Intellectual Property Rights System Research Articles

Text mining as a facilitating tool for deploying blockchain technology in the intellectual property rights system

Text mining as a facilitating tool for deploying blockchain technology in the intellectual property rights system

Protection of Design Patents in China and Comparison with European Union Law: How Foreign Companies Can Protect Their Design Patents in China

This paper is mainly focused on a specific aspect of Chinese intellectual property law: design patents and utility models related to foreign companies, especially in automotive and fashion industries. It aims to analyze and examine the protection of design patents and utility models featuring in foreground real cases in China and involving foreign companies, especially European and Italian companies. Holders of intellectual property rights and possible solutions to their cases are the focus and objective of this paper: how foreign companies can face these issues through the existing Chinese intellectual property law and, when Chinese law is not satisfactory enough or when there is a lack, trying to find new possible solutions and suggestions which might be beneficial for foreign companies. Considering interests and concerns which involve foreign companies and their products in the subject matter, Chinese intellectual property law has evolved in the past few years in order to safeguard foreign companies from infringement of their rights, which became quite frequent. Currently the aim of Chinese intellectual property law is not only to prevent lawsuits between foreign and local companies, but also the infringement itself by local companies. Comparing Chinese intellectual property law with European provisions concerning intellectual property rights system, the objective is trying to understand the differences and mostly the advantages that one system can show more than the other one, finding new strategies and remedies, such as updates and solutions that might be useful to insert in the current Chinese intellectual property system and which might be efficient and functional for foreign companies’ business in China as well as to protect their intellectual property rights in the best way.

Text mining as a facilitating tool for deploying blockchain technology in the intellectual property rights system

The aim of the study is to introduce a new application of machine-learning techniques (text mining, clustering and classification) and the blockchain technology within the intellectual property rights (IPRs) management system. Using such machine-learning techniques facilitates the management process of intellectual properties (IPs) and makes it more efficient. Additionally, using the blockchain technology for IPRs management purposes enables all stakeholders to utilise the extracted data of the IP objects from the blockchain network. In this study, a text-mining technique was used to identify the two types of IP documents based on specific categories, namely, patent and trademark. In order to achieve this objective, a range of machine-learning techniques was used for 5,500 patent documents and 400 trademark documents. The results of the logistic regression model showed a high level of prediction accuracy of document type at the pre-registration stage on the blockchain network. This high level of prediction accuracy demonstrates that using machine-learning and text-mining techniques will facilitate the IPRs management system. This new application of specific machine-learning techniques in the IPRs management process contributes essentially to solving the problem in a conventional IPRs system associated with rights protection and data availability.

Intellectual property rights (IPRs) for plant breeders: a review on theoretical framework and employment of DNA-based varietal authentication for claiming IPR

Plant patents (PPs) and Plant Breeders’ Rights (PBR) are two forms of Intellectual Property Rights (IPRs) granted to improved novel crop varieties. The government of the state of authority issues PPs and PBR after confirming the uniqueness of varietal identity. The uniqueness relies on distinctiveness, uniformity, and stability of the new variety. Morphological, physiological and biochemical descriptors are less capable in varietal discrimination to obtain IPR in the presence of large number of closely related varieties as the reference collections, but advanced molecular tools such as DNA fingerprinting and sequencing have high potentials to detect the uniqueness. DNA fingerprinting and sequencing have identified varietal identities of many crops such as rice, apple, wheat, and soybean revealing the potential of the successful use of molecular descriptors in granting patents or PBR. The novelty verification is the first step in the process of allowing patents or PBRs. The patent or plant variety protection office requires an application from the breeder that includes all the details of the plant variety fulfilling all statutory requirements to grant varietal ownership via a patent certificate or a plant variety protection certificate. Currently, Sri Lanka has no developed system of IPRs to allow PBR or patents for improved crop varieties. The efforts made by breeders in developing novel varieties can be justified and appreciated by granting plant varietal ownerships. For this purpose, molecular descriptors must be used instead of inefficient morphological, physiological and biochemical characters to avoid ambiguities and to clearly define the inventor of a particular variety.

Does regulation drive international research cooperation? Evidence from the pharmaceutical sector

AbstractTo what extent is an increased stringency of the Intellectual Property Rights (IPR) system apt to stimulate research cooperation between developed and emerging economies? To address this question, we empirically investigate how international joint research projects in the pharmaceutical sector are affected by the regime of IPR in force in the two countries involved in the collaboration. Looking at the joint signature of both patent documents and scientific papers by researchers located in developed and emerging markets, our investigation indicates two opposite effects: joint publications are fostered by stricter IPR rules, whereas joint patents are discouraged. A recently proposed theory provides a plausible rationale for this apparently contradicting result.

Intellectual property rights, trade agreements, and international trade

The global process of strengthening and harmonization of intellectual property rights (IPRs) systems has been intensified in the last twenty five years by the signing of trade agreements (TAs) that include chapters with intellectual property (IP) provisions and other trade-related issues. This paper provides a first exploration of whether and how the signing of TAs with IP chapters influences bilateral trade flows for a balanced panel of 110 countries and the period 1995–2013. We address methodological issues related to the assessment of the effect of TAs on bilateral trade. We use matching econometrics to evaluate the treatment of TAs with and without IP chapters. In addition, we estimate the effects of TAs on bilateral trade in a more dynamic fashion using a panel data approach based on the gravity model. Also, we perform our analysis for trade in low- and high-IP intensive products. We found that both types of TAs increase bilateral trade but TAs with no IPRs chapters have a stronger positive effect on trade. However, if we include lags to consider that TAs with IP chapters might need a longer implementation time, the net expected increase on trade is similar for both types of TAs. We also found that the effects depend on the development level of countries and on the IP intensity of products. We found a clear positive effect for developed countries, but we do not observe important gains for developing countries in all sectors and to all destinations derived from TAs with IP chapters. This raises the question of whether trade gains can compensate the effort related with IP reforms.

Kebijakan Pemerintah Dalam Perlindungan Hak Kekayaan Intelektual (HAKI) Di Indonesia

This research aims to obtain a picture of the policy in the field of intellectual property rights as well as legislation and law enforcement of intellectual Property Rights (HAKI). The increasingly high-flow of free trades that demand the higher creativity of the resulting products proved increasingly spur on the technological developments that support these needs. Along with this, it began to realize the importance of the role of intellectual Property Rights (HAKI) in supporting technological developments. This is seen from the increasingly high number of copyright, patent and trademark applications and the sufficient number of industrial design applications addressed to the Directorate General of Intellectual Property Rights, the Office of the jurisdiction and human rights. 
 By using a descriptive analysis obtained the idea that the implementation of good intellectual property rights system not only requires the legislation in the field of intellectual property right but should be supported also by Administration, law enforcement and an optimal socialization program on intellectual property Rights (HAKI).
 The results of the research show that at this time, Indonesia has had a legal device in the field of intellectual property rights which is adequate and does not contradict the provisions as required in Agreement on Trade-Related Aspect Of Intelectual Property Rights. In principle, all rules of intellectual property rights have been prepared about the interests of the Community and by the minimum provisions as required by TRIPS approval (Agreement on Trade-Related) Aspect Of Intelectual Property Rights).

Is There any Improvement in Total Factor Productivity Growth of Indian Pharmaceutical Industry after TRIPS Agreement? : Evidence from Biennial Malmquist Index

Aim: Indian Pharmaceutical Industry (IPI) has undergone a massive makeover–from a modest beginning of “process patents regime” in the seventies to a modern and WTO compatible regime under the Trade Related Intellectual Property Rights System (TRIPS) in 2005. This paper estimates Total Factor Productivity Growth (TFPG) of Indian Pharmaceutical Industry (IPI) using firm level data from 2000 to 2013. Design / Research methods: We have used nonparametric approach of Data Envelopment Analysis (DEA) using Biennial Malmquist Index. Conclusions / findings: The results of estimation suggest an increase in overall TFPG of IPI after TRIPS agreement and also those vertically integrated firms involved in both bulk drugs production and formulation activities are less productive compared to firms that are involved in production of only bulk drug or formulation activity. Originality / value of the article: This paper examines whether productivity of IPI has increased after 2005 i.e. after the period of TRIPS, by estimating TFPG for two sub-periods, i.e., from 2000 to 2005 and 2006 to 2013. Implications of the research: The decomposition of TFPG suggests that for overall period 2000-2013, scale changes are the most important factor causing the productivity changes and among the other two alternative sources of TFPG, efficiency change dominates over technical changes. For the sub-period 2006-2013, the improvement in the scale efficiency may push the firms to a higher TFPG, whereas for 2000-2005 the better utilization of factors of production is the main driver of TFPG. A second stage panel regression suggests that R&D expenditure, Marketing expenditure, Market size, Capital-Labour ratio, import intensity and export intensity have positive and significant influence on TFPG.

Intellectual property rights, imitation, and development. The effect on cross-border mergers and acquisitions

ABSTRACTIn this paper, we analyze whether the recent global process of strengthening and harmonization of intellectual property rights (IPRs) affects decisions of cross-border mergers and acquisitions (M&As). We investigate if IPRs have a differential effect across sectors of different technology content and for countries of different development level. Also, we study how imitation abilities of target countries interact with the tightening of IPRs. Using data for the post-TRIPS period (1995–2010), we estimate an extended gravity model to study the bilateral number of M&As, including a measure of the strength of IPRs systems on target countries and a set of control variables usually considered as determinants of M&As. The estimation results verify the gravity structure for M&As and show that IPRs –and enforcement– influence decisions of cross-border M&As in all sectors regardless of their technological content. However, IPRs are more important in countries with high imitation abilities and in sectors of high-technology content. Furthermore, a strengthening of IPRs leads to a larger increase of M&As in developing countries than in developed countries. These results call the attention on the possible implications for least developed economies and challenge the adequacy of a globally harmonized IPRs systems.

National innovation system and protection of intellectual property rights of Ukraine in the context of international ratings

The article is devoted to define Ukraine's position in international ratings aimed at assessing the development of innovation activities and protection of intellectual property rights within the countries. Intellectual Property Right Index, Global Innovation Index, Bloomberg Innovation Index, Global Competitiveness Index, Innovation Union Scoreboard and Global Talent Competitiveness Index for 2018 are considered, especially, the position of Ukraine in such a rankings. The correlation between the movements of Ukraine along the global rating lists and updates implemented into the legal framework in addition to current socio-economic situation are investigated. The macroeconomic and institutional factors that prevent Ukraine’s innovative potential and level of competitiveness from being gradually grown up on the world’s market of intellectual property are revealed.

KEBIJAKAN PEMERINTAH PADA BIDANG PERLINDUNGAN SUMBER DAYA GENETIKA LAUT DI INDONESIA DALAM RANGKA MENJAGA DAN MENGELOLA SUMBER DAYA ALAM LAUT

Indonesia is a country that has a wealth of marine genetic resources of interest to researchers and scientists to do research in order to produce findings and new innovations. Thus, the necessary arrangements are clear and unequivocal. The implementation of the system of intellectual property rights requires not only good legislation in the field of intellectual property, but also need to be supported by the Administration, the rule of law as well as the optimal dissemination programs about intellectual property rights. At present, Indonesia has had a device regulation in the field of intellectual property that protects marine genetic resources, namely Act No. 13 of the year 2016 about patents. Since the year 2000, the filing of the application for intellectual property rights can be made at the offices of the Ministry of Justice and human rights areas. This can be seen with the promulgation of Act No. 13 of the year 2016. Through this Act an awful lot of refinement and the addition of the former patent laws i.e. Law No. 14 of the year 2001. As for the formulation of the problem in this research is how Government policy in the field of the protection of genetic resources of the sea in Indonesia in order to maintain and manage the natural resources of the sea. The results showed that decisive action from the Government in preventing violations of patents in the form of damages for Patent holders that have been used by other parties without permission from the patent holder. It also ordered the violators with stops in producing goods that have been patented.

Performance Evaluation on Intellectual Property Rights Policy System of the Renewable Energy in China

With the intensive consumption and price rising of traditional fossil fuels, the development and utilization of renewable energy has attracted worldwide attention. Meanwhile, due to enhanced energy constraints and increasingly grim greenhouse gases, many countries all over the world have been developing renewable energy technologies to promote sustainable growth economically. Intellectual property rights (IPR) policy linked to renewable energy provides institutional guarantee for the development of renewable energy industry and technology. This study works to test the performance of IPR policies of renewable energy industry in China. We employed Cobb-Douglas production function and built on a quantitative policy indicator measurement system over the period from 2004 to 2013 to evaluate the impact of IPR policy of renewable energy industry on innovation and market development in China, which provides an all-round study on the IPR system by clearing up all IPR policy system that is related to the renewable energy industry. The results of Multiple Regression Models indicated that the current IPR policy of renewable energy industry are disconnected from China’s reality because the innovation ability of the renewable energy industry has not been improved rapidly and that both the market transformation ability and market prospect of new energy technology patents are weak.

Beyond access and benefit‐sharing: Lessons from the law and governance of agricultural biodiversity

The concept of fair and equitable benefit‐sharing emerged in the early 90s as a corollary to the principle of national sovereignty over natural and genetic resources. In the context of agricultural biodiversity use, it can be conceptualized in three ways: as a defensive tool to balance the injustices enshrined in the intellectual property rights system; as a development tool to reap part of the benefits of the emerging biodiversity market; and as an incentive, to reward and enable farmers' continued contribution to conservation. This article seeks to assess the potential of the concept in operationalizing fairness and equity in agricultural biodiversity governance, in an increasingly complex legal and policy landscape of conflicting rights and policies. It briefly explains its emergence in the context of the evolving principles of governance of agricultural biodiversity; and analyses the structure and application of the Multilateral System of Access and Benefit‐sharing established by the International Treaty on Plant Genetic Resources for Food and Agriculture in the framework of intellectual property‐ and human rights‐related processes. Identifying linkages, challenges and key lessons, which are useful for a wide range of processes within and beyond the international environmental law realm, it concludes that the concept falls short of its promises. It thus calls for imagining new dialogues and concepts to redefine the boundaries between what must remain in the public domain, what may be managed as a commons and what may be privatized.

PANORAMA RECIENTE DE LA CREACIÓN Y EVOLUCIÓN DE LOS DPPI EN CHINA

En el artículo se analiza la construcción del marco institucional que ha creado China, desde la reforma y apertura económica de finales de la década de los setenta del siglo xx para desarrollar y ajustar su sistema legal a la propiedad intelectual, en todas sus modalidades, al estándar internacional. Igualmente, se describen las etapas por las que ha atravesado China para diseñar y construir dicho marco institucional. Se postula que China sólo logrará convertirse en una economía de desarrollo económico medio en este siglo, si construye un marco institucional ad hoc a su dinamismo económico, ya que, de no garantizar el derecho a la propiedad intelectual, no podrá mantener su liderazgo reciente en la solicitud de marcas y demás denominaciones de la propiedad intelectual, que es la base de la economía global. Se concluye, con el análisis de los retos principales que deberá enfrentar China, para convertirse en una economía del conocimiento plena.

Research and Enlightenment of Intellectual Property Insurance

Insurance is a tool for diversifying risks and reducing losses, and is also a reasonable means for risk management under market economy conditions. In daily life, individuals and companies are also exposed to infringement or litigation risks when they exercise intellectual property rights. This will bring huge economic burdens to individuals or businesses. Currently, intellectual property infringement cases in China are on the rise every year. Intellectual property insurance is an insurance system established for the purpose of infringement of intellectual property rights, compensation for intellectual property litigation costs and damages. At present, intellectual property insurance is practiced in many countries. The author introduces foreign intellectual property insurance legal system such as United States, Britain and Japan, also the present situation of intellectual property insurance in China, especially a series of practices in intellectual property insurance field in China. Therefore, under this background, the studies and analyzes current situation of intellectual property insurance of these countries are necessary for China to establish a legal system, which will help China to form a protective system of intellectual property rights of legal relief, administrative arbitration and economic compensation, it has some advantages, it should be as an important part of China’s intellectual property strategy.

Intellectual Property Rights, Trade Agreements, and International Trade

The global process of strengthening and harmonization of intellectual property rights (IPRs) systems has been intensified in the last twenty five years by the signing of trade agreements (TAs) that include chapters with intellectual property (IP) provisions and other non-trade-related issues. This paper provides a first exploration of whether and how the signing of TAs with IP chapters influences bilateral trade flows for a panel of 122 countries and the period 1995-2013. We address methodological issues related to the assessment of the effect of TAs on bilateral trade. We use matching econometrics to evaluate the treatment of TAs with and without IP chapters. In addition, we estimate the effects of TAs on bilateral trade in a more dynamic fashion using a panel data approach based on the gravity model. We perform our analysis for trade in low- and high-IP intensive products. We found that both types of TAs increase bilateral trade. However, TAs with no IPRs chapters have a stronger positive effect on trade, while TAs with IP chapters have a stronger effect if we include lags to consider that they might need a longer implementation time. We also found that the effects depend on the development level of countries and, to a lesser extent, on the IP intensity of products. We found a clear positive effect for developed countries, but we do not observe gains for developing countries in all sectors and to all destinations derived from TAs with IP chapters. This raises the question of whether trade gains can compensate the effort related with IP reforms.

Overseas Talents Backflow under the Level of IPR Based on the View of Technology Backward Countries

Under the significant hypothesis of Dustmann (2011) — double skilled talents, this paper will divide the overseas talents into two types which are independent innovation talents and imitate innovation talents, and then construct an overseas returnee gravitation model under the system of intellectual property rights. This model will analyze the influence of the system of intellectual property rights on the backflow of overseas talents. Results show that overseas talents backflow will be influenced by output elasticity of independent innovation and imitate innovation, meanwhile which will also be influenced by the number of innovation type contained by the overseas returnee. Under the condition of intellectual property rights protection promotion continually, the more output elasticity of independent innovation in home country and the more independent innovation endowment within overseas talents, the bigger attraction they reture to mother country.

LOCAL PEOPLE PARTICIPATION ON INTELLECTUAL PROPERTY RIGHTS PROTECTION OF CIREBON BATIK

Legal protection of batik art owned by local communities cannot be totally implemented in the legal system of intellectual property rights. The implementation of legal awareness by batik artisans in protecting the traditional knowledge and use of legal effort for the protection of intellectual property is still low. This study was conducted to analy z e the participation of local people in the protection of intellectual property rights of Cirebon batik. This study employed qualitative research methods. Based on the results of the study, it is concluded that Cirebon local government ha ve provided legal co u nseling on the protection of intellectual property rights yet the participation of batik artisans is still low due to the assumption of batik as communal property. Hence, local regulations are necessarily needed to assure intellectual property rights of Cirebon batik. Keywords: Community Participation, Intellectual Property Rights, Cirebon Batik

Intellectual Property and Patent in Cosmetics

Intellectual property is briefly the knowledge of somebody owns that gained importance in today’s business strategy. A patent is a license of exclusive rights granted by a state to the holder to an invention, design or process for a period of time. Intellectual Property Rights (IPR) in the field of cosmetics are often; patents, trademarks and trade secrets include formulations and production techniques. Research & Development (R&D), innovation, technology transfer, patent, establishing quality systems, branding and benchmarking are the important factors that must be considered for sustainability of the cosmetic sector. In the scope of sustainable economy and thus economic growth of a country R&D, Research & Technological Development (RTD) and innovation activities need to be encouraged and supported by effectively protected IPR systems. Negative effects of infringements of IPR to consumers, right owners, legal businesses and states can be listed basically as health risks arising from using unsafe products, decreasing the encouragement of innovation, loss of jobs and money. Especially determining the critical steps in the life cycle of products and checking their legality is efficient at fighting with counterfeiting and IPR crimes. Cooperation of competent authorities and right owners has great importance of detecting infringements of intellectual property rights and counterfeit products and conducting an effective legal process.

Kozmetikte Fikri Mülkiyet ve Patent

Intellectual property is briefly the knowledge of somebody owns that gained importance in today’s business strategy. A patent is a license of exclusive rights granted by a state to the holder to an invention, design or process for a period of time. Intellectual Property Rights (IPR) in the field of cosmetics are often; patents, trademarks and trade secrets include formulations and production techniques. Research & Development (R&D), innovation, technology transfer, patent, establishing quality systems, branding and benchmarking are the important factors that must be considered for sustainability of the cosmetic sector. In the scope of sustainable economy and thus economic growth of a country R&D, Research & Technological Development (RTD) and innovation activities need to be encouraged and supported by effectively protected IPR systems. Negative effects of infringements of IPR to consumers, right owners, legal businesses and states can be listed basically as health risks arising from using unsafe products, decreasing the encouragement of innovation, loss of jobs and money. Especially determining the critical steps in the life cycle of products and checking their legality is efficient at fighting with counterfeiting and IPR crimes. Cooperation of competent authorities and right owners has great importance of detecting infringements of intellectual property rights and counterfeit products and conducting an effective legal process.