Intellectual Property Development Research Articles

The WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge: Situating a Landmark Development in International Intellectual Property Governance

Abstract This article analyses the recently adopted World Intellectual Property Organization Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge. The result of over two decades of discussions, the WIPO Treaty represents a landmark achievement in international intellectual property law and governance, establishing a mandatory disclosure requirement for patent applicants who utilize genetic resources and/or associated traditional knowledge in their inventions. This article dissects the key provisions of the Treaty, focusing on the mandatory Disclosure Requirement for patent applicants and the associated sanctions for non-compliance. The relationship between the WIPO Treaty and other international instruments is also addressed. Finally, the article considers how the Treaty is positioned within the broader landscape of intellectual property developments at the bilateral and regional level, particularly within Free Trade Agreements.

Evaluation of the Development Effectiveness of Intellectual Property Operation for Science and Technology-based Small and Medium-sized Enterprises: Based on the Research Data of Qinchuangyuan Innovation Driving Platform

Science and technology-based enterprises promote national economic growth and facilitate scientific and technological innovation. This study takes the development of Intellectual Property (IP) operation of science and technology-based enterprises as the research object and constructs a relevant evaluation index system. It also takes the data of 112 small and medium-sized science and technology-based enterprises within the Qinchuangyuan Innovation Driving Platform as an example, conducts statistical analysis and case analysis, and concludes development strategies. The results of the study provide policy suggestions for further strengthening and promoting the development of intellectual property operation by enhancing the efficiency of the IP operation system and policy services for small and medium-sized enterprises (SMEs) in science and technology, promoting the construction of supporting facilities and improving employee satisfaction; as well as simplifying the IP filing procedures, optimizing the financing environment, and establishing a platform for regular evaluation and information sharing to accelerate the transformation of IP; and at the same time, implementing a mechanism for efficient policy fulfillment and departmental linkages to enhance the implementation of the policies and form a high-quality business environment that will help SMEs in their development and technological innovation of SMEs.

Practical Reforms in the Field of Copyright Protection in the Republic Of Uzbekistan and Their Promising Results

This article examines the ongoing efforts to enhance legal literacy, awareness, and the protection of intellectual property rights in Uzbekistan, focusing on the “Strategy for the Development of Intellectual Property in the Republic of Uzbekistan for 2022-2026.” It highlights the significant legal reforms undertaken since the 2017-2021 development strategy, including the adoption of over a thousand laws aimed at fostering transparency, civil society engagement, and human rights protection. However, several challenges persist in the legal protection of intellectual property, such as inadequate public knowledge, weak integration of intellectual property in production processes, and insufficient coordination among relevant state bodies. The research explores how collective management of intellectual property rights, inspired by international models, can address these challenges. It also delves into the institutional reforms needed to ensure efficient legal protection, prevent counterfeit products, and promote the use of intellectual activity results in the economic and social sectors. The article concludes with recommendations for improving Uzbekistan’s intellectual property framework, increasing public engagement, and positioning intellectual property as a key driver of the country's socio-economic development.

The Spherical Tokamak for Energy Production (STEP) in context: UK public sector approach to fusion energy.

The UK's fusion energy approach has developed over the past 5 years to include government policy initiatives and a range of public sector investments designed to be delivered in partnership with the private sector. These have aimed to create an environment that stimulates innovation and investment to deliver economic as well as scientific and environmental benefits throughout the lifetime of the public sector fusion energy programme. The Spherical Tokamak for Energy Production acts as a focus and anchor for both public and private sector efforts to develop fusion energy, developing the supply chain and potential for Intellectual Property development and export opportunities well ahead of the anticipated STEP completion date of 2040. This is maximized by the UK's approach to a holistic research and innovation programme backed up by a regulatory and skills programme. This article is part of the theme issue 'Delivering Fusion Energy - The Spherical Tokamak for Energy Production (STEP)'.

Navigating intellectual property challenges in China: Insights from RCEP and domestic factors

AbstractIn a high‐quality economic era, China needs innovative development. Intellectual property (IP) innovation and development are the first driving forces in China. At the same time, China has signed the Regional Comprehensive Economic Partnership agreement (RCEP), which has had a significant impact on the development of China's IP law. Under the combination of these two factors, China's IP innovation and development environment are worth studying. This paper uses the “factor analysis method” from five dimensions, including initiatives for civic awareness, regional IP development foundation, legislative support, law enforcement measures, and judicial protection, to study the development environment of IP innovation in 31 provincial regions in China, in the past 3 years. It is found that IP development in various regions of China is insufficient in some way, and the scores of different provinces vary greatly, so it will inevitably affect the development of China's IP integrally and then affect the construction process of strong provinces and cities with intellectual property rights (IPR). The novelty of this research is its in‐depth investigation into how the RCEP and global partnerships are influencing the transformation of China's intellectual property landscape. This transformation requires legal adjustments and underscores the importance of specialized IP judge training, alignment with international norms, and regional IP progress to realize China's ambition of becoming a dominant force in intellectual property. Combined with the fact that RCEP has come into effect in China and has had a significant impact, it is necessary to develop China's IP undertaking from legislative, judicial, law enforcement, and international cooperation aspects.

Science and the nation-state: What China’s experience reveals about the role of policy in science

Abstract China’s rapid rise and spectacular growth in science capacity reopens a discussion about the relationship between science and the nation-state. Literature suggests that science thrives within a democratic system and that scientific activities tend to have a liberalizing effect on governments. Neither of these phenomena appears evident in China’s case. Three policies, present in the earliest days of the growth of modern science, ones in common with other nations, factor into China’s science policy: (1) policies enabling protection of intellectual property, (2) encouraging mobility and skills development, and (3) government procurement of science and technology, especially through military purchases. Using Graham’s interactionist model, I suggest that policies instituted by the state-created conditions for emergence of modern science.

The Regional Comprehensive Economic Partnership: intellectual property and trade in the Asia-Pacific

ABSTRACT This article considers the evolution of the Regional Comprehensive Economic Partnership (RCEP) – with a particular focus on intellectual property, trade, and sustainable development. This narrative concentrates on the position of Australia – while also discussing the interests of other participating nations. This article charts the aims and objectives of the intellectual property chapter of RCEP. It explores the copyright provisions of RCEP – considering the implications for access to knowledge, innovation, and competition. This article examines the treatment of trade mark law, Internet Domain Names, and geographical indications. It evaluates the regime for patent law and related rights such as data protection, trade secrets, and biologics – with a particular concern for access to medicines and the COVID-19 crisis. It also explores sui generis regimes of intellectual property – such as plant breeder's rights, access to genetic resources, and Indigenous intellectual property. The conclusion considers the future of RCEP – especially given competing mega agreements such as the Trans-Pacific Partnership (TPP); the Belt Road Initiative; and the Indo-Pacific Economic Framework for Prosperity.

Innovation and Entrepreneurship Education Practice Reform for College Students Majoring in Food - Independent Intellectual Property Probiotics Research and Development as An Example

近年来，随着高等教育质量的不断提高，高校创新创业教育逐渐加强，并取得显著进展。这一教育模式在提升教育质量、促进学生全面发展、推动毕业生就业创业以及服务国家现代化建设方面发挥了重要作用。然而，创新创业教育在实施过程中也面临一些问题。本文针对现目前食品行业创新创业的问题，以自主知识产权益生菌项目为例提出了一系列措施，旨在为食品功能化、智能化和信息化发展培养合格的双创人才。

Legal Considerations in the Development and Commercialization of Corporate Intellectual Property

With the exploitation of the internet and societal innovations and legislative shifts, it is repeatedly being raised as to whether and to what degree businesses and individuals can protect their intellectual property and in economic terms the worth of doing so. To date, how to capture value from IP and what can be considered an effective IP strategy are subjects for which there is no definitive answer as the solution is very much industry and firm-specific. Therefore, the primary goal of this paper is to provide a strategic perspective on intellectual property exploitation and management in a manner that is relevant to the business objectives of today's corporations. In doing this, this paper will argue that the effective management of IP is a complex process requiring a synthesis of insight from several disciplines ranging from strategy to finance and law. The argument underlying this is that in the same way that today's corporation has changed the way to strategy and management of other business assets, there too is a need to change how IP is both managed and exploited. This theme is prevalent throughout the following analysis, however, these two opening sections aim to provide a comprehensive framework that links and articulates the various aspects of corporate IP. This framework will be of most use to managers and decision-makers with responsibility for IP who are seeking to maximize the value of their property to use it as leverage to gain sustainable competitive advantage. A second audience for this paper is the academically minded. A sign of changes to come is that IP is now a topic of academic research in various fields that encompass PhD and other advanced studies. In addressing the wide disciplinary audience, the following analysis draws evidence from a mix of academic and business sources.

The COVID-19 Crisis: Intellectual Property and Sustainable Development During the Pandemic

The COVID-19 Crisis: Intellectual Property and Sustainable Development During the Pandemic

Problems and Legal Protection of Art Works in Non-Fungible Token (NTF) Practices

This article analyzes the Non-Fungible Token, abbreviated NFT, which is a digital certificate that can be used to verify who owns certain assets in the world of crypto art, where this certificate represents ownership of authentic works of art. Non-Fungible Token (NFT) as a digital asset as well as several legal issues that arise related to NFTs, especially in the field of intellectual property law including copyright protection and legal construction of copyright ownership of NFTs. This study uses a normative legal research method with a statutory approach. This study aims to find out how the legal problems in the practice of intellectual property development commercialization of non-fungible tokens (NFT) and how to protect works of art in the form of Indonesian non-fungible tokens (NFT). The results of this study indicate that although in Indonesia there are no specific regulations that explicitly regulate Non-Fungible Tokens (NFT), the rights of creators of works are generally protected by Law Number 28 of 2014 concerning Copyright, but from an intellectual point of view property development, NFT presents the potential for the development and commercialization of works through digital media that has a wide reach and provides more optimal monetization opportunities.

A Bibliometrics Analysis of Medical Internet of Things for Modern Healthcare

The integration of the Internet of Things (IoT) in healthcare has been a popular topic in recent years. This article provides a comprehensive review of the medical IoT for healthcare, emphasizing the state of the art, the enabling technologies to adopt virtuality and reality interaction, and human-centered communication for healthcare (the Metaverse, Extended Reality (XR), blockchain, Artificial Intelligence (AI), robotics). In particular, we assess the number of scientific articles and patents within the period 2015–2022. We then use the two-stage process following the Preferred Reporting Items for Systematic Reviews and Meta-Analyses (PRISMA) and screening techniques. From that, the relations among the published papers can be visualized. This study examines the insights by evaluating the weights and connections of the nodes in the bibliometric networks. The reviewed papers showcase the rapid growth of IoT-related studies and intellectual property developments, reflecting the burgeoning interest and investment in this domain. As this paper delves into the network of interconnections between these works, it fosters a deeper understanding of the current state of IoT applications in healthcare and uncovers potential research gaps and areas for future exploration. This paper also provides a brief view of the role of IoT in healthcare research and application in combination with emerging technologies such as AI, blockchain, the IoT-enabled Metaverse, robotics, and cloud computing. The article can serve as a guideline and inspiration for both researchers and practitioners in the smart health service sector.

Separate Issues of Implementation of Parallel Imports Regime and Related Problems of Intellectual Property Protection in Russia under Sanctions

It is already possible to conduct a comprehensive assessment of parallel imports introduction into the Russian legislation, which aims at providing Russian consumers with goods that are no longer available on the national market due to the sanctions against the Russian Federation adopted in 2022 and a number of companies suspending their activities in the Russian Federation. Exhaustion of intellectual property rights has been known in the world for quite a long time as a tool aimed at ensuring a balance of interests of copyright holders, consumers and importers, as well as a tool for ensuring international competition. In a particular state, one or another regime of exhaustion is applied taking into account the economic, political foundations of the functioning of the state economy, legal and evolutionary prerequisites. In this context, the paper presents a number of conclusions and proposals aimed at optimization of the parallel imports regime in Russia. The author considers some aspects of the customs, and substantiates the expediency of direct consolidation of international exhaustion of rights in the Russian legislation and possible development trajectories of the «list» approach to parallel imports. General approaches to the protection of intellectual property under sanctions are formulated, as well as proposals for solving problems related to the use of copyright objects belonging to copyright holders who have suspended their activities in Russia following sanctions regimes. The formulated conclusions and proposals could be summarized and taken into account in the Strategy for the Development of Intellectual Property in Russia — a strategic document that is extremely necessary in order to systematize and optimize measures for the development of approaches to the protection and promotion of the creation of intellectual property in Russia.

IMPACT OF DIGITALISATION ON PRODUCTIVITY GROWTH IN EU MEMBER STATES

Recent economic studies on the relationship between digitalisation and economic growth show some ambiguity in the results due to the use of different methods, measures, country samples and time periods. The purpose of this article is to theoretically substantiate, build and econometrically test the model of the impact of digitalisation and other important factors on the growth of total factor productivity in the countries of the European Union for the period of recent years for which data are available. Methodology. The regression analysis of panel data with fixed effects was conducted. The regression estimation of the model is done for 27 EU countries and the entire European Union for the available periods 2017-2022. The robustness of the model to the choice of alternative regression methods, heterogeneity, autocorrelation and random effects is also tested. The model is based on the principles of the endogenous growth theory. The author substantiates and models the relationship of productivity growth with digitalisation, exports, imports, use of intellectual property rights, research and development, foreign investment, human capital and institutions; calculates the indicator of total factor productivity (TFP) based on the Cobb-Douglas function; the European Commission's Digital Economy and Society Index (DESI) is chosen as a measure of digitalisation. Regression results. It is proved that digitalisation is an important factor in productivity growth in the countries of the EU sample, which has a positive and significant impact on total factor productivity (a 1% increase in the digitalisation index leads to an increase in TFP by about 0.1%). Trade openness (exports and imports) was confirmed to remain a key factor affecting productivity. Income from the use of intellectual property rights has a positive, statistically significant impact on TFP growth, although the magnitude of this impact is rather small compared to the impact of digitalisation and trade. It has been found that the quality of institutions can be important for productivity growth, which is an argument for relevant reforms at the level of the government and local communities. The impact of research and development, foreign direct investment, and human capital on TFP growth is difficult to interpret due to the lack of statistical significance of these parameters, which requires further research.

Intellectual Property in Malaysia: Initiatives, Challenges & Real Infringement Cases

"The Industrial Revolution 4.0 has improved economic and societal well-being in Malaysia, and this has necessitated creativity and invention, which has resulted in the development of intellectual property. Intellectual property rights (IPR), which include patents, copyrights, designs rights, and trademarks, are largely responsible for providing incentives and protections for creative inventions. Yet, disputes between the parties at the time of IP registration and at a later stage still occur despite the intellectual property protection being in place. Hence, this study attempts to shed light on the numerous IPR activities taken by the Malaysian government, as well as on IPR challenges, their preventative measures, and actual infringement instances. Scopus, Web of Science, Science Direct, and Google Scholar were only a few of the databases that were examined to compile the literature on the subject from 2005 to 2021. This article contributes to the public’s knowledge and comprehension of intellectual property in Malaysian business, particularly in terms of its practices and difficulties."

VAN GOGH IMMERSIVE EXHIBITION: LESSONS & OPPORTUNITIES FOR TRADITIONAL CULTURAL EXPRESSIONS DEVELOPMENT IN INDONESIA

Van Gogh's immersive exhibition is held in more than 90 cities around the world including Berlin, Beijing, Paris, London, Madrid, Rome, Sydney, and Jakarta. Until mid-2023, the exhibition has been attended by more than 8.5 million visitors and is an example of intellectual property development. Corresponding to business, IP Development is the capitalization of ideas, creativity, and innovation in producing products or services that contain creative content through systems of human activity related to the creation, production, distribution, and consumption of goods and services that have cultural, artistic, aesthetic, intellectual and emotional values for consumers. This paper employs a descriptive-analytical approach to describe the relevant legal rules and legal theories of copyright and their application in the IP development of artworks for businesses and the opportunities for Indonesia. The finding of the study indicates that immersive technology as a platform for the development of artworks based on Traditional Cultural Expressions (TCEs) potentially creates opportunities for intellectual property legal protection and business development of Indonesia’s TCEs in the frame of Cultural Industries. The commercialization of TCEs using immersive technologies potentially helps in fulfilling two key objectives: capturing new audiences and contributing to economic profit. However, the involvement of legal and non-legal elements as the basis for the implementation conducted in a collaborative framework between state holders and relevant stakeholders is required

Dilemma to Dominance: Decoding the Evolution of the Indian Pharmaceutical Industry - A Case Study

The Indian pharmaceutical industry has undergone a significant evolution, transitioning from a domestically-focused sector to a global powerhouse. Initially, Indian pharmaceutical companies primarily catered to domestic healthcare needs. However, with the implementation of economic reforms in the 1990s, the industry witnessed rapid growth and expanded into international markets. The Indian pharmaceutical industry has experienced a remarkable transformation, establishing itself as a global leader in the production and export of generic drugs. The industry has demonstrated superior growth performance, making it one of the fastest-growing sectors worldwide. Productivity levels and innovation play a significant role in determining competitiveness, and the Indian pharmaceutical industry has shown impressive capabilities in these areas. Government policies have been instrumental in driving the industry's self-sufficiency and internationalization. The establishment of public sector pharmaceutical enterprises and the introduction of intellectual property regulations, pricing control, and research and development (R&D) support have propelled the industry's growth.
 This case study aims to provide an in-depth analysis of the journey of the Indian pharmaceutical industry, exploring its growth, challenges, and the dilemma it faces in balancing innovation and affordability. By examining the sector's perspective, challenges, and identified dilemmas, this case study aims to equip readers with a comprehensive understanding of the industry. The case delves into the journey and challenges faced by the Indian pharmaceutical industry. It investigates the industry's growth, the perspective of Indian pharmaceutical companies, the challenges they encounter, and the identified dilemmas. The case also provides teaching notes and objectives to enhance the readers' knowledge and decision-making skills within the pharmaceutical industry.

IJTIMOIY TARMOQLARDA MUALLIFLIK HUQUQINI HIMOYA QILISHNING O‘ZIGA XOS JIHATLARI

Today, social networks have become one of the main platforms widely used by the population. Cases of copyright infringement on social networks also occur due to the speed of data exchange. The constitutional reforms carried out in Uzbekistan and the adoption of strategic documents aimed at the development of intellectual property testify to the relevance of copyright protection. As a result of the study, it was concluded that the conditions for recognizing content posted on social networks as an object of copyright in accordance with the legislation of the Republic of Uzbekistan are not separately established; copyright infringement through social networks can manifest itself as a violation of personal non-property rights and property rights; it is necessary to improve legislation in the field of informatization; attention should be paid to organizational and legal aspects, including the regulation of the relationship between the owner (administrator) and the user of the social network in the protection of copyright in social networks. Based on the results of this study, criteria for evaluating content as an object of copyright were developed, and a circle of subjects entitled to apply for protection in social networks was determined. In addition, it was justified that it is necessary to develop general rules governing the user agreement in social networks as well as to clearly define the issue of copyright compliance in them.

USING THE GLOBALIZATION EXPERIENCE OF THE WORLD'S LEADING COUNTRIES IN THE FIELD OF INTELLECTUAL PROPERTY PROTECTION IN UKRAINE

In this scientific article, the author examines modern trends in the development of intellectual potential and protection of intellectual property based on the globalization experience of the world's leading countries – the USA, Germany, Great Britain, Sweden and France. The author focuses on the fact that their positive experience can be used by Ukraine, because the intellectual potential and the system of protection of intellectual rights in our country in the conditions of globalization and dynamic development of information technologies are exposed to much greater risks and threats, and the current legislation has long since not covered the necessary spectrum legal regulation of intellectual property relations. In particular, the experience of the USA can be useful in the formation of reliable legislative regulation, the creation of an effective Strategy for the development of Ukrainian intellectual property for the coming years, the establishment of stricter responsibility and control over the observance of intellectual property rights. The benefit of Great Britain's experience can be obtained if we go the way of establishing partnership and cooperation of our country in the investigated area, as well as establishing a tougher penalty for violations in this area. It is also appropriate to borrow the conceptual foundations of combating crime in the field of intellectual property, to develop plans for its prevention and countermeasures. The German experience will be useful in the following aspects: borrowing the desire for reliable and simple legislation, establishing an open type of relations between the state in the form of its authorized bodies that conduct their activities in the field of intellectual property, with citizens (right holders) in the information field, increasing educational and innovative level of development of the population of Ukraine. The use of Swedish experience may take place when borrowing Swedish technologies for the protection of intellectual property, in particular, the use of blockchain technology. The French practice of dynamic and innovative updating of legislative acts can be useful in the process of revising and modernizing the national legislation of Ukraine.

The SDLC Analysis for Implementation Document Management System at IPR Center of Universitas Jenderal Soedirman

The Document Management System (DMS), the Center for the Development of Intellectual Property Rights, is a web-based document management information system developed by the Center for Intellectual Property Development at Universitas Jenderal Soedirman. This system is used to archive documents digitally. However, because it did not work as intended by the user, the DMS Intellectual Property Rights Center did redesign both appearance and database relations. After the redesign process is complete, the SIMD Intellectual Property Rights Centre’s development results from the redesign need to be implemented in a production environment. For the implementation process to run well, it is necessary to analyze the factors that affect the deployment process with the implementation process in the widely used System Development Life Cycle (SDLC) model. By mapping these factors with the characteristics, advantages, and disadvantages of each SDLC implementation process, the V-shaped model's deployment process is more effective and efficient in its execution in a production environment. The results show that the results of this redesign procedure can solve the problems that have occurred so far.