Intellectual Property Regime Research Articles

Seeds and farmers' rights as drivers of change on food systems

In the heart of Kenya's vibrant agricultural landscape lies a fundamental aspect crucial for food security, cultural heritage, and economic resilience: the right to seed. Embedded within the fabric of traditional farming practices, the right to seed encompasses the freedom of farmers to save, exchange, and utilize traditional and farmer-bred seeds. In Kenya, as in many other countries, this right is not only a legal concept but a cornerstone of agricultural sovereignty. However, its preservation faces challenges in the face of globalization, corporate interests, and evolving intellectual property regimes. Yet, amidst these challenges, significant strides are being made, with collaborative efforts at the global level, particularly through initiatives led by the Convention on Biological Diversity (CBD) and the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA), aimed at promoting and protecting farmers' rights. Every smallholder farmer has the right to safe, nutritious and healthy food and the ability to sustain themselves and their societies with the existing endorsed resources. The concept of farmers’ rights came out as a subject of debate in international agricultural circles, spearheaded by the Food and Agriculture Organisation of the United Nations (FAO). This includes the right to save, use, exchange and sell farm-saved seed and propagating materials, the right to protect traditional knowledge among others. In developing countries, the right to seed is a fundamental aspect of agricultural sovereignty and food security. This still emulates the subject debate from FAO. However, attention in scientific literature and policy circles for both seeds and farmers’ rights are compromised. This paper employs mediation analysis to explore the causal relationship between seed rights, farmers' rights, and food sovereignty, highlighting the pivotal role of smallholder farmers in shaping sustainable food systems. The findings underscore the importance of inclusive policies that prioritize farmers' rights and empower local communities to sustainably manage their seed resources. Key words: Farmer-managed seeds, seed banks, Access, smallholder farmers and benefit-sharing

Evolving intellectual property landscape for AI-driven innovations in the biomedical sector: opportunities in stable IP regime for shared success.

Artificial Intelligence (AI) has revolutionized the biomedical sector in advanced diagnosis, treatment, and personalized medicine. While these AI-driven innovations promise vast benefits for patients and service providers, they also raise complex intellectual property (IP) challenges due to the inherent nature of AI technology. In this review, we discussed the multifaceted impact of AI on IP within the biomedical sector, exploring implications in areas like drug research and discovery, personalized medicine, and medical diagnostics. We dissect critical issues surrounding AI inventorship, patent and copyright protection for AI-generated works, data ownership, and licensing. To provide context, we analyzed the current IP legislative landscape in the United States, EU, China, and India, highlighting convergences, divergences, and precedent-setting cases relevant to the biomedical sector. Recognizing the need for harmonization, we reviewed current developments and discussed a way forward. We advocate for a collaborative approach, convening policymakers, clinicians, researchers, industry players, legal professionals, and patient advocates to navigate this dynamic landscape. It will create a stable IP regime and unlock the full potential of AI for enhanced healthcare delivery and improved patient outcomes.

A Critical Look at Digital Media, the Intellectual Property Regime and Free Open Source Software

This article examines how the intellectual property regime works in digital media and how free open source software is pushing the boundaries of the regime on the digital realm. The main purpose of this article is to highlight the differences that models of knowledge production can make in the process of building a participatory society. This article uses Michael Gibbons' Mode 1 and Mode 2 theories as a method. In the light of this theory, power relations in the production and distribution of knowledge are discussed. The Mode 2 model points to a commons-based model of knowledge production that has a democratic potential. The intellectual property regime is struggling to control the flow of information on the internet. It is quite difficult for the intellectual property rights regime to control the circulation of knowledge on the Internet, as digital media play a key role in the free flow of knowledge. Free open source software is an effective model for those who support the free flow of information in the digital space.

Influence of Intellectual Property Laws on Innovation in the Technology Sector in South Korea

Purpose: The aim of the study was to analyze influence of intellectual property laws on innovation in the technology Sector in South Korea Methodology: This study adopted a desk methodology. A desk study research design is commonly known as secondary data collection. This is basically collecting data from existing resources preferably because of its low cost advantage as compared to a field research. Our current study looked into already published studies and reports as the data was easily accessed through online journals and libraries. Findings: Intellectual Property Laws have played a crucial role in fostering innovation within South Korea's technology sector. The strategic implementation of patent rights and utility models has been instrumental in the country's rapid technological advancement since the mid-1980s. This legal framework has not only protected but also incentivized the creation of new technologies, propelling South Korea to become a global leader in innovation. Unique Contribution to Theory, Practice and Policy: Schumpeterian innovation theory, resource-based view (RBV) of the firm & institutional theory may be used to anchor future studies on intellectual property laws on innovation in the technology Sector. Technology firms should adopt proactive strategies to navigate the intellectual property landscape effectively and leverage legal frameworks to foster innovation. Policymakers should prioritize the development of robust intellectual property regimes that balance incentives for innovation with the promotion of competition and access to knowledge.

Assessment on the status, challenges and prospects of agricultural technologies intellectual property protection in Ethiopia

Intellectual property right (IPR) is a broad term which describes the protections granted to the creators of IP, and includes; trademarks, copy right, patents, industrial designs, plant breeder’s traderight and in some jurisdictions secrets. The objective of this review is to show the status, challenges, and opportunities for agricultural technologies intellectual protection in the Ethiopian intellectual property regime. There are many agricultural technologies that have the potential to be protected by intellectual property. The results of this review article shows that there are several challenges for the protection of agricultural technologies IPR, including lack of awareness on the concept of IP, lack of clear policy direction for the protection of plant varieties, absence of IP assets creation mechanism, low level of institutional linkage among stakeholders, agricultural IPRs are complex in nature, poor organizational structure to register, and lack of experienced and well-qualified IP officials. But there are also prospects for agricultural technologies IPR protection. Some legal frameworks are in the process of revision, an independent authority for the agriculture sector has established, the Ministry of Agriculture has prepared the draft regulation for PBRs proclamation, amendment of the agricultural and rural development policy has in the process, and the country’s WTO accession process shows some improvement. In conclusion, the status of IP protection for agricultural technologies has not been well-developed and the registration of agricultural technologies is still null.

Intellectual Property Theories as Applied to Big Data

Emerging data-driven technologies and exponential information growth are catalyzing new conceptualizations of data governance. This article undertakes comparative analysis of intellectual property regimes and rights theories as applied to big data. It evaluates tensions between public good knowledge sharing and private interests in data control. Doctrinal, ethical, economic and policy perspectives inform examination of varied models including IP analogues, effort-based rights, unfair competition, metadata protections, technological controls and context-specific data rights. The study assesses merits and critiques of existing and proposed regulatory approaches across jurisdictions. It concludes by proposing balanced frameworks recognizing collective oversight, differentiated data protections and public interest mandates as pathways to stimulate socially beneficial data innovation.

Unwinding NFTs in the shadow of IP law

AbstractAmid the surge of intellectual property (IP) disputes surrounding non‐fungible tokens (NFTs), some scholars have advocated for the application of personal property or sales law to regulate NFT minting and transactions, contending that IP laws unduly hinder the development of the NFT market. This Article counters these proposals and argues that the existing IP system stands as the most suitable regulatory framework for governing the evolving NFT market. Compared to personal property or sales law, IP laws can more effectively address challenges such as tragedies of the commons and anticommons in the NFT market. NFT communities have also developed their own norms and licensing agreements upon existing IP laws to regulate shared resources. Moreover, the IP regimes, with both static and dynamic institutional designs, can effectively balance various policy concerns, such as innovation, fair competition, and consumer protection, which alternative proposals struggle to provide.

What IP owes to antitrust – and which IP paradigm is required to foster innovation and creativity in the digital era

The Essential Facilities (EF) doctrine meant that the ‘interference’ of antitrust principles on intellectual property regimes progressively made room for third parties to access IPR-protected intangibles, inventions, and software products in particular. A substantial step indeed against the ‘monopolization’ of top-notch, ‘non-substitutable’ innovation. But the objective limits of the applicability of said doctrine appear nowadays too strict vis-à-vis the necessities of the technical mode of production of digital innovation, AI first and foremost. A proposal for a new IP paradigm is submitted – one that could reconcile said necessities with the legitimate interests to an adequate compensation of authors of (utilitarian or ‘intellectual’) digital works.

Challenges in Protecting Architecture of Traditional Houses in Indonesia

This paper aims to analyze the regulations related to protecting the architecture of the traditional house in Indonesia and the challenges in related regulations. To achieve these goals, the research uses a normative legal writing method with descriptive-analytical specifications. Firstly, the findings reveal that traditional houses are part of traditional cultural expressions (TCE). Indonesia protects architectural works and TCE in the same intellectual property regime, namely copyright. Therefore, this paper examines the protection of traditional house architecture from the perspective of Copyright law, the Law on the Advancement of Culture, and the TCE Bill. The abovementioned regulations state that the architecture is a protected object unless the TCE Bill is. Second, there are some challenges, such as 1) the priority of the TCE Bill after the change of president; 2) song and music get more benefit from copyright protection rather than the other objects in the copyright regime and no implementing regulation on architecture; and 3) the TCE data collection/inventory is still not optimal yet. Therefore, Indonesia needs to think more seriously about adequate and applicable legal protection for traditional house architecture and other TCEs. The central government should encourage regional governments and related parties to continue data collection and registration of various TCEs in each region to increase the number of registered TCEs. The central government should provide a target number of registered TCEs for the local government. If the target is met, the central government will give a reward so that the local government and related parties will be more enthusiastic about collecting data and registering the TCE with DJKI.
 Keywords: architecture, traditional house, legal protection, Indonesia

Intellectual Property Regimes in Central Asia: Assessing Innovation Performance, International Agreements, And WTO Participation

This article presents a comprehensive examination of the intricate relationship between intellectual property (IP) and trade in the context of Central Asia, a region characterized by burgeoning economic development and the pursuit of international trade integration. The study has two overarching sections: the first examines the intellectual property landscape, while the second elaborates the region's participation in the World Trade Organization (WTO). IP segment commences with an evaluation of Central Asian countries' innovation performance, drawing insights from the Global Innovation Index 2023. It proceeds to dissect the patterns of ratification of international IP agreements in the region. Subsequently, it delves into the implications of intellectual property activities, offering a comparative analysis of the experiences of Kazakhstan. Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan in 2021. Shifting focus to the WTO section, the study examines the role of the WTO in Central Asia's trade and IP landscape. It provides an overview and analysis of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and its influence on IP protection. Finally, it explores the challenges and advancements in IP protection, laying bare the contrast between Kazakhstan. Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan. This article yields a multifaceted understanding of the intricate interplay between IP and trade within the Central Asian region. It unravels critical insights, emphasizing the evolving significance of IP in the landscape of international trade and offering a robust foundation for further exploration and policy deliberations in this dynamic domain.

FOSTERING INTELLECTUAL PROPERTY AWARENESS IN ACADEMIC ENTREPRENEURSHIP

The importance of Intellectual Property (IP) in academic entrepreneurship, emphasises a need for specialised knowledge of IP law in university Technology Transfer Offices (TTOs), and general awareness of IP rules amongst university researchers, research assistants, and other university personnel. This helps not only in preventing the inadvertent loss of valuable IP, but also the infringement of IP owned by other parties, which could result in costly law suits. Equally, knowledge of IP law is indispensable to the effective negotiation of licences, and the drafting of contracts that cater for the interests of both universities and industry. The objective of this article is, accordingly, to provide academic entrepreneurs with insights into IP regimes. This should help them in identifying valuable IP, and in ensuring that protection is not compromised. It will also help in determining the modes of protection suitable for particular forms of IP, how to manage acquired rights, and tackle infringements. In the following sections, we discuss these issues from the perspectives of several jurisdictions. Traversing our discussion is an examination of university IP policies, and relevant case law, which should enhance understanding. The last segment of the article concludes and reiterates the importance of IP awareness in academic entrepreneurship. Therefore, this article aims at fostering awareness of IP regimes amongst academic entrepreneurs.

A Comprehensive Review on the Impacts of Intellectual Property Rights on the Global Agricultural Economy

The agricultural sector is no stranger to the importance of intellectual property, as it serves as a catalyst for innovation, facilitates the transfer of technology, and safeguards the rights of creators and inventors. By examining the effects of IPRs on various dimensions, this paper seeks to shed light on the far-reaching implications for the agricultural industry worldwide. First and foremost, the review explores the intricate relationship between IPRs and agricultural research and development. IPRs are known to provide essential incentives for scientists and researchers to engage in ground-breaking agri-scientific endeavors, leading to advancements in productivity, sustainability, and food security. By offering legal protection and rewards for their innovations, IPRs encourage investment in agricultural R&D, driving progress in crop improvement, genetics, and biotechnology. Furthermore, the review delves into the impact of IPRs on farmers' access to seeds and genetic resources. While strong intellectual property regimes ensure fair compensation for breeders and innovators, concerns arise regarding the potentially limited access to seeds, especially for small-scale farmers in developing countries. Balancing the rights of breeders and the needs of farmers becomes a crucial aspect of agricultural policy formulation, aiming for a sustainable and inclusive agricultural system. Additionally, the review scrutinizes how IPRs affect the overall competitiveness of the agricultural market. IPRs enable agricultural enterprises to gain a competitive advantage through exclusive rights over their unique plant varieties, processes, or technologies. However, the high costs associated with intellectual property protection may pose barriers for smaller farmers and agricultural communities, exacerbating inequalities within the sector. While intellectual property rights undoubtedly play a vital role in fostering agricultural innovation and protection, the review also sheds light on the challenges and controversies associated with IPRs. The potential negative impacts on small-scale farmers, the concerns surrounding access to genetic resources, and the implications for biodiversity conservation all warrant careful consideration in the formulation of IPR policies. Through a comprehensive analysis of scholarly articles, reports, and case studies, this review provides valuable insights for policymakers, stakeholders, and researchers concerned with the multifaceted impacts of intellectual property rights on the global agricultural economy. By understanding these complexities, it becomes possible to strike a balance that maximizes the benefits of IPRs while ensuring equitable and sustainable agricultural development.

From defending the “opposite of property” to the fundamental right to property, the case for the application of human rights law and philosophy to the international intellectual property regime.

International intellectual property law has extended so far in scope, both substantially and geographically, that it plays a role in aggravating poverty, creating crises in access to medicine and in the exploitation of indigenous peoples’ resources, to cite a few of its impacts. This expansion of intellectual property law has been extensively criticised, most famously by “cultural environmentalists”, who compare the public domain to a natural resource which is being depleted by intellectual property rights. While this criticism aptly brings into question the international intellectual property regime, the binary it relies on, between the public domain and intellectual property, does little to address the nefarious human impacts of the regime. Instead, bringing intellectual property law within the ambit of international human rights law allows for a more comprehensive evaluation of ethical concerns and human consequences, bringing nuance that the cultural environmentalists’ public domain rhetoric lacks.

Soviet Legacy of Vietnam's Intellectual Property Law: Big Brother is (No Longer) Watching You

AbstractHow did intellectual property (IP), a private right born out of European Enlightenment ideals, take root in Vietnam's socialist legal framework, and what influence does Vietnam's Soviet legacy still have on its IP law? The clandestine triumph of IP rights in Vietnam is remarkable, given the system's former propensity for collective ownership and limited private property rights. Vietnam's approach to IP rights has changed with economic liberalisation: while external pressure prompted the initial adoption of IP laws, national interest and global reputation enhancement are now driving the effort. At the height of communism in the 1980s and under Soviet domination, IP laws reflected socialist ideology and the characteristics of a command economy. Amid Vietnam's quest for technological advancement, the importance of patents has grown. However, public perceptions of the unreliability of the legal system to resolve IP disputes persist, pushing civil disputes towards the government rather than the judiciary. As Vietnam opened economically, its IP regime moved away from overt communism, but communist values are still implicitly incorporated in general principles. Today, adherence to free trade agreements, which require robust IP protection, is driving the modernisation of Vietnam's IP infrastructure.

A Global Future Issues in Impact on Artificial Intelligence on Intellectual Property Law

Artificial intelligence (AI) has evolved in the shape of innovation and creation of mind. It is supposed to develop the creation in the daily life in future. Newly created AI technologies has a new experience for making opportunity in arts, creativity, industrial field, and for newly invented invention. There are social economic and ethical implementation that are need to addressed and need policy to adjust accordingly. Likewise, WIPO has a public consultation measure to encourage technological invention. Intellectual property always has a relationship between the technology and their policies to adapt pace with technology and cultural changes. AI has a potential power to develop the IP, issues against the basic question of inventor, author, and owner for the infringement. We came to know that the technological development of AI has attention to the policy makers in order to ensure the development of the Intellectual property regimes, and to the greater extent to mitigate harmful social, economic and ethical implication.

다국적 기업의 지식재산과 해외직접투자에 관한 분석 : 피 투자국 지식 재산권 보호 제도의 조절효과를 중심으로

다국적 기업의 지식재산과 해외직접투자에 관한 분석 : 피 투자국 지식 재산권 보호 제도의 조절효과를 중심으로

Governing the knowledge commons: Hybrid relational–contractual governance in china’s mining industry

How do industry participants govern knowledge commons and deal with knowledge production and sharing? Beyond privatized intellectual resources safeguarded by the intellectual property system (e.g., patent and copyrights), a knowledge commons is an alternative type of intellectual property regime that has become increasingly prevalent but remains understudied. Substantiated by fieldwork data in three mining sites in China’s Jiangxi province, this article examines the ways in which contractual and relational governance mechanisms work together to facilitate collaboration and innovation and mitigate ambiguity and volatility. This study contributes to the existing literature on knowledge commons and innovation governance and enhances the empirical understanding of innovation in emerging economies where formal protection of intellectual property is insufficient.

Legal Protection of Intellectual Property of Insolvent Debtors in Bankruptcy Perspective


 
 
 
 Intellectual Property can be certain patents, copyright, trademarks, industrial designs, trade secrets, and other rights that are part of the origin of the intellectual property regime. These certain intellectual property rights may be the primary asset that the debtor possesses or at least something of value. In addition, the Law No. 37 of 2004 on Insolvency and the PKPU does not specify in detail whether the property of the property is property of a thing or the right of an entity, because the law only regulates the property that is excluded or the property which is not able to be paid. The curator who wants to administer and manage the property of the bankrupt does not exist like the right has always had difficulties in evaluating the property.
 
 
 

Intellectual property exhaustion, breeder frustration, and hindered innovation: Reviewing U.S. organic corn seed development

Private-sector dominance of plant breeding consti­tutes the present norm of organic seed genetics research, which has generated concerns in the organic farming community in this era of robust intellectual property protections. Intellectual prop­erty restrictions primarily in the form of certifi­cates, patents, and contractual arrangements are blamed for stifling the innovation of organic seed varieties. To better understand the challenges small-scale and university-based breeders and researchers face in organic corn seed genetic devel­opment, this article provides an overview of intel­lectual property structures surrounding seed inno­vation and sharing. After describing the legal landscape in which organic corn seed research and development occurs, the article details research efforts exploring the veracity of claims that con­tractual arrangements (in the form of seed-sharing agreements between breeders and universities) sti­fle the innovation of organic varieties. In doing so, the article describes the search methodology uti­lized and highlights a critical barrier to research: the closely guarded nature of private contracts that parties are reluctant to reveal. While we were able to identify several data points that highlighted the importance of seed-sharing agreements as a part of the intellectual property regime controlling organ­ics research and breeding, we were unable to obtain contracts or identify disputes over contractual lan­guage to further analyze. Such contractual language only becomes available upon consent and release by individual parties to the contract or by litigation that exposes the contractual language, both of which we attempted to explore and utilize. The article concludes with a discussion of why contrac­tual arrangements in the context of organic corn seed development are an informative piece of the intellectual property puzzle worth exploring, as well as future points of research necessary to yield data substantiating the concerns of stakeholders in the organic seed industry.

Japanese Dramas and the Streaming Success Story That Wasn’t: How Industry Practices and IP Shape Japan’s Access to Global Streaming

I examine the relative absence of Japanese dramas in the global streaming landscape. Contrasting this to their 1990s and 2000s boom in East Asia, I argue that structural rather than cultural factors play a central role in this development. At present, a split exists between the domestic market for Japanese dramas and the transnational one, where only a few, largely off-mainstream dramas find traction. Through a discussion of streaming’s prehistory and present in Japan, I contend that the split stems, in part, from three issues: television networks’ continued dominance, industry practices that favor advertising-based revenue models, and the adoption and impact of international intellectual property regimes on Japan’s media industry in general. I argue that these issues and the split that they inform stand to have significant consequences for Japanese dramas, as well as other media genres, in the emergent era of streaming. Although Japan’s media industry has largely been able to navigate the incursion of US-based streamers into its domestic market and maintain control there, it has become increasingly reliant on mostly US-based platforms to distribute its content abroad.