IPR Protection Research Articles

The Benefits of Registered Trademark for MSME Actors in Surakarta City: A Case Study of IPR Protection

This research aims to examine and analyze the benefits obtained by MSME actors in Surakarta after registering their trademarks. This research uses the empirical research method. The primary data were collected using direct interviews. The data obtained in this research were then analyzed qualitatively to analyze problems and answer study purposes. The results show that the IPR has provided legal certainty and protection for the Owner. Apart from getting legal protection, the rights Owner of the trademark also gets material and immaterial benefits. In this case, the rights Owner of the Mal Mel trademark feels the immaterial benefits. Furthermore, the rights Owner of the Mal Mel trademark prefers to give a direct warning if she finds a social media account plagiarizing his trademark rather than through positive legal procedures. At the same time, the rights Owner of the Mal Mel trademark does not think of making a profit by earning and receiving compensation from plagiarists. Therefore, it is recommended for every business actor, especially those with large and developing scales, to register their trademarks. In addition, MSME actors can also register the trademark to DGIP using the collective system. On the other hand, it is also recommended for the Government increase public understanding and trust in solving problems through positive legal procedures, even though the crime of IPR plagiarism is included in the category of constituted complaint delict.

The effects of FDI on innovative entrepreneurship: A regional-level study

A growing number of studies report findings on FDI's impacts on entrepreneurship activities in the host country, but less attention is given to the question of how FDI spills over to different types of entrepreneurship. This study empirically tests how FDI innovation activities influence innovative entrepreneurship entry and growth. Fixed-effect panel data analysis was applied to examine original field data from multiple official databases in China in 31 provinces from 1998 to 2007. The study shows that FDI innovation activities increase innovative entrepreneurship entry. The relationship is positively moderated by IPR protection. Moreover, FDI innovation activities also promote entrepreneurial growth. These findings contribute to a better understanding of dissimilar FDI spillovers to different entrepreneurship types. Such insights help expand the theoretical and practical research of FDI spillover on entrepreneurship from entrepreneurship as a whole to the attributes and processes of entrepreneurship.

WTO체제하에서 강력한 지식재산권의 보호에 관한 연구

Purpose : This paper examines how The U.S has led to global intervention in the issue of intellectual property protection and proposes a multilateral approach to the demand for a strong level of intellectual property protection. Research design, data and methodology : This paper examines the WTO agreement specially Trade-Related Aspects of Intellectual Property Rights(TRIPS) and analyzes the relevant articles, the developing history of the United States relating IP regime and IPR protection modes. Results : When emerging economies such as China, Brazil, and India become strong and innovative countries, and these countries reflect the US IPR system as it is in creating their intellectual property systems, it may eventually lead to a dilemma. Conclusions : A lot of effort is still needed for WTO member states, except for developed countries, to meet the high-level IPR protection and implementation system that the US insists on. Therefore, it would be most exemplary if the current TRIPS improvement could escape the dilemma of focusing on strong IPR protection and implementation.

Legal Protection of Trade Secrets over the Potential Disposal of Trade Secrets Under the Re-Engineering Precautions

The Indonesian Trade Secrets Law Number 30/2000 (ITS Law) postulates exemptions for acts that are not considered infringements to protect trade secrets. One of them is the reverse engineering of other people’s trade secrets. The problem is that the ITS Law does not limit the extent to which reverse engineering can be justified. The absence of these limitations also allows attempts to disclose trade secrets under the pretext of reverse engineering. This problem ultimately results in the absence of legal certainty for the protection against trade secret disclosure, which is the sole responsibility of the trade secret owner. This article aims to re-analyze the protection provided by the ITS Law and examine the extent to which the limitations on reverse engineering can be justified in the ITS Law. This article used normative juridical research methods combined with statutory, conceptual, and case approaches. It revealed a paradox in the protection of trade secrets against the possibility of trade secret disclosure. This article concluded that changes are necessary to the ITS Law, specifically by adjusting to the basic principles of IPR protection, limiting the extent to which the reverse engineering of other people’s trade secrets can be justified, and adding a “Good Faith” clause in performing reverse engineering actions.

Venture capital investment, intellectual property rights protection and firm innovation: evidence from China

ABSTRACT We examine the heterogeneous effects of venture capital (VC) investment on firm innovation. Using a panel dataset of Chinese manufacturing firms, we find that VC-backed firms outperform non-VC-backed ones in patenting activities, new product sales, and exports because of the ex-ante selection and ex-post value-added effects of VC investment. Firms with better performance in innovation are more likely to get VC support, and such outperformance is magnified after the VC investment is made. Moreover, the impact of VC investment on firm innovation is greater when the protection of IPR is stronger. In addition, firms backed by more experienced VC firms (VCFs) generate more commercialized innovation but are less productive in patenting activities than firms backed by less experienced VCFs. Finally, firms backed by state-owned VCFs outperform in patenting activities but underperform in commercialized innovation those backed by other types of VCFs. Identification and selection issues are addressed by the propensity score matching approach and two-stage estimations.

Governance choice misfit and firm performance in offshoring innovation: the role of institutional environment

In this paper, we analyse the effect of institutional factors on the relationship between governance choices and business outcomes when offshoring innovation. Grounded in an institutional theory perspective, we use survey data from the ORN database to estimate regression models and identify governance modes related to specific drivers of offshore innovation. We then analyse the effect on firm performance of choosing a governance mode not in line with the one predicted by the model. We find that choosing a fully owned offshoring operation when theory would predict selecting offshore outsourcing has a negative effect on performance, but not vice versa. We also find that institutional factors of rule of law and IPR protection strength in host countries negatively affect firm performance when offshoring innovation activities.

PENGEMBANGAN POTENSI PRODUKSI USAHA MIKRO, KECIL, DAN MENENGAH DI PONDOK PESANTREN MELALUI PENDAMPINGAN HAK KEKAYAAN INTELEKTUAL

Islamic boarding schools as one of the educational facilities are currently starting to develop their potential in the economic field by establishing business centers. Most of the businesses owned by pesantren are micro, small and medium scale enterprises (MSMEs). MSMEs are considered to play an important role in Indonesia's economic activities because most businesses in Indonesia are small businesses that absorb a lot of labor. However, significant developments in terms of quantity have not been accompanied by developments in terms of quality. The purpose of this study is to analyze the mapping of potential business products from Islamic boarding schools in Malang, analyze the obstacles faced by MSMEs in Islamic boarding schools in product innovation about ntellectual Property Rights. for MSMEs to increase production potential. This study employs Juridical Empirical research. The focus of this research is the protection of IPR for MSMEs in Islamic boarding schools in Malang. Based on the results of the study, it can be concluded that the potential of MSME products owned by Islamic boarding schools in Malang City is currently quite diverse, ranging from supermarkets which are not only limited to internal boarding schools but also for the surrounding community. This activity also opens up opportunities for opening up job opportunities for many people as well as providing entrepreneurial education for students. Given the enormous benefits, this potential needs to be continuously supported and developed from various aspects, one of which is in terms of guaranteeing legal protection for MSME products of Islamic boarding schools through IPR assistance. Constraints faced by MSMEs in Islamic boarding schools in product innovation in relation to Intellectual Property Rights include: lack of detailed understanding of legal protection for MSME actors; stages of trademark registration that are considered difficult. Management is considered to only be able to be done directly and cannot use an online mechanism so that it will require quite a lot of costs; and product exclusivity is not the main thing, business competition is not too tight. IPR protection for MSME products is needed to prevent ideas that are owned and then stolen and used by other parties. Some forms of IPR protection that can be given to MSME products in Islamic boarding schools are through copyright management, brand rights, and having trade secrets.

6G Technologies – How Can It Help Future Green Business Model Innovation

In the last few years businesses have been motivated and pushed by governments and global society on innovating and developing Green Business Models. However, Reconfiguring, designing and developing green business models to become efficient and valuing Green Business Models have shown to be much more complex than expected. It includes balancing monetary and non monetary value formulas of business models in symbiosis. Not just for the single business – but for businesses in their entire value network. This includes security challenges related to securing that green business models really are green – and not based on greenwashing. As green business models demand in long term perspective a very open business model innovation approach, it calls for stronger and new security technologies. Protection of IPR’s of Business Models and businesses competences, so they are not one to one copied with out giving value back to “the Business Model designer” and the rightful original owner of the business models is a major security challenge related to green business models. Green Business Models and Green business Model Innovation calls therefore for new and more advanced security approach, technologies and understanding. Previous business model innovation security practice and systems cannot fully offer these solutions – but 6G of wide-area wireless security technologies – as an umbrella – gives hope and can potentially play major role with new security technologies supported by AI, AR and blockchain technologies. This evolvement is highly and urgent needed to support the success of our society’s green transformation. The paper document through Nordic green business model cases some of the above mention security challenges that green business models and green business model innovation stand in front of and need to innovate solutions for. The paper discuss and propose how 6G and related technologies could help.

Intellectual property rights protection and survival risk – historical evidence from Chinese R&D firms

ABSTRACT The firm survival risk is essential to intellectual property strategy implementing in China, however only a few studies focus on this problem. The paper investigates the effect of intellectual property rights protection system (IPR) on survival risk. Specifically, we use an event history analysis to track 8486 firms entering the market from the year 2000, and employ computing methods of the time-dependent Cox model. One important finding from this study is that the survival risks of R&D firms can be reduced approximately 22.57% by every additional unit of intellectual property, and the marginal effect raises to 28.33% with the exclusion of the administrative factors. Another important finding is that the relationship between IPR protection and survival risk is affected by R&D revenue. Finally, the survival risk for all those firms with substantive innovation rather than strategic innovation can be greatly affected by IPR system.

Legal Protection of Intellectual Property Rights for Micro, Small and Medium Enterprises (MSMEs) Products in Kendari City

The purpose of this research is to find out the legal protection of Intellectual Property rights for MSME products in Kendari City and the efforts of the Kendari City government in order to provide legal protection of intellectual property rights over MSMEs products. This research uses normative juridical research methods, namely legal research conducted by examining library materials or secondary data as basic materials to be researched by conducting a search of regulations and literature related to the problems studied. This research emphasizes and used the approaches such as statute approach and conceptual approach. The results showed that: 1) The legal protection of intellectual property rights to MSMEs products in Kendari City included brand protection, copyright, industrial design, trade secrets, and patents. Brand Protection is the most widely used choice by MSMEs in Kendari City to create a strategic bargaining position on a national and international scale. This is in accordance with the data of IPR registration applications in Kendari City which is dominated by registration of brand registration applications. Types of IPR protection other than brands can also be utilized by MSMEs by looking at the advantages and disadvantages of IPR protection for use in business activities carried out, and 2) Efforts of the Kendari City government to protect and empower Small and Medium Micro Enterprises in Kendari City include: a) Increasing human resources Capacity through technical guidance, b) Providing training and socialization to MSME actors regarding IPR registration procedures, c) The IPR registration fee of MSME products is cheaper, d) Give an Intensive financing to IPR registration for MSME products.

Intellectual property rights, agricultural biotechnology and food sufficiency: strengthening the Nigerian intellectual property legal framework for food self-sufficiency in the aftermath of a global pandemic

ABSTRACT This article focuses on the imperatives of self-sufficiency in food production in Nigeria from the experience of the COVID 19 pandemic, and examines the role of intellectual property rights (IPRS) in boosting productive capacity. While the different types of IPR protection standards remain relevant to the overall goal of food self-sufficiency in respect of the different activities and outputs along the food value chain, the main emphasis of the article is on patent and plant varieties protection (PVP) in connection with agricultural biotechnology. The article is library-based and explains the meaning and import of food self-sufficiency, the factors responsible for the weak capacity for food self-sufficiency in Nigeria in particular, and other African countries vis-à-vis potentially enabling factors. It also examines the strength and weaknesses of the current IP laws in Nigeria, and how Nigeria could repurpose or improve her laws to achieve the objective of food self-sufficiency. The article found that IPRs are relevant in boosting greater efficiency and productivity of Nigerian agriculture to strengthen food self-sufficiency, but the current IPR framework are not designed to circumvent the perils and leverage the benefits of IPRs that would help unlock the potential of the sector for food self-sufficiency.

Cultivating Intellectual Property Rights Competence in Teachers in Ukraine: Attitude, Challenges, Solutions

The research aims to substantiate the need to cultivate the IPR competence in secondary education teachers. Its relevance lies in the fact that the relevant knowledge and skills help promote respect for others’ intellectual works and prevent IPR infringements. The findings reveal, inter alia, lack of understanding of the need to observe the IPR-related legal framework; teachers’ insufficient IPR competence and understanding; the need to review the state policy on education regarding IPR protection; teachers’ willingness to protect their copyright; the need for a relevant IPR competence cultivation within teachers’ training and qualification enhancement, etc.

The Interface Between WIPO and Paris Convention in Protection IPR

This research work aims to establish a link between WIPO and Paris Convention from national and international perspectives. Furthermore, the lack of implementation of legislation at the national level is one of the greatest setbacks in the history of IPR protection. Basically, the value of human rights is largely tested by its implementation. The earlier form of Industrial property underwent a transformation after the Paris Convention to be nomenclature as Intellectual property. IPRs, such as patents, plant variety protection, copyrights, and trademarks, are exclusive monopoly rights over a creation that the society provides to the inventor for a period of time. While such monopoly protection obviously restricts the dissemination of knowledge, it is supposed to be counterbalanced by the incentive that it provides to innovate. Intrinsic, natural, interrelated, indivisible, inalienable, basic, instrumental, and inherent rights are ought to be protected if required, for maintaining peace in the society. Imperialism, colonialism, and inequalities among the states were some reasons of concern for the development of IPR. Keywords: IPR, Industrial, Design, Convention, WIPO,Protection DOI: 10.7176/IAGS/92-02 Publication date: December 31 st 2021

Restrictions on Trade in Telecommunications: WTO’s Cybersecurity Conundrum

This article examines the role of the World Trade Organization (WTO) in balancing the nexus among a rule-based multilateral trade system, national security, and cybersecurity. It presents a historical account of restrictions placed on the telecommunications trade over national security concerns and focuses on the significant political risks thereof for the WTO if these restrictions are challenged at its dispute settlement system. An analysis based on the WTO Panel rulings in ‘Russia – Traffic in Transit’ and ‘Saudi Arabia – Protection of IPRs’ is revealing in this context. It shows that, despite the obvious cybersecurity concerns, the invocation of the national security exception is not straightforward. The turn to power politics and regionalism highlights the significance of multilateral organizations that provide a more inclusive structure to reflect and protect the interests of all their members, not just those that hold positions of power and control. As long as the stalemate at organizations such as the United Nations (UN) and the International Telecommunication Union (ITU) continues, despite the need for a more legitimate, inclusive multilateral framework, the expectation of a ruling on trade-related aspects of cybersecurity will place an unnecessary burden on the WTO dispute settlement system. Cybersecurity, World Trade Organization, National Security Exception, Telecommunications, Multilateralism, Regionalism, Geopolitics

Digital Era and Intellectual Property Challenges in Malaysia

The world is undergoing a digital transformation where everyday connections are done among people, businesses, data, and processes online. The digitalisation is taking shape and undermining conventional notions about how businesses are structured, how firms interact and how consumers obtain services, information, and goods. Issues of piracy and infringement of IPRs raise concerns surrounding the enforcement of legal measures for (IPRs) protection. The paper seeks to explore the challenges of IPRs protection towards the world of digitalisation. This research utilities secondary data and semi-structured interview with government officials who are directly involved in the IPRs. The findings reveal that the challenges dwell in the issues of the rise of technology which requires advanced technology to cope with it, the lack of enforcement officer to monitor the entry point to the country, the issues of cross border where the agencies need to cooperate with international agencies, lack of awareness among the public, territorial limitation and the piecemeal of the institutional framework. Finally, recommendations on how to improve the enforcement are offered.

Politik Hukum Kewenangan Pemerintah Daerah dalam Pengaturan Hak Kekayaan Intelektual

Seiring dengan perkembangan ilmu pengetahan dan teknologi, objek perlindungan hak kekayaan intelektual pun semakin berkembang dari waktu ke waktu. Objek-objek yang dimaksud tidak hanya ada di satu tempat saja, tetapi menyebar di berbagai daerah. Pada beberapa cabang HKI, salah satunya karena kepemilikan komunal atau penemunya tidak lagi diketahui, tidak dapat diberikan perlindungan perspektif HKI, misalnya pengetahuan atau obat-obatan tradisional. Beberapa kasus di antaranya adalah pembajakan keanekaragaman hayati dari pengetahun obat-obatan tradisional Indonesia, yakni dipatenkannya tanaman brotowali oleh perusahaan Jepang. Di sisi lain, peraturan perundang-undangan bidang HKI minim memberikan kewenangan secara langsung kepada pemerintah daerah berkaitan dengan perlindungan HKI. Oleh sebab itu, penelitian yang bersifat normatif dengan pendektan peraturan perundang-undangan ini mengkaji politik hukum tentang kewenangan pemerintah daerah dalam peraturan perundang-undangan di bidang hak kekayaan intelektual. Hasilnya, dari seluruh peraturan perundang-undangan bidan HKI, kewenangan pemerintah daerah secara eksplisit hanya diatur dalam Undang-Undang Merek dan Indikasi Geografis. Selebihnya penyebutannya bersifat umum, misalnya penggunaan istilah “negara” dalam Undang-Undang Hak Cipta sebagai pemegang ekspresi budaya tradisional dan hak cipta atas ciptaan yang penciptanya tidak diketahui. Padahal, dalam konteks negara hukum, wewenang pemerintahan berasal dari peraturan perundang-undangan yang berlaku, sejalan dengan asas legalitas yang merupakan dasar dalam setiap penyelenggaraa kenegaraan dan pemerintahan.

What do Firms Gain from Patenting? The Case of the Global ICT Industry.

This study investigates the relationship between patenting activity, productivity, and market competition at the firm level. We focus on the Information and Communication Technology (ICT) industry as a particular case of an innovative sector whose contribution to modern economies is pivotal. For our purpose, we exploit financial accounts and patenting activity in 2009-2017 by 179,660 companies operating in 39 countries. Our identification strategy relies on the most recent approaches for a difference-in-difference setup in the presence of multiple periods and with variation in treatment time. We find that companies being granted patents increase on average market shares by 11%, firm size by 12%, and capital intensity by 10%. Notably, we do not register a significant impact of patenting on firms' productivity after challenging results for reverse causality and robustness checks. Findings are robust after we consider ownership structures separating patents owned by parent companies and their subsidiaries. We complement our investigation with an analysis of market allocation dynamics. Eventually, we argue that policymakers should reconsider the trade-off between IPR protection and market competition, especially when the benefits to firms' competitiveness are not immediately evident.

Dasar-Dasar Pemikiran Perlindungan Hak Kekayaan Intelektual

Basically, humans are born with different intellectual abilities in processing their thougths and produce somethingfrom that thought. Therefore, it is important to provide protection for the results of thought through the intellectual property rights regime. However, in practice there are still many cases where the intellectual property of a person or agroup or a legal entity is used without prior permission. This juridical normative research examines fundamental thoughts for the protection of the results of one's thinking which is called intellectual property rights. There are several thoughts which become form the basis for protecting intellectual property rights; they are the natural right protection to reputation that has been built over a long time and quite high cost and also as a form of compensation and encouragement for people to create or find something.With the basic ideas behind the protection of IPR, the protection provided will be maximized, and the results of one's thinking will be more respected, both moral rights and economic rights

Innovative R&D offshoring in North–South trade: Theory and evidence

AbstractThis study proposes a general equilibrium model to describe innovative R&D location decisions by multinational firms. Using two countries, a developed North and a developing South, the model examines Northern firms employing researchers in the South in order to produce new varieties of a good. The Northern firms risk their product being imitated when offshoring research. Southern researchers may take information learned while employed by the Northern firm and start their own competing firm. The model's main predictions are supported empirically by a data set constructed with U.S. patent data. For high‐tech industries, stronger IPR protection in the South increases both industry‐level and firm‐level offshoring at a rate faster than low‐tech industries. Southern import tariffs do not affect firm‐level innovative R&D offshoring.

The Role of a Non-Disclosure Agreement on the Protection of Intellectual Property Rights

This article provides information on the importance of a non-disclosure agreement (“NDA”) for the protection of intellectual property rights (“IPR”). The provisions need to be included in NDA for the protection of IPR, legal consequences in case of a violation of any provision of NDA, and appropriate regulations within the relevant legislation of the Republic of Azerbaijan are discussed in this article. It is reviewed particularly in the context of the relationship between an employee and an employer regarding intellectual property (“IP”).