Intellectual Property Protection Research Articles

Training of Future Specialists in Law in Higher Education Institutions of the PRC for the Protection of Intellectual Property as a Problem of Pedagogical Theory and Practice

Training of Future Specialists in Law in Higher Education Institutions of the PRC for the Protection of Intellectual Property as a Problem of Pedagogical Theory and Practice

Can Digital Innovation Improve Green Total Factor Productivity: Evidence from Digital Patents of China

Amid intensifying global economic rivalries, China has pinpointed the digital economy and sustainable growth as key accelerators for societal and economic progress. Digital innovation (DI) plays a crucial role in propelling China’s economy towards sustainable growth, by serving as the technological backbone of the digital economy. This study explores how DI influences China’s GTFP through an analysis of panel data covering 30 provinces, municipalities, and autonomous regions from 2005 to 2021. The results indicate that DI greatly contributes to the enhancement of GTFP. DI can also indirectly promote GTFP by increasing the effectiveness of factor allocation efficiency including capital, labor, and technology. Heterogeneity analysis results indicate that the influence of DI on GTFP differs depending on the degree of intellectual property protection (IPP), the development of digital infrastructure construction (DIC), and the geographical location. A higher degree of IPP and developed DIC make areas better suited for the role of DI in advancing GTFP. Furthermore, in the central and eastern areas, the impact of the digital economy on the promotion of GTFP is particularly noticeable. This study offers reliable empirical evidence for the effect of DI on GTFP and contributes to China’s digital economy and sustainable development.

LEGAL CULTURE OF INTELLECTUAL PROPERTY RIGHTS PROTECTION OF TRADITIONAL MEDICINE BUSINESS PERFORMERS

Purpose: Research on Jamu (traditional herbal medicine and herbs) in the protection of Intellectual Property Rights (IPR) is important for several reasons: First, traditional knowledge in the form of herbal medicine and traditional medicine has economic value and needs to receive legal protection. Second, the local community's lack of understanding regarding intellectual property means they are not interested in taking economic benefits from traditional knowledge. Method: The theoretical framework used is legal culture theory, while the research method used is research methods socio-legal Results and Conclusion: The research conclusions obtained: First, the protection of intellectual property for traditional knowledge of herbal medicine as traditional medicine shows a strong legal culture concept. Second, the process of resolving disputes that occur between traditional herbal medicine business actors in Lamongan Regency shows a process of moving away from court mechanisms. Implications of research: Research on the legal culture of intellectual property rights protection of traditional medicine business performers has important implications in several aspects, including law, culture and business. The following are several implications that may arise from the research. one of them is Better Legal Protection.

The use of AI Chatbots in higher education: the problem of plagiarism

Background: The use of ChatGPT in the learning process is becoming a common practice. Researchers identify opportunities to improve the learning process using AI tools. At the same time, there are many unresolved problems and threats from the use of ChatGPT. These include unreliable information, false information, lack of references to primary sources, lack of intellectual property protection, and especially the problem of plagiarism in academic texts. Objectives: The purpose of the study is to summarise the results of published research on the benefits and threats of using ChatGPT in higher education and to analyse the experience of using AI to write academic assignments by university students in compliance with the requirements of academic integrity. Methods: A survey was conducted among Kyiv National Economic University named after Vadym Hetman (KNEU) students about their experience of using ChatGPT in performing academic tasks and the degree of satisfaction with this tool. Results: The survey involved 58 KNEU students. We have analysed how satisfied students are with using ChatGPT for different learning purposes. Students are most satisfied with using ChatGPT to quickly find information and translate texts. The majority of respondents said that ChatGPT does not always provide accurate and reliable information. Students also pointed to the problem of violating academic integrity when using ChatGPT to complete their assignments. Conclusions: The study shows the general advantages and disadvantages of using ChatGPT in higher education. Particular attention should be paid to the level of borrowing in academic texts prepared with the help of ChatGPT.

Better Ways to Protect Indigenous Knowledge and Cultures Through Intellectual Property

Indigenous knowledge can be understood as a network of knowledge, beliefs and traditions that can be preserved and have some commercial value over time. Along with the increasing visibility of indigenous cultures in the global marketplace, there are also significant challenges. These challenges are often related to the physical destruction and utilization of indigenous lands and knowledge. The historical context and uniqueness of indigenous cultures suggest that they require greater attention and special protection under the law. From the current provisions and judgments, some individual authors have been compensated while the rights of the broader indigenous community have not been adequately protected. From an international perspective, the focus of the work of international organizations has expanded to include indigenous peoples' land claims and cultural rights. In addition to various international organizations and related instruments, a number of countries and regions are working to protect the intellectual property rights of indigenous cultures. Australia is a country that is typically faced with the protection of indigenous intellectual property. For Australia, the effective protection of indigenous knowledge remains an issue that needs to be addressed and managed through the legal realm. The positioning of indigenous knowledge in the law is complex and incomplete. Australia has played an important role at the international level, but the actual response within Australia to the international level has been minimal. Australia should therefore recognize and respond to these developments in legislation as soon as possible.

Determining directions for improving the legal regulation of technology transfer forms

The object of this study is the existing regulatory approaches to determining the forms of technology transfer in the legal systems of economically developed countries of the world, international treaties, and agreements. During the research and generalization of existing concepts, it was established that they are not unified and differ significantly from each other. It has been proven that this does not meet the needs of technology transfer participants and significantly destabilizes the technology transfer process. The expediency of improving the existing normative concept of determining the forms of technology transfer by fixing their single list has been substantiated. Recommendations on the list of the main forms of technology transfer have been formed based on a systematic analysis of legal acts that determine the peculiarities of the essence of technology. A classification of the main forms of technology transfer was proposed. Four main forms of technology transfer were identified as the transfer of rights to technology during its creation, within the framework of joint cooperation, within the framework of cooperation based on corporate and/or proprietary commercial principles. The expediency of dividing each form of transfer into separate subtypes was also substantiated. The need to make changes to the provisions of such international treaties and agreements as the World Trade Organization Agreements, the Recommendations of the World Organization for the Protection of Intellectual Property, the Oslo Guidelines, the UNCTAD Recommendations, and the framework program "Horizon Europe" has been proven. The study is aimed at forming general theoretical foundations for improving the essence of regulatory techniques for identifying forms of technology transfer. The research results could be used in the formation of international normative acts, recommendations of international institutions, acts of national legislation, and serve as a basis for further scientific research into these issues

Impact of International Trade Agreements on Corporate Law

International Trade Agreements (ITAs) have a significant impact on corporate law. ITAs typically include provisions that affect a wide range of corporate law issues, such as reducing or eliminating tariffs and other trade barriers making it easier for corporations to export their goods and services to foreign markets, other provisions might protect foreign investment and promote investment flows between countries making it more attractive for corporations to invest in foreign markets. Some ITAs protect intellectual property rights, such as trademarks, copyrights, and patents that is important for corporations that rely on intellectual property to protect their products and services and ITAs also promote competition and prohibit anti-competitive practices which help ensuring that corporations compete fairly in the global marketplace. In addition, ITAs can also have a broader impact, for instance, ITAs can promote the adoption of common legal standards and practices, making it easier for corporations to do business in different countries. For Example, The North American Free Trade Agreement (NAFTA) includes provisions that made it easier for corporations to move goods and services between the United States, Canada, and Mexico leading to increased investment flows between these countries. The World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) has helped to strengthen the protection of intellectual property rights around the world which benefited corporations that rely on intellectual property to protect their products and services. The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) includes provisions that promote competition and prohibit anti-competitive practices in the Asia-Pacific region ensuring that corporations are competing fairly in the market. Overall, this Research Paper summarises how ITAs have a significant impact on corporate law and Corporations involved in international trade should be aware of the provisions of the relevant ITAs and how these provisions may affect their business.

Analyzing Appraisal Resources in the Judgment Discourse of Ulysses Copyright Infringement Case

In this economic society, intellectual property protection play an important role in maintaining the national economic order and promoting social development. The infringement of intellectual property will bring great harm to the public and national interests. This study aims to analyze the appraisal resources in the court judgment of Ulysses copyright infringement case, especially from the perspective of attitude and engagement system. By adopting a descriptive and exploratory approach, the study investigates how attitude and engagement resources serve the declaratory and justificatory functions of court judgments. It is found that appreciation and judgement in attitude system are widely used in this court judgment, while affect is seldom applied for it deals with people’s personal feelings. For engagement, disclaim and entertain resources are applied from time to time in processing the judge’s objective fact analysis. It also shows that the court can effectively arrive at judgments with justice when the court professionals have better knowledge and make proper use of the appraisal resources. It is hoped that this study can arouse the awareness of legal professionals to maintain their law-based role of justice in copyright cases by the proper application of appraisal resources in their distinctive language.

The Implications of the Spillover Effect Related to Green Co-Creation in a Supply Chain

Driven by environmental concerns, firms close to end-users are increasingly co-creating with customers for green product development within their supply chains. However, a challenge called “spillover” can hinder the incentive for green co-creation by these firms. This paper examines the spillover issue in a dual-channel structure, where downstream firms implement co-creation with customers for green product development. Our findings indicate that spillover from green investments can negatively impact the investing firm’s profits. However, in low-competition scenarios, spillover benefits the supplier and customers within the supply chain. Additionally, under specific circumstances, it can improve overall supply chain performance. Crucially, to safeguard the sustainability of green co-creation in supply chains and prevent detrimental co-destruction, we propose implementing revenue-sharing contracts that can generate Pareto improvements, benefiting all green supply chain members. As a result, unlike traditional intellectual property protection, which hinders spillover, this study offers an alternative strategy that is also somewhat complementary, promoting collaboration over restrictions to leverage the positive aspects of spillover.

Global Commerce and the Law: A Comparative Exploration of International Commercial and Intellectual Property Law

This article explores the intricate landscape of international commercial law through a comparative analysis, focusing on the theoretical foundations, dispute resolution mechanisms, and intellectual property rights across different legal jurisdictions. By examining the roles of comparative law, the tension between harmonization and legal pluralism, and the variances in contract law, this study sheds light on the challenges and opportunities presented in global commerce. Furthermore, it delves into arbitration, mediation, and the influence of legal culture on dispute resolution, alongside a detailed examination of copyright, trademark, and patent laws in a globalized economy. This comprehensive analysis aims to provide legal practitioners and businesses with insights into navigating the complexities of international commercial transactions and intellectual property protection, highlighting the importance of strategic legal planning and international cooperation.

Color image encryption algorithm based on novel dynamic DNA encoding and chaotic system* *This work was supported by the Open Fund of Advanced Cryptography and System Security Key Laboratory of Sichuan Province (Grant No. SKLACSS–202208), the Science and Technology Research Program of Chongqing Municipal Education Commission (Grant no. KJZD-M202000501), Sponsored by Natural Science Foundation of Chongqing (CSTB2023NSCQ-LZX0139) and National Natural Science Foundation of China (No.61772295).

To enhance the security of image data, prevent unauthorized access, tampering, and leakage, maintain personal privacy, protect intellectual property rights, and ensure the integrity of images during transmission and storage. This study introduces an innovative color image encryption scheme based on dynamic DNA encoding operations and chaotic systems. By simulating a quantum random walk, a random key is generated to enhance the security of the confidential system. In addition, we integrated the enhanced Josephus problem into DNA coding rules to create dynamic DNA coding rules. At the same time, we proposed a dynamic double-loop DNA XOR operation, which fully utilizes the random sequence generated by the generalized Hamiltonian chaos system to precisely control the loop direction, starting point, and number of operations. This enhances the complexity of the encryption algorithm. After sufficient experimental verification and in-depth research and analysis, our innovative design not only enhances the difficulty of cracking while ensuring image quality but also provides reliable protection for the security of image data.

Comprehensive intellectual property ability and firm productivity: A quasi-natural experiment based on national intellectual property demonstration advantage firm policy in China.

Intellectual property is crucial for the development of firms. At the micro level, firm comprehensive intellectual property ability involves abilities about intellectual property creation, utilization, protection, and management. In order to develop the comprehensive intellectual property ability of firms, the China National Intellectual Property Administration began to implement the national intellectual property demonstration advantage firm (NIPDAF) policy in 2013. Based on this exogenous policy shock, using data from listed companies from 2011 to 2020 as the research sample, the time-varying DID method is used to test the impact of the NIPDAF policy intended to cultivate comprehensive intellectual property ability on firm productivity. The results show that after policy implementation, the total factor productivity of NIPDAFs increased by about 3.3% compared to the control group. This finding is robust after a series of tests. Furthermore, the NIPDAF policy promotes firm productivity through stimulating technology innovation, improving investment efficiency, and enhancing competitive advantage. In addition, the NIPDAF policy has a more significant incentive effect on the total factor productivity of non-state-owned enterprises, firms in the eastern region, and firms in patent intensive industries.

Exploring the Relationship between Open Innovation and Innovation Performance in Big Data Environment: The Moderating Effects of Innovation Expropriability

In the era of big data, the industry environment is complex and volatile, and enterprises need to innovate their business models by creating innovative value networks and reconstructing transaction systems to avoid being eroded in the process of global economic transformation. The traditional closed innovation processes are no longer deemed suitable for advancing firm innovation. Instead, open innovation has become a pivotal strategic choice in the quest to foster innovative developments. This study builds upon the paradox of open innovation (OI) in the age of big data, and introduces the innovation expropriability theory. Utilizing survey data from high-tech industrial park firms in the Yangtze River Delta region of China, it empirically examines the influence of open innovation on firm innovation performance (FIP). Furthermore, it explores the independent and joint moderating effects of rival absorptive capacity (RAC) and appropriability regimes (ARs). The findings reveal that OI significantly improves FIP. The effect of OI on FIP is positively moderated by ARs, while the independent moderating effect of RAC is not significant. However, a joint moderating effect is observed between RAC and ARs. Further investigation reveals that the moderating role of RAC depends on the presence of ARs, indicating a matching relationship between RAC and ARs. This research holds significant implications for firms in implementing open innovation strategies and ensuring effective intellectual property protection to enhance innovation performance in the era of big data.

Rethinking copyright exceptions in the era of generative AI: Balancing innovation and intellectual property protection

Rethinking copyright exceptions in the era of generative AI: Balancing innovation and intellectual property protection

Economic and Legal Aspects of Intellectual Property Protection Abroad

In the context of the rapid development of technology, science and digitalization, the expansion of cross-border relations between states, the active entry of artificial intelligence into the daily life of society, human intellectual activity and the protection of the rights of the results of his creative work is the most pressing issue. For a long time, the legal regulation of relations arising from the use of intellectual property was considered exclusively the object of domestic legal relations, and did not go beyond its limits. National structures have tried in different ways to balance the interests of the owner of an intellectual property object and consumers seeking free access to these objects. Since the release of intellectual property beyond the borders of one state, problems have arisen of inconsistency in the legislative framework protecting the interests of the actor of the intellectual property object. In turn, this leads to the loss of new technologies and scientifi c developments by countries, and at the level of individuals to the loss of royalties. Taking into account the fact that intellectual property products permeate all spheres of the economy and national economy, we are forced to block the exchange of scientifi c research and technical developments at the international level in order to prevent theft of an intellectual product. In order to protect the rights of the owner of an object of creative work at the international level, and free, unhindered access to these objects by the entire world community, it is necessary to bring the legislative regulation of intellectual property rights beyond the supranational level, and regulate this law enforcement object by international organizations, applying the norms of international law. This scientifi c research is devoted to the study of the peculiarities of the protection of intellectual property rights abroad. The authors state that the legal regime of the state plays an important role, in the territory of which a number of powers of the owner of the object to protect their own rights are determined.

Can an Energy Transition Strategy Induce Urban Green Innovation? Evidence from a Quasi-Natural Experiment in China

Green innovation is a new driving force to promote green and low-carbon development. Whether an energy transition strategy can induce green innovation is an important question that has not been clearly answered. With the help of panel data from 281 cities in China during 2007–2021, this study considers China’s new energy exemplary city policy as a quasi-natural experiment and conducts a difference-in-differences model to explore the effects and mechanisms of energy transition strategy on urban green innovation. The results show that a new energy exemplary city effectively induces urban green innovation, with mediating mechanisms of increasing government financial support, promoting human capital agglomeration, and improving energy efficiency. The moderating mechanisms test reveals that environmental regulation and intellectual property protection play a positive moderating role in the promotion of green innovation through the new energy exemplary city policy. Heterogeneity analysis suggests that the new energy exemplary city policy has a stronger effect on promoting green innovation in eastern regions and non-resource-based cities. Our findings not only enrich our understanding of the relationship between energy transition strategy and green innovation but also provide a reference for policymakers to promote energy transition and green innovation.

Toward FPGA Intellectual Property (IP) Encryption from Netlist to Bitstream

Current IP encryption methods offered by FPGA vendors use an approach where the IP is decrypted during the CAD flow, and remains unencrypted in the bitstream. Given the ease of accessing modern bitstream-to-netlist tools, encrypted IP is vulnerable to inspection and theft from the IP user. While the entire bitstream can be encrypted, this is done by the user, and is not a mechanism to protect confidentiality of 3rd party IP. In this work we present a design methodology, along with a proof-of-concept tool, that demonstrates how IP can remain partially encrypted through the CAD flow and into the bitstream. We show how this approach can support multiple encryption keys from different vendors, and can be deployed using existing CAD tools and FPGA families. Our results document the benefits and costs of using such an approach to provide much greater protection for 3rd party IP.

Intellectual property protection and M&A performance

This investigation delves into the connection between the safeguarding of intellectual property and the outcomes of corporate mergers and acquisitions (M&As) and the mechanisms underlying this relationship. The research uses yearly data from 2009 to 2022, encompassing A-share listed companies in Shanghai and Shenzhen, and empirically examines how intellectual property protection influences corporate M&A performance. Furthermore, it delves into the intermediary functions of accessing financial, information, and policy resources within this context. The findings reveal that bolstering intellectual property rights (IPR) protection notably enhances M&A performance. This enhancement is particularly pronounced in state-owned enterprises and those with a stronger resource foundation. Additionally, IPR protection indirectly augments M&A performance by facilitating improved access to financial, information, and policy resources for firms. These discoveries offer valuable insights for policymakers and corporate practitioners, aiding in a deeper comprehension of the pivotal role that IPR protection plays in the realm of mergers and acquisitions.

The Disclosure Requirements of Software Patents: Suggestions for Developing Countries

This is a research study of available options of Intellectual Property (IP) protections for software in the present IP systems, in most of the countries including copyright and patent protection. Each type of IP protection has its own advantages and limitations like enablement of subject matter for registration requirements, scope of rights conferred and period of protection etc. The trends and demands of software industry for the grant of patents protection for Computer Implemented Inventions (CIIs) were also discussed. The present research paper discusses a best mode of technical disclosure, more than an algorithm, of software patents and additional recommendations are also given as a solution to the technical problem of a suitable IP protection for software. A sui generis IP protection was suggested as a best option for a composite IP protection covering all aspects of advanced software inventions.

Balancing between dynamics and stability for innovation alliance synergy based on evolutionary game model

Purpose Research on strategic alliances is concerned with two issues: continuation and reconfiguration. Building on prior research that examines the two issues separately, the paper studies them simultaneously. This paper aims to investigate how strategic alliances may exert the synergetic effect between dynamics and stability as well as to discuss the dynamic evolution process and influence factors of strategic alliances. Design/methodology/approach This paper describes the construction of a two-party evolutionary game model of alliance and partners. The model is used to analyze the evolution process of synergetic mechanism to determine when to terminate and when to continue with a partnership. Further, numerical simulation is used to quantify the results and to gain insight into the effects of various factors on the dynamic evolution of the synergetic mechanism. Findings This paper reveals several synergetic states of dynamics and stability in the alliances. The results show that synergy states are positively affected by the collaborative innovation benefits, alliance management capability, the intensity of intellectual property protection, liquidated damages and reputation losses, and negatively affected by the absorptive capacity of partners. Practical implications The study helps the alliance to achieve long-term development as well as to balance the paradoxical relationship. The results suggest that managers of strategic alliances should focus on building strong and long-term relationships in order to achieve high performance innovations. Managers should also pay close attention to their partners’ behaviors in previous alliances. Originality/value This paper provides new insights into the paradoxical relationship in alliance by revealing the evolution of synergetic mechanism between dynamics and stability. The results remind alliances to understand the relationship between dynamics and stability and to notice the influence factors of synergistic effects when they are making decisions.