Industrial Property Research Articles

COMPARATIVE ANALYSIS OF THE PROCEDURE FOR OBTAINING A PATENT FOR AN OBJECT OF INDUSTRIAL PROPERTY AND TERMINATION OF ITS VALIDITY IN THE USA AND THE REPUBLIC OF UZBEKISTAN

The article discusses a comparative analysis of the procedure for obtaining a patent for an object of industrial property and the process of termination in the United States and the Republic of Uzbekistan. The study is based on a comparative analysis of the legal norms governing this process in both countries, taking into account their main legislative acts, Patent laws, established procedures and judicial decision practice. This analysis allows us to identify differences and similarities in the procedure for obtaining a patent and terminating its validity in the United States and Uzbekistan, identify the main stages and requirements, the roles of relevant authorities and authorities, as well as assess the degree of protection of intellectual property rights in both countries. The findings can be useful for lawyers, patent agents, innovative enterprises and government agencies interested in protecting and supporting intellectual property.

Trademarks and Industrial Designs Management in European Industry in the Context of Industrial Property Safety

Abstract Utilization of companies trademarks and industrial designs in the market strengthens activities of selected companies. Authors of the paper analyse the significance of a trademark and industrial design for the level of the company's industrial property safety. The threats resulting from the lack of trademark registration were identified and analysed, and selected cases from the case law in the field of trademark protection were reviewed to indicate the scope of protection and safety of products placed on the market.

ПАТЕНТНАЯ ИНФОРМАЦИЯ В РАЗВИТИИ ВИДОВ СОВРЕМЕННОГО ИСКУССТВА

The article focuses on the integration of technical solutions into the sphere of art. The issue is that the art is attributed to the copyright, practically not using the full potential of industrial property and state protection of technical solutions. A patent is not only a legal document certifying priority and authorship, but the description to it is a full-fledged information resource that contains reliable information about the development. The article identifies the advantages and methodological grounds for using patent information in research activities, which can help reveal previously unknown features of the creativity of figures or art movements, for example, technologies for creating works of art in the field of sculpture, graphics and painting or Theremin prototypes. Based on the presented descriptions of inventions in music, painting, sculpture, for which protection documents were issued by the Russian Empire, the USSR and the Russian Federation, conclusions were drawn that patent information is a source of both cultural understanding of art and the creative process in creating new works of art.

Labour-market needs for industrial property competencies of non-lawyers

Intellectual property includes not only copyright but also industrial property (IP), which consists of inventions (patents), trademarks, industrial designs and models, and designations of origin. In order to identify the importance of these competencies of non-lawyers, e.g. engineers, managers, in companies, an online survey was conducted in some European countries as part of the Erasmus+ IPEDU project in 2021. This paper presents the results (n= 175) from four countries: Croatia, Portugal, Romania, and Slovenia. The results provide information about the perception of the importance of IP knowledge in industrial companies, the benefits of this knowledge for the companies, the implementation of training for employees, and the hiring practices of external experts. IP knowledge seems to be very important for companies, but they rarely organize IP training for their own employees. They require IP skills from job applicants and expect the education system to provide this knowledge. Important differences were found between countries, especially in the perceived usefulness of IP knowledge, skills, and training. As IP knowledge becomes increasingly important in industry and society, the study offers a new perspective on the importance of including IP in the education system and the need for non-lawyers to be knowledgeable in this area.

Investigating the effectiveness of organic binders as an alternative to bentonite in the pelletization of low grade iron ore

Bentonite is the traditionally used binder in iron ore pelletization. However, it consists of up to 85% silica and alumina which are undesired acidic gangue in iron-making. In this study, carboxymethyl cellulose, sodium lignosulfonate and cornstarch were used as acidic gangue-free organic alternatives to bentonite in synthesizing iron pellets. Iron ore, water and the corresponding binder were mixed and rolled in a pelletizing disk to form green pellets. The green pellets were dried and subsequently indurated in a furnace at 1200 ℃ to form indurated pellets. To evaluate the effectiveness of the organic binders, the pellets produced were tested on various pellet properties. Known industrial pellet property standards and the bentonite binder were used as references. Carboxymethyl cellulose, sodium lignosulfonate and corn starch produced green pellets with average drop numbers of 7.20 ± 0.84, 5.60 ± 0.89 and 6.00 ± 1.00 respectively, compared to bentonite’s 5.00 ± 0.71. Dry pellets of average compressive strength 5.93 ± 0.09, 5.86 ± 0.03 and 11.52 ± 0.18 kg/pellet were produced by carboxymethyl cellulose, sodium lignosulfonate and corn starch respectively while bentonite’s averaged 5.60 ± 0.08 kg/pellet. For indurated pellets, carboxymethyl cellulose (210.2 ± 1.88 kg/pellet) and sodium lignosulfonate (198.1 ± 2.49 kg/pellet) pellets were weaker than those of bentonite (250.4 ± 2.06 kg/pellet) but satisfied the industrial requirement of 181.4 kg/pellet. A boron oxide additive (0.1 wt. %) was used to boost the strength of carboxymethyl cellulose indurated pellets to 252.6 ± 1.32 kg/pellet, rendering them superior to those of bentonite.

Microstructural and Mechanical Characterization of Large Surfaces after Laser Cladding by Wavering of Nickel Coating on Cast-Iron Molds Used in Glass Industry

Laser cladding of a Ni based powder on cast iron is performed by a 4kW continuous diode laser. For this, a robot programming method named “Wavering” is used. Indeed, this method allows to cover large surfaces (width higher than 5 mm and thickness higher than 4 mm). The cast iron substrate used during this work is employed for its thermal properties in glass mold Industry. However, it has drawbacks which are weak wear, corrosion, and abrasion resistance. Conventional techniques used to protect the molds, like Plasma Transferred Arc (PTA), affect the molds microstructure, but also the thermal and mechanical properties. The laser cladding of the Ni based alloy allows to protect the molds without affecting the cast iron thermal properties (low Heat Affected Zone). The purpose of this research is to produce a well bonded Ni based melted powder without pores or cracks on large and curvilinear surfaces. First, the coating, adapted to this substrate geometry, is optimized. Then, an investigation of the impact of the processing parameters (power, scanning speed and wavering frequency) on the microstructure is carried out. Besides, the mechanical behaviour is analysed by microhardness. In addition, the evolution of the Heat Affected Zone (HAZ) according to the processing parameters is observed. Two kinds of areas are inspected in terms of microstructure: a stable area obtained after a single pass and an interferenced area linked to superimposed passes. Those analyses led to a cladding parameter optimization to obtain perfect bonding, to avoid porosity propagation and to limit the HAZ emergence on curvilinear surfaces. Finally, in comparison with the PTA technique, it appears that laser cladding process with wavering method leads to a good coating of curvilinear surfaces.

Effect of yeast chromosome II aneuploidy on malate production in sake brewing

Chromosome aneuploidy is a common phenomenon in industrial yeast. Aneuploidy is considered one of the strategies to enhance the industrial properties of Saccharomyces cerevisiae strains. However, the effects of chromosomal aneuploidy on the brewing properties of sake have not been extensively studied. In this study, sake brewing was performed using a series of genome-wide segmental duplicated laboratory S.cerevisiae strains, and the effects of each segmentally duplicated region on sake brewing were investigated. We found that the duplication of specific chromosomal regions affected the production of organic acids and aromatic compounds in sake brewing. As organic acids significantly influence the taste of sake, we focused on the segmental duplication of chromosome II that alters malate levels. Sake yeast Kyokai No. 901 strains with segmental chromosome II duplication were constructed using a polymerase chain reaction-mediated chromosomal duplication method, and sake was brewed using the resultant aneuploid sake yeast strains. The results showed the possibility of developing sake yeast strains exhibiting low malate production without affecting ethanol production capacity. Our study revealed that aneuploidy in yeast alters the brewing properties; in particular, the aneuploidy of chromosome II alters malate production in sake brewing. In conclusion, aneuploidization can be a novel and useful tool to breed sake yeast strains with improved traits, possessing industrial significance.

Novel surfactants and their application as universal lubricity aids

AbstractThe reduction in friction is a desired property in many industries. Some of the applications include the movement of liquid or slurry through a pipeline in oil or mining, the grinding of one metal on another during fabrication, metal on paper in the making of nearly any paper product, to even something closer to home with the movement of a brush or comb through one's hair. Friction yields higher degrees of strain or stress on one or both of the substrates. This can be costly due to energy requirements, wear of equipment, or even breakage of the substrate. Even though the need exists in so many industries, the mechanisms of lubricity vary enough in each that there really is not a universal lubricity aid that can successfully be applied across the different industries. A family of novel lubricity aids based on alkyl polyglucosides have been synthesized and evaluated in the lab on both metal/metal friction reduction as well as comb/hair friction reduction. One of the modified alkyl polyglucosides has yielded excellent reduction in friction in both applications.

Protection Against Unfair Competition Carried out by the Court of the Eurasian Economic Union

The article contains an analysis of the problem of implementation of the provisions of Article 10 bis of the Paris Convention for the Protection of Industrial Property of 1883 in the legal system of the Eurasian Economic Union. The purpose of the research is to identify the specifics of the interpretation by the Court of the Eurasian Economic Union of the principles and rules of competition enshrined in the law of the EAEU, due to the need to implement Article 10 bis of the Paris Convention of 1883 in the legal system of the EAEU. To achieve the purpose of the recearch, the following tasks were solved: to identify the contribution of the EAEU Court to the development of the EAEU law in the part of the principles and rules of competition; to analyze existing problems in the practice of the EAEU Court for protection against unfair competition and to suggest ways to solve them. Formal-logical, problem-theoretical research methods, the method of analysis and synthesis were used in the study. According to the results of the analysis of the practice of the EAEU Court, it was revealed that along with section XVIII of the EAEU Treaty and Annex No. 19 to the EAEU Treaty, Articles 2 and 3 of the EAEU Treaty, acts of the EAEU bodies in the field of competition are applied to the “general principles and rules of competition”. The area of protection against unfair competition in cross-border markets is included in the scope of the unified policy of the EAEU. Compliance with the principles of a market economy and fair competition in the activities of the EAEU bodies is of key importance. The Commission’s faithful execution of the acts of the EAEU Court remains an unresolved problem. In the future, this problem can be solved if the EAEU Court is given the authority to invalidate the Commission’s acts, or a mechanism for clarifying judicial acts by the EAEU Court in the EAEU law is established.

Commercial real estate prices in Europe after COVID-19

PurposeThe article aims to analyze the behavior of commercial real estate prices in Europe, with a focus on the post-coronavirus disease 2019 (COVID-19) pandemic period. The authors use national and city-level data for the various commercial real estate sectors in ten countries, as well as listed real estate data, to assess any differences across property type and space.Design/methodology/approachThe authors analyze the behavior of commercial real estate prices after the COVID-19 pandemic, emphasizing differences across property types. For that purpose, the authors use national and city-level direct real estate data for the ten largest countries in terms of market capitalization, as well as listed real estate data. The article then turns to discussing the likely trajectory of commercial real estate prices in the future.FindingsThe recent rise in interest rates and geopolitical instability have affected prices differently across sectors. Industrial properties benefited from the pandemic, although prices declined significantly in 2022. Residential properties continued their upward price trend and have been the best-performing property type during the last two decades. Retail real estate continued its downward price trajectory. Thus far, office markets do not appear to be significantly affected by structural changes in the sector. The data for listed real estate markets in Europe suggest that markets bottomed out in early 2023.Originality/valueThis paper provides for a better understanding of the behavior of commercial real estate prices in Europe since the COVID-19 pandemic. The authors assess whether the effects found during the COVID-19 crisis were temporary or long-lasting. Also, many economic and political uncertainties have emerged since the beginning of the Ukraine war in February 2022, and it is important to analyze the effects of such uncertainties on commercial real estate prices.

Intellectual Property Rights in the Use of Blockchain Technology From A Contemporary Islamic Legal Perspective

This study investigates the potential of blockchain technology in safeguarding and managing Intellectual Property Rights (IPR) in Indonesia, focusing on copyrights and industrial property rights. It employs a qualitative descriptive methodology, using secondary data from relevant legislation and literature. Data analysis follows the Miles and Huberman technique. The results demonstrate that blockchain technology offers substantial promise in enhancing the protection and administration of IPR. It can validate copyright ownership, record copyright-related transactions, and enhance security and transparency in copyright management. Moreover, it can be relevant in safeguarding trademarks and patents, efficiently tracking ownership and usage, and preventing infringement. The study implies that the implementation of blockchain technology in IPR management in Indonesia requires more detailed regulations and collaboration among stakeholders. It also highlights the need to consider contemporary Islamic Law perspectives to ensure optimal protection for creative and intellectual rights in the digital age.

Integrating an artificial intelligence chatbot in scientific communication: Dos and don’ts

The art of narrative and storytelling in scientific prose is now considered as an integral part of any well-rounded scientific communication process. Hence, when the AI-driven ChatGPT facility was made available online many scientists wanted to assess this new marvel. Over the course of several months, we explored its functionalities and opportunities in the field of scientific publication and collected both positive and negative experiences. Among the latter, the most compelling example was asking ChatGPT for scientific references. In this short communication we describe dialogs in which we sought to steer the AI towards fact-based assertions while it continued to produce false citations of papers, abstracts, communication to non-existing congresses, etc. Through exchanges on the forum of the open AI platform we realized that other scientists have encountered the same problem, even when searching for patents and industrial property rights. Our recommendation is that the AI of ChatGPT would be instructed on the role and uniqueness of scientific paper citations. Moreover, relevant agencies should plan for creating and adopting policies to rule out inappropriate behaviors by AI in fields in which errors could cost (at least) loss of trust in science by the general population.

PH-induced physiochemical and structural changes of milk proteins mixtures and its effect on foaming behavior

Milk proteins are well known to produce aerated food due to the amphiphilicity. However, milk proteins are commonly added in blends for the desirable properties in food industry. In this study, the foaming properties of milk protein mixtures (MPM), a mixtures of whey protein isolated (WPI) and milk protein concentrate (MPC), was studied through foaming capacity (FC), foam stability (FS), and foam morphology at pH 3.0–9.0. Physiochemical, structural, surface properties, and Pearson correlation analysis were measured to gain insight into foaming behavior. Results indicated that MPM showed excellent FC (113.0–114.3 %) and FS (90.7–93.0 %) at pH 6.0–9.0, and foam displayed a smaller size and uniform distribution. MPM solutions showed smaller particles, higher solubility, and lower apparent viscosity at pH 6.0–9.0, which resulted in an increase in surface pressure and adsorption rate (Kdiff), facilitating more protein absorbed to interface. To further investigate structural changes, various spectral methods were used, in which the structure of MPM was changed with pH. Correlation analysis further suggests that Kdiff and solubility positively affect the formation of foam, while free sulfhydryl and β-sheet contributed to stabilizing foams. These findings provide valuable information on MPM as ingredients for aerated foods under acidic, neutral, and alkaline conditions.

Patenting trends by Mexican pharmaceutical companies.

Aim: the activity of patent claims by Mexican pharmaceutical companies is unknown. Objective: analyse the trend in patents of Mexican pharmaceutical companies. Method: a search for patents was carried out in the patent database of the Mexican Institute of Industrial Property, using the list of Mexican pharmaceutical companies belonging to the Mexican Association of Pharmaceutical Research Industries, and the codes A61K, A61P and C07 of the International Patent Classification. Results: the leading companies in patent applications were Liomont, Senosiain and RIMSA; however, Mexican pharmaceutical companies claim very few patents, only 266 patent applications in the period 2000-2020, with a technological factor with a value of zero, and a commercial factor of little value. Conclusion: Mexican pharmaceutical companies lack a robust patent system, without growth, and with a low percentage of patents with high commercial value.

Systematization of Ukrainian Legislation in the Sphere of Intellectual Property

The article contains proposals for the systematization of Ukrainian legislation in the field of intellectual property law, in particular the provisions of agreements and other transactions regarding the results of intellectual and creative activity. The author argues for the separation of intellectual property law into a separate complex branch of law, due to the specificity of its legal nature. It is proposed to regulate legal relations in this area in the general basic law on intellectual property law and two special laws: on copyright and related rights and on industrial property law. This will contribute to a holistic perceptionof intellectual property law and an understanding of its specifics, which will allow for proper protection of the results of intellectual, creative activity and strengthen the protection of the rights and legitimate interests of the subjects. In the general law of intellectual property, it is proposed to state the main provisions, in particular, on objects of protection, legal subjects and the content of their rights, general provisions of the agreements in the field of intellectual property law, their types and characteristics, as well as provisions on the protection of intellectual property rights. It is also important to establish the provision that not all agreements in the field of intellectual property are aimed at the disposal of intellectual property rights, and to give examples of such agreements. It is also proposed to include in the new law on intellectual property, in addition to the agreements currently provided in Chapters 75–76 of the Civil Code of Ukraine, provisions on technology transferagreements. With regard to special legislation, in addition to the existing Law of Ukraine «On Copyright and Related Rights», it is proposed to create a separate law on industrial property law, in which to specify which objects are objects of industrial property law, to allocate separate sections for each object of industrial property law, the specifics of agreementsin the field of industrial property, as well as the section on the protection of rights and legitimate interests.

Knowledge accumulation at the regional level and the role of intellectual property rights

ABSTRACT There has been a growing debate on the role of intellectual property rights (IPR) in the accumulation of knowledge and more recently on the role they play in ensuring long-term economic growth by supporting knowledge creation and expansion, incentivizing investment in R&D and innovation. This research aims to reveal the effects of industrial property rights on regional economic development in Turkey. In addition, and recognizing the heterogeneity across regions within the same country, we conduct the analysis with a caveat, by differentiating the effect across developed and developing regions. Our results suggest that industrial property rights have played a dual role, first by promoting the effort on investment in innovation activities measured as R&D intensity, and the amount of R&D employees, and second, by contributing to economic development. However, the impact differs between developed and developing regions.

Current and Future Trends in Textiles for Concrete Construction Applications

Textile-reinforced concrete (TRC) is a composite material consisting of a concrete matrix with a high-performance reinforcement made of technical textiles. TRC offers unique mechanical properties for the construction industry, enabling the construction of lightweight, material-minimized structures with high load-bearing potential. In addition, compared with traditional concrete design, TRC offers unique possibilities to realize free-form, double-curved structures. After more than 20 years of research, TRC is increasingly entering the market, with several demonstrator elements and buildings completed and initial commercialization successfully finished. Nevertheless, research into this highly topical area is still ongoing. In this paper, the authors give an overview of the current and future trends in the research and application of textiles in concrete construction applications. These trends include topics such as maximizing the textile utilization rate by improving the mechanical load-bearing performance (e.g., by adapting bond behavior), increasing design freedom by utilizing novel manufacturing methods (e.g., based on robotics), adding further value to textile reinforcements by the integration of additional functions in smart textile solutions (e.g., in textile sensors), and research into increasing the sustainability of TRC (e.g., using recycled fibers).

Rapid mechanochemical production of biocomposites by encapsulating enzymes to zinc based-two metal organic frameworks (ZIF-8 and Zn-MOF-74) for enantioselective hydrolysis reaction of racemic Naproxen methyl ester

The mechanochemical encapsulation of enzymes during the synthesis of metal–organic frameworks (MOF) have been thought to be a natural, economical, new, and environmentally friendly step in synthesizing supported enzymatic catalysts. In this study, for the first time, a mechanochemical technique was employed to immobilize Candida rugosa lipase (CRL), and two zinc-based MOF types (Zn-MOF-74 and ZIF-8) were preferred. The enzyme kinetics and immobilization parameters (pH, temperature, thermal stability and reusability) of the prepared encapsulated enzymes (Zn-MOF-74@CRL and ZIF-8@CRL) were investigated. The prepared encapsulated enzymes were characterized by FTIR, SEM and XRD. It was observed that the catalytic activity of Zn-MOF-74 @CRL was six times higher than that of ZIF-8@CRL. After five reuses, the activities of Zn-MOF-74@CRL and ZIF-8@CRL were found to be 81% and 73% retained, respectively. After being subjected to 60 °C for 120 min, ZIF-8@CRL and Zn-MOF-74@CRL maintained their activities at 65% and 73%, respectively. The enantioselective hydrolysis reaction of racemic naproxen methyl ester was chosen as the model reaction. The results showed Zn-MOF-74@CRL possessed better enantioselectivity (E = 245) than ZIF-8@CRL (E = 136). This study demonstrated that it is possible to create biocatalysts with excellent catalytic properties for the pharmaceutical industry using MOFs produced by the mechanochemical method.

Predicting trends in the sound transmission loss performance of steel-framed wall partitions using yield strength

Mechanical properties of beams and panels are commonly used for calculating structural loads and deformation under stress and strain. Stress and strain analysis for steel beams may result in the determination of yield strength, a commonly reported steel framing property in the steel industry. This characteristic of steel framing is rarely, however, linked to trends in sound transmission loss (STL). This paper provides an analytical basis for linking the yield strength of steel framing to the STL of vertical double-leaf partitions with a focus on acoustic impedance of the beam. Experimental data are shown that validates this analytical basis. These results may be used as evidence for including the reporting of the yield strength in standardized test reports.

Asset Assessment of Concrete Structure

Infrastructures which were constructed in the last century are approaching or have exceeded their design life. It is essential to maintain, repair and rehabilitate existing structures to ensure safety and develop a sensible rehabilitation plan. This paper suggests an inspection program for the condition evaluation of existing structures, particularly for structures that are approaching or exceeding their design/campaign lives. Cracking on concrete bridges is often induced by static and cyclic temperature loading. Throughout the service life of the structure, cracks will initiate, propagate, coalesce and form a greater damaged zone. Depending on the location and severity of the crack network; corrosion of reinforcement, debonding between concrete and reinforcement, and spalling of concrete may occur. The implementation of regular inspection or monitoring of structural condition is an essential component of asset management. Early detection of damaged zones can ease scheduling and reduce the cost of repair, which in turn also allows extension of structural lifespan without compromising safety. Similarly, for industrial properties, asset management and rehabilitation programs are paramount as they can significantly reduce capital expenditures in asset maintenance, if implemented prior to or at the early onset of structural degradation. This paper illustrates the use of NDT techniques for the condition assessment of a prestressed concrete bridge, as well as concrete storage silos. Both of which were either approaching or have exceeded their design campaign life and were needing a proper rehabilitation plan. The assessment included crack movement monitoring, crack depth determination, concrete strength estimation, and the detection of debonding between rebar and concrete.