Intellectual Property Disputes Research Articles

Diversified Mechanisms of Dispute Resolution for China's Foreign-Related Intellectual Property Right

China's increased competition with industrialised countries in terms of technological innovation during its current development transition has led to an increased demand for its intellectual property resources. At the same time, globalisation has further highlighted the inevitability of China facing foreign-related intellectual property challenges, prompting a focus on resolving such disputes. However, managing intellectual property right litigation relating to other countries remains difficult due to the unique types of foreign-related intellectual property right cases and the intricacies of applying national laws. In order to improve China's intellectual property dispute resolution framework and make it more effective and fairer, this paper will propose the shortcomings of the current litigation procedures through the case analysis and data analysis, and confirm that the flexible and reasonable use of diversified dispute resolution mechanisms will help China better deal with foreign-related intellectual property issues. While advocating a diversified dispute resolution framework for China's foreign-related intellectual property rights, it also provides possible suggestions for its construction.

Assessing the Specificity of Intellectual Property Rights and Contractual Agreements for E-Sports Athletes in South Korea

The rapid evolution of the E-Sports industry presents unique legal and regulatory challenges, necessitating a comprehensive and adaptable framework to ensure sustainable growth, protect stakeholders, and maintain competitive integrity. South Korea, a global leader in E-Sports, exemplifies the complexities and opportunities within this burgeoning sector. This analysis explores the current legal hurdles in E-Sports, including intellectual property disputes, contractual ambiguities, player welfare concerns, and regulatory inconsistencies across jurisdictions. It proposes strategies for legal and regulatory improvement, emphasizing the standardization of contracts, enhancement of intellectual property protections, establishment of player welfare programs, and the need for global cooperation in E-Sports governance. By addressing these challenges, South Korea can further solidify its position as a model for E-Sports regulation, contributing to the global discourse on E-Sports law and setting a benchmark for other nations. This approach underscores the importance of flexibility, innovation, and collaboration among all E-Sports stakeholders to navigate the industry’s dynamic legal landscape.

Intellectual Property Protection in the Transformation of Medical Scientific and Technological Achievements

In the transformation of medical scientific and technological achievements, intellectual property disputes caused by improper protection of intellectual property rights are common, which have seriously affected the efficiency of the transformation of medical scientific and technological achievements. Therefore, this article takes the importance of intellectual property protection in the process of transformation of medical scientific and technological achievements as an entry point, analyzes the current intellectual property infringement behaviors and manifestations, puts forward specific solutions, and improves the efficiency of the transformation of medical scientific and technological achievements.

Jurisdiction in Intellectual Property Disputes

Objectives: This study seeks to highlight what international jurisdiction in intellectual property disputes is contractual or non-contractual, in order to identify problems related to the subject, including specific controls, and the extent to which the governing rules relate to public order. The scope of the research is limited to the relevant provisions of the Convention and of the law, indicating the position of the Iraqi and Egyptian legislature and referring to certain French and other laws. There are two types of disputes raised by intellectual property rights. The first is violations such as theft and others. The second is disputes arising from contractual relations and breaches of obligations by one of the parties to the relationship. Method: In this study, we will attempt to follow a scientific methodology based on the analysis and discussion of legal texts, jurisprudence and jurisprudence on the subject of the study in order to obtain a legal opinion and an integrated view of the subject. Result: Determining the jurisdiction of national courts in the settlement of intellectual property disputes is not a problem in the event of a national dispute but in the event that it includes a foreign element, the conflict of jurisdiction is problematic and is resolved through objective or personal controls. In the event that the parties agree to resolve the dispute by arbitration, the jurisdiction might be decided by determining the law applicable to the dispute or might be invoked through contract clauses, citizenship, or other controls. Conclusion: we consider that the development of laws and legislation protecting contractual and non-contractual intellectual property rights is very slow to keep pace with violations.

Soviet Legacy of Vietnam's Intellectual Property Law: Big Brother is (No Longer) Watching You

AbstractHow did intellectual property (IP), a private right born out of European Enlightenment ideals, take root in Vietnam's socialist legal framework, and what influence does Vietnam's Soviet legacy still have on its IP law? The clandestine triumph of IP rights in Vietnam is remarkable, given the system's former propensity for collective ownership and limited private property rights. Vietnam's approach to IP rights has changed with economic liberalisation: while external pressure prompted the initial adoption of IP laws, national interest and global reputation enhancement are now driving the effort. At the height of communism in the 1980s and under Soviet domination, IP laws reflected socialist ideology and the characteristics of a command economy. Amid Vietnam's quest for technological advancement, the importance of patents has grown. However, public perceptions of the unreliability of the legal system to resolve IP disputes persist, pushing civil disputes towards the government rather than the judiciary. As Vietnam opened economically, its IP regime moved away from overt communism, but communist values are still implicitly incorporated in general principles. Today, adherence to free trade agreements, which require robust IP protection, is driving the modernisation of Vietnam's IP infrastructure.

Exploring intellectual property risk inducement and formation mechanism of innovation-oriented enterprises: a grounded theory approach and system dynamics model analysis

ABSTRACT The open interconnection and sharing characteristics of innovation-oriented enterprises aggravate the potential detrimental effects of intellectual property risks, while the proliferation of uncertainty factors perpetually amplifies the ripples of these risks. This study employed the grounded theory method, complemented by expert interviews, case analyses of intellectual property risk incidents, examination of intellectual property-related laws and regulations, as well as other relevant materials. It gathered comprehensive risk information and conducted an in-depth exploration of the underlying factors that contribute to intellectual property risks in enterprises. These factors encompassed risks associated with intellectual property dispute feedback, intellectual property competition, open innovation, intellectual property legal aspects, and environmental considerations. An index system for risk factors is established based on the comprehensive information collected. Furthermore, a system flow diagram depicting the mechanism of risk formation is developed using the system dynamics model. The study delves into the causal relationships among all risk factors and examines their impact on the overall intellectual property risk system within the enterprise. By simulating the dynamic evolution trend of intellectual property risk over time, the research reveals insights that can assist innovation-oriented enterprises operating in open environments in optimising their intellectual property risk management strategies.

Forensic and Expert Social Anthropological Practice: An Introduction

ABSTRACT This special issue of Anthropological Forum presents a collection of articles by international practitioners of forensic and expert social anthropology (FESA), and related areas of law. The forensic and expert specialisation of social anthropology focuses on the provision of evidence to legal-administrative processes overseen by courts and other legally empowered organisations, where human social culture is deemed an important factor. Social anthropology, as a field of expertise that studies links between culturally specific, collectively held ideas and observable patterns of social interaction, is an appropriate source of evidence for such processes. However, the field in general does not necessarily confer the specific training, study and experience required by the highly probative demands of presiding authorities. To address this gap, FESA advances a range of legally relevant concepts, objective investigative and analytical methods, and justice-oriented ethical principles. FESA applies this three-part focus consistently in its engagement both with legal-administrative processes and with the communities and individuals who seek justice using those processes, many of whom are marginalised within the national populations to which they belong. Contributors to this special issue have backgrounds working in Australia, Southeast Asia, the Americas, Africa and Europe. Variation between the legal-administrative regimes in each of these regions highlights both FESA’s universal relevance, and its emerging coherence as a specialist field. The articles brought together in this special issue describe FESA practice under a range of legal-administrative regimes spanning Indigenous land claims, intellectual property disputes, cultural heritage preservation procedures, asylum claims and allegations of gender-based discrimination and genocide.

Method Strategies for Solving International Sports Intellectual Property Disputes through Chat GPT System

The Chat GPT system can provide valuable theoretical knowledge, legal basis, and relevant response strategies for resolving international sports intellectual property disputes. However, there are still incomplete explanations in terms of basic theories, professional knowledge, case inquiries, and even contradictory conclusions. The aim of this study is to make up for the shortcomings of the Chat GPT system in handling international sports intellectual property disputes through comparative analysis methods, establish the basic concepts that should be followed in international sports intellectual property disputes, clarify the professional theoretical knowledge in international sports intellectual property, point out the solution path for international sports intellectual property disputes, and ensure the fair resolution of international sports intellectual property disputes, And promote the healthy development of international sports industry.

Analysis of Chat GPT System Handling International Sports Intellectual Property Disputes

The Chat GPT artificial intelligence system is an extremely powerful information processing tool that can provide rich professional knowledge for scientific research. The aim of this study is to explore the theoretical basis, legal basis, governance concepts, jurisdiction methods, law enforcement measures, and other aspects of international sports intellectual property disputes through the Chat GPT system, in order to identify the shortcomings in the process of resolving international sports intellectual property disputes, and then propose the best solution for resolving international sports intellectual property disputes, To safeguard the relevant rights and interests of international sports intellectual property rights holders and promote the healthy development of international sports industry.

The Concept of “Quoting” in the Modern Era

The case law on the application of the Civil Code provisions related to quoting contains two directly opposite views. On the one hand, the courts proceed from a literal, etymological understanding of quotation, assessing it as a literal borrowing of some parts of another’s text. On the other hand, they allow a broad interpretation which leads to the recognition that works other than literary ones may be quoted. This state of things is obviously not conducive to the formation of correct and uniform practice in intellectual property disputes. The article assesses quotation as a method of free use of only literary works through the prism of differences between quotation and illustration. It also raises questions about the legal nature of other forms of interaction of works that are often mistakenly regarded as quotation. A brief analysis of court practice on the permissible scope of quotation is given.

The Role of Arbitration in Protection the Owner of Famous Trademark from the Degital Environment Infringment

Purpose: The aim of this study is to help consumers to move towards choosing specific goods and services that are better suited to their sense and needs by relying on the trademark of the commodity or service that has been taken as a website address for the promotion of goods or services. Theoretical Framework: The infringements on the rights of owners of famous trademarks taking addresses to e-commerce sites for the purposes of advertising and promoting goods and services offered by such websites or even bargaining the owners of famous trademarks for large amounts of money for ceding the registered website address. Arbitration has emerged as an effective means for resolving intellectual property disputes, including the ownership disputes of famous trademarks, and providing civil protection for the rights of their owners. The effectiveness of arbitration is derived from many advantages achieved by this means for the litigation parties, in particular the owner of the well-known trademark compared to litigation as an original and traditional means of resolving trademarks’ disputes. Particularly, Arbitral awards in the mentioned cases have been rendered just and fair to the extent that they support the stability of global trade. Design/Methodology/Approach: The nature of this study assumed the adoption of the descriptive analytical approach to the provisions of the arbitration and trademark legislation recently promulgated in the United Arab Emirates in comparison with provisions adopted by some of the legislation enacted in other states and provisions decided upon by international intellectual property rights organizations and conventions. Findings: The result of this study is the reputation of the trademark is a presumption of the bad faith of the owner of the website who used that trademark as a name of the website which was registered in the digital environment, while the arbitral tribunal’s direction should be towards the good faith presumption of the respondent, in the case preceding the registration of the website, and the date of registration of the trademark. Research Practical and Social Implications: The study is being prepared to address numerous challenges faced by the owners of renowned brands, including the ease of registering websites with names of such brands without conditions or regulations that prevent such abuses. Originality/Value: The value of this study is being the first study to be conducted in the UAE. Besides, the examination of the role of arbitration in protection the owner of famous trademark from the digital environment infringement adds new knowledge to the academicians.

Using expert evidence on intellectual property: A practical perspective

There have been many studies on the role and legal value of expert evidence in intellectual property (IP) disputes and infringement cases. In the case of IP dispute and infringement to be resolved in the courts, the duty of these experts is to provide professional opinions in a way that is completely impartial, independent, reasonable, and transparent. It can be said that in a majority of cases, reliance on expert evidence demonstrates the role of expert opinions in assisting IP enforcement authorities in reaching their final decision on the case although the authorities are not bound by such evidence. Based on global practices, this article attempts to answer some initial legal questions such as when does an expert opinion become evidence? Is expert evidence the product of legal expertise or technical expertise? Is the expert evidence an administrative decision, and under what circumstances can it be used?

Industrial Property Arbitration in Turkey: An Analysis in Comparison with Swiss Law

Abstract Given the difficulties in international intellectual property litigation, such as jurisdictional issues, choice of law, and recognition and enforcement of foreign judgments, arbitration and other dispute resolution mechanisms may be better tailored to resolve intellectual property disputes. Under Swiss law, these disputes are arbitrable to such an extent that arbitral tribunals seated in Switzerland and state courts are equally competent to rule on the validity of industrial property rights. This paper assesses the arbitrability of industrial property disputes under Turkish law, under which there is neither a specific statutory provision nor an official decision regarding their arbitrability. The paper concludes that disputes arising from industrial property rights should be considered arbitrable under Turkish law, provided that for disputes over the validity of industrial property rights, the arbitral tribunal decides on the industrial property rights’ enforceability and the arbitral award has an inter partes effect. Although submitting industrial property disputes, especially those on employee inventions, to arbitration may in certain cases not be accepted due to the intention to protect the weaker party, employees are obliged to resort to arbitration for the resolution of their employee invention disputes under Turkish law. This paper also examines the resolution of employee invention disputes by way of arbitration from a comparative perspective.

A Shift from State’s Exclusivity to Respecting Party Autonomy: Conceptualising IP Arbitration in India

The consumer-based and technology-driven economy has triggered competitiveness amongst companies. In the ever-evolving market space, the companies have recognised the significance of generating intangible assets such as trademarks, patents, and trade secrets to remain competitive. Due to globalisation, international business transactions with respect to these intangible assets have led to an increase in intellectual property disputes. Moreover, due to IP's complex nature, the risks involved in IP litigation can be burdensome in cross-border IP disputes coupled with the Court’s cumbersome procedure. Given that the stakeholders prefer out-of-court dispute resolution systems like arbitration to resolve their commercial disputes, arbitrating IP disputes is slowly gaining traction. Even though India’s courts have expressed their leaning towards arbitrating IP disputes, the same has become practically impossible due to various impediments in the existing mechanism. This article surveys the current IP arbitration regime and uncovers the existing impediments and loopholes in IP arbitration. Further, the article explores the possibility of liberalising the IP arbitration regime by taking cues from jurisdictions across the globe.

ОСОБЛИВОСТІ ЗАСТОСУВАННЯ МЕДІАЦІЇ У СФЕРІ АВТОРСЬКОГО ПРАВА

The article is devoted to the study of general principles of introduction of mediation as an alternative way of resolving copyright disputes in Ukraine. Today, the Institute of Mediation in Ukraine is under development, which is confirmed by the active research of scientists who emphasize the benefits of mediation and emphasize the need for its introduction. It is established that the use of mediation to resolve conflicts over intellectual property is one of the most promising areas in terms of the development of mediation institutions and the reasons for this. The current state of legal regulation of mediation in Ukraine and mediation procedures in the national legislation of EU member states are analyzed. Among the advantages of mediation are: cost-effectiveness (mediation does not require payment of court fees and other court costs); adoption by the parties of an independent mutually beneficial decision; maintaining confidentiality (important disputes that could potentially damage the business reputation of the parties, especially in intellectual property disputes).

An Analysis of the Path of Intellectual Property Protection of Integrated Circuits in China from the Perspective of Sino-US Trade War in the Post-epidemic Era

In the post-epidemic era, the evolution of the international landscape is accelerating, with unilateralism and trade protectionism gradually gaining the upper hand. The intensified competition between China and the United States makes the intellectual property disputes related to the trade war between China and the United States become more and more intense. As the core subject of intellectual property disputes, integrated circuit is also a direct embodiment of the hard power of science and technology of each country, and its protection path has high research value attribute. This paper aims to sino-us trade friction under the perspective of China’s integrated circuit of intellectual property rights (IPR) protection path to explore, through fact analysis combined with the technique of comparative analysis, comparing with the integrated circuit industry and protection path, respectively from different aspects such as the theory and practice, macro and micro analysis, the use of big data for them, the rule of law suggestions and thoughts on the intellectual property protection path of integrated circuits under TRIPS-PLUS standard in the post-epidemic period were put forward.

Metal 3D printing: Patent law, trade secrets, and additive manufacturing.

There has been significant investment in research and development in respect of metal 3D printing in the United States (as well as a number of other jurisdictions). There has been growing conflict over the ownership of intellectual property in respect of metal 3D printing (involving not only patents but also trade secrets and confidential information, as well as contract law and unfair competition). In 2018, Desktop Metal Inc. launched litigation against Markforged Inc. and Matiu Parangi in relation to intellectual property and metal 3D printing in the United States. As well as complaints of patent infringement, Desktop Metal Inc. has alleged that the defendants had engaged in acts of trade secret misappropriation, unfair and deceptive business practices, and breach of contract. Markforged Inc. made various counter-claims of its own. In July 2018, a Federal Jury found that Markforged Inc. did not infringe two patents held by its rival Desktop Metal Inc. Claims of further violations of trade secrets and contract law were also considered. In the end, the dispute was settled, with neither party obtaining an advantage in the litigation. There was further conflict over whether the terms of the settlement in respect of non-disparagement were honored. The parties have also faced further intellectual property conflict. In 2021, Continuous Composites has filed a patent infringement lawsuit against Markforged Inc. In 2021, Desktop Metal Inc. brought legal action against SprintRay in Germany. Drawing upon this case study, this paper considers whether metal 3D printing will disrupt patent law, policy, and practice. It also explores the tension between the use of trade secrets in commercial 3D printing (such as in metal 3D Printing), and the open source ethos of the Maker Movement. This paper considers the larger implications of this intellectual property dispute over metal 3D printing for scarcity, regulation, and the abundance society. It also explores the innovation policies of the Biden administration in respect of advanced manufacturing—with a focus upon metal 3D printing and additive manufacturing.

Evaluation for druggability of traditional Chinese medicine preparations in medical institutions based on human use experience

Traditional Chinese medicine(TCM) preparations in medical institutions are an important source of research and development(R&D) of TCM new drug. With years of usage in therapy, these preparations' safety and effectiveness have generally been validated in clinic. However, there are still a few disadvantages in TCM new medicine development, such as similar prescriptions, excessive prescription ingredients, too broad clinical orientation, lack of solid clinical data, issue in pharmaceutical quality control, and intellectual property disputes. Nowadays, the Three-Combined Evaluation System has strengthened policy support for the new TCM R&D. In order to improve the success rate of TCM R&D, due to the difficulties within, this paper proposes the process of transforming TCM preparations in medical institutions into new TCM and advocates the evaluation for druggability based on Human Use Experience(HUE). The potencial preparations ought to follow traditional Chinese Medical theory, sufficient HUE data in indication, syndrome type of TCM, target population, usage, dosage, and course of treatment are required. Particular attention should be paid to the source, evolution, and improvement process of prescription, and evaluate the dosage, ingredients, and herb resources of prescription. To assess the feasibility of mass production, it is necessary to determine whether the pharmaceutical process is mostly consistent with the new drug and whether the dosage form is reasonable. By summarizing the clinical application of the preparations, the whole picture of its clinical application would be reveal as much as possible. It is beneficial to evaluate its clinical value and R&D prospect. In consideration of the lack of clinical safety data of preparations, safety profile needs to be collected according to the prescription. The quality of clinical data needs to be evaluated by focusing on the integrity and accuracy of data to reduce bias and confusion. Significant care should be paid to intellectual property protection to avoid legal disputes.

Use of Arbitration in the Settlement of Intellectual Property Disputes in Nigeria

Intellectual Property (IP) protects exclusive ownership, use and/or exploitation of IP rights. The infringement of the said rights give rise to disputes which can be settled by Arbitration. Arbitration is an Alternative Dispute Resolution (ADR) Mechanism, which can be used in the settlement of Intellectual Property (IP) disputes by the agreement of the parties. This method of settling IP disputes is cheaper, faster, more confidential and encourages party autonomy than litigation. Pima facie, IP disputes are arbitrable, though in Nigeria there is no specific law on arbitrability of IP disputes, but there are instances or provisions within the Trademarks Act and Federal High Court Act which permit the deployment of Arbitration to such disputes. WIPO Arbitration and Mediation Centre has settled several mediation and arbitration disputes. The confidential nature of arbitral proceeding has made it particularly advantageous for settling IP cases owing to the delicate nature of the information and documents involved.

THE USE OF MEDIATION AS AN ALTERNATIVE DISPUTE RESOLUTION IN THE RESOLUTION OF INTELLECTUAL PROPERTY RIGHTS DISPUTES

In the world of digitization where human ability in business has penetrated into the virtual world, the development of this business needs legal protection of intellectual property is growing very rapidly. Various forms of dispute resolution in the field of intellectual property are then present in supporting the creation of legal protection of intellectual property rights holders in Indonesia. The exclusive rights of these creators, inventors and designers are often abused without rights by others for personal gain. This journal aims to determine the arrangement of dispute resolution in the field of intellectual property and to determine the forms of mediation that can be chosen or used in the resolution of intellectual property disputes. The writing of this journal uses normative legal research methods. The results showed that the arrangement of dispute resolution in court was made by filing a civil lawsuit in the Commercial Court and conducting criminal prosecution in the General Court. Arbitration may also be chosen as a medium for resolving intellectual property disputes. In addition, negotiation, conciliation and mediation are some alternative forms of dispute resolution that can be chosen in the resolution of intellectual property disputes. The forms of mediation referred to here are voluntary mediation (out of court) and penal mediation in criminal charges.