Intellectual Property Regulations Research Articles

Was Hannah Twynnoy Killed by a Tiger in England in 1703? A Historical Sociological Approach

AbstractThis paper approaches globalization through the lens of folk lore, myth, and John Law's hopeful monsters, focusing on Hannah Twynnoy, a woman allegedly killed by a tiger in Malmesbury (England) in 1703. Hannah's death was taken up three hundred years later as a metaphor for globalization when local factory jobs were relocated to a ‘tiger economy’ (Malaysia). Taken to manifest Thomas Hobbes of Malmesbury's ‘state of nature’, Hannah's story also illustrates the reverse. Globalization can fragment and deregulate, but globalization assembles and regulates to. Hannah's gravestone and burial records blend real and virtual, local, and global; the genealogy of ‘tigers’ challenges Michel Foucault; and questions regarding blame echo across centuries, in ongoing conflict over agency and causation (as per Edmund Evans). Is globalisation a ‘jungle out there’? No. Local factory jobs did go. Nevertheless, sustaining global intellectual property regulation means the company employs more people in Malmesbury today than before manufacturing relocated. After it was announced that local jobs would be ‘eaten up’ by a ‘tiger economy’, a spate of alien big cat (ABC) sightings near Malmesbury did express what Susan Lepselter calls the inchoate injuries of class and power. Indeed, experiencing such fabulous things did resonate with something real.

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.

Current Problems of International Legal Copyright Protection

The article examines the level of international copyright protection from the perspective of such aspects as the urgent nature of copyright protection and the possibility of applying the institution of compulsory license. To this end, the norms aimed at protecting copyright holders in the Russian Federation, the CIS, the European Union and other foreign countries, in particular, in the USA, are analyzed. The most important international conventions in the field of copyright and related rights protection are reflected. The legal basis of the activity of courts in cross-border copyright relations is shown. The actual problems of private international law on the improvement of substantive and conflictof- laws legal regulation in this area are identified. The analysis suggests that the establishment of common criteria for calculating the term of copyright protection in a single unified act is due to the need to combine private and public interests in using the results of intellectual activity and their exceptional importance for the globalization of the world economic and cultural space. Arguments about the possible introduction of compulsory licenses for copyrighted products of foreign companies, by analogy with those already provided for in Article 1362 of the Civil Code of the Russian Federation for objects of patent law, lead the authors to the conclusion that the mechanism of compulsory license should not take a permanent place in the regulation of intellectual property, since it will not significantly help in reducing economic risks and losses.

Fighting for IP Equity: A Zoom on the Forthcoming Who Pandemic Agreement

Faced with the impact of COVID-19, WHO Member States agreed to draft and negotiate an agreement on pandemic prevention, preparedness and response. A proposal for negotiating text of this WHO Pandemic Agreement was prepared by the Intergovernmental Negotiating Body’s Bureau and shared with its Drafting Group in October 2023 for its consideration. This process should lead to the adoption of a legally binding accord. This article considers the usefulness of this international instrument for pandemic prevention, preparedness and response in relation to intellectual property (IP) to ultimately recognise such usefulness but to argue that the negotiating text could be more ambitious. It focuses on the Agreement potential to mitigate the impact of IP regulations that favour developed countries and their pharmaceutical industries. The article first highlights how the international IP system, through the Agreement on Trade-Related Aspects of Intellectual Property Rights, disempowered developing countries in their battle against COVID-19. It then focuses on provisions relating to IP law found in the negotiating text to explore and question its potential to contribute to IP equity for developing countries for future pandemics. Finally, the article proposes recommendations to strengthen the impact of a WHO Pandemic Agreement in the fight for IP equity.

Activities of Intellectual Property Propaganda in the Vocational Education System

Currently, intellectual property violations are serious and tend to increase, especially in the education system, including the vocational education system. Lack of understanding of intellectual property regulations has unintentionally led to many cases of violation without even knowing it. This is necessary to improve people’s understanding of intellectual property and have appropriate behavior. This shows that appropriate propaganda activities are needed to improve this situation. Based on reference to State documents on intellectual property; surveying 300 people who are students, teachers, staff, and administrators at several vocational education institutions, the purpose of this study is to evaluate the current situation, point out the position, role, and importance the importance of intellectual property propaganda activities in the vocational education system, pointing out the causes of limitations and inadequacies; from there, propose solutions to improve the quality of intellectual property propaganda activities in the vocational education system in the future.

Just-In-Time Education of FDA Regulation and Protection of Intellectual Property for Medical Products: A Course Review After Our First 10 Years

Just-In-Time Education of FDA Regulation and Protection of Intellectual Property for Medical Products: A Course Review After Our First 10 Years

Protection and Regulation of Intellectual Property Rights in Multinational Enterprises

With the rapid development of economic globalization, the internationalization of intellectual property system has gradually come into the view of the public and multinational enterprises. Discussing the issue of intellectual property rights, many international organizations and countries themselves have relevant legal systems. They have also clarified the application of law in solving disputes. On the basis of the legal system of intellectual property established by various international organizations and the judicial practice of typical cases, this paper illustrates the legal application, protection and regulation of intellectual property. In fact, the whole international community has formed a relatively complete legal system, and there are universal solutions for dispute settlement and regulation. As far as China is concerned, on the basis of using the international community and the legal system of other countries for reference, it is necessary to further improve the legislation in the field of intellectual property rights, especially in the emerging fields with legal gaps.

The Urgency of Implementing Intellectual Property Regulations in the Protection of Traditional Knowledge in Indonesia

For the people of Indonesia, traditional knowledge is the most important knowledge that aims to preserve assets or wealth that is rarely owned by countries other than Indonesia. Traditional knowledge acquires the interaction between nature and the environment that belongs to every society. This study has secondary data consisting of three materials, including 1) secondary legal material, and 2) primary legal material. The material of the secondary law is in the form of articles or news about the protection of traditional knowledge, both from international and national. Then, the material of the premier law is based on Government Regulation Number 56 of 2022 concerning Communal Intellectual Property. Then, qualitatively the data was analyzed by comparing the regulations that became references with the protection of traditional knowledge. A country has cultural heritage that must be protected in order to avoid extinction, where in providing protection the state plays an active role, especially in the Indonesian state. Indonesia as a state of law applies the urgency of regulations related to the protection of traditional knowledge.

PERLINDUNGAN HUKUM TERHADAP HAK KEKAYAAN INTELEKTUAL KOMUNAL DI SULAWESI UTARA

This research aims to determine and analyze the substance of the regulation of communal intellectual property rights in Indonesia and to determine and analyze the role of Regional Government in providing legal protection for communal intellectual property rights in North Sulawesi. The method used in this research is a normative legal research method which uses a statutory approach to examine the regulation of communal intellectual property rights and an empirical method to determine the role of Regional Government in providing protection for Communal Intellectual Property Rights in North Sulawesi. Data analysis uses the content analysis method for primary and secondary legal materials, while data obtained through interviews uses qualitative data analysis. The results of the research show that the regulation of Communal Intellectual Property includes several regulations, namely Law of the Republic of Indonesia Number 11 of 2013 concerning Ratification of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Haring of Benefits Arising from Their Utilization to the Convention on Biological Diversity, Law- Law of the Republic of Indonesia Number 28 of 2014 concerning Copyright, Law of the Republic of Indonesia Number 20 of 2016 concerning Marks and Geographical Indications. The role of the regional government of North Sulawesi Province and Regency/City in providing protection for Communal IPR by carrying out registration which includes Traditional Cultural Expressions and Traditional Knowledge, while Indications of Origin and Geographical Indications as well as Genetic Resources have not yet been registered. This research concludes the Legal Regulation of Communal Intellectual Property It has not been regulated in a specific regulation but is still spread across several laws and regulations, while the role of Regional Government shows that not all are actively paying attention to protecting Communal IPR, which is measured by the number of Communal IPR registered and those currently in the registration process.

The Implication of Generative Artificial Intelligence towards Intellectual Property Rights (Examining the Multifaceted Implications of Generative Artificial Intelligence on Intellectual Property Rights)

Generative Artificial Intelligence (Generative AI) is transforming content creation, enabling faster and cheaper production of text, images, and more. However, it raises complex issues regarding intellectual property rights and ownership. This article explores the evolving landscape of AI-generated content, focusing on its alignment with existing intellectual property regulations. It delves into legal disputes exemplified by cases like Getty Images, INC. v. Stability AI, INC, and Doe v. Github, INC, which highlight the challenges of AI-generated content regarding intellectual property. The article also discusses the impact on the creative sector and offers recommendations, including the need for ethical guidelines, education, hybrid collaboration, public involvement, and international cooperation. Addressing these challenges is crucial to harmonize intellectual property rights and maximize the benefits of AI in content creation.

PERLINDUNGAN KEKAYAAN INTELEKTUAL KOMUNAL PASCA TERBITNYA PERATURAN PEMERINTAH NOMOR 56 TAHUN 2022 TENTANG KEKAYAAN INTELEKTUAL KOMUNAL

The protection of communal intellectual property currently has specific regulation through Government Regulation Number 56 Year 2022 on Communal Intellectual Property. Prior to this regulation, protection of communal intellectual property was only regulated through regulation of other intellectual property. In this regulation there are new concept of communal intellectual property protection such as the concept of inclusive moral right which and integration of communal intellectual property which is to protect communal intellectual property with defensif model. The concept of communal intellectual property protection are developing invarious countries, especially countries in Latin America and Africa

Contents of the concept of intellectual property in the constitutional section: the experience of foreign countries

The article examines modern trends in the constitutional and legal protection of intellectual property with the help of a comparative analysis of the development of the legal institution of intellectual property. It is concluded that the need to ensure the rights of citizens, national security, and the creation of an innovative economy determine the directions of world constitutional development, one of which is the constitutionalization of the legal institute of intellectual property. There are two main methods of constitutionalization: legislative and interpretive.
 The subjective constitutional right to intellectual property performs a special "social function", which consists in ensuring an optimal balance between private and public interests.
 Constitutionalization is a global trend in the modern development of states and is expressed in the universalization and intensification of the influence of constitutional values on the institutions of different legal systems, which significantly contributes to their convergence. The conclusion that intellectual property is part of the basic constitutional principles of many foreign states. Therefore, among the foundations of the constitutional system, a new principle related to the development of intellectual property relations should be highlighted, including their stimulation, encouragement, guarantee and support in order to achieve economic and social progress of society aimed at building an innovative (based on the knowledge economy) state.
 Objectively existing differences between states in the tasks of constitutional regulation, the level of development of intellectual property relations and the degree of their regulation in the current legislation, in the observance of the traditions of constitutional regulation and the propensity of the constitutional legislator to include modern novelties from the constitutions of other countries give rise to new approaches to the constitutional regulation of intellectual property relations, and also entail the emergence of «mixed» models. All this makes the issue of constitutional regulation of intellectual property rights an interesting and promising object of scientific research.

Institutionalization of mediation for the settlement of disputes in the field of intellectual property laws

The proposed article is devoted to the study of the institution of mediation as an independent procedure for the settlement of disputes in the field of intellectual property law. The author notes that the rather rapid stage of the development of the information society, IT technologies, the emergence of new objects of civil rights, including objects of intellectual property rights, pose a number of tasks to the legislator that require their urgent solution, in particular, the task of proper legal regulation of social relations, which, already today, take place in the state and society in general. In addition, taking the integration course of Ukraine into the EU also sets before our state the conditions for improving the legal regulation of intellectual property in accordance with international legal norms, in particular, the improvement of those legal provisions of national legislation related to the resolution of disputes in the field of intellectual property law, which are increasingly happening in reality. Therefore, the legislator adopts a number of legal acts regarding the improvement of legal regulation of relations arising in the field of intellectual property law, an example of which is the adoption of the Law of Ukraine «On Mediation». After all, mediation occupies a special place among the conciliation procedures for the settlement of disputes among alternatives to court proceedings for the resolution of disputes related to violations of intellectual property rights.Based on the results of the research, the author comes to the conclusion that mediation in the field of intellectual property can be used in the following cases: – when settling disputes arising in connection with the use of objects intellectual property without the consent of the right holder (author, creator, inventor or the person who owns intellectual property rights in accordance with the contract or law); – disputes arising in the event of violations of intellectual property rights; – disputes arising during licensing and transfer of intellectual property rights property; – disputes arising in connection with the conclusion and performance of contracts in in the field of intellectual property, in particular, contracts on the disposition of property rights of intellectual property; – disputes arising from the use of intellectual property objects, which are transferred to third parties.

Can strict intellectual property laws facilitate the renewal of energy sector growth? The case of Saudi Arabia

Background: Saudi Arabia (KSA) is a global leader in producing fossil fuels and has primarily relied on this energy source for its Gross Domestic Product (GDP). However, after the 2014 oil crash, the country established Vision 2030, intending to shift toward a non-oil dependent economy. Through this vision, Saudi Arabia aims to increase generation of electricity from clean energy sources by 30%. This paper examines the effectiveness of strict intellectual property (IP) regulations aiming to develop the renewable energy (RE) sector. Methods: In this paper, the author examines the effectiveness of strict intellectual property rights in-depth to develop innovation in the renewable energy sector as mentioned in Saudi Arabia’s 2030 Vision. The paper makes a comparison with countries, such as the EU and China, regarding the extent to which strict intellectual rights have improved innovation. The author uses an inductive research approach that relies on qualitative data since it critically analyses regulations and policies in many countries, such as Saudi Arabia, the EU, and China. Results and conclusions: The author finds that financial incentives are more effective than in developing innovation in the renewable energy sector. Most importantly, developing countries benefit from financial incentives to increase innovation since many developed countries have adopted a strict IP law after their markets developed.

Dilemma to Dominance: Decoding the Evolution of the Indian Pharmaceutical Industry - A Case Study

The Indian pharmaceutical industry has undergone a significant evolution, transitioning from a domestically-focused sector to a global powerhouse. Initially, Indian pharmaceutical companies primarily catered to domestic healthcare needs. However, with the implementation of economic reforms in the 1990s, the industry witnessed rapid growth and expanded into international markets. The Indian pharmaceutical industry has experienced a remarkable transformation, establishing itself as a global leader in the production and export of generic drugs. The industry has demonstrated superior growth performance, making it one of the fastest-growing sectors worldwide. Productivity levels and innovation play a significant role in determining competitiveness, and the Indian pharmaceutical industry has shown impressive capabilities in these areas. Government policies have been instrumental in driving the industry's self-sufficiency and internationalization. The establishment of public sector pharmaceutical enterprises and the introduction of intellectual property regulations, pricing control, and research and development (R&D) support have propelled the industry's growth.
 This case study aims to provide an in-depth analysis of the journey of the Indian pharmaceutical industry, exploring its growth, challenges, and the dilemma it faces in balancing innovation and affordability. By examining the sector's perspective, challenges, and identified dilemmas, this case study aims to equip readers with a comprehensive understanding of the industry. The case delves into the journey and challenges faced by the Indian pharmaceutical industry. It investigates the industry's growth, the perspective of Indian pharmaceutical companies, the challenges they encounter, and the identified dilemmas. The case also provides teaching notes and objectives to enhance the readers' knowledge and decision-making skills within the pharmaceutical industry.

Freedom of Expression as a Rationale for IP Protection

Abstract This article revisits the discussion on the rationales for intellectual property (IP) protection by addressing a particular justificatory theory for IP that had come to the forefront of legal discussions in recent years – the theory based on freedom of expression and information. This modern vision of IP focuses on the communicative nature of IP subject-matter and of IP as a legal regime. Firstly, this article reviews the Kantian theory of copyright that lies at the origins of any modern discussions on the communicative nature of IP regulation with the aim of answering whether IP should be more properly conceived as the system for regulating communication. It then looks at the readings of this theory by contemporary copyright scholars and considers applicability of the communicative theory to other areas of IP such as trademarks and patents. The analysis then proceeds towards looking at the freedom of expression dimension of the ‘classic’ IP theories. Reflecting on this matter is important as the rationales for IP protection influence virtually all spheres of IP’s legal regulation, including – first and foremost – the reach of IP holders’ entitlements.

LIMITATIONS ON THE EXCLUSIVE RIGHTS OF INTELLECTUAL PROPERTY RIGHT HOLDERS (SOCIAL JUSTICE PERSPECTIVE)

Social justice is the goal of the Indonesian state, which must be realized in all fields so that welfare is realized for all Indonesian people which also radiates in the field of intellectual property law, bearing in mind that the initial regulation of intellectual property came from developed countries which are industrial countries which are different from Indonesia. Social justice is the fundamental norm as well as the goal of the state, which is used as a reference in the formation of intellectual property law rules. Thus, arrangements regarding the distribution of intellectual property rights must pay attention to the public interest. Based on such arguments, the regulation regarding restrictions on the exclusive rights of intellectual property rights holders is realized in the public interest. At the implementation level, setting the exclusive rights of older intellectual property law protected without prejudice to the protection of community (general) rights as a form of limiting these rights for the common good. Restrictions on the exclusive rights of the holder of intellectual property law as a form of social justice have been regulated in the Indonesian legal system, although there are still deficiencies.

Artificial Intelligence and Intellectual Property: Navigating the Complexities of Cyber Law

Abstract This article provides an extensive analysis of the relationship between Artificial Intelligence (AI) and Intellectual Property (IP) within the framework of Cyber Law. It examines the current state of AI and IP, emphasizing the legal and regulatory implications of their intersection. A comprehensive literature review and legal analysis, coupled with a comparative study of AI and IP regulatory frameworks, informs the discussion. We explore the privacy and data protection issues in AI, the evolving nature of Intellectual Property rights in the AI era, and the liability concerns related to AI applications. A comparative analysis of AI and IP regulation across various jurisdictions provides insights into the effectiveness of international frameworks and the challenges posed by cross-border regulation. The article further discusses the need for flexible and adaptive regulatory approaches that balance risk management with innovation promotion. We then highlight emerging legal and regulatory issues in AI and IP and offer recommendations for policymakers, regulators, and AI developers. Finally, the article encapsulates the key findings and their implications for AI and IP regulation, outlining future challenges and opportunities in this domain.

Характеристика адміністративно-правового регулювання інтелектуальної власності: генеза розвитку

The article is dedicated to a comprehensive study of theoretical and practical issues of administrative and legal regulation of Intellectual Property (IP) as the main element of innovative activity. A particular research has been conducted into the scientific background of administrative and legal regulation of intellectual property. The role definition of intellectual property in the innovative development of the state economy and Ukrainian society is highlighted. The mode of formation, i.e. genesis of administrative and legal regulation of intellectual property is outlined as well as expansion of legislation in this particular sphere is analyzed. The administrative and legal aspects of regulating the activities of intellectual property protection entities are specified. The research denotes some growing tendencies of intellectual property law and a number of directions in its further progress which is expressed in globalization of the law and in transition from protection of material property rights to information protection. It is stated in the article that existing intellectual property model or paradigm as well as administrative and legal regulation establishment do not reflect the characteristic, concrete public relations in a modern information society. The priority of the principle of full control of the right holder over the use of the object of intellectual rights leads to the fact that the development of legislation in the field of intellectual property is carried out in the form of strengthening the protection of intellectual rights, i.e. without adapting to the needs of the information society and innovative activity. It is emphasized that formation of conceptually unified single legal space for administrative and legal regulation of intellectual property directly determines efficiency of the process of an innovative development itself. Compliance to conceptually unified approach at developing strategy will definitely determine the outcome.

Lessons from India and Thailand for Cambodia's future implementation of the TRIPS Agreement for pharmaceutical patents

AbstractCambodia is expected to graduate from least developed country (LDC) status in the near future, at which time it will be required to make patents available for pharmaceutical products and processes to meet its obligations under the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). Given its impending transition from LDC status, there is a need to balance Cambodia's intellectual property (IP) policies and regulations with public health priorities to ensure access to affordable life‐saving medicines. This will be critical to achieving universal health coverage, one of the United Nations' Sustainable Development Goals. This paper examines Cambodia's IP laws and regulations to identify provisions which could reduce access to affordable generic medicines when it starts to grant patents for pharmaceuticals. It systematically compares Cambodia's IP laws and regulations applicable to patents with those of Thailand and India—two developing countries which have had some successes in preserving access to medicines despite the introduction of pharmaceutical patents. It identifies lessons for Cambodia from the experiences of Thailand and India in implementing TRIPS and using TRIPS flexibilities such as compulsory licensing to ensure access to a sustainable supply of affordable generic medicines. India's experience of implementing TRIPS offers a practical and valuable lesson in applying TRIPS for the greatest public benefit. Thailand, although it has not utilised TRIPS flexibilities as extensively as India, also offers valuable lessons in adapting and interpreting IP law to ensure sustainable access to generic medicines, especially in relation to compulsory licencing. Key recommendations for reform for Cambodia include strengthening the use of preventive and remedial TRIPS flexibilities and removing criminal sanctions for patent infringements. Cambodia should reject any TRIPS‐plus provisions in its patent legislation, avoid membership of bilateral or plurilateral trade agreements that include TRIPS‐plus provisions and avoid signing patent treaties and agreements designed to facilitate the granting of patents.