Intellectual Property Rights Law Research Articles

Who benefits from strong patent protection? An oil‐dependent country's perspective

AbstractIn this paper, a complex interplay is demonstrated, indicating that the impact of intellectual property rights (IPR) and patent protection varies in certain trade contexts. We review the IPR and patent laws in Oman and subsequent amendments following the signing of free trade agreements and investigate how strong protection of patents and IPRs affects Oman's trade. A panel data set comprising the majority of Oman's trading partners from 2000 to 2021 was utilized to achieve this objective. Under the Oman Intellectual Property (IP) Laws, 5617 patent applications were used to calculate the patent index scores. This study contributes four significant findings. First, it analyzes how strong IP and patent protection affect Oman's exports and imports. Second, it assesses the variation in overall trade flows and manufacturing trade flows. Third, while most studies use the IPR index, this study offers a more specific perspective by examining the patent index, particularly concerning manufacturing trade, which is primarily associated with patent‐protected technologies. Fourth, this study provides the first comprehensive analysis of a GCC country that is heavily dependent on oil. This study reveals that Oman's strong IPR and patent regimes significantly enhance overall exports. Strong patent protection promotes the import of high‐tech goods, whereas robust IPR protection unexpectedly reduces manufacturing trade.

Copyright Violation in Works of Art Using the Form of Non-Fungible Tokens (NFT) in the Era of Digitalization

Intellectual Property Rights (IPR) are exclusive rights granted by the state to individuals or groups to safeguard their intellectual works. Such works may include inventions, works of art, writings, designs, and trademarks, among others. In Indonesia, IPR is regulated by several laws, including the Patents Law (Law Number 13 of 2016), Copyright Law (Law Number 28 of 2014), and Marks and Geographical Indications Law (Law Number 20 of 2016), among others. These rights encompass copyrights, patents, trademarks, industrial designs, trade secrets, and other related rights. The purpose of IPR protection is to encourage innovation and creativity by providing legal protection for the fruits of intellectual labor, thereby enabling individuals and organizations to reap the benefits of their efforts. Businesses and individuals must understand IPR laws and regulations, as they affect the ownership, licensing, and transfer of intellectual property assets. Violation of two-dimensional works of art and NFTs is a form of crime in digital economic activities, in this case, the government must intervene to overcome this crime. The issue at hand is a direct result of insufficient legal regulations governing the digital realm. Cybercrime, which encompasses a multitude of illicit or perilous activities that take place in the virtual world or through the utilization of computer and internet technology, encompasses copyright infringement. This form of wrongdoing entails the contravention of intellectual property rights, such as the unlawful distribution of music or films, software piracy, or the unauthorized use of trademarks. Legal protection pertains to regulations that are concerned with digital works of art.

Perlindungan Hukum Terhadap Hak Kekayaan Intelektual Hak Cipta dalam Perspektif Hukum Pidana

Indonesia is a country of law, not a country of power. This declaration is clearly explained in Article 1 paragraph (3) of the 1945 Constitution. As a constitutional state, Indonesia has a number of legal provisions. One of the provisions of this law is copyright law. Meanwhile, copyright actually falls within the scope of the Intellectual Property Rights (IPR) Law. This research uses many approaches, including a legal approach which is carried out by examining all legal provisions relating to the legal issues being studied. Apart from that, the conceptual approach also deviates from the perspectives and theories developed in legal science. One of the common obstacles is weak law enforcement against copyright infringement. This is caused by various factors, including a lack of human resources, technology and budget for copyright enforcement. In addition, courts continue to face obstacles in handling copyright infringement cases, including judges' limited knowledge of copyright and a lack of evidence. It can be concluded that copyright law enforcement in Indonesia still faces several problems, such as weak supervision and inefficient law enforcement. This has an impact on the number of piracy cases that occur in Indonesia. To increase the application of criminal sanctions for copyright infringement, the Indonesian government needs to strengthen law enforcement and provide education and training to judges and other judicial personnel.

Power distance, legal protection of intellectual property rights and corporate R&D human resources

Existing studies have mainly investigated the pairwise relationship between culture, intellectual property rights (IPR) protection, and enterprises' innovation input. This paper links culture and IPR law to study their joint impact on enterprises' innovation human input. Based on the panel data of Chinese listed companies in Shanghai and Shenzhen Stock Exchange, studying a specific cultural dimension (i.e., power distance) and its influence with legal protection of IPR on corporate research and development (R&D) human resources (defined in terms of scale and efficiency). Power distance is negatively related to the R&D human resources scale and positively related to their efficiency. This is because power distance affects the R&D personnel's job satisfaction and turnover rate. Relaxed IPR legal environment is not conducive to expanding the scale of R&D human resources. Because the vital interests of R&D personnel are not legally protected, and the turnover cost is reduced. There is an interaction between Power Distance and Legal Protection of IPR, which can moderate relationship between Power Distance and R&D Human Resources Scale. Weak Legal Protection of IPR may enhance the positive correlation between Power Distance and R&D Efficiency. Enterprises should take corresponding measures to enhance their ability of independent innovation and R&D human resource management in culture, IPR protection, and human resources management.

Compulsory Licensing in Intellectual Property Rights (IPR): Current Application and Future Prospects in Indonesia

The implementation of Compulsory Licensing in the procurement of anti-retroviral drugs to combat the HIV/AIDS epidemic, which poses a significant threat to Indonesia and global public health, exemplifies the essential necessity and utility of this concept. Compulsory Licensing is pivotal not only for community health but also for advancing Intellectual Property Rights (IPR) law. This research aims to explore the future prospects of Compulsory Licensing and propose regulatory reforms in Indonesia. Utilizing a normative juridical approach, the study concludes that Compulsory Licensing holds strong potential as a countermeasure and in balancing rights and obligations. It underscores the critical need for a robust regulatory framework to support its effective application and growth. Future enhancements, such as allowing appeals against government compensation determinations through judicial review, could bolster acceptance and ensure the sustainability of this concept.

Transfer of ESTs in international law: A climate justice approach

Early industrialization of the developed countries has enabled their leadership in technological innovation, including environmentally sound technologies. ESTs are technologies that help prevent, control, or reduce greenhouse gas emissions. Endorsed as an integral part of climate action, a binding obligation to ensure access for global south to these technologies remains missing from international environment law and international intellectual property rights law. Transfer of technology also faces certain economic barriers such as lack of infrastructure and human resources that enable adoption and absorption of ESTs. Moreover, there exists ideological differences between developed countries and developing and least developed countries regarding mechanism of technology transfer, creating an impasse in international negotiations to achieve EST transfer. In this paper the author has attempted to reframe the discussion on transfer of ESTs through a climate justice perspective. An incorporation of the practical aspects of the common but differentiated responsibilities of the developed countries into the TRIPS regime, in the form of binding obligations to technology transfer and financial assistance, or relaxations in patent protections, may provide adequate resolution. A balanced and rational approach to EST transfer, beyond the exigencies of global politics, is necessary for the continued prosperity of the Earth.

Exploring indigenous intellectual property rights and e-governance: a legal analysis of customary aboriginal knowhow in Arunachal Pradesh, India

The research study examines the legal protection of clan-based aboriginal healing processes, handicrafts, and unique creative works, which have been undermined from the ab initio. The government should shield the interests of their customary know-how under the IPR approach and community-based legal shields and documentation in the e-database. The research aims to investigate conventional aboriginal know-how practices of the Galo clan and e-governance meadow relating to the CAK issue and recommend lawful aspects. The researchers surveyed and collected information from 46 houses in Aalo town, Darka village, and Kabu village in West Siang District and Basar District in Arunachal Pradesh, the primary sources. The paper reports on findings from a study conducted in Arunachal Pradesh, India, to assess attitudes towards customary Aboriginal know-how (CAK) and its conservation. The survey demonstrates multiple views regarding the significance of safeguarding CAK through intellectual property rights (IPR) laws, traditional knowledge's role in socio-economic development, and whether e-governance can effectively help preserve CAK. In conclusion, a delicate balance must be between preserving traditional Galo practices and embracing modernity. A structured survey questionnaire collects quantitative data on attitudes, perceptions, and practices related to customary aboriginal know-how (CAK) conservation and legal protection. The questionnaire includes closed-ended questions to elicit specific responses from the informants regarding their views on safeguarding CAK, the role of intellectual property rights (IPR) laws, and the potential of e-governance in preserving CAK.

Interface And Interplay Between Intellectual Property Rights (IPR) And Competition Law

Intellectual property rights (IPR) bestow exclusive legal privileges upon owners, restricting others’ access and thereby potentially reducing market competition. In contrast, competition law (also known as antitrust law) aims to foster competition and enhance market accessibility. These two domains may appear fundamentally opposed, yet an alternative perspective suggests that they can not only coexist but also mutually reinforce each other. This Paper endeavors to explore the interconnectedness and interdependence of IPR and competition law and seeks to unravel the common thread between these legal domains in the Indian context, providing a comprehensive understanding of their interplay. It underscores the essential role of both in bolstering a nation’s economic efficiency. By coexisting harmoniously, IPR and competition law contribute to a more robust system, and this study offers practical guidelines to enhance the effectiveness of India’s competition law framework and patent offices.

Implementasi Permasalahan Hak Atas Kekayaan Intelektual dalam Perspektif Hukum di Indonesia

The stated purpose of the state is articulated in the Preamble of the 1945 Constitution (UUD 1945), specifically in the fourth paragraph. "Following that, establish an Indonesian State Government that safeguards the entire Indonesian nation and the bloodshed of all Indonesians, promotes the general welfare, educates the populace, and aids in the implementation of a global order founded on independence, lasting peace, and social justice, as delineated in the 1945 Constitution's articles, wherein one facet delineates the condition of a nation's economic development success." As stated in Article 33 of the 1945 Constitution, the following are provisions of the national economy's structure: (2) It is a collaborative effort based on the principle of kinship; (2) The state exercises control over critical sectors of production that have a significant impact on the lives of numerous individuals; (3) It is the state's responsibility to manage the land, water, and natural resources within for the greatest good of the people; and (4) The economic democracy that underpins the organization of the national economy. The Intellectual Property Rights Law of Indonesia governs the implementation, application, and procedure pertaining to intellectual property rights. The Intellectual Property Rights Act is designed to provide additional oversight over an individual's rights to their work and has the potential to apprehend those who commit offenses related to intellectual property rights

Co-Ownership of Communal Intellectual Property in Perspective Support to Regional Tourism

Purpose: The aim of this research is to determine the extent to which cross-conceptions in intellectual property rights can be resolved, and ultimately can be used to support efforts to record the legality of rights both individually and communally. The next goal is to encourage communal intellectual property to become a regional tourism commodity. Theoritical Reference: Theoretically, Intellectual Property Rights have an individual and personal nature, while communal intellectual property actually has a communal nature. So, placing communal intellectual property rules into intellectual property rights law brings about theoretical confusion. Method: The research method used uses a doctrinal approach by collecting data through literature study and then presenting it. Data were analyzed descriptively. Result and conclusion: This study found: the fact that IPR legislation in Indonesia places communally owned objects into IPR legislation, such as the inclusion of Geographical Indications containing Communal Intellectual Property in the Trademark and Geographical Indications Law, which is actually a statutory regulation. IPR invitation (personal). Likewise, the further impact is the weak potential for utilizing economic rights in the form of loss of potential tourism commodities, especially regional tourism. It is concluded that there is equalization of intellectual property legal institutions, namely the incorporation of communal intellectual property objects into intellectual property legislation. Even though this equality does not constitute equal distribution of legal principles, the resulting legal consequences weaken the economic influence of a commodity. Optimizing the economic potential of communal intellectual property, especially to support regional tourism development, will be disrupted. Research Implication: This research has implications for harmonization of the principles of intellectual property law so that they can be applied in the development of economic rights, especially in the tourism sector. Originality/value: This research is something new because it not only looks at conflicting conceptions in the regulation of intellectual property rights, but synergizes with legal benefit factors, namely the economic impact of tourism that can be achieved if.

The Impact of the Trips Agreement in the Framework of Providing Industries Based on Traditional Cultural Expression

Indonesia, rich in EBT, has promising economic potential, especially related to the tourism and creative economy industries. Indonesia's original cultural wealth claimed to belong to other countries, amounts to 34 types of culture. This condition is undoubtedly detrimental to society. This study aims to analyze how the protection of industrial products based on traditional cultural expressions as part of Intellectual Property Rights after the entry into force of the TRIPS Agreement and to analyze how intellectual property rights law in Indonesia should be in order to protect traditional cultural expressions from claims by other countries. The research method used in this study is normative legal research that examines secondary data sources from literature studies in books, regulations, notes, and research results from previous studies. Efforts to protect traditional cultural expressions after the entry into force of the TRIPS Agreement with the inclusion of EBT in Law no. 28 of 2014 concerning Copyright. IPR law in Indonesia protects traditional arts from claims made by other countries by drafting adequate legislation, namely by issuing Law No. 5 of 2017 concerning the Advancement of Culture, which protects industrial products based on traditional cultural expressions to prevent claims and piracy from foreign parties.

Role of Intellectual Property Law in Increasing Science Education Capacity in Indonesia

Currently, the world of education is the backbone of the development of Intellectual Property Rights (IPR). Research results in learning and research activities in the form of science and technology are objects of IPR that must be registered and protected. This is because the findings are an innovation that has high moral and economic value. This study aims to identify the role of IPR law in increasing the capacity of science education in Indonesia. This type of research is legal research using a conceptual approach. Data collection techniques were carried out using library research. Data analysis techniques were carried out using the critical hermeneutic method. The results of the study state that IPR law has two functions, namely: a protective function and an economic function. The function of protection means that the registration of IPR legally protects the findings of inventors as intellectual property. Inventors also have the right to sue other parties who use their findings without rights. The economic function means that registered innovations in science education can provide economic benefits for inventors as well as a source of income (royalty). However, the level of HKI registration in the world of science education is still low. The existence of HKI learning materials in science education is something that is needed at this time.

The Registration Process of Industrial Property Rights

The objective of this article is to determine the registration process of industrial property rights. This research uses normative law methode, which is a qualitative research method utilizing content analysis of secondary data. In general, the registration process of industrial property rights is by submitting the application to Directorate General of Industrial Property Rights (DJHKI) in writing in Bahasa Indonesia through filling the application form with full identities of the applicant. The application is signed by the applicant or the proxy (holder of authority) along with the attachments of the industrial property rights which are applied to the registration. The registration process of industrial property rights also has different special provisions. The research results show that the registration process of industrial property rights is regulated under Intellectual Property Rights Law and has been in conformity with International Convention.
 Keywords: Industrial Property Rights, Process, Registration

Intellectual property rights protection and prospect of industrial development in Nigeria

The incidence of infringement and violation of intellectual property rights (IPRs) especially in the nature of counterfeiting and piracy has been on the increase in Nigeria; and has deprived many producers and industrialists of the benefits of their creativity. This study explores how IPRs protection influences industrial development in Nigeria using quarterly data spanning 2007Q2 and 2019Q1. The result of autoregressive distributed lag model reveals that IPRs protection exerts negative effects on industrial development due to weak enforcement and non-compliance with industry related IPRs laws which discourage individuals and firms to develop new commercialisable inventions and innovations. Based on this finding, we conclude that IPRs protection cannot significantly improved the prospects of industrial development if not properly enforced with total compliance in Nigeria. Therefore, we recommend that government should strengthen IPRs laws with formidable policies that would create incentives for firm-level innovations/inventions through knowledge creation, adequate funding for R&D in Nigeria.

An empirical study on India’s progress in intellectual property rights with reference to patent filing and grants in the emerging technological era

India is a country of versatility, diverse culture, and complex social dimensions. India has been a country of agriculture, and even in today’s era, the majority of the population relies on agriculture for their livelihood; however, despite all these facts, India has seen a tremendous growth and change in economy, science and technology, education, and so on. In the process of development, invention and innovation have gained immense importance, which have resulted in application of inventions and innovations in the form of technology. In this background, the legal protection for the inventors arises, which is being catered by intellectual property rights (IPR) in the whole world as well as India. In Indian context, the IPR has not yet reached every business organization because the word IPR has always been misunderstood by most of the people that it is meant only for science and scientific inventions, but the fact is IPR’s applicability is much wider and it is applicable even to the smallest businesses. In the entire world, China is a nation which has the highest number of IPR grants, followed by USA. IPR in the present situation is very prominent and relevant because changes in industries like telecommunication, computer science, and so on are in the frontline and India is not lagging in invention and innovations. In 2021, out of the total number of applications received, China has the major contribution, which amounts to 40%. But very shockingly, India is not even in the top 10, which hints us that India needs to be vigilant and needs more attention of IPR. This research article speaks on how India is progressing in applicability of IPR and why India is not extensively using the provisions of IPR. We all know that IPR includes various elements like patents, copyrights, and trademarks; geographical indicators; industrial design; and utility models. But to be more precise and detailed, we have narrowed down our study only to patents in India, and even in that, we have considered patent applications, patent grants, and patents in force. It is to be noted that India’s economy is vibrant and dynamic. An economy like India is truly in need of extensive use of IPR and its provision to protect the rights of the real owner and inventor. But most of the population is ignorant about the IPR, so we are making an attempt to understand what is India’s position in IPR and its applicability. To narrow down our research, we have confined our study to only patents. In a further study, we can analyze how we can improve the awareness, and it may also help us in updating of IPR laws and its provisions.

Dimensions of Intellectual Property Rights Law Regulations in Indonesia

Intellectual Property Rights are private rights where a creator/inventor is free to invite or not to apply for the registration of his intellectual works. That in Indonesia the existence of intellectual property rights as rights to immaterial objects or intangible objects. Property rights arise from a person's ability to produce a work based on the work of his brain/intellectuality, the results of that intellectual work then grow the concept of ownership of an intangible object in the form of intellectual property rights. Whereas intellectual property rights also recognize the existence of economic rights (economische) the community can take economic benefits from a copyrighted work of findings and or provide economic benefits that are positively useful in the community. The importance of understanding the Dimensions of Intellectual Property Rights Law in Indonesia, as a basis in implementing the protection of intellectual property rights in Indonesia (rechten/economic rights) in this case where the creators or inventors.

Evolution of the Chinese Intellectual Property Rights System: IPR Law Revisions and Enforcement

ABSTRACTSince the first Trademark Law was enacted in China in 1982, the Chinese intellectual property rights (IPR) system has undergone significant changes in both the design of the legislation and its enforcement. In this article, we analyze the evolution of IPR legislation and enforcement in China. To this end, we illustrate the evolutionary changes of the Chinese IPR system and analyze the changes introduced in four revisions (1992–1993, 2000–2001, 2008–2013, and 2019–2020). Our analysis shows that Patent Law, Trademark Law, and Copyright Law have been substantially enhanced, especially since 2000, when China improved its IPR system to comply with the TRIPS Agreement and join the WTO, and especially the most recent amendments of these three IP Laws. We discuss the number of IPR infringement cases handled by both relevant administrative authorities and courts to analyze IPR enforcement in China. Results indicate that the development of IPR protection enforcement followed the improvement of relevant IPR laws. The two revisions introduced after 2008, changes in the Chinese IPR system, and an increasing number of IPR infringement cases handled by relevant authorities also suggest the willingness of the Chinese government to further enhance its IPR protection.

Awareness and Strategies of the implementation of the Law on Intellectual Property Rights in the State Universities and Colleges in Western Visayas

This study determined the awareness and strategies of implementation of the law on intellectual property rights in the state universities and colleges in Western Visayas. Universities and Colleges are eliciting and harnessing the talents of the faculty, staff, students and alumni in advancing their respective academic missions, specifically in the area of research. Through the years many universities and colleges has maximized the use of its resources in creating products, and processes which are novel in nature. These are either derivatives or products of improvements, of inventions to benefit instruction which gain practical use in the society. The awareness of the possible infringement of the privileges due to the rightful owner of a copyright work, invention and innovation, the idea of protecting their rights demands. The use of intellectual property bears a social function. To this end, the State shall promote the diffusion of knowledge and information for the promotion of national development and progress and for the common good. It is in this perspective, that the researcher works to determine the extent by which Universities and Colleges of Western Visayas implement programs on Intellectual Property Rights, it relation to the overall performance of an educational institution. The respondents of this study are the deans, department heads and the faculty of the four members of the stateuniversities and college in Western Visayas specifically located in the city and province of Iloilo. A universal and purposive sampling was adopted in this study. The deans and department heads were the universal sample, while the faculty are purposive samples and represent the ten percent of the whole faculty populace having apermanent status. In the level of awareness on the provisions of the law on intellectual property rights existing in institutions, the result showed that the weighted mean was 2.318 which means that the respondent were less aware of the provision of the intellectual property rights. In the level of implementation of strategies of the law on intellectual property rights being practiced in institutions showed that the weighted mean was 1.812 which means that the respondent have observed to the least extent in the implementation of strategies of the law on intellectual property rights. In the problems encountered with their degree of seriousness in connection with the enforcement of the intellectual property rights law the result showed that the over-all weighted mean was 1.39 which means that the respondent have not seriously encountered problems with the enforcement of the intellectual property rights in their institution due to unpracticed of the law. In terms of the significant variance in the use of strategies for the enforcement of the law on intellectual property rights in the four state institutions in Western Visayas the result showed that Sig. value was 0.000 which is less than the Alpha level at 0.05 therefore the variance in the use of strategies in the implementation of intellectual property rights law in four state institutions in Western Visayas was significant and the null hypothesis was rejected.

The Susceptibility of Legal Institutions: “Texts” and Contexts of the Transplanted IP Laws in China

Abstract Previous studies often attribute the poor enforcement of intellectual property rights (IPR) law in non-Western countries to environmental constraints, including social, political, or cultural factors. This article tries to reorient our focus to two intrinsic characteristics of legal rights appertaining to their social forms: the intangibility of the constructed legal object and the scope of contradictions among legal subjects. Based on 85 in-depth interviews from six IP-intensive industries in China, I propose a theoretical framework for combining the “textual” and contextual dimensions of studying legal transplants – the susceptibility of law. I argue that the intrinsic qualities of the IP legal concept imply a sizable gray space, making it difficult to interpret, hard to enforce, and thus more susceptible to specific contextual influences. The country-level contextual environment does not provide adequate technique, legitimacy, and experience to effectively enforce IPRs in general, yet some industries may benefit from a set of sub-contexts that provide compensatory support through product-embedded standardizations or network-embedded norms. Although these sub-contexts are not enough to produce a robust IPR regime as in the West, they do generate pockets of effectiveness, allowing industries to muddle through and profit, and an otherwise foreign institution gradually to take root.

PERAN PEMERINTAH DAERAH DALAM DALAM KONTEKS EKSPRESI BUDAYA TRADISIONAL DALAM PERLINDUNGAN HAK CIPTA (Studi terhadap Peraturan Daerah Provinsi Jawa Barat Nomor 10 Tahun 2018)

Whereas the regulation on Intellectual Property Rights law has been universally applied and accepted by the members of the World Trade Organization (WTO) by making separate rules into the positive law of each WTO member country. The existence of West Java Provincial Regulation Number 10 of 2018 concerning Intellectual Property Management including Traditional Cultural Expressions in it, can mean that the said Regulation acts as a "private legal entity" which can lead to confusion over higher laws and regulations or known as lex superiori derogat legi inferiori (higher regulations override lower regulations), in that context in Indonesia there have been various laws governing Intellectual Property law, namely: Law on Plant Variety Protection, Law on Industrial Design, Law on Layout of Integrated Circuits, Law on Trade Secrets, Law on Copyright, Law on Patents and Law on Marks and Geographical Indications. The Regional Regulation Number 10 of 2018 has the potential to abuse authority and can be categorized as a problematic regional regulation that can lead to confusion in the community.