Intellectual Property Law Research Articles

The Impact of Developments in Artificial Intelligence on Copyright and other Intellectual Property Laws

Objective: The objective of this study is to investigate the impact of AI breakthroughs on copyright and challenges faced by intellectual property legal protection systems. Specifically, the study aims to analyze the implications of AI-generated works in the context of copyright law in Indonesia.
 
 Method: The research employs a normative legal approach, utilizing secondary data sources including books, legal journals, research findings, and statutory regulatory documents. The study focuses on relevant legal frameworks, such as Law No. 28 of 2014 governing copyright in Indonesia. The analysis is based on existing literature and legal documents to understand the current state of AI-generated works and their eligibility for copyright protection.
 
 Result: The research findings reveal that according to Law Number 28 of 2014 in Indonesia, AI-generated works do not meet the originality standards required for copyright protection. However, users of AI-generated works are still bound by the terms and conditions set by the AI platform, which can limit their rights to the work. The impact of AI developments on copyright law includes challenges related to determining creators and copyright holders, redefining the concept of originality, increased instances of copyright infringement, issues concerning moral and personality rights, and collaborations involving both humans and AI. Additionally, challenges related to database protection and patent protection in the context of AI are also highlighted.
 
 Conclusion: In conclusion, the advancement of AI technology introduces complexities in intellectual property law. The existing legal frameworks, such as copyright laws, need further adaptation and clarification to effectively regulate AI-generated works in the digital era. Addressing issues related to originality, creatorship, and collaborative works involving AI requires careful consideration and legal adjustments. Additionally, challenges related to database and patent protection in the realm of AI need to be addressed to ensure comprehensive intellectual property protection in the face of evolving technologies. Legal adaptation and clarification are crucial to navigating the intricate intersection of AI and intellectual property law.

Legal Position Artificial Intelligence Art Generator in Copyright Law

Artificial Intelligence (AI) art generators are disrupting the meaning of creating an artwork that has long been known. The AI art generator has features that make it easy for users to create images, simply by entering text descriptions, then the AI will produce the desired image. This creation process then raises questions about the legal position of AI on copyright contained in the image. This study discusses the legal position of AI in intellectual property law by dividing it into two options: First, how is the prospect of recognizing AI as a legal subject of copyright law, and secondly how existing law can accommodate AI as an object of copyright law. The study found that there are opportunities for AI to be recognized as a copyright subject by equating its position as a legal entity. Another alternative option is to view AI as an object of copyright only, with the note that there needs to be proof regarding originality as a requirement for copyright protection.

Intellectual Property and the Constitutional Court of South Africa: Lessons from the Deployment of Adjudicative Strategies

The Constitutional Court of South Africa recently handed down its fourth decision so far in the field of intellectual property. These decisions came against the backdrop of reforms and reform proposals concerning intellectual property rights in South Africa. These reforms and reform proposals were prompted by the need to establish intellectual property laws that are attuned to South Africa’s local context and needs, while complying with South Africa’s international treaty obligations. Parallel to South Africa’s policy and legislative agenda, this paper recognises these four decisions (referred to as the “IP quartet”) as the emergence of an intellectual property rights jurisprudence. The paper analyses the IP quartet and identifies a coherent narrative with respect to the intersection between intellectual property rights and constitutional rights and the appropriate approach to determining their real-life applications. The paper also explains this intellectual property rights jurisprudence and its contribution, and considers the adjudicative strategies employed by the Constitutional Court in applying constitutional provisions to dealing with issues involving intellectual property rights. An explanation of this jurisprudence arising from these cases will: (a) promote an understanding of the scope of intellectual property rights including the appropriate nature of their intersection with constitutional provisions (specifically fundamental rights expressed in Chapter 2 of the South African Constitution); and (b) offer some guidance to lower courts and the executive arm of government on the appropriate approach to the interpretation, conceptualization and application of the intellectual property legal framework.

Legal Strategy for Intellectual Property Protection in the Era of Open-source and Creative Commons in Indonesia

This study navigates Indonesia's shifting IP protection landscape by examining the advantages and challenges of coexisting traditional IP regimes with open-source projects and Creative Commons license. In this age of collaborative innovation, the article focuses on legal strategies for adjusting to the dynamic interplay between proprietary and open models. This study employs a mixed-methods approach, combining legal analysis, case studies, interviews, and surveys, to explore the impact of open-source dynamics, provide flexible legal solutions, and highlight the benefits and drawbacks of existing intellectual property laws. The study's findings contribute to the ongoing discussion about establishing a harmonious atmosphere that fosters innovation while upholding the rights of those who create. The creative community, lawmakers, and companies can all benefit from the recommendations.

“Artificial Intelligence”: Problems of Civil Law Qualification

Based on the civil law research methodology, the paper provides an insight into theconcept of “artificial intelligence”, its legal nature and peculiarities of transactions.The subject of research is the underlying doctrine, legal provisions on “artificialintelligence” and their enforcement practices. The research purports to lay atheoretical groundwork for the concept of “artificial intelligence” as a complex thingat law whose structure may comprise a variety of intellectual assets. The applicablecivil law regime — specifics of formalization of the underlying relationships — isdetermined by the legal nature of “artificial intelligence” as an ideal phenomenon.In view of the complex nature of the object in question, the structural system andcomparative law methods were used in the paper. In fact, the use of the structuralsystem method allowed not only to analyze “artificial intelligence” as a complexstructure but also to identify computer software as its core structural element. Thecomparative law method enabled to develop an idea of regulatory mechanism for“artificial intelligence” as well as to demonstrate the specifics of interpretation of theapplicable provisions of intellectual property law. The paper also makes use of specialmethods of inquiry such as the logical and formal methods, with the latter allowingto define the concept of “artificial intelligence” and discuss its core legal features.As a methodological peculiarity, the study combines the theoretical and empiricallevels of cognition. The use of the methods mentioned allowed to explore raisedlegal issues of “artificial intelligence” as they relate to the foundations of civil law.It is concluded that the main frequently used contractual arrangements to disposeof the exclusive right to “artificial intelligence” include the exclusive right transferagreement and the licensing agreement. The paper provides an analysis why anexception from the general rules applicable to exclusive right transfer agreementsand licensing agreements were made for “artificial intelligence”.

From defending the “opposite of property” to the fundamental right to property, the case for the application of human rights law and philosophy to the international intellectual property regime.

International intellectual property law has extended so far in scope, both substantially and geographically, that it plays a role in aggravating poverty, creating crises in access to medicine and in the exploitation of indigenous peoples’ resources, to cite a few of its impacts. This expansion of intellectual property law has been extensively criticised, most famously by “cultural environmentalists”, who compare the public domain to a natural resource which is being depleted by intellectual property rights. While this criticism aptly brings into question the international intellectual property regime, the binary it relies on, between the public domain and intellectual property, does little to address the nefarious human impacts of the regime. Instead, bringing intellectual property law within the ambit of international human rights law allows for a more comprehensive evaluation of ethical concerns and human consequences, bringing nuance that the cultural environmentalists’ public domain rhetoric lacks.

Co-Ownership of Communal Intellectual Property in Perspective Support to Regional Tourism

Purpose: The aim of this research is to determine the extent to which cross-conceptions in intellectual property rights can be resolved, and ultimately can be used to support efforts to record the legality of rights both individually and communally. The next goal is to encourage communal intellectual property to become a regional tourism commodity. Theoritical Reference: Theoretically, Intellectual Property Rights have an individual and personal nature, while communal intellectual property actually has a communal nature. So, placing communal intellectual property rules into intellectual property rights law brings about theoretical confusion. Method: The research method used uses a doctrinal approach by collecting data through literature study and then presenting it. Data were analyzed descriptively. Result and conclusion: This study found: the fact that IPR legislation in Indonesia places communally owned objects into IPR legislation, such as the inclusion of Geographical Indications containing Communal Intellectual Property in the Trademark and Geographical Indications Law, which is actually a statutory regulation. IPR invitation (personal). Likewise, the further impact is the weak potential for utilizing economic rights in the form of loss of potential tourism commodities, especially regional tourism. It is concluded that there is equalization of intellectual property legal institutions, namely the incorporation of communal intellectual property objects into intellectual property legislation. Even though this equality does not constitute equal distribution of legal principles, the resulting legal consequences weaken the economic influence of a commodity. Optimizing the economic potential of communal intellectual property, especially to support regional tourism development, will be disrupted. Research Implication: This research has implications for harmonization of the principles of intellectual property law so that they can be applied in the development of economic rights, especially in the tourism sector. Originality/value: This research is something new because it not only looks at conflicting conceptions in the regulation of intellectual property rights, but synergizes with legal benefit factors, namely the economic impact of tourism that can be achieved if.

Systematization of Ukrainian Legislation in the Sphere of Intellectual Property

The article contains proposals for the systematization of Ukrainian legislation in the field of intellectual property law, in particular the provisions of agreements and other transactions regarding the results of intellectual and creative activity. The author argues for the separation of intellectual property law into a separate complex branch of law, due to the specificity of its legal nature. It is proposed to regulate legal relations in this area in the general basic law on intellectual property law and two special laws: on copyright and related rights and on industrial property law. This will contribute to a holistic perceptionof intellectual property law and an understanding of its specifics, which will allow for proper protection of the results of intellectual, creative activity and strengthen the protection of the rights and legitimate interests of the subjects. In the general law of intellectual property, it is proposed to state the main provisions, in particular, on objects of protection, legal subjects and the content of their rights, general provisions of the agreements in the field of intellectual property law, their types and characteristics, as well as provisions on the protection of intellectual property rights. It is also important to establish the provision that not all agreements in the field of intellectual property are aimed at the disposal of intellectual property rights, and to give examples of such agreements. It is also proposed to include in the new law on intellectual property, in addition to the agreements currently provided in Chapters 75–76 of the Civil Code of Ukraine, provisions on technology transferagreements. With regard to special legislation, in addition to the existing Law of Ukraine «On Copyright and Related Rights», it is proposed to create a separate law on industrial property law, in which to specify which objects are objects of industrial property law, to allocate separate sections for each object of industrial property law, the specifics of agreementsin the field of industrial property, as well as the section on the protection of rights and legitimate interests.

Soviet Legacy of Vietnam's Intellectual Property Law: Big Brother is (No Longer) Watching You

AbstractHow did intellectual property (IP), a private right born out of European Enlightenment ideals, take root in Vietnam's socialist legal framework, and what influence does Vietnam's Soviet legacy still have on its IP law? The clandestine triumph of IP rights in Vietnam is remarkable, given the system's former propensity for collective ownership and limited private property rights. Vietnam's approach to IP rights has changed with economic liberalisation: while external pressure prompted the initial adoption of IP laws, national interest and global reputation enhancement are now driving the effort. At the height of communism in the 1980s and under Soviet domination, IP laws reflected socialist ideology and the characteristics of a command economy. Amid Vietnam's quest for technological advancement, the importance of patents has grown. However, public perceptions of the unreliability of the legal system to resolve IP disputes persist, pushing civil disputes towards the government rather than the judiciary. As Vietnam opened economically, its IP regime moved away from overt communism, but communist values are still implicitly incorporated in general principles. Today, adherence to free trade agreements, which require robust IP protection, is driving the modernisation of Vietnam's IP infrastructure.

A Critic on Legal, Ethical, and Regulatory Issues of Off-Label Medicines Shepardizing Intellectual Property Law towards Pharmacoeconomics: A Discussion of Pfizer’s Norvasc Patent Case

Purpose: Pharmacoeconomics is a pharmacy discipline designed to tackle issues on clinical, ethical, and safety factors leading to advocacy of healthcare corporate governance in fulfillment of the pillars of sustainable development. Thus, it is necessary to discuss illegal diversions of Intellectual Property of drug patents as these legal problems serve as impediments to Pharmacoeconomics. This paper aims to elucidate the advantages of Off-label medicines in favor of clinical, ethical, and safety aspects of Pharmacoeconomics towards patient safety and treatment for welfare.
 Methodologies: Quantitative measurement is crucial for validation of drug quality products. It is used for comparison of both legal and illegal diversions of healthcare corporate governance. Patent Law and its policy options are tools to measure the violations of the perpetrator under Intellectual Property Law. Meanwhile, the British National Formulary follows the Human Medicines of 2012 and communicate with FDA for the implementation of off-label medicines as policy for clinical practice under legal removal of patent protection for medical research and practice. This study follows a diagnostic design as a research method based on ethical, regulatory, and legal presentations to characterize problems involved in drug management system towards efficiency of evidence-based medicine practice utilizing theories, models, and frameworks towards financial intelligence. 
 Findings: The elucidation of Kano Model Framework exhibits the aberration and compliance of patent drugs towards compliance of healthcare corporate governance. Based on exhibition of intellectual property law, it can be extended to fulfill the goals of sustainable development of monetary success and hence, the human society can be reflected as their success to their financial intelligence as their inventorship is declared as non-obviousness to public welfare and safety. Moreover, the moral standard of ethical decision-making illustrated the importance of opting to off-label medicines emphasizing cost-efficiency goals of Pharmacoeconomics in drug therapy. Hence, the Shariah Jurisprudence Method for Pharmacoeconomics is the modelling of Clinical Pharmacy Practice towards Healthcare Corporate Governance in fulfillment of business ethics as public welfare and safety of human society.
 Recommendation: Kano Model Framework is an integrated tool of measuring the success of healthcare corporate governance. With the elucidation aids of modelling the importance of Pharmacoeconomics, it is recommended to develop ways of making artificial intelligence as a sole success, profit, benefit, and contribution to clinical pharmacy practice, starting from its drug development up to its intended purpose of human drug treatment in healthcare setting, in relation to its accompanied FDA regulating bodies, as British National Formulary team compliance of maintaining the crucial functions of observing and monitoring document for patient safety.

Intellectual property as an independent concept of legal science: a value-legal approach to definition

In the work, the author proved the theoretical and practical expediency of the analysis of intellectual property as a component of the conceptual and categorical apparatus of legal science and an element of legal terminology. It is noted that the subject of the research is important from the point of view of the general methodological importance of studying and improving the concepts and categories of jurisprudence, as well as the terminology used in the acts of law-making. It is pointed out that the ambiguity of the doctrinal understanding of intellectual property, as well as the vagueness of its demarcation from other related categories of legal science (for example, intellectual property law, real property law, copyright law, related rights, patent law, etc.), causes today the ambiguity of the conceptual definition of intellectual property, insufficiency of its legal consolidation as an independent term of jurisprudence.
 The analysis of doctrinal ideas about intellectual property as an independent concept of legal science was carried out and their generalization was carried out within the limits of special-administrative, formal- legal and broad approaches. It is concluded that the spread of the provisions of the proprietary theory of intellectual property and the theory of exclusive rights in legal science led to the polarization of approaches to the conceptual definition of intellectual property. Therefore, today, in the doctrinal plan, intellectual property has a debatable nature of definition, which is determined primarily by its nature and essence.
 The author emphasized that even the specified generalized approaches to defining the concept of intellectual property leave in the shade the main aspect of this legal institution, namely its value-legal dimension. It is the value-legal approach that can be used for the appropriate perception of intellectual property, which accumulates in itself, develops and constitutes an integral part of the system of socio­cultural values. Therefore, the specified approach is methodologically important for the formulation and justification of the appropriate definition of the concept of «intellectual property». The advantages of such an approach to conceptual analysis in theoretical and legal research are that it allows for the formation of cognitive orientation in the knowing subject through the development of ideas about worldview values in nature and society.

Copyright and Advertising Activities: Problems of Legal Regulation and Judicial Practice

Relevance. The development of modern information and telecommunication technologies and means of communication leads to a constant increase in the volume of advertising and its importance for the promotion of goods, works and services. At the same time, the creation of advertising in a significant part of cases is associated with the use of photographic, musical, literary works, works of fine art and other objects of copyright and related rights. The peculiarities related to the use of works and objects of related rights in advertising activities are not fully taken into account by the current legislation, which leads in practice to a number of negative consequences, in particular, to the recovery of disproportionate compensation in some cases and to the possibility of circumventing the established legal requirements in others.The purpose of the study is to develop theoretical provisions defining the peculiarities of the use of works in the implementation of advertising activities, characterizing the essence of legal relations arising in this case.Objectives: to identify the problems associated with the use of copyright objects in the implementation of advertising activities; to determine the peculiarities of legal relations formed in the process of implementation of advertising activities with the use of copyright objects; to determine the directions of further development of legal regulation of the issues under consideration.Methodology. The author used dialectical-materialistic method, methods of analysis and synthesis, formal-legal method in writing the work.The results of the research have theoretical and applied nature and are aimed at improving the quality of legal regulation of civil legal relations.The conclusions made in the article are of a debatable nature, aimed at developing approaches that allow to uniformly resolve problems related to compliance with the requirements of intellectual property law in the creation, placement and other distribution of advertising. The article is a continuation of the author's scientific research on issues related to copyright protection, intellectual property rights and legal regulation of advertising activities.

A Double-Edged-Sword Approach to Fighting Pandemics: Patent Waivers and Incentives to Innovate

Although continents recently experienced an apoc­alyptic pandemic that posed a mortal danger to millions of people, a new, even deadlier pandemic could soon emerge… The paper seeks to address the role played by patent waivers and current contractual arrangements in the pharmaceutical indus­try in addressing the dangers caused by the current and future pandemics. The process of waiving patents is explored where it is argued that it sadly cannot amount to the knight in shining armour that everyone has been expecting. Due to the lack of coordination, the tremendously long process, and the potential block in innovation arising from pharmaceutical companies having smaller incentives, more attention must be paid to other alternative institutional solutions. Drawing from the economics literature on innovation in the pharmaceutical sector, a concep­tual framework is proposed for improved legal intervention in the case of patent waivers in international intellectual property law instruments. In addition, the paper provides a comparative law and economics treatment of current patent waivers in US, EU, and international law instruments.

Peculiarities of concluding an agreement on the transfer of property rights to a software

The article reveals the peculiarities of concluding an agreement on the transfer of property rights to a software, the analysis of current legislation in the field of disposal of rights to the results of intellectual activity, as well as the formulation of conclusions and proposals aimed at improving civil legislation in the specified field. It is noted that in recent years a lot of research has been carried out on contracts in the field of intellectual property law. However, many issues remain debatable and unsettled in the legislation of Ukraine.
 The essence and content of the contract regarding the transfer (assignment) of the exclusive (property) right to the software has been analyzed and determined as a set of essential conditions duly agreed upon by the parties to the contract. The essential conditions of the contract regarding the transfer (assignment) of the exclusive (property) right to a software in accordance with the Civil Code of Ukraine and the special copyright legislation of Ukraine have been formulated. It is noted that the essential conditions of the contract regarding the transfer (assignment) of the exclusive (property) right to the software are 1) the subject of the contract; 2) the amount of property rights to the software transferred under the contract; 3) characteristic features of a software that allow it to be identified as such; 4) the form of the contract; 5) the amount and method of payment (remuneration) under the contract, or an indication of the gratuitous nature of the contract and 6) other essential conditions defined by the legislation of Ukraine.
 It is established that the subject of the contract on the transfer (assignment) of the exclusive (property) right to the software is actions aimed at the transfer (assignment) of the exclusive (property) rights to the software in whole or in part, which must be specified in the contract. In fact, under this contract, property (exclusive) rights to the software are transferred from the subject of copyright to the acquirer. The difference between the subject and the object of the contract regarding the transfer (assignment) of the exclusive (property) right to the software has been determined. The characteristic features of a software that allow it to be identified as such have been separately defined. The forms of objective expression of the software have been analyzed. Such a feature of the contract on the transfer of property rights to a software as the term has also been indicated. This is because property copyrights have an expiry date. Therefore, when concluding this contract, the validity period of property rights must be taken into account. If the parties have not agreed on the term of validity of the contract, then the term of validity of the contract cannot exceed the maximum term of validity of copyrights for a software.
 It is noted that the moment of transfer of property rights is difficult to clearly define and is usually associated with a certain legal fact. It is suggested to consider two factors. First, when a software is registered, the validity of the contract must be linked to the date of its registration, i.e. the property right to the software passes to the acquirer at the time of state registration of the contract. However, when the program is not registered, the exclusive right to it passes from the right holder to the assignee at the time of concluding the contract, unless otherwise established by the contract or law.
 It is argued that it is necessary to further amend the legislation in the field of intellectual property in order to unify the terminology used in the regulation of relations related to the transfer of property rights to an object of intellectual property.

The Property Right to Voice

Abstract Should property owners have a unique right to express their opinion just because they own property? While current law recognizes owners’ rights to express their voices in certain instances, it does not provide comprehensive and coherent answers to this question. This article provides an analytical framework for recognizing the owners’ right to voice as an independent property entitlement within the owners’ property bundle of rights and delineates its boundaries. Yet even when the owners’ voice is property-dependent, there is a difference between voice that facilitates the realization of another property entitlement (such as the right to exclude, use, or trade) and voice that is constitutive to ownership in and of itself. Only the latter instances justify recognition of the owners’ right to a voice as an independent property entitlement. By examining different branches of both tangible and intellectual property law, such as inheritance law, eminent domain, homeowners’ association law, zoning law, and copyright law, this article demonstrates the usefulness of the proposed analytical framework in explaining certain parts of the current law and suggests modifications of other parts.

A Global Future Issues in Impact on Artificial Intelligence on Intellectual Property Law

Artificial intelligence (AI) has evolved in the shape of innovation and creation of mind. It is supposed to develop the creation in the daily life in future. Newly created AI technologies has a new experience for making opportunity in arts, creativity, industrial field, and for newly invented invention. There are social economic and ethical implementation that are need to addressed and need policy to adjust accordingly. Likewise, WIPO has a public consultation measure to encourage technological invention. Intellectual property always has a relationship between the technology and their policies to adapt pace with technology and cultural changes. AI has a potential power to develop the IP, issues against the basic question of inventor, author, and owner for the infringement. We came to know that the technological development of AI has attention to the policy makers in order to ensure the development of the Intellectual property regimes, and to the greater extent to mitigate harmful social, economic and ethical implication.

Spectres of Intellectual Property in the Soviet Union: The Development and Recognition of the Inventor’s Certificate

Abstract After the October Revolution in 1917, the legal protection for inventions in the Soviet Union underwent a series of transformations. One of the key changes was the emergence of the “inventor’s certificate” as a socialist alternative to patents, whereby inventions were declared to be state property, but inventors were entitled to recognition and compensation. Patents were generally available in parallel to inventor’s certificates, but the latter remained the preferred mechanism for encouraging the worker-inventor and mass inventing activity, as well as promoting the free flow of information that capitalist patent systems had failed to achieve. However, as the Soviet Union started to pursue membership of the Paris Convention for the Protection of Industrial Property, several socialist countries sought to amend the treaty to recognise their inventor’s certificates as equivalent to patents. This sparked a debate amongst Paris Union members, during which the socialist countries portrayed the inventor’s certificate in a manner analogous to Schrödinger’s cat: it simultaneously was and wasn’t a patent. While the debate was never fully resolved by the Paris Union members, this article revisits the history and international debates about the Soviet protection of inventions to consider what the uncertainty about the inventor’s certificate might reveal about the circulation of technical information and the nature of global intellectual property law.

3D printing: A catalyst for innovation in modern industries

3D printing, also known as additive manufacturing, has the potential to revolutionize various areas of society. This technology uses a layer-by-layer approach to transform digital designs into physical objects, allowing individuals and small businesses to easily produce prototypes, custom products, and replacement parts. This significantly reduces the barriers to entry that previously existed in the manufacturing industry. The democratization of product creation through 3D printing has significant implications for intellectual property and manufacturing. There are concerns about the ease with which 3D printing can be used to reproduce copyrighted designs, leading to debates on how to protect intellectual property rights in the digital age. Additionally, the technology may disrupt established manufacturing processes and threaten jobs in traditional manufacturing industries. Despite these concerns, the benefits of 3D printing cannot be ignored. The technology allows for efficient and cost-effective production of complex geometries that would be difficult or impossible to create using traditional manufacturing techniques. It also enables the creation of customizable and personalized products, reducing waste and increasing sustainability. To maximize the potential benefits of 3D printing while addressing its challenges, policymakers, stakeholders, and researchers are working together to develop solutions. These include developing new intellectual property laws and regulations, designing new manufacturing processes that combine traditional techniques with 3D printing, and promoting education and training programs to help ensure that individuals and businesses have the necessary skills to use 3D printing technology effectively.

Role of Traditional Weavers in Socio – Economic Development

Objective: This study analyses the role of traditional weavers towards socio – economic development by examining the market competition between traditional woven clothes and clothes produced from power loom. This paper also discusses the relationship between traditional cultural expressions with moral rights of Copyright Law. Methods: This study is based on the literature collected from secondary sources. It relies on Constitution of India, published research articles, text books, reports on international conventions, etc. The literature is analyzed by using descriptive – analytical method. Results: Intellectual Property Law is very narrow to protect traditional knowledge (TK) and traditional cultural expressions (TCE). IPR laws require the work of the people to be original and novel. Traditional weavers do not fulfill the requirement of originality and novelty because the products are result of TK and TCE passed down from many generations. A sui – generis law is felt necessary to protect the hand woven dresses made by the traditional weavers. Such sui – generis law may include positive protection and defensive protection as provided under World Intellectual Property Organization (WIPO) to help traditional weavers access share of equal benefit and restrict the third parties from obtaining rights over the products derived from TK and TCE. Customary law is also one of the potential approaches to holistically recognize the rights of traditional weavers. Suggestions: It is recommended to encourage traditional weaving for the sustainability of weaving culture. However the present generation can enhance the weaving techniques by blending it with new technologies. The marketing strategy should be learnt by traditional weavers to meet the expectation of globalised market. There should be direct communication between customers and weavers to understand the expectation of customers. This will open path to traditional weavers to develop their skills, designs, and promote their products directly in the market. To raise awareness among consumers, the hand-woven goods should be promoted. The Handloom Act of 1985 should be implemented. The state's department of handloom should frequently inform weavers about the reserved commodities. Power loom facilities should be legally registered with a statement that none of the restricted items listed under Handloom Act, 1985 will be produced. The power loom weavers should be held legally responsible if it is discovered that they are making reserved items. Copyright Law should include weaving as TCE and grant protection under moral rights.

Legal principles of venture investment into startups as innovative product

Problem setting. The article is focused on determining legal principles of venture investment into startups as innovative product. The relevance of the topic is due to the fact that the main obstacle for the development of startups in Ukraine is the lack of permanent and systematic investments, the development of venture entrepreneurship, scientific research in the area of venture investment. analysis of recent researches and publications. Economists, in particular I. V. Lytvyn and Y. V. Bulak, drew attention to the state of venture capital entrepreneurship under martial law. The problem of venture capital investment was studied in detail by Y. M. Zhornokuy, who determined that the use of venture capital to invest in innovation in Ukraine is underdeveloped. According to B. Derevyanko, Ukrainian venture capital funds do not take into account the peculiarities of the nature of venture capital investment. The origins of the legal support of venture capital investment were identified by D. V. Zadychailo. The implementation of venture relations through investment agreements was the subject of research by O. E. Simson. Purpose of the research is to determine legal principles of venture investment into startups as innovative product. article’s main body. Venture entrepreneurship is activity with a special risk, since it is aimed at making investments into scientific and technical result intelligence. It has been emphasized that venture investment in terms of the martial law acquires a special scientific and practical importance for the post-war recovery of the Ukrainian economy and the development of society. It has been proved that startup’s criteria established by the legislator are close to the criteria for protecting the objects of intellectual property rights, in particular objects of industrial property (inventions, utility models). Therefore, one of the startup’s legal features is its correlation with the corresponding object of intellectual property law, which has received state registration. At the same time, the startup, despite receiving legal protection, is not embodied in a certain production, scientific and practical intelligence is still being conducted in its regard. It has been emphasized that the lack of a sustainable practice of using startups indicates the existence of risk regarding its investment. As a result, a startup can be defined as an object with elements of risk for its further implementation. It has been argued that startups can be considered as innovative product. It has been revealed that a startup’s implementation as an innovative product has certain specific features stipulated by the economic cycles (stages) of its creation and implementation. Each of the identified stages has legal significance, since it can be correlated with the competitive selection of startups to receive investments, in particular due to financial state support. At the same time, both scientific technical and entrepreneurial activities in the field of venture investment take place at each of the stages of a startup’s implementation as an innovative product. The importance of the activities of the Innovation Development Fund (Ukrainian Startup Fund) has been emphasized, which allows startups to receive state investment, since investing into this innovation is significantly risky. Therefore, the state creates appropriate stimulating mechanisms for the creation of the startup market. conclusions and prospects for the development. Summarizing the above, we offer conclusions that startup is a new legal category that needs further scientific studies. Based on the conducted research, we have distinguished the following characteristics of a startup as an object of rights: it is the result of scientific and technical creativity; has state registration as an object of intellectual property rights; has not been implemented into systematic production; has novelty for the relevant market of goods and services; refers to objects with increased risk; has the dual legal nature both of an innovation and a separate investment project. We have offered the division of startups depending on intellectual property institutions: a) startups in the field of copyright (computer software, databases); b) patent and legal startups (inventions, utility models, industrial designs); 3) startups in the field of non-traditional intellectual property objects (new varieties of plants, layout of an integrated microcircuit).