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Working Papers | 2024

Trademark Proprietor’s “Moral Right” as an Exception to the Doctrine of Exhaustion of Rights in Trademarks

Sahana Simha and M P Ram Mohan

Trademark law is primarily viewed as a consumer protection law. Proprietary and consumer interests are not always balanced. This is especially evident in the doctrine of exhaustion of rights in trademarks, where the trademark owner loses control over the further distribution of their trademarked product once sold. Existing statutory exceptions to this doctrine allow the proprietor to take action against resellers only when the product has been impaired or changed. The exceptions do not account for harm or damage to the reputation and goodwill associated with a trademark as a ground to override exhaustion. This paper analyses legislative and judicial decisions regarding exceptions to exhaustion under Indian trademark law, with a comparative examination of rulings from the US and EU jurisdictions. We then highlight the theoretical differences between trademark and copyright law, exploring moral rights in copyright law and the anti-dilution theory of trademarks. In doing so, we examine the feasibility of expanding exceptions to the doctrine of exhaustion to include proprietary concerns, in addition to consumer and market considerations.

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Working Papers | 2024

The Glittering Paradox: Unveiling India's Gold Policy Evolution And Its Enduring Flaws

Ramakrishnan Padmanabhan, Chandan Satyarth and Sundaravalli Narayanaswami

In recent years, despite reforms and ambitious initiatives like establishing exchanges to enhance transparency in the gold ecosystem, significant time has been consumed by corrective actions and a lack of clear government direction. The corrective actions included the decisions taken during the intervention phase (2012-2013), the transparency phase (2014-2018) and the RBI circulars, notifications and guidelines post 2012 till date. Some of the aspects of gold policy that require corrective action may include the Free Trade Agreements with different countries and trade blocs, different government of India notifications to tackle the import of gold exploiting the India Government Policy loopholes. A review may be timely of the NITI Aayog Report on Transformation Gold Policy issued in February 2018, the recommendations of IGPC-IIMA working group and the subsequent launch of India International Bullion Exchange (IIBX) and its future. There's a need for decisive steps that promise long-term benefits for the nation.

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Journal Articles | 2024

The capacitated r-hub interdiction problem with congestion: Models and solution approaches.

Sneha Dhyani Bhatt, Ankur Sinha, Sachin Jayaswal

We study the 𝑟-hub interdiction problem under the case of possible congestion. Hub interdiction problems are modeled as attacker-defender problems to identify a set of 𝑟 critical hubs from a set of 𝑝 hubs, which when attacked, causes maximum damage to network restoration activities of the defender. In this work we consider that in addition to the routing cost, the defender also aims to minimize the congestion cost. Incorporating the congestion cost in the problem introduces non-linearity in the objective function of the interdiction problem, which makes the problem challenging to solve. To address this, we propose two alternate exact solution approaches. The first approach is an inner-approximation-based approach (IBA), which overestimates the convex non-linear objective function and provides an upper bound. A lower bound is obtained from solving the lower-level problem exactly corresponding to the upper bound solution. The upper bound is tightened using improved approximation with new points generated in successive iterations. In the second approach (referred to as SBA), the problem is reformulated as a second-order conic program, which can be solved using an off-the-shelf solver. From our computational experiments on benchmark datasets (CAB and AP), we demonstrate the efficacy of both the proposed methods. However, IBA consistently outperforms SBA by a significant margin.

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Journal Articles | 2024

Are green and healthy building labels counterproductive in emerging markets? An examination of office rental contracts in India

Anirban Banerjee, Prashant Das, Franz Fuerst

Financial prudence compels businesses to improve their Environmental, Social, and Governance (ESG) performance when the marginal benefits, pecuniary or non-pecuniary, exceed the marginal costs. For many firms, renting green offices is a feasible ESG activity which may increase their willingness to pay higher rents. Analyzing over 17,000 green rental contracts in India between 2010 and 2022, we find that rents in green-labeled assets and those with health certification command significant premiums between 4 and 21%. However, green rents increased much faster compared to their non-green counterparts, and the propensity to rent green varies significantly across industry segments. We further examine how the market for green offices evolved after a mandatory ESG Disclosure Requirement was enacted in India in 2021. We find that suppliers (landlords) benefited from the regulation by disproportionately increasing rental rates. Existing tenants and foreign firms ended up paying higher rental prices while most other firms, including the assumed target groups of the new policy, redirected their green commitment away from green buildings. Although the policy may yield more positive results in the longer run, a reduced propensity to rent green offices is the opposite of what the ESG Disclosure Requirement tried to achieve.

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Journal Articles | 2024

Plural form business strategy and financial reporting quality in hospitality firms

Cédric Poretti, Tiphaine Jérôme, Prashant Das

This paper analyzes how the plural form business strategy (i.e., simultaneously pursuing a fee-oriented and an equity-based strategy) impacts financial reporting quality of international hospitality firms. Drawing on the agency theory perspective, we analyze a sample of global hospitality companies over 2010–2019 using OLS, entropy balancing, and Heckman two-stage estimations. Our results suggest that greater use of the plural form is positively associated with higher earnings management (i.e., lower financial reporting quality). The plural form induces financial reporting complexity, which increases the likelihood of earnings management. However, the presence of large shareholders, aiming at reducing earnings management practices for reputation purposes, offsets this effect. This study identifies a specific feature of the hospitality industry, namely the pursuit of the plural form business strategy, as triggering more complexity, which results in detrimental lower reporting quality for investors.

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Journal Articles | 2024

Toward the role of organizational culture in data-driven digital transformation

Arman Ghafoori, Manjul Gupta, Mohammad I. Merhi, Samrat Gupta, Adam P. Shore

Data-driven digital transformation is increasingly recognized as a crucial element of unlocking new business value, leveraging data-driven approaches in organizational business strategies and operations. Concurrently, organizational culture emerges as a critical factor in the organizational transformation process and success. However, current literature offers sparse insights into how organizational culture affects data-driven digital transformation. To gain deeper insights, this study leverages two complementary organizational culture frameworks to examine their relationship with data-driven digital transformation. Moreover, we investigate the link between data-driven digital transformation and operational performance in a manufacturing context. Utilizing data from 317 surveys, our findings show that organizational culture significantly affects data-driven digital transformation, which consequently impacts operational performance. This study advances understanding of the critical role of organizational culture in facilitating data-driven digital transformation, addressing a previously underexplored area in Operations and Supply Chain Management literature. By employing a dual-framework approach, it provides a more nuanced comprehension of organizational culture's impact on data-driven digital transformation while clarifying the complex relationship between digital transformation and operational performance within the manufacturing sector. Our study also delivers significant practical contributions, guiding organizations in effectively implementing and benefiting from data-driven digital transformation initiatives.

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Journal Articles | 2024

How consumers evaluate movies on online platforms? Investigating the role of consumer engagement and external engagement

Samrat Gupta, Swanand J. Deodhar, Amit Anand Tiwari, Manjul Gupta, Marcello Mariani

This study examines how the causal patterns of consumers’ engagement and experts’ external engagement are associated with their online evaluation of movies. To this end, this study identifies the interplay of two dimensions (personal and interactive engagement) of consumers’ engagement and external engagement in their evaluation of movies and offers four propositions. This study utilizes fuzzy-set qualitative comparative analysis (fsQCA) on an original dataset of 264 movies released during 2018–2021 to test these propositions. Findings indicate seven configurations of consumers’ engagement behavior and external engagement that explain high movie ratings. This study presents fresh insights into how two dimensions of consumer engagement behavior and external engagement combine to explain movie ratings better. The findings accentuate the importance of synergies between dimensions of consumer engagement behavior and external engagement in driving the evaluation of movies.

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Journal Articles | 2024

Workplace violence and the impostor phenomenon in medicine: A US-based qualitative study

Devasmita Chakraverty

Physicians experience impostor phenomenon when they attribute their success to luck and fraudulence rather than ability or competence. They also experience workplace violence, including sexual and nonsexual harassment, discrimination, microaggression, and assault, among others. Using Weiner's attribution theory, this qualitative study interviewed US-based physicians experiencing impostor phenomenon to investigate its connection with workplace violence. Two research questions were examined: What are the different forms of workplace violence reported in medicine? How does workplace violence contribute to impostor phenomenon? Interested participants responded to an advertisement about a national study examining impostor phenomenon at a US-based medical conference (convenience sampling). After the interview, many participants shared the study information in their professional and social network, encouraging others to participate (snowball sampling). Data were analyzed using constant comparison and analytic induction. Sixty-three physicians completed the initial survey and were all invited for the interview. Thirty-five out of them interviewed and the rest did not respond to the invitation email. Of those 35 physicians, 19 (95% women; 79% white) between ages 30–59 years specifically reported experiencing impostor phenomenon when facing physical, verbal, racial, and/or gendered violence. Gendered violence included both gender-based assumption of position or competence and gender-based harassment. Impostor phenomenon occurred when women and men were treated differently; participants questioned their competency or belonging; and women saw fewer women physicians around them and other women perpetrating violence. The impostor phenomenon was attributed to an external experience of violence perpetrated by people of all genders and relationship types, including seniors and peers, physicians, patients, and nurses. Participants often could not control violence perpetration and instead, internalized the experience as their fault and lost a sense of belongingness at work. Findings, while not generalizable and based on a small sample, show that impostor phenomenon is not only affected by individualized internal mechanisms, but external environmental factors as well such as experiencing violence or seeing it happen to others. Future research should explore the role of race/ethnicity, sexual orientation, gender orientation, socioeconomic status, and generation status in shaping such experiences.

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Journal Articles | 2024

Did work from home “really” work during COVID-19?

Balagopal Gopalakrishnan, Aravind Sampath, Jagriti Srivastava

In this study, we examine whether work from home (WFH) had an impact on firm productivity during the COVID-19 period.

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Journal Articles | 2024

Regulation of OTT (video streaming) platforms in India: A case of Information Technology Rules 2021

Saravanan A., Aditya Deshbandhu

IIMA