Intellectual Property Ownership Research Articles

Using Artificial Intelligence for High-Volume Identification of Silicosis and Tuberculosis: A Bio-Ethics Approach.

Although Artificial Intelligence (AI) is being increasingly applied, considerable distrust about introducing “disruptive” technologies persists. Intrinsic and contextual factors influencing where and how such innovations are introduced therefore require careful scrutiny to ensure that health equity is promoted. To illustrate one such critical approach, we describe and appraise an AI application – the development of computer assisted diagnosis (CAD) to support more efficient adjudication of compensation claims from former gold miners with occupational lung disease in Southern Africa. In doing so, we apply a bio-ethical lens that considers the principles of beneficence, non-maleficence, autonomy and justice and add explicability as a core principle. We draw on the AI literature, our research on CAD validation and process efficiency, as well as apprehensions of users and stakeholders. Issues of concern included AI accuracy, biased training of AI systems, data privacy, impact on human skill development, transparency and accountability in AI use, as well as intellectual property ownership. We discuss ways in which each of these potential obstacles to successful use of CAD could be mitigated. We conclude that efforts to overcoming technical challenges in applying AI must be accompanied from the onset by attention to ensuring its ethical use.

Hardware Trust and Assurance through Reverse Engineering: A Tutorial and Outlook from Image Analysis and Machine Learning Perspectives

In the context of hardware trust and assurance, reverse engineering has been often considered as an illegal action. Generally speaking, reverse engineering aims to retrieve information from a product, i.e., integrated circuits (ICs) and printed circuit boards (PCBs) in hardware security-related scenarios, in the hope of understanding the functionality of the device and determining its constituent components. Hence, it can raise serious issues concerning Intellectual Property (IP) infringement, the (in)effectiveness of security-related measures, and even new opportunities for injecting hardware Trojans. Ironically, reverse engineering can enable IP owners to verify and validate the design. Nevertheless, this cannot be achieved without overcoming numerous obstacles that limit successful outcomes of the reverse engineering process. This article surveys these challenges from two complementary perspectives: image processing and machine learning. These two fields of study form a firm basis for the enhancement of efficiency and accuracy of reverse engineering processes for both PCBs and ICs. In summary, therefore, this article presents a roadmap indicating clearly the actions to be taken to fulfill hardware trust and assurance objectives.

Calculation Of Material And Moral Damage Caused To The Author Of The Composition

It is known that the protection of intellectual property rights and rights to it is an important factor in the development of this sector, increasing its investment attractiveness. After all, the formation of a class of intellectual property owners and the development of the necessary legal framework pose new challenges to the legal science as a topical issue today.

Blockchain Technology: Can Data Security Change Higher Education Much Better?

Most college celebrities may not be very familiar with blockchain, except maybe for a few people who follow the financial cycle of a cryptocurrency called Bitcoin. Blockchain is a security technology that can replace traditional academic transcripts and provide a new model for sharing scientific information. This makes blockchain a useful learning tool or even as a medium for channeling or storing academic data. Apart from that, Blockchain can also be used to determine the ownership of a person's intellectual property. The proliferation of false credentials micro-credentials encourages academics to be able to strengthen the data security system implemented. Therefore, to strengthen and make it easier to validate the validity of these micro-credentials, this blockchain technology is considered very suitable to be used as a solution. Therefore, in this study the author uses the literature review method with the aim of finding out whether blockchain technology can update the Indonesian education system to a better domain or not.

Injury, Inequality, and Remedies: Developments in Injunctive Relief and Damages in Intellectual Property Cases

While intellectual property (IP) may be more important than ever to contemporary businesses, its doctrines are becoming more sophisticated and its remedies are often difficult to obtain, especially for smaller companies and individuals. This Essay investigates the strategies utilized by IP owners to overcome challenging precedents issued in the wake of eBay v. MercExchange and Apple Inc. v. Samsung Electronics, Co., Ltd. It illustrates the complexities of these strategies via an analysis of recent developments in the law governing injunctions, royalties, lost profits, and related matters. Injunctive relief is rare even in the copyright and patent areas. In eBay Inc. v. MercExchange, L.L.C., the United States Supreme Court held that the traditional four-factor test for permanent injunctive relief applies to disputes arising under the Patent Act. The economic and policy-based considerations that drive remedial decisions tend to favor the larger, repeat players in each industry. This trend surfaces in at least three areas of remedial doctrine. First, “implementer” or “practicing” patent owners along with many copyright and trademark owners may enjoy a presumption in favor of injunctive relief absent extraordinary circumstances, or at least do not suffer from the virtual per se rule that non-practicing entities have no right to exclude. By virtue of conceptual shortcuts that help drive equitable relief decisions, they might find it easier to establish irreparable injury and no adequate remedy at law, even when they may be entitled to a windfall in statutory or treble damages. Second, the balance of hardships and public interest factors do not appear to aid small or medium-sized enterprises striving to level the playing field with well-funded, litigious infringers, as one might expect from “equity.” Lastly, firms with lucrative existing intellectual-property licensing or exploitation arrangements are better situated to show the incremental contribution of the infringed right to the respective revenue or anticipated profits of the parties.

Data collection, quality and evidence formation for human use experience of traditional Chinese medicine

Collecting and summarizing human use experience(HUE) data, forming high-quality data and evidences that can be used for evaluation are the key links of HUE research on traditional Chinese medicine(TCM). The collection, collation and summary of human experience data were discussed in this paper. It is pointed out that the collection of HUE should be focus on the source of prescription of new traditional Chinese medicines, and be summarized based on dialectical thinking, experience in medication, characte-ristics of prescription and clinical application. The collected contents include prescription, process, clinical location and applicable population, efficacy data and safety data, etc. The methods include interview, clinical data summary and data mining. When the data formed based on HUE information is used as drug registration information, it is necessary to ensure that the data source is legal and compliant, and the ownership of intellectual property is clear.Data sources should meet the requirements of medical ethics. To avoid conflict of interest, data analysis should be conducted by an independent third party. It is necessary to develop the quality control measures of HUE data to ensure the data traceability, integrity, consistency and accuracy, and avoid data bias.The data of HUE should include the key data such as accurate clinical location and applicable population, recognized clinical efficacy and safety.After the formation of HUE, the statistical analysis plan of empirical data of human use should be formulated. Through strict data processing, statistical analysis and clinical interpretation, HUE can be produced for evaluation.

Commercial hostages in international business disputes

AbstractA “commercial hostage” or “debt hostage” situation involves a dispute between a foreign company and its local partner over such matters as payment, the closing of a local office or facility, the laying off of local employees, or the transfer or ownership of intellectual property. Rather than file a lawsuit seeking money damages or an injunction, the local partner takes extra‐judicial steps to detain the foreigner against their will, so as to pressure the foreign company into resolving the dispute. The local police may even actively assist the local partner by way of inaction when the foreign company asks for help. While this activity occurs in a number of countries, this study focuses on China. One challenge in studying commercial hostage situations is gathering enough cases to be able to gauge the factors that drive them. Stated differently, how can scholars shift the study of this important topic from the anecdotal to a data‐based approach? This study is an initial attempt to do just that—it mainly attempts to gauge the frequency of recent commercial hostage activity in the P.R.C. Secondarily, it sheds light on where that activity occurs, why, and the identity of its victims. To accomplish this, Freedom of Information Act requests were submitted to six Western countries (including the U.S.) with significant China trade. English and Chinese business and legal media reports were also searched for commercial hostage cases involving foreigners. Between these two sources, dozens of commercial hostage incidents were identified. The vast majority occurred in or near Tier 1 cities and/or coastal regions, a significant number involved foreign firms operating in the commodity goods space, and a disproportionate percentage involved ethnic Chinese. Building on these findings, we conclude by providing a risk assessment matrix that foreign businesspersons can use to evaluate the risk of travelling to the P.R.C. for business. As trade tensions rise between the U.S. and China, the importance of this issue and evaluating commercial hostage risk may only increase.

Certification marks for Australian native foods: A proposal for Indigenous ownership of intellectual property

Recently, interest in ‘bush tucker’ foods has surged. Indigenous Australians should be empowered to determine how their knowledge is used when these products are commercialised. To exercise control over the development of the native foods industry, Indigenous Australians could establish a certification regime to ensure that their knowledge is appropriately converted into commercial products. This could be done through the strategic use of intellectual property, specifically through certification trade marks. Creating a certification mark for native foods could represent an important part of a decolonial policy agenda aimed at reimagining the regulation of native biodiversity and cultural knowledge in Australia.

Working/non-Working Status of Patents Granted to HEIs and NRLs in India

The era of knowledge economy has seen a transition in the business market, from the need to control raw materials towards the protection of ideas, either as tangible or non-tangible assets. These assets may be secured in the form of various intellectual property (IP) instruments such as patents, know-how or technologies. These IP instruments (patents) not only give the IP owners (patentees) a monopoly over the use of their ideas/inventions, but also mandate them to commercially exploit the same for the benefit of the population at large. While economically developed countries (like China, USA, South Korea, Japan, etc.) appreciate this fact, developing countries like India are yet to make their mark in this transition; thus it is imperative to evaluate the IP landscape of the country. It is well acknowledged that major contributors to fundamental research in any country are the higher educational institutions (HEIs) and national research laboratories (NRLs). Hence, this study evaluates the patent commercialization ecosystem of Indian HEIs (351) and NRLs (553) for the period January 2010 to December 2017, based on the working statements filed by the patentees/assignees in the prescribed Form-27 at the Indian Patent Office.

The U.S. Posture on Global Access to Medication & the Case for Change

The TRIPS Waiver sought by India and South Africa features as the hot button issue of 2021. This paper enables that discussion by empirically showcasing the traditional role of the United States Trade Representative (USTR) on the question of pharmaceutical patents. The USTR is authorized by statute to identify and pursue countries perceived as denying adequate and effective protection of intellectual property (IP) rights and/or fair and equitable market access to U.S. industries or entities that rely on IP protection. The paper examines whether the allegations of poorer nations that repeatedly, the changes sought by the US have often deterred other member nations from using negotiated trade flexibilities. In doing so, this paper highlights that, it is a fact that the USTR has historically exerted pressure - often, unilaterally - on other countries in a manner that violates the spirit of the multilateral dispute settlement mechanism of the World Trade Organization. The paper showcases the number of times the USTR has tended to focus its allegations of violations on pharmaceuticals, seemingly only based on the rhetoric from PhRMA. In fact, once a country is an identified violator, the USTR has tended towards applying direct and indirect pressure through trade negotiations and preference systems in order to win policy changes favoring the U.S. intellectual property owners. The unfortunate reality, this paper concludes , is that traditionally many such changes sought by the USTR lack due consideration of local realities, and has not truly allowed allies to use negotiated TRIPS- flexibilities meant to provide access to medications in the targeted nations. The numbers in this paper speaks for itself as the US considers whether the TRIPS Waiver should be supported. The adverse impact of COVID-19 on trade necessitates us to factually asses local realities as well as the role of the US as a global leader to prioritize GLOBAL public health as a means to restore trade.

The People's Vaccine: Intellectual Property, Access to Essential Medicines, and the Coronavirus COVID-19

This paper explores intellectual property and access to essential medicines in the context of the coronavirus COVID-19 public health crisis. It considers policy solutions to counteract vaccine nationalism and profiteering by pharmaceutical companies and vaccine developers. This paper considers the campaign for the development of a People's Vaccine led by the People’s Vaccine Alliance, UNAIDS, Oxfam and Public Citizen. The WHO has established the ACT Accelerator in order to boost research, development, and deployment of COVID-19 technologies. However, the operation of COVAX thus far has been falling short of its original ambitions. The Medicines Patent Pool has expanded its jurisdiction to include the sharing of intellectual property related to COVID-19. Meanwhile, Costa Rica has proposed a COVID-19 Technology Access Pool – an idea for a new institutional structure which has been taken up by the WHO. In the context of the coronavirus public health crisis, there has also been discussion of the use of compulsory licensing and crown use to counteract profiteering and anti-competitive behavior. There has been a push by Universities Allied for Essential Medicines (UAEM) and others for the public licensing of COVID-19 technologies developed with government funding. The Open COVID Pledge has been taken by a number of intellectual property owners. In response to the assertion of proprietary rights in respect of COVID-19 technologies, the open movement has championed the development of Open Science models of science. India and South Africa have put forward a waiver proposal in the TRIPS Council to enable countries to take action in respect of COVID-19 without fear of retribution under trade laws. While the United States has been willing to support a TRIPS Waiver for vaccines, there remain a number of opponents to a TRIPS Waiver – including the European Union, Germany, Japan, and Switzerland. This paper makes the case that international intellectual property law should accommodate a People's Vaccine.

INCORPORATING ARTICLE 31bis FLEXIBILITIES ON TRIPS PUBLIC HEALTH INTO DOMESTIC PATENT SYSTEM: THE INESCAPABLE WAY FORWARD FOR MALAYSIA

The purpose of this study is to highlight the absence of specific provisions on public health under Article 31bis of the TRIPS Agreement, that were not incorporated into the Patents Act 1983 in Malaysia. The main research question of this study is; why should Malaysia immediately amend its Patents Act 1983 to incorporate these flexibilities? Malaysia must develop effective strategies to implement policies, law and governance in managing the country’s public health system. This is to ensure a balance of rights between intellectual property owners and the public, at all times. This study employs a qualitative research methodology that is based on primary sources such as the TRIPS Agreement and the Patents Act 1983, and is further supported by secondary sources such as journals and the contents of authorities’ websites. This study is limited to the issues related to public health and patents. This study includes a discussion on the provisions related to patents and public health, proposed amendments to the Patents Act 1983 that should incorporate the provisions from Article 31bis, and a conclusion on the importance of immediately amending the Patent Act 1983 to incorporate these provisions, especially during the current Covid-19 pandemic. This study proposes that the amendments be made to Section 84 of the Patents Act 1983 in relation to Rights of Government, and not through the compulsory licence mechanism under Part X of the Patents Act 1983. Thus, this study concludes that currently, Malaysia is unable to implement the provisions under Article 31bis, unless the Patents Act 1983 is amended.

The remarkable development and significance of constitutional protection for intellectual property rights in post-Arab Spring constitutions

Prior to the Arab Spring uprisings in 2011, no constitutional protection for intellectual property (IP) existed in the many earlier constitutions of Egypt or Tunisia. It is remarkable and surprising therefore that, in 2014, IP clauses appeared in the post-revolutionary constitutions of both countries. This raises the key question: why add to the existing regulation of IP in this way. Is constitutional protection just another example of the inexorable strengthening of IP rights (IPRs) or could it be a means of constraining them, where necessary, to protect other rights? This article argues that including IP in a constitution may, rather than merely strengthening IP owners' rights, open IPRs up to competition against more fundamental constitutionally protected human rights and, for example, support the prioritization of the right to health. This could be a valid explanation for and potential use of the inclusion of IP in the Egyptian and Tunisian Constitutions.

Enabling digitisation to reduce risk in the food system

Enabling digitisation to reduce risk in the food system

An Empirical Study of Gender and Race in Trademark Prosecution

This Article is the first to empirically analyze whether trademark prosecution reflects the systematic under-representation of women and minorities that has been documented for both patent and copyright prosecution. To explore this significant measure of entrepreneurial activity, we compared demographic information with 1.2 million trademark applications filed with the United States Patent and Trademark Office over thirty years. We found that trademark data showed significant differences from the other two federal IP regimes. While women and minorities have been underrepresented in the trademark applicant pool historically, the disparity is decreasing at a rate not seen in other IP registration systems. Our analysis also reveals that women regularly secure trademark registrations at a higher rate than men, and not all racial minorities are underrepresented in the trademark applicant population. Trademark registration is an important measure of entrepreneurial activity and progress in business, education, and the arts. While recent work has significantly advanced our understanding of trademark prosecution, no published studies consider the race and gender of trademark applicants. By filling that void, this article substantially contributes to our understanding of minority intellectual property ownership and provides a new foundation for policy shifts and further research to assure that intellectual property ownership paths, theory, law, and reform are grounded in equity.

Supreme Court Overrules High Court in the Adecco Transfer Pricing Case (Trademark Licence Agreement)

On 25 June 2020, the Danish Supreme Court overruled the High Court and sided with the taxpayer in the Adecco case. The dispute concerned the arm’s length nature of trademark royalties paid by Adecco Denmark to the Swiss related intellectual property owner and parent. This article discusses the ruling in more detail and provides some comments on what can be deduced from it.

Satellite phone development through an off-shore, outsourcing partnership: Client and vendor experiences

Product development outsourcing and off-shoring, especially in a high-technology industry such as Satellite Communications, is done by carefully considering the choice of the partner and the operating business model. From the satellite communications company’s (Client’s) perspective, outsourcing and off-shoring work is a strategic decision that involves considering whether to have a captive off-shore center for resource augmentation or outsource to a third-party partner organization. Furthermore, there are decisions regarding choosing a suitable trustworthy partner organization, pricing models, and the viability of a long-term relationship that involves in-life product management and protection of Intellectual Property ownership. From the partner’s (Vendor’s) viewpoint, there are several strategic and tactical decisions involving technical solution and engineering development strategy, selecting a mutually acceptable pricing model, and analyzing the risks involved in developing the high-tech product away from customer location. This case analyzes the outsourcing and off-shoring engagement between a leading provider of satellite communications and a product engineering services company in India. This case brings out the strategic perspectives of the client–vendor engagement in building a satellite communications product.

The role of universities in the realization of opportunities and curbing threats to innovative economic development – expert opinions

Purpose. Defining the role of universities in realizing opportunities and containing threats to the development of an innovative economy related to training and scientific and practical cooperation. Identification of peculiarities of views of different institutional groups of society on the characteristics of innovation economy.Methodology. The study was based on an expert method. In total, 106 experts representing four institutional groups took part in the assessment of opportunities and threats: representatives of banks, business of the real sector of the economy, authorities, faculty of universities. The evaluation is carried out on 18 possibilities formulated by experts and 19 threats from which positions are selected, which are influenced by the state of personnel provision and interaction of universities with organizations of the real sector of the economy. A fuzzy logic set was used to process the results.Results. As part of the development opportunities of the innovative economy, two are directly related to the training of qualified personnel and seven – to the scientific and practical cooperation of universities, research institutes, enterprises of the real sector of the economy. In the composition of 19 threats – four are caused by insufficient qualification, weak state support of specialists. The positions of experts within the groups are in most cases sufficiently harmonized. There are significant differences between the estimates of different groups. All expert groups assessed threats higher than opportunities, which couldbe considered a pessimistic attitude to the prospects for the development of an innovative economy. Among opportunities as the most significant are recognized: the state support of talented scientists and experts in the field of scientific, scientific and technological and innovative activity; State support for small innovative enterprises. Threats include low budget funding for academic science and higher education; Lack of the necessary legal framework to protect intellectual property owners; Lagging behind in the training of personnel with competencies adequate to the requirements of an innovative economy; «Brain drain» of current and potential developers of technological and product innovations.

Commercial Hostages: Local vs. Foreigner Business Disputes in China

A “commercial hostage” or “debt hostage” situation involves a dispute between a foreign company and its local partner over such matters as payment, the closing of a local office or facility, the laying off of local employees, the transfer or ownership of intellectual property, etc. Rather than file a lawsuit seeking money damages or an injunction, the local partner takes extra-judicial steps to detain the foreigner against their will, so as to pressure the foreign company into resolving the dispute. The local police may even actively assist the local partner by way of inaction when the foreign company asks for help. While this activity occurs in a number of countries, this study focuses on China. One challenge in studying commercial hostage situations is gathering enough cases to be able to gauge the factors that drive them. Stated differently, how can scholars shift the study of this important topic from the anecdotal to a data-based approach? This study is an initial attempt to do just that – it mainly attempts to gauge the frequency of recent commercial hostage activity in the P.R.C. Secondarily, it sheds light on where that activity occurs, why, and the identity of its victims. To accomplish this, Freedom of Information Act requests were submitted to six Western countries (including the U.S.) with significant China trade. English and Chinese business and legal media reports were also searched for commercial hostage cases involving foreigners. Between these two sources, dozens of commercial hostage incidents were identified. The vast majority occurred in or near Tier 1 cities and/or coastal regions, a significant number involved foreign firms operating in the commodity goods space, and a disproportionate percentage involved ethnic Chinese. Building on these findings, we conclude by providing a risk assessment matrix that foreign businesspersons can use to evaluate the risk of traveling to the P.R.C. for business. As trade tensions rise between the U.S. and China, the importance of this issue and evaluating commercial hostage risk may only increase.

WATERMARCH: IP Protection Through Authenticated Obfuscation in FPGA Bitstreams

Field programmable gate array (FPGA) bitstreams contain information on the functionality of all hardware intellectual property (IP) cores used in a given design, so if an attacker gains access to the bitstream, they can mount attacks on the IP. Various mechanisms have been proposed to protect IP from reverse engineering and theft. However, there are no examples of IP obfuscation in FPGA bitstreams that also intrinsically enable tamper detection and authentication at no additional hardware cost. In this letter, we propose a mutable architecture-based watermarking scheme called WATERMARCH, a novel technique of authenticated obfuscation utilizing a hash-based message authentication code (HMAC) to cryptographically mesh the obfuscation and watermark with the original design, with no additional overhead beyond the underlying obfuscation method. While collaboration between the IP owner and FPGA vendor is necessary to facilitate parsing of the bitstream, once the bitstream is parsable, the watermark can be extracted to prove authorship of the IP or confirm the presence of malicious IP modification, providing tremendous benefits to both IP owners and end users.