Intellectual Property System Research Articles

Intellectual Property and Investment Protection: A Misleading Equation

Without any doubt, important investments are often needed to generate creative outputs. However, the intellectual property (IP) system does not protect them as such; investments are only indirectly protected through the possibility to exploit and monetize the rights granted to a creator as a counterpart to the collective enrichment generated by the access to his new work. If the investment (however substantial) does not lead to a creative output, no protection is granted. This short opinion article tries to demonstrate that the progressive paradigm shift of intellectual property to an investment-protection mechanism is probably at the core of most of the current problems faced by the IP system. The very much debated question whether copyright can be granted to an AI-generated output is a good example. The classical author-centered approach of the IP system is rather straightforward: only humans can be creators. However, if you consider IP as an investment-protection mechanism, then it is not illogical that the investor in the AI could be considered the sole beneficiary of IP protection, even without any human intervention. This paper argues that in order to regain its proper function, its fair balance and its social acceptance, a progressive elimination of the investment protection rationale in intellectual property law is needed. Having IP undergo such an arguable radical therapy is possible and could be done by a proper constitutional framing of IP within the right to science and culture or even freedom of expression. It would give help shaping an ethical framework for IP by both safeguarding the link between the creators, their productions and society, while at the same time enabling the originators of the creative output to receive fair remuneration for work.

The Development and Approach of the Appeal Trial Mechanism of China’s Intellectual Property Cases : Centering on the Establishment of a Modern Intellectual Property Appellate Court

The establishment of the Intellectual Property Court of the Supreme People’s Court is the beginning of China’s formal establishment of a national-level intellectual property appeal hearing mechanism; however, this is only a trial and not a final judicial system reform, and future development and approaches need to be further explored. From an international perspective, the establishment of an intellectual property appeal court has become an international trend and consensus; in the local thinking, the establishment of an intellectual property appeal court is more conducive to the realization of the goal of building a large judicial system of intellectual property than the existing mechanism, and it does not hinder the maintenance of public welfare and self-interest. Finally, the innovation of the intellectual property appeal hearing mechanism is far from insufficient only by the establishment of specialized courts. In the evolution of modernization, it also needs to be equipped with corresponding judicial system and trial team, so as to essentially form the centralized and professional judicial effect of intellectual property appeal trial to improve trial efficiency and unify judgment standards.

A strong and stable IP system incentivizes tools to combat COVID-19

The American Chemical Society Committee on Patents and Related Matters (CPRM) provides information and guidance to ACS and the broader chemistry community about patent and other intellectual property (IP) issues. During the pandemic, the world witnessed the power of science and innovation, including the creation of mRNA vaccines. The rapid deployment of these technologies was made possible by years of innovations incentivized by IP systems worldwide. This system has always played a vital role in incentivizing the discovery, development, and commercialization of novel scientific technologies that benefit not only those rewarded with IP rights but also the public. However, some have argued that our IP system is a hindrance and has contributed to the worldwide vaccine shortage, particularly in developing countries. At an October 2020 World Trade Organization (WTO) meeting, India and South Africa proposed waiving certain IP protections provided by the WTO Agreement on Trade-Related Aspects of Intellectual Property

Features of Intellectual Property Rights Management as Part of the Business Strategy of the Company. Trademark Licensing

The owner’s property right of material objects like products, which are part of а company’s portfolio, usually transfers to another individual in the process of their commercialization and more specifically in their purchase and sale. Тhings are not the same when we talk about owner’s rights of Intellectual property. Due to the non-material form of the objects, which are part of the system of Intellectual property, for example trademark, owners can keep their property right of trademark although it is commercialized. This is possible through the opportunity for licensing. In short, the owners provide their right of Intellectual property to a third party under mutually agreed terms. In return, the third party makes different forms of payments. Do we know how to take the maximum of this opportunity and more specifically when we talk about trademark licensing which is a part of our business strategy? The purpose of this publication is to give answers to some fundamental questions.

Video game in the system of intellectual property: the concept and features of legal protection

Keywords: video game, intellectual property law, computer program, software, digitalinformation, electronic information, multimedia work, audiovisual work
 The article is devoted to thestudy of the legal understanding of video games as an object of intellectual propertyrights. The author concludes that video games constitute digital information, whichgreatly facilitates their development, however, complicates the protection of intellectualproperty rights. There is a contradictory connection between the concepts of«electronic (digital) information», «audiovisual work», «computer program» and «literarywork», which establishes some uncertainty in the protection of video games,namely, what should be understood by these concepts in terms of law.The author found that the use of the latest technologies to improve the visual componentbrings the video game even closer to the game audiovisual object, which increasesthe complexity of the process of protection of intellectual property rights. However, thecurrent situation with the use of the term «computer program» in the context of protectionof intellectual property rights to video games does not cover all features of the latter,covering only the main program among the software recording and operation of thegame, such as audiovisual content. Therefore, there is a need to use the generalized conceptof «software» as opposed to the narrower concept of «computer program». In thiscase, in the absence of at least one of the characteristics of the multimedia work, the computerprogram should be referred to the scope of legal regulation of software.The author proposed to understand the video game as object of intellectual propertylaw in the following manner: multimedia work expressed in the form of digital(electronic) information, the principle of which is determined by the algorithms of thesoftware provided for installation in the memory of computer devices.In general, the digital nature of video games presupposes a revision of existing approachesto the protection of intellectual property rights, which may be aimed atweakening the regulatory function of the law where it is possible to regulate the relationshipby more flexible means.

Ground-Level Pressing Issues at the Intersection of AI and IP

Humankind has always sought to solve problems. This impetus has transformed hunters and gatherers into a society beginning to enjoy the fruits of the fourth industrial revolution. As part of the fourth industrial revolution, and the increased computing power accompanying it, the long-theorized concept of artificial intelligence (“AI”) is finally becoming a reality. This raises new issues in myriad fields—from the moral and ethical implications of replacing human activity with machines to who will own inventions created by AI. While these questions are worth exploring, they have already received a fair amount of coverage in popular and theoretical writing. This paper will take a different direction, focusing on the current and near-future issues arising on the ground at the intersection of AI and intellectual property (“IP”). After providing a brief overview of AI, we will analyze legal issues unique to AI, including access to data, patent requirements, open source licenses and trade secrecy. We will then suggest best practices for obtaining and preserving IP protection for AI-related innovations through the United States and European Union IP systems. By addressing these issues, the intellectual property system will be better positioned to do its part in unlocking AI’s immense potential.

International legal regulation of copyright and related rights protection in the digital environment

The purpose of this article is to identify changes in the nature of the challenges and analyze key trends in international law regulation of copyright and related rights protection in the digital environment. It is established that the digital environment forms the newest type of legal relations, which requires modification of copyright legislation. International experience on the latest trends in copyright and related rights protection in the digital environment has discussed. It has established that the key trend of modification international legal regulation of copyright and related rights in the digital environment there are stricter measures to restrict online sales of pirated books, audiovisual products and electronic publications. Particular attention has paid to combating copyright infringement on social networking platforms, as well as in the field of online education, training, e-commerce. It has proved that to improve the mechanism of combating crime in the field of intellectual property it is necessary to modernize the national intellectual property system: improving the regulatory framework, improving the institutional framework and infrastructure, as well as conducting comprehensive educational work with users of this system

Industrial Intellectual Property as the EU’s Innovative Development Factor

The article addresses correlation between the use of different intellectual property objects and the general goals of innovation policy of the EU. The subject of the research is industrial intellectual property along with trademarks and patents for inventions. The research period is limited to 2010‒2019. Based on the data from annual European innovation board and analysis of the dynamics of the activity of the EU member states in the field of intellectual property, the author identifies a group of EU countries that have the biggest potential in the use of the stipulated industrial property. It is show that trademark protection is mostly used in the medium and high-tech industries of the sample countries. However, there is a certain differentiation in the scale and dynamics of its application. Moreover, the author points out a high interest of the third countries such as USA, Japan and China in obtaining competitive advantages in the EU market through registration of a trademark in the European Union intellectual property office. The unified patent system in the EU is still at the preliminary stage as the most used national patent systems within the EU are the German and the French ones. The analysis demonstrates advantages of intellectual property systems in the Netherlands and Sweden. The author concludes that the successful implementation of the EU innovation policy through the creation of a system of exclusive industrial property rights is under way.

Hologram Technology and Copyright Between Evoking the Past and The Present Crisis in Lights of Copyrights Legislations and International Agreements

This paper analyses the multiplicity of the increasing use of holograms in live shows, which has created legal problems with regard to the protection of copyright and publicity rights. Holographic performances that use content without receiving the copyright holder's permission are considered copyright infringement. Infringement is the use of the image, voice, and likeness of celebrities, whether dead or alive, without the permission of the celebrities themselves or their rights. In addition, celebrities can regulate the commercial use of their photos and identities through copyrights protection, which prohibits their name or presence from being used. Therefore, holographic performance producers need to proceed with caution in using pre-existing celebrity material and images. On the other hand, investments and attempts have been made by producers to create holographic performances. Their time and money commitment should be compensated not only financially from income from success, but also from the security of intellectual property systems.

In the service of secrecy: An enveloped history of priority, proof and patents

This article is about an everyday paper object: an envelope. However, as opposed to most other flat paper containers, the enveloppe Soleau can only be bought from L’Institut national de la propriété industrielle (INPI) in Paris. At the cost of €15 you get a perforated, double-compartment envelope allowing you to constitute proof of creation and assign a precise date to your idea or project. But the enveloppe Soleau is something much more than just a simple and cheap way by which you can prove priority in any creative domain. It is a material footprint anchored to centuries of practices associated with disclosure and secrecy, a gateway into the infrastructure of the intellectual property system and its complicated relationship to the forms of knowledge it purports to hold. The purpose of this article is to consider the making of the enveloppe Soleau as a bureaucratic document, a material device performing a particular kind of legal paperwork. In four different vignettes, the article tracks the material becoming of the enveloppe Soleau as an evidentiary receptacle, beginning by going back to early modern practices of secrecy and priority, continuing with its consolidation in two patents (from 1910 and 1911) to the inventor Eugène Soleau (1852–1929), and ending up, in 2016, dematerialized in the e-Soleau. As a bureaucratic document, the enveloppe Soleau shows just how much work a mundane paper object can perform, navigating a particular materiality (a patented double envelope); formalized processes of proof (where perforations have legal significance); the practices of double archiving (in an institution and with the individual) and strict temporal limitations (a decade). Ultimately, the enveloppe Soleau travels between the material and immaterial, between private and public, between secrecy and disclosure, but also between what we perceive of as the outside and inside of the intellectual property system.

Enhancing the Value of Patents as Corporate Assets in South Africa: How can Artificial Intelligence (AI) Assist?

Although the accounting definition of assets contemplates intangible, abstract assets such as those embodied in intellectual property (IP), South African company law largely views IP as a legal and not a business asset. This paper tentatively suggests an approach that uses artificial intelligence (AI) to mitigate weaknesses in the South African patent law relating to the absence of patent searches and examinations. It is hoped that using AI will enable the filing of quality patents that satisfy the prescribed patentability criteria. High-quality patents will allow companies to accumulate patents as corporate assets. The approach is based on the algorithmic use of AI technologies such as machine learning, natural language processing, deep learning alongside the Internet of Things, and IP analytics to strengthen South Africa’s IP system and create asset value for corporations. The paper recommends using the proposed AI technologies by companies and the Patents Office to enable the filing of high-quality patents, which will lead to the accumulation of corporate assets in the form of patents. The methodology is doctrinal, and the paper relies on recent literature on IP and AI, South African law, case law and examples drawn from studies conducted in other countries.

National security systemand issues of intellectual property

Keywords: national security system of Ukraine, subjects of the national securitysystem, threats to national security, intellectual property
 The system of national security of Ukraine is defined as the interactionof the individual, society, public authorities and local governance in the processof ensuring national security, taking into account the relationships between them andtheir environment. It is an open, dynamic, social system, the main purpose of which isto integrate efforts of the individuals, society and the state for the realization of nationalinterests, ensuring the integrity of the social organism and the ability of thestate to defend these interests.It is noted that the issue of intellectual property is an integral part of the nationalsecurity system of Ukraine, as they are present in all objects of the national securitysystem of Ukraine, and their non-compliance or violations pose a threat to these objects,including national interests in the defense sphere of Ukraine.Theoretical aspects of the national security system of Ukraine, components (elements)of this system and their relationship, the main tasks and functions of strategicsubjects of the national security system are considered. The influence of intellectualproperty on the system of threats to national security and defense capabilities ofUkraine is studied. The need to define the system of intellectual property protectionas a component of national security and defense of Ukraine and to take into accountintellectual property issues in the development of national security state policy, aswell as the importance of further research on the role of intellectual property in nationalsecurity and defense of Ukraine are defined.The structural scheme of the national security system of Ukraine is proposed. Itincludes the objects of national security; subjects of national security; threats to nationalsecurity.Insufficient attention is paid to the study of the role of intellectual property in thefield of national security, as well to the identification of threats to state security inthis area. Therefore, there is a growing need for theoretical research that would conceptuallydefine and substantiate the role of intellectual property in the field of nationalsecurity and defense.

The Use of Intellectual Property Systems in Plant Breeding for Ensuring Deployment of Good Agricultural Practices

Breeding innovations are relevant for sustainable agricultural development and food security, as new, resilient production systems require crop varieties optimally suited for these systems. In the societal debate around genetic engineering and other plant breeding innovations, ownership of patents on the technology used in the hands of large companies is often seen as a reason that small breeding companies are denied opportunities for further improving varieties or that farmers are restricted in using such varieties. However, intellectual property (IP) systems may also be used as tools to ensure the use of good agricultural practices when cultivating the resulting varieties. This paper explores documented cases in which IP systems (plant variety rights, patents and brand names) are used to promote that innovative varieties are grown according to good agricultural practices (GAP). These include effective disease resistance management regimes in innovative crop varieties of potato in order to prevent or delay pathogens from overcoming disease resistance genes, management regimes for transgenic insect-resistant Bt or herbicide-tolerant crops to prevent the development of resistant pests or weeds, respectively. The results are discussed with respect to the influence of breeders on GAP measures through various forms of IP and the contribution and role of other stakeholders, authorities and society at large in stimulating and ensuring the use of GAP.

European Union view on Personal Data in Intellectual Property Rights

The issue under investigation concerns whether personal data or personal information from the point of view of intellectual property constitutes as such a commodity or economic potential, which may be subject to alienation and registration as an object protected by the intellectual property system or represent a non-commercial object, without circulation in civil relations, with a special legal regime, connected to the fundamental human rights and freedoms. Recognition of personal data and other categories of information, related to the person (geolocation data, user-generated content) in terms of intellectual property rights as objects of civil rights, would allow the development of the data market, necessary for the functioning of innovative technologies on big data, cognitive calculations, the Internet of goods, and bringing these technologies into a legal and civilized field. The objective of the article is to appreciate whether personal data is subject to any intellectual property rights by the assessment of EU jurisprudence in line with national legal framework of the Republic of Moldova.

The Transition of Economy from Analogue to Digital in the XXI Century by the case of the Republic of Korea

The article demonstrates the impact of digitalization on the political system and economy of the Republic of Korea based on the IT-revolution of the XXI century. Research methods used include comparative, system and logical data analysis, and the investigation of the digitalization trends. Data from Korean National Statistical Office and other official open sources are used for the determination of the main digitalization trends in the Korean economy. An analysis of specific phenomena arising in the economy and society as a whole is carried out under conditions of the digital economy. The evolution of the digitalization of hardware and software in the Republic of Korea is presented. The consequences of the transition of the economy from analogue to digital are revealed in such areas as the structure of the economy and business model, economic integration and liberalization, resource allocation and balanced development of regions, the role of government, and the intellectual property system.

Does the Establishment of Intellectual Property Model Cities Affect Innovation Quality

Innovation is the internal force driving the transformation and upgrading of China’s economic structure. Intellectual property protection is one of the most important institutional arrangements for stimulating innovation. In order to strengthen the construction of the intellectual property system, China began to implement the policy of “National Intellectual Property Model Cities” in 2012, and continued to expand the scope of pilots. Although the research on the relationship between intellectual property protection and regional innovation has a long history, there are still two areas can be improved: First, few studies focus on the impact and mechanism of the construction of “National Intellectual Property Model Cities” on regional innovation. However, the discussion on the relationship between the above two has practical significance for China to accelerate the construction of an innovation-oriented country. Second, while examining the innovation effect of intellectual property protection, most of the existing studies do not distinguish between the quantity of innovation and the quality of innovation. However, the quality of innovation is obviously more representative of substantive innovation capabilities. Therefore, the core problem to be solved in this paper is, as the country’s pioneering area to promote the intellectual property system, can the construction of intellectual property model cities become the source of innovation quality?Based on the theoretical analysis, this paper uses the data of 277 prefecture-level cities in China from 2007 to 2017, combined with the difference-in-difference model to examine the effect of the establishment of model cities on innovation quality. It is found that: First, the establishment of model cities significantly improves the quality of urban innovation, and this conclusion remains unchanged after a series of robustness tests. Second, the results of the heterogeneity test show that, for cities with higher administrative levels or higher degrees of marketization, the establishment of model cities has a stronger effect on improving innovation quality, while the positive effect does not have significant regional heterogeneity. Third, the results of the mechanism test show that, the establishment of model cities improves innovation quality mainly by strengthening the strategic guidance of local governments, increasing the supply of intellectual property systems, and optimizing the allocation of innovative elements. Fourth, on the basis of using the knowledge width method to measure the quality of enterprise patents, this paper further uses the micro-level data to test the impact of the establishment of model cities on the innovation quality of listed companies. It is found that the establishment of model cities has a significant effect on the quality of invention patents, but cannot significantly affect the quality of utility model patents.The anticipated contribution of this paper is as follows: First, to our knowledge, this is the first attempt to analyze the impact of the establishment of intellectual property model cities on innovation quality, which provides new perspectives and empirical evidence for the field of innovation effects related to intellectual property protection. Second, on the basis of confirming the effectiveness of intellectual property model city construction, this paper further analyzes the characteristics of urban heterogeneity effects, and deeply explores the mechanism of model city construction on innovation quality, which can provide government departments with practical reference for policy tools. Third, in addition to the regional level, this paper further uses the knowledge width method to measure the patent quality of Chinese listed companies, and confirms that the construction of intellectual property model cities also has the effect of improving the innovation quality at the micro level, which makes the research conclusions of this paper more credible and robust.

World efficiency in the potential production of new technologies under intellectual property assets

This investigation aimed to delineate a frontier of maximum efficiency in the potential production of new technologies under the countries’ intellectual property assets, conditioned to the main research inputs (expenses in research and development (R&D) and specialized labor in research). Using data envelopment analysis, we sought to identify technical efficiency measures reached by 74 nations in the relative use of these inputs and measure the existence of possible leftovers of inefficient inputs at the end proposed here. The results elucidate the global context of the sub-optimal application of spending on R&D and the number of researchers in different degrees in time and space, which confirms the hypothesis suggested in this investigation. In this direction, some seem to seek readjustments in the bases of these inputs, moving, each period, to the most efficient specific combinations, whereas others, however, follow the opposite path. This occurs in all income strata and, therefore, regardless of economic size. However, it is still in the poorest countries that there is the greatest risk of the non-optimal use of research inputs in the sense of producing new patented technological inventions, although this is also the reality of some wealthy nations on the planet. This mismatch between the potential capacity for the production of legally protected knowledge and the one effectively used, which makes technological progress—under the mechanism of the intellectual property of these economies—increasingly late and more complex, significantly weakening the displacement of the frontier of the codifiable and its beneficial dissemination on intellectual property systems.

Towards a core unitary legal regime for Geographical Indications in the European Union digital market

... Geographical indications (GIs) are intellectual property (IP) rights facing multiple challenges. They have been evolving over recent years, gaining significant importance both economically and from a regulatory point of view. Their economic importance and relevance to the single digital market call for a regulatory effort to improve their legal framework and provide greater legal certainty to the system, to the benefit of market operators and consumers. In this regard, it is important to highlight and welcome the efforts of the European Commission to develop an ambitious scheme (quality package), which describes the value-adding characteristics of agricultural products, and also the two ongoing revisions of the system affecting GIs in the agricultural sector and the IP system as a whole. This article would like to show the importance of coordinating both reforms that affect the legal regime of GIs, without overlooking the importance of preserving differences between sectors. Even though GIs have a particular status, this does not preclude the possibility of having a common core of principles for this IP right, taking into account the differences, where appropriate.

Barriers and facilitators of traditional health practitioners’ regulation requirements: a qualitative study

# Background Regulations could create benefits and opportunities for traditional health practitioners (THPs) and traditional medicine (TM) users in this new era of traditional medicine systems (TMS) as the growing international popularity propels this. The 1978 International Conference on Primary Health Care played a significant role in recognising THPs. To date, millions of people across the globe continue to utilise THPs. The issues of safety and scientific validation led the WHO to recommend regulations of TM. This was also supported by pressures from the realisation that culture and spiritual life is associated with traditional healing. This paper seeks to understand barriers and facilitators surrounding THP regulation implementation. # Methods The qualitative research approach involved five focus group discussions sampled from five Kwazulu-Natal district municipalities (one in each district). Participants were selected using district THP councils and a snowballing technique to recruit non-functional THP councils. Data collection tools included case summaries and a focus group discussion guide. Data was analyzed using Braun & Clarke’s (2017) six-phase thematic analysis framework. # Results Themes identified included purposes of being registered with the THP council; registration being viewed as a tax collection instrument; and recognition and legitimacy of THPs. Most THPs were uncertain about why they should be registered and therefore struggled to identify benefits of being registered. Moreover, several THPs viewed registration as tactic to oppress and squeeze them to contribute towards the countries taxation system. Recognition and legitimacy were the only benefits identified, as THPs saw registration as a gateway into mainstream health and believed it would separate them from charlatans. # Conclusions THPs generally had mixed feelings about being registered; most saw very little, if any, potential benefits in being registered, except for recognition and legitimacy. THPs who found registration beneficial, remained sceptical about how it would impact their intellectual property and belief systems. Further exploration of the role of THP associations, their history and evolution and the influence they could have in driving THP regulation implementation process is warranted, especially since THPs found registering with such associations to be beneficial.

Overcoming barriers to the registration of new plant varieties under the DUS system

Distinctness, Uniformity and Stability (DUS) is an intellectual property system introduced in 1961 by the International Union for the Protection of New Varieties of Plants (UPOV) for safeguarding the investment and rewarding innovation in developing new plant varieties. Despite the rapid advancement in our understanding of crop biology over the past 60 years, the DUS system has changed little and is still largely dependent upon a set of morphological traits for testing candidate varieties. As the demand for more plant varieties increases, the barriers to registration of new varieties become more acute and thus require urgent review to the system. To highlight the challenges and remedies in the current system, we evaluated a comprehensive panel of 805 UK barley varieties that span the entire history of DUS testing. Our findings reveal the system deficiencies such as inconsistencies in DUS traits across environments, limitations in DUS trait combinatorial space, and inadequacies in currently available DUS markers. We advocate the concept of genomic DUS and provide evidence for a shift towards a robust genomics-enabled registration system for new crop varieties.