Intellectual Property Rights Research Articles

The Plagiarism and Borrowing of "Meme Culture" in Short Videos in the Digital Age

In the Internet age, the public is exposed to "memes" almost every day. As a form of subculture unique to the Internet age, the spread of each meme is almost viral. However, in short videos, many people blur the line between borrowing and plagiarism, and in many cases, short video producers and viewers confuse the line between plagiarism and borrowing. Through questionnaire survey and data analysis, this paper explores the public acceptance of "meme" in short videos and the threshold of the public's borrowing degree of "meme", and finally finds that the public's acceptance of borrowing of "meme" is high, but their attitude towards its borrowing degree is blurred, which is due to plagiarism due to the lack of importance of intellectual property rights, which involves the responsibility of many parties, and finally this paper, from the aspects of the society, platforms and so on and platforms, and puts forward relevant suggestions to solve this problem.

Whole-genome sequencing reveals genomic diversity and selection signatures in Xia’nan cattle

BackgroundThe crossbreeding of specialized beef cattle breeds with Chinese indigenous cattle is a common method of genetic improvement. Xia’nan cattle, a crossbreed of Charolais and Nanyang cattle, is China’s first specialized beef cattle breed with independent intellectual property rights. After more than two decades of selective breeding, Xia’nan cattle exhibit a robust physique, good environmental adaptability, good tolerance to coarse feed, and high meat production rates. This study analyzed the population genetic structure, genetic diversity, and genomic variations of Xia’nan cattle using whole-genome sequencing data from 30 Xia’nan cattle and 178 published cattle genomic data.ResultThe ancestry estimating composition analysis showed that the ancestry proportions for Xia’nan cattle were mainly Charolais with a small amount of Nanyang cattle. Through the genetic diversity studies (nucleotide diversity and linkage disequilibrium decay), we found that the genomic diversity of Xia’nan cattle is higher than that of specialized beef cattle breeds in Europe but lower than that of Chinese native cattle. Then, we used four methods to detect genome candidate regions influencing the excellent traits of Xia’nan cattle. Among the detected results, 42 genes (θπ and CLR) and 131 genes (FST and XP-EHH) were detected by two different detection strategies. In addition, we found a region in BTA8 with strong selection signals. Finally, we conducted functional annotation on the detected genes and found that these genes may influence body development (NR6A1), meat quality traits (MCCC1), growth traits (WSCD1, TMEM68, MFN1, NCKAP5), and immunity (IL11RA, CNTFR, CCL27, SLAMF1, SLAMF7, NAA35, and GOLM1).ConclusionWe elucidated the genomic features and population structure of Xia’nan cattle and detected some selection signals in genomic regions potentially associated with crucial economic traits in Xia’nan cattle. This research provided a basis for further breeding improvements in Xia’nan cattle and served as a reference for genetic enhancements in other crossbreed cattle.

Perlindungan Hukum atas Hak Kekayaan Intelektual Komunitas Band di Kabupaten Merauke

The creative industries have been set by the government as one of the pillars of national economic development, according to OPUS Creative Economy 2020 report, the contribution of the creative economy subsector to the national PDP reached Rs. McKinsey & Company through its research in 2016 stated that Indonesia is becoming one of the four most potential countries for the digital music industry in Asia, revenue or market value of streaming music in Indonesia in 2020 is estimated to reach $148 million or around IDR 2.1 Trillion and the growth rate is expected to reach 6.4 percent by 2024, creating market value around $190 million. One of the forms of music produced by the people in Indonesia and in particular in Merauke district was born from the local community of bands, such as Coffe Break, Kaki Abu, Amandus (Black Lebel One Scout), Jeppo (KANADA), and Anjhas Noya. (No Name Crew). Nevertheless, the potential economic gain cannot be achieved optimally if the importance of legal protection of intellectual property rights (IPR) is disregarded. In general, this research is intended to find out and analyze the extent to which the legal protection of IPR for music/song creations in the Band Community in Merauke district. This research uses the method of empirical juridic research.

Guarding Against China’s Predatory Acquisition of Foreign Technologies: A Quad Perspective

The study examines the response of the Quad countries (Australia, India, Japan and the United States) to People’s Republic of China (PRC)’s predatory acquisition of foreign technologies. This article looks at PRC’s science and technology (S&T) policy and its relation to the grand strategy of attaining global superpower status. The meteoric rise of the PRC in the last four decades has amazed many. Innovation and technological advancement and their alignment with government policies are important factors in this rise. The study notes that PRC’s S&T policy involves, among others, acquiring foreign technologies through illicit means that include stealing through espionage and sophisticated cyberattacks and forcing overseas companies operating in China to share intellectual property rights with local partners. Alarmed by PRC’s predatory strategy, the Quad countries have taken steps to regulate, and in some cases prohibit, the PRC’s targeted foreign investments and coercive and opportunistic takeovers. The article argues that the Quad countries need to coordinate their efforts to effectively counter PRC’s illicit acquisition of their technologies.

Does Tax Sharing Matter for Export Quality Upgrading? Evidence from China

Tax policy is critical for business operations and export decisions. However, the relationship between tax sharing and export has been less frequently discussed. This paper explicitly examines the underexplored tax-sharing system’s effect on manufacturing exporters’ export quality and develops four hypotheses. We use data on Chinese manufacturing exporters and prefecture-level tax-sharing from 2008 to 2013 and employ an instrumental variable approach to alleviate the endogeneity problem. The empirical evidence supports our hypotheses. We find that an increase in the prefecture-level government tax-sharing ratio significantly reduces export product quality of firms. This quality effect can occur through channels, including tax burden effect, production scale effect, and innovation effect. Moreover, more productive firms and those operated in cities with stronger intellectual property protection can face a smaller quality-reducing effect. Our findings offer policy implications for improving China’s modernized tax system and trade upgrading. Policymakers should recalibrate the tax-sharing system to reduce the tax burden on manufacturing exporters, particularly for innovative and high-productivity firms, and bolster intellectual property rights to enhance export quality and support China’s trade and economic modernization.

Intellectual Property Rights: Protection of Biotechnological Inventions in India.

The current Intellectual Property Rights (IPR) framework supports the commercialization of seed improvement, monoculture, and the patent protection of novel plant varieties, microorganisms, and genetically modified animals. As a consequence, our rich biogenetic diversity is irreversibly dissipating. However, we need to figure out how to create a methodology for elective choices that will achieve harmony between the official Intellectual Property (IP) structure and maintainable biodiversity components. The majority of the biotechnology sector's programmes in India are managed by the Department of Biotechnology. It is under the Ministry of Science and Technology. Its goals are to provide services in the fields of study, infrastructure, human resource development, biotechnology popularisation, industry promotion, and establishment of centres of excellence. Implementation of practise biosafety regulations for genetically modified organisms, recombinant DNA products, and programmes is based on biotechnology for the good of society. This creates an information network for India's bioinformatics mission in the local, national, and worldwide scientific community.

The Economic Consequences of the Reflexivisation of the Concept of Intellectual Property – A Theoretical Approach

Abstract Intellectual property is, from the perspective of economic theory, quite a stand-out. It retains the meritocratic particularities of material property – and, as such, advocating for its validity seems justified to many on the grounds that it helps the economic agent appropriate the benefits of his (in this case, intellectual) labour, while also being, in and of itself, immune to the scarcity which is inherent to “standard”, material property and, therefore, to the so-called “natural laws” governing most laissez-faire moral convictions, seeming to be a rather positive construction instead. Such a peculiar set of attributes is bound to make this concept sensitive to both intellectual differences among its “scientific undertakers” and applicative disturbances. If the praxeological approach of some Austrian School economists, like Stephan Kinsella, renders intellectual property a monopolistic obstacle in the way of proper free market development, other advocates of laissez-faire economics, such as Ayn Rand, fully embrace the notion and even consider it the only valid form of private property in existence (material property being nothing more than one of its sub-categories). This paper features an exclusively theoretical, non-empirical methodological approach, its aim being to analyse the way in which three key psychoanalytical issues of “reflexivisation”, present (also) in the field of economics, affect the concept of intellectual property. These issues are as follows: 1. How the economic agents who directly relate their (intellectual) activity to this concept risk altering some / all of the significance of its interpretative functions; 2. How the “grey area” specific to most “human rights” prevents the proper use of intellectual property rights and fuels the rhetoric used by its opponents; and 3. How some of the theoretical approaches advocating for / being against this concept are unknowingly driven by what psychoanalysis refers to as either neurosis (in the case of its advocates) or psychosis (mostly in the case of its opponents). The aimed result of this research is to provide a proper economic interpretation of the way in which the theoretical conceptual evolution of intellectual property may be affected by its very own “reflexivisation”.

A study on the dynamic relationship between intellectual property rights and green economy development in China.

A study on the dynamic relationship between intellectual property rights and green economy development in China.

Explainability and operational resilience in the design of central bank digital currencies: A new generation of money-laundering deterrence software

It has been argued that technologies such as blockchain could provide financial systems and societies with a better infrastructural solution to process information and identify illegal transactions. Building on this idea, this paper argues that if payment systems are to take advantage of the properties that define distributed ledger technologies, they must build on those models that have delivered improved trust in our economies. Accordingly, the model presented in this paper is based on a universal digital ID that could be interoperable among different jurisdictions. Such a digital ID would rely on an explainable framework structured around an understanding of the role played by central banks, intellectual property rights and personal data protection in the processing of information. Understanding the interaction between these elements may be the first step towards a better understanding of the infrastructures employed to tackle illegal activities, which could in turn contribute to the successful development of the standards on which the next generation of suspicious transaction or order reports will be based.

THE IMPACT OF INTERNATIONAL INTELLECTUAL PROPERTY LAW ON NATIONAL LAW

The article examines the impact of international legal norms in the field of intellectual property on the national legislation. The focus is on analyzing key international treaties, such as the Paris Convention for the Protection of Industrial Property, the Berne Convention for the Protection of Literary and Artistic Works, and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The mechanisms of adapting national legal systems to the requirements of international standards are explored, including legislative reforms and changes in enforcement practices.

The Frictions of IP and the Schism in Turkey’s Collective Management of Music Copyright

Despite the increasing international integration of intellectual property (IP), national laws and structures for implementing rights in music continue to vary, for better or for worse, in ways that matter to musicians and other copyright stakeholders. This article draws on oral history and archival data to examine one such variation. Where most countries have only one copyright collecting society for musical authors, there are two in Turkey (MESAM and MSG). IP experts and administrators blame competition or lack of coordination between the two societies for a host of problems, including complicating the processes of performing rights licensing and royalty distribution. Analyzing the origin story of the second collecting society through the lens of Anna Tsing’s influential concept of “friction,” I highlight the social and cultural dynamics that complicate the ongoing global integration of IP and the general development of structures for enforcing IP rights in music.

2022 개정 고등학교 공학 선택과목에 대한 기술교사 교육요구도 분석과 지원 방안

Purpose: The purpose of this study was to analyze the level of technology teachers’ education needs for elective high school engineering subjects in the 2022 revised technology curriculum and derive specific demands for improving the expertise of technology teachers. Methods: In order to achieve the purpose of the study, literature related to the 2022 revised curriculum and education needs analysis was reviewed. A questionnaire was developed by the research team basedon the literature review and was revised and supplemented through a review by experts. The survey subjects of this study were limited to those eligible for the 2023 level 1 technology teacher qualification training. The survey tool asked technology teachers to respond to a 5-point Likert scale regarding the importance and feasibility of performance based on achievement standards for each subject. Educational needs were defined as the difference between the importance and performance scores. The IPA matrix method was used to determine the priority of support measures based on needs analysis. Results: The results obtained through this study are as follows. First, the demand for education in the world of robotics and engineering was the highest. Second, in the case of general intellectual property subjects, there was a high demand for education in specialized content area related to intellectual property rights. Third. In the case of the creative engineering design subject, there was a high demand for developing skills related to research and development projects in the engineering field. Conclusion: Through this study, it was determined that overall learning support is required for roboticsand the world of engineering, along with intensive training in intellectual property rights in the general intellectual property course, and project-based product development and prototyping in the creative engineering design course.0

Project Management and Intellectual Property Rights: Strategic Approaches

Project Management and Intellectual Property Rights: Strategic Approaches

Law Chatbot

bstract: This paper presents the development and implementation of a pioneering solution titled “Law Chatbot” aimed at revolutionizing access to legal information and services. The Law Chatbot is an artificial intelligence-powered conversational agent designed to provide users with instant legal advice, guidance, and resources. Leveraging text retrieval and generation, the chatbot offers personalized responses to user queries, covering a wide spectrum of legal topics such as civil law, criminal law, contract law, and intellectual property rights. The system is built upon a scalable and secure architecture, ensuring reliability and confidentiality in handling sensitive legal matters. Through seamless integration with messaging platforms and web interfaces, the Law Chatbot provides round-the-clock accessibility, empowering individual and businesses to navigate complex legal issues efficiently and affordably. With its user-friendly interface and comprehensive knowledge base, the Law Chatbot represents a transformative tool in democratizing access to legal expertise, bridging the gap between legal professionals and the general populace. This report elucidates the design principles, technical components, and potential applications of the Law Chatbot, highlighting its significance in promoting legal literacy, fostering legal empowerment, and facilitating access to justice in the digital age.

The Evolutionary Impact of Artificial Intelligence on Contemporary Artistic Practices

This article explores the transformative influence of Artificial Intelligence (AI) on contemporary art, focusing on the integration of AI in creative processes, the reception of AI-generated art, and the ethical considerations it raises. As AI technologies become more sophisticated, they redefine artistic creation, collaboration, and interaction, expanding the traditional boundaries of art. By employing AI, artists access new tools for enhancing creativity, automating production, and engaging audiences through interactive installations. However, this integration also brings challenges, particularly concerning the authenticity and ethical implications of AI-generated art. The article discusses AI's role in augmenting creativity, its impact on art production, the dynamic ways it engages audiences, and the ethical dilemmas it presents, such as data privacy and intellectual property rights. The discussion aims to provide a comprehensive understanding of how AI is reshaping the art world, influencing artistic communities, and prompting a reevaluation of art in the digital age.

Legal Implications of Artificial Intelligence (AI) as a Legal Subject on Intellectual Property Rights

Legal Implications of Artificial Intelligence (AI) as a Legal Subject on Intellectual Property Rights

Navigating Intellectual Property Rights: Patentability and Market Exclusivity for Orphan Drugs in The Evolving Landscape

Intellectual property is an intangible property created with the endeavor of human intellect. This concept is formulated for the recognition and value for the inventions, creation of mind, literary or artistic work, designs, and traditional knowledge can be given recognition by providing Intellectual Property Rights. Intellectual property is necessary for the progress and well-being of the humanity so that new inventions and creations, further innovations are encouraged. Patent gives exclusive rights for product and process whereby without the permission of the patent owner invention cannot be commercialized. Patent Law is developed as per the standards prescribed in the TRIPS agreement globally. Patent rights are also granted for drugs as pharmaceutical research is expensive and unpredictable. Pharmaceutical sector protects their inventions by product or process patent rights. Nowadays rare diseases or orphan’s diseases caused by genetic alterations have become a threat for human life. It has become a necessity to develop new drugs or orphan drugs to treat these rare disorders even though it is fewer in numbers. In US and EU once a drug receives the status of orphan is attained the protection is limited to 10 to 12 years of protection from commercialization. In such scenario the companies who have spent millions for their Research and Development will not be in a situation to take back the investment. High revenue or capital investment is hindering the development of orphan drugs. Orphan drug exclusivity with the patent protection will definitely help in encouraging more inventions for rare diseases thereby generating a world without disease. This paper surmises upon the importance of patent to orphan drugs and exclusivity to the manufactures which can be achieved only by appropriate policy decisions and regulatory framework.

Knowledge and Utilization of Digital Applications for Effective Service Delivery in Academic Libraries in South-South Universities, Nigeria

This study investigated knowledge and utilization of digital applications for effective service delivery in academic libraries in South-South universities, Nigeria. 3 research questions and 3 hypotheses were raised. The population included 181 selected Librarians in the twelve (12) selected universities in South-South, Nigeria as a case study. A sample size of 119 Librarians representing 66% of the population served as respondents. Convenience sampling technique was used for the study. A 25-item questionnaire was used for data collection. Cronbach alpha statistics was used to obtain 0.73 reliability. Mean/standard deviation were used for research questions and z-test statistics was used to test the hypotheses at 0.05 level of significance. The result amongst others revealed that, Librarian in both federal and state universities are knowledgeable about Library Catalogue Apps, Library Card and Account Management Apps, Digital Preservation and Archives Apps and others. Meanwhile, Librarians in both federal and state universities poorly utilize Digital Citation Management Apps, Digital Library Card and Account Management Apps and Digital Preservation and Archives Apps. The analysis also shows that, Librarians do not utilize Digital Augmented and Virtual Reality Apps, Digital Library Events and Notifications Apps, Reading and E-Book Apps, Digital Study and Collaboration Apps and Quick Response (QR) Codes scanners. The challenges academic libraries face in promoting digital applications are inadequate skilled staff to operate digital libraries, difficulty in the enforcement of intellectual property rights, non-utilization of digital library Apps.

Renewal of Intellectual Property Execution Auction Regulations to Support Creative Economy Actors Financing Schemes

Government Regulation Number 24 of 2022 concerning the Implementation of Law Number 24 of 2019 concerning the Creative Economy aims to optimize intellectual property as credit or financing collateral for creative economy actors. From the banking side, intellectual property as an object of collateral cannot be implemented for various reasons, including those related to the execution of intellectual property in the event of bad credit or financing. Eventhough auction regulations recognize intellectual property as intangible assets that can be executed, they still don’t provide legal certainty for both creditors and debtors. This research aims to analyse regulatory constraints in intellectual property execution auctions and renewal in auction regulations that need to be carried out to support creative economy financing schemes. This research uses a normative juridical approach with analytical descriptive research specifications and qualitative juridical data analysis. Based on the research, the following results were obtained: Although intellectual property is recognized as an object of execution auctions, regulation haven’t provide certainty regarding the execution mechanism, especially regarding the transfer of intellectual property rights. So, the idea is to make the rules stricter so that execution auctions can support intellectual property-based financing schemes for people working in the creative economy.

Analysis of Media Discourse on Intellectual Property Rights Related to Metaverse in Korea

This study examines the evolving discourse on intellectual property rights (IPR) within the metaverse's Korean context, facilitated by the BIGKinds analytics program. As the metaverse transitions from a nascent concept to a complex reality, it reshapes digital interactions and poses new challenges for IPR, necessitating a comprehensive investigation into societal interest and legal discourse. The findings reveal a significant surge in metaverse-related IPR engagement over the past three years, aligning with the broader digital shift amid the COVID-19 pandemic. This pattern suggests an increasing need for nuanced legal approaches to copyright, trademark, and design patent protection in virtual environments. Thus, the urgency for legal reform to accommodate the metaverse's unique characteristics, the necessity for international collaboration on IPR in a borderless digital domain, and the intersection of technological advances, like NFTs and blockchain, with legal frameworks impacting creators' rights. As a result, this study provides policymakers and the digital community with real-time guidance on protecting intellectual property amid the transformative growth of the metaverse.