Intellectual Property Conflicts Research Articles

Green growth: Intellectual property conflicts and prospects in the extraction of natural resources for sustainable development

Considering the global issues of resource depletion and climate change, the need for sustainable development is more significant than ever. This study focuses on China and examines the complex dynamics of green growth and natural resource exploitation through the prism of intellectual property conflicts and prospects to strike a balance between sustainable development and economic growth from 2000 to 2020. Advanced econometric techniques are essential to this research, such as the Cross-sectional Augmented Dickey-Fuller (CADF) test, the Cross-sectional Im, Pesaran, and Shin (CIPS) test, and the Cross-sectionally Augmented Distributed Lag (CS-ARDL) model. The study clarifies how important it is for intellectual property rights to spur innovation in environmentally friendly resource extraction techniques. It also evaluates the impact of taxes on the energy sector on China's energy transition rate, weighing the need for economic growth against environmental protection. This study thoroughly explains the opportunities and challenges related to intellectual property in green growth. It also offers important insights and strategies for academics, industry stakeholders, and policymakers who navigate the intricate landscape of sustainable resource exploitation.

Redes sociales y cirugía

During the last years, social media use has increased in the surgical community. Social media in surgery has created new challenges such as surgical education, patient privacy, professionalism, and the difference between the private and public virtual life. Facebook, YouTube or WebSurg are some of the main social media in the surgical field. Nevertheless, Twitter is the most common and relevant media for surgeons. Some Twitter Hashtag such as #SoMe4Surgery or #colorectalsurgery went viral and had a significant influence in the surgical community. Some of the uses of social media in surgery are education of younger surgeons, surgical research, and relationship between surgeons. However, not everything in social media is positive. Some negative issues of social media use in surgery are, for example, lack of privacy, intellectual property conflicts, conflicts of interest and mistakes in the published information. In this article, the main social media, the use of these media, the advantages and the possible risks and negative issues of social media are discussed.

Social media and surgery

During the last years, social media use has increased in the surgical community. Social Media in surgery has created new challenges such as surgical education, patient privacy, professionalism, and the difference between the private and public virtual life. Facebook, YouTube or WebSurg are some of the main social media in the surgical field. Nevertheless, Twitter is the most common and relevant Media for surgeons. Some Twitter Hashtag such as #SoMe4Surgery or #colorectalsurgery went viral and had a significant influence in the surgical community. Some of the uses of social media in surgery are education of younger surgeons, surgical research, and relationship between surgeons. However, not everything in social media is positive. Some negative issues of social media use in surgery are, for example, lack of privacy, intellectual property conflicts, conflicts of interest and mistakes in the published information. In this article, the main social media, the use of these media, the advantages and the possible risks and negative issues of social media are discussed.

TECHNOLOGY AND INNOVATION TO GROWTH OF ENTREPRENEURSHIP AND FINANCIAL BOOST: A DECADE IN REVIEW (2013-2023)

The study, "Technology and Innovation to Growth of Entrepreneurship and Financial Boost: A Decade in Review (2013-2023)," critically explores the intersectionality of technology, innovation, and entrepreneurship, delineating their collective impact on financial growth and economic enrichment over the past decade. Through an exhaustive examination of empirical data, literature reviews, and holistic case studies, this paper presents a nuanced analysis of the transformation and evolution of the entrepreneurial landscape within the context of the burgeoning advancements in technology and innovation management strategies. The investigative journey commences with an insightful delineation of the objectives and research questions aimed at understanding the multifaceted dynamics between technological proliferation, innovative applications, and entrepreneurial growth. Subsequently, a meticulous review of literature unveils the underpinning theoretical frameworks and foundational concepts, elucidating the symbiotic relationship between technology and entrepreneurship. Concepts such as the diffusion of innovations, disruptive technologies, and stakeholder theory are explored to comprehend the profound impacts on entrepreneurial ventures and their concomitant challenges and opportunities. The study further delves into the empirical exploration of the evolution of the entrepreneurial landscape from 2013 to 2023, offering a granular perspective on the diverse technological trends, market fluctuations, and innovative breakthroughs that have characterized this period. The challenges and risks associated with technology and innovation in entrepreneurial settings are highlighted, including discussions on market competition, technological obsolescence, intellectual property conflicts, and ethical considerations, providing a balanced viewpoint on the manifold aspects of entrepreneurial progression. Diverse real-world case studies of companies such as Tesla Inc., Beyond Meat, Square Inc., and Zoom Video Communications offer tangible manifestations of the intricate interplay between technology, innovation, and entrepreneurship. These cases exemplify the varied approaches and adaptive strategies employed by enterprises to navigate challenges, leverage opportunities, and effectuate significant market transformations and societal impacts. These serves as exemplary models of resilience, adaptability, and visionary leadership in the face of uncertainties and market dynamics. In conclusion, the study synthesizes the gleaned insights to project future directions in entrepreneurship, emphasizing the imperatives of sustainability, inclusivity, and ethical conduct. The study posits that the future of entrepreneurship will be marked by enhanced emphasis on social impact, environmental considerations, and the integration of emerging technologies. The recommendations outlined in the study advocate for strengthened ecosystem support, fostering of collaboration, and promotion of responsible and ethical business practices to cultivate a conducive and equitable entrepreneurial environment. This comprehensive exploration contributes significant insights to the academic discourse on technology, innovation, and entrepreneurship, offering valuable implications for practitioners, policymakers, and academia, thereby enriching the understanding of the dynamic interdependencies between these pivotal domains.
 Keywords: Entrepreneurship, Technology, Innovation, Financial, Economic Growth, Transformation.

The implications and effects of ChatGPT on academic scholarship and authorship: a death knell for original academic publications?

ABSTRACT ChatGPT, an artificial intelligence large language model, took the world by storm in November 2022. Its launch was met with excitement, and it garnered over 1 million users within the first five days of its release, surpassing social media giants like Facebook, Instagram, Twitter and even the top search engine, Google. Having been trained on volumes of data, ChatGPT has displayed the ability to produce human-like responses to questions. Concerns have been raised among members of the academic and research community regarding the ethical usage of ChatGPT and language models in education and academic/scientific research. This paper examines the development and rise of ChatGPT and similar AI tools, their pros and cons, their impact on academic research and possible intellectual property conflicts. It concludes that ChatGPT and language models are here to stay and makes recommendations for its ethical usage to prevent and detect plagiarism and protect intellectual property rights.

An Emerging Trend - ADR Mechanism in IPR Conflicts

India is country habitants having many religion and cultures, since centuries habitants of India has evolved with several forms of dispute resolution mechanisms and over period of time, they have customized, varied according to needs. Even though Britisher’s rulers had left Indian shores almost half a century ago, still several of these laws exist till date without any major changes. Wide Internet usage has rendered boundaries of the states meaningless. The people across the globe have realized its potentiality as an effective tool for communication, dissemination of information and e-commerce and enjoying to unrestricted access to multifarious interactions, transactions inevitably thereby raising many new issues in the nature of e-disputes to virtual sale/purchase of products through e-auctions or otherwise, domain disputes, trademark infringement, patents, software infringement, copyright, defamatory writings, fraud, privacy, etc. In this scenario the Intellectual Property Rights are becoming fundamentally exigent to get in to research collaborations and thereby making Intellectual property rights tool as valuable business assets for technological entities. The people across world over frequently involve in cross-border transactions having different backgrounds and different national laws or within different states of India. Some time disputable transactions create multi-jurisdictional disputes between the nationalities of different countries having different social backgrounds, mindsets. Usually those business entities having familiarity with alternative dispute resolution (ADR) are able to resolve such conflicts efficiently. As the determination of commercial or non commercial disputes before different national courts can result in to high legal and other costs as well as conflicting awards. Therefore, the ADR has a potential to provide business entities belonging to distinct nationalities a single unified forum of arbitration thereby having a final and enforceable award binding across multiple jurisdictions. Hence, increasingly, IP owners and users are approaching to many of known alternative dispute resolution (ADR) procedures like arbitration and mediation to resolve their IP disputes. In this scenario the World Intellectual Property Organization (WIPO) has been playing pivotal role since i ts inception in strengthening ADR procedures for IP conflicts and forefront in resolving IP conflicts through their specialized ADR procedures. The Intellectual Property conflicts are not that conflicts which cannot be adjudicated or resolved through ADR. As Intellectual Property conflicts being a specialised in its nature and it require specialised services of ADR experts in resolving IP conflicts, mainly due to non availability of IP experts in India is the main obstacle in resolving IP conflict through arbitration or through ADR. Thus, like any other emerging field of law, IP conflict resolution also has a plenty of debatable issues before it. In this research paper, It will be my endeavor to delve deep into these issues like amongst mainly i) Whether ADR: arbitration and mediation can be real alternative to IP disputes litigation, ii ) whether IP right disputes like any other commercial disputes can be brought under ADR procedure or not If so, to what extent?. iii) When is ADR to be preferred, when is it to be avoided; and, if ADR is preferred, what form of ADR should be pursued? iv) Whether, an alternative dispute resolution procedure can play effective role in resolving IP conflicts if so to what extent? v) Whether the parties to IP conflicts can reap overall benefits by invoking ADR procedures in comparison to traditional litigation, if so, to what extent? vi) Whether the use of a private consensual mechanism like arbitration or mediation procedures pose any threat to the resolution of such specialised disputes, if so, to what extent?

The Use of Dispute Resolution to Resolve Intellectual Property Conflicts - A Survey of Emerging Trends and Practices

Research and innovation are essential to address global challenges. Intellectual Property Rights are of fundamental importance to Research and Development (R&D) collaborations. Intellectual property rights are valuable business assets. The creation, protection and exploitation of IP rights continue to grow at an exponential rate globally. Such commercial or non-commercial transactions frequently involve cross-border transactions, parties from different backgrounds and different national laws. The complex nature of such transactions often results in multi-jurisdictional disputes involving parties from many different countries having different business, legal and cultural backgrounds, attitudes and expectations.‬ ‬ Such disputes are resolved efficiently by parties familiar with available alternative dispute resolution (ADR) options. Especially for parties of distinct nationalities, ADR uniquely provides parties with a single unified forum. Arbitration specifically provides a final and enforceable award binding across multiple jurisdictions. The determination of such disputes before different national courts can result in potentially conflicting and unsatisfactory outcomes, as well as high legal and other costs associated with litigating in different countries.‬ Therefore, increasingly, IP owners and users are turning to alternative dispute resolution (ADR) procedures such as arbitration and mediation to resolve their disputes. The World Intellectual Property Organization (WIPO) is at the forefront of IP ADR procedures. The main obstacle to using arbitration to resolve Intellectual Property disputes is the issue of its subject-matter ‘arbitrability’. Thinking carefully about the options available to resolve disputes may be central to the success or failure of research collaborations. In this context, Alternative Dispute Resolution (ADR) mechanisms, such as mediation, (expedited) arbitration and expert determination may be time- and cost-effective alternatives to court procedures. Thus, like any other emerging field of law, IP Dispute Resolution has a plethora of debatable questions. In this paper, I have made an endeavor to delve into these issues like whether or not the disputes over IP rights are 'arbitrable'? If so, whether the use of alternative dispute resolution methods presents the owner of the IP with any benefits? Also, whether the use of a private consensual mechanism like arbitration or mediation poses any threat to the resolution of such disputes?

Research on Intellectual Property Conflicts Identification in Knowledge Transferring among EC Enterprises

As the lacks of existing research about intellectual property conflicts management of EC enterprise, the paper analysis the intellectual property conflicts in knowledge transferring among EC enterprises by intellectual property types, then, the paper makes research on intellectual property conflicts identification in knowledge transferring among EC enterprises, and gives relative assumption, meanwhile, the paper makes quantities identification of intellectual property conflicts in knowledge transferring among EC enterprises by evidential theory, finally, the paper gives the further research orientations.

Liability and Litigation Risks for Colleges and Schools of Pharmacy

The potential for legal liability involving faculty members and students in higher education settings is a topic that warrants serious attention by administrators. Specific areas identified as high risk include dismissal of a faculty member, denial of tenure, misappropriation of grant-funding, intellectual property conflicts, Family and Medical Leave Act (FMLA) issues, sexual harassment, student suspension, disabilities, and student privacy issues. Examples of litigation in the higher-education setting are presented, along with a list of online resources for additional information. It is important for higher education administrators, faculty members, staff members, and students to recognize the currently accepted legal rights and responsibilities associated with these high-risk areas.

Analysis and Evaluation Research on Intellectual Property Formal Conflicts in Knowledge Transferring among EC Enterprises

To deepen the existing research, this paper analyzes the intellectual property formal conflicts in knowledge transferring among enterprises in EC environment. Then it researches intellectual property conflicts evaluation in knowledge transferring in EC environment, raises hypothesis of related questions and notation hypothesis, and accomplishes the evaluation research on intellectual property conflicts in knowledge transferring among enterprises in EC environment by AHM and Bayesian. Finally it gives the future research orientations.

Research on Evaluation of Intellectual Property Conflicts in Knowledge Transferring among EC Enterprises

To deepen existing research further, the paper analysis the question about intellectual property conflicts evaluation in knowledge transferring among EC enterprises. Then, the paper realizes intellectual property conflicts evaluation in knowledge transferring among EC enterprises by fuzzy synthesis assessment, and explains it by calculation example. Finally, it gives the future research orientation.

How has Chinese Traditional Culture an Impact on China’s Intellectual Property Legal System? Would this Influence be a Problem in the Protection of Folklore by the Intellectual Property Legal System?

After the analysis of the Chinese intellectual property system in aspects of the legislation, the execution and the law abidance, this article proves that the Chinese intellectual property system is still more or less influenced by its traditional culture. The passive transplantation under the external power and the law instrumentalism mindset in traditional political culture result that there is a little bit radical ideology in the process of Chinese intellectual property legislation. In execution level, the strong administration and weak judicature in traditional political culture and the Confucianism both play the important role in affecting China’s Double Track System. Moreover, the law abidance comprises two aspects which are the obligations and the rights. After the process of accession of WTO and the experiences on international intellectual property conflicts between China and other Western countries, Chinese public know the intellectual property much better than before. However, the acknowledge of the intellectual property for most Chinese still stay in the stage of piracy and anti-piracy rather than know the real meaning of IP. Many people are still affected by Confucianism. In Confucianism, there is no concept of private property on spiritual properties. Meanwhile, the Confucian scholars also think that it is a good thing to share their minds in public. The rule of “Li” in Confucianism results that it is difficult for the public to arise the strong consciousness of standard of right. They also do not think that the action of piracy is as same as stealing other people’s real properties such as cash. More importantly, the intellectual property legal system suffers continual influences coming from this strongly traditional culture, which not only results that the typical intellectual property objects can not be protected by intellectual property law in China very well, but it also embeds a bomb for protection of folklore by intellectual property system in the future.

Entrepreneurial Science

Scholars across a range of academic fields continue to rely on Robert K. Merton’s scientific norms to frame analyses of the privatization of research in the life sciences. I revisit constructivist criticisms of the Mertonian approach and then develop an empirically grounded interpretation of academic entrepreneurship. Focusing on the case of an early biotech entrepreneur, I investigate how scientists and university administrators managed intellectual property issues and conflicts of interest and commitment during the ‘biotech revolution’ of the late 1970s and early 1980s. This story shows that many contemporary studies — both supportive and critical of privatization — misunderstand or misrepresent the ethical dimensions of faculty participation in commerce.

Principles, Practices, and Social Movements

Consider two current controversies in American law and politics: the first is whether the expansion of copyright, trademark, and other forms of intellectual property conflicts with the free speech principle; the second is whether government collection and use of racial data (in the census or in law enforcement) violates the antidiscrimination principle. What do these controversies have in common? Both involve constitutional challenges that call into question the legitimacy of existing practices. More importantly, these examples teach us something about how constitutional principles operate. In each case, controversy arises as people apply a longstanding principle to a longstanding practice—a practice that heretofore has not been understood to be implicated by the principle. People exercise creativity by applying the principles to these previously uncontroversial practices, and as they do, they can reshape the meaning of both the principle and the practice. The claim that a longstanding practice violates a longstanding principle draws into question not only the legitimacy of the practice, but also the authority and the scope of the principle. While some argue that the free speech principle delegitimates expansion of copyright terms and other intellectual property rights, others insist that the challenged practice is fully consistent with the free speech principle: restrictions on infringement of intellectual property rights regulate conduct, not speech, and the fair use defense and the idea/ expression distinction adequately protect free speech interests in