The rapid proliferation of artificial intelligence tools capable of generating visual art, literary text, and musical compositions has fundamentally challenged longstanding assumptions about creativity, authorship, and artistic originality. This article examines the philosophical, legal, and ethical implications of AI-generated creative works by drawing on scholarship from aesthetics, computer science, intellectual property law, and art criticism. It traces the debate over whether machines can be genuinely creative, interrogates the copyright and ownership challenges posed by generative algorithms, and evaluates the impact of AI on artistic practice and education. The analysis argues that the future of creative authorship lies not in a binary opposition between human and machine but in collaborative frameworks that leverage the distinctive strengths of both, requiring new legal, pedagogical, and aesthetic paradigms to navigate the transformative potential of AI in the arts.

This article revisits the central findings of my 2016 doctoral dissertation, Territoriality in Intellectual Property Law, which problematized the territoriality principle in intellectual property law and its effect on private international law, by comparing the legal systems of the European Union and the United States. The dissertation found that while the international IP conventions reinforced the territoriality principle, they do not exhaustively define or localize the restricted acts or lay down any specific rules of private international law. This makes it possible for States to flexibly pinpoint the act of infringement and design their rules on private international law to achieve economic, social and cultural policy goals within the framework of their legal systems and legal traditions. Despite the ten years that have passed since the dissertation was published, the topic itself and the dissertation’s underlying findings remain relevant today. The territoriality principle continues to evolve as States reinterpret it to advance a range of policy objectives. Looking forward, a unilateral pursuit of national (and regional) policy objectives is not sustainable and solutions should be found at the international level.

The concept of evergreening in pharmaceutical patents has emerged as a critical issue at the intersection of intellectual property law and public health in India. Evergreening refers to the strategic practice by pharmaceutical companies of obtaining multiple patents on minor modifications of existing drugs, thereby extending their market exclusivity beyond the original patent term. This study undertakes a comprehensive legal analysis of evergreening within the framework of the Indian Patents Act, 1970, particularly focusing on Section 3(d), and examines its compatibility with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). India has adopted a cautious and public health-oriented approach to patent protection, aiming to balance innovation incentives with access to affordable medicines. Section 3(d) serves as a key safeguard by denying patents to new forms of known substances unless they demonstrate enhanced therapeutic efficacy. This provision has been instrumental in preventing the misuse of patent rights through incremental innovations that lack substantial clinical benefit. The landmark judgment in Novartis AG v. Union of India is analyzed to understand the judicial interpretation of Section 3(d) and its role in curbing evergreening practices. The research further evaluates whether India’s patent regime aligns with its international obligations under TRIPS, which mandates minimum standards of patent protection while allowing member states certain flexibilities. It argues that India has effectively utilized these flexibilities to design a patent system that prioritizes public health without violating TRIPS norms. The study also highlights ongoing debates surrounding the tension between pharmaceutical innovation and accessibility, especially in developing countries. By critically examining statutory provisions, judicial precedents, and international frameworks, this paper concludes that India’s legal stance on evergreening represents a balanced and pragmatic model. It not only discourages trivial patent extensions but also ensures that genuine innovations are rewarded. The analysis underscores the importance of maintaining this equilibrium to promote both technological advancement and equitable healthcare access in the evolving global patent landscape.

The rapid economic integration of the Association of Southeast Asian Nations (ASEAN) was historically driven by Foreign Direct Investment (FDI). However, the role of Intellectual Property (IP) frameworks in transforming foreign capital into genuine technological transfer remained heavily debated. This study quantitatively and qualitatively evaluated the impact of IP frameworks and institutional quality on FDI-driven knowledge diffusion within ASEAN Free Trade Zones (FTZs). A quantitative meta-analysis and systematic synthesis were conducted utilizing empirical data extracted from nine essential econometric studies. Reported coefficients from diverse regression models were statistically converted into Standardized Mean Differences (SMD) to allow for pooled analysis. A DerSimonian-Laird random-effects model was employed, and heterogeneity was assessed utilizing the I-squared statistic. The study selection process yielded nine foundational manuscripts. Risk of bias assessment indicated high methodological quality. The pooled meta-analysis demonstrated a statistically significant positive effect of strengthened institutional and IP frameworks on technology transfer proxies (Pooled SMD = 0.46; 95% Confidence Interval: 0.32, 0.60; p < 0.001). Significant heterogeneity was observed (I-squared = 68.4%, p < 0.01). Tabulated findings revealed that FTZs significantly boosted regional innovation indices, though actual absorption depended strictly on local absorptive capacity. In conclusion, robust IP laws and high institutional quality within FTZs strongly suggest a catalytic effect on formal knowledge diffusion. To maximize labor productivity, ASEAN member states must pair strict IP protection with active learning initiatives and dedicated technology transfer incentives.

Dance reflects a snapshot of its time and a shared cultural consciousness. This is epitomised by the global phenomenon of Dr Rachael Gunn’s (aka B-Girl Raygun) breakdancing performance at the 2024 Olympics. While media discussions have centred on the class barriers that enabled her participation, accusations of trivialising Australian participation in a sport on an international stage, and the appropriation of First Nations movements, this paper explores the legal implications of the aftermath: the rapid dissemination and reinterpretation of Gunn’s dance moves in parodic performances. Specifically, this paper investigates the status of dance as an intellectual property (IP) asset. The controversy that surrounds Gunn’s Olympics breakdancing performance is used as a stepping off point to consider the legal status of dance under Australian IP laws. The relationship between the monopoly rights granted to choreography via copyright and trade marks versus unauthorised uses is examined. Critical questions are raised about law’s role in regulating what the body can—and cannot—do without permission. Does the commodification of choreography and dance movements by IP law undermine the status of iconic dances like Gunn’s as a shared cultural text?

Abstract: In the context of digital transformation, the cultural heritage sector is implementing digitization activities and establishing digital databases of intangible cultural heritage to serve the purposes of conservation, the promotion of heritage values, and the creation of momentum for the development of cultural industries. However, existing gaps in current intellectual property laws have posed obstacles to the commercialization of digital heritage. Adopting a systemic approach and intellectual property management, this study identifies opportunities and solutions for the commercialization of digital intangible heritage in the performing arts, using the case of the Art of Đờn ca tài tử music and song base on develope national database on cultural heritage. The research also utilizes primary data from surveys of users of digital heritage formats and management entities, demonstrating that constructing an exploitation management model grounded in intellectual property rights protection, with stakeholder coordination, will unlock opportunities to foster cultural industries and effectively commercialize digital heritage. Keywords: Commercialization, Intellectual Property Assets, Intangible Cultural Heritage, National Database on Cultural Heritage, Art of Đờn ca tài tử music and song in southern Viet Nam.

This article examines the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration as a distinct international legal framework within intellectual property law. Employing a doctrinal and comparative legal methodology, the study analyzes the normative structure of the Lisbon system, its registration mechanism, the principle of perpetual protection, and the legal grounds for termination of international registration. Particular attention is paid to the interaction between the Lisbon Agreement and other international legal regimes governing geographical indications, including trademark-based protection models and the TRIPS framework. The article argues that, despite its limited membership, the Lisbon Agreement constitutes an autonomous and high-threshold protection regime rather than a merely supplementary instrument to trademark systems. Its relatively restricted global adoption is explained not by normative weakness, but by its strict conceptual requirements and complex coexistence with dominant intellectual property frameworks. The study concludes that the Lisbon system remains especially valuable for states seeking strong and durable protection of appellations of origin closely linked to territorial identity, traditional knowledge, and cultural heritage.

Papua has the largest forest cover in Indonesia, home to a wide variety of plants and animals as well as a source of livelihood for indigenous peoples. These forests are threatened with exploitation or even destruction due to the ecological impact of degradation and deforestation under the pretext of food estates. However, the Yei tribe in South Papua, as the indigenous community directly affected, firmly rejects this agenda on their customary forests. The focus of this research is to explore the ecological knowledge of the Yei indigenous community in protecting their customary forests. This research is socio-legal research using an ethnographic study approach. The results show that the Yei indigenous community is highly dependent on their forest. Apart from being a symbol of identity and animistic/spiritual connection between humans, nature, and ancestors, the customary forest is also a source of livelihood, which they represent as mama. This ecological knowledge is also considered to contain a cosmological cycle and sustainable management of customary forests from generation to generation. Today, the Yei community has begun to stage traditional demonstrations to reject the government’s food estate programme, which threatens the ecology of their customary forests, because if the forests disappear, their identity will also disappear. Moreover, state policy should be directed towards protecting their customary forests in accordance with the mandate of the constitution, the special autonomy system of government, the promotion of culture, the regulation of communal intellectual property and customary law, and not the other way around.

This paper critically examines the impact of the Generative Artificial Intelligence (AI) on the legal, economic and cultural integrity of African music. It discusses the reciprocity of intellectual property (IP) functionality and undermining of culture in the backdrop of algorithmic datafication. Based on the Postcolonial theory (more specifically, data-colonialism framework), the research analysis focuses on the process in which Global North technology corporations harvest cultural information of Global South producers through the expansion of Artificial Intelligence. Through the legal-ethnographic triangulation of legal analysis of the copyright regimes, together with extensive interviews of Kenyan creative professionals, the study reveals a structural imbalance between western standards of IP laws and African epistemology of oral traditions. Although AI is a source of universal precarity in the global community of creators, the results have shown a particular danger of ontological obliteration of African idioms, which occurs in the form of rhythmic flattening and digital orientalism. Additionally, the analysis also records the techniques Kenyan counter-movements, also known as digital resistance, use to deconstruct algorithmic quantisation and demand creative sovereignty. The paper concludes with an urgent appeal for decolonized IP frameworks, such as communal data trusts, to safeguard the essence, or sovereign intentionality, of African music.

Although the issue of legal protection for Traditional Cultural Expressions (TCEs) has been widely examined, studies that specifically investigate the forms and obstacles of legal protection for Seren Taun Ciptamulya as a TCE belonging to the Masyarakat Hukum Adat Kasepuhan Ciptamulya in Sukabumi Regency remain limited. This study aims to analyze the forms of legal protection for Seren Taun Ciptamulya implemented by the Regional Government of Sukabumi Regency and to identify the obstacles encountered in its implementation. A normative-empirical approach with a descriptive-analytical design was employed, involving two key informants, namely the customary leader of Kasepuhan Ciptamulya and the Head of the Culture and Tourism Office of Sukabumi Regency, selected through purposive sampling. Data were collected through literature study of legislation and relevant scholarship, as well as in-depth interviews, and were analyzed qualitatively. The findings show that legal protection for Seren Taun Ciptamulya is manifested in two main forms: preventive protection through a multi-level regulatory framework comprising the Copyright Law, the Law on Cultural Advancement, government regulations related to communal intellectual property (KIK), and regional regulations; and repressive protection through copyright dispute resolution mechanisms. However, implementation of this protection still faces three principal obstacles: (1) legal substance issues, particularly delays in the formulation of implementing regulations; (2) legal structure issues, including suboptimal coordination between the regional government and the customary community; and (3) legal culture issues, reflected in shifting values and declining commitment among younger generations to safeguarding tradition. The study concludes that synergy between legal substance, structure, and culture is a key prerequisite for effective protection of TCEs, and recommends strengthening coordination between regional government and customary communities as well as accelerating the inventory of TCEs as the basis for participatory and sustainable policy formulation. The implications of this research include theoretical contributions to the development of communal intellectual property law and practical guidance for local governments in designing more responsive protection models for TCEs that are attuned to socio-cultural dynamics, while also opening opportunities for comparative studies with sui generis protection schemes in other countries and with respect to the management of TCE commercialization.

Intellectual property (IP) law is designed to protect the ownership of ideas and stimulate innovation, yet pervasive non-compliance suggests a deep divide between legal mandates and public moral intuitions. We argue that this divergence is primarily driven by the fact that moral intuitions about IP are driven by reputation misattribution-situations in which rightful creators are denied due credit while undeserving parties receive undue recognition. In Study 1, we experimentally manipulate key dimensions of reputation misattribution within plagiarism scenarios and find that even subtle changes in reputation misallocation lead to significant shifts in moral judgment. In Study 2, we extend these findings to a range of IP-related contexts, including pseudonymous publication, ghostwriting, and AI-generated content, demonstrating that reputation misallocation consistently predicts moral evaluations regardless of the legal status of the act. These results clarify why some IP violations are condemned more harshly or excused more readily than the law would suggest and highlight the potential for aligning legal frameworks with intrinsic moral expectations rooted in reputational fairness to enhance compliance and legitimacy in IP governance.

This study examines the legal protection of AI systems through the framework of undisclosed information in the absence of explicit legislative provisions. AI applications contain valuable algorithms, code, and technical expertise that constitute significant economic assets, making their confidentiality essential to prevent theft, imitation, or misuse. The research argues that AI-related information may qualify for protection as undisclosed information if it meets the conditions of confidentiality, commercial value, and the adoption of reasonable protective measures. Using an analytical and comparative methodology, the study reviews Iraqi and Egyptian laws, as well as international instruments, particularly the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), and analyzes the various scholarly opinions on whether AI should be considered an innovation under IP law. The study also explores alternative mechanisms, including contractual confidentiality obligations and unfair competition claims, and identifies common risks such as electronic counterfeiting and cyber-hacking. The findings indicate that undisclosed information provides an effective and flexible tool for protecting AI systems, particularly when traditional IP rights, such as patents or copyrights, are inadequate. The study concludes by recommending the development of national legislation that explicitly addresses the issue of confidentiality related to artificial intelligence, ensuring a balanced framework that protects intellectual property rights and promotes technological innovation.

Luciano Floridi’s concept of distant writing – which is the textual production mediated by generative AI – has presented us with a challenge to traditional accounts of authorship and epistemic agency. In this paper, we analyze the epistemological consequences of this new paradigm, arguing that distant writing reframes rather than diminishes the author’s role, shifting epistemic competence from direct composition to second-order curatorial acts: architectural design, dialogical refinement, evaluative verification, and integrative synthesis. Applying Ernest Sosa’s virtue epistemology, we develop the Apt Curation Model, which positions the human author as the central epistemic agent, not as sentence originator, but as virtuous curator whose competence makes the text an apt epistemic performance. We rebut the opacity objection that AI’s inscrutability reduces authorship to epistemic luck, demonstrating through Floridi’s Levels of Abstraction that curatorial virtues constitute responsible engagement. We conclude by examining domain specificity and identifying implications for pedagogy and intellectual property law.

This study examines the challenges posed by artificial intelligence (AI) to traditional intellectual property (IP) frameworks, particularly in cases where creative or innovative outputs are generated without direct human authorship. As AI systems become increasingly capable of autonomous learning and content creation, they challenge the foundational legal assumption that authorship - and by extension, IP protection - is inherently human. The research critically explores whether existing IP laws can accommodate AI-generated works, the feasibility of recognizing AI as a legal subject, and the implications of attributing authorship or liability in such cases. Drawing on comparative legal analysis from civil law, common law, and selected Arab jurisdictions, the study highlights the inconsistencies and gaps in current legal systems. It advocates for the development of a specialized legal framework that reflects the realities of the digital age, including redefined standards of "innovation" and the implementation of the "responsible human proxy" doctrine. Ultimately, the study calls for a shift in legal philosophy - one that balances the need for legal certainty with the dynamic nature of technological advancement in the field of inteشllectual property.

Trademark protection is a fundamental element of intellectual property law that supports innovation, economic growth, and legal certainty while increasingly contributing to sustainable development through fair business practices, local market strengthening, and sustainable employment. This study examines trademark protection regimes in Indonesia, Oman, and the Philippines using a normative and comparative legal approach to assess their contribution to the Sustainable Development Goals, particularly in relation to economic growth, innovation, and institutional strength. The findings show that although all three countries formally recognize the importance of trademark protection, they differ significantly in regulatory design and enforcement, with Indonesia facing persistent enforcement challenges, Oman demonstrating strong legal structure but limited practical effectiveness, and the Philippines adopting a more adaptive and institutionally robust approach. The study concludes that trademark protection can function as an effective tool for sustainable development if supported by stronger institutional capacity, greater alignment with international standards, and enhanced regional cooperation.

The threat of misappropriation is one of the major challenges facing traditional knowledge in Africa today. This paper seeks to identify the challenges and potential opportunities for safeguarding this valuable heritage and will pay particular attention to the function of the African Regional Intellectual Property Organization and the recent Swakopmund Protocol. This research utilizes a documentary analysis to evaluate the protections afforded to traditional knowledge not only as a matter of justice but as a means of enhancing the socio-economic status of local communities. Based upon these results, the paper suggests establishing customized governance structures for the recognition and value of traditional knowledge so that local communities can realize tangible social and economic returns on their traditional knowledge and enhance their cultural identities. Finally, it is stressed that a persistent and collaborative effort by all stakeholders is required if traditional knowledge is to be preserved for future generations. The Swakopmund Protocol has been identified as an important model for regional intellectual property law and a comprehensive legal structure for the protection of traditional knowledge and traditional cultural expressions by ARIPO member states, which represents an important milestone in the establishment of community rights over their indigenous knowledge.

The protection of trademarks is a fundamental component of intellectual property law, aimed at ensuring fair competition and safeguarding the economic interests of rights holders; however, challenges persist in achieving effective harmonization and enforcement, particularly in developing and transitional legal systems. This paper examines the trademark protection framework in the Republic of Kosovo in light of national legislation and relevant international and European Union (EU) legal instruments, including the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement and EU trademark law standards (World Trade Organization [WTO], 1994; The European Parliament, & The Council of the European Union, 2015). The purpose of the research is to assess the degree of alignment of Kosovo’s trademark legislation with international and EU norms and to evaluate its application within civil and criminal law contexts. The study employs a doctrinal and comparative legal methodology, based on the analysis of statutory provisions, international agreements, and scholarly literature. The findings reveal that while Kosovo has made notable progress toward legal harmonization, deficiencies remain in enforcement mechanisms and legal certainty. The paper concludes that further legislative refinement and stronger institutional implementation are required. This research is relevant for advancing academic discourse on trademark law and for informing policymakers and legal practitioners involved in intellectual property protection and legal harmonization processes.

JOHNSON & JOHNSON V. PRITAMDAS ARORA T/A M/S MEDSERVE & ANR., 2025 Drishti Banerjee, LL.M. in Intellectual Property Law and Management, WIPO-NLU DELHI-IPO (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.17 This case analysis examines the decision of the High Court of Delhi in Johnson & Johnson v. Pritamdas Arora t/a M/s Medserve & Anr., 2025, a significant ruling This case analysis examines the decision of the High Court of Delhi in Johnson & Johnson v. Pritamdas Arora t/a M/s Medserve & Anr., 2025, a significant ruling addressing large-scale counterfeiting of surgical medical devices. The dispute arose after counterfeiting hemostatic products bearing the registered trademarks ‘SURGICEL’ and ‘ETHICON’ were traced to an organised distribution network linked to the Defendants in New Delhi.

Issues concerning the protection of genetic resources and traditional knowledge have increasingly attracted attention in international intellectual property law, particularly following the adoption of the World Intellectual Property Organisation (WIPO) Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (GRATK Treaty 2024). This treaty represents a significant achievement, as it mandates for the first time the disclosure of the origin of genetic resources and associated traditional knowledge in patent applications, in line with global efforts to curb biopiracy and to recognise the rights of Indigenous communities. As a mega-biodiverse country rich in traditional knowledge heritage, Malaysia has yet to ratify this treaty. Accordingly, this study evaluates the suitability and implications of ratification by examining gaps within the existing legal framework, including the Patents Act 1983, Copyright Act 1987, Trademarks Act 2019, Geographical Indications Act 2022, as well as national biodiversity policies. The study employs a qualitative document analysis methodology, encompassing treaty provisions, domestic legislation, policy reports, and international biopiracy case studies, such as those of neem, turmeric, basmati, and hoodia, which are comparatively analysed alongside local herbal resources, including tongkat ali and kacip fatimah. The findings indicate that ratification of the treaty has the potential to strengthen the protection of indigenous community rights, enhance alignment with international standards, and reinforce Malaysia’s geopolitical standing in global negotiations. Nevertheless, effective implementation would require legislative amendments, institutional capacity-building, the development of traditional knowledge databases, and the establishment of fair and equitable benefit-sharing mechanisms. Therefore, a comprehensive and inclusive implementation strategy is essential to ensure that Malaysia not only safeguards its biodiversity but also upholds the sovereignty of its traditional knowledge in the era of globalisation.

Copyright constitutes a central pillar of intellectual property law in regulating the commercial exploitation of music as an economically valuable creative work. This article examines the legal obligation imposed on cafés and restaurants in Indonesia to pay music royalties under Government Regulation No. 56 of 2021, as an implementing instrument of Law No. 28 of 2014 on Copyright. Despite the existence of a formal regulatory framework, widespread non-compliance among café and restaurant business operators persists, raising significant juridical concerns regarding enforcement legitimacy and proportionality. Employing a normative-juridical research method with statutory and conceptual approaches, this study analyzes primary, secondary, and tertiary legal materials to assess the normative basis and legal implications of mandatory royalty payment obligations. The analysis demonstrates that the use of music in cafés and restaurants constitutes a form of public performance or communication to the public, thereby generating enforceable royalty obligations grounded in creators’ exclusive economic rights. Non-compliance gives rise to layered juridical consequences, encompassing administrative enforcement, civil liability, and the potential application of criminal sanctions under Indonesian copyright law. By situating the Indonesian regulatory framework within broader debates on copyright governance, this article contributes to the international discourse by clarifying how collective royalty regimes recalibrate the legal position of small and medium-sized commercial users in public performance rights enforcement systems.