International Intellectual Property Rights Research Articles

Transfer of ESTs in international law: A climate justice approach

Early industrialization of the developed countries has enabled their leadership in technological innovation, including environmentally sound technologies. ESTs are technologies that help prevent, control, or reduce greenhouse gas emissions. Endorsed as an integral part of climate action, a binding obligation to ensure access for global south to these technologies remains missing from international environment law and international intellectual property rights law. Transfer of technology also faces certain economic barriers such as lack of infrastructure and human resources that enable adoption and absorption of ESTs. Moreover, there exists ideological differences between developed countries and developing and least developed countries regarding mechanism of technology transfer, creating an impasse in international negotiations to achieve EST transfer. In this paper the author has attempted to reframe the discussion on transfer of ESTs through a climate justice perspective. An incorporation of the practical aspects of the common but differentiated responsibilities of the developed countries into the TRIPS regime, in the form of binding obligations to technology transfer and financial assistance, or relaxations in patent protections, may provide adequate resolution. A balanced and rational approach to EST transfer, beyond the exigencies of global politics, is necessary for the continued prosperity of the Earth.

Development and Promotion Strategies of Chinese Agricultural Products in the Context of International Trade: Based on the Perspective of Intellectual Property Protection

In today's globalized economy, the means of economic competition between countries has shifted from relying primarily on tariffs and quotas to relying on talent, intellectual property rights and technical standards. The decisiveness and influence of international intellectual property rights on international trade is becoming increasingly obvious. As a big agricultural country, China possesses a large number of special agricultural products and is also a big exporter of agricultural products, so the protection of intellectual property rights of Chinese agricultural products is particularly important. Since the promulgation of the Agreement on Intellectual Property Rights (IPR), the United States will be linked to international trade and intellectual property protection and as a reason to continuously improve the international intellectual property protection standards. At present, China's agricultural products in international trade there are still many difficulties, from the perspective of intellectual property rights, mainly manifested in the lack of protection of agricultural patents, agricultural products, geographical indications. This paper will start from the beginning, with intellectual property protection as the entry point, analyse in the new situation of international trade in China's agricultural products development and promotion strategy.

ANALYSIS OF INTELLECTUAL PROPERTY RIGHTS (IPRS) AND THEIR EFFECT ON SMALL & MEDIUM ENTERPRISES (SMES) WITH REFERENCE TO CHINA, PAKISTAN AND INDIA

Innovation and creativity are always fueled by intellectual property rights (IPRs) which is directly related to legal system of any country. It also boosts your competitiveness and generates new jobs. When utilized by others, the creativity of authors, architects, explorers, and many other IPR consumers is protected and benefited by IPR. Inventions, designs, developments, and literary works are all protected by intellectual property rights (IPRs). Besides, both developing and developed countries face significant difficulties when it comes to preserving copyrighted material. Most nations have separate laws in place to safeguard their rights to intellectual property. Although there are some significant differences among China, India and Pakistan's judicial systems for protecting intellectual property but still are relatively comparable to those of advanced economies. The examination of intellectual property rights protection in China, India and Pakistan is indeed the goal of this academic research. The policies governing IPR protection in these are also discussed in this study. In order to illustrate and explain the variations in IPR safety evaluations, this paper also launches a comparative analysis of international IPR rankings. The numerous elements that affect the inadequate preservation of property and intellectual property rights in these countries are also listed and discussed in this paper.

The Role of Arbitration in Protection the Owner of Famous Trademark from the Degital Environment Infringment

Purpose: The aim of this study is to help consumers to move towards choosing specific goods and services that are better suited to their sense and needs by relying on the trademark of the commodity or service that has been taken as a website address for the promotion of goods or services. Theoretical Framework: The infringements on the rights of owners of famous trademarks taking addresses to e-commerce sites for the purposes of advertising and promoting goods and services offered by such websites or even bargaining the owners of famous trademarks for large amounts of money for ceding the registered website address. Arbitration has emerged as an effective means for resolving intellectual property disputes, including the ownership disputes of famous trademarks, and providing civil protection for the rights of their owners. The effectiveness of arbitration is derived from many advantages achieved by this means for the litigation parties, in particular the owner of the well-known trademark compared to litigation as an original and traditional means of resolving trademarks’ disputes. Particularly, Arbitral awards in the mentioned cases have been rendered just and fair to the extent that they support the stability of global trade. Design/Methodology/Approach: The nature of this study assumed the adoption of the descriptive analytical approach to the provisions of the arbitration and trademark legislation recently promulgated in the United Arab Emirates in comparison with provisions adopted by some of the legislation enacted in other states and provisions decided upon by international intellectual property rights organizations and conventions. Findings: The result of this study is the reputation of the trademark is a presumption of the bad faith of the owner of the website who used that trademark as a name of the website which was registered in the digital environment, while the arbitral tribunal’s direction should be towards the good faith presumption of the respondent, in the case preceding the registration of the website, and the date of registration of the trademark. Research Practical and Social Implications: The study is being prepared to address numerous challenges faced by the owners of renowned brands, including the ease of registering websites with names of such brands without conditions or regulations that prevent such abuses. Originality/Value: The value of this study is being the first study to be conducted in the UAE. Besides, the examination of the role of arbitration in protection the owner of famous trademark from the digital environment infringement adds new knowledge to the academicians.

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.

Intellectual Property Rights and Protection: A Comparative Analysis of Pakistan and China

Invention and creativity are always driven by intellectual property rights (IPRs). Additionally, it boosts competitiveness among nations and generates new employment opportunities. The work of authors, artists, inventors, architects, and other IPR users is protected and benefited by IPR. After all, both developed and developing countries face significant difficulties when it comes to preserving intellectual property. The protection of the intellectual property is provided by several international laws. A number of principles are used by international law to affirm the protection of intellectual property. In addition, most nations have their own laws in place to safeguard their intellectual property rights. All of these national and international intellectual property rules, however, will be worthless if not implemented properly. The examination of intellectual property rights protection in China and Pakistan is the aim of this research work. To illustrate and describe the variations in IPR protection assessments, this study also compares international IPR indicators of both countries. This study's findings indicate significant differences between the IPR index and the final outcomes. All IPR indicators reveal that China has substantially done better than Pakistan in recent years, although outcomes range greatly from 2011 to 2022. The study recommends that policymakers should explore options for bilateral or multilateral cooperation in this field.

Protection of intellectual property and human rights during health emergencies: an assessment of the patent waiver proposal

Purpose Several countries, such as South Africa and India, believe that intellectual property rights (IPRs), including patents, impede the efficient increase in vaccine production to inoculate the global population as they scramble to recover from the COVID-19 pandemic. Their proposal at the World Trade Organization (WTO) to waive these pharmaceutical patents has been met with resistance from a few developed countries, who believe that the abrogation of IPRs is unnecessary, even during a pandemic. The purpose of this paper is to discuss the impact of a potential waiver of medical patents at the WTO versus the status quo of IPR laws in the global economy. Design/methodology/approach This study examines key arguments from economic and moral standpoints regarding the provisions of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement and other related international agreements and their validity based on the premise of the internalisation of positive externalities posed by vaccines. Findings The effectiveness of the TRIPS agreement in securing medical access is weak on account of the ability of profit-making multinationals to secure IP rights and on account of the Trans-Pacific Partnership, a multilateral agreement that supports patent evergreening and a period of protection on test data which challenges the access to medicines and the fundamental human right to health. Originality/value This study examines international IPRs through the lens of human rights and proposes a new system that balances the two.

Development of Legislation in the Field of Intellectual Property in Modern Conditions

Russia is a subject of international intellectual property rights protection. It is a territory of exclusive rights to the results of intellectual activity established by international treaties and federal laws are valid. However after beginning of a special military operation and sanctions pressure, the question about correction of the Russian system of intellectual property rights protection in relation to unfriendly countries has become more relevant. Сonsolidation of national security and increasing the country’s technological independence are not always compatible with the principles of protecting the rights of foreign copyright holders that remain in Russian legislation. The state protects domestic producers from foreign copyright holders, and legalizes parallel import. But these mechanisms do not work in full force due to the fact that Russian courts actually continue to protect the right of unfriendly countries to intellectual property in equal volume with Russian copyright holders. This article proposes to consider some measures to protect the rights and interests of the Russian Federation, its citizens and entrepreneurs, including the revision of Russia’s international obligations in the field of intellectual property and the formation of new law enforcement and judicial practice. Also the process of sovereignization of the Russian model of intellectual property rights protection we can see the development of modern technologies with affects of creating the results of intellectual activity and the methods of legal protection of its results. Thus, the achievement of the goals of state policy in the field of intellectual property is also possible by introducing new digital technologies into the state regulation of intellectual property at the federal and regional levels.

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.

A Comparative Analysis on the Protection of Property Rights and the Intellectual Property Rights: a Pak-Chinese Legal Perspective

Intellectual property rights (IPRs) always drive invention and creativeness. It also creates new employment and makes you more competitive. Intellectual property rights protect and benefit the work of writers, artists, designers, discoverers, and other IPR users while they are being used by others. Intellectual property rights (IPRs) help protect ideas and creative works developed by inventors, designers, developers, and writers. After all, protecting intellectual property is one of the major challenges for both developed and developing nations. There are numerous international laws that protect intellectual property. International law employs several guidelines and recommendations to confirm the protection of intellectual property. In addition, most countries have intellectual property laws. Maximum countries have their own legislative powers to protect their intellectual property rights. But if not done properly, all these international and domestic intellectual property laws will be valueless. The legal system that China and Pakistan follow to protect their intellectual property is very similar to the legal system of developed countries but also has some main variances. This research paper attempts to examine the assessment of IPR protection in China and Pakistan. This research paper also describes IPR protection procedures in China and Pakistan. In addition, this article initiates a comparison of international IPR indexes to demonstrate and describe the variances in IPR protection assessments. This article also lists and describes the various factors that influence the lack of proper protection of property and intellectual property rights in both countries.

Medical Countermeasures for Pandemic Response and Intellectual Property Rights

Abstract The current article addresses the question of whether and under which circumstances access to medical countermeasures against pandemics, such as COVID-19, may constitute a community interest under international law. First, the intertwined concepts of global public goods and community interests are fleshed out. Second, the analysis expounds whether the protection against pandemics, including immunization, can be framed as a community interest, and which obligations would result. Third, the relationship between community interests and intellectual property rights as enshrined in international law is explored. Fourth, the conclusions try to reconcile the goals of international intellectual property rights and the protection against pandemics. Positive obligations to furnish medical countermeasures may not attain the consent of a sufficiently large number of states. Nevertheless, articulating the protection against pandemics as a community interest should entail obligations to refrain from resorting to international intellectual property law to impede developing patent-protected medical countermeasures in other countries.

The Intellectual Property Turn in Global Health

International intellectual property (IP) law for pharmaceuticals has fundamentally shifted in the twenty-first century from a property-centric to a human rights view. Scholars tend to explain this transformation in the context of both the power struggle between developing and developed countries, and the influence of a social movement that criticized IP rights as hindering access to essential medicines. Yet, these explanations leave out the central role of two international organizations, the World Trade Organization (WTO) and the World Health Organization (WHO), and particularly their permanent staffs, whose boundary disputes have shaped international IP law at the intersection of trade and global health. Bringing into conversation historical and legal literatures on global health and IP, this article traces how a human rights perspective on IP emerged as a strategy to reconcile the WHO staff’s sociomedical views of health with an increasingly dominant set of global IP rules. It shows how the WHO staff used the language of economics—an analytical frame favored by the WTO—to advance a then unorthodox economic understanding of IP as a type of governmental regulation. This allowed the WHO to argue that states should enjoy regulatory autonomy to curtail IP rights in order to meet broader state objectives, such as human rights protection. Paradoxically, despite their divergent views on the nature of IP, both WTO and WHO engagement with it heralded the emergence of a new technocratic view of global health that focuses on patentable medicines and technologies, and that has ultimately turned away from the WHO’s sociomedical roots.

Искусственный интеллект и интеллектуальная собственность

In the article, prepared on the basis of the author’s plenary report presented at the XII International Forum “Innovative Development through the Intellectual Property Market”, held in Moscow at the MSLA on October 30, 2020, issues arising in the field of intellectual property rights in connection with the development of artificial intelligence systems and their impact on the development of legal relations in the economy and culture of modern society are considered. Aspects of mutual policies in the field of intellectual property rights and the development of artificial intelligence systems for the development of innovation and creativity are discussed. Questions of copyright and ownership are raised and proposed in the interaction of man, collective and artificial intelligence or artificial intelligence systems. Issues related to artificial intelligence as an object of intellectual property are considered. The position of the author on the legal personality of artificial intelligence to intellectual property objects created by autonomous artificial intelligence systems is presented, which is expressed in the answers to the questions of the project of the World Intellectual Property Organization to the wide discussion of interested parties, planned for 2020 at the headquarters of the World Intellectual Property Organization in Geneva. The main conceptual principle of the author on the issues of the planned discussion is to grant the right of copyright and ownership of intellectual property objects created by autonomous artificial intelligence to a dressed subject — a person or collective, a developer of artificial intelligence with fixation of the latter as a sub-subject or instrument of the subject. Traditional categories of intellectual property rights are also discussed, such as patentability and the inventive level of property in connection with the possible generation of these objects by artificial intelligence. Issues related to data, its generation, fabrications and legal relations regarding data are considered. It is proposed to harmonize international intellectual property rights policies to reduce the technological gap between countries in the context of artificial intelligence development.

CƏMİYYƏTİN MƏDƏNİ HƏYATINDA İŞTİRAK ETMƏ HÜQUQUNUN REALİZƏSİNİN DİGƏR HÜQUQLARLA QARŞILIQLI ƏLAQƏSİ

As one of the basic human rights, the right to participate in the cultural life of community is intertwined with the number of human rights. When we analyze both the norms of international law and domestic norms, we see this feature of the law. Thus, in the norms of international law, creative freedom and intellectual property rights are considered together with the right to participate in cultural life. Although the Constitution of the Republic of Azerbaijan specifies the rights mentioned separately, the content of these norms connects these rights. Thus, both literary and artistic, as well as scientific and technical activities, which are part of creative freedom, are considered participation in cultural life. The implementation of these two activities creates intellectual property rights. Key words: human rights, intellectual property rights, cultural rights, right to participate in cultural life of community, information right, cultural right

Intellectual property and essential medicines in the COVID-19 pandemic

Global justice theorists have widely discussed how the international intellectual property rights regime (i.e., the TRIPs regime of the World Trade Organization) makes it more difficult to achieve the goal of universal access to generic (and more affordable) vital COVID-19 treatments (including potential COVID-19 vaccines). This article argues that while patents can impose certain barriers to universal access to generic COVID-19 treatments, the TRIPs regime itself is an integral part of an equitable global solution to the pandemic. More specifically, it argues that article 31bis of the TRIPs, in allowing for a cooperation strategy predicated on complementary importing and exporting of vital COVID-19 generic treatments, is key for successful pandemic suppression. By providing a normative interpretative analysis of article 31bis in light of the ethical requirements of global justice, and by responding to possible objections to its core argument, this article substantiates the ideal of multilateral solidarity among nations. In times of crisis—not only a crisis of global public health, but also a crisis of multilateralism—this complementary cooperation strategy that article 31bis allows for shows a way forward in upholding the global common good that the international legal order seeks to safeguard.

The impacts of trade‐related international intellectual property rights on domestic legislative debates: Evidence from the 104th to the 112th U.S. Congresses

AbstractDespite the large body of literature on the connection between intellectual property rights (IPRs) and trade at the international level, less attention has been paid to the impacts of such rights included in preferential trade agreements (PTAs) on domestic legislative debates. This article contributes to filling this gap by analyzing debates in the U.S. legislature where the IPRs included in PTAs were referred to. We consider the 1995–2012 period (104th to 112th Congresses). We also analyze trade laws enacted by Congress over the period. The data suggest that the IPRs negotiated with foreign partners affect Congress voting on the concession of trade promotion authority to the president. They may also trigger urges for adjustments to trade agreements and be tapped into by members of Congress to advocate for changes to domestic patent legislation. The importance placed on IPRs by members of Congress was not consistent over time and across parties. These results suggest that theoretical explanations of the U.S. trade policy must account for the diversity of views at the domestic level and for how such often divergent sentiments translate into policies, as framed by the domestic laws and institutions in place.

Intellectual property and artificial intelligence

Issues, arising in the field of intellectual property rights in connection with the development of artificial intelligence systems and their impact on the development of legal relations in the economy and culture of modern society, have been considered. Aspects of mutual policies in the field of intellectual property rights and the development of artificial intelligence systems for the development of innovation and creativity have been examined. Questions of copyright and ownership in the interaction of man, collective and artificial intelligence or artificial intelligence systems have been raised and proposed. Issues related to artificial intelligence as an object of intellectual property have been considered. The position of the author on the legal personality of artificial intelligence to intellectual property objects created by autonomous artificial intelligence systems has been presented, which is expressed in the answers to the questions of the project of the World Intellectual Property Organization to the wide discussion of interested parties, planned for 2020 at the headquarters of the World Intellectual Property Organization in Geneva. The main conceptual principle of the author on the issues of the planned discussion is to grant the right of copyright and ownership of intellectual property objects created by autonomous artificial intelligence to a dressed subject – a person or collective, a developer of artificial intelligence with fixation of the latter as a sub-subject or instrument of the subject. Traditional categories of intellectual property rights also have been considered, such as patentability and the inventive level of property in connection with the possible generation of these objects by artificial intelligence. Issues related to data, its generation, fabrications and legal relations regarding data have been considered. Harmonization of international intellectual property rights policies to alleviate the technological gap between countries in the context of artificial intelligence development has been examined.

Economic Rationale for National Treatment in Intellectual Property Protection When Countries Have Different Innovation Technologies

ABSTRACT National treatment (NT), a practice of governments granting the same patent protection to all inventors regardless of their national origin, is a main feature of international agreements on intellectual property rights (IPRs). In this study, we examine the economic rationale for NT in international IPR agreements. By comparing the equilibrium of a noncooperative patent policy game under a non-NT regime and that under an NT regime, we find that NT in IPR protection reduces global welfare when countries have different innovation-generating technologies. We suggest that a role of NT may be to enhance fairness among countries.

David Clark: Defender of Human Rights and Breastfeeding.

On September 10, I had the pleasure of interviewing my friend and colleague David Lawson Clark, the legal advisor for infant and young child nutrition and expert on the International Code of Marketing of Breast-milk Substitutes at UNICEF. A native of Scotland, David began his career as an attorney with the Scottish Development Agency and subsequently worked for the United Nations Interregional Crime and Justice Research Institute in Rome, Italy. Since 1995, David has assisted more than 60 countries in drafting legislation to implement the International Code of Marketing of Breastmilk Substitutes and has been instrumental in bringing a human rights-based approach to the protection, promotion, and support of breastfeeding. He has contributed to the development of international policy guidelines in the area of HIV and infant feeding and infant feeding in emergencies, and has provided guidance on issues around international trade agreements and intellectual property rights. David has written and contributed to many articles and publications on health and nutrition policy, developed courses and training materials on the implementation of the International Code and maternity protection, and has facilitated numerous workshops on the issue. (LGS refers to Dr. Laurence Grummer-Strawn and DC are the verbatim responses of David Clark).

Protecting Intellectual Property Rights and Traditional Ecological Knowledge: A Critical Look at Peru's Law 27811

The Peruvian government's Law N. 27811, an intellectual property law passed in 2002 and designed to register and protect traditional knowledge, provides productive opportunities for critical analysis. Framed within the trajectory of international intellectual property rights and discussions that complicate the integration of Traditional Ecological Knowledge (TEK) into Cartesian scientific frameworks, this paper critically examines how the Peruvian law has been implemented and its impacts in Indigenous communities, particularly in the Andean Amazon region. The analysis is based on the author's work assisting Indigenous communities in San Martin register their knowledge through this law. While the law represents an advanced legal attempt to address power inequalities, it remains problematic. It does not address the impoverishment of Indigenous Peoples and continues to subordinate Indigenous TEK to Cartesian science. Although it is a symbolic recognition of the value of Peruvian Indigenous Peoples, other mechanisms are still required to redress the long history of colonization and racism.