Intellectual Property Issues Research Articles

Intellectual Property Risks and Countermeasures in Cross-Border E-Commerce

Cross-border e-commerce has experienced rapid development driven by globalization trends, emerging as a significant force propelling international trade and economic growth. However, with the intensification of legal, cultural differences, and technological changes across nations, intellectual property issues in the cross-border e-commerce sector have become increasingly prominent. Intellectual property serves as the core of business innovation and market competition; any infringement thereof can lead to substantial financial losses for enterprises and erode market trust and brand reputation. Cross-border e-commerce enterprises face multifaceted intellectual property risks, including infringement, brand theft, and data leakage, particularly within differing legal systems, complicating these issues further. The protection of intellectual property is not only crucial for safeguarding corporate interests but also a necessary prerequisite for ensuring the healthy development of the global market. In response, cross-border e-commerce enterprises must adopt proactive measures, ranging from institutional construction to enhancing user awareness, to comprehensively address intellectual property risks and ensure their competitiveness and sustainable development in the international market.

Video Generative AI in Digital Marketing: A SWOT Analysis on E-Commerce

Artificial Intelligence (AI) is reshaping the way various business processes are performed, most rapidly in digital marketing, due to its advanced computational capabilities. ECommerce companies are in advantageous position to adopt and reap the benefits of AI for many reasons including the readily available computational infrastructure and big data related to their users and processes. Meanwhile, big tech companies and startups are competing to create and improve generative AI models, that create high-definition videos based on inputs in the form of text, image or videos. The current research specifically aims to analyse the video outputs of various video generating AI models available for digital marketing purposes in ecommerce businesses and to rationally analyse how those video generative AI models benefit or affect e-commerce companies. To meet the research objectives, mixed methodologies of experimentation and content analysis were deployed. It was observed that the video outputs from the tested models were not yet suitable for digital marketing and appeared underdeveloped. Additionally, the SWOT analysis revealed advantages like low costs, alongside concerns such as intellectual property issues.

Constitutional Guarantees of Intellectual Property Protection in the Context of Digital Transformation: Ukrainian Experience

The purposes of this research are to determine the legal status of intellectual property in the context of digital transformation; to analyse the role of innovative digital technologies in the legal regulation of intellectual property issues; to provide a detailed description of the measures of constitutional protection of intellectual property in the context of digital transformation in Ukraine; to systematize knowledge about constitutional guarantees of intellectual property protection; to determine the role of specialised courts in ensuring intellectual property protection; to provide specific proposals for the development of the legal framework for intellectual property protection. An important aspect of the current study is an in-depth analysis of the challenges and threats of digital transformation to intellectual property. In order to achieve this purpose, the following methods were used: the general philosophical method, the method of system analysis, synthesis, the dialectical method and the formal logical method, the method of deduction and induction. These methods have been used to formulate scientifically significant and practical conclusions on proposals for improving intellectual property legislation in line with the challenges and threats of digital transformation, as well as to provide interim conclusions in accordance with the research purpose.

Legal regulation of intellectual property issues within technology transfer in Ukraine

Problem setting. Technologies affect many intellectual property issues, from inventions and technology brands to the content of transfer agreements, so the harmonious coverage of such aspects and consideration of the needs of interested parties in the current legislation is an urgent problem. Analysis of recent researches and publications. The new requirements of the technology transfer ecosystem affect the widening variety of intellectual property rights that arise with the creation of today’s technologies. Legislation should be flexible to such changes. Purpose of research is a critical review of the Law of Ukraine “On State Regulation of Activities in the Field of Technology Transfer” and the development of proposals for its improvement. Article’s main body. It is established that the said Law is more focused on inventions, while copyright, industrial designs, and trademarks are considered very limited, and separate provisions generally exclude the importance of such types of intellectual property for technology transfer; the said Law contains conceptual legal inaccuracies in the distinction between assignments and license agreements. It is proposed to replace the terms “patenting” and “patent immunity”, which appear many times in the document, with the broader and more flexible terms “acquisition of intellectual property rights” and “immunity from the intellectual property rights of third parties”, respectively. Such a proposal is justified as follows. In Ukraine, patents are granted only for inventions and utility models. Industrial designs receive a certificate of registration (as in the EU), the same applies to copyright (at the owner’s request) and trademarks. In the Digital Age, copyright now serves more than just the creative industries. Industrial designs are found everywhere and not taking into account this type of intellectual property from the economic evaluation of the technology or the research of promising areas is unjustified. A technology brand can move alongside it. Patent analysis provides insight into technologies and technological capabilities, as well as new business opportunities. Obtaining trademarks for patented solutions increases the value of these technical solutions, and trademark analysis provides information on the areas in which competitors operate, promising niches and regions, promising products and services, as well as customer interaction approaches and branding strategies. It is also proposed to set out in the document the definition of the term “technology transfer agreement” in accordance with Regulation 316/2014/EU, namely to add to the already existing definition that it can also be a license agreement entered into between two undertakings for the purpose of the production of contract products by the licensee and/or its sub-contractor(s). Conclusions and prospects for development. On the basis of the justifications given in the presented article, it is proposed to make appropriate amendments to the Law of Ukraine “On State Regulation of Activities in the Field of Technology Transfer” in Articles 7, 8, 13, 14, and 23 in the direction of expanding the types of intellectual property and in Article 1 in the direction of expanding definition of the term “technology transfer agreement”.

Analysis of Green Intellectual Property Issues and Countermeasures from the Perspective of International Law

As an advanced form of productivity driven by green technological innovation, there exists a natural fit and close connection between new quality productivity and green intellectual property rights. Legal protection is the cornerstone of the development of new productivity, in which the comprehensive protection of intellectual property rights is particularly crucial: green intellectual property rights, as a key force to adhere to sustainable development and promote scientific and technological progress and economic growth, has a central role to play in incentivizing environmental protection as the core of independent innovation, thus becoming an indispensable institutional guarantee for the development of new productivity. This institutional guarantee ensures the legitimate rights and interests of innovation achievements, and is a powerful driving force and a long-term solution for the continuous progress of productive forces. At present, the field of intellectual property cooperation is encountering diversified challenges and problems: the unilateralization caused by some developed countries, the rigidity of international rules on intellectual property, the stagnation behind the digital age, and the imbalance in the distribution of existing international benefits of intellectual property, which should be paid close attention to. In order to effectively promote green technological innovation and escort the green intellectual property protection system to a stable and far-reaching future, countries and enterprises should face the current challenges rationally, correctly understand the differences and conflicts between green intellectual property rights and ordinary intellectual property rights, gain a deeper understanding of the existing relevant international law foundations, and promptly solve the green intellectual property rights issues, improve the relevant international conventions and treaties, strengthen the coordination and cooperation of international organizations, and establish a fair and reasonable green technology patent protection mechanism. fair and reasonable patent protection mechanism for green technology. Only when countries join hands to improve the green intellectual property protection mechanism, jointly combat transnational infringement and maintain a fair market competition environment can the legitimate rights and interests of innovators be safeguarded.

Ethical dimensions of generative AI: a cross-domain analysis using machine learning structural topic modeling

Purpose The purpose of this study is to comprehensively examine the ethical implications surrounding generative artificial intelligence (AI). Design/methodology/approach Leveraging a novel methodological approach, the study curates a corpus of 364 documents from Scopus spanning 2022 to 2024. Using the term frequency-inverse document frequency (TF-IDF) and structural topic modeling (STM), it quantitatively dissects the thematic essence of the ethical discourse in generative AI across diverse domains, including education, healthcare, businesses and scientific research. Findings The results reveal a diverse range of ethical concerns across various sectors impacted by generative AI. In academia, the primary focus is on issues of authenticity and intellectual property, highlighting the challenges of AI-generated content in maintaining academic integrity. In the healthcare sector, the emphasis shifts to the ethical implications of AI in medical decision-making and patient privacy, reflecting concerns about the reliability and security of AI-generated medical advice. The study also uncovers significant ethical discussions in educational and financial settings, demonstrating the broad impact of generative AI on societal and professional practices. Research limitations/implications This study provides a foundation for crafting targeted ethical guidelines and regulations for generative AI, informed by a systematic analysis using STM. It highlights the need for dynamic governance and continual monitoring of AI’s evolving ethical landscape, offering a model for future research and policymaking in diverse fields. Originality/value The study introduces a unique methodological combination of TF-IDF and STM to analyze a large academic corpus, offering new insights into the ethical implications of generative AI across multiple domains.

Analysis of Intellectual Property Rights as an Object of Fiduciary Guarantee on Banking Credit

This writing aims to analyze Intellectual Property Rights as an object of fiduciary guarantee, which until now cannot be said to be maximal, because banks and guarantee institutions have not been able to accept copyright patent rights as fiduciary collateral. There are no clear methods and regulations regarding the basis of Intellectual Property Rights themselves, one of which is regarding the value of the rights attached to intellectual property. This paper discusses the issue of intellectual property rights as an object of fiduciary collateral for credit in banking and how in the future patents and copyrights can be used as objects of fiduciary collateral in banking properly. The theories used in analyzing the problem are legal system theory, ownership theory and fiduciary guarantee theory. The method used in this research is normative legal research which was carried out as an effort to obtain the data needed for the problem. The data used is secondary data and tertiary legal materials. The primary data is used as supporting secondary legal material. And data analysis was carried out using qualitative juridical analysis methods. From the results of this research, it can be seen how the position of patents and copyrights as intangible assets should be used as objects of fiduciary guarantees in banking, by adding the words Intellectual Property Rights regarding guarantees to the Bank Indonesia Regulations (PBI). And what is the concept of examination and assessment of the economic value of intellectual property rights, especially patents and copyrights, which will be used as a reference in calculating financial and legal risks for collateral recipients in future implementation.

Development of a Design Process to Address Intellectual Property Issues in AI-Generated Works in the Beauty Design Field: A Case Study of Domestic and International Examples

Development of a Design Process to Address Intellectual Property Issues in AI-Generated Works in the Beauty Design Field: A Case Study of Domestic and International Examples

Актуальные вопросы в части развития института интеллектуальной собственности Союзного государства

In the article it is analyzed the legal regulations of the Union State regarding intellectual property issues. The position is formulated about the lack of uniformity of terminology used in the provisions of acts of the Union State, as well as about the existence of contradictions between the norms of the Annex to the Agreement between the Government of the Russian Federation and the Government of the Republic of Belarus on scientific, technical and innovative cooperation “Intellectual property and confidential information” with domestic legislation. A proposal has been made to unify the terminology of the regulatory legal framework of the Union State in accordance with the conceptual and categorical apparatus of the domestic legislation of the participating states. According to the analysis of the problem of legitimization of parallel trading, various requirements of domestic legislation in relation to the regulation of parallel trading on the territory of the member states of the Union State have been identified. A proposal is being formulated to develop unified approaches to compiling a catalog of production containing intellectual property objects may to be imported into the regions of the Union State.

CPTPP Intellectual Property Rules and China's Response

In the complex and changeable international environment, due to the serious crisis of the multilateral trading system of the World Trade Organization and the influence of trade protectionism of Western countries, the United States and other developed countries try to promote trade facilitation through institutional changes and innovations in the field of intellectual property in order to seek more benefits. In order to avoid being marginalized in the reconstruction of international economic and trade rules and affecting trade exchanges between China and other countries, China formally submitted a written application to join the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) in 2021. The CPTPP, which came into effect in 2018, covers a wide range of content, comprehensive and high standards. So far, the issue of intellectual property is still one of the most important issues that some countries want to solve if they want to join the CPTPP. Although CPTPP shelve the 11 high-standard provisions in TPP, there is still a certain gap between China's intellectual property legal system and the CPTPP intellectual property rules at present. In order to successfully connect with the CPTPP intellectual property rules, it is necessary for China to conduct a comprehensive investigation of its intellectual property text and analyze the differences between it and the domestic intellectual property legal system. And put forward countermeasures.

Digital Preservation Strategies for Cultural Heritage in North Africa in Egypt

Purpose: The aim of the study was to investigate the digital preservation strategies for cultural heritage in North Africa. Methodology: This study adopted a desk methodology. A desk study research design is commonly known as secondary data collection. This is basically collecting data from existing resources preferably because of its low cost advantage as compared to a field research. Our current study looked into already published studies and reports as the data was easily accessed through online journals and libraries. Findings: Digital preservation strategies for cultural heritage in North Africa emphasize robust technological infrastructure, collaborative initiatives among stakeholders, capacity building for local professionals in digital curation and metadata management, effective policy frameworks addressing copyright and intellectual property issues, and public engagement through cultural education and virtual exhibitions. Unique Contribution to Theory, Practice and Policy: Social constructivism, information science theory & postcolonial theory may be used to anchor future studies on digital preservation strategies for cultural heritage in North Africa. Establish comprehensive guidelines for digital preservation that encompass diverse cultural heritage materials, including manuscripts, archaeological artifacts, oral histories, and visual arts. Advocate for the development of integrated national and regional policies on digital preservation, supported by sustainable funding mechanisms and public-private partnerships.

Sphaeropsidin A C15-C16 Cross-Metathesis Analogues with Potent Anticancer Activity.

We recently discovered that sphaeropsidin A (SphA), a fungal metabolite from Diplodia cupressi, overcomes apoptosis resistance in cancer cells by inducing cellular shrinkage by impairing regulatory volume increase. Previously, we prepared a pyrene-conjugated derivative of SphA by a cross-metathesis reaction involving the phytotoxin's C15,C16-alkene. This derivative's evaluation in a cancer cell panel revealed a significant increase in potency, with the IC50 values 5-10× lower than those displayed by the original natural product. Herein, we describe the preparation and anticancer evaluation of fifteen novel C15,C16-alkene cross-metathesis analogues in which the pyrene moiety was replaced with other aromatic or non-aromatic hydrophobic groups. The idea for this replacement was to prepare a family of compounds that would not be predicted to be mutagenic compared with the original pyrene analogue. We predict several of our new compounds to be non-mutagenic, while retaining the high potency of the original pyrene-containing analogues. Examples of these potential lead compounds included those containing pentamethylphenyl and triphenylethylene pendant groups. As an additional feature of the current investigation, we prepared several deuterated pyrene-containing compounds to overcome intellectual property issues associated with non-patentability of the original pyrene derivative.

3D Printing Technology based on the Development Model of Cultural and Creative Products on University Campuses

Adequate 3D printers, scanning equipment, and other related hardware are fundamental. This includes ensuring a variety of printers to handle different materials and printing techniques. This research explores the innovative application of 3D printing technology in developing cultural and creative products within the university campus environment. The study begins with an analysis of current 3D printing technologies, emphasizing their adaptability, cost-effectiveness, and potential for customization. It then delves into the unique aspects of university campuses as hubs for creativity and cultural expression, arguing that these spaces provide an ideal testing ground for new applications of 3D printing. The core of the research presents a novel development model tailored for university settings. This model integrates 3D printing technology with the dynamic cultural and creative landscape of campuses, focusing on products that resonate with the academic community’s unique needs and values. It includes case studies from various universities, showcasing successful implementations of the model, ranging from art installations to practical gadgets enhancing campus life. Significant findings include the model’s flexibility in accommodating diverse creative ideas and its role in fostering a culture of innovation among students and faculty. The research also addresses challenges such as resource allocation, intellectual property issues, and the need for interdisciplinary collaboration.

In silico approaches for drug repurposing in oncology: a scoping review.

Introduction: Cancer refers to a group of diseases characterized by the uncontrolled growth and spread of abnormal cells in the body. Due to its complexity, it has been hard to find an ideal medicine to treat all cancer types, although there is an urgent need for it. However, the cost of developing a new drug is high and time-consuming. In this sense, drug repurposing (DR) can hasten drug discovery by giving existing drugs new disease indications. Many computational methods have been applied to achieve DR, but just a few have succeeded. Therefore, this review aims to show in silico DR approaches and the gap between these strategies and their ultimate application in oncology. Methods: The scoping review was conducted according to the Arksey and O'Malley framework and the Joanna Briggs Institute recommendations. Relevant studies were identified through electronic searching of PubMed/MEDLINE, Embase, Scopus, and Web of Science databases, as well as the grey literature. We included peer-reviewed research articles involving in silico strategies applied to drug repurposing in oncology, published between 1 January 2003, and 31 December 2021. Results: We identified 238 studies for inclusion in the review. Most studies revealed that the United States, India, China, South Korea, and Italy are top publishers. Regarding cancer types, breast cancer, lymphomas and leukemias, lung, colorectal, and prostate cancer are the top investigated. Additionally, most studies solely used computational methods, and just a few assessed more complex scientific models. Lastly, molecular modeling, which includes molecular docking and molecular dynamics simulations, was the most frequently used method, followed by signature-, Machine Learning-, and network-based strategies. Discussion: DR is a trending opportunity but still demands extensive testing to ensure its safety and efficacy for the new indications. Finally, implementing DR can be challenging due to various factors, including lack of quality data, patient populations, cost, intellectual property issues, market considerations, and regulatory requirements. Despite all the hurdles, DR remains an exciting strategy for identifying new treatments for numerous diseases, including cancer types, and giving patients faster access to new medications.

Intellectual property issues in user agreements for image creation services using artificial intelligence technology

Intellectual property issues in user agreements for image creation services using artificial intelligence technology

Digital Preservation and Curation of Artificial Intelligence (AI) Generated Contents for Sustainable Library Operations in Academic Libraries in Nigeria

The study investigated digital preservation and curation of Artificial Intelligence (AI) generated content for sustainable library operations in university libraries, 3 research questions and 3 hypotheses were used for the study. The population comprised of 193 Librarians from thirteen (13) university libraries in South-South and South-East, Nigeria. The random sampling technique was used to select a sample size of 116 Librarians in the 13 universities representing 60% of the population. A 15-item questionnaire was used for data collection. Cronbach alpha statistics was used to obtain 0.74 reliability. Mean/standard deviation was 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, some of the challenges faced by University libraries in the preservation and curation of AL generated content are ethical and bias considerations that deals with fairness, accountability and transparency, legal and intellectual property issues, data privacy and security and more. One of the strategies to preserve and curate AI generated content is the storage of multiple copies of AI-generated content in geographically distributed locations to curb situation that would lead to loss of data due to hardware failures and many others. It was recommended that, government in collaboration with university management should provide necessary infrastructure and facilities, upgrade and update existing ones to enable the preservation and curation of AI generated content for the sustenance of digital library operation in academic libraries.

Diversified Mechanisms of Dispute Resolution for China's Foreign-Related Intellectual Property Right

China's increased competition with industrialised countries in terms of technological innovation during its current development transition has led to an increased demand for its intellectual property resources. At the same time, globalisation has further highlighted the inevitability of China facing foreign-related intellectual property challenges, prompting a focus on resolving such disputes. However, managing intellectual property right litigation relating to other countries remains difficult due to the unique types of foreign-related intellectual property right cases and the intricacies of applying national laws. In order to improve China's intellectual property dispute resolution framework and make it more effective and fairer, this paper will propose the shortcomings of the current litigation procedures through the case analysis and data analysis, and confirm that the flexible and reasonable use of diversified dispute resolution mechanisms will help China better deal with foreign-related intellectual property issues. While advocating a diversified dispute resolution framework for China's foreign-related intellectual property rights, it also provides possible suggestions for its construction.

Legal perspectives on innovations and intellectual property rights

The article focuses on the legal aspects of innovations and intellectual property. The relevance of the study arises from the fact that innovations are increasingly affecting human life. At the same time, the issue of copyright is quite acute since intellectual property in the modern information space is a resource that must be protected very carefully. Therefore, the legal aspects of innovations and intellectual property require a comprehensive study. The following research methods were employed in this paper: description, analysis and synthesis, comparison, generalization, and modeling. The article describes the importance of innovations at the present stage. It defines the essence of the "innovations" concept. The authors reviewed normative legal acts representing the legal aspects of innovation. They include the Law of Ukraine "On Innovation Activity," the Law of Ukraine "On Priority Areas of Innovative Activity," the Law of Ukraine "On Priority Directions of Science and Technology Development," the Law of Ukraine "On State Forecasting and Development of Programs of Economic and Social Development of Ukraine." The role of the state in regulating innovations in the legal field is disclosed. Normative legal acts in the field of intellectual property were systematized. The DSTU 3574-97 Patent Formulary is analyzed, covering its basic provisions, the procedure for compilation and design, as well as the DSTU 3575-97 Patent Research, including its basic provisions and the procedure for conducting it. The authors also analyzed the Law of Ukraine "On Effective Management of Property Rights of Rights Holders in the Field of Copyright and (or) Related Rights," the Law of Ukraine "On Copyright and Related Rights," the Constitution of Ukraine, the Civil Code of Ukraine, Presidential Decree No. 299/2017, the Resolution of the Cabinet of Ministers of Ukraine "On the Formation of the Council on Intellectual Property Issues," and the "Patent Law Agreement."

Research on the Status, Challenges and Countermeasures of the Intercultural Communication of Chinese Opera Culture in the Omnimedia Era

The Chinese opera is a local art in China and an important carrier of Chinese culture. It embodies the spirit of Chinese aesthetics, and is generally recognized as a recognizable representative of Chinese culture and art. In the omnimedia era, the omnimedia platforms enable Chinese opera to appear frequently on the international stage. Meanwhile, the digital technology plays an important role in promoting the cross-cultural communication of opera culture, which make global audiences can enjoy Chinese opera culture through omnimedia channels and gradually increase their acceptance of it. Therefore, the effect and influence of Chinese opera culture in international communication is significantly improved. However, it should be noted that cultural differences are the main obstacles to the intercultural communication of Chinese opera in the omnimedia environment. The copyright and intellectual property right in the omnimedia environment limit the international communication of Chinese opera culture, and there are contradictions between the localization and the globalization needs of opera culture in the omnimedia promotion. To this end, it is necessary to present in-depth cultural interpretation and exchange on the all-media platform to bridge the cultural differences between China and foreign countries, establish corresponding international cooperations and legal protection mechanisms to deal with copyright and intellectual property issues, and use omnimedia to innovate the promotion of opera culture to achieve a balance between localization and globalization. These methods can enhance the cross-cultural output of Chinese opera culture and the international communication intensity and effectiveness of it, so as to enhance the cultural soft power construction and the international influence of China.

Analysis of the Application of Digital Trade in International Business

In today's world, information technology is becoming more and more widespread, and with it comes ever-deepening digital trade and internationalised commerce. As a brand new form of trade, digital trade is gradually changing the development pattern of international business. This paper argues that digital trade has an important impact on the development of international trade. But at the same time, the development of digital trade has also posed challenges to international trade. For example, trading entities will face intellectual property issues. Consumers have to worry about cyber security issues, etc. To solve these problems, countries should strengthen international cooperation, actively carry out exchanges in the field of digital trade, promote technology research and development, and promote the balanced development of digital trade. In addition, countries should invest more in technology research and development and personnel training to improve technology and enhance competitiveness. This paper argues that paying attention to digital trade and taking measures to ensure its development can promote the process of economic globalization.