Forms Of Intellectual Property Research Articles

Confiscation of Copyrights in Investigations of Criminal Actions in the Field of Taxation and Tax Collection

This article discusses the confiscation of copyright as a form of intellectual property in the investigation of criminal acts in the field of taxation and tax collection. Copyright legal provisions recognize the moral right of creators to defend their rights from things that are detrimental to their personal honor or reputation through certain legal measures, while tax law regulates the authority to carry out confiscation in the event of criminal acts in the field of taxation or unpaid tax debts. This can cause conflicts between legal provisions in their implementation and raise questions about how to confiscate copyright as an intangible movable object. To answer this question, the author carried out a juridical analysis of the provisions of Copyright law and confiscation, prepared arguments for the relevance of Copyright confiscation, and drew conclusions inductively based on the results of the analysis. With the conclusion that there is a legal basis for confiscation related to investigations, but regarding tax collection it does not have sufficient legal basis and requires further regulation of confiscation authority. The exercise of confiscation authority that is not against the law will not conflict with the Creator's legal efforts to defend his rights.

Heterogeneity in PhD entrepreneurship: strategic alignment of institutional, organisational, and individual factors

AbstractMuch of the existing research on PhD entrepreneurship is focused on Academic Spin-Offs (ASOs) within the parent institution’s formal intellectual property (IP) structure. Cross-level analysis of a survey administered to 23,500 PhD students in Italy shows the heterogeneity of PhD students’ entrepreneurial activities, which, in addition to ASOs, include start-ups, corporate spin-offs and other types of businesses. We examine the types of drivers that matter most for different forms of PhD entrepreneurial ventures. Our findings reveal two forces at play: a technology-push model where PhD students rely on IP and support from the parent university, and a demand-led model that involves support from industry and sources of external finance. This study highlights the strategic alignment among the determinants of PhD entrepreneurship at the micro, meso and macro levels. These determinants include the individual PhD student’s choices, the interactions with different stakeholders and reconciliation of the tensions represented by the organizational and institutional resources and infrastructures.

From depth and breadth of knowledge to technological capability: a journey inside a firm's intellectual capital

In the current knowledge‐intensive economy, a firm's intellectual capital refers to its idiosyncratic internal and external knowledge‐related assets. While technological knowledge is a major constituent of intellectual capital, past research has often equated it with technological capability. However, technological capability includes not only codified knowledge, but also tacit know‐how that is not captured by formal intellectual property. We argue that while a firm's patents might serve as a proxy for measuring its base of technological knowledge, they are not a good proxy for a firm's technological capabilities. Therefore, we offer a novel approach based on a machine learning technique to capture a biopharmaceutical firm's technological capabilities using the clinical trials that it carries out. Picturing a hypothetical journey where firms transform and exploit technological knowledge to move towards building technological capabilities, we address a research gap on the link between a firm's depth and breadth of technological knowledge on the one hand, and its technology diversity on the other. Analyzing a sample of 204 biopharma firms from 2006 to 2018, we find a positive relationship between the breadth of technological knowledge and technology diversity in a firm. In contrast, the relationship between the depth of technological knowledge and technology diversity is negative. We also find that in the presence of product/market diversification, the positive relationship between the breadth of technological knowledge and technology diversity is stronger. Implications for research and practice are also discussed.

“A Name Which to Them is Sacred”: Quakers and Religious Trademarks in American Enterprise

Abstract This article examines disputes surrounding the ownership and appropriation of the name “Quaker” in American enterprise in the late nineteenth and early twentieth century. I focus specifically on efforts by the Society of Friends – colloquially known as the Quakers – to prohibit the use of the name of any religious church, denomination, society, or association in commerce, thereby rendering religious trademarks unregistrable. By exploring disputes around the Quaker name, I argue that the Society of Friends strategically appropriated terminology provided by trademark law (product origin, goodwill, distinctiveness) to claim ownership in the Quaker name while simultaneously arguing that religious names were sacred and thus could not be owned as a form of intellectual property. This historical debate provides insights to crucial questions about the spectral operation of trademark law in the United States. For instance, how are the taxonomies and logics of trademark law ‘possessed’ or spectrally animated by other pre-existing cultural/theological dimensions of ownership? Conversely, how does trademark law then reconstitute pre-existing logics around naming within religious organizations, for instance by providing new frames (the name as defense for consumer confusion or as guarantor of divine source) for understanding American religious practice?

A Optimizing Intellectual Property as a Fiduciary Security Object After the Issuance of Governmental Regulation No. 24 of 2022

The issuance of Governmental Regulation no. 24 of 2022 on the Executory Regulation of Law no. 24 of 2019 on Creative Economy has become a zephyr for creative economy actors with regard to intellectual property-collateralized financing schemes for their businesses. The regulation also further reinforces intellectual property ownership as a standalone fiduciary object that should no longer be viewed as supplementary collateral. This paper aims to study the optimization of governmental regulation on the creative economy with respect to intellectual property-collateralized financing. To this end, a normative legal method was applied by focusing on the secondary data. The research topic was scrutinized following the prevailing regulation and relevant literature. With the issuance of Governmental Regulation no. 24 of 2022 Creative Economy, it further strengthens the ownership status of intellectual property rights as objects of material guarantees. Every citizen, especially creative economy actors, can apply for business capital loans, which can be used as collateral objects and can be classified in the form of intellectual property which must be registered or registered with the Director General of Intellectual Property, Ministry of Law and Human Rights. This consequence has an impact on the establishment of an intellectual property appraisal institution that has the task of evaluating intellectual property that will be used as collateral.

Pelindungan Rahasia Dagang Dalam Proses Pengadilan Tertutup Dikaitkan Dengan Undang-Undang Nomor 30 Tahun 2000 Tentang Rahasia Dagang

Intellectual Property is a right that arises from the results of thought that produce a product or process that is useful for humans. One form of Intellectual Property is Trade Secret. Trade Secrets are recognized and protected under Law No. 30 of 2000 concerning Trade Secrets. The purpose of this study is to determine the legal certainty of conducting closed hearings against trade secret violations in the UURD and its comparison with regulations of other countries, as well as determining the legal actions that should be taken by the owner of a trade secret in facing court proceedings to protect trade secrets in relation to the UURD and its comparison with other countries.
 This study uses a normative juridical method with descriptive analytical research specifications. The comparison method used is the method of comparison of legal instruments, especially comparison of legislation. Data collection techniques used in this study were literature studies and interviews.
 Based on the research conducted, it can be concluded that the provisions in Article 18 of the Trade Secret Law do not provide legal certainty regarding how trade secrets can be protected in the trial process. The condition in which both parties must request to close the trial is not in line with the Judge's obligation to protect Trade Secrets. The legal remedy that can be taken by the Trade Secret Owner is to request that the trial of the Trade Secret case be held behind closed doors. This application is made not because of the conditions contained in Article 18 UURD, but based on the obligation of the Trade Secret Owner to make all proper efforts to safeguard the Trade Secret. An application to close the trial should not be rejected by the Judge, because refusal is a violation of the Owner's right to maintain a Trade Secret.

DOMAIN NAME PROTECTION IN SOUTH AFRICA

This paper investigates the legal mechanisms that are available when one is dealing with domain name disputes. It describes the domain name system and contrasts this with other forms of intellectual property. The different types of domain name conflicts are discussed and the legal measures available for protection of domain names as intellectual property are highlighted. Reference is made to national protection measures such as the Trade Marks Act 194 of 1993 and common law protection of intellectual property. Certain international legal mechanisms such as the World Intellectual Property Organisation’s rules with regard to online domain name dispute resolution and the United State’s Anticybersquatter Consumer Protection Act of 1999 are also discussed as these measures have a direct influence on some domain names of South African businesses. Lastly the changes to domain name dispute resolution procedures envisaged by the Electronic Communications and Transactions Act 25 of 2002 are discussed.Since the advent of e-commerce a new species of highly valuable intellectual property has developed. Although there are remarkable similarities between domain names and “common law trade marks” and trade marks protected by the Trade Marks Act 194 of 1993 there are also important differences, which cause uncertainty and confusion when disputes involving domain names arise. These differences flow mainly from the unique characteristics of domain names. The purpose of this note is to investigate the domain name system as it is used in South Africa, to compare domain names and trade marks, and to look at the protection mechanisms which an aggrieved party may have at his or her disposal if he should find that his business name or trade mark (or something similar) is being used by a domain name registrant in a way that conflicts with his interests. In addition, a short comparison of how these problems are addressed by the international community, particularly the USA and Britain, will be made.

Ripped from the Headlines: Contemporary Practices in the Adaptation of Journalism as Screen Fiction

ABSTRACT The relationship between journalism and the film industry has been widely discussed, but the process of adapting journalism for the screen has not previously been analysed in detail. This article traces the intensification of Hollywood films adapted from longform journalism in US newspapers and magazines between 2010 and 2019 and examines how journalism has come to be traded and processed as a form of intellectual property. The corporatisation of journalism adaptation is investigated through the consideration of two companies which specialise in adapting journalism for film and TV. The article proceeds to analyse two films in detail: A Beautiful Day in the Neighborhood (2019), adapted from Tom Junod’s article “Can You Say … Hero?” and Hustlers (2019), adapted from “The Hustlers at Scores” by Jessica Pressler. The journalists whose work was adapted participated in promotional activities for both films and were represented on-screen, in fictionalised form. As such, this article also considers how journalists may function as authorial presences in the adaptation of their work. Finally, the article considers how Neighbourhood and Hustlers negotiate the relationship between fiction and nonfiction, seeking territory between the truth status and authority asserted in journalism and the dramatic invention of film.

Evaluating the Impact of Data Exclusivity on the Price of Pharmaceutical Imports

Abstract Data exclusivity is a form of intellectual property (IP) protection that restricts competition by preventing generic firms from relying on originator test results to win regulatory approval. It is a TRIPS-Plus intellectual property provision often required by Free Trade Agreements (FTAs). This study analyses the impact of data exclusivity on aggregated pharmaceutical import prices in a set of 16 countries that enacted data exclusivity as required by FTAs, and six comparator countries that had not introduced this type of IP protection. It uses a difference in differences methodology appropriate for datasets in which treatment occurs at different periods, and in which treatment affects are heterogeneous over time. Between 1996 and 2014, pharmaceutical import prices were 14–20% higher on average in countries that had enacted data exclusivity than those that had not. Since these laws only applied to products entering the market after their enactment, their impact took time to become apparent. It eventually became quite large. The first statistically significant difference in prices occurred seven years after countries introduced data exclusivity. Nine years after these changes, the price differences averaged 175–210%.

Experimentation and appropriability inearly‐stageventures: Evidence from theUSsoftware industry

AbstractResearch SummaryThis study examines the tension between learning and appropriability that arises as early‐stage ventures experiment in the market. When formal intellectual property protection is weak, the learning benefits of experimentation may be offset by the imitation risks. I test this argument on a hand‐collected dataset of 1,203 US‐based software ventures, using thesoftware release life cycleterminology to measure experimentation and the 2014 US Supreme Court decisionAlice Corp v CLS Bank Internationalas a negative shock to patent protection. Following this ruling, treated ventures are less likely to engage in experimentation. This pattern is stronger for ventures facing low uncertainty or strong competition. Overall, the evidence suggests that ventures perceive the tension between learning and appropriability and adjust their strategy accordingly.Managerial SummaryThe Lean Startup suggests that entrepreneurs should rely on experimentation in bringing their products to the market. However, the return to experimentation also depends on its costs. One potential cost is the risk of imitation. I study whether ventures perceive the trade‐off between learning about the market and the risk of imitation. I hand‐collect data on over 1,200 US‐based software ventures. I analyze the effect of the US Supreme Court decisionAlice Corp v CLS Bank International, which weakened patent protection for firms building financial software. I find that, once patent protection becomes more difficult, ventures conduct less experimentation in the market. Therefore, ventures appear to perceive this trade‐off and take it into account in designing their strategy.

Проблемы развития интеллектуальной собственности и инноваций в России

The article substantiates the need for the development of intellectual property in Russia in the conditions of the global innovation economy and identifies the problems that hinder its development. The relevance of this article lies in the fact that the development of intellectual property and innovation is an important factor for achieving sustainable economic growth and improving the competitiveness of the country. In the modern information society, where knowledge and innovation play a key role, countries strive to create a favorable environment for the development of intellectual property and the promotion of innovation. The development of intellectual property and innovation should be one of the priorities of state policy. The purpose of the study is to propose measures for the development of intellectual property and innovation in Russia, based on world experience. To identify problems and identify areas for improving the policy of intellectual property management in terms of education, popularization, digitalization, finance. To achieve the research goal, several approaches are used. Analysis of the current legislation, since it is important to understand the laws and regulations concerning the protection of intellectual property, the promotion of innovation, technology transfer and international cooperation. Data collection and analysis. This allows you to evaluate the current state. Formulation of recommendations and proposals for improving measures aimed at the development of intellectual property and innovation in Russia. The article uses research methods, including analysis of literary sources, comparative analysis of practices and policies of other countries, analysis of legislation and economic data. The main problems faced by innovative companies in Russia were analyzed, including the lack of state support, insufficient funding, difficulties in obtaining patents and other forms of intellectual property. A critical analysis of the current measures used in Russia is presented separately, the reasons for low inventive activity are revealed. The necessary directions of development are also highlighted and recommendations are given. As a result of the study, the main measures that the state can take to support innovation and the development of intellectual property in Russia were identified. Among them are increased financing of innovative projects, simplification of procedures for obtaining patents and other forms of intellectual property, creation of special innovation support centers, etc. As further directions of research, the author suggests the study of specific practices of intellectual property development in other countries and their adaptation taking into account the conditions and capabilities of Russia. The practical significance of the work lies in the fact that its results can be used to develop new policies and measures to support innovation in Russia. Further research may be aimed at a deeper analysis of the problems related to intellectual property and innovation in Russia, as well as at studying the experience of other countries in this area. The recommendations proposed in the article can be used to develop new programs and measures to support innovation in Russia, as well as to conduct more in-depth research in this area. The article may be useful for specialists in the field of intellectual property law, scientists and business leaders, as well as for government agencies interested in the development of an innovative economy in Russia.

Legal Protection of Employee Invention for Patent Inventors in the Working Relationship

The development of intellectual property rights is influenced by technological developments. One form of intellectual property is a patent that is produced in the form of inventions or new inventions by inventor employees who work in the official or government or private sector. The purposes of this study are: (1) To find out the doctrine used in patent renewal, (2) Legal protection against employee invention for employees in the government sphere with private companies, and (3) Patent ownership arrangements for inventor employees in Asian countries. The research method used is normative juridical by using secondary data. This study’s results indicate differences in the protection of ownership of inventions produced by inventors or employees from several countries, such as Indonesia, Japan and the United States. Some patents are owned by the inventor’s employees and some are owned by the employer.

Could Kuansing’s Pangasius Kunyit Be Protected by Geographical Indication?

One form of intellectual property that tries to offer legal protection for the origin of a good, commodity, animal, etc. is a geographical indication. In the waterways of Riau Province, there is a species of catfish called Kuansing’s Pangasius kunyit. It is identified as a geographical indication potential of the Kuantan Singingi Regency based on information collected by the Indonesian Communal Intellectual Property National Data Centre. This study aims to investigate the possibility of Kuansing’s Pangasius kunyit being protected as a geographical indication and the efforts made by the local government to support the advantages of Kuansing‘s Pangasius kunyit through geographical indications. This investigation relates to the law. A conceptual methodology is used. The local government was required to support the program in order for Kuansing’s Pangsius kunyit to be certified as a geographical indication.

Saving Ukrainian Lives During the Russian War: Ukraine Must Waive IP Rights under Article 73 TRIPS to Provide Access to Essential Medicines

Abstract In light of the severity of the health crisis in Ukraine due to the Russian aggression, the Ukrainian government must urgently implement expeditious solutions to increase the supply of essential medicines and medical products. One such measure is to exploit all existing domestic manufacturing capacities that are still intact and seek any potential possibility to import essential medicines from abroad. For this, all the barriers would need to be eliminated, including those in the form of intellectual property (IP) rights that might protect many essential medicines that are currently needed in Ukraine. This article argues that the existing mechanism of compulsory licensing under TRIPS and Ukrainian IP law is not effective to resolve the problem of access to medicines during such a critical situation as the ongoing war. It therefore suggests that Ukraine must immediately waive all IP rights related to essential medicines and medical products to enable the domestic production and seek any potential import of generics and biosimilars of essential medicines. Such a waiver would be justified based on ‘security exceptions’ of Art. 73(b)(iii) TRIPS. This provision allows a WTO member to utilise measures to protect its essential security interests taken in time of war. It is hoped that this article will provide guidance to the Ukrainian government on the most effective way to deal with the current health crisis in Ukraine and, thus, would help to save lives of millions of people in Ukraine that suffer from Russia’s unjustified, horrific aggression.

International Copyright Flexibilities for Prevention, Treatment and Containment of COVID-19

Most policymaking attention with respect to intellectual property barriers toCOVID-19 prevention, treatment and containment has been focused on patents.This focus is reflected in the World Trade Organisation (WTO) Ministerial Decisionon the TRIPS Agreement, adopted on 17 June 2022, which provides a limited waiverof TRIPS rules on compulsory licences for production of COVID-19 vaccines. Theoriginal WTO proposal for a TRIPS waiver, however, explicitly applied to all formsof intellectual property, including copyright. This article outlines the numerous waysin which copyright can create barriers to addressing COVID-19. It also provides adescription of international copyright treaty provisions that permit uses of copyrightmaterials in response to the barriers identified, despite the exclusion of copyrightfrom the final TRIPS waiver.

Mariana Mazzucato: leading a new type of economics

Mariana Mazzucato is a firebrand economist. In 2020, she became Chair of the WHO Council on the Economics of Health For All. “The idea was instead of doing the usual of saying invest in health because it's good for the economy, what if you said invest in health for all and backtrack to design an economic system to deliver on that, meaning design a different form of budgeting, a different form of procurement, a different form of intellectual property, a different form of public–private ways of working together on projects”, she explains.

A potential intellectual property issue with the way in which some nomenclature code decisions are made

AbstractThis article examines the legal status of nomenclature codes and their application to denomination in certain forms of intellectual property, in particular plant breeder's rights and patents for micro‐organisms. Its objective is to show how rigidity and the absence of appeals against nomenclature decisions can have adverse effects on the rights and even earning potential of applicants.

The Hidden Costs of Securing Innovation: The Manifold Impacts of Compulsory Invention Secrecy

One of the most commanding powers of the U.S. Patent and Trademark Office (USPTO) is to compel inventions into secrecy, withholding patent rights and prohibiting disclosure, to prevent technology from leaking to foreign competitors. This paper studies the impacts of compulsory secrecy on firm invention and the wider innovation system. In World War II, USPTO issued secrecy orders to more than 11,000 patent applications, which it rescinded en masse at the end of the war. Compulsory secrecy caused implicated firms to shift their patenting away from treated classes, with effects persisting through at least 1960. It also restricted commercialization and impeded follow-on innovation. Yet it appears it was effective at keeping sensitive technology out of public view. The results provide insight into the effectiveness of compulsory secrecy as a regulatory strategy and into the roles, and impacts, of formal intellectual property in the innovation system. This paper was accepted by Toby Stuart, entrepreneurship and innovation. Funding: This work was supported by Harvard Business School (Division of Research and Faculty Development) and the National Bureau of Economic Research (Innovation Policy Grant). This material is based upon work supported by the National Science Foundation [Grant 1951470]. Supplemental Material: Data and the online appendices are available at https://doi.org/10.1287/mnsc.2022.4457 .

Uporabni model – nov oblik intelektualnog vlasništva u Republici Hrvatskoj

With the entry into force of the new Patent Act (Official Gazette No. 16/2020), it is possible to protect a new form of intellectual property in the Republic of Croatia; the utility model. The aim of this paper is to investigate the characteristics of that institute, especially its scope of protection and in this regard to analyse the similarities and differences of the newly introduced institute in relation to similar industrial property rights that exist in comparative law. Furthermore, the paper will attempt to demonstrate the similarities and the differences between the protection of the utility model and the consensual patent that existed in the Republic of Croatia before the adoption of the new Act.

Simple Patent Protection: A Case of Sarung Tenun Goyor Indonesia and The Comparison to Malaysia Utility Innovation Protection

The work or products of SMEs are important for the protection of intellectual property rights. The Sarung Tenun Goyor in its production process has gone through long ideas and experiments to produce a distinctive motif and shape, but it becomes a problem whether a traditional work can be subjected to simple patent protection and instead ignores social values ​​and the value of community justice. In addition, Malaysia also has certain protection for utility innovalition that close to simple patent protection in Indonesia. This study is intended to analyze the simple patent protection in the case of Sarung Tenun Goyor Indonesia and Malaysia Utility Innovation Protectopn. This study showed that to fulfill the novelty element, development of the existing production process could be carried out while still paying attention to the values ​​of justice, social, and propriety. The fulfillment of Access Benefit Sharing stipulated in Law Number 13 of 2016 concerning Patents provides legal certainty of simple patent protection derived from traditional knowledge. Whereas the production process of the Sarung Tenun Goyor can be said to be a form of intellectual property and fulfills the elements as a simple patent object. The conclusion of this research is that the production process of the Sarung Tenun Goyor has not received legal protection. The Patent Law provides legal certainty for the development of the sarung tenun goyor production process by fulfilling Access Benefit Sharing (ABS).