Intellectual Property Rights Regime Research Articles

A Legal Study on the Conservation of the Bell-brass Metal Industry of Rural Assam with Reference to the Problems Faced by the Artisans

A good number of rural communities in Assam possess mastery over some traditional art and craft which are very unique and are their means of subsistence. The Bell-Brass Metal industry in Assam is known since 7th century A.D. But, with the advancement of science and technology, the rights of the indigenous peoples are in the verge of disappearance. Many unscrupulous groups are trying to personalize the traditional knowledge of these indigenous peoples without giving them any recognition or financial benefit. To preserve the rights of the indigenous peoples over their crafts the Geographical Indications are available under the existing Intellectual Property Rights Regime. But, the rural craftsmen in Assam are not so aware and friendly with the laws or the legal system. Therefore, their rights are easily snatched away by many unscrupulous persons. The traditional knowledge of the indigenous peoples are the assets upon which the identity of their community depends. They have exclusive right to use these knowledge for themselves. The indigenous peoples of Assam face problems regarding protection of their traditional knowledge over Bell-Brass metal goods. The researcher made a survey in the Sarthebari, Baniakuchi and Hajo area of Kamrup which are homes to bell-brass metal good producers. Through this paper, the researcher wants to focus on the identity crisis of the indigenous peoples due to the non-recognition of their rights over their traditional crafts with special focus on the problems in Bell-Brass metal production and their conservation in Assam.

Intellectual Property Rights and Economical Development: A Brief Overview

A "strong" IPRs regime, in the sense of providing robust protection of private intellectual property rights, was not a necessary prerequisite for their economic growth, according to the historical experiences of the now-developed nations while they were growing themselves, which we reviewed. Most of them did not provide PIPRs with any real protection until quite late in their development related to life science and especially biotechnology. Even the most developed nations, like the UK and the US, didn't create robust PIPRs regimes until the middle of the 19th century (with the exception of copyright protection in the US's instance), while the less developed nations didn't establish such regimes until much later. The legal framework governing the ownership and protection of intangible works of human intelligence, such as inventions, literary and creative creations, designs, symbols, names, and pictures used in commerce, is known as the Intellectual Property Rights (IPRs) regime. This system consists of international agreements, rules, and laws that provide owners or inventors of intellectual property the exclusive right to profit from their creations or investments in them.  For the purposes of this paper, it is more important to note that all of these nations were quite willing to v30isolate the intellectual property rights (IPRs) of other nations, even when they had put in place laws protecting the IPRs. Examples include hiring illegal foreign labor, smuggling machinery, industrial espionage, violating trademark laws, allowing the patenting of imported inventions, and outright refusing to adopt the patent system (in the case of the Netherlands and Switzerland) related to life science and especially biotechnology. Some nations approached this issue in ways that can only be described. The best examples include the routine infringement of British trademarks by German producers in the late 19th century, when the nation was pressuring Switzerland to enact a patent law, and the US pressing other nations for the "improvement" of their patent laws in the lead-up to the adoption of the Paris Convention while flatly refusing to protect foreign copyrights related to life science and especially biotechnology. We talked about the issues with the dominant IPR regime that is now in place, which is centered on the patent system, and the TRIPS agreement that represents its apex. Contrary to popular belief, a "good" IPRs regime need not provide the strongest protection for private IPRs. Next, we looked at whether developing nations would likely gain from a stronger PIPRs system, particularly the one required under the TRIPS. Given that most developing nations do minimal R&D and that much of the new information they produce is not patentable, the "domestic" advantages of a stronger IPRs system—that is, an increase in knowledge production by the citizens—are probably relatively minor related to life science.

Juridical Study of Intellectual Property Rights (IPR) for Plant Variety Protection (PVP) in Improving Agribusiness Competitiveness to Support the Sustainability of Indonesia's Economic Development

Purpose: This research aims to examine IPR protection for plant varieties through the regulation of the Patent Law and the PVP Law and formulate an appropriate legal regime to increase agribusiness competitiveness to support sustainable economic development. This research provides solutions for breeders and inventors as well as the government for the weaknesses of the Patent Law and PVP Law in addition to formulating the right IPR legal regime.
  
 Design/methodology/data analysis: The research method uses normative juridical. Researchers analyzed through secondary data, comparative law methods, and historical juridical IPR theories. Researchers construct the formulation of an appropriate IPR regime system.
  
 Findings:  Researchers formulate that the PVP Law is an IPR regime system that is more appropriate than the Patent Law to improve agribusiness competitiveness. The PVP Law can accommodate the characteristics of plant varieties, the value of traditional knowledge, and farmer exceptions. However, a new legal regime system related to traditional knowledge that can accommodate special matters is needed.
  
 Originality/value: No one has examined the improvement of the IPR regime system and the establishment of a new legal regime related to "traditional knowledge" to improve agribusiness competitiveness to support sustainable economic development.
  
 Practical implications: The government needs to reassess the PVP Law, among others: (1) need to accommodate protection arrangements related to "processes," (2) affirmation of the time limit for the protection of traditional knowledge, (3) enforcement of security and environmental sustainability, (4) authority to grant compulsory licenses. In addition, it is necessary to develop new types of laws related to the protection of traditional knowledge. This research can be applied in other countries that have the same characteristics as Indonesia.

IPR of Lays variety potato – Is it a matter of public or private interests?

Learning outcomes The objectives of the case study are to provide an overview of intellectual property rights and intellectual property rights in Indian context; understand the intellectual property rights implementation and challenges for implementing it in emerging economies; understand what would be the best approach that companies can adopt when the companies face backlash in such circumstances; and explore the scope for redefining the intellectual property rights in the changing global environment. Case overview/synopsis In December 2021, the Protection of Plant Varieties and Farmers’ Rights Authority (PPV&FRA) in India revoked the plant variety protection (PVP) certificate granted to PepsiCo India Holding (PHI) for its Lays variety potato (FL-2027, known as FC-5). The FC-5 variety possessed low moisture content which made it suitable for making potato chips. The controversy started with Pepsi suing the small and marginal farmers of Gujarat for alleged patent infringement and cultivating the patented variety. Pepsi’s legal suit against nine marginal potato farmers in Gujarat initiated the dispute over how intellectual property (IP) rights are used to intimidate small, marginal farmers and its infringement of farmers’ rights. But, on the other side, the interesting aspect was how IP infringement could be a setback for the companies that made the capital investment to develop the variety. The case study discusses the backlash Pepsi faced due to this IP rights legal suit and the punitive aspects of IP rights (IPR) law. Moreover, in the context of the global pandemic, the case study helped discuss the need to redefine the intellectual property rights regime keeping in mind global welfare. Complexity academic level The case is intended for use in postgraduate-level management courses in agricultural marketing, agribusiness, international business and economics. This study can help management students understand how IPR is defined, the apparent complexities associated with it and the adverse effect of it on small and marginal farmers in emerging economies. Supplementary materials Teaching notes are available for educators only. Subject code CSS 5: International business.

Intellectual Property Rights Regime in Green Technology: Way Forward to Sustainability

Climate change crises and environmental imbalances have been a significant concern globally in recent times. The climatic changes give rise to various issues such as global warming, depletion of the ozone layer, deterioration of natural resources, soil erosion, deforestation, and more. Many international and national agreements and policies have been created to protect the environment, from the UNFCCC to the recent Paris Agreement, aiming to control rising environmental issues. However, developed and developing countries must achieve desirable results in combating climate change. Industrial and technological developments are critical reasons for environmental pollution and degradation. Progress is necessary for planned developing countries, but growth and expansions shall also consider ecological sustainability. Technology shall be novel in adapting to the changes, considering the effects it can produce on the environment. Green technology combines technology with the environment, also called environmental technology, clean technology, or sustainable technology. It is a combination of science and technology together to mitigate climatic changes and protect the environment. Green technology is the modern sustainable solution to pressing environmental concerns. India is one of the countries globally showing rapid green technology developments. The authors of this paper have tried to highlight the dire need to modify technological developments vis-a-vis environmental sustainability to protect the environment. The research paper delves into and understands the interface between clean technology’s importance and relevance for ecological sustainability and the role of patent law, particularly in dealing with issues of the environment. The paper shall also establish a harmonious relationship between patent law and its role in ensuring environmental sustainability.

Climate impact, institutional context, and national climate change adaptation IP protection rates

We study how the physical effects of climate change motivate entrepreneurs to develop and protect climate change adaptation (CCA) intellectual property (IP) in heterogeneous ways across countries. Integrating the sustainable entrepreneurship literature with the attention-based view, we show that country-level climate impact redirects managerial attention to the disruptive potential of climate change and spurs the sector into action to pursue and protect CCA-related IP. We also find that strong intellectual-property rights regulations and environmental movements in countries strengthen this effect. Our results extend the sustainable entrepreneurship literature by showing how the geography of climate impact explains how CCA IP protection efforts are distributed globally. Executive summaryWhy do entrepreneurs in some countries engage in more climate change adaptation (CCA) intellectual property (IP) protection than others? We postulate that entrepreneurs' attention is simultaneously situated in their country's climatic and institutional environments, and that these contexts shape the salience of CCA IP protection. Formally, we predict that entrepreneurs who would normally deprioritize CCA IP protection as an opportunity in the face of more urgent socioeconomic issues become more attuned to it as their country's climate impact increases. We then theorize institutional conditions that influence entrepreneurs' responsiveness to climate impact. First, we predict that stronger intellectual property rights institutions reduce entrepreneurs' uncertainty in capturing rents from their CCA IP and hence strengthen the relationship between climate impact and CCA IP protection. Second, we predict that informal institutions aligned with environmental movements increase the salience of climate impacts to corporate entrepreneurs by spurring their interests in environmental issues and hence also strengthen the climate impact-CCA IP protection relationship. Our empirical analyses using 689 country-year observations consisting of 95 countries over the period 2005 to 2015 reveal that country-level climate impact drives CCA IP protection, especially when there are strong intellectual property rights (IPR) regimes and environmental movements.

Characteristics of Litigated Patents in Weak Intellectual Property Rights Regimes

Characteristics of Litigated Patents in Weak Intellectual Property Rights Regimes

Do patents really foster innovation in the pharmaceutical sector? Results from an evolutionary, agent-based model

The role of the patent system in the pharmaceutical sector is highly debated also due to its strong public health implications. In this paper we develop an evolutionary, agent-based model of the pharmaceutical industry to explore the impact of different configurations of the patent system upon innovation and competition. The model is able to replicate the main stylized facts of the drug industry as emergent properties. We perform policy experiments to assess the impact of different Intellectual Property Rights (IPR) regimes changing the breadth and length of patents. Results tend to point against a strong patent system. Simulation experiments suggest that the extent and duration of patents shall, if anything, be set to minimum levels. This holds even when one assumes a strong response of R&D incentives to appropriability conditions and when taking into account information disclosure effects triggered by patents.

A note on disease burden and pharmaceutical R&D

AbstractWe examine the relationship between research and development (R&D) expenditures and the expected impact of diseases in a simple theoretical framework that allows for intellectual property rights (IPR) protection to be strong or weak. In our theoretical model, an agent forms an expectation of the impact of a disease using a publicly available statistic on the (population level) disease burden, such as disability‐adjusted life year. We show that a profit‐maximising firm will exert relatively more R&D effort on diseases with intermediate expected impacts. We also discuss how a weak IPR regime alters the pattern of R&D investment.

Intellectual property and the organization of the global value chain

AbstractThis paper highlights the role of intangible assets in a property rights model of firm organization with sequential production. Empirical evidence based on foreign direct investment and transaction‐level trade data of Slovenian firms reveals that the strength of intellectual property rights (IPR) protection in the supplier's location affects firms' organizational choices whenever supplier investments are sequential complements. In this case, when a firm must transmit know‐how to each supplier, and more knowledge is accrued as production moves downstream, better IPR institutions lead to lower incidence of vertical integration over outsourcing, principally at more downstream stages. On the other hand, the organizational choice is far less responsive to IPR protection for sequential substitutes. Moreover, we show that improving IPR and contracting institutions (e.g. rule of law) may have the opposite effect on firm boundaries. Our findings conform with a property rights model in which the quality of the IPR regime governs knowledge transmission along the supply chain, ultimately driving firm organization through the suppliers' incentive structure.

The exploited yet legally underappreciated apparel domain of indigenous communities: Tracing WIPO's efforts and ongoing challenges

AbstractThe International Intellectual Property Rights (IPR) regime currently endeavours to protect complex subject matters ranging from art and fashion to software. This paper will specifically examine the key international instruments (issued by the World Intellectual Property Organization [WIPO] and those applicable in the European Union) governing the apparel industry. To that end, it will analyse the different instruments governing the sector and will also highlight in brief the various initiatives undertaken by the WIPO towards facilitating and harmonising the process of protecting the different facets of the fashion sector. Further, we will look at the current statistics available on the different databases and will gauge how the sector has fared. Over the course of the paper, the authors will highlight the gap in the protection granted to garments or cloth weaving techniques belonging to indigenous communities (such fashion articles fall under the broad domain of the traditional cultural expression of a community) ranging from handlooms and handicrafts to unique textile and design prints, motifs, symbols, accessories, and so on, as compared to international fashion corporations. The existing gaps would be analysed in the current international IPR regime which makes it challenging to apply the current norms and standards of IP to elements of traditional and cultural clothing of indigenous communities. It will locate a few examples of communities utilising IPR to protect and promote their cultural heritage in the garment industry. Continuing on this tangent, the paper will look at how the IP regime can be adequately expanded to incorporate the needs and interests of indigenous communities and promote their fashion and culture. The final part of the paper will be conclusive in nature.

Pancasila Philosophical Values as the Regulation Basis of Intellectual Property Rights In Indonesia

Not only having recognition of property rights, the customs and culture of Indonesians also have a social function. As the strongest legal standing, intellectual property rights are individualistic to monopolize ownership rights over intellectual works. This right is developed in individualistic and capitalistic countries. Pancasila as the nation’s philosophy is more prioritizing the balance between rights and social functions, therefore the regime of intellectual property rights is different from the characteristics of Indonesia. Pancasila contains values for the soul of the nation and the ideals of Indonesia law. Pancasila recognizes intellectual property rights as part of the legal ideals to achieve the national goals, i.e creating public welfare. It also contains fundamental basic values that must cover the regulations, including those related to intellectual property rights. By this reason, it is necessary to develop a basis in theory and practice to balance rights and social function that reflect Pancasila as the philosophy of Indonesia people, including to limit and to exclude exclusive rights.
 Keywords: Intellectual property Rights, Pancasila; Indonesia

Winning intellectual property rights lawsuits in China

What influences foreign plaintiffs’ likelihood of winning intellectual property rights (IPR) lawsuits in an emerging economy such as China? From an institution-based view, prior scholarly debate presents two competing perspectives on the evolving IPR regime in China, focusing on the incentives of internal development and the pressures of external legitimacy respectively. We integrate these two perspectives to examine the effects of regional research and development (R&D) investment on the likelihood of foreign plaintiffs winning IPR lawsuits. We identify a direct effect reflecting the evolving economic incentives of host regions, and two mediating pathways that correspond to the legal strategies employed by foreign plaintiffs to apply external legitimacy pressure on host region legal institutions. Our analyses of a sample of 1103 IPR disputes between foreign plaintiffs and local defendants in Chinese courts from 2008 to 2017 provide support to our arguments.

The Awareness of Intellectual Property Rights (IPRs) Regimes on Small and Medium Enterprises (SMEs) of Agricultural Products Processing at Malang Area, East Java Province, Indonesia

The IPRs are dealing with the ethics of trading activities. Thus, it can affect the sustainability of business activities. The objective of this study was to identify the awareness and the knowledge of the IPRs regimes on the SMEs of agricultural products processing. The survey method was conducted on the SMEs that related to processing agricultural products, like fruit and vegetable chips, potato and tubers chips, beverages, herbs, meatballs, fried chicken, dodol, and others at Malang City, East Java, Indonesia. The qualitative method was applied for the collected data and analysis. The results showed that the SMEs employed around one to four people and the business specifications were on processed foods (77 %), beverages (5 %), and medicinal and herbal products (14 %). All SMEs agriculture processing products have a trademark/brand (100 %) for their products and 86% of the brand names were a new design made by the SMEs owners (50 %). But, unfortunately, around 64 % have not officially registered as the officer of the Directorate General Intellectual Property Rights, Republic of Indonesia. Hence, in the future need to encourage the SMEs for registering their IPRs to avoid IPRs problems and protected their innovation from infringements.

Fit for purpose? The patents regime, the Fourth Industrial Revolution, and sustainable development

Abstract This article uses data from several publicly available databases to show that the distribution of intellectual property for frontier technologies, including those useful for sustainable development, is very highly skewed in favor of a handful of developed countries. The intellectual property rights (IPR) regime as it exists does not optimize the global flow of technology and know-how for the attainment of the sustainable development goals and is in need of updating. Some features of the Fourth Industrial Revolution imply that the current system of patents is even more in need of reform than before. COVID-19 vaccines and therapies and the vast inequality in access to these has highlighted the costs of inaction. We recommend several policy changes for the international IPR regime. Broadly, these fall into three categories: allowing greater flexibility for developing countries, reassessing the appropriateness of patents for technologies that may be considered public goods, and closing loopholes that allow for unreasonable intellectual property protections.

The Knowledge Based View of the Firm: An Assessment

The knowledge-based view of the firm has gained currency in organizational theory since the 1990s. This paper evaluates it in a historical perspective, and suggests that the new theories of the firm as a receptacle of knowledge emerged in the context of the intensified knowledge communication within organizations in the early 1990s, and organizational practices that appropriated public property through the regime of intellectual property rights. This paper contends that organizational theory and practice are both in a state of dynamic mutual interaction, with theory often playing a lagging role. In other words, organizational actions precede, and are retroactively described (and legitimized) by theoretical developments. This paper subjects knowledge-based theories of the firm to scrutiny, and concludes that they resort to simplistic definitions of knowledge. Using information from other social sciences, this paper identifies some of the facets of knowledge that need to be considered in order to make the theories posited more meaningful.

The impact of intellectual property rights protection on low-carbon trade and foreign direct investments

Climate negotiations on low-carbon technology transfer have largely revolved around the role of intellectual property rights (IPR). Some countries consider a strong IPR regime to be a necessary condition for technology transfer, while others argue that it limits developing countries' access to affordable green technologies. We contribute to this discussion by assessing the effect of IPR protection on the two main channels of international low-carbon technology transfer, namely trade in low-carbon capital goods and foreign direct investment (FDI) by firms owning low-carbon technologies. Our data describe transfer through these channels among 140 countries in eight climate-friendly technology areas between 2006 and 2015. We find that stronger IPR protection in recipient countries increased transfer in six technology areas (solar PV, solar thermal, wind, heating, lighting, and cleaner vehicles), while the effect is statistically insignificant in the other two (hydro and insulation). The results differ slightly when focusing on the case of non-OECD countries. Stricter IPRs did not have a statistically significant impact on trade in low-carbon capital goods, but they accelerated FDI in almost all low-carbon technology areas.

Climate Imperialism in the Twenty-First Century

Climate imperialism has emerged as a new—and potentially even the most lethal—form of imperialism in the world economy today. Confronting it requires recognizing and dealing with all its different aspects. But it also requires addressing the monopolies of knowledge created by the global regime of intellectual property rights that has been instituted and cemented by hegemonic world powers.

What determines foreign direct investment to India's pharmaceutical sector? Intellectual property implementation versus inherent institutional strength

AbstractThe Indian pharmaceutical industry has assumed importance during the time of the pandemic. Historically, the absence of an intellectual property rights (IPR) regime in India helped reverse‐engineer products, leading to an exponential growth of the industry. This, however, disincentivised foreign direct investment (FDI) needed for innovation. The ratification of the Trade‐Related Aspects of Intellectual Property Rights (TRIPS) agreement in 1995 increased the confidence of foreign investors, allowing FDI inflow into the sector. However, we argue that the mere adoption of TRIPS is not sufficient for FDI and that its enforcement along with other institutional factors such as corruption and political stability play a crucial role. We also take into account competition for FDI among similarly placed nations, in this case from China. Methodologically, we construct a pharmaceutical patent index that measures the legal framework of IP protection specifically for the sector. An ARDL model using data from 1990 to 2019 shows that while the introduction of IPRs helped the inflow of FDI, the enforcement of these rights, as measured by the strengthening of the patent index, has led to a decrease in FDI. Interestingly, our results also show that India's own core competencies such as improving political stability while reducing corruption and trade barriers were the most dominant determinants. Through developing a concise sector‐specific patent index and taking into account institutional determinants, FDI inflow is analysed in a manner not studied otherwise.

Intellectual Property Rights in China-A Literature Review on the Public's Perspective.

Despite significant advances in terms of the adoption of formal Intellectual Property Rights (IPR) protection, enforcement of and compliance with IPR regulations remains a contested issue in one of the world's major contemporary economies—China. The present review seeks to offer insights into possible reasons for this discrepancy as well as possible paths of future development by reviewing prior literature on IPR in China. Specifically, it focuses on the public's perspective, which is a crucial determinant of the effectiveness of any IPR regime. It uncovers possible differences with public perspectives in other countries and points to mechanisms (e.g., political, economic, cultural, and institutional) that may foster transitions over time in both formal IPR regulation and in the public perception of and compliance with IPR in China. On this basis, the review advances suggestions for future research in order to improve scholars' understanding of the public's perspective of IPR in China, its antecedents and implications.