Limitation to technology (to proxy large lumpy development costs); * A requirement for a significant contribution of new knowledge (inventive step); * Presumptions in favour of the public interest, with the onus resting on the applicant to demonstrate the benefit which would justify a patent grant; * Improvements to remove complexity and strategic games playing – reducing the extent to which patent policy goals are undermined by rights-holders; * Infringement penalties aligned with patent policy goals; * Simple procedures for the recovery of all profits where patents are found invalid; and * General oversight, audit and evaluation provisions, including collection of data that will assist in evaluating patent policy.

Inventors and Impostors: an Economic Analysis of Patent Examination

SCHUETT, Florian
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
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The objective of patent examination is to separate the wheat from the chaff. Good applications – those satisfying the patentability criteria, particularly novelty and non-obviousness – should be accepted, while bad applications should be rejected. How should incentives for examiners be designed to further this objective? This paper develops a theoretical model of patent examination to address the question. It argues that examination can be described as a moral-hazard problem followed by an adverse selection problem: the examiner must be given incentives to exert effort (looking for evidence to reject), but also to truthfully reveal the evidence he finds (or lack thereof). The model can explain the puzzling compensation scheme in use at the U.S. patent office, where examiners are essentially rewarded for granting patents, as well as variation in compensation schemes across patent offices. It also has implications for the retention of examiners and for administrative patent review.

Inventors and Impostors: An Economic Analysis of Patent Examination

SCHUETT, Florian
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
Português
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36.976152%
The objective of patent examination is to separate the wheat from the chaff. Good applications - those satisfying the patentability criteria, particularly novelty and nonobviousness - should be accepted, while bad applications should be rejected. How should incentives for examiners be designed to further this objective? This paper develops a theoretical model of patent examination to address the question. It argues that examination can be described as a moral-hazard problem followed by an adverse-selection problem: the examiner must be given incentives to exert effort (looking for evidence to reject), but also to truthfully reveal the evidence he finds (or lack thereof). The model can explain the puzzling compensation scheme in use at the U.S. patent office, where examiners are essentially rewarded for granting patents, as well as variation in compensation schemes across patent offices. It also has implications for the retention of examiners and for administrative patent review.

Anticommons and optimal patent policy in a model of sequential innovation

Llanes, Gastón; Trento, Stefano
Fonte: Universidade Carlos III de Madrid Publicador: Universidade Carlos III de Madrid
Tipo: info:eu-repo/semantics/workingPaper; info:eu-repo/semantics/workingPaper Formato: application/pdf
Publicado em /06/2007 Português
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When innovation is sequential, the development of new products depends on the access to previous discoveries. As a consequence the patent system affects both the revenues and the cost of the innovator. We construct a model of sequential innovation in which an innovator uses n patented inputs in R&D to invent a new product. We ask three questions: (i) what is the net effect of patents on innovation as technologies become more complex (n increases)? (ii) are patent pools welfare enhancing? (iii) what is the optimal response of patent policy as technological complexity increases? We find that the answers to these questions depend on the degree of complementarity and substitutability between the inputs used in research.

EU Patent System: to be or not to be?

Escribano, Álvaro; Giarratana, Marco S.
Fonte: Universidade Carlos III de Madrid Publicador: Universidade Carlos III de Madrid
Tipo: Trabalho em Andamento Formato: application/pdf; text/plain; application/octet-stream; application/octet-stream; application/octet-stream
Publicado em /02/2011 Português
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This paper introduce a list of desirable efficiency properties that any a patent system should have in order to enhance innovation, trade competitiveness, employment mobility and economic growth. We briefly overview the literature on patents and discuss the advantages and disadvantages of the present and recent proposals for the future of the European Union Patents System. In particular, we discuss the costinefficiencies observed in the current design of the EU Patent System based in a double structure layer divided in a central European Patent Office (EPO) and several nationalbased patent offices. This paper analyzes the likely backlashes of creating a third layer for a sub‐sample of EU countries. The paper suggests an alternative more efficient Patent System together with some policy implications.

Propensity to patent, R&D and market competition : dynamic spillovers of innovation leaders and followers

Blazsek, Szabolcs; Escribano, Álvaro
Fonte: Universidade Carlos III de Madrid Publicador: Universidade Carlos III de Madrid
Tipo: info:eu-repo/semantics/draft; info:eu-repo/semantics/workingPaper
Publicado em /06/2014 Português
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Dynamic interactions among stock return, Research and Development (R&D) expenses, patent applications based on R&D investment, and the propensity to patent are studied in this work for a panel of firms from the United States. The panel includes technologically similar firms, neck-to-neck, mostly from the drugs product-market sector. Firms’ propensity to patent is modeled by a dynamic latent-factor patent count data model that separates patented and non patented R&D. Patent innovation leader and follower firms are identified according to their knowledge stock. Significant and positive dynamic spillover effects are obtained among patent application leaders and followers. We observe that neck-to-neck firms in patent innovation activity produce an inverted-U relationship between market competition and innovation. Furthermore, firms’ propensity to patent is positively correlated with market competition and there is a positive feedback in both directions. Increasing the degree of competition in the market enhances innovation and patent applications, in order to help firms to appropriate part of the benefits of their R&D investments. On the other hand, firms by increasing their patent applications defend themselves from competitors, trying to improve their market share. However...

Tailoring patent policy for developing economies

Moir, Hazel V J; Hsu, Ping-Kun
Fonte: Asia Pacific Innovation Network Publicador: Asia Pacific Innovation Network
Tipo: Conference paper Formato: 30 pages
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As intellectual property chapters are now regularly part of free trade agreements, countries need to have a clear view of what elements of a patent system will encourage domestic innovation and what elements will simply raise the cost of goods and services. Drawing on the range of empirical material available about patent systems, this paper presents an initial analysis of critical design elements to maximise economic welfare while implementing patent policy in developing and technology-importing economies. Key issues considered are: patent policy objectives; limitations to patentable subject matter; the height of the inventive step; the privileges provided by patents; incentives, penalties and strategic gaming; and transparency issues particularly oversight, evaluation and audit. Development of a set of policy principles which align with maximising national economic well-being goes some way to meeting the goals of the Development Agenda Group put forward in the context of WIPO's Committee on Development and Intellectual Property. Such a set of principles would also play a useful role is assessing the value of patents in trading for improved market access for goods and services thus assisting an evidence-based approach to trade negotiations.

India's Journey Toward an Effective Patent System

Abramson, Bruce
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research :: Policy Research Working Paper; Publications & Research
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The decade following India's accession to the World Trade Organization's Trade-Related Aspects of Intellectual Property ushered in numerous changes to the country's patent system, culminating in a series of amendments in 2005. But a functioning patent system is more than a statute. This paper discusses the steps that India must still take to develop an effective, functioning patent system capable of attracting foreign direct investment, motivating domestic innovation and education, and filtering its benefits to all elements of Indian society, including the poor and the possessors of traditional knowledge. The analysis combines data studies of historical and recent patenting activity in India and by Indians, interviews with Indian government officials, intellectual property attorneys, industrialists, and researchers, and lessons gleaned from patent systems abroad. It identifies critical needs and concrete steps to meet them. Improving public awareness of the revenue-generating potential of patents will enhance incentives for the participation of individuals and small and medium enterprises in the patent system. Formalizing guidelines for patents derived through government research funds-coupled with needed changes in institutional governance-will enhance prospects for technology transfer from laboratories to commercial markets. Compensation schemes for traditional knowledge will extend the benefits of intellectual property rights to the poorest members of society. This paper's recommendations would help India achieve both a fully functioning patent system and a mechanism for ensuring that poor people living traditional lifestyles receive their share of the social gains that a working innovation system can confer.

How Stronger Patent Protection in India Might Affect the Behavior of Transnational Pharmaceutical Industries

Fink, Carsten
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research; Publications & Research :: Policy Research Working Paper
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To address questions about how stronger patent rights will affect India's pharmaceutical industry, the author simulates the effects of introducing such protection - as required by the World trade Organization Agreement on Trade-Related Intellectual Property Rights (TRIPs) - on market structure and static consumer welfare. (India must amend its current patent regime by 2005 and establish a transitional regime in the meanwhile.) The mode the author uses accounts for the complex demand structure for pharmaceutical goods. Consumers can choose among various drugs available to treat a specific disease. And for each drug, they have a choice among various differentiated brands. The author calibrates the model for two groups of drugs - quinolonnes and synthetic hypotensives - using 1992 brad-level data. In both groups, a subset of all available drugs was patent-protected in Western Europe but no India, where Indian manufacturers freely imitated them. The simulation analysis asks how the market structure for the two groups of drugs would have looked if India had granted patents for drugs. It does not take account of the fact that stronger patent protection will not apply to existing drugs and that the Indian government might be able to restrain high drug prices by imposing price controls or granting compulsory licenses. Still...

Patent pools and competition law : an examination of the enforcement strategies of competition authorities

Fellig, Menachem M.
Fonte: Université de Montréal Publicador: Université de Montréal
Tipo: Thèse ou Mémoire numérique / Electronic Thesis or Dissertation Formato: 4538558 bytes; application/pdf
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In the past decade, we have seen a resurgence of patent pools. These pools have emerged in our high-tech world to overcome a number of transaction costs involved in assembling patents necessary for the creation of new technologies. While patent pools can be pro-competitive; they can also present a number of anti-competitive features, such as sheltering collusion and eliminating competition between rival firms. This has been said to explain the enormous swings in the analytical approach of enforcement agencies with respect to patent pools. The introduction of the Antitrust Guidelines for the Licensing of Intellectual Property by American competition authorities marked an important shift in patent pool enforcement, reflecting the view that intellectual property and competition law are actually complementary, both seeking to enhance innovation as well as competition. Based on these Guidelines, enforcement agencies' identified potential problems and have offered a number of guiding principles and recommendations - in the form of Business Review Letters - to help pooling parties avoid running afoul of competition law. A review of some of these guidelines reveals that following them indiscriminately, without regard to the particular circumstances...

The economics of patent litigation: an empirical analysis in the U.S. from 1996 to 2010

Eskandarikhoee, Javad
Fonte: University of Delaware Publicador: University of Delaware
Tipo: Tese de Doutorado
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Latham, William, III; I investigate the economics of patent litigation and various court outcomes involving patent lawsuits from 1996 to 2010 in the U.S. by linking patent litigation data from the Federal Judicial Center (FJC) to patent data from the United States Patent and Trademark Office (USPTO) and litigants' financial characteristics from the COMPUSTAT database. I present a framework for testing two types of models to explain the behavior of plaintiffs and defendants during the patent litigation process. I begin with a decision model to examine the determinants of patent litigation and various court outcomes. I provide strong evidence that demonstrates that the rapid increase in patent litigation can be explained by increases in firm values for the number of patents per dollar of R&D spending, capital expenditures, total R&D spending, market value, scale, liquidity level, and patent portfolio quality (measured by originality, generality, and citations). I conclude that both litigants' characteristics and patent characteristics are important factors driving this increase. Secondly, I present a selection model to investigate how the selection process affects litigants' characteristics in suits filed in relation to the distribution of patentees. I provide evidence that suits filed by pools of potential plaintiffs with greater dispersions in the distribution of their litigation costs will have lower plaintiff win rates and lower rates of granted preliminary injunctions. I conclude that patentees with higher-quality patent portfolios are more likely to win a lawsuit and more likely to receive a preliminary injunction than other patentees. I find that the results are consistent with the implications of the selection model.; University of Delaware...

The Attack of the Clones: Patent Law and Stem Cell Research

Rimmer, Matthew
Fonte: The Law Book Company Publicador: The Law Book Company
Tipo: Artigo de Revista Científica
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This article considers the integral role played by patent law in respect of stem cell research. It highlights concerns about commercialization, access to essential medicines and bioethics. The article maintains that there is a fundamental ambiguity in the Patents Act 1990 (Cth) as to whether stem cell research is patentable subject matter. There is a need to revise the legislation in light of the establishment of the National Stem Cell Centre and the passing of the Research Involving Embryos Act 2002 (Cth). The article raises concerns about the strong patent protection secured by the Wisconsin Alumni Research Foundation and Geron Corporation in respect of stem cell research in the United States. It contends that a number of legal reforms could safeguard access to stem cell lines, and resulting drugs and therapies. Finally, this article explores how ethical concerns are addressed within the framework of the European Biotechnology Directive. It examines the decision of the European Patent Office in relation to the so-called "Edinburgh patent", and the inquiry of the European Group on Ethics in Science and New Technologies into "The Ethical Aspects of Patenting Involving Human Stem Cells".

Traditional knowledge and patent protection: conflicting views on international patent standards

Andrzejewski,A
Fonte: PER: Potchefstroomse Elektroniese Regsblad Publicador: PER: Potchefstroomse Elektroniese Regsblad
Tipo: Artigo de Revista Científica Formato: text/html
Publicado em 01/01/2010 Português
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As diseases continue to spread around the globe, pharmaceutical and biotech companies continue to search for new and better drugs to treat them. Most of these companies have realised that useful compounds for these purposes may be found in the natural resources that indigenous and local communities use. And yet, even though the importance of these biological resources to global health and economic livelihood is well recognised, the legal ownership and control of this traditional knowledge is still very controversial. This article undertakes a comparative analysis of American and European, as well as international legal regulations on patent law and traditional knowledge. Key questions include: What is traditional knowledge? How have the national patent laws of these countries treated the protection of plant variety and plant genetic resources? What are the existing international standards for patents, and what implications do they have for protecting traditional knowledge? And finally, what protection systems are emerging for the future?