Intellectual Property Research Articles

Legal consequences of recognition of intellectual property rights (protective document) invalid as a way of protecting civil rights

The article considers certain problematic aspects regarding the invalidation of intellectual property rights (protection documents) and their legal consequences. Author proves that when intellectual property rights expire, they end their term of legal protection by virtue of the law, taking into account the temporary nature of such rights. If a person registers rights or an object of intellectual property, receives a protection document, but knows that such an object does not really meet the conditions for granting legal protection, and enteres into contractual relations with respect to it, the counterparty of such a person (a party to the contract) also has the opportunity to initiate the invalidation of such a contract on the basis of Art. 230 of the Civil Code of Ukraine. Within the invalidation of deeds regarding invalid intellectual property rights, one should also proceed from whether such contracts were fulfilled in full or in part and whether such a method of protection as the recognition of a contract (deed) as invalid will become an effective way of protecting civil rights and restore the violated, unrecognized or contested right. The situation remains unregulated, when intellectual property rights to an invention, a utility model are recognized partially invalid, and individual independent clauses of the claim of the invention (utility model) or signs of the appearance of the industrial design are excluded from legal protection. It has been proven that invalidation of intellectual property rights to an invention, utility model or industrial design, invalidation of a trademark certificate will de facto reduce the authorized capital of the business company (to which they contributed) in the amount of the monetary value of these rights, which was approved by the participants (founders) when they were introduced. If a member of the company has contributed to the authorized capital of the business company exclusively with property rights of intellectual property, it would be expedient to give him the opportunity to contribute money, securities or other property, unless otherwise established by law, to replace this contribution.

Copyright in the context of development of generative artificial intelligence tools

The article addresses fundamental legal issues in the field of intellectual property arising from the rapid development of generative artificial intelligence. It explores the challenges posed to copyright law by the widespread adoption of artificial intelligence technologies. In particular, the study examines the legal regime of objects created with the assistance of artificial intelligence, the legality of using copyright-protected works for training AI models, and specific issues related to the legal personality of AI. Based on an analysis of international judicial practice and contemporary regulatory instruments, including the recently adopted European Union Artificial Intelligence Regulation, the study examines ambiguous approaches to determining copyright for AI-generated objects. Practical cases from various jurisdictions, including court decisions from the United States and China, are analyzed to illustrate the variability in legal assessments regarding the interaction of intellectual property law and AI. The article offers an analysis of promising mechanisms for regulating legal relations in the field of study. These include the introduction of a collective rights management system (similar to extended or mandatory collective management), the establishment of mechanisms for fair compensation to rights holders, and the development of technical tools for identifying the origin of content. The study underscores the necessity of balancing the interests of AI technology developers, authors, and society’s technological advancement needs. The article traces trends in legislative changes in the field of intellectual property and the regulation of artificial intelligence. In particular, it examines the provisions of the Artificial Intelligence Act, which imposes obligations on AI model developers to comply with copyright laws, including the requirement to disclose detailed reports on the content used for training AI models. The article emphasizes the importance of creating a legal environment that simultaneously fosters technological progress and robustly protects the rights and interests of authors. Effective regulation should be grounded in fundamental principles of fairness, transparency, and comprehensive consideration of the interests of all participants in intellectual property legal relations.

Broadcasting organization program as a unique service object of related rights

The program of a broadcasting organization according to the current legislation is one of the objects of related rights along with such other objects as a performance, videogram and phonogram. The current profile legislation provides a definition of a program of a broadcasting organization and a broadcasting organization, but there is no definition of the name of the broadcasting organization, as well as a definition of a program of a broadcasting organization as an official object of related rights. According to the doctrine of intellectual property law, its content consists of personal non-property rights and property rights. If we analyze the scope of personal non-property rights, then its largest volume is associated with such an object of related rights as a performance. Personal non-property rights in relation to other objects, including programs of a broadcasting organization, consist in indicating the name. At the same time, if, for example, in the case of a phonogram, the name of the producer can be placed on a copy, the program of a broadcasting organization is a different object of related rights by its nature, because both personal non-property rights and property rights arise in relation to this object from the moment of the first broadcast, that is, from the moment of the signal. In fact, the signal becomes a form of external expression of a particular program of a broadcasting organization. In the work, the author adheres to the point of view that the name of the broadcasting organization should also be transmitted together with this same signal. We believe that this is important from the point of view of declaring both personal non-property rights and property rights. At the same time, we note that according to the current profile legislation, mandatory registration of related rights is not required. Why did the author raise the topic of studying this object of related rights as a unique service object in the work, despite the fact that the legislator for some reason bypasses this object as a service object? The question is in the very legal nature of the broadcasting organization’s program as an object of related rights. Yes, although the legislator has not defined whether the broadcasting organization is a legal entity, we believe that it is just that. In this case, a situation arises where, in fact, personal non-property rights are fixed for a legal entity that is not the creator. Of course, without the technical capabilities of the broadcasting organization, the emergence of this object is impossible at all, but at the same time, personal non-property rights to this object from the employee (employees) who created it do not seem to exist at all. Of course, personal non-property rights are directly related to property rights, without the emergence of personal non-property rights, property rights do not arise, but at the same time, not fixing the names of the employee (employees) who created this object is considered not entirely fair, since the name (names) of the employee (employees) always goes by the business reputation of the latter, which in turn is associated with the professional recognition of a particular specialist, his work (including receiving relevant professional awards). It is also worth noting the direct relationship between the business reputation, professional recognition of a particular specialist and the level of salary paid to him by the employer. The name of the broadcasting organization cannot include the names of the employee (employees). We believe that both the name of the broadcasting organization and the name of the employee(s) should be indicated upon first broadcast, since personal non-property rights are associated with the person of the creator. As for the issue of a more detailed consideration of the distribution of property rights to such an object of related rights as a broadcasting organization’s program, this is the subject of another of our subsequent studies.

Enforcement and protection of copyright in the digital environment (on the Internet)

The article considers certain problematic aspects regarding the implementation and protection of copyright in the digital environment (on the Internet). It has been established that the digital sphere (digital environment, the Internet) is developing at a rapid pace and is particularly relevant in terms of the use and protection of intellectual property rights. It is proven that the development of the digital sphere (digital environment, Internet) has led to the appearance of the latest objects (in particular, multimedia and digital works), new forms of creativity, new communication media (forms of communication), including an interactive environment. It is proven that in connection with the development of high technologies, the appearance of new objects of copyright and related rights with special, new properties, new types and methods of their use, new exclusive rights of creators (the right of access in interactive mode) have arisen. It was established that the national legislation of Ukraine and international treaties do not use the concept of «Internet» as a medium for the use of objects of copyright and related rights, as a place for communication, instead, the norms of domestic legislation (Civil Code of Ukraine, Law of Ukraine «On Copyright and Related Rights rights») contain broader concepts that apply to digital technologies, namely, reproduction, the right to distribute to the general public (disclosure, access). It has been established that for the legitimate use of copyright and related rights on the Internet, it is necessary to obtain permission from the subjects of copyright and related rights. It is substantiated that it is important to ensure effective and adequate protection of the intellectual property rights of creators, guarantee them appropriate compensation for the use of their objects, and encourage them to continue their creative activity. The need to establish certain exceptions and limitations of copyright and related rights in the interests of society in order to promote the development of education, science and culture has been proven. It has been established that the problems of legal inconsistency of legislation are becoming increasingly important as a result of the further development of the information society and the emergence of new forms of cross-border communications. It is substantiated that modern legislation in the field of copyright and related rights needs changes and additions to adequately reflect economic realities, new forms of use of objects, etc.

Green Finance and Climate Technology: Evidence From a Quasi‐Natural Experiment

ABSTRACTAddressing the productivity challenge of climate technology (ClimTECH) firms and avoiding the “green trap” is crucial for decoupling economic growth from carbon emissions and achieving sustainable development. This study uses the establishment of green finance reform and innovation pilot zones as a quasi‐natural experiment and employs a difference‐in‐differences model to explore the impact of green finance policies on the total factor productivity (TFP) of ClimTECH firms and its spillover effects. The results show that (1) Green finance policies significantly increase TFP, especially in state‐owned firms, firms that actively disclose environmental information, firms led by long‐tenure CEOs, and those in regions with strong intellectual property protection. (2) The channel analysis shows that green finance policies enhance firms' TFP by easing financing constraints, encouraging green technology improvements, and improving capital allocation efficiency. (3) The spillover effect analysis shows that the TFP increase driven by green finance policies not only enhances firm value but also stimulates local green innovation and reduces regional carbon emissions. This research offers theoretical insights and policy implications for strengthening green finance frameworks and enhancing the environmental responsibility of ClimTECH firms.

Generative AI in Higher Education: Challenges and Opportunities for Course Learning

Generative Artificial Intelligence (GenAI) is transforming course learning in higher education. This study, based on two rounds of action research in two college courses, reveals critical challenges in this transformation. Findings indicate that students' reliance on GenAI can hinder their autonomy, critical thinking, and affective-social learning, while also raising concerns about content accuracy, intellectual property rights, and privacy. Although teacher guidance partially mitigates these issues, enhanced strategies are crucial. This study provides practical implications for optimizing curriculum design, teaching methods, and evaluation criteria, emphasizing the need to incorporate ethics education and strengthen emotional-social guidance. Future research directions are suggested to address the challenges of GenAI and ensure educational quality and student development.

Multi-channel adaptive median signal filter

This study aims to develop a novel structure of an N-channel adaptive median signal filter with dynamic input exclusion. The proposed design is intended for highly reliable, fault-tolerant modular redundant power supply systems for spacecraft. To investigate the functionality of the proposed N-channel filter, we developed a simulation model for a 7-channel median signal filter using MATLAB Simulink. A model-based design approach was applied to validate the performance of the proposed element using the Altera Cyclone IV EP4CE115F29C7 field-programmable gate array (FPGA). The verification process involved the use of automatic code generation tools within MATLAB Simulink for the FPGA implementation. A novel structure of the N-channel median signal filter was proposed, featuring a dynamic exclusion of unused inputs from the median calculation. This guarantees that only valid input signals from operational modules within the power supply system be included in the median calculation. The simulation results demonstrated that, in contrast to existing counterparts, the proposed filter is capable of reliably outputting the median signal as the number of active input signals decreases from N to 1. The implementation of the filter as an intellectual property (IP) block based on the Altera Cyclone IV EP4CE115F29C7 FPGA demonstrated efficient resource utilisation, occupying 541 logic cells, while fully adhering to the specified operational logic. The proposed structure of the adaptive median signal filter can be employed in highly reliable, fault-tolerant spacecraft redundant power supply systems, maintaining functionality even in the event of multiple module failures, down to the last operational module. The developed solution meets the stringent fault-tolerance requirements of spacecraft power systems.

Etnobotânica: Conhecimento Tradicional da Comunidade Rural Juerana, Caravelas, Bahia

This study focuses on the district of Juerana, a rural community in Caravelas, Bahia, located within the Atlantic Forest biome, one of the world’s leading conservation hotspots due to its unique biodiversity and high level of endemism. This work is a partial result of a master’s research project investigating the use of medicinal plants in the region, where ethnobotanical practices are passed down through generations and play a vital role in local healthcare. For the community, medicinal plants serve as an accessible and sustainable alternative for treating illnesses, being cultivated in home gardens or collected from the forests, which further strengthens the bond with the environment. In addition to highlighting the importance of medicinal plants in the community’s daily life, the study contributes to the cultural and scientific recognition of this intangible heritage by documenting and validating ancestral knowledge. This documentation is essential for protecting the community’s intellectual property and underscores the urgent need to conserve the region’s biodiversity, fostering a more balanced and sustainable relationship between the inhabitants and the natural ecosystem.

Trademark Sales Study as Boedel Bankrupt by the Curator

Trademarks are included in the Intellectual Property Rights (IPR) regime in Indonesia because trademark rights are always attached to economic rights. This study uses a normative method by collecting secondary data. Qualitative analysis was carried out on secondary data to obtain conclusions about the Nyonya Meneer brand as an intangible asset owned by PT Nyonya Meneer which is bankrupt based on the Commercial Court Decision. As a result of the law of PT Nyonya Meneer being bankrupt, the Curator carried out the settlement and management of the bankrupt estate including the Nyonya Meneer brand by auction through private sales with an appraisal value of Rp. 200 billion to Rp. 10.25 billion. It is hoped that the government will make a regulation related to the valuation regulations for IPR as well as regulations related to the transfer of IPR as bankrupt assets and create a special appraisal institution to provide legal certainty for the curator in carrying out his duties and authorities.

Artificial Intelligence in Healthcare: Opportunities and Difficulties

The usage of Artificial Intelligence (AI) into the healthcare system gains the potential to increase efficiency, speed up the diagnostic processes & improve result quality. Having said that, using the instruments in the healthcare environment in conjunction with growth of its uses, the issue of adherence to laws, morals, and regulations comes up. Therefore, the ethical, legal, and responsibility issues that come up when AI is used in healthcare have been reviewed in this review article. These issues include privacy, algorithm bias, transparency, accountability, and weakened doctor-patient relationships. Liability, the numerous legal gaps that exist, and intellectual property rights are the key legal areas of concern. To address these expanding legal difficulties, legal frameworks must be created. The author of the article emphasizes the idea on AI’innovations and responsibility; as a result, he urges regulatory bodies to develop a methodical and strategic approach to AI, encourage AI to express their opinions, and create strategies to combat bias through diversity of data. Additionally covered are patient-centered AI use, roles and duties in the event of injury, and continuous monitoring of AI systems. These steps are intended to guarantee that the usage of AI in healthcare remains appropriate, effective and harmless to lessen adverse effects and enhance patient outcomes. To accomplish this, it emphasizes the importance of patient security as a vital basis for the successful use of the researched artificial intelligence usages in the healthcare sector, as well as the necessity of proactive government regulation, the engagement of all interested stakeholders and the necessity of proactive government regulation. The conclusion reiterates the notion that AI must be positioned as a device for positive deviations in the current healthcare delivery organization that must be cast-off in compliance with the primary ethical and legal guidelines.

Pemberdayaan Masyarakat Adat Melalui Literasi Digital: Melindungi Warisan Budaya Takbenda dan Mendorong Inklusi Pendidikan

This study examines the role of digital literacy in safeguarding intangible cultural heritage, focusing on the cultural exploitation of the Baduy Luar indigenous community on TikTok. The commodification of culture in digital media often leads to misrepresentation, highlighting the importance of digital literacy as an empowerment tool. Using a literature review and case study approach, this research emphasizes the need for inclusive digital literacy programs to enable indigenous communities to control cultural representation, understand their rights to Indigenous Cultural and Intellectual Property (ICIP), and counter the dominance of Authorized Heritage Discourse (AHD) in digital narratives. Findings reveal that community-based digital literacy can support cultural preservation, enhance educational access, and protect indigenous communities from digital exploitation. Through stakeholder collaboration and the enactment of ICIP regulations, digital literacy can serve as a strategic tool to safeguard indigenous cultural heritage, to promote educational inclusion, and to ensure the sustainability of cultural heritage in the digital age.

Navigating The Landscape Of Innovation & Entrepreneurship In Pakistan: A Review

This article's abstract explores the concepts of innovation and entrepreneurship and how they work together to promote economic progress. Despite its challenges, Pakistan may prosper in these fields thanks to its large and growing market, skilled labour force, and supportive political environment. However, for innovation and entrepreneurship to live up to their potential, several problems need to be resolved, including bureaucracy and corruption, poor intellectual property protection, inadequate research and development, and limited access to capital. In the medical device industry, innovation and entrepreneurship may drive progress as new technologies and opportunities for expansion and improvement can be developed. Getting finance, negotiating legal and regulatory environments, managing new trends and technologies, The potential for coordinated effort and organisation, and laying the basis for a flourishing enterprising biological system in Pakistan are points shrouded in this article. The article makes various significant proposals for Pakistani entrepreneurs who must work on their odds of coming out on top, including making a strong marketable strategy, finding finance sources, interfacing with others and cooperating, using innovation, and being versatile. Pakistan can lead the way nearby for advancement and business, setting the way for monetary development and improvement, with continuous endeavours and participation. Keywords: Innovation, Entrepreneurship, Economic growth, venture, Value, Workforce, Research and development, Medical device, Networking, Technology, Adaptability, Success.

Development and construction of a portable wind tunnel for investigating wind erosion through the application of photogrammetry techniques

Climate change is one of the most crucial issues in human society such that if it is not given sufficient attention, it can become a great threat to both humans and the Earth. Due to global warming, soil erosion is increasing in different regions. Therefore, this issue will require further investigation and the use of new tools. In this paper, a portable wind tunnel was designed and built for wind erosion studies using photogrammetry, which is a novel technique. This instrument consists of a working section, a fan, a portable voltage source inverter to control its angular speed, and a honeycomb to straighten the air flow in the working section. The eroded volume of soil is measured using photogrammetry by producing two 3D models and point clouds before and after the soil erosion test and calculating their volume changes. The results show that a 0.175 mm check distance precision is achievable under convergent imaging and with sufficient number of accurate control points which this value indicates the discrepancy between the anticipated and measured lengths of all the check distances. In addition, the features of this portable wind tunnel guarantee its easy portability, and its transparency enables the measurement of the threshold friction velocity. Additionally, this instrument, as an invention, has been registered at the Intellectual Property Center of Iran.

Protein concentration and analyzing charge variants in a co-formulation comprising three monoclonal antibodies: A cation-exchange chromatography approach.

In the realm of therapeutic antibodies, co-formulations comprising two or more monoclonal antibodies (mAbs) have emerged as a promising strategy, offering enhanced treatment efficacy, improved efficiency, and prolonged intellectual property protection. These advantages have sparked significant interest among both patients and pharmaceutical companies. However, the quantification and analysis of individual mAbs within such co-formulations pose a substantial challenge due to their similar physicochemical properties. To address this challenge, we introduce a pH gradient cation exchange chromatography (CEX) method designed to effectively separate three mAbs that share significant similarities in molecular weight, structure, and isoelectric points (pIs) etc. This versatile approach not only facilitates the accurate quantification of each mAb's concentration and their respective ratios within the co-formulation, but also allows for the comprehensive characterization of all charge variants present. In the case of a co-formulation containing three antibodies, the developed CEX method demonstrated superior performance compared to other techniques. The method's robustness was further underscored by its qualification parameters, including acceptable precision (RSD≤3%), accuracy (95%-115% recovery), and linearity (R2>0.99) across a range of 10 to 30μg load for each mAb. Moreover, the method has been successfully applied in stability studies to quantitatively analyze individual mAb concentrations within co-formulations, marking a significant advancement in the field. Through this work, we contribute a crucial analytical insight into mAb co-formulations, especially those comprising three or more molecules, underscoring its considerable potential to propel the field of biotherapeutic co-formulations forward.

The Legal Protection and Responsibility of the Directorate General of Intellectual Property in the Biostime Hong Kong Trademark Dispute

The Legal Protection and Responsibility of the Directorate General of Intellectual Property in the Biostime Hong Kong Trademark Dispute

The Extent of Sri Lanka’s Unfair Competition Law in Safeguarding Intellectual Property Rights and the Way Forward

This research examines the scope of Sri Lanka’s unfair competition law in protecting intellectual property rights and offers recommendations to address existing issues for its effective implementation. The legal framework for protection against unfair competition was first introduced through the Code of Intellectual Property Act No. 52 of 1979. Following its commitment as a signatory to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) of 1994, Sri Lanka enacted the Intellectual Property Act No. 36 of 2003, ensuring full compliance with TRIPS guidelines. Understanding the scope of unfair competition law in protecting intellectual property rights in Sri Lanka is essential for the effective implementation of the Intellectual Property Act No. 36 of 2003. The recommendations presented in this research address the challenges faced by Sri Lanka’s unfair competition law regime.

African Approaches to Intellectual Property: Intellectual Property, Development and the Contested Meanings of Decolonisation

Abstract The term “decolonisation” has been revived more recently in intellectual property (IP) jurisprudence. This article attempts to trace the evolution of its usage in the work of two prominent IP scholars, Ruth L. Okediji and Caroline B. Ncube. I argue that in the work of Okediji, the term is used to renew the radical debates of the 1970s on the right to development in order to undo international law and IP’s imperialist correlates. In the work of Ncube, on the other hand, the term is used to disarticulate the “literal” meaning of decolonisation (1955–1975) from the historical exigencies which necessitated the emergence of African approaches to international law. Whereas “decolonisation” in the work of Okediji is applied to expand the disciplinary framework of African approaches to international law within the field of IP, Ncube idealises the term in order to redeem the development enterprise and obfuscate its racialising discourse of Africa. Ultimately, this article aims to provide a contribution to the historiography of African international legal scholarship by examining the contested meanings of “decolonisation” within IP’s disciplinary present. “Each new concept bristles with its own complications, and it is not to be imagined that the mere resort to certain terminology is the answer to everything” (Rodney, 1972, p. 13).

Review on the Implementation and Impact of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership on China's Pharmaceutical Economy

Background: The ‘Intellectual Property Rights’ chapter of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) sets high international standards for intellectual property rights (IPR) protection, particularly with regard to pharmaceutical patents. Even though some of the provisions are currently suspended, the stringent nature of these provisions poses undeniable challenges to member states, and likewise they have become an obstacle to China's IPR negotiations when joining the CPTPP. Objective: Analyze the CPTPP drug patent rules and their application in China's intellectual property law, evaluate the adaptability and challenges of China's drug patent protection system, and put forward suggestions for improving China's drug patent protection system through comparative research. Methods: A qualitative analysis This study is a qualitative theoretical study, using text research, comparative research, and case study methods. It tracks relevant research on pharmaceutical patents in the HeinOnline database, LexisNexis, WIPO database, and Cnki, and uses the China Judgment online to search for cases related to pharmaceutical patent disputes for a comprehensive analysis. Results: A high-standard pharmaceutical patent protection system is characterized by four critical rules established in the CPTPP. China's current pharmaceutical patent laws largely meet the CPTPP's requirements. Despite this alignment, there are notable deficiencies in the legal implementation aspect. Conclusion: While China's pharmaceutical patent laws are fundamentally compliant with CPTPP standards, further enhancements in legal implementation are necessary to mitigate potential risks associated with joining the agreement.

Protection of Indonesia’s biodiversity against biopiracy through adoption of Traditional Knowledge Digital Library

Abstract This research is important to formulate a form of adoption of traditional knowledge digital libraries as implemented in India which is proven to be able to cancel formulation patent applications for traditional medicines in Europe as a form of protection for intellectual property over traditional knowledge. This research is normative legal research that is prescriptive. The research takes a legislative (statute) approach to relevant legal sources, including data obtained through documentation studies. The research results showthat The Indonesian government is starting to seriously implement communal intellectual property protection by providing defensive protection through inventory and documentation of intellectual property through the National Information System for Communal Intellectual Property as regulated in Government Regulation Number 56 of 2022 concerning Communal Intellectual Property. However, defensive measures are still insufficient to prevent biopiracy actions in Indonesia. Positive protection is also required, in the form of sui generis regulation of communal intellectual property. In terms of specifically defensive protection of traditional knowledge as part of communal intellectual property, you can adopt the Traditional Knowledge Digital Library as a tool to assist patent examiners so that patent offices around the world do not grant patent rights to the wealth of traditional knowledge of indigenous and tribal peoples in Indonesia. Optimizing the database system through the Indonesian Traditional Knowledge Digital Library is a form of implementing the precautionary principle which can prevent even greater biopiracy practices in Indonesia and also as a means to protect biodiversity in Indonesia.

<span>Intellectual property in quantum computing and market power: a theoretical discussion and empirical analysis</span>

<span>Intellectual property in quantum computing and market power: a theoretical discussion and empirical analysis</span>