Development Of Intellectual Property Protection Research Articles

Current Situation and Future Development of Intellectual Property Protection in China

This paper explores the current state of intellectual property protection in China and its future development trends, aiming to analyze the legal framework, policy implementation, and judicial practices in this field to reveal the challenges and opportunities faced. Through literature review and case analysis, the study systematically examines the impact of technological innovation on intellectual property protection, comparative international experiences, and future development trends. Key findings include: the continuous improvement of legal regulations, but the growing influence of technological changes on intellectual property protection, such as the new challenges and demands brought by emerging technologies like artificial intelligence and blockchain; at the same time, international cooperation plays a crucial role in enhancing the level of intellectual property protection. The study suggests future policy recommendations including further optimization of the legal framework, strengthening the coordination between technological innovation and intellectual property protection, and promoting international intellectual property cooperation to address complex challenges in the global context. This paper provides valuable insights and strategic measures for advancing the development of China's intellectual property protection system and implementing the country's innovation-driven development strategy.

Study on the Two-way Mutual Promotion Model of Digital Economy Development and Intellectual Property Protection

China has good soil for the development of digital economy, but the development of digital economy cannot be escorted by intellectual property rights. At present, the development of digital economy is facing many challenges and risks, and the development of intellectual property protection in China is in a new transition period, however, there is still a lack of intellectual property protection in the digital economy. Based on the analysis of the development status of digital economy and intellectual property and the interrelationship between them, an operation model is built to promote the development of digital economy and intellectual property in both directions, with the government, enterprises, society and the public forming an "ecosystem" to participate in the operation of the model, and a guarantee mechanism is set up to ensure the sustainable development of the model.

The legal and organizational principles of attestation of candidates to patent attorneys

Keywords: intellectual property, attestation, representation, legal status, patent attorneys
 The article is devoted to the study of the organizational and legal principles of attestation of candidates to patent attorneys in Ukraine. The article analyses formation and development of the institute of patent attorneys in the context of obtaining the legal status of a patent attorney and adducesperiodization of the stages of development of the attestation procedure from 1994 to2022. The possibility is substantiated of conditional distinguishing of four stages. The first stage of formation of legal bases of the institute of patent attorneys in Ukraine (1994−1996) is connected with creation of legal bases of functioning of the institute, definition of standard and requirements for obtaining the legal status of a patent attorney, introduction of procedure of attestation of candidates to patent attorneys, formation of community of patent attorneys. The second stage of the development of the institute of patent attorneys conditionallylasted from 1996 to 2016 and is conditionally characterized as a period of strong development of the patent attorneys community, in particular by regular attestation, the creation of the first professional association of patent attorneys and their active assistance in the development of intellectual property protection.
 The third stage, which has been ongoing from 2017 to the present, is actually characterized by the suspension of attestation and the block of the possibility of obtaining the legal status of a patent attorney. It has been established that the result of the reform of the system of legal protection of intellectual property, in particular the liquidation of the State Intellectual Property Service and the subordination of the relevant sphere of intellectual property to the competence of the Ministry of Economy, was the suspension of the attestation procedure. The exclusion from participation in the attestation procedure of the educationalinstitution, based on which attestation and transfer of the relevant functions to the subordinate enterprise took place, partially complicated the continuation of the attestation procedure. The expulsion from participation of the educational institution in the attestation procedure, because of which the attestation took place and transfer of the relevant functions to the subordinate enterprise, partially complicated the continuation of the attestation procedure. The attention has been drawn to the absence of the corresponding order of the Ministry of Economy on the approval of composition of the Attestation and the Appeal Commission. The authors have described the prospects for the development of the attestation procedure at the fourth stage, which can tentatively begin in 2022.

Eco-tourism services in light of new clusters and application of intellectual property rights

Contemporary eco-tourism includes the basic principles of sustainable development and actively contributes to the preservation of natural and cultural heritage of a specific area by involving the residents of local communities in the planning, development and distribution of generated revenues. It is based on the abundance of biodiversity (particularly rare and endemic species), the traditional knowledge and folklore tradition of a specific area. Products and services that are specific to this form of tourism have always been on the verge of being both beneficial and harmful for the identity of a particular area. Yet, one of the current solutions for attaining good economic results of eco-tourism is grouping all available resources within a particular local community for the purpose of promoting its distinctive features and diversity. In this paper, the author discusses a significant trend of forming eco-tourism clusters and points out to the contemporary solutions aimed at protecting the genetic resources, traditional knowledge and folklore of local communities within tourism services. The development of intellectual property protection, whose goal is to preserve traditional knowledge and skills of certain local communities, has a significant impact on the development of eco-tourism as well as on the increase of its competitiveness in the global market.

Weak Enforcement of Intellectual Property Rights in China: integrating political, cultural and structural explanations

The discrepancy between de jure and de facto protection of intellectual property rights in China remains a heatedly debated topic. Unfortunately, political motivations have distorted the debate from its very beginning, which has not only resulted in a tendency for the different explanations to be played off against each other, but has also reinforced their specific flaws and biases. This study addresses these problems by advancing and integrating the three main explanatory frameworks for explaining the situation. The resulting integrated framework finds that structural factors such as bureaucratic fragmentation and political decentralization matter most in practical terms, but their durability cannot be understood without putting them into context. The findings also suggest that, contrary to most predictions, the future development of intellectual property protection in China might not follow the path laid down by other countries that have modernized in the past.

Global Proliferation of Bilateral and Regional Trade Agreements: A Threat for the World Trade Organization and/or for Developing Countries

The recent proliferation of bilateral and regional agreements can be described by two significant features: 1) being mainly North-South agreements, and 2) covering trade-related and non-trade-related issues, that go beyond the liberalization or protection recognized by the WTO. These so-called WTO-plus issues also cover issues in the area of intellectual property protection. This paper aims at analyzing whether the described recent development poses a threat to the WTO or to developing countries. While focusing particularly on the field of intellectual property protection, the author argues that the threat of a deadlock in the WTO is unlikely. The strategy of forum-shifting during the international development of intellectual property protection suggests that the bilateral/regional level on the one hand and the multilateral level on the other alternate and will continue to do so. For developing countries, the proliferation of PTAs that contain TRIPS-plus issues poses significant problems which need to be addressed. The pace with which bilateral and regional agreements proliferate threatens to undermine a large part of the policy space of developing countries. This paper aims at raising the awareness among the public, and developing countries in particular, of the costs of TRIPS-plus standards concluded in bilateral and regional trade agreements.