Intellectual Property Domain Research Articles

Intersection of generative artificial intelligence and copyright: an Indian perspective

Purpose The main objective of this study is to present a compact overview analysis of intellectual property laws, specifically copyright-related provisions applicable to generative artificial intelligence (GenAI) in the Indian context. Design/methodology/approach The paper adopts a qualitative research methodology that is grounded in secondary sources of information. The data were gathered from the Scopus database for a systematic literature review. Findings GenAI technology has given rise to numerous questionable issues within the domain of intellectual property that need resolution in the form of policy solutions. Based on the findings of this paper, it can be deduced that Indian copyright laws are not adequate for addressing the rights pertaining to AI and its creations and outputs. Different countries like the United States, European Union and China have approached the regulation and protection of AI-generated content within the realm of copyright law in different ways. The future of law, as it has been established thus far, seems to be on a path of substantial evolution. Practical implications The study has implications for policymakers globally as there is a need to create feasible policy solutions that can efficiently safeguard against risks stemming from large language models (LLMs) and other GenAI models, while also promoting innovation, technical advancement and adoption. Originality/value The paper discusses the copyright-related issues in GenAI technology in the context of an emerging economy, India.

Readiness of Banks in Intellectual Property-Based Financing

The creative economy is an economic resource expected to become a pillar of Indonesia's economic growth. One of the ecosystems developed is intellectual property-based financing that arises from cultural heritage, science, and technology. From a banking perspective, intellectual property as an object of credit/financing guarantees cannot yet be accepted by banks because there are no technical guidelines for both valuation and the profession of intellectual property appraisal. In contrast, banks must adhere to prudential banking principles. This leads to the implementation of intellectual property-based financing practices still needs to be done by the bank. Furthermore, concerning the execution of intellectual property guarantees, the auction office still needs a legal basis for legal certainty in its implementation, particularly for forms of intellectual property guarantees in the form of contracts and collection rights arising from creative economic activities. Based on the research results, the following results are obtained: 1) there are no technical guidelines for Banks to accept the intellectual property as collateral objects; 2) intellectual property is a complex asset, so the Appraiser profession must be submitted to a public appraiser possessing expertise it is crucial in the domain of intellectual property to be officially registered with the Ministry of Tourism and Creative Economy. The auction office is willing to conduct intellectual property executions provided there exists a legal foundation associated with licensing. valuation, and legal protection of intellectual property to attract public interest in executing intellectual property auctions.

CHALLENGES AND STRATEGIES FOR COPYRIGHT PROTECTION IN THE DIGITAL ERA

In the digital era, for many industries, especially creative ones, the copyright protection became one of the core issues to achieve and maintain a competitive advantage. Taking this into consideration, for modern industries intellectual property is a key value generator and a success factor in competitive markets. Thus, nowadays, we assist to a continuous intensification of attention paid by both business leaders and public authorities to the field of intellectual property. Although the major features of the digital era impact every domain of intellectual property, the most affected fields are copyrights and related rights. The challenges of the intellectual property system in general and particularly of the copyright to respond to economic realities, but also the appropriate strategies for their further development in the digital era, is the object of study of this paper. The aim of this paper is to consider the copyrights protection system from the perspective of a plurality of relevant factors that directly or indirectly affect and are affected by intellectual property: law, technology, public policy, economics, and sociology. There is the conviction that only considering all those factors it will become possible to find the correct answer to the question regarding how to better address the issue of copyright protection in the digital era.

REVISITING THE GEOGRAPIDCAL INDICATION REGIME IN BANGLADESH: TRIPS COMPATIBILITY AND PROSPECTIVE CHALLENGES

In the domain ofintellectual property (IP), the Geographical Indication (GI) is deemed to be a sleeping beauty due to its imperial reverberation in consolidating cultural and economic values, particularly in the developing and least developed countries. Bangladesh, being rich in cultural diversities and traditions, has a number of world famous foodstuffs, handicrafts, agricultural products and cultural heritage that could qualify as geographical indications. In this context, the country introduced a sui generis method of GI protection with the promulgation of the Geographical Indications of Goods (Registration and Protection) Act, 2013, which was also monumental in discharging Bangladesh's obligation under the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The present paper has :firstly chosen to examine the concept of the GI and its legal framework from the IP perspective in order to safeguard both the cultural legacy and genuine producers of geographically exhibiting products of Bangladesh. The key focus of this paper is, however, on the compatibility of TRIPS to Bangladeshi law, particularly inrelation to the aspects of protection and registration of Gls, and to identify the unexplored challenges that the country is supposed to confront as a developing nation. Finally, this article portrays some way-outs to combat potential challenges and help ensure the prospects of Bangladesh in an ever expanding local and global market of GI goods.

Legal Protection of Traditional Knowledge for Environmental Sustainability– A Study in India vis-à-vis International Context

Traditional knowledge (TK) is a key component of a nation’s knowledge bank reflecting on the traditional culture, norms and customs. The protection of traditional knowledge is an important component of conservation and preservation directly contributing to the sustainable development of the environment. The protection of traditional knowledge world over is indicative of the rich civilization and heritage and is directly proportional to the national biodiversity index. The robust intellectual property regime, the laws and the regulations therein at the various national and international platforms are deliberating on a system for the protection of the traditional knowledge developed and practiced for environmental sustainability by the vibrant tribal and indigenous communities.
 In this research paper, the focus is on the legal regime under the intellectual property domain to identify the aspects with commonality for administering the traditional knowledge of the world’s indigenous peoples and tribals, CBD (Conservation of Biological Diversity)[i], the aspects of ABS (Access Benefit Sharing) [ii]and thereby draft a comprehensive legislation for the protection in India or incorporate the same to the Biodiversity Act 2002. The paper is an attempt to provide suggestive amendments or rather inclusions to the WIPOs (World Intellectual Property Organization) functionality with respect to the commercialization of the traditional knowledge pertaining to environmental sustainability for the benefit of the indigenous originators. The paper identifies the need to draft a framework for the insertion of a new Article under the Constitution of India for the protection of traditional knowledge of the indigenous peoples as a Fundamental Right drawing a corollary with the protection of educational and cultural rights of the minorities as prescribed under Articles 29 and 20 of the Constitution of India, in view of the gross misuse and misappropriation of TKs locally, nationally and Internationally.

Patents and intellectual property assets as non-fungible tokens; key technologies and challenges

With the explosive development of decentralized finance, we witness a phenomenal growth in tokenization of all kinds of assets, including equity, funds, debt, and real estate. By taking advantage of blockchain technology, digital assets are broadly grouped into fungible and non-fungible tokens (NFT). Here non-fungible tokens refer to those with unique and non-substitutable properties. NFT has widely attracted attention, and its protocols, standards, and applications are developing exponentially. It has been successfully applied to digital fantasy artwork, games, collectibles, etc. However, there is a lack of research in utilizing NFT in issues such as Intellectual Property. Applying for a patent and trademark is not only a time-consuming and lengthy process but also costly. NFT has considerable potential in the intellectual property domain. It can promote transparency and liquidity and open the market to innovators who aim to commercialize their inventions efficiently. The main objective of this paper is to examine the requirements of presenting intellectual property assets, specifically patents, as NFTs. Hence, we offer a layered conceptual NFT-based patent framework. Furthermore, a series of open challenges about NFT-based patents and the possible future directions are highlighted. The proposed framework provides fundamental elements and guidance for businesses in taking advantage of NFTs in real-world problems such as grant patents, funding, biotechnology, and so forth.

Development of international law on intellectual property and the legislative reforms in Ukraine

This article provides an empirical approach of the international states for the development of international law on intellectual property that can further assist for the Ukraine’s legislative reforms in the domain of intellectual property. The significant concerns and opportunities for strengthening intellectual property rights and legal enforcement on the way to European incorporation have been discussed extensively. The findings of the research assist to apply established methods to law and particular government policy on intellectual property implementation.

Graph-based managing and mining of processes and data in the domain of intellectual property

Digitalization of knowledge work in communication-intensive domains such as intellectual property protection poses great challenges but also opportunities to improve today’s working environments. The legal domain is strongly characterized by knowledge work, whereby, despite a common legal framework, creativity of individual experts is decisive. This knowledge-intensive work deals with a great amount of data objects, not only as a working basis, but also as a result. While experts heavily follow individual working styles, they still rely on a vast amount of administrative tasks, which are carried out by the supporting staff. These tasks are expected to be performed regularly, reliably and without errors, despite necessary adjustments to the current case and the changing legal framework. Today, knowledge work and administrative tasks are typically supported by different tools that are hardly integrated. Therefore, the tracing of continuous work processes based on exchanged data objects is a great challenge. This traceability is crucial, not only for legal security reasons, but also to enable mining and learning of applicable knowledge about processes. In this paper, we propose a bottom-up approach, which applies a continuously evolving graph of integrated data objects and tasks to model and store static and dynamic aspects of administrative as well as knowledge work, and test the approach in a real-world setting in the domain of intellectual property. We further present initial results of a novel dependency-based mining approach to learn data-dependent task sequences in the graph-based model and discuss several methods for enabling privacy-preserving sharing and mining.

New AI-IP-EI Trilogy Opens Innovation to New Dimensions; Another Chip in “the Innovation Wall”, What About Emotional Intelligence (EI)?

The red thread of the AI-IP-EI Trilogy fate of this study, may have the appearance of a pot-pourri of intellectual and intelligence natures, as a matter of fact that it emanates from the genesis and practical synergism of the trilogy components. Concretely: The paper goes from: AI (Artificial Intelligence)—to the related IP (Intellectual Property) domain—to the relevance of EI (Emotional Intelligence); thus, forming the new AI-IP-EI Trilogy and its attributes and specific impacts to the new innovation process, and business model dimensions. These impacts are outlined and illustrated in part in essays of specific sections and all along. Several concrete study cases are used in the various dedicated sections; such as cases respective to the inventor status, and the EI factor, to the sport education innovative dimension, as well as to biases as inevitably promoting and revealing, to drastically enlarge open innovation supported by constructivism and creations of musical group as a model of open reflexive education. Overall resulting adapted business models appear to have a massive potential, and a multidimensional reach with a necessary attention to the IP policy on going definition. The durable green dimension is exemplified as well. The Ethics-plus, “@LEAST?”, said corpus is proposed. Could a human centric, AI-adapted-IP policy, internationally embraced, take part to some level of arbitrage, normative and enduring reliability in the field of interest? This seems to be “en route”. Shall the EI (Emotional Intelligence) factor be supervised? Likely so. Is traditional open innovation renewed to a more comprehensive, more inclusive dimension reminding best business practice and now “beyond”? Definitely, and will remain an opportunity, all along the 4IR quantum game changer to come. Neither seeking an in-depth expert analysis, nor a grand public over-simplified bavardage, of the trilogy, AI-IP-EI, four authors here propose an illustrated view of scientific, educational, visionary, demonstrative value to the subject matter. They are aged about 30-40-50-60, being IP & Innovation strategist, future IP lawyer, children-teacher and professional academy sport coach, illustrator and bio-advanced materials engineering “Fellow Scientist”. With experience of large and smaller organizations, being involved innovators, inventors and private artists as well, they are sharing their “non-jargonized down-to-earth”, forward looking views through a structured analysis of the trilogy using realistic examples and data from rather diverse specialized independent sources, biotechnology, nanomaterials, sport… New invention and inventorship is been “reconceptualized” at least from an “insighter or insider” viewpoint, and sport team approach more broadly revisited from its academy level to its commercial asset impact, via educational virtues and values. Music group constructivism enters the scene as well with its exemplary reflexivity and alterity valued for open innovation. Science is the prime lead. “Emotional intelligence, EI, is still an emerging area within AI” and beyond? A new open innovation scheme is taking place. This prompted our intention to further contribute to this matter. Is EI, the tree gently challenging the wind? Generated by AI and IP streams and scientific applications therewith? Naturally. Conclusions are encouraging the follow-up of promising orientations underlined by the AI-IP-EI Trilogy, favoring human centric feature adoptions.

Algorithmic Enforcement Online

Artificial Intelligence (AI) is increasingly and pervasively affecting society. AI and algorithms play a relevant role in the Intellectual Property (IP) discourse as well. Tomorrow, algorithms will of course come as creators and innovators but today they are already here as enforcers. Content sanitization online will soon — and inevitably — become the sole domain of algorithmic enforcement tools. This process towards algorithmic enforcement online has been characterized by a few important recent developments. First, emerging regulatory framework, new legislative obligations and judicial trends would like to force online intermediaries to implement architectural changes leading to sanitization of allegedly infringing content — possibly legit freedom of expression — by design. Second, as a consequence, algorithmic enforcement brings about privatization of enforcement and delegation of public authority. Third, in online enforcement of intellectual property — as well as any other content sanitization — algorithms take decisions reflecting policy’s assumptions and interests that have very significant consequences to society at large, yet there is limited understanding of these processes. Finally, but critically for the focus of this investigation, Online Service Providers’ (OSPs) regulatory choices — occurring through algorithmic tools — can affect profoundly enjoyment of users’ fundamental rights, such as freedom of expression, freedom of information and right to privacy and data protection. This Chapter will map the complex conundrum triggered by algorithmic enforcement in the IP domain with special emphasis on copyright and trademark enforcement online. In doing so, this chapter, first, briefly explains what algorithmic enforcement online actually is. Second, this chapter will dig into voluntary, judicial and legislative measures that have been promoting the emergence of algorithmic enforcement online. Third, this chapter will assess tensions between algorithmic enforcement and human rights, including due process, freedom of information, freedom expression, privacy and freedom of business. In conclusion, this chapter will discuss solutions for protecting human rights from algorithmic enforcement negative externalities.

Enforcement Instruments Against Competition-Distorting Collusion and Unilateral Conduct Within the Intellectual Property Realm: A Study of the Approaches in Iranian Law

In dealing with anti-competitive conduct in the intellectual property domain, competition authorities can utilize a variety of sanctions and remedies to ensure that the technology market is not affected by such conduct and that the innovation growth rate does not decline under the shadow of corporate greed. This article examines competition law measures that can be applied in the intellectual property realm and discusses their framework in the Law on the Implementation of General Policies of Principle (44) of the Constitution, which contains Iranian competition law. Furthermore, we explain the relation between general and special rules regarding intellectual property, and the Iranian legal approaches are challenged and analyzed by comparing them with the standard and established rules of two other legal systems. Some of the approaches adopted by Iranian law have no prior example in other systems and make Iranian law unique. Nevertheless, this study shows that, in the absence of an effective policy regarding intellectual property and a true understanding of different aspects of anti-competitive remedies, as well as being limited to only adopting concepts from foreign legal systems without any effort to adapt them to the national law, the solutions will be deeply flawed and illogical and may bear undesirable results. This necessitates a change in attitude towards the role of competition enforcement tools in the realm of intellectual property and serious reform of Iran’s regulations as a developing country.

Investigations regarding the lowering of specific intellectual property risks identified in the production process

The main purpose of this research is to decrease the emergence of specific intellectual property risks within the production process as well as increasing risk management performance of IP by preventing them. In order to achieve this, previous studies regarding the main specific intellectual property risks from industrial companies were analyzed together with their managerial methods as well as the possibility of reducing their emergence. As a result of the research conducted were identified five types of intellectual property risks that have a high potential of emergence in the production process, namely: the risk of production of goods in violation of IP rights; the know-how, production knowledge and trade secret disclosure risk; the technological risk of unprotected utility models; the technological risk of unprotected integrated circuits topographies and finally the risk of product counterfeit. In order to achieve the main purpose of our investigation, we have proposed new formulas for estimating the specific intellectual property risks identified in the production process. Their purpose was to minimalize the risk’s negative effects on industrial companies and to increase the managerial performance from the intellectual property domain through a new type of management appropriately named: intellectual property management. The research is finalized with a case study regarding the lapse of rights of a patented invention. Based on a case analysis, it was proved that the exploitation of an invention without a contract represents a counterfeit.

Passive Elimination of Static Electricity in Oil Industry

This study explains the existing and real conditions of a possible passive elimination of static electricity when loading oil and oil derivatives. We are considering the formation and survival of gas bubbles both in the volume of oil in its depth, but also at the surface of oil and oil derivatives of the partly filled reservoir, and formation of both volume and surface electric charge in oil and oil derivatives. The study presents the research of formation and survival of static electricity in both reservoirs and tank trucks of different geometric shapes partly filled with oil and oil derivatives. We are proposing a new original possibility of passive elimination of static electricity when loading oil and oil derivatives in reservoirs and tank trucks. The proposed passive device for elimination of static electricity is protected at the international level in the domain of intellectual property (with a patent, model and distinctive mark).

English

This study explains the existing and real conditions of a possible passive elimination of static electricity when loading oil and oil derivatives. We are considering the formation and survival of gas bubbles both in the volume of oil in its depth, but also at the surface of oil and oil derivatives of the partly filled reservoir, and formation of both volume and surface electric charge in oil and oil derivatives. The study presents the research of formation and survival of static electricity in both reservoirs and tank trucks of different geometric shapes partly filled with oil and oil derivatives. We are proposing a new original possibility of passive elimination of static electricity when loading oil and oil derivatives in reservoirs and tank trucks. The proposed passive device for elimination of static electricity is protected at the international level in the domain of intellectual property (with a patent, model and distinctive mark).

Criminal Enforcement and International Intellectual Property Law

There is a global consensus that domain of Intellectual Property should be subjected to criminal enforcement in order to secure the rights of owners of such Intellectual Property Rights. The TRIPS Agreement was, to some extent, successful in crystallizing the consensus as regards the criminal measures to be taken by States in the event of the infringement of Intellectual Property Rights through article 61. However, the standard set by the provision by minimal, to say the least. The advent of Anti-Counterfeiting Trade Agreement has broader obligations, while also addressing some unsettled issues that have surfaced in disputes such as the China-IPRs case.

Passive elimination of static electricity in oil industry

This study explains the existing and real conditions of a possible passive elimination of static electricity when loading oil and oil derivatives. We are considering the formation and survival of gas bubbles both in the volume of oil in its depth, but also at the surface of oil and oil derivatives of the partly filled reservoir, and formation of both volume and surface electric charge in oil and oil derivatives. The study presents the research of formation and survival of static electricity in both reservoirs and tank trucks of different geometric shapes partly filled with oil and oil derivatives. We are proposing a new original possibility of passive elimination of static electricity when loading oil and oil derivatives in reservoirs and tank trucks. The proposed passive device for elimination of static electricity is protected at the international level in the domain of intellectual property (with a patent, model and distinctive mark).

1st international workshop on advances in patent information retrieval (AsPIRe'10)

Patent Retrieval specialists in the 21st century face many challenges. They must search very large numbers of documents in multiple languages, expressing complex technological concepts through sophisticated legal clauses. Despite a great deal of theoretical development in Information Retrieval techniques and machine translation approaches, advanced search tools for patent professionals are still in their infancy. Patent Information Retrieval is a cross cutting research area as it contains domains such as multilingual information retrieval; language processing; image processing and retrieval; and text categorisation, clustering and mining. The main goal of the workshop was to gather scientists from these areas together to foster interdisciplinary collaboration and spark discussions on open topics related to search in the Intellectual Property domain. A few months before the paper submission deadline for the workshop, the IRF, supported by Matrixware, made available a collection of 400,000 patent documents in XML format for download – the AsPIRe’10 dataset. Groups submitting papers were encouraged to use this dataset for the experiments presented in the workshop papers. The AsPIRE’10 dataset was conceived to fill the gap in size between the 19 million patents in MAREC, the MAtrixware REsearch Collection, and the 20,000 patents in the One Week of MAREC collection. The AsPIRe’10 dataset continues to be available for download. Six papers were submitted to the workshop, of which five were accepted for publication after thorough review by the members of the programme committee. Three of these papers make use of the AsPIRe’10 dataset.

Standard Setting, Patents, and Access Lock-In: RAND Licensing and the Theory of the Firm

Many leading voluntary standard-setting organizations (SSOs) have adopted intellectual property (IP) policies under which participants must promise to license any patents on technology that they contribute to a standard, and to do so on reasonable and nondiscriminatory terms (RAND). The standard setting literature includes a substantial focus on the widespread use of this RAND promise. A common refrain in these analyses of the RAND promise is that its meaning is dysfunctionally uncertain. We know more about the RAND promise, however, than the existing literature suggests. I show that we already know the RAND promise's core meaning, and why it remains attractive to SSOs. Specifically, I demonstrate that, although framed by reference to patent rights, the RAND promise's core function is to achieve a business organization goal that all SSOs confront - namely, removing the threat of post-adoption hold-up, thus inducing group production of a viable standards-based technology platform. One can solve the organizational problem by transferring a property right from threatener to threatenee(s). Corporate law scholars have shown that the corporate form enables group production of complex goods by giving contributors a way to lock in their capital to a separate property-holding entity, precluding both subsequent withdrawal and hold-ups from threatened withdrawal. In the IP domain, for example, patent pools usually form new companies to hold patent licensing rights centrally. Similarly, in the standards context, SSOs enable production of a standards-based technology platform by conditioning contributors' participation on making the RAND promise, i.e., on granting the whole of the adopter community a property-like access right to contributors' patented contributions to the standard. This access lock-in, whereby participants cast themselves into a common venture, makes possible post-standardization, mutually-beneficial bargaining over patent license terms by precluding both subsequent patent-based shutouts and holdups from threatened shutouts. In other words, every participating patent owner has, by making the RAND licensing promise, irrevocably waived its right to seek that most traditional of intellectual property law remedies, a court injunction against unauthorized access. The only relief a frustrated patent owner can seek against an adopter thereafter is the reasonable royalty expressly contemplated. Moreover, the RAND promise must run with the patent if the patent is sold to another party; only in this way does the RAND promise ensure that the standard can flourish without hold-up for as long as the market supports the technology.