Protection Of Intellectual Property Rights Research Articles

Intellectual Property Rights (IPR) and Its Effect on the Flow of Cross-Border Mergers and Acquisitions (M&As)

Extant research finds effective intellectual property rights (IPR) protection encourages firms to initiate mergers and acquisitions (M&A) deals. IPR strengthening positively affects firms’ research and development activities and thus their innovative ability. Consequently, acquirer firms can improve their innovation quotient by pursuing target firms in regions undertaking IPR protection and enforcement measures. The present study examines the impact of IPR protection on 20,363 inbound M&A deals engaged in 42 countries between the years 2014 to 2019. Differing from the use of conventionally employed, Ginarte and Park index available in a five-yearly interval, which evaluates only Patents, this paper proxies IPR strengthening through a more comprehensive annual intellectual property (IP) index (covering other intellectual assets like copyrights, trademarks, etc. besides patents) constructed by Global Innovation Policy Center, U.S. Chamber of Commerce. Estimates from panel regression, including country and year-fixed effects, indicate that reforms that improve IP protection in a target country are positively and, to a more considerable extent, significantly associated with an increase in inbound cross-border M&As. In addition, the impact is weakly significant when target firms belong to emerging countries. This study sheds light on whether IPR protection influences corporate decision-making. The results suggest that acquirers look forward to regions undertaking efforts to improve their IP ecosystem, either to protect their intellectual capital transmitted through technology transfer or to acquire targets high on innovative quotient.

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.

Dynamics Response of Indonesian Islamic Law to the Protection of Intellectual Property Rights

Every work of innovation is a valuable intellectual property that should be protected by the state, according to Law No. 24 of 2014. However, Intellectual Property Rights are not adhered to by the public as there is much piracy. This is evident in the proliferation of websites providing pirated music, photocopies of books, and uploading songs that are sung again without permission from the creator. This necessitates a study related to the protection of Intellectual Property Rights (IPR) from the perspective of Islamic law. Building on the theory of maqasid sharia, the study shows that Islamic law views copyright as protected property because it is haq al-ibtikar containing the creator's exclusive, economic, and moral rights. From a fiqh perspective, the solution should be based on moral and economic demands. Therefore, it is necessary to strictly enforce the law against violations of Intellectual Property Rights because it is based on the appreciation and protection of creative rights, which signify professionalism.

Protecting Intellectual Property Rights in the Digital Age

This research paper discusses safeguarding intellectual property rights (IPR) amidst emerging technologies and cyber threats. In the digital age, safeguarding intellectual property rights (IPR) amidst emerging technologies and cyber threats necessitates a proactive and collaborative approach. This research paper explores the multifaceted challenges and opportunities surrounding IPR protection, focusing on the impacts of artificial intelligence, blockchain, 3D printing, and the Internet of Things. By analyzing legal responses, technological solutions, international cooperation efforts, and future trends, it equips stakeholders with insights to navigate this complex terrain effectively. The paper advocates for dynamic regulatory frameworks that balance innovation with risk management and societal interests, emphasizing cross-sector collaboration in policy development. It also highlights the importance of public awareness and education in empowering individuals to navigate emerging technology landscapes safely. Additionally, the paper addresses the historical background, types of IPR, contemporary issues, cyber security challenges, and collaboration between stakeholders. By implementing comprehensive strategies and fostering collaboration, organizations can uphold the integrity of intellectual property rights, incentivize innovation, and maintain a competitive edge in the digital landscape.

Analysis of Legal Protection of Non-traditional Trademarks from a Global PerspectiveTaking Scent Trademarks as an Example

With the constant advancement of the economy and technology, especially the development of high-tech technology, the traditional trademark can no longer meet the needs of social and enterprise development. From traditional visual trademarks to three-dimensional trademarks, sound marks, and even scent marks, non-traditional trademarks are playing an increasingly important role in transactions. Therefore, the legal protection of non-traditional trademarks is particularly important. By collecting and reading the relevant references and materials, this paper adopts the methods of literature analysis, comparison method, and case analysis to analyze of Legal protection of non-traditional trademarks from a global perspectivetaking scent trademarks as an example. The paper points out the current situation in the protection of non-traditional trademarks, taking scent marks as an example, and puts forward some feasible suggestions, such as: Reference the "staff " representation method, Promoting scientific and technological progress, and Scent branding prompts in the product. It can be concluded that the registration and protection systems of scent trademarks in various countries are not perfect, they can be shown in the strict requirements for registrable trademarks regarding the representation of odor, the distinctiveness of trademark registration, and the functional of marks. Countries should pay more attention to them. The study suggests that it is necessary to improve the scent trademark legislation, which is conducive to better protection of intellectual property rights, encourage innovation of enterprises, and safeguard the interests of enterprises.

Trademark protection in the sphere of fashion and with the help of artificial intelligence

A registered trademark can offer legal safeguard for a designer's name, brand name, emblem, logo, color or combination of colors, pattern, and so on. Ukrainian designers frequently establish trademarks by registering their names, sometimes accompanied by a graphic picture. Not just the brand name and designer's name, but also other aspects can be registered as a trademark. Regrettably, securing legal protection for a certain color or color combination is a challenging task. It requires providing evidence that a particular color is strongly linked to a specific fashion brand, such as the turquoise shade of a Tiffany box or the crimson hue of a Christian Louboutin sole. Registering a trademark is an effective method for preventing the importation and production of counterfeit goods. Nevertheless, it is impractical to safeguard the complete collection from plagiarism due to the insufficient time available for registering a trademark for a newly updated collection every month (ZARA, HM, OVS). Representatives of the Ukrainian fashion industry prioritize safeguarding their brands over safeguarding intellectual property rights for the models they produce. On one side, this scenario is justifiable, as Ukrainian designers hardly infringe upon the law, unlike worldwide companies. It is recommended to register an industrial design when a designer makes a distinctive model, technology, or print. The future of trademark protection lies in artificial intelligence. The verdict delivered on 8 February 2023 in the MetaBirkin case carries favorable consequences for the fashion industry and trademark proprietors at large. However, it is crucial to acknowledge that in this specific instance, the unauthorized utilization of the trademark was unequivocally acknowledged. Hermes has effectively shown its deliberate plan to enter the intangible assets market prior to the disputed circumstances. Therefore, trademark owners who encounter challenges in presenting proof of premeditated intention to participate in the non-traditional technology market should implement all essential procedures and regulations to safeguard their brand rights in the meta­network and other domains. Expanding trademark registration to encompass the sale of NFTs and digital goods in general is of utmost importance. Given that the fashion industry and its protection are developing at a rapid pace, the following problems arise in Ukraine in this area related to the protection of intellectual property rights in Ukraine: illegal use, theft or counterfeiting of works, patents, trademarks and other objects intellectual property; length of court cases combined with distrust of mediation; piracy and smuggling. Therefore, certain elements used in each collection, such as the trademark or designer print on the fabric, are legally protected.

Ways of protecting trademark rights in Ukraine Ways of protecting trademark rights in Ukraine

The article deals with the issue of ways to protect trademark rights in Ukraine. The author analyzes the issue of protection of trademarks in the European Union by applicants from Ukraine. The experience of specialized judicial bodies in the consideration of cases related to intellectual property legislation (inventions, trademarks, industrial designs, geographical indications, unfair competition, copyright, traditional knowledge, etc.) is considered, which is useful not only for the right holders of this kind, and for society as a whole. It is determined that in Ukraine there are the following forms of protection of intellectual property rights: jurisdictional and non-jurisdictional. Attention is drawn to the peculiarities of functioning of specialized courts in the field of intellectual property. The author notes the advantages and disadvantages of specialized courts and determines that Ukraine is in the process of establishing a special court - the High Court on Intellectual Property. Analyzing alternative dispute resolution methods, such as mediation. It is emphasized that mediation, as a new tool for the Ukrainian intellectual property system, works in all developed economies of the world and helps creators, inventors and companies to resolve disputes. Mediation is a confidential process that can be in multiple intellectual property groups where confidentiality is critical. In some cases, a dispute may accumulate confidential information that could be prejudicial to the parties if released in a public forum. Mediation allows the parties to keep the details of the dispute confidential, protecting their reputations and intellectual property. It was noted that in view of the European experience and practice of implementing alternative methods of dispute resolution, the Center for Mediation and Mediation was launched within the structure of Ukrainian National Office for Intellectual Property and Innovations (IP Office). Its main task is to perceive the peaceful resolution of disputes by teaching all parties alternative methods of dispute resolution, their features and advantages. Effective use of mediation can significantly help Ukraine become one of the innovative leaders in Europe.

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

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

Unveiling the TFP Nexus with ICT and IPRs: An Empirical Analysis of Textile & Apparel Industry of Pakistan

Textile and apparel industries of Pakistan are the largest industrial sector contributing about 60% to total exports and 25% of value-added of the manufacturing sector. The degree of competitiveness in this sector is closely associated with their Total Factor Productivity (TFP), which can be enhanced through trade liberalization, efficient and effective use of Information and Communication Technology (ICT), protection of intellectual property rights (IPRs) along with the investment in human capital, and advertisement expenditures. Additionally, investment in machinery and equipment and the role of subsidies cannot be ignored in enhancing TFP growth. This study utilizes data from the 2005-06 Census of Manufacturing Industries. Total factor productivity has been calculated employing the methodology of Tomiura (2007). The results indicate TFP is positively and significantly affected by ICT, IPRs, investment in machinery & equipment, human capital, import duties, subsidies for exports on TFP growth. The safeguarding textile and apparel industries from foreign competition relocates resources towards improving TFP whereas incorporation of ICT and IPRs enables firms to realize benefits of foreign developed technology which further improves TFP growth. Furthermore, the effect of advertising expenditures on TFP is positive but it lacks statistical significance.

Nonmonetary awards and innovation: Evidence from winning China's Top Brand Contest

We use the short-lived, but high-profile, China Top Brand Award to examine the causal effects of nonmonetary awards on firm innovation. To do so, we create a panel dataset by matching official China Top Brand Award recipients to the innovation outputs of listed companies. Results from difference-in-differences estimates show that firms that received the China Top Brand Award have a higher number, and better quality, of filed patents. We find that the positive effects of winning the China Top Brand Award on innovation outputs operate through higher government subsidies to winning firms. We also find that the positive effects of award-winning are stronger among state-owned enterprises, larger enterprises, and better-performing enterprises, as well as in provinces with stronger intellectual property rights protection. Our results are robust to a series of sensitivity checks.

CRM TOOLS TO ENSURE THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

The article examines the main aspects of using CRM systems in the management of relationships in companies under the condition of ensuring intellectual property rights. It was determined that the protection of intellectual property rights is considered through the prism of the development and implementation of a system of legal norms that require regulation of relations aimed at the need to create and implement intellectual property objects. The need to protect intellectual property rights, which is mediated by the design, development and use of special software, has been proven. Based on the analysis of the essence of the concept of intellectual property and the definition of its main components, the introduction of specially developed software is proposed. The choice of the software environment and tools for the implementation of the visual design of the proposed database is substantiated, which unites all stages of its development and implementation in a single seamless environment for the purpose of ergonomics and optimization of writing code in the appropriate scripting environment, which aims to ensure the generation and reproduction of tables, comparison of databases, synchronization of schemes and data, preparation of reports and optimization of the methodology and technology of their distribution, as well as fast and effective security management in databases. The main areas of implementation of the CRM management strategy and the implementation of software developments in the organization of the company's work, as well as the components of the information support of CRM systems, are presented. The method of implementing the CRM strategy in the company's activities is proposed. An information system for accounting of the company's activities was designed and developed on the basis of the CRM system. The main features, advantages and disadvantages of using CRM systems in the company's activities are determined. The scientific and practical utility of the proposed information management system allows for a step-by-step and component analysis of all business processes, to make management decisions for the purpose of better cooperation and legal protection of intellectual property in the modern information space.

Registering Ternate City People’s Traditional Knowledge as Property Rights

<p>Traditional knowledge is a subset of intellectual activity that stems from a country's collective ideas, opinions, or discoveries. This research aims to analyze: (1) The municipal government provides legal protection for intellectual property rights in traditional knowledge to increase the welfare of Ternate City inhabitants and (2) the potential for registering intellectual property rights related to traditional knowledge from 2019 to 2023 in Ternate City. The legislation method and the case approach were used in this empirical study. The most feasible way for the Indonesian government to protect traditional knowledge now is to strengthen the database on traditional knowledge. Special regulations are urgently needed that regulate the implementation of licensing procedures for users of Traditional Knowledge. The urgency of this research because It was found that from 2019 to 2023 in Ternate City, no traditional knowledge database yet existed. On this basis, there needs to be tactical steps from the Ternate City Regional Government in encouraging city branding about the utilization of traditional knowledge. The novelty of this research because Ternate has an abundant amount of traditional knowledge from its hundreds of ethnic groups that need to be legally protected but nearly zero traditional knowledge is processed with property rights. This paper is urgent and it contributes to science as it provides knowledge on how to legally protect this valuable knowledge.</p><p><strong> </strong></p><p><strong><em> </em></strong></p>

Location choice of foreign direct investment in technical KIBS in China: impact of human capital and intellectual property rights protection

PurposeThis study considers the “technology creation” characteristic of technical knowledge-intensive business services (T-KIBS) and examines how human capital and intellectual property rights (IPR) protection affect the location choice of foreign direct investment (FDI) in China for two types of T-KIBS: (1) information transmission, software and information technology (ICT) services and (2) scientific research and technology (SCI) services.Design/methodology/approachOur empirical analysis is based on panel data on 22 Chinese provinces from 2009 to 2017. We use the generalized method of moments estimation for the regression analysis.FindingsFDI in ICT services prefers regions with high human capital, while FDI in SCI services favors regions with good IPR protection.Research limitations/implicationsFuture research could use more comprehensive data and qualitative interviews to enhance the findings.Practical implicationsThese findings provide a foundation for China’s future policy on attracting FDI into T-KIBS, especially in areas related to human capital and IPR protection.Originality/valueThis study bridges the research gap on the FDI location choice of T-KIBS in China by clarifying the influences of human capital and IPR protection and providing theoretical support for the location choice of T-KIBS FDI.

International trademark protection strength: 1990–2020

AbstractThis paper presents a pioneering study that addresses the insufficient attention given to trademark rights in current indices that evaluate the protection of intellectual property rights (IPRs). Our study sets itself apart from previous measures by defining the strength of trademark protection as the level of applicant friendliness within a country's trademark system. We introduce the innovative trademark protection strength (TPS) index, which focuses on 78 countries spanning from 1990 to 2020. Drawing on established theoretical components of the patent system, we deconstruct the TPS index into four distinct dimensions: international mechanisms, legislation, enforcement and administration. Our findings reveal the growth and subsequent stabilisation of global trademark protection strength, with reduced disparities observed after 2005. Importantly, we identify variations in improvement rates among countries with different income levels, thereby highlighting the influence of economic factors. By providing a detailed methodology and transparent construction of the TPS index, we ensure its replicability and potential for future expansion. The index's objective data and extended coverage facilitate the examination of various configurations of IPR systems, policy designs and their impact on the global economy.

A blockchain-based deployment framework for protecting building design intellectual property rights in collaborative digital environments

Protecting intellectual property rights (IPR) in the architecture, engineering, and construction (AEC) industry is a long-standing challenge. In the collaborative digital environments, where multiple professionals use digital platforms such as building information modelling to collaborate on a building design, this challenge has intensified. This research harnesses the functions of blockchain technology, such as consensus mechanisms, distributed broadcasting ledgers, cryptographic algorithms, and non-fungible tokens, to propose a blockchain-based framework to protect building design IPR in the AEC industry. Adopting a design science approach, a framework is proposed and then further developed into a system that is implemented, illustrated, and evaluated in a case study. The system uses non-fungible tokens to tokenize building design IPR and deploys blockchain’s decentralized consensus mechanisms, distributed ledgers, and cryptographic algorithms to safeguard the IPR and its transactions. This prototype system is found feasible with satisfactory performance in enhancing the efficiency of IPR registration and protection, reducing cost, improving information transparency, reinforcing immutability, and preventing non-valuable registrations. Researchers and practitioners are encouraged to develop the framework for different applications such as real-life design IPR protection and design management.

Issues of legal protection of intellectual property rights

Issues of legal protection of intellectual property rights

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.

The Impact of Replicas and First-Copy Products on Authentic Products: An Exploration in the Apparel Industry

The purpose of this study is to find out the impact of replicas and first copies on authentic products. Replicas and first copy products are unauthorized and are designed to mimic the original products and confuse the customers. Replicas has a great influence on customer’s mind and this has a significant effect on the sales of authentic products. The reason for this is that consumers prefer to pay lesser amount for these replicas than paying premium for the original thing. Therefore, this has led to decrease in revenue of companies that produce these authentic products. However, there has been an argument about this as some of them state that replicas and first copy products would help in generate interest in particular brand and this can serve as a gateway for more expensive and premium purchases in the future. The impact of replicas and first copy products are therefore complicated and multifaceted and it depends on various factors such as consumer behaviour, market strategies and the overall health of the market. The fashion industry grapples with the pervasive issue of replicas and first-copy products, which undermine the authenticity and integrity of apparel brands. This abstract delves into the multifaceted impact of replicas on authentic apparel, considering perspectives from consumers, brands, and ethical considerations. Counterfeit alternatives tempt consumers with discounted prices, eroding brand identity and aspirational value. Brands face threats to intellectual property rights and reputation, while ethical concerns arise from exploitative labor practices and environmental degradation. By exploring motivations, vulnerabilities, and proposing mitigation strategies, this research aims to inform stakeholders and foster solutions in combating the detrimental effects of replicas on the apparel industry. Counterfeit alternatives allure consumers with enticingly discounted prices, thereby undermining the distinctiveness of brand identity and eroding the aspirational value associated with genuine products. Concurrently, brands are confronted with formidable challenges concerning the protection of intellectual property rights and safeguarding their reputation against dilution and imitation. Moreover, ethical dilemmas emerge from the prevalence of exploitative labor practices and environmental degradation inherent in the production of replicas. By delving into the underlying motivations that drive consumer behavior, identifying vulnerabilities within the market, and proposing robust mitigation strategies, this research endeavors to provide valuable insights to stakeholders within the fashion industry. Through an informed understanding of the intricate dynamics at play, it is hoped that this study will catalyze collaborative efforts aimed at combating the detrimental effects of replicas and first copies on the apparel industry.

Digital government and regional innovation

This study examines the effect of digital government policies on regional innovation levels. The findings indicate that implementing a digital government policy significantly boosts the number of patent applications per capita. Digital government policies are particularly effective in regions with advanced marketization, robust intellectual property rights protection, superior network infrastructure levels and supportive business credit conditions.

STATE REGULATION OF THE ICT SECTOR IN UKRAINE IN THE CONTEXT OF TECHNOLOGICAL TRANSFORMATION OF THE ECONOMY

The paper deals with the understanding of government strategies for regulating the ICT industry. The purpose of the study is to rationalise the directions of government regulation of the ICT industry in Ukraine in the context of technological transformation of the economy. Using the methodology of descriptive statistics, the authors revealed the rapid growth of the number of employees in the ICT industry in Ukraine. The authors conclude that, from the point of view of state regulation, given the fact that employment has proved to be the main factor in the success of exports, it is necessary to prevent the outflow of labour from Ukraine. This is confirmed by the competitive advantages gained by Ukrainian ICT workers in the global market, namely: price – the cost of Ukrainian coders' services is close to the prices of Indian coders and seven times less than the cost of coders' services in the US; diversity and high quality of technological competencies that allow flexible implementation of high-level ICT projects; its own research and development base, as well as materials and technologies for the implementation of complex knowledge-intensive projects, flexibility in the use and distribution of necessary resources; cultural and geographical proximity to Europe. Based on this, strategies for interaction between the state and the ICT sector are being developed. First, the state needs to create favourable conditions for the sustainable development of the industry, including reforming legal norms, improving investment policy, modernising labour legislation, strengthening the protection of intellectual property rights, and ensuring the return of labour from abroad. Second, to create comfortable conditions to reduce the outflow of intellectual resources abroad and strengthen Ukraine as a brand in the IT sector in the eyes of the international community. The main strategies for the formation of mechanisms for state support of information services are as follows: the emergence of a modern IT infrastructure accessible to all, improving the quality of information services; a strategy for creating a regulatory framework for the effective use of the network economy; a strategy for creating state indicators of the development of the network economy; a strategy for creating information security in network systems.