Intellectual Property System Research Articles

Book Review: The Copyright Thing Doesn’t Work Here: Adinkra and Kente Cloth and Intellectual Property in Ghana

The Copyright Thing Doesn’t Work Here: Adinkra and Kente Cloth and Intellectual Property in Ghana, by Boatema Boateng, is an excellent case study of the uneasy fit between the global intellectual property (IP) system and postcolonial contexts, as well as a great introduction to challenges in the field for readers seeking more just IP systems. IP makes creative work legible for certain kinds of ownership: it arbitrates who can copy what, and ideally gets somebody paid. But who? The answer, in the case of adinkra and kente cloth, is often not the artisans but the nation-state that claims the work as collectively “Ghanian,” and factories in Asia that scale up production of the designs for their own, cheaper textiles. “IP” overrides the significance of the cloth to its producers and their understandings of copying, appropriate remuneration, and authorship.

Analysis of virtual simulation training teaching problems of intellectual property law based on real working situations

This article aims to take AI intelligent training software and real business drills of intellectual property as the training mode to carry out intellectual property-related training in fields such as data intellectual property creation, application, management, transformation, and education, and truly achieve the educational goal of integrating science, education and industry. First, innovate the intellectual property training platform. Through AI question-and-answer led by digital human images, introduce front-line practical experts in the field of intellectual property into the virtual simulation training teaching process, build a training scene for the entire chain protection of intellectual property and real working situations, and improve the practical effect of training and cultivating intellectual property talents. Second, deepen the social service system of intellectual property. Project team members guide students and trainees to actively participate in patent navigation, patent group projects, pilot projects, intellectual property protection projects, etc., exercise and promote the continuous improvement of the social service capabilities of various intellectual property talents. At the end of the article, it is proposed that while intellectual property law teaching adapts to the development needs of the digital age, it should take the construction and teaching application of a virtual simulation experiment platform in real work situations as the core, respond to the practical needs of social practice work, and improve students' ability to adapt to society. The organic integration of AI technology, digital human technology and practical training teaching of intellectual property law has certain reference significance for the realization of the metaverse vision.

THE CONCEPT OF THE SYSTEM OF LEGAL PROTECTION OF OBJECTS WILDLIFE AS A RESULT OF INTELLECTUAL ACTIVITY

The problems of the legal regime of the results of creative activity related to wildlife and humans have acquired special scientific significance and practical value in many countries, including Russia and Kazakhstan. Therefore, research on the development of concepts for the adaptation of the intellectual property law system as a sub-branch of civil law, the definition of the legal regime of new wildlife objects resulting from intellectual activity, and their integration into the already existing legal system, have a strategic level of state tasks aimed at achieving a balance of public and private interests, especially in the field of biomedical technologies and genomic experiments that create very significant risks not only for the living humanity, but also for future generations. Taking into account the above, this article presents the results of a scientific analysis conducted in order to develop a theoretical concept for building a system of legal protection of wildlife objects as the results of intellectual activity and to make proposals for improving legislation in the field of intellectual property law. Based on the results of the study, it is proposed to modernize the system of law in the field of intellectual property in terms of objects of wildlife, including new objects in addition to existing breeding achievements, namely: strains of microorganisms, genetically modified organisms, biomedical cell products, genomes, and other results of intellectual activity created using human and animal biomaterials, including birds, fish and other representatives of fauna, and provide them with an independent legal regime. The revision of the last object "other results ..." allows you to leave the list of wildlife objects open in order, if necessary, to introduce another innovative object into the intellectual property system, providing it with an appropriate legal regime, without additional changes to the law.

Science should save all, not just some.

Discussions around global equity and justice in science typically emphasize the lack of diversity in the editorial boards of scientific journals, inequities in authorship, "parachute research," dominance of the English language, or scientific awards garnered predominantly by Global North scientists. These inequities are pervasive and must be redressed. But there is a bigger problem. The legacy of colonialism in scientific research includes an intellectual property system that favors Global North countries and the big corporations they support. This unfairness shows up in who gets access to the fruits of science and raises the question of who science is designed to serve or save.

Challenges of the Intellectual Property System in Pharmaceutical Innovations Resulting from Artificial Intelligence

The patent system has long been criticized for limiting access to medicines. Dramatic advances in artificial intelligence and machine learning technology present a revolutionary opportunity in drug discovery, formulation and testing of dosage forms. The pharmaceutical industry claims that patenting is necessary to encourage innovation in the risky, lengthy, and costly research and development (R&D) process. But it still does not provide logical evidence about the actual effects of patents on innovation. The increasing use of artificial intelligence in research is intensifying the debate about pharmaceutical patents. Inventions created or enabled by artificial intelligence raise questions about patentability and patent policy in general. Faster and more efficient research and development weakens the justification for pharmaceutical patents. Research findings suggest that despite the necessity of continuing incentives for drug research and development, lawmakers should consider alternative systems that prioritize access alongside incentives to advance healthcare as a human right.

Protection of Agricultural Genetic Resources in China

The protection of agricultural genetic resources, which represents a core element in the agricultural intellectual property (IP) system, will play an important role in realizing China's Rural Revitalization Strategy. In order to substantiate the need for improved agricultural property protection in China, the article examines existing issues in this area, including a weak understanding of IP protection on the part of rural people, imperfections in the existing legal framework, a lack of creative personnel working in the IP, inadequate support from government and other departments, as well as a lacking innovation mindset on the part of entrepreneurs. Proposed approaches for improving the legal awareness of agricultural genetic resource protection include increasing professional competencies in the aforementioned area and ensuring the participation of rural people in the protection of their agricultural genetic resources.

THE AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS (TRIPS)

he paper delves into the development and intricacies of international legal frameworks for intellectual property (IP) rights protection and commercialization, focusing on agreements like the Paris and Berne Conventions. It outlines the evolution from initial measures safeguarding industrial property to broader copyright and trademark protections, facilitated by entities such as the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO). The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is highlighted for establishing minimum standards for IP protection and enforcement, integrating provisions for dispute resolution, and managing the balance between IP holders' interests and the public good. TRIPS' role in addressing challenges posed by differing national norms and its efforts to mitigate IP rights abuse through limitations and exceptions, known as the Three-Step Test, are emphasized. This analysis underscores the importance of a fair and balanced IP system that promotes global innovation and creativity, acknowledging the need for a harmonious integration of varied national laws within the global trade and IP protection landscape.

Enabling equitable and affordable access to novel therapeutics for pandemic preparedness and response via creative intellectual property agreements.

The COVID-19 pandemic demonstrated that the current purely market-driven approaches to drug discovery and development alone are insufficient to drive equitable access to new therapies either in preparation for, or in response to, pandemics. A new global framework driven by equity is under negotiation at the World Health Organization to support pandemic preparedness and response. Some believe that the global intellectual property (IP) system itself is part of the problem and propose a purely Open Science approach. In this article, we discuss how existing IP frameworks and contractual agreements may be used to create rights and obligations to generate a more effective global response in future, drawing on experience gained in the COVID Moonshot program, a purely Open Science collaboration, and the ASAP AViDD drug discovery consortium, which uses a hybrid, phased model of Open Science, patent filing and contractual agreements. We conclude that 'straight to generic' drug discovery is appropriate in some domains, and that targeted patent protection, coupled with open licensing, can offer a route to generating affordable and equitable access for therapy areas where market forces have failed. The Extended Data contains a copy of our model IP policy, which can be used as a template by other discovery efforts seeking to ensure their drug candidates can be developed for globally equitable and affordable access.

Status and SWOT Analysis of the Internalization of Operations of S Electronics Company, Ltd.

S Electronics Company Ltd. demonstrated a well-defined management structure, agile organizational design, and a commitment to superior customer service, forming the foundation for its global expansion in markets like Vietnam, Thailand, and India. The company's diversified product portfolio, including cutting-edge connectors, strategically positioned it, supported by robust technological development and financial stability. A SWOT analysis highlighted its competitive edge while emphasizing the need to address weaknesses for successful internationalization. Opportunities for market expansion, technological advancements, and financial growth were identified, alongside threats in the global business landscape. Strategic planning leveraged SWOT analysis to enhance strengths, mitigate weaknesses, capitalize on opportunities, and counteract threats. Opportunities offered pathways for market expansion, technological prowess, and overall competitiveness. Threats related to trade policies, exchange rates, intellectual property, cultural disparities, and legal systems underscored international business complexities. Adherence to trade, intellectual property, tax, anti-monopoly, and labor regulations formed a strategic shield against risks, contributing to sustained growth. Prioritizing cultural intelligence ensured effective operations in diverse contexts and maximized global workforce productivity.

Research on the Impact of Environmental Protection Tax on Green Technology Innovation of Enterprises

Research on the Impact of Environmental Protection Tax on Green Technology Innovation of Enterprises

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.

ОСОБЛИВОСТІ ВИКОРИСТАННЯ ТЕХНОЛОГІЇ БЛОКЧЕЙН У СФЕРІ УПРАВЛІННЯ ІНТЕЛЕКТУАЛЬНОЮ ВЛАСНІСТЮ

The article discusses the current view on the use of blockchain technology in the field of intellectual property management. Today, blockchain is actively used in various business areas, mainly to improve business processes and reduce costs. The main advantages of blockchain are related to the elimination of intermediaries, data reliability, trust and transparency. Storing transaction information without the need for third-party involvement allows transactions to be completed faster and at lower costs. In today's intellectual property system, licensing, identification of the right holder, investigation of intellectual property rights infringements, and other actions related to the management of intellectual property rights are mostly performed by third parties. Blockchain eliminates the need for such intermediaries, which reduces the cost of managing intellectual property rights. In addition to all of the above, there are a number of potential problems associated with the technical specifics of the blockchain: immutability of the entered data; blockchain is the subject of controversy due to high energy consumption associated with "mining"; most of the existing publicly available consensus mechanisms in blockchain systems rely on the presence of cryptocurrency in the system, which makes it difficult to develop applications not related to the concept of cryptocurrency; the lack of cryptocurrency-independent consensus mechanisms for public blockchains makes it difficult to separate them from "digital coins". There are also problems with using blockchain that are not specific to the intellectual property sector: the speed of processing blockchain transactions is significantly slower than traditional transaction platforms such as VISA or PayPal); lack of proper regulatory support in the blockchain sector; lack of planning for legal requirements on early blockchain platforms.

Clarify Artificial Intelligence (AI) decisions models rights in Intelectual Property (IP) system

The paper explores the relationships between Artificial Intelligence (AI) and Intellectual Property (IP) system of rights protection. The discussion clarify the characteristics of IP system, who is the registered owner, what is the registration object, and where the registration takes place. The research seeks WIPO's advice and the general trend of AI experts' discussions and tries to dig deep into definitions and meanings. The research also shows the mainstream explication why AIs not entitled as owner of an IP. In other case AI’s integrated into a process or a digital product a AI tool to solve a well-known problem, it is part of the organization's management and resources. Thus, innovation's certification belongs to the company or the public organization that sponsored it. The result of the research shows a summary framework of all the rights when used as a tool for decisions and risk of assuming AI as a system or as a model to support decisions specially for Public Administration.

The Disclosure Requirements of Software Patents: Suggestions for Developing Countries

This is a research study of available options of Intellectual Property (IP) protections for software in the present IP systems, in most of the countries including copyright and patent protection. Each type of IP protection has its own advantages and limitations like enablement of subject matter for registration requirements, scope of rights conferred and period of protection etc. The trends and demands of software industry for the grant of patents protection for Computer Implemented Inventions (CIIs) were also discussed. The present research paper discusses a best mode of technical disclosure, more than an algorithm, of software patents and additional recommendations are also given as a solution to the technical problem of a suitable IP protection for software. A sui generis IP protection was suggested as a best option for a composite IP protection covering all aspects of advanced software inventions.

Decoding Patent Procedures: International Protocols and Innovation Protection in Georgia

This investigation explores the complex processes of obtaining patent rights, concentrating on Georgia’s changing environment and compliance with global accords. A significant turning point in the country’s dedication to preserving intellectual breakthroughs has been reached with the founding of the National Intellectual Property Center of Georgia, or “Sakpatenti”. From the difficulties faced by its forerunner, “Patentcenter”, to the extensive patent statute, Georgia’s path demonstrates its commitment to upholding international standards. The discourse adeptly navigates the difficulties in acquiring patent rights, highlighting the impact of the Paris Convention and the technical nuances delineated in the Patent Cooperation Agreement. Examining Georgian innovators’ ability to seek patent rights through an international application—thereby expediting cross-border processes—is an important component. The connection between patent systems globally is evident in the global procedure’s ability to facilitate the protection of inventions. In conclusion, the procedures outlined grant exclusive rights and ensure the balance between innovators’ rights and public knowledge dissemination. Georgia’s harmonization with international norms underscores its commitment to fostering innovation and contributing to the global knowledge economy. The exploration of patent procedures reflects the dynamic nature of intellectual property systems in the face of technological advancements and international cooperation.

Basics of implementation of the standards of international agreements in the sphere of international trade by Ukraine

The latest international trade is characterized by serious, radical changes - the creation of a global information space, where the main products of production are information and knowledge, and information technologies penetrate almost every sphere of economic activity. International treaties become the main source of legal regulation of relations arising in the field of international trade.
 It has been established that the future development of Ukraine's economy directly depends not only on determining the directions of transformation of legal relations in the field of international trade, but also on how Ukraine directly implements the provisions of current international treaties in the field of international trade, in particular in such an important field as intellectual property - international agreements are the determining factors of the competitiveness of the country's economy, the most valuable capital that determines the strategy and tactics of our country's development, the most important driver of innovation.
 It was found out that today, the states have come to the realization that without solving issues related to the international regulation of relations in the field of intellectual property, without concluding international agreements in this field, it will be impossible to promote any object of intellectual property in the world. It is substantiated that all the specified international treaties regulating intellectual property as an object of trade transactions, to which Ukraine has joined, form an interconnected system of international trade relations. The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) occupies a special role among the system of these international agreements. The implementation of the TRIPS Agreement in Ukraine progressed in parallel with radical changes in the ways of using intellectual property in trade and the growing use of the international intellectual property system. Currently, Ukraine is at the final stage of institutional reform in the field of intellectual property - the State Organization «Ukrainian National Office for Intellectual Property and Innovations» (UANIPIO) has been established; its powers, scope and directions of its activity are established; the right to represent Ukraine in international and regional organizations, etc.
 Ukraine is an active participant in international trade processes and the corresponding main international legal acts in this area, which increases the interest of our state in optimizing and improving the standards, norms and provisions that regulate it. Judicial practice has confirmed that international treaties are an integral part of national legislation.

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

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

How does intellectual property system affect technology entrepreneurship: evidence from Chinese prefecture‐level cities

Technology entrepreneurship plays a pivotal role in bolstering regional economic vitality, with the intellectual property rights (IPR) system serving as a fundamental safeguard for entrepreneurs' intellectual achievements. Using panel data encompassing 260 prefecture‐level cities in China from 2006 to 2019, we employ the count of registered technology‐based enterprises to construct an indicator of technology entrepreneurship and consider China's IPR policy as a quasi‐natural experiment to examine the impact of the IPR system on technology entrepreneurship. The findings reveal that the pilot policy can significantly stimulate technology entrepreneurship displaying a periodically dynamic promotional effect. This conclusion remains reliable even after undergoing rigorous robustness tests. The mechanism analysis demonstrates that the pilot policy can stimulate technology entrepreneurship by enriching the technological knowledge base and providing financial guarantees. Notably, while the policy's impact on technology entrepreneurship increases with the expansion of the city scale across different scenarios, no discernible regional disparities emerge. This study provides a new perspective on the relationship between the IPR system and entrepreneurship, offering valuable insights into improving the IPR framework in emerging developing countries.

Unwinding NFTs in the shadow of IP law

AbstractAmid the surge of intellectual property (IP) disputes surrounding non‐fungible tokens (NFTs), some scholars have advocated for the application of personal property or sales law to regulate NFT minting and transactions, contending that IP laws unduly hinder the development of the NFT market. This Article counters these proposals and argues that the existing IP system stands as the most suitable regulatory framework for governing the evolving NFT market. Compared to personal property or sales law, IP laws can more effectively address challenges such as tragedies of the commons and anticommons in the NFT market. NFT communities have also developed their own norms and licensing agreements upon existing IP laws to regulate shared resources. Moreover, the IP regimes, with both static and dynamic institutional designs, can effectively balance various policy concerns, such as innovation, fair competition, and consumer protection, which alternative proposals struggle to provide.

Intellectual Property and Security in the Integrated Circuits Industry

The production of integrated circuits (IC) is key to the development of the world economy. The system of intellectual property offers different means of protection for the products of the IC industry. Those are mainly the patents for inventions, registration of topologies of ICs, trade secrets, copyright. The economics of the IC industry in the late 20th century moves different processes in different regions of the world. This economic reality provides an opportunity for those companies to invest heavily in R&D, to create valuable intellectual property and to develop a competitive advantage. The historical development of integrated circuit manufacturing, the development of the main companies involved in the sector and the existing supply chains, raise a number of questions that are related to the concentration of innovation and intellectual property, the potential problems for global supply and economic development, as well as the steps towards overcoming those problems.