Aspects Of Intellectual Property Research Articles

Legal perspectives on innovations and intellectual property rights

The article focuses on the legal aspects of innovations and intellectual property. The relevance of the study arises from the fact that innovations are increasingly affecting human life. At the same time, the issue of copyright is quite acute since intellectual property in the modern information space is a resource that must be protected very carefully. Therefore, the legal aspects of innovations and intellectual property require a comprehensive study. The following research methods were employed in this paper: description, analysis and synthesis, comparison, generalization, and modeling. The article describes the importance of innovations at the present stage. It defines the essence of the "innovations" concept. The authors reviewed normative legal acts representing the legal aspects of innovation. They include the Law of Ukraine "On Innovation Activity," the Law of Ukraine "On Priority Areas of Innovative Activity," the Law of Ukraine "On Priority Directions of Science and Technology Development," the Law of Ukraine "On State Forecasting and Development of Programs of Economic and Social Development of Ukraine." The role of the state in regulating innovations in the legal field is disclosed. Normative legal acts in the field of intellectual property were systematized. The DSTU 3574-97 Patent Formulary is analyzed, covering its basic provisions, the procedure for compilation and design, as well as the DSTU 3575-97 Patent Research, including its basic provisions and the procedure for conducting it. The authors also analyzed the Law of Ukraine "On Effective Management of Property Rights of Rights Holders in the Field of Copyright and (or) Related Rights," the Law of Ukraine "On Copyright and Related Rights," the Constitution of Ukraine, the Civil Code of Ukraine, Presidential Decree No. 299/2017, the Resolution of the Cabinet of Ministers of Ukraine "On the Formation of the Council on Intellectual Property Issues," and the "Patent Law Agreement."

THE URGENCY OF PROTECTING COMMUNAL INTELLECTUAL PROPERTY OF KAMASAN KLUNGKUNG WAYANG PAINTINGS THROUGH GEOGRAPHICAL INDICATIONS TO IMPROVE COMMUNITY WELFARE

Background: Geographical Indication is a sign that indicates the area of origin of goods and/or products which, due to geographical environmental factors including natural factors, human factors or a combination of these two factors, gives a certain reputation, quality and characteristics to the goods and/or products produced. Meanwhile, traditional cultural expression is the result of intellectual creativity of a group of indigenous peoples which has potential commercial value. Intellectual creativity of a group of indigenous peoples which has (potential) commercial value and its natural wealth has enormous potential to increase its value through the protection of communal intellectual property which can further improve the welfare of the Balinese people. This potential, if managed well, will be of benefit to the region as a characteristic of a region and can be used as a trade asset which is ultimately expected to improve the economy of the region where the product originates. One of them is the potential geographical indication of Kamasan wayang paintings which only exist in Kamasan Village, Klungkung Regency, Bali Province. Methods: This legal study analyses uses normative legal research methods, as a characteristic of legal science is its normative nature. The nature of this research uses analytical descriptive, and To obtain research results that reach the target, analysis of legal materials is carried out qualitatively. Result: Good management of intellectual property is a necessity and the key to success in developing and protecting superior regional products with the ultimate aim of increasing local revenue. These steps can take the form of identifying all existing regional potential, implementing a priority scale in developing superior products, providing a conducive business climate, supporting strategic and realistic policies, providing adequate facilities and infrastructure, and guaranteeing security and legal certainty. Conclusions: Following up on the letter from the Directorate of Brands and Geographical Indications Number HKI.4-KI.07.01.01-380, as well as in order to encourage the growth of One Village One Brand (OVOB) Brand registration and inventory of Geographical Indication (IG) products in the Klungkung district area. The potential for advancing the welfare of the Balinese people through Geographical Indications able to carry out an inventory of the potential for Geographical Indications which is aspect of Intellectual Property in Klungkung Regency by cultural diversity of the Wayang Kamasan Klungkung Paintings tradition.

The Ius Constituendum Implementation of Simple Patents for the Management of Traditional Medicines

<p>Traditional medicine in Indonesia actually has the potential to be developed and has economic value for society. One effort to develop it is by optimizing aspects of intellectual property, especially through simple patents. This research aims to answer two legal issues, namely: the urgency of a simple patent orientation for traditional medicines in Indonesia and the formulation of a simple patent orientation for traditional medicines in Indonesia. This research method uses normative legal research with a conceptual and statutory approach. The research results confirm that the urgency of a simple patent orientation for the management of traditional medicines in Indonesia has three benefits at once, namely from the aspect of technology development, developing types of traditional medicine products, to increasing economic value. In the aspect of technology development, a simple patent for traditional medicine entrepreneurs can increase the value of creativity and innovation to always develop existing technology. Future arrangements that can be made are by establishing special regulations that regulate increasing the economic value of traditional medicines through the development of simple patents. Ideally, this regulation must also regulate three main substances, namely: an inventory of the potential for traditional medicines in a place, the potential for technological development through simple patents, and an effective and efficient marketing network for traditional medicines.</p>

Intellectual property rights and limitations on farmers’ rights in Pakistan

Farmers are the life blood of agriculture. The role of farmers for the services done to agro diversity and their efforts to seed preservation, sufficiently justify their rights to seed. In the wake of World Trade Organization- Trade Related Aspects of Intellectual Property (WTO-TRIPS) agreement on Intellectual Property Rights (IPR) protection for all innovations including plants. Farmers’ traditional rights are compromised over breeders of new plant varieties. This paper aims to describe international plant protection systems under WTO-TRIPS and examines two international conventions on plant protection i.e., Seed treaty and Convention on Biological Diversity. This paper employs a doctrinal method to examine the rights of farmers in Pakistan by adoption of “Plant Breeders’ Rights Act”. It is revealed that the Act limits the traditional rights of farmers’ and have helped to gratify plant breeders; Pakistan despite signatory to seed treaty has ignored to protect rights of farming communities while, in compliance to WTO-TRIPS went on to a stricter model of IPR barring farmer’s right even to seed except saving and exchanging’. The study proposes some strategies to balance between the rights of farmers with that of breeders, thus, to achieve a better reform system for both growers’ and agro technologists.

Legal Protection Of Intellectual Property Rights In Global Business

Intellectual property rights (IPR) are an important asset for business people, both individu-als and companies. IPR can protect intellectual works, such as copyrighted works, patents, brands and industrial designs. The aim of this research is to analyze the legal protection of IPR in global business. This research uses normative legal research methods. Research data was obtained through literature study. Research data was analyzed qualitatively in three stages, namely data reduction, data presentation and conclusion drawing. The re-search results show that legal protection for intellectual property rights in global business has actually been regulated in various legal sources such as conventions, one of which is regulated by Article 27 (2) Universal Declaration of Human Rights, the TRIPS Agreement (Agreement on Trade-Related Aspects of Intellectual Property) convention. Rights), Berne Convention for the Protection of Literary and Artistic Works, and Paris Convention for the Protection of Industrial Property. This regulation shows that intellectual property rights are part of human rights that must be protected, respected and fulfilled by the government.

THE TRADEMARK RENEWAL PROCESS RELATES TO THE EXCLUSIVE RIGHTS OF THE BRAND HOLDER BASED ON LEGAL CERTAINTY

In this age of digitalization, the significance of Intellectual Property cannot be ignored. In experiencing the changing era, the Intellectual Property protection system also needs to adjust well, along with the changes, growth, challenges, and opportunities that exist. The growth of the era cannot be ignored, and in the context of the current growth of Intellectual Property, the protection system must also explore so as not to lag behind and protect the rights of individuals efficiently. With this growth, the process of acquisition and ownership of Intellectual Property as a form of protection of intellectual property, absolutely must be supported, facilitated and facilitated by all parties. With such support, facilitation, and ease, this will not only increase the number and quality of Intellectual Property ownership, but more importantly, it will reflect progress in the field of science and technology at the national level. Not only that, it is also a sign of economic progress and the welfare of citizens. The most important is the trademark which is one of and cannot be separated by aspects of Intellectual Property, along with the Exclusive Rights of the Trademark Holder. Because all of these contexts concern the principle of legal certainty. In the context of the disappearance of national borders due to globalization, with the presence of freedom of entry of objects and services. The management of intellectual property rights is very meaningful for the nation's materials because it can share legal protection for intellectual property owned by creators, inventors, designers, and creators related to their creations or intellectual works.

The Shortcomings of International Organizations in Addressing the Challenge of COVID-19 - The Cases of WHO and WTO

Under the influence of COVID-19, the shortcomings of some international organizations were exposed. This paper focused on the problems of the WHO and WTO in responding to COVID-19 and made suggestions. Lack of power and funding was a major reason for the WHOs failure in responding to COVID-19. Accordingly, we believed that the WHO should establish powerful authority and reform its funding mechanism as soon as possible. In the case of the WTO, although the WTO took some action in response to COVID-19, the shortcomings of the existing treaties, the Trade Policy Review Mechanism, and the Agreement on Trade-related Aspects of Intellectual Property limited the role of it. In addition, Looseness among members was also an issue that the WTO needed to address. Therefore, the WTO needed to do the following: first, clarify the ambiguous concepts in the existing treaties; second, develop new treaties; third, reform the TPRM; and fourth, solve the problems in the TRIPS agreement.

Signs of intellectual property as a value-legal phenomenon

In the work, the author focused attention on the relevance of studying the properties of intellectual property. It was noted that the relevance of intellectual property research through the prism of its conceptual and categorical dimension is determined by: firstly, the presence of various, sometimes doctrinally opposing theories of intellectual property; secondly, the doctrinal disputability of the characteristic of the functional purpose of the methodological toolkit developed by both legal science and general theoretical methodological research. It has been proven that the basis of defining any concept of legal science, improving its terminological consolidation in the provisions of the legislation of Ukraine are defined properties of the corresponding phenomenon or process, which are generalized and characterized within the limits of the corresponding system of features. Examining intellectual property from the point of view of a value-legal methodological approach, the expediency of revealing the signs of the specified concept, which from the point of view of methodology can be laid as a basis for the further definition of intellectual property as an independent concept of legal science and a term of domestic legislation, has been ascertained.In the content of the article, the author clarified the system and content of signs of intellectual property as a value-legal phenomenon based on the established and analyzed properties of intellectual property. It is noted that the independence of intellectual property in the system of doctrinal concepts and categories is proven by its ability to accumulate and formalize the valuable aspects of intellectual property as such, which by its essence reflects its spiritual value, and by its results, its acquisition of economic and material value.It is summarized that the concept of «intellectual property» is complex and multifaceted, which makes possible its conceptual dimension and corresponding conceptual understanding both within different sciences (economic, sociological, technical, legal, etc.) and within different methodological approaches and methods of scientific knowledge , the result of which is the possibility of providing appropriate definitions of the specified concept. This is confirmed by various definitions of the concept of «intellectual property» presented in encyclopedic literature (legal, economic, technical dictionaries), as well as in literary scientific sources.Therefore, it is summarized that the definition of the concept of «intellectual property» as a special value-legal phenomenon will contribute to the unification of such recognition, as well as strengthen its methodological importance for the development of the conceptual and categorical apparatus of other legal sciences, as well as any other social sciences in general.

Mediating impact of the protection and exploitation of intellectual property rights of local intellectual property on tourism development: An empirical study in Central Vietnam

After the global impact of the COVID-19 pandemic, the tourism industry encounters opportunities and challenges worldwide, including limited tourism resources, while considering intellectual property aspects such as place names, natural resources, traditional knowledge, and regional cultural heritage. This topic research is limited in Vietnam, especially quantitative one. Thus, this study aims to determine the impact of local intellectual assets (LIAs) on tourism development through the mediation of protection and exploitation activities of local intellectual assets. The data for the study were collected through interviews with 296 individual business households in Central Vietnam. The study utilized the SPSS and AMOS 25 software as research tools, and the Structural Equation Modeling (SEM) was applied to test the hypotheses. The research results indicate that local intellectual assets, consisting of reputation, specialties, traditional knowledge, and folk culture, directly and statistically significantly affect the residents’ perception and the local government’s support. Furthermore, through these two factors, local intellectual assets indirectly and statistically significantly affect protecting and exploiting local intellectual assets and the development of tourism activities. The study’s findings also provide a basis for local authorities and businesses to propose policy implications and management strategies that pay more attention to the issue of local intellectual assets and the protection and exploitation of local intellectual assets to serve tourism development.

PROBLEMATIC ISSUES IN INTELLECTUAL PROPERTY RIGHTS DEFENSE BY ATTORNEYS

This article aims to analyze the current challenges faced by attorneys in defending the intellectual property rights of their clients. In an era of rapid technological advancements and globalization, intellectual property has become a valuable asset but also more susceptible to infringements. Therefore, attorneys need to have a deep understanding of intellectual property concepts and principles, as well as the legal aspects associated with its protection. The article analyzes the main issues encountered by attorneys in defending intellectual property rights. These include lengthy registration procedures for copyrights, copyright infringements, plagiarism, unauthorized use of copyrighted works, patent infringements, and trademark counterfeiting. Attorneys are required to conduct research, gather evidence, and represent the interests of their clients in legal proceedings to ensure effective protection of their rights. The growth of technology and the development of the digital economy present new challenges in the field of intellectual property protection. Attorneys must stay informed about the latest technological trends and understand how these technologies impact the legal aspects of intellectual property. They need to adapt to the new realities of the digital economy and provide adequate protection for their clients’ rights in the digital environment. Attorneys should also engage in international cooperation regarding the protection of intellectual property. Globalization and international trade impose new requirements on attorneys, as infringements of intellectual property rights may have an international dimension. Collaborating with attorneys from other countries allows for the exchange of experiences and coordination of efforts to effectively protect clients’ rights in an international context. The conclusion of the article emphasizes the need for the introduction of a simplified registration process for intellectual property objects for attorneys and its significance. Rapid technological progress and globalization create new challenges in this field, and attorneys need to be prepared to adapt to changes and utilize modern tools and technologies for the effective defense of their clients’ rights. The importance of international cooperation for successful intellectual property protection on a global scale should also be emphasized.

Analysis of Chat GPT System Handling International Sports Intellectual Property Disputes

The Chat GPT artificial intelligence system is an extremely powerful information processing tool that can provide rich professional knowledge for scientific research. The aim of this study is to explore the theoretical basis, legal basis, governance concepts, jurisdiction methods, law enforcement measures, and other aspects of international sports intellectual property disputes through the Chat GPT system, in order to identify the shortcomings in the process of resolving international sports intellectual property disputes, and then propose the best solution for resolving international sports intellectual property disputes, To safeguard the relevant rights and interests of international sports intellectual property rights holders and promote the healthy development of international sports industry.

Plant Breeding and Intellectual Property Rights in Nepal

This article examines the adoption of plant breeders’ rights (PBR), also known as intellectual property rights (IPR), pertaining to plant breeding and genetics in various nations. Its main goal is to offer direction for the growth of an organized and competitive plant breeding industry in Nepal. The paper seeks to analyze the mechanisms that ensure adequate protection of intellectual property and returns on investment in plant breeding, drawing on international practices and treaties like the Convention on Biodiversity, Trade Related Aspect of Intellectual Property (TRIPS), and the International Union for the Protection of New Varieties of Plants (UPOV). The paper presents case studies to demonstrate how these issues are addressed by looking at the current IPR landscape in Asia, Europe, and North America. These results are the basis of policy recommendations to aid Nepal in developing a strong plant breeding industry.

Transforming or tinkering: the world remains unprepared for the next pandemic threat

Transforming or tinkering: the world remains unprepared for the next pandemic threat

Exclusive study on operation of 31 bis of trips-with special reference to public health

World wars brought economic depression resulting in the need to regulate the trade relationship among the international community. Such a need to regulate trade relationships among world states compelled them to sign the General Agreement on Tariffs and Trade (GATT) agreement. The initial stages of GATT did not have provisions to protect Intellectual Property Rights. There were international conventions to address the issues concerning Trade aspects of intellectual property. The international conventions were like the Paris convention for protecting an invention, Berne for Copyright, Madrid for Trademarks etc… Several rounds of GATT gave birth to the World Trade Organization in 1995. The World Trade Organization (WTO) planned to bring unification of Intellectual Property Laws and enacted a new multilateral agreement on Trade-related aspects of Intellectual Property Rights (TRIPS). TRIPS are multifaceted agreements where many aspects of IPR are discussed. Article 31 bis of TRIPs agreement concerning public health will be critically analysed in this paper. Article 31 Bis was the result of the Doha declaration that deeply discussed the issue of Article 31 F and its gap in serving the countries that lack the manufacturing capacity to address their issues of accessibility and affordability to pharmaceutical products.

A TWAIL critique of intellectual property and related disputes in investor‐state dispute settlement

AbstractThis article analyses intellectual property (IP) disputes in investor‐state dispute settlement (ISDS) through the lenses of Third World approaches to international law (TWAIL) and how a reformist TWAIL approach might be used to address the concerns related to IP‐ISDS disputes. It has three objectives. First, to discuss TWAIL and its readings of IP. Using the TWAIL framework, the article illustrates TWAILers’ positions on the Agreement on Trade‐Related Aspects of Intellectual Property (TRIPS) are an ideologist project that aims to transplant IP norms to developing countries and the role of actors, particularly industrialist lobbying in the making of international IP norms. Despite such views, the compromise that was made in the form of TRIPS’ flexibilities being threatened by ISDS mechanisms. Thus, the second objective of this article is to demonstrate the implications that recent IP‐related ISDS disputes could potentially undermine the balance achieved through TRIPS. The last objective is to demonstrate how the Global South is regaining its sovereign regulatory control through a reformist approach.

The Political Economy of Rights to the COVID-19 Vaccine in Southern Africa

Access to vaccine and medical technologies is a right derived from the right to health as enshrined in the International Covenant on Economic, Social, and Cultural Rights and other international and national conventions. However, there is a void between the commitment in principle to enhancing this access as part of the right to benefit from scientific progress on the one hand, and technical considerations surrounding universal access to health goods on the other hand. In Southern Africa, studies on the COVID-19 vaccine focused on how the international community has failed to commit itself to helping developing countries in providing aid towards vaccine procurement. Little effort has been directed at exploring alternatives to the manufacturing of generic vaccine. The study aimed to explore the possibilities of increasing the availability of generic vaccines in Southern Africa. An exploration of the potential of state institutions together with Africa-based pharmaceutical companies to ascertain the possibility of carrying out the task of manufacturing the vaccine was done. This was done through document analysis from literature that has been published on vaccine production of even other diseases as well as that of COVID-19. Literature comprised of official documents, academic publications as well as company documents. In addition to that, an analysis of documents on the enabling legal framework was also conducted. Through document analysis, national medicine policies that were reviewed indicated that although health is a constitutional right, the drafting of it did not factor the element that lack of access to vaccines seriously compromise the right to health. There was inadequate availability of human expertise, while commitment at national level was insignificant. On the enabling legal framework, it was noted that the World Trade Organisation, Trade Related Aspects of Intellectual Property also created inequality of access by prioritising intellectual rights more than access to health. Given the lack of expertise, insignificant national commitment, and promotion of the rights to health in some Southern African states, a higher mortality risk is imminent. Hence the need for a comprehensive establishment of equitable access to COVID-19 vaccine in Southern Africa countries.

A reply to: Chorzów Factory – intellectual property and the continuity of international law in investor-state dispute settlement

The case involving the nitrate factory at Chorzów, Upper Silesia has been the subject of much academic commentary. Last year the intellectual property aspects of the case were explored in this journal. In this reply, I express doubts about whether the case involved the expropriation of intellectual property rights (IPRs) for two reasons. First, there are grounds to question the existence of IPRs. Second, even if there were IPRs, the Permanent Court of International Justice does not appear to have found that IPRs were taken. Instead, the case serves as a reminder of the importance of identifying the legal status of an IPR in the relevant territory when seeking to protect it under international law. * My thanks to Martyna Mielniczuk-Skibicka and Kacper Górniak. All errors are my own.

Traditional Knowledge: Penetrating Intellectual Property

Traditional Knowledge (TK) during its introduction in Intellectual Property (IP), remained associated mainly with Patents. However, with passage of time, relation of TK has been witnessed and debated with Trade Marks, Copyrights, Geographical Indications. The growing debate on TK in association with patents has been shared by TK’s penetration into copyright, geographical indication and trademarks. The paper studies the reach of TK in IP and analyze the stand of TK in IP. The IP system seems different from TK. Both the concepts have different footings but they are face to face and are at cross roads. The demand of acknowledging TK at international level, be it at Trade Related Aspects of Intellectual Property or Word Intellectual Property Organization or even for a sui generis system, is growing. It is face to face with IP system. The global north is reluctant to have TK in IP and global south is pro to have TK in IP. Basically, it is the benefit sharing but again benefit sharing and TK cannot be taken into isolation when it comes to their contrast with IP. Convention on Biological Diversity gave the momentum to the demand of benefit sharing and protection of TK with is furthered by Nagoya Protocol. Since early, TK was in focus with IP specifically in context of patent. However, due to appropriation of cultures or material from public domain, a concern has been raised where TK is being captured by conventional IP system. The conversion or use of TK in various IP is not welcomed and is becoming a topic of debate in one or the other way. The paper tries to study and analyze the aforesaid situation. It would see how TK is being in limelight and in contrast with other IP. The paper would also be portraying that how conventional IP system is being exposed to different notions due to advent of TK. The focus of paper would remain on the TK’s association with patent and its association with other IP like copyright, trademarks, geographical indications.

Considerations of providing patent and trademark assistance services at one's library

PurposeThe authors' goal in writing this article was to provide background information and detailed considerations to assist those wishing to provide patent and trademark assistance at their libraries. The major considerations include staffing, spaces and resources, with the time commitment from the staff being the most significant.Design/methodology/approachThis paper combined the experiences of an author relatively new to patent and trademark librarianship with one who has years of experience. These were used in tandem with knowledge gained from a decade of attendance at annual week-long seminars at the United States Patent and Trademark Office (USPTO) as well as by way of a comprehensive literature review.FindingsThe main commitment needed in providing patent and trademark services to the public is not money but the investment of time, which includes professional development, staffing, teaching classes and workshops, outreach and consultations.Originality/valueThe information in this paper should serve as guidance to anyone new to providing patent and trademark services within their libraries, including those at Patent and Trademark Resource Centers (PTRCs), Patent Information Centres (PATLIBs) and beyond. Although articles have been published on various aspects of intellectual property (IP) and libraries, a comprehensive guide to providing patent and trademark services has yet to be published.

A strong and stable IP system incentivizes tools to combat COVID-19

The American Chemical Society Committee on Patents and Related Matters (CPRM) provides information and guidance to ACS and the broader chemistry community about patent and other intellectual property (IP) issues. During the pandemic, the world witnessed the power of science and innovation, including the creation of mRNA vaccines. The rapid deployment of these technologies was made possible by years of innovations incentivized by IP systems worldwide. This system has always played a vital role in incentivizing the discovery, development, and commercialization of novel scientific technologies that benefit not only those rewarded with IP rights but also the public. However, some have argued that our IP system is a hindrance and has contributed to the worldwide vaccine shortage, particularly in developing countries. At an October 2020 World Trade Organization (WTO) meeting, India and South Africa proposed waiving certain IP protections provided by the WTO Agreement on Trade-Related Aspects of Intellectual Property