Aspects Of Intellectual Property Rights Research Articles

Impact of International Trade Agreements on Corporate Law

International Trade Agreements (ITAs) have a significant impact on corporate law. ITAs typically include provisions that affect a wide range of corporate law issues, such as reducing or eliminating tariffs and other trade barriers making it easier for corporations to export their goods and services to foreign markets, other provisions might protect foreign investment and promote investment flows between countries making it more attractive for corporations to invest in foreign markets. Some ITAs protect intellectual property rights, such as trademarks, copyrights, and patents that is important for corporations that rely on intellectual property to protect their products and services and ITAs also promote competition and prohibit anti-competitive practices which help ensuring that corporations compete fairly in the global marketplace. In addition, ITAs can also have a broader impact, for instance, ITAs can promote the adoption of common legal standards and practices, making it easier for corporations to do business in different countries. For Example, The North American Free Trade Agreement (NAFTA) includes provisions that made it easier for corporations to move goods and services between the United States, Canada, and Mexico leading to increased investment flows between these countries. The World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) has helped to strengthen the protection of intellectual property rights around the world which benefited corporations that rely on intellectual property to protect their products and services. The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) includes provisions that promote competition and prohibit anti-competitive practices in the Asia-Pacific region ensuring that corporations are competing fairly in the market. Overall, this Research Paper summarises how ITAs have a significant impact on corporate law and Corporations involved in international trade should be aware of the provisions of the relevant ITAs and how these provisions may affect their business.

The Importance of Maintaining Trademark Anti-Dilution Protection

Trademark anti-dilution protection is a legal measure aimed at protecting the rights and interests of trademarks and guaranteeing fair competition in the market, but whether it should be canceled has been controversial. The development of the theory of anti-dilution protection of well-known trademarks is a relatively popular research topic, while the Paris Convention and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) have provisions on anti-dilution of trademarks. Therefore, through the research method of literature review and theoretical analysis, this paper will discuss trademark anti-dilution protection in terms of its definition, implementation effect, and problems. In addition, the importance of trademark anti-dilution protection is elaborated from the perspectives of consumer protection, brand value, and innovation incentives, and the viewpoint of maintaining the existence of trademark anti-dilution protection is confirmed and put forward.

Decoding The Enhanced Protection for Wine and Spirit GIs

This article delves into the realm of geographical indications (GIs) within the framework of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Specifically, it focuses on the enhanced protection granted to GIs for wines and spirits under Article 23 of the agreement, going beyond the standard protection mechanism outlined in Article 22. We will explore the historical context that led to this special treatment, examine the potential controversies surrounding it, and assess its impact on trade dynamics within the wine industry, particularly in the European Union (EU) and India.

International Trade Law: A Driver of Climate Action or a Roadblock?

Abstract Much has been written about changing the world's perception of international trade—from an area of development that will accelerate climate change to a powerful tool that can drive climate action. This article elaborates on four mechanisms of international trade law developed and honed by the World Trade Organization (WTO) that can play a pivotal role in accelerating climate action. The four mechanisms are the WTO's dispute resolution system, the Agreement on Technical Barriers to Trade (TBT), the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), and the regional trade agreements (RTAs) negotiated under the WTO framework. Elucidating the WTO's role, this article supports the proposition that every multilateral institution can rise to the occasion and spearhead climate action in its own unique capacity.

Cambodia's Imminent Graduation from Least Developed Country Status: What Will be the Impact of the TRIPS Agreement on Access to HIV and Hepatitis C Medicines in Cambodia?

Cambodia has experienced exponential economic growth in recent years and is expected to graduate from least developed country (LDC) status within the next decade. Membership of the World Trade Organization (WTO) will require Cambodia to grant product and process patents for pharmaceuticals upon LDC graduation. This study aims to measure the impact of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) on the price of HIV and hepatitis C medicine in Cambodia once it graduates from LDC status and is obliged to make patents available for pharmaceutical products and processes. Using scenarios based on likely outcomes of accession to the TRIPS Agreement, it measures the impact on the price of the HIV treatment program and compares that impact with the hepatitis C treatment program. Graduation from LDC status would be expected to result in a modest increase in the cost of the antiretroviral (ARV) treatment program and very large increases in the cost of the direct acting antivirals (DAA) treatment program. If annual treatment budgets remain constant, patent protection could see 1,515 fewer people living with HIV able to access ARV treatment and 2,577 fewer people able to access DAA treatment (a drop in treatment coverage of 93%).

Basics of implementation of the standards of international agreements in the sphere of international trade by Ukraine

The latest international trade is characterized by serious, radical changes - the creation of a global information space, where the main products of production are information and knowledge, and information technologies penetrate almost every sphere of economic activity. International treaties become the main source of legal regulation of relations arising in the field of international trade.
 It has been established that the future development of Ukraine's economy directly depends not only on determining the directions of transformation of legal relations in the field of international trade, but also on how Ukraine directly implements the provisions of current international treaties in the field of international trade, in particular in such an important field as intellectual property - international agreements are the determining factors of the competitiveness of the country's economy, the most valuable capital that determines the strategy and tactics of our country's development, the most important driver of innovation.
 It was found out that today, the states have come to the realization that without solving issues related to the international regulation of relations in the field of intellectual property, without concluding international agreements in this field, it will be impossible to promote any object of intellectual property in the world. It is substantiated that all the specified international treaties regulating intellectual property as an object of trade transactions, to which Ukraine has joined, form an interconnected system of international trade relations. The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) occupies a special role among the system of these international agreements. The implementation of the TRIPS Agreement in Ukraine progressed in parallel with radical changes in the ways of using intellectual property in trade and the growing use of the international intellectual property system. Currently, Ukraine is at the final stage of institutional reform in the field of intellectual property - the State Organization «Ukrainian National Office for Intellectual Property and Innovations» (UANIPIO) has been established; its powers, scope and directions of its activity are established; the right to represent Ukraine in international and regional organizations, etc.
 Ukraine is an active participant in international trade processes and the corresponding main international legal acts in this area, which increases the interest of our state in optimizing and improving the standards, norms and provisions that regulate it. Judicial practice has confirmed that international treaties are an integral part of national legislation.

Fighting for IP Equity: A Zoom on the Forthcoming Who Pandemic Agreement

Faced with the impact of COVID-19, WHO Member States agreed to draft and negotiate an agreement on pandemic prevention, preparedness and response. A proposal for negotiating text of this WHO Pandemic Agreement was prepared by the Intergovernmental Negotiating Body’s Bureau and shared with its Drafting Group in October 2023 for its consideration. This process should lead to the adoption of a legally binding accord. This article considers the usefulness of this international instrument for pandemic prevention, preparedness and response in relation to intellectual property (IP) to ultimately recognise such usefulness but to argue that the negotiating text could be more ambitious. It focuses on the Agreement potential to mitigate the impact of IP regulations that favour developed countries and their pharmaceutical industries. The article first highlights how the international IP system, through the Agreement on Trade-Related Aspects of Intellectual Property Rights, disempowered developing countries in their battle against COVID-19. It then focuses on provisions relating to IP law found in the negotiating text to explore and question its potential to contribute to IP equity for developing countries for future pandemics. Finally, the article proposes recommendations to strengthen the impact of a WHO Pandemic Agreement in the fight for IP equity.

Intellectual Property Rights and Plagiarism in Information Technology Research

In present times, intellectual property rights are the central focus of international economies and global market competitions among enterprises due to their important role in fostering cultural prosperity, economic development, and progress in the field of information technology. The advancement in information technology has made the field even more complicated as firms struggle to protect their copyrights in the face of online data explosion, dynamic e-commerce environment, and rising disruptive technologies such as Machine learning and Artificial Intelligence. On the other hand, plagiarism is on the rise in recent times. Students knowingly or unknowingly practice plagiarism daily to meet their stringent academic demands. Information Technology Tools encouraging plagiarism have further aggravated the problem. Intellectual property rights and plagiarism awareness are relatively weak even among scholars. Do intellectual property rights protection and existing plagiarism trends have any effect on the field of information technology research? This paper discusses intellectual property rights and plagiarism with the mindset of information technology research. The paper seeks to shed light on aspects of intellectual property rights and how they affect academic research, in the field of information technology. If after reading this paper a researcher, can take intellectual property rights and plagiarism seriously, then, this research would have achieved its desired outcome.

Self-Determination in Global Health Practices - Voices from the Global South.

Despite the commendable progress made in addressing global health challenges and threats such as child mortality, HIV/AIDS, and Tuberculosis, many global health organizations still exhibit a Global North supremacy attitude, evidenced by their choice of leaders and executors of global health initiatives in low- and middle-income countries (LMICs). While efforts by the Global North to support global health practice in LMICs have led to economic development and advancement in locally led research, current global health practices tend to focus solely on intervention outcomes, often neglecting important systemic factors such as intellectual property ownership, sustainability, diversification of leadership roles, and national capacity development. This has resulted in the implementation of practices and systems informed by high-income countries (HICs) to the detriment of knowledge systems in LMICs, as they are deprived of the opportunity to generate local solutions for local problems. From their unique position as international global health fellows located in different African countries and receiving graduate education from a HIC institution, the authors of this viewpoint article assess how HIC institutions can better support LMICs. The authors propose several strategies for achieving equitable global health practices; 1) allocating funding to improve academic and research infrastructures in LMICs; 2) encouraging effective partnerships and collaborations with Global South scientists who have lived experiences in LMICs; 3) reviewing the trade-related aspects of intellectual property Rights (TRIPS) agreement; and 4) achieving equity in global health funding and education resources.

Comparative Perspectives on the Protection of Food Geographical Indications in Asian Countries

Abstract The significance of food is beyond its gastronomic value. Food symbolises a community's enriched past and holds cultural expressions and traditional knowledge. The linkage of food with religious beliefs, geo-climatic factors, social standards, and various health benefits builds the reputation of the food, which is essentially attributable to its geographic origin. Following the ratification of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), the contracting states that have enacted Geographical Indications (GI) legislation (particularly those in Asia) have come forward to protect foodstuffs as GI in order to safeguard their communities and their traditional knowledge associated with foodstuffs. Against this background, the present article attempts to compare foodstuff GIs in eight selected Asian countries with a sui generis system of GI protection as TRIPS compliance. The comparative analysis of the evolution and scope of foodstuff protection, pre-registration and post-registration impact, and quality maintenance provides important insights into convergence and divergence among the selected Asian countries. The study further identifies policy implications for the sustenance of GI.

Legal Protection of Copyright as a Complaint Offense From a Criminal Law Perspective

Currently in Indonesia there are many cases of criminal acts against copyright. This number is quite fantastic when you look at the fact that from what is known the number is already quite high, not to mention small cases that do not receive special attention by the government. Of course, if left unchecked, this could cause losses, not only for the creator of the work, but also have an impact on the country's social aspects and even the country's economic aspects. This research uses a normative juridical type of research, what is meant by normative juridical research is legal research. literature because normative legal research is carried out by examining library materials or secondary data only. The legal materials referred to will also be used as interesting literature reviews and books, and web-based resources. The occurrence of copyright crimes can harm the creators and thus legal action must be taken against copyright holders during this process. Criminal law against copyright criminals will be implemented. gradually investigation, investigation, prosecution and investigation in court. The concept of the criminal act of complaint offense (klacht delict), from the meaning of the word klacht or complaint, means a criminal act that can only be prosecuted after a report contains a request for prosecution in relation to a particular person or persons. As a country that has ratified TRIPs (Trade Related Aspects of Intellectual Property Rights), this means that Indonesia has a strong enough legal basis to protect the owners or holders of Intellectual Property Rights (IPR), which include Copyright. Copyright Law Number 28 of 2014 has adapted to the agreement agreed in TRIPs. Based on the description above, it can be concluded that the offense of complaints in copyright crimes is not appropriate for the use of copyright crimes. This is because the substance of ordinary offenses has more relevance to prosecuting copyright crimes. In the description above, the state's responsibility to protect citizens, in this case copyright holders, has been explained. The recommendation regarding this problem is to make or formulate copyright crimes into ordinary offenses. So that law enforcers do not hesitate in carrying out inquiries, inquiries and prosecutions for copyright crimes. So don't wait for complaints from copyright holders. The complaint offense will limit law enforcement

India’s Distinct but Opposing Patent Model Is Under Pressure: Prospects and Challenges in the Global Arena

The Indian patent model is a powerful and well-balanced model that not only complies with the requirements of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) but also considers domestic needs and national interest. This study endorses India’s approach of fully availing itself of public health flexibilities provided in the TRIPS Agreement. India’s well thought out patent model contradicts with the pro-patentee approaches taken by the European Union, the USA and Japan. This study emphasises the challenges and pressures faced by the Indian patent model because of the closer harmonisation agenda being pushed by some high-income countries through bilateral and multilateral free trade agreements. This study argues that in order to effectively respond to harmonisation demands, India needs to be proactive in terms of building regional coalitions and transmitting its model to other like-minded Association of Southeast Asian Nations (ASEAN) countries with similar interests. This is a viable approach because most of the ASEAN countries, despite different levels of development and industry, are facing similar challenges in terms of universal access to affordable medicines.

Precedential Value of Judicial Decisions in Increasingly Hybridised Civil Law Systems: Chinese Choreographies at the WTO

Abstract Pursuant to Article 63 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), a state may require other treaty parties to disclose their intellectual property case law ‘of general application’. While most domestic judgments in common law are indeed of general application, civil law systems theoretically employ judgments as reference only. Nevertheless, to value consistency and predictability, the hybridisation of civil law jurisdictions is increasingly leading them to devise special lists of judgments that acquire formal or factual binding status on lower-ranked courts. This trend is particularly evident in China, whose Supreme People's Court's ‘Guiding Cases’ join other specific categories of holdings within ‘Judicial Interpretations’ and further guideline documents that are factually binding domestically. When the United States and the European Union requested, through the World Trade Organization, that China disclose the full range of its case law of general application, China responded that civil law jurisdictions do not issue judgments that are binding beyond the parties. This article examines the limitations and merits of the Chinese stance.

Exploiting treaty ambiguity: Public health exceptions in the WTO TRIPS agreement

AbstractTreaty exceptions have long been viewed as essential to the design of international agreements. Yet, agreements also leave ‘room to maneuver’ through the use of constructive ambiguity, that is, by defining treaty terms with deliberately ambiguous words. When are countries more likely to exploit this treaty ambiguity? What does this exploitation look like? We argue that in democratic countries, where states face continued pressures to react to domestic needs, governments are more likely to legislate unambiguous circumstances in which they can apply international treaty exceptions. We argue this should be especially true in developing democracies facing external pressure from foreign firms and developed countries to legislate public policy with their external interests in mind. We test our theory in the context of the World Trade Organization (WTO) Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement and compulsory licensing legislation for HIV/AIDS drugs between 2000 and 2012. We find that when public access to medicines for HIV/AIDS is limited but in high demand, democratic governments are more likely to legislate explicit public health protection under TRIPS exceptions, especially in developing countries with high rates of foreign patent ownership. We conclude that such exploitation is most likely when countries seek to prevent precedents by action, or adjudication, that better define constructively ambiguous treaty terms.

The legal protection of artificial intelligence-generated work: The argument for sui generis over copyright

Artificial intelligence (AI) is the simulation of human intelligence processes by machines, especially computer systems. As with other elements of society, the modern economy has become more reliant on AI, indicating the potentially great influence it has on innovation. Many previous studies on the status of AI-generated work have focused on its connection to intellectual property (IP) law, mainly under copyright and regulations, and whether this type of work could be protected within the legal framework of copyright. Therefore, an all-inclusive assessment of the fitness of the existing copyright law framework is necessary. While recent discussions have mostly considered AI-generated works. In this paper, we examine AI within the context of the international legal framework of IP rights, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), and national legislation. We conclude that current copyright law is unsuitable for the protection of AI-generated works and that sui generis is a better option. However, the future legislative path should be specialized legislation addressing not only AI-generated works but also the prohibited acts that might create certain risks for industries. The research adopted a comparative analytical in-depth examination of the international legal framework of intellectual property law.

Going It Alone or Acting as a Collective? Evaluating the East African Community Policy on Implementing TRIPS Obligations

AbstractThe grim realities of the COVID-19 pandemic have resuscitated discussions about the effectiveness of the flexibilities entrenched in the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) for improving access to medicines. This article revisits this vexed issue by examining whether a regional approach to implementing TRIPS obligations could deliver a better outcome for access, especially in low- and middle-income countries, where manufacturing capacity is almost non-existent. Using the East African Community (EAC) as a case study, the article critiques recommended implementation options under the EAC policy on TRIPS flexibilities, concluding that, if significantly implemented, these recommendations could yield a better outcome for access.

IPR of Lays variety potato – Is it a matter of public or private interests?

Learning outcomes The objectives of the case study are to provide an overview of intellectual property rights and intellectual property rights in Indian context; understand the intellectual property rights implementation and challenges for implementing it in emerging economies; understand what would be the best approach that companies can adopt when the companies face backlash in such circumstances; and explore the scope for redefining the intellectual property rights in the changing global environment. Case overview/synopsis In December 2021, the Protection of Plant Varieties and Farmers’ Rights Authority (PPV&FRA) in India revoked the plant variety protection (PVP) certificate granted to PepsiCo India Holding (PHI) for its Lays variety potato (FL-2027, known as FC-5). The FC-5 variety possessed low moisture content which made it suitable for making potato chips. The controversy started with Pepsi suing the small and marginal farmers of Gujarat for alleged patent infringement and cultivating the patented variety. Pepsi’s legal suit against nine marginal potato farmers in Gujarat initiated the dispute over how intellectual property (IP) rights are used to intimidate small, marginal farmers and its infringement of farmers’ rights. But, on the other side, the interesting aspect was how IP infringement could be a setback for the companies that made the capital investment to develop the variety. The case study discusses the backlash Pepsi faced due to this IP rights legal suit and the punitive aspects of IP rights (IPR) law. Moreover, in the context of the global pandemic, the case study helped discuss the need to redefine the intellectual property rights regime keeping in mind global welfare. Complexity academic level The case is intended for use in postgraduate-level management courses in agricultural marketing, agribusiness, international business and economics. This study can help management students understand how IPR is defined, the apparent complexities associated with it and the adverse effect of it on small and marginal farmers in emerging economies. Supplementary materials Teaching notes are available for educators only. Subject code CSS 5: International business.

Europe’s GI Policy and New World Countries

Trade negotiations between the European Union (EU) and Australia and New Zealand (NZ) provide the opportunity to revisit the ongoing clash between EU and New World ( United States of America (USA), Canada, Australia, NZ etc.) countries over geographical indications (GIs). Since the EU-Canada negotiations, the EU has increased its GI demands and the Australia and NZ negotiations provide the first opportunity to assess these. NZ has agreed to privileges that exceed those in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and has fewer safeguards for NZ producers than were achieved in Canada. The EU’s GI demands to Australia are scrutinized in terms of competition, rule of law and consumer information criteria, providing a basis for considering how Australia should respond. A particular focus is the problematic issues raised in the demand that specific GI names be listed in the treaty without proper review and opposition procedures. Questions are also raised about the accuracy of EU GI labels and the relative merit of EU GI policy compared to certification mark GIs to promote regional development. On this basis it is suggested that Australia should reject a number of the EU’s GI demands as these lead to approving product labels which are deceptive for consumers Geographical indications, European Union, trade policy, regional development, consumer Information, food labelling, intellectual property

Juridical Analysis of Franchise Law in terms of Civil Law Aspects

Franchising arises due to the impact of the advancement of the global economic system. In the business world, especially in the world of trade, Indonesia is dominated by trade in goods which is the result of cooperation between Indonesian and foreign entrepreneurs. There are many forms of franchising in our environment, including fast food businesses such as those from outside and within the country such as Mc Donald, KFC, Pizza Hut, Simple RM, Mbok Berek, Mrs. Suharti and many other brands that are familiar to businesses. home furnishings and office furniture such as Ace Hardware and Ikea. In Indonesia, the legal basis governing franchising is basically not listed in the Criminal Code, but is regulated in Government Regulation No. 42 of 2007 concerning Franchising and also in Regulation of the Minister of Trade of the Republic of Indonesia Number 53/M-DAG/PER/8/2012. Basically the franchise agreement is a type of agreement that is born and grows in the community whose arrangements can be seen in the previous explanation, therefore the franchise agreement is classified as an innominate type of agreement. As referred to in Article 3 of Government Regulation No. 42 of 2007 concerning Franchising, basically aspects of intellectual property rights play a very important role in it. The forms of legal protection contained in a franchise can be classified into two types of legal protection, namely protection in the form of preventive and repressive protection, while the forms of sanctions that can be applied are in the form of administrative sanctions, written warnings or can also be subject to revocation of STPW for Franchisor and Franchisee. who violate the provisions. As a social institution in the field of franchising, or what we are more familiar with as franchising, it is certainly not free from all its weaknesses, even so, this system still has various principles of benefit and advantages in it.

International Patent System - A Comparative Analysis

The Patents Act, 1970 was amended in 1999, 2002 and finally in 2005 to provide for product patents in chemicals, pharmaceuticals, food, and agro-chemicals and bring in other necessary amendments in line with Trade Related Aspects of Intellectual Property Rights (TRIPS). Patents Rules have been commensurately amended, initially as Patent Rules, 2003, which were further amended in 2005, 2006, 2012, 2013, 2014, 2016, 2017 and 2019. India became signatory to Patent Cooperation Treaty (PCT) in 1998. Consequently, patent filing in India, including National Phase applications under PCT, has increased exponentially. Indian Patent Office is a major PCT filing country and functions as ISA/IPEA under PCT.