Intellectual Property Development Research Articles

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。

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.

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

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

Intellectual Property Development Transformations in Chinese Societies

This article analyzes the current situation of China's intellectual property rights by analyzing the legislation and revision of China's intellectual property law; the development stages of China's intellectual property rights by analyzing the time of intellectual property law; and to take theoretical system of intellectual property rights with Chinese characteristics as development goal, set the statistical standards, and analyze Chinese intellectual property development deficiencies. The conclusion is that the directions of intellectual property transformation in China are ontology and culture.

Formation of economic and legal measures for the development of the market of intellectual property objects

The problems of intellectual property market development have been investigated. It is proved that without the successful functioning of this market it is impossible to ensure the innovative development of the country. The characteristics of the intellectual property market, as well as the factors restraining its development, have been determined. The most important of them are significant volumes of outflow of Ukrainian scientists to foreign countries, low quality of Ukrainian patents, high level of counterfeiting and piracy, corruption pressure on the development and use of intellectual property, insufficient level of material support, etc. Therefore, the purpose of this study is to develop measures to strengthen the factors that contribute to the development of the intellectual property market and reduce the negative impact of factors on the Ukrainian technological market. To achieve the goal, it is proposed to introduce organizational and legal measures to improve the working conditions of employees of the main scientific institution of the country, the National Academy of Sciences (NAS) of Ukraine, the institutes of which produce most intellectual developments, as well as to form special financial and material mechanisms to support innovation at the expense of budget funds. Using the example of reforming the institutes of NAS, according to the proposed measures, proposals have been formed to preserve scientific personnel, intensify the cooperation of scientific institutions with business, built on the interest of all parties in the field of technology commercialization. Counteraction to counterfeiting is proposed to be carried out taking into account a more accurate calculation of the commercial risks to which business entities are exposed in the manufacture and use of innovations. It is recommended to strengthen the level of legal protection of exclusive rights. Legislative initiatives on the development of the intellectual property market have been formed, which relate to changes in patent legislation regarding utility models and bringing it to EU conditions

Promote or inhibit? The effect of the whole chain development of intellectual property on manufacturing firm performance.

With the promotion of intellectual property strategy, the whole chain development of intellectual property environment faced by manufacturing firms has been improved, but the effect of the whole chain development of intellectual property on firm performance still needs to be studied. The purpose of this study is to investigate the impact of the whole chain development of intellectual property on different types of manufacturing firm performance. A panel regression model is constructed based on listed manufacturing firms from 2010 to 2020, and this is tested empirically. The results of the study show that the whole chain development of intellectual property has a promotion effect on manufacturing firm performance, among which the promotion effect of intellectual property services is the strongest, followed by intellectual property utilization and intellectual property creation, and the promotion effect of intellectual property management has a significant lag, while the relationship between intellectual property protection and manufacturing firms performance is significantly negative. The promotion effect of the whole chain development of intellectual property on different types of manufacturing firm performance is heterogeneous, and the promotion effect of the whole chain development of intellectual property on the performance of small-scale, non-state-owned, medium-high-technology manufacturing firms is stronger than that of large-scale, state-owned, low-technology manufacturing firms. This study not only extends the research direction of intellectual property, but also adds to the literature on firm performance. In addition, the findings of this paper help government authorities to further optimize the strategic layout of the whole chain development of intellectual property, promote manufacturing firms to solve internal management problems, and achieve a positive interaction between the top-level design of the intellectual property and the bottom-level logic of manufacturing firms.

The Politicization of Intellectual Property Rights in the Context of Karabakh

Until recently, intellectual property law has been kept away from the political realm, as it was merely linked to economic and legal factors. However, in light of recent geopolitical processes and politically charged conflicts, political science has taken dominance in terms of intellectual property (IP) development and proclivities. In contemporary international politics, it is critical to explain and perceive IP tendencies and systems from the perspectives of political science and political economy, to consider appropriate retorts to processes arising from IPR conflicts in the Karabakh region of Azerbaijan during the occupation. Azerbaijan had been confronted with limitations of its control over its territory due to the nearly three decades of the Karabakh conflict. In this regard, the article will answer questions related to the violation of intellectual property rights, the exploitation of goods and services, as well as the other IPR problems encountered by Azerbaijan during the occupation of Karabakh.

ST-PBFT: An Optimized PBFT Consensus Algorithm for Intellectual Property Transaction Scenarios

For the current Intellectual Property (IP) transaction scenario, consensus nodes need to simultaneously consensus transactions of the same transaction type, resulting in low consensus efficiency, accuracy, and reliability, which seriously hinders the development of intellectual property. Based on the consortium chain, this paper proposes a secure and efficient blockchain-distributed consensus algorithm, ST-PBFT (Shard Transaction Practical Byzantine Fault Tolerance), applied to the IP transaction scenario. The main contributions of ST-PBFT include the following: first, a grouping method based on the principle of consistent hashing is proposed to group consensus nodes, and nodes group consensus, which reduces the complexity of communication. Second, the transaction consensus group can process IP transactions in parallel, which improves the throughput of the algorithm. Third, a node reputation evaluation model is proposed, which can prevent byzantine nodes from being repeatedly elected as primary nodes. The experimental results show that ST-PBFT can significantly improve the consensus efficiency and reliability and reduce consensus latency.