Intellectual Property Research Articles

Research on the History of Trademark Law Change and Trademark Attachment

Trademarks encapsulate a company's reputation as well as the quality of its products or services, serving as significant intangible assets The practice of "trademark climbing" not only severely harms the legitimate rights and interests of brand - owning companies and consumers but also disrupts the order the market economy and undermines the market environment of equitable competition. By referring to historical documents and typical cases, this article explores the significance and necessity of legal protection for trademarks. It is believes that the governments of various countries should expedite the improvement of the pertinent trademark laws to more effectively combat infringements, such as trademark ascending, and to foster the healthy development of the market economy following their research. Meanwhile, consumers, producers, and operators should increase their awareness of intellectual property rights and employ legal methods to protect their legitimate rights and interests in consumption, production, and operation activities.

Patent bigdata in plant cultivation technology including promising breeding technologies: a comparative study of intellectual properties leading five countries

Patent bigdata in plant cultivation technology including promising breeding technologies: a comparative study of intellectual properties leading five countries

The use of publicly available online texts in training AI: an ethical analysis of AI’s right to learn

Purpose This paper aims to discuss the ethical permissibility of using publicly available online texts in the training of AI. This practice has facilitated and accelerated the growth of AI technology, but it has also drawn accusations of exploiting authors and violating their intellectual property rights. Design/methodology/approach The discussion is based on the Kantian theory of ethics, a theory that is grounded in the duty to preserve and empower the autonomy of the human will. Findings Following from the duty to support human autonomy, the article makes two claims: First, AI should be granted the right to learn from public texts because the more AI learns, the better it assists humans in expanding their will. Second, AI’s right to learn should be conditional, not absolute. The article articulates three conditions that should be met prior to granting an AI system the right to learn from public texts: AI that uses public data must be freely available to the public, AI (and its developers) ought to educate the public on the uses and misuses of AI, and AI (and its developers) must remove personal information from the training data. Originality/value Under what conditions is it justifiable to use someone’s text without their permission? This very question is currently being examined in courts in the many lawsuits filed against AI companies. An ethical analysis of this question helps bridge the gap between the perspective of AI companies that claim to be using public texts for the public good and the perspectives accusing them of violating authors’ copyrights.

Locating the Ethics of ChatGPT—Ethical Issues as Affordances in AI Ecosystems

ChatGPT is a high-profile technology that has inspired broad discussions about its capabilities and likely consequences. There has been much debate concerning ethical issues that it raises which are typically described as potentially harmful (or beneficial) consequences of ChatGPT. Concerns relating to issues such as privacy, biases, infringements of intellectual property, or discrimination are widely discussed. The article pursues the question of where these issues originate and where they are located. This article suggests that these ethical issues of the technology are located in the technology’s affordances. Affordances are part of the relationship between user and technology. Going beyond existing research on affordances and ChatGPT, the article suggests that affordances are not confined to the relationship between humans and technology. A proper understanding of affordances needs to consider the role of the socio-technical ecosystem within which these relationships unfold. The article concludes by explaining the implications of this position for research and practice.

Research on evolution of intellectual property collaborative governance strategies of multi-entities in open source community

ABSTRACT Open source community intellectual property governance is a collaborative activity among multiple entities. This paper starts from the perspective of multi-party collaborative governance, based on evolutionary game theory, using open source community foundations, community operators, and contributors as the game subjects, to construct an evolutionary game model for collaborative intellectual property governance strategy of open source community, digital technology innovation strategies as the core. The correctness of the theoretical analysis was verified through model derivation, calculation, and simulation. The simulation results indicate that digital technology innovation plays an important role in intellectual property governance, and factors such as initial willingness, reward and punishment mechanisms, contribution costs, and infringement risks have a significant impact on the evolution of strategies. Based on this, we propose specific implementation paths to improve the intellectual property governance capacity of open source communities and promote innovative development in open source communities. The research contribution of this paper lies in exploring the process of rule compliance and strategy evolution of multiple subjects in open source communities under the policies guidance and use of digital technology from the use of digital technology innovation, providing new governance tools and governance basis for intellectual property governance in open source communities.

The U.S.-China Innovation Gap: The Chinese Advantage of Backwardness

Latecomers in the economic development process can leverage existing innovations and technologies available globally. This paper examines China’s "advantage of backwardness" using data on innovation provided by the Global Innovation Index (GII), published by the World Intellectual Property Organization (WIPO). I develop a simple theoretical framework to explain the advantage of backwardness and apply this to analyse China’s innovation gap with the United States. The analysis assumes that the United States represents the leading country in innovations. This assumption enables a comparison between the two large economies and tests a hypothesis with not only economic but also purported political and military implications. According to the theory of backwardness, China’s innovation level is converging with that of the United States. This raises the question: can China’s innovation level eventually surpass that of the United States? In other words, if China is developing by capitalizing on its technological backwardness relative to the United States, can it, at some point, become the global leader in innovations? This paper explores this question by analysing 18 observations spanning the period from 2007 to 2024, offering a speculative perspective on whether China can surpass the United States in innovation leadership. Keywords: Advantage of Backwardness, GII index, WIPO, US, China, Innovation, Technology, Leadership, Development

Governance of Generative AI

Abstract The rapid and widespread diffusion of generative artificial intelligence (AI) has unlocked new capabilities and changed how content and services are created, shared, and consumed. This special issue builds on the 2021 Policy and Society special issue on the governance of AI by focusing on the legal, organizational, political, regulatory, and social challenges of governing generative AI. This introductory article lays the foundation for understanding generative AI and underscores its key risks, including hallucination, jailbreaking, data training and validation issues, sensitive information leakage, opacity, control challenges, and design and implementation risks. It then examines the governance challenges of generative AI, such as data governance, intellectual property concerns, bias amplification, privacy violations, misinformation, fraud, societal impacts, power imbalances, limited public engagement, public sector challenges, and the need for international cooperation. The article then highlights a comprehensive framework to govern generative AI, emphasizing the need for adaptive, participatory, and proactive approaches. The articles in this special issue stress the urgency of developing innovative and inclusive approaches to ensure that generative AI development is aligned with societal values. They explore the need for adaptation of data governance and intellectual property laws, propose a complexity-based approach for responsible governance, analyze how the dominance of Big Tech is exacerbated by generative AI developments and how this affects policy processes, highlight the shortcomings of technocratic governance and the need for broader stakeholder participation, propose new regulatory frameworks informed by AI safety research and learning from other industries, and highlight the societal impacts of generative AI.

Institutional distance, trade agreements, and intellectual property trade networks: Evidence from cross-border data.

Based on the Temporal Exponential Random Graph Models (TERGM), this paper applies global intellectual property trade data between countries to investigate the impact and mechanism of institutional distance on the intellectual property trade network. The study finds that the smaller the institutional distance between countries, the more conducive it is to build an intellectual property trade network. This conclusion remains valid after controlling for geographical adjacency, use of a common language, existence of colonial relationships, and characteristics of the intellectual property trade network. Moreover, through regression by year, it is found that this impact increases year by year. Further, after regressing on sub-indicators of institutional distance, it is found that the smaller the distance in political stability, government efficiency, and regulatory quality, the greater the probability of generating an intellectual property trade relationship. Mechanism analysis reveals that economies with smaller institutional distances are more likely to sign trade agreements, thereby generating trade relationships and promoting the establishment of intellectual property trade networks. In order to deeply participate in the intellectual property trade network, countries should actively align with international institutional norms and sign bilateral or multilateral trade agreements with countries with similar institutional levels to enhance the production level and export of intellectual property.

Does China’s Low-Carbon City Pilot Facilitate Firm Productivity? An Analysis of Industrial Firms

This study analyzed the impact of China’s Low-carbon City Pilot (LCCP) on firm productivity using firm-level financial data from the Chinese State Administration of Tax and patent data from the State Intellectual Property Office of the People’s Republic of China from 2007 to 2016, with the aim of clarifying the impact and mechanism of carbon regulation on firms’ productivity from the perspective of a developing country. By employing a staggered difference-in-differences model, we solved the analytical difficulties caused by the low-carbon pilot batch. Our findings revealed that the LCCP has a positive effect on firm productivity, with a 3% increase in total factor productivity (TFP). We concluded that environmental regulations can increase firms’ productivity. We also identified the mechanism, determining that the LCCP can increase firms’ research and development expenditure and the number of patents, advancing technological development. We also demonstrated that the dispersion of TFP across LCCPs has decreased, showing that low-productivity firms exit the market and the exit mechanism is improved, while resources are allocated more efficiently and market distortions are mitigated. This study contributes to the literature on climate policies on firms’ productivity and provides policymakers with valuable insights for balancing environmental regulations and firm productivity.

Every Mapping Project Needs a Fire Keeper: Lessons from the Kanehsatà:ke Land Defense Mapping project.

This paper explores the critical yet often overlooked aspect of maintenance in decolonial and Indigenous mapping projects. Indigenous communities across Canada have developed alliances with university researchers to develop mapping projects that communicate their relationships to land to outsiders. However, without ongoing maintenance and care, maps can deteriorate or be repurposed in ways that can be harmful to Indigenous communities. I introduce the “fire keeper” as a person or group of people tasked with maintenance, care, and responsibility for the life cycle of maps incorporating Indigenous data. Using the Kanehsatà:ke Land Defense mapping project developed with a Kanehsatakeró:non Land Defender as a case study, I describe how the role of the fire keeper facilitated the adaptation and evolution of the map in response to the Land Defender’s changing objectives. Maintaining the Kanehsatà:ke Land Defense mapping project became an exploration of options rather than a rush to deliver an output. Based on a series of four semi-structured interviews that I conducted with (1) a campaigner, (2) a digital media strategist, (3) university students, and (4) a Québécois history enthusiast, the Land Defender was able to make strategic decisions about how the Kanehsatà:ke Land Defense mapping project should be deployed and which objectives and audiences, if any, would best support the reclamation of Kanehsatakeró:non lands while also protecting their geospatial and archival intellectual property. The paper concludes by encouraging mapmakers to dedicate more time, energy, and resources to map maintenance than they currently do.

Stolen Ukrainian universities: An invisible russian weapon

This paper explores the issue of “stolen” Ukrainian universities. Over 1,500 Ukrainian educational and research organizations have been seized by Russia, including 289 higher education institutions such as universities, institutes, academies, colleges, and their branches. These institutions are now exploited to further Russia’s geopolitical agenda through propaganda, territorial annexation justification, and the assimilation of the Ukrainian population in occupied regions. The study examines this using the following examples: the perception of stolen Ukrainian universities as Russian entities by international organizations and academic communities; recognition of stolen Ukrainian intellectual property as Russian, with silent approval or facilitation, such as the registration and confirmation of stolen Ukrainian academic journals by the International ISSN Centre. The paper highlights the use of these stolen institutions’ resources as propaganda tools, their role in ideological manipulation, and their contribution to the assimilation of occupied territories. Recommendations include removing stolen universities from academic affiliations and databases, revoking ISSN registrations for stolen Ukrainian journals, and urging COPE to issue ethical guidelines for preventing collaboration with stolen universities. Additionally, it emphasizes the need for Ukrainian authorities and the academic community to engage proactively with global publishing institutions, database owners, and organizations handling publishing ethics to address these challenges. By bringing attention to this “silent war on knowledge”, the paper underscores the urgency of addressing the misuse of stolen academic institutions by Russia to uphold the integrity of global academia and international law.

AI Continues to be a Game Changer in the Intellectual Property Management in India

The integration of Artificial Intelligence (AI) into Intellectual Property (IP) management has significantly reshaped the landscape of IP administration in India. With the growing emphasis on innovation and technological advancement, India's IP ecosystem is rapidly adopting AI-driven solutions to streamline processes, enhance accuracy, and reduce human intervention. AI-powered tools for prior art searches, patent classification, and infringement detection have significantly accelerated IP workflows while reducing the backlog of pending applications. This paper explores the transformative role of AI in IP management in India, focusing on its impact on efficiency, cost reduction, and decision-making. The research highlights how machine learning algorithms and predictive analytics have enabled faster and more accurate patent reviews, benefiting both IP examiners and applicants. By automating repetitive tasks, AI has reduced the administrative burden on India's IP offices, allowing them to focus on more complex and strategic aspects of IP protection. However, this technological shift is not without its challenges. Issues related to AI-generated IP, ownership rights, and ethical concerns regarding the role of AI as an inventor are still unresolved in India's legal framework. The absence of specific regulations governing AI-generated IP has sparked debate among policymakers, industry stakeholders, and academic researchers. This paper calls for the development of an AI-specific regulatory framework to address these issues while ensuring a balance between innovation and IP protection. The study concludes that AI is a critical enabler of India's efforts to modernize its IP management system. It underscores the need for capacity building, legal reforms, and cross-border collaboration to establish a standardized approach to AI-driven IP governance. Future research should explore international best practices and assess how India's regulatory framework can be adapted to accommodate AI's role in IP management. Key Words: Artificial Intelligence, Intellectual Property, AI-Generated IP in india, Patent Classification, Regulatory Framework

Hardware Security against IP Piracy using Secure Fingerprint Encrypted Fused Amino-Acid Biometric with Facial Anthropometric Signature

In the era of modern global design supply chain, the emergence of hardware threats is on the rise. Conventional hardware security techniques may fall short in terms of offering inferior tamper tolerance, unpersuasive digital ownership proof and weaker entropy, for sturdy intellectual property (IP) piracy detection and seamless IP ownership conflict resolution process. This paper presents a novel hardware security methodology based on IP seller's amino acid biometric and facial anthropometric features to generate an encrypted fused signature using multi-key driven non-invertible fingerprint, for providing sturdy detective countermeasure against IP piracy. The proposed approach exploits AES framework, where the generated key-translated fingerprint minutiae points of the IP seller is used as an encryption key. The proposed methodology is highly robust against hardware threats as it capable to generate large size covert security constraints for embedding, as digital evidence, in the IP design during high level synthesis (HLS). The results of the proposed approach on comparison with existing approaches, indicates enhanced tamper tolerance ability (against brute force attack) of upto 1.15E+77, lower probability of coincidence or false positive (against ghost signature search attack) of upto 6.72E-06, and stronger entropy of upto 2.06E-138, respectively.

Impacts of patent pledge financing on corporate investment: Evidence from a quasi-natural experiment in China

Patent pledge financing (PPF), emerging as the unification of knowledge capital and financial resources, not only enhances the value of firms' intellectual property but also offers new insights into addressing corporate financing challenges. However, the impact of PPF on corporate investment remains unclear. This study utilizes data from Chinese A-share listed companies to assess how the implementation of PPF pilot policies influences corporate investment through the construction of a difference-in-differences model. We reveal that the PPF pilot policies have significantly stimulated corporate investment by lowering debt financing costs and concurrently expanding investment opportunities. Subsequent analyses suggest that the impact of PPF pilot policies on corporate investment is more pronounced for companies facing higher financing constraints, possessing greater patent value, and operating in regions with lower levels of financial development. This research provides empirical support for the notion that financial innovation mitigates corporate financing challenges and fosters economic growth.

Unfolding the Potential of Generative Artificial Intelligence

Scholars are increasingly using generative artificial intelligence (AI) chatbots, like ChatGPT, in research, though concerns remain about ethics, data privacy, bias, and intellectual property. This study adopts a design science research approach to explore how generative AI chatbots can support academic teaching and research, bridging theory and practice. A literature review and expert interviews identified key requirements and design principles that support virtues such as uniqueness, generalizability, and reproducibility. We also introduce a prototype, “AcademiaBot,” to demonstrate these principles in action. Our findings suggest that AI chatbots can significantly aid scholarly work if users are informed and ethical concerns are addressed. Responsible usage can help AI augment human research efforts without compromising integrity. This study provides valuable design knowledge, ensuring AI-based chatbots remain a beneficial tool for scholars.

Implementation of the Use of Trademark Rights in the Development of UMKM in Medan City

A brand is a logo or symbol representing a company's identity. Brands are highly influential in attracting customers and differentiating products from competitors. A brand is considered intellectual property, allowing differentiation between similar products and services, thereby maintaining quality. Trademark laws emphasize the exclusive rights of the brand owner to use it personally or to grant permission to others. Small and Medium Sized (SMEs) play a crucial role in the Indonesian economy by creating jobs and increasing community income. This highlights the importance of branding for SMEs, especially in Medan, where SMEs significantly contribute to economic growth and development. Trademark registration for SMEs actors involves a trademark renewal process that adds to the burden due to additional costs and periodic administrative requirements. All of this makes SMEs actors reluctant to register trademarks, even though this step is crucial for protecting and strengthening their business in the market

Intellectual Property Rights’ Trade Relevance

This article critically examines the intellectual property rights’ (IPRs’) trade relevance philosophy and its policy implications. Riding on the productivity and transportation convenience unleashed by the Industrial Revolution, the century-long evolution of the IPRs regime since the 1880s was both the driving force and result of a trade evolution that eventually grew into the World Trade Organization (WTO). The incorporation of IPRs into the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), however, is an ill-considered one. Private and negative IPRs – as expression of originality in arts and literature, inventions in products, and goodwill in marks evolve in trade for trade yet separate from goods and services in trade – are trade relevant, yet can be destructive without competition control. The structural complexity of TRIPS three-tiered exceptions – as to the rights, the use of rights, and rights’ sovereign implications – suggests that the TRIPS philosophy of the balance of rights and obligations is the essence of IPRs’ trade relevance. TRIPS’ IPRs incorporation, however, was ill-considered and IPRs’ trade relevance philosophy is underdefined. Absent of trade-accommodating competition control, IPRs are not trade-related, neither can rights and obligations be balanced, unless the dropped competition negotiation is duly resumed with a positive outcome.

Intellectual property rights (IPR) in the age of artificial intelligence (AI) focusing on Indian law’s

Intellectual property rights (IPR) in the age of artificial intelligence (AI) focusing on Indian law’s

The effect of digital technology innovation on low carbon investment in renewable energy enterprises

This study focuses on examining the impact of digital technology innovation (DIT) on low carbon investment(LCI) in renewable energy enterprises, and empirically tests the sample of listed renewable energy companies to obtain the following conclusions. Firstly, DIT significantly promotes the LCI of listed renewable energy companies. Secondly, DIT will suppress LCI by increasing production costs, and promote LCI by promoting environmental information disclosure and internal control management quality. Thirdly, DIT has an inverted U-shaped impact on LCI, with an impact that is first promoted and then suppressed. Fourthly, in terms of heterogeneity. DIT has a stronger promoting effect on the LCI of large-scale enterprises, state-owned enterprises, and eastern enterprises. Fifthly, intellectual property protection, digital infrastructure construction, and government's digital orientation will all promote the positive impact of DIT on LCI. This study aims to provide insights on digital construction for promoting LCI in renewable energy enterprises.

The Regulatory Landscape of Biobanks In Europe: From Accreditation to Intellectual Property

Biobanks are necessary resources for the storage and management of human biological materials, such as biofluids, tissues, cells, or nucleotides. They play a significant role in the development of new treatments and the advancement of basic and translational research, especially in the field of biomarkers discovery and validation. The regulatory landscape for biobanks, which is necessary to safeguard both privacy and scientific discoveries, exhibits significant heterogeneity across different countries and regions. This article outlines the standards that modern biobanks should fulfill in the European Union (EU), including general, structural, resource, process, and quality requirements. Special attention is given to the importance of transparency and donor consent following the General Data Protection Regulation (GDPR) and the ISO 20387:2018, the international standard specifies general requirements for biobanks. A dedicated section covers the preparation of donor information materials, emphasizing consent for research involvement and personal data processing. The delicate balance between donors' privacy rights and scientific research promotion is also discussed, with a focus on the patenting and economic use of biological material- derived inventions and data. Considering these factors, it would be warranted to refine legal frameworks and foster interdisciplinary collaboration to ethically and responsibly expand biobanking.