Intellectual Property Rights Research Articles

How to safeguard social objectives of intellectual property rights in the context of investment arbitration

How to safeguard social objectives of intellectual property rights in the context of investment arbitration

Intellectual Property Rights in Agriculture: Plant Variety Protection and Food Security

This research explores the complex relationship between Intellectual Property Rights (IPRs) in agriculture, focusing on plant variety protection and food security. In this context, protecting plant varieties becomes key to enhancing agricultural productivity, addressing climate change challenges, and ensuring the sustainability of the food supply. Implementing intellectual property rights in agriculture also directly impacts the welfare of farmers and other stakeholders in the agricultural sector. Methodologically, this research adopts a normative approach, using various data sources and relevant analyses within the legislative framework. The research also elucidates the crucial role of institutions tasked with implementing plant variety protection measures within a broader IPR framework. The research findings indicate challenges and opportunities inherent in implementing plant variety protection measures, including legal and policy barriers, and opportunities for policy innovation and collaboration among government stakeholders, industry, and society. In conclusion, this research offers valuable insights into the complex dynamics between Intellectual Property Rights in agriculture, particularly plant variety protection, and food security. Furthermore, policy recommendations are proposed to strengthen regulatory frameworks for plant variety protection, enhance access to agricultural technology, and promote multi-stakeholder collaboration. Considering the complexity of the relationship between various aspects of IPR, plant variety protection, and food security, further research can explore innovative solutions to overcome existing barriers and capitalize on emerging opportunities. This may involve a more detailed analysis of existing legal and policy frameworks and exploring the practical implications of the policy recommendations outlined in the abstract in ensuring the sustainability of agricultural systems and food security in the future.

LEGAL CULTURE OF INTELLECTUAL PROPERTY RIGHTS PROTECTION OF TRADITIONAL MEDICINE BUSINESS PERFORMERS

Purpose: Research on Jamu (traditional herbal medicine and herbs) in the protection of Intellectual Property Rights (IPR) is important for several reasons: First, traditional knowledge in the form of herbal medicine and traditional medicine has economic value and needs to receive legal protection. Second, the local community's lack of understanding regarding intellectual property means they are not interested in taking economic benefits from traditional knowledge. Method: The theoretical framework used is legal culture theory, while the research method used is research methods socio-legal Results and Conclusion: The research conclusions obtained: First, the protection of intellectual property for traditional knowledge of herbal medicine as traditional medicine shows a strong legal culture concept. Second, the process of resolving disputes that occur between traditional herbal medicine business actors in Lamongan Regency shows a process of moving away from court mechanisms. Implications of research: Research on the legal culture of intellectual property rights protection of traditional medicine business performers has important implications in several aspects, including law, culture and business. The following are several implications that may arise from the research. one of them is Better Legal Protection.

Unveiling the TFP Nexus with ICT and IPRs: An Empirical Analysis of Textile & Apparel Industry of Pakistan

Textile and apparel industries of Pakistan are the largest industrial sector contributing about 60% to total exports and 25% of value-added of the manufacturing sector. The degree of competitiveness in this sector is closely associated with their Total Factor Productivity (TFP), which can be enhanced through trade liberalization, efficient and effective use of Information and Communication Technology (ICT), protection of intellectual property rights (IPRs) along with the investment in human capital, and advertisement expenditures. Additionally, investment in machinery and equipment and the role of subsidies cannot be ignored in enhancing TFP growth. This study utilizes data from the 2005-06 Census of Manufacturing Industries. Total factor productivity has been calculated employing the methodology of Tomiura (2007). The results indicate TFP is positively and significantly affected by ICT, IPRs, investment in machinery & equipment, human capital, import duties, subsidies for exports on TFP growth. The safeguarding textile and apparel industries from foreign competition relocates resources towards improving TFP whereas incorporation of ICT and IPRs enables firms to realize benefits of foreign developed technology which further improves TFP growth. Furthermore, the effect of advertising expenditures on TFP is positive but it lacks statistical significance.

Climate justice in the intersection between the CBDR&RC principle and intellectual property rights: a critical reading of international cooperation

ABSTRACT In this paper, I explore the intersection of climate justice and international cooperation, focussing on the compulsory licensing of climate-related technologies. I aim to contribute to a critical analysis of the role of intellectual property rights (IPRs) and global development in the twenty-first century, particularly within the context of a climate crisis, by: (i) explaining the evolution of the principle of Common but Differentiated Responsibilities and Respective Capabilities (CBDR&RC) in the international governance on climate change, and (ii) analysing discussions around compulsory licensing of climate-related technologies within the international system of IPRs’ protection. For this, I use qualitative research methods, including critical discourse analysis and a preliminary literature review, to understand the interactions between delegations and the narratives constructed for international cooperation to address climate change. I then argue that a ‘climate justice’ framework would improve discussions of the development and transfer of climate-related technologies and bring transformative possibilities for the understanding of global development.

Intellectual Property Law's Confiscatory Losses: Its Application in Dynamic Network Environments

This paper discusses confiscatory losses in the dynamic network enforcement of intellectual property (IP). IP law protects copyrights, patents, and trademarks. Instead, IP enforcement may consequence in "confiscatory damages." This occurs when the defendant's property is apprehended pursuant to a court order. For both individuals and companies, the internet has made sharing and disseminating innovative creations simpler. IP infringement is also increased by this. In these circumstances, IP law enforcement has become more crucial. Penalisations and sanctions for IP infringement in these conditions may be severe and upshot in confiscatory losses. So as to apply confiscatory losses in dynamic network conditions, this paper suggests reviewing IP law enforcement strategies. Hence, IP infringement penalisations and compensation should be proportionate to the harm caused and avoid confiscatory losses. Moreover, IP infringement can also be minimized by education, information, and alternative dispute resolution. IP law enforcement in dynamic network systems must strike a compromise between protecting IP rights and sidestepping confiscatory damages.

Legal Safeguards for Owners of Untapped Foreign Brands Under Indonesia's First-to-File Principle

This study examines the risks associated with unregistered trademarks, particularly in the context of Indonesia's adherence to the First To File principle. Employing normative methods with a statistical and statutory approach, data was gathered from Supreme Court Decision and DGIP Brand websites to identify potentially problematic and non-problematic brands. Results reveal three layers of legal protection for foreign brand holders outlined in TRIPS regulations, the Paris Convention, and Law no. 20 of 2016, each with its own limitations. Moreover, the study delineates two forms of legal safeguarding for brands: preventive measures through regulatory frameworks and repressive actions via sanctions for infringements. These findings underscore the importance of registering trademarks for robust protection, emphasizing the need for comprehensive legal strategies to mitigate risks for brand owners in the global marketplace. highlights : The study elucidates the vulnerabilities associated with unregistered trademarks within the framework of Indonesia's First To File principle. It identifies and examines the legal safeguards available to foreign brand holders under TRIPS regulations, the Paris Convention, and Indonesian Law no. 20 of 2016. The research underscores the significance of comprehensive legal strategies, including preventive measures and repressive actions, to protect brand owners in the global marketplace. Keywords: Unregistered trademarks, Legal protection, Brand ownership, Intellectual property rights, First To File principle.

Strategic Management of Intellectual Property Rights for Sustainable Competitive Advantage: A Study of Indian Chemical Industry

Strategic Management of Intellectual Property Rights for Sustainable Competitive Advantage: A Study of Indian Chemical Industry

The Urgency of IPR Registration as Protection of the Intellectual Work of Indonesian Lecturers

As times progress more rapidly, the existence and contribution of intellectual products, such as books and written works, in shaping the identity and progress of a society is becoming increasingly significant. However, with advances in technology and globalization, challenges to the security and protection of intellectual work rights are increasingly complex. It underlies the urgency of registering Intellectual Property Rights (IPR) as a real effort to protect creators' rights, motivate innovation, and build the foundation of a knowledge-based economy. Unfortunately, many academic lecturers do not realize the importance of having a creation registration letter. Some are aware but do not yet know the steps for managing copyright. Therefore, this community service is carried out as a presentation at a national seminar held by the Indonesian PkM Lecturer Association, which is carried out online to disseminate knowledge and information related to IPR. The participants are lecturers from all over Indonesia. Two general pieces of information are presented in the form of (1) education on the importance of IPR and the types of works that are protected and (2) steps for managing IPR and the documents required. It is hoped that this service activity can increase public awareness in general and academic lecturers in particular that IPR registration is not only a legal requirement but also a strategic step to form a society that respects creativity protects the rights of creators and encourages sustainable economic growth. Thus, this activity contributes to advancing knowledge in this country.

Exploring indigenous intellectual property rights and e-governance: a legal analysis of customary aboriginal knowhow in Arunachal Pradesh, India

The research study examines the legal protection of clan-based aboriginal healing processes, handicrafts, and unique creative works, which have been undermined from the ab initio. The government should shield the interests of their customary know-how under the IPR approach and community-based legal shields and documentation in the e-database. The research aims to investigate conventional aboriginal know-how practices of the Galo clan and e-governance meadow relating to the CAK issue and recommend lawful aspects. The researchers surveyed and collected information from 46 houses in Aalo town, Darka village, and Kabu village in West Siang District and Basar District in Arunachal Pradesh, the primary sources. The paper reports on findings from a study conducted in Arunachal Pradesh, India, to assess attitudes towards customary Aboriginal know-how (CAK) and its conservation. The survey demonstrates multiple views regarding the significance of safeguarding CAK through intellectual property rights (IPR) laws, traditional knowledge's role in socio-economic development, and whether e-governance can effectively help preserve CAK. In conclusion, a delicate balance must be between preserving traditional Galo practices and embracing modernity. A structured survey questionnaire collects quantitative data on attitudes, perceptions, and practices related to customary aboriginal know-how (CAK) conservation and legal protection. The questionnaire includes closed-ended questions to elicit specific responses from the informants regarding their views on safeguarding CAK, the role of intellectual property rights (IPR) laws, and the potential of e-governance in preserving CAK.

CRM TOOLS TO ENSURE THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

The article examines the main aspects of using CRM systems in the management of relationships in companies under the condition of ensuring intellectual property rights. It was determined that the protection of intellectual property rights is considered through the prism of the development and implementation of a system of legal norms that require regulation of relations aimed at the need to create and implement intellectual property objects. The need to protect intellectual property rights, which is mediated by the design, development and use of special software, has been proven. Based on the analysis of the essence of the concept of intellectual property and the definition of its main components, the introduction of specially developed software is proposed. The choice of the software environment and tools for the implementation of the visual design of the proposed database is substantiated, which unites all stages of its development and implementation in a single seamless environment for the purpose of ergonomics and optimization of writing code in the appropriate scripting environment, which aims to ensure the generation and reproduction of tables, comparison of databases, synchronization of schemes and data, preparation of reports and optimization of the methodology and technology of their distribution, as well as fast and effective security management in databases. The main areas of implementation of the CRM management strategy and the implementation of software developments in the organization of the company's work, as well as the components of the information support of CRM systems, are presented. The method of implementing the CRM strategy in the company's activities is proposed. An information system for accounting of the company's activities was designed and developed on the basis of the CRM system. The main features, advantages and disadvantages of using CRM systems in the company's activities are determined. The scientific and practical utility of the proposed information management system allows for a step-by-step and component analysis of all business processes, to make management decisions for the purpose of better cooperation and legal protection of intellectual property in the modern information space.

Impact of International Trade Agreements on Corporate Law

International Trade Agreements (ITAs) have a significant impact on corporate law. ITAs typically include provisions that affect a wide range of corporate law issues, such as reducing or eliminating tariffs and other trade barriers making it easier for corporations to export their goods and services to foreign markets, other provisions might protect foreign investment and promote investment flows between countries making it more attractive for corporations to invest in foreign markets. Some ITAs protect intellectual property rights, such as trademarks, copyrights, and patents that is important for corporations that rely on intellectual property to protect their products and services and ITAs also promote competition and prohibit anti-competitive practices which help ensuring that corporations compete fairly in the global marketplace. In addition, ITAs can also have a broader impact, for instance, ITAs can promote the adoption of common legal standards and practices, making it easier for corporations to do business in different countries. For Example, The North American Free Trade Agreement (NAFTA) includes provisions that made it easier for corporations to move goods and services between the United States, Canada, and Mexico leading to increased investment flows between these countries. The World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) has helped to strengthen the protection of intellectual property rights around the world which benefited corporations that rely on intellectual property to protect their products and services. The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) includes provisions that promote competition and prohibit anti-competitive practices in the Asia-Pacific region ensuring that corporations are competing fairly in the market. Overall, this Research Paper summarises how ITAs have a significant impact on corporate law and Corporations involved in international trade should be aware of the provisions of the relevant ITAs and how these provisions may affect their business.

TRANSFER OF INTELLECTUAL PROPERTY RIGHT AS A COMPANY ASSET IN BANKRUPTCY IN INDONESIA

The transfer of intellectual property rights (IPR) as a company asset during bankruptcy proceedings in Indonesia presents a complex legal landscape. This study examines the gap between existing legal frameworks and the practical realities faced by companies undergoing bankruptcy. Specifically, the research addresses the lack of clear guidelines on the valuation, transfer, and protection of IP rights, which are critical assets in the modern economy. This study utilizes the three research methods, which are Normative Approach and Conceptual Approach. Findings indicate significant inconsistencies and ambiguities in the legal treatment of IPR in bankruptcy cases. The aim of this research is to provide an understanding of how IPR can be included in the bankruptcy estate and distributed to entitled creditors based on an assessment by the curator. In conclusion, this research found that recommendations for legal amendments and policy interventions to bridge the identified gaps, thereby enhancing the protection and transferability of IP rights in bankruptcy contexts in Indonesia.

Policy recommendations for integrating artificial intelligence into global trade agreements

The integration of artificial intelligence (AI) into global trade agreements presents a transformative opportunity to enhance efficiency, competitiveness, and innovation in international commerce. This review outlines policy recommendations aimed at facilitating the seamless incorporation of AI technologies into the framework of global trade agreements. As AI technologies continue to proliferate across various sectors, including manufacturing, logistics, and services, understanding the implications and challenges of their integration into trade agreements becomes paramount. This review provides insights into the current landscape of AI in global trade, highlighting both the existing challenges and opportunities for leveraging AI to drive economic growth and sustainable development. Key policy considerations include the harmonization of AI standards, addressing intellectual property rights and data ownership, facilitating cross-border data flows, ensuring transparency and accountability in AI decision-making, mitigating potential job displacement and inequality, and promoting ethical AI practices. Drawing on case studies and best practices from regional trade agreements and industry-specific implementations, this review offers actionable recommendations for policymakers, businesses, and international organizations. These recommendations emphasize the importance of collaborative efforts, capacity building, and monitoring mechanisms to effectively harness the benefits of AI while mitigating potential risks. By embracing AI as a driver of innovation and efficiency in global trade, stakeholders can foster a more inclusive and resilient trading environment that maximizes the benefits of technological advancements for all participants.

Enhancing legal protection for geographical indication products: Strengthening the traditional ikat weaving industry as a local commodity in Gelgel Village, Klungkung District, Klungkung Regency

This study delves into the geographical indication regulations for Klungkung Endek and Songket craft products to ensure legal protection for weaving craftsmen. It is a type of normative legal research employing statutory and conceptual approaches, supported by primary, secondary, and tertiary legal materials. Data collection techniques include document study, observation, and interviews, and research analysis involves legal interpretation, which is then described qualitatively. The research findings indicate that Geographical Indication products can enhance regional economic capacity and, as such, must be safeguarded from irresponsible producers' claims practices. The challenges faced by craftsmen are primarily associated with the procedures for registering geographical indication products. Urgent efforts are underway to anticipate issues related to several claims concerning Endek and Songket motifs. The Regional Government of Klungkung Regency, through the Cooperatives and MSMEs Service, is actively providing education to Endek and Songket craftsmen regarding the significance of registering regional products as Geographical Indication Rights with the Director General of Intellectual Property Rights of the Republic of Indonesia. This education encompasses workshops, training sessions, and one-on-one consultations to assist craftsmen throughout the registration process.

Navigating the Complexities of International Economic Law: Implications for Global Trade and Investment

This paper explores the multifaceted landscape of international economic law and its profound implications for global trade and investment. Through a detailed examination of key legal instruments and treaties, including the World Trade Organization (WTO) agreements, Bilateral Investment Treaties (BITs), and Regional Trade Agreements (RTAs), the study elucidates how these frameworks shape the regulatory environment for international commerce. Central principles of non-discrimination, most-favored-nation (MFN) treatment, and national treatment are dissected to understand their practical application and impact on trade and investment flows. The role of international organizations in creating, enforcing, and shaping the norms and standards of global economic interaction is critically assessed. Furthermore, the paper delves into the legal challenges and strategic considerations businesses face in navigating international trade, investment protection, intellectual property rights, and the burgeoning digital economy. By examining case studies and practical implementations, the study highlights the dynamic interaction between legal frameworks and business strategy in the context of digital trade, data protection, and the use of digital currencies and blockchain in trade finance. This comprehensive analysis aims to provide insights into the evolving landscape of international economic law and offer strategic guidance for businesses and policymakers navigating these complexities.

A Framework for Innovating the Technological Startup in the Cordillera Region through an E-commerce Mobile Platform

The technological startup community is beginning to be recognized in solving various needs in the Cordillera region. However, these technological startups have limited growth because they encounter challenges such as financial concerns, limited market reach, lack of awareness of intellectual property rights, and inadequate digital infrastructure. Thus, the researcher proposed the development of an e-commerce mobile application that addresses the needs of startups. Through the use of data gathering techniques, the researcher was able to determine the design considerations in terms of the architecture framework and features of the e-commerce mobile application that addressed the problems encountered by startups in the Cordillera region. The use of the 4+1 view model illustrated the architecture framework of the e-commerce mobile platform for intended stakeholders by providing a logical view, process view, physical view, development view, and scenario view. The architecture framework was used to determine the features to be integrated into the proposed e-commerce mobile application to address the challenges of the technological startups of the Cordillera region.

Better Ways to Protect Indigenous Knowledge and Cultures Through Intellectual Property

Indigenous knowledge can be understood as a network of knowledge, beliefs and traditions that can be preserved and have some commercial value over time. Along with the increasing visibility of indigenous cultures in the global marketplace, there are also significant challenges. These challenges are often related to the physical destruction and utilization of indigenous lands and knowledge. The historical context and uniqueness of indigenous cultures suggest that they require greater attention and special protection under the law. From the current provisions and judgments, some individual authors have been compensated while the rights of the broader indigenous community have not been adequately protected. From an international perspective, the focus of the work of international organizations has expanded to include indigenous peoples' land claims and cultural rights. In addition to various international organizations and related instruments, a number of countries and regions are working to protect the intellectual property rights of indigenous cultures. Australia is a country that is typically faced with the protection of indigenous intellectual property. For Australia, the effective protection of indigenous knowledge remains an issue that needs to be addressed and managed through the legal realm. The positioning of indigenous knowledge in the law is complex and incomplete. Australia has played an important role at the international level, but the actual response within Australia to the international level has been minimal. Australia should therefore recognize and respond to these developments in legislation as soon as possible.

Pembiayaan Berbasis Kekayaan Intelektual Akibat Wanprestasi oleh Para Pelaku Usaha Ekonomi Kreatif

The objects of debt collateral are generally objects that have a exists for (tangible asset) such as land, buildings, vehicles and so on. However, in Law concerning the Creative Economy, precisely in Article 16, it is explained that the government facilitates intellectual property-based financing schemes that have economic value for creative economy business actors which will be further regulated in a government regulation. In terms of supporting the use of intellectual property as collateral objects to obtain credit, the government issued Government Regulation no. 24 of 2019 concerning Implementing Regulations of Law concerning the Creative Economy. So that creative economy actors in this case can take advantage of these facilities to develop their potential. Based on this background, the author formulates two problem formulations, namely: how are intellectual property rights (IPR) regulated for creative economy businesses as objects of debt collateral? What are the resolution efforts if a dispute occurs due to default by creative economy business actors? This thesis research uses normative juridical methods with a statutory approach (statue approach) and conceptual approaches. The legal materials used are primary legal materials and secondary legal materials using the library study method of collecting legal materials with research analysis using deductive methods.

Strategies for Managing Born-Digital Record in University Libraries: A Study of Federal University of Petroleum Resources Effurun

This study used the Federal University of Petroleum Resources, Effurun Library as a case study to investigate strategies for managing born-digital records in the university library. The study aims to ascertain the types of born-digital records available in FUPRE library, the strategies used for managing born-digital records, challenges of managing born-digital records. To achieve these objectives, the descriptive survey research was adopted. This research method was considered appropriate by the researchers because it allows for systematic collection and analysis of data to describe characteristics, behaviors, or opinions within a specific population. Hence it will help to provide insights into the current strategies employed by FUPRE library for managing born-digital records. The questionnaire was the instrument used for data collection and the data collected for the study were analyzed using simple percentages, frequency counts, and bar charts. The study found that: born-digital records such as test-based documents (for example Word documents, and Google documents), etc., library presentations e.g., PowerPoint, spreadsheets e.g., Excel, digital documents e.g., PDFs, and electronic memos are the born-digital records are available in FUPRE library; the only policy in place regarding the management of born-digital records is the policy on storage of born-digital records. The study also found that the library’s strategies for preserving born-digital records are refreshing, migration, and replication and that their strategy for disposing of born-digital records is deletion while the challenges of managing born-digital records are technological obsolescence, lack/poor digital storage facilities, copyright, and intellectual property rights issues among others. These findings contribute to the understanding of current practices and challenges in managing born-digital records within university libraries, specifically at the Federal University of Petroleum Resources Effurun (FUPRE) library. The study recommends that the library management should formulate policies that will cater to the creation/generation, preservation, transfer/exchange as well as the disposition of born-digital records giving them direction when it comes to managing born-digital records in the library among others.