Intellectual Property Matters Research Articles

Factors in the Commercialization of Scientific Research in Zimbabwean Universities

Low university patents and the lack of spin-out companies resulting from university research indicate Zimbabwe's low level of academic entrepreneurship. The purpose of this article is to determine the factors that affect academic entrepreneurship and understanding how these elements affect academic entrepreneurship in Zimbabwean university research commercialization. The study used a qualitative methodology, and data were collected through semi-structured interviews with twelve scientists who were purposively sampled and employed by Zimbabwean universities. The results indicate a deficiency in business acumen, motivation to participate, collaborative culture, and supporting structures. These were determined to be the main obstacles preventing research from being commercialized. However, the industry is not prepared to split the profits from commercialized research output, and disparities in how universities and industry view innovation also impede research commercialization. For the successful and efficient commercialization of research, the study suggests that innovation hubs have a clear administrative structure. Researchers should be encouraged to participate in the research commercialization process by implementing a recognition award system. Innovation hubs ought to hire specialists in intellectual property matters and coordinators for university-industry cooperation on research projects.

Standards Essential Patents for new technologies

The practice of innovative activity in Ukraine indicates low implementation of inventions. In cases where the invention is made to the order of a business, it really works and provides a certain benefit in the economy of the enterprise and the country. But most of the developments brought to the stage of protection are developed by individuals and institutions of higher education, which do not have an effective mechanism for their commercialization within Ukraine, and not all reach the markets of other countries. Patent owners do not always understand the procedures for converting their patents into SEPs in order to apply them in standards and further licensing (with the possibility of even issuing a worldwide license). The purpose and objectives of the study are to define the essence of SEP, to analyze the policies of individual standardization organizations regarding SEP, tostudy the experience and approaches of the European Commission regarding SEP, to develop normative legal acts and to provide recommendations to SEP owners when converting their patents into SEP with the aim of applying them in standards and further licensing Thus, today in the field of SEP, the following process participants can be distinguished: standardization organizations, SEP owners, patent pool administrators (very often, but not always), users of the standard and consumers of the final product. Therefore, it becomes important for patent owners to find joint activities with standardization organizations to participate in the development of a standard to convert their patent into a SEP in order to use it in a specific regulatory document (standard). Clearly, transparent assessment procedures and reasonable (FRAND-wise) licensing conditions must be created for SEP identification, which is currently often a trial-and-error process. It should be noted that the processes related to SEP are not defined by the regulatory legal acts of Ukraine, despite the fact that they can be useful both for creative workers and institutions, as well as for product manufacturers and users of standards. At the same time, attention should be paid to obtaining educational competences by masters of universities in technical, economic and intellectual property matters, to which it is necessary to add competence in the field of standardization.

Enforcement of Arbitral Awards in South Korea

Not only is South Korea an economic powerhouse, but it is also a pro-arbitration and pro-enforcement jurisdiction. This article examines the enforcement framework of both domestic and foreign arbitral awards in South Korea, considering the latest amendments to the Korean Arbitration Act (KAA). In doing so, the authors argue that South Korea is a sophisticated jurisdiction for arbitration and its regime for enforcement is consistent with leading Model Law jurisdictions in the Asia-Pacific region. Most notably, enforcement proceedings in South Korea follow an expeditious ‘decision to enforce’ process, akin to a common law summary judgment type procedure and South Korean courts only require the bare minimum documents to be submitted as proof. Furthermore, South Korean courts take an internationalist and narrow approach to the defences to enforcement, requiring a serious breach or impact on due process before granting refusal. The pro-arbitration nature of South Korea is particularly noticeable in the context of arbitrability and public policy. Competition and intellectual property matters are now both likely arbitrable in South Korea, and South Korean courts maintain a high threshold for refusing to enforce awards under the public policy ground. Arbitration, enforcing arbitral awards, South Korea, Korean Arbitration Act

The high court for intellectual property as an element of the judicial system in Ukraine. CONTRA SENTENTIAM

Keywords: intellectual property law, Higher IP Court, judicial system, legal position,fact in issue
 Based on the analysis of the provisions of the Law of Ukraine «On Judicial System and Status of Judges», provisionsof procedural codes, as well as international practices, the author expresses doubts about the expediency of existence in the judicial system of Ukraine of a Higher Intellectual Property Court as a separate judicial institution. The identified proceduraland organizational flaws point to the untenability of the position that introducing such a specialized court into the judicial system would increase the effectiveness of intellectual property protection in Ukraine.There is every reason to assert that the Ukrainian state policy in the matter of the specialized court for this field tends towards ending up with something like a patent court. However, considering the qualification of the candidates for the domestic IPcourt and the first results of the competition, most likely Ukraine is going to end up with a High Court for Intellectual Property Matters composed of regular judges.In view of that, the decision to establish a specialized court for intellectual property matters as a separate element of the judicial system appears to be quite questionable, as it defeats the purpose of its creation. And this means, at the very least, budget wasted on the maintenance of an entire judicial institution.It is also absolutely unclear how the judges of the specialized court will be able to improve the quality of justice in the field of intellectual property law, as they will be effectively unable to bring law enforcement to a new level due to being burdened bythe already existing legal positions of the Supreme Court.The purpose of the article is to demonstrate the importance of the problems that are to be expected as a result of functioning of the Higher IP Court, and to propose an alternative way of ensuring the effectiveness of the protection of exclusive rights.

The Adoption of International Arbitration as the Preferred ADR Process in the Resolution of International Intellectual Property Disputes

Abstract This article, which is intended for arbitration practitioners, demonstrates that international arbitration as a subset of the field of alternative dispute resolution (ADR) offers a useful toolkit for the expeditious resolution of international intellectual property law disputes. The article demonstrates how the theory and practice of international arbitration is particularly well poised to address some of the specific considerations and requirements of paramount concern to the international intellectual property lawyers and their clients. The article will explain how the inherent features of the international arbitration legal landscape combine to indicate that it should be considered as the preferred method of ADR and explain how each of these features can provide both time and cost efficiencies. The article will identify the legal reasoning behind the benefits inherent to choosing international arbitration and will also address those circumstances when international arbitration may be precluded or otherwise considered unsuitable for intellectual property matters. The article examines several distinct benefits that international arbitration uniquely offers to international intellectual property law users and highlights some areas of the field that require additional caution.

��������ֲ�Ͳ ������ ������������ ������� ���� �������������ί �������Ҳ (��������� ��IJ�ֲ�)

The constitutional bases of mediation in intellectual property cases related to the complex interdisciplinary legal institution of self-protection of rights are analyzed. The urgency of the topic is due to a combination of public and private law principles in modern legal regulation and the general process of constitutionalization of private law and intellectual property law, in particular. It is noted that the proclamation of the constitutional right to self-defense means the inclusion in the comprehensive system of human rights protection of additional ways that increase the effectiveness of its other components and enrich the constitutional human rights mechanism as a whole. In recent years, mediation has been recognized as one of the effective and promising ways of self-protection of intellectual property rights. Ukraine is just beginning to build the institution of mediation as a way to protect intellectual property rights. The research of Ukrainian scientists analyzes the situations when it is expedient and profitable to use mediation to resolve disputes in the field of intellectual property. At the same time, in some works of Ukrainian researchers, in the author�s opinion, there is an element of a certain underestimation of public law support for the right to self-defense, in particular copyright. We believe that the constitutional provisions on self-protection of rights should be used more widely in the development of doctrinal issues of mediation intellectual property matters, which should strengthen the civil aspects of the right to selfdefense and give the problem a broader human significance. The author is convinced that the methodology of the modern system of protection of intellectual property rights should be based on an anthropological approach, which means that the provision and protection of intellectual property rights should be carried out from the standpoint of guaranteeing individual rights. It is concluded that the practice proves the profitability and effectiveness of the use of mediation in disputes related to the protection of intellectual property rights. The full implementation of this institution in Ukraine will contribute not only to improving the protection of intellectual property, but also to ensuring the constitutional rights of man and citizen.

Estudio del marco jurídico que rige la solución alternativa de conflictos entre marcas y nombres de dominio .MX

The objective of this article is to analyze, describe and compare the legal framework for alterna-tive dispute resolution between trademarks and .MX domain names, which is subject to a series of international administrative rules, so that they are known, understood, and differentiate the existing legal norms, and at the same time promote the defense of trademark rights against abuse due to the registration and use of domain names in Mexico.The article has been divided in two parts: a substantive part and an adjective part. The first part, the substantive law, is based on the application of the Uniform Dispute Resolution Policy regar-ding domain names and its variant, the Dispute Resolution Policy regarding domain names for .MX, for conflict resolution by domain names in the alternative or extra jurisdictional adminis-trative route, through alternative methods of conflict resolution or controversies in intellectual property matters, which are applied by the conflict resolution the service providers that are accre-dited by the Internet Corporation to the Assigned Names and Numbers (ICANN). The second part, the adjective law, is made up of the procedural administrative rules, which are applied in the case of conflicts over .MX domains and trademarks, this is a series of regulations that establish the procedure that is based on the indicated policies, the regulation of the provider and the regu-lation of the alternative mechanism used in the solution to these conflicts, the Expert decision.The study of the legal norms, which are applied in the Mexican case by .MX domains, is relevant, to expand their knowledge, share their content and establish recommendations for the defense of trademark rights in the alternative route.

Искусственный интеллект и «большие данные» в здравоохранении: области применения и гражданско-правовое регулирование

Digitalization of almost all human activity areas has affected such a strategic sector as healthcare. Modern medicine has a huge potential for improving the quality of healthcare at the global level. It became possible due to the fact that it is based on advanced technologies for collecting «Big data», machine learning and Artificial Intelligence (AI). Many of the «digital health» algorithms are being successfully used in consumer applications for smartphones. Nevertheless, newly emerging legal challenges in the area appear to be rather significant. Unfortunately, modern legislation is unable to take them all into account. Core issues are: torts (and liability in general), when using AI systems; privacy issues, when processing Big Data; intellectual property matters, trade secrets, etc. The purpose of this piece of research is to identify the main areas of AI and Big Data application in healthcare, as well as highlighting the most acute aspects of its legal regulation.

Archives, the Digital Turn, and Governance in Africa

Abstract:With the rise of information technology, an increasing proportion of public African archives are being digitized and made accessible on the internet. The same is being done to a certain extent with private archives too. As much as the new technologies are raising enthusiasm, they have prompted discussion among researchers and archivists, on subjects ranging from matters of intellectual property to sovereignty and governance. Digital archiving disrupts archival norms and practices, opening up a field of reflection relatively little explored by historians. This article therefore seeks to reflect on the digital turn of African archives as a subject for study in its own right, located at the crossroads of political and economic interests.

Cereal Genomics Databases and Plant Genetic Resources in Crop Improvement.

Cereal improvement is based upon effective utilization of genetic resources. These include germplasm and genomics data and tools. Cereal germplasm is available from major global seed banks. Wild material remains an additional less well utilized resource. Sourcing of germplasm requires protocols to ensure intellectual property matters are adequately addressed. Advances in genomics technology have made extensive data set available for the cereals. Reference genome sequences, transcriptome resources, and pan genomes are now available for the major cereal species. The use of genomic data is facilitated by the addition of user-friendly interfaces that allow breeders to access the information they need.

Arbitration in SEP/FRAND Disputes: Overview and Core Issues

This article takes a look at arbitration in intellectual property matters with regards to the licensing of standard-essential patents (SEPs) on fair, reasonable, and non-discriminatory (FRAND) terms. Due to the digital transformation, the importance of FRAND licensing of SEPs is likely to increase and with it the need for appropriate conflict resolution. This is where arbitration can come into play due to its flexibility and efficiency. The resolution of SEP/FRAND disputes through Alternative dispute resolution (ADR) is also supported by administrative and judicial bodies and institutions such as the International Court of Arbitration of the International Chamber of Commerce (ICC) or the World Intellectual Property Organization (WIPO) have already gained experience in this field. The article lays down particularities regarding the scope of arbitration in such disputes before briefly touching upon the question of arbitrability. Due to the lack of a law applicable to a pre-existing contract in prototypical SEP/FRAND constellations, the choice of law is also of importance. A special emphasis is put on the issue of confidentiality in view of a public interest in having access to key results of SEP/FRAND arbitration proceedings. As set forth in the article, the FRAND ADR Guidelines authored by the Munich IPDR Forum propose a solution in the form of disclosure of the FRAND determination methodology to a neutral instance, subject to party approval. Lastly, the article looks at how state courts might assess licenses reached in alternative dispute resolution and examines whether EU competition law is a public policy hurdle in subsequent enforcement proceedings.

Arbitration in SEP/FRAND Disputes: Overview and Core Issues

This article takes a look at arbitration in intellectual property matters with regards to the licensing of standard-essential patents (SEPs) on fair, reasonable, and non-discriminatory (FRAND) terms. Due to the digital transformation, the importance of FRAND licensing of SEPs is likely to increase and with it the need for appropriate conflict resolution. This is where arbitration can come into play due to its flexibility and efficiency. The resolution of SEP/FRAND disputes through Alternative dispute resolution (ADR) is also supported by administrative and judicial bodies and institutions such as the International Court of Arbitration of the International Chamber of Commerce (ICC) or the World Intellectual Property Organization (WIPO) have already gained experience in this field. The article lays down particularities regarding the scope of arbitration in such disputes before briefly touching upon the question of arbitrability. Due to the lack of a law applicable to a pre-existing contract in prototypical SEP/FRAND constellations, the choice of law is also of importance. A special emphasis is put on the issue of confidentiality in view of a public interest in having access to key results of SEP/FRAND arbitration proceedings. As set forth in the article, the FRAND ADR Guidelines authored by the Munich IPDR Forum propose a solution in the form of disclosure of the FRAND determination methodology to a neutral instance, subject to party approval. Lastly, the article looks at how state courts might assess licenses reached in alternative dispute resolution and examines whether EU competition law is a public policy hurdle in subsequent enforcement proceedings.

PECULIARITIES OF TRANSLATION OF THE TERMINOLOGY OF FORENSIC EXAMINATION OF THE INTELLECTUAL PROPERTY RIGHTS IN UKRAINE: THEORY AND PRACTICE ISSUES

The publication defines and scientifically substantiates the peculiarities of translation of the legal terminology of the English language in the field of intellectual property into Ukrainian and vice versa, taking into account the structural and semantic features of the respective terms. Methods and forms of applying the appropriate translation are summarized and systematized in the development and approval of the standards of terminology of the forensic examination of the objects of intellectual property rights. First of all, on the example of work of Subcommittee No. 5 “Examination of the Intellectual Property Objects” of the Technical Committee 192 “Forensic Examination” on the draft national document (National Income) State Standard of Ukraine 0000: 20XX “Forensic Examination of the Intellectual Property Rights Objects. Terms and Definitions” in 2018-2019. It is investigated the essence, content and genesis of the terms and terminology in the field of forensic examination of the intellectual property objects in the world, as well as the main methods and forms of their approval since their establishment in the first international conventions – in the Paris Convention for the Protection of the Industrial Property (1883) and in The Berne Convention for the Protection of the Literary and Artistic Works (1886) and before the formation in 1967 of the World Intellectual Property Organization (WIPO). The decisive mission of the WIPO in standardization of the terminology in the field of intellectual property is emphasized and its influence on the formation of the standards of terms and definitions of the forensic examination of the intellectual property objects in Ukraine. The peculiarities of the methodological approaches to the translation of the legal terms from English into Ukrainian and vice versa are revealed. It is emphasized that the translation of the terminology of the forensic examination on the intellectual property matters is even more complex than the translation of purely legal terminology: in it legal terms are intertwined with linguistic ones (spec. 13.1.1 and 13.6); engineering-computer (spec. 13.1.2, 13.8), engineering-technical, chemical, pharmacological (spec. 13.3, 13.4 and 13.8), agricultural and biological (spec. 13.5.1), economic (spec. 13.9), etc. It is noted that these terms are not exclusively legal, but are bordered by other, unrelated areas of knowledge. The conclusions of the study suggested the author’s translation of the main terms of the forensic examination of the intellectual property rights from one language to another and identified the features of their translation.

Proposed changes to Polish intellectual property laws

This article discusses proposed legislative changes which aim to introduce a special court into the Polish court system to handle intellectual property matters. The main reason for establishing such a court is, undoubtedly, the quite specific nature of proceedings regarding intangible property rights in a broad sense. The bill is part of a vast exercise to amend civil procedure law, but, to a large extent, has an impact on the substantive provisions of Industrial Property Law and the Act on Copyright and Related Rights. A number of the proposed solutions should, therefore, have a consistent influence on intellectual property laws and contribute to increasing the quality of adjudication. A substantial portion of the doctrinal considerations addressed in this article are, however, about selected issues related to new laws on remedies available in intellectual property law proceedings. In particular, they include provisions which enable the disclosure of information on intellectual property right violations. The issue of information disclosure requests has already provoked many reactions, mostly critical, with respect to the current legislation. Therefore, examining the proposed change is all the more justified as it may provide an answer to whether the uncertainties associated with applying this construct will continue to exist.

A Memoir: The Other Path Not Taken: Or the Case for Being a Political Scientist

The personalities of the Supreme Court Justices are examined in light of civil rights issues, immigration policies, antitrust, and intellectual property matters.

From TPP to CPTPP: why intellectual property matters

From TPP to CPTPP: why intellectual property matters

Putting the jig saw pieces together: an analysis of the arbitrability of intellectual property right disputes in India

The law governing arbitrability of disputes subjectively varies according to the public policy and the legislative mandate of each jurisdiction. In the absence of any legislative insight or any direct ruling of the Supreme Court of India on the arbitrability of intellectual property right disputes, the overall Indian law on the subject stands scattered. While some of the High Courts across the country have had the opportunity to deal with matters requiring the consideration of both arbitration law and intellectual property law, the lack of consistency is apparent. Through this article, the author attempts to pick up the general domestic law on arbitrability of disputes, as laid down by the Indian judiciary, and to chalk out the principles and tests applicable to all kinds of disputes, including intellectual property disputes. Thereafter, the said tests and principles shall be applied to the unique fact situations raised in various kinds of intellectual property matters, in order to test their suitability for adjudication through the process of arbitration. As a product of this process of joining the various scattered dots, a conceivably clearer picture regarding the arbitrability of intellectual property matters shall be put forth.

Multi-territorial Intellectual Property Disputes over Cyber Space

With the advent of the famous rhetoric “cyber space” at a global platform, legislators have come to a juncture where they need to realize that a different nature of disputes stand on their path. It is trite knowledge that the “cyber space” allows transactions in cross national boundaries almost instantaneously. The existing frameworks on territorial laws have lost its basic premise, as traditional theories of States Sovereignty cannot any longer be effective without considering contemporary frameworks of exercising legal jurisdictions. Attempts have been made in this article to focus primarily on determining sovereign jurisdiction in internet related cyber disputes, as infringement over the internet can occur over multiple jurisdictions consecutively. Thereby, making it important to elucidate on conflict of law issues to help courts determine infringement cases, as the classical rule of jurisdiction at the place of infringement, would seem rather redundant especially with IPR disputes having intrinsically wider scope of application geographically. This article examines the previous theories adopted by courts to deal with the extra-territorial IPR cases and articulates a novel approach that would help courts in striking a balance between the property holder's interest and the state sovereignty. This balanced approach requires courts to address potential conflicts of law and comity concerns over the global “cyber space” that we share. Adhering to the principles of private international law, to go around cyber disputes in intellectual property matters and to help States secure their territorial rights even in matters of multiple jurisdictional “cyber space” IPR disputes. The paper will be suggestive of a conclusive solution on how our domestic litigators and members of corporate institutions can adapt and transpose some of the Foreign Practices in this matter of multi-territorial dispute resolutions.

Analysis of the Disposition of Intellectual Property Cases by the Intellectual Property Appellate Board of India

The establishment of a specialized Board to deal with IP appellate matters was to ease the burden off the shoulders of the various High Courts before which, such appellate matters previously, would lie. The value of intellectual property, unlike tangible property, depreciates with time. Considering the economic significance of intellectual property delay in disposition of cases leads to loss of IP value. The Intellectual Property Appellate Board was established for the speedy disposal of Intellectual property matters. The present study analyses and reviews the performance of the Intellectual Property Appellate Board based on empirical study of the cases between 2003-2011.

Book Review: An Open Internet for All: Free Speech and Network Neutrality, by Dana D. Bagwell

An Open Internet for All: Free Speech and Network Neutrality. Dana D. Bagwell. El Paso, Texas: LFB Scholarly Publishing, 2012. 162 pp. $20 pbk.Net has once again been all over the news in the past year. Between a controversial opinion by the Court of Appeals for the District of Columbia Circuit in the Verizon v. FCC case in 2014 and the equally controversial standards propagated by the Federal Communications Commission (FCC) in March 2015, something or somebody must bring order to the topic and its scholarship.The concept of net neutrality is both simple and extremely complicated. Dana D. Bagwell's book helps put the complex topic into perspective, especially incorporating the Internet into a discussion of free speech principles and the marketplace of ideas. The book does a solid job of tracing the legal and policy aspects of Internet regulation and the public policies behind attempts to control the Internet. The book goes back to the origins of the FCC and its role in developing laws and policies relating to an ever-changing world of communications.The author thoroughly explains such potentially abstract policy topics as dial-up modem regulations, broadband policy, and the difference between information services, telecommunications, and telecommunications services under Titles I and II of the Telecommunications Act of 1996. These regulatory schemes and controversies and the accompanying legal battles set the foundation for today's net neutrality rules-and the debate surrounding them.The book also painstakingly summarizes reams of FCC policies and federal laws on communications and dozens of court decisions. This is a unique topic that envelops all three branches of government.Bagwell writes,Since network neutrality rules have become the framework by which the FCC will regulate the Internet, it is imperative that the debate move from questioning whether network neutrality is good policy to whether network neutrality is good communication policy. In other words, what values does network neutrality guarantee from the perspective of free speech and expression?The author defers to, if not reveres, the work of several earlier scholars, principally Professor Tim Wu, who is credited with coining the term net neutrality in a 2003 article, and Lawrence Lessig, a prolific legal scholar on intellectual property matters. However, the author is most deferential to Jerome Barron, the eminent First Amendment scholar whose writings are repeatedly cited throughout the book and honored in the book's concluding sentence: that the rules of access discussed throughout the book could finally fulfill Barron's vision of a right of access to the media.As a conduit for content and access to and for media, Bagwell reiterates other scholars' arguments that the Internet is perhaps the most powerful communications tool ever created. …