Intellectual Property Ownership Research Articles

Особенности уголовно-правовой охраны интеллектуальной собственности в законодательстве некоторых зарубежных стран

The article examines the problems of regulating criminal liability for violation of intellectual property rights in foreign countries, examines approaches to criminal protection of intellectual property in various legal systems: Anglo-Saxon and Romano-German. The authors note that there is a global consensus that the field of intellectual property should be regulated, including criminal law, in order to protect the rights of intellectual property owners. Although there is some uniformity in national intellectual property laws, there are separate copyright laws and regulations in each jurisdiction. The work also explores various solutions and approaches to the problem of regulating criminal liability for violation of intellectual property rights, especially copyrights, in the national legislation of both developed Western countries - the USA, England, Spain, and neighboring countries - Belarus, Kazakhstan, Kyrgyzstan, Moldova, etc. A comparative legal analysis of the criminal law prohibition contained in Article 146 of the Criminal Code of the Russian Federation and similar norms in the legislative acts of some foreign countries has been carried out.

Secure hardware IP of GLRT cascade using color interval graph based embedded fingerprint for ECG detector

This paper presents a security aware design methodology to design secure generalized likelihood ratio test (GLRT) hardware intellectual property (IP) core for electrocardiogram (ECG) detector against IP piracy and fraudulent claim of IP ownership threats. Integrating authentic (secure version) GLRT hardware IP core in the system-on-chip (SoC) of ECG detectors is paramount for reliable operation and estimation of ECG parametric data, such as Q wave, R wave and S wave (QRS) complex detection. A pirated GLRT hardware IP integrated into an ECG detector may result in an unreliable/erratic estimation of ECG parametric data that can be hazardous and fatal for the end patient. The proposed methodology presents an integrated design flow to secure micro GLRT and GLRT cascade hardware IP cores for the ECG detector, using the colored interval graph (CIG) framework based fingerprint biometric, during high level synthesis (HLS). The proposed approach integrates a fingerprint biometric based security constraint generation process for securing the GLRT hardware IP core. This paper also presents a secure register transfer level (RTL) datapath design corresponding to micro GLRT and GLRT cascade hardware IP cores with embedded IP vendor's fingerprint. The proposed secure GLRT hardware IP core embedded with fingerprint biometric achieves superior results in terms of probability of coincidence and tamper tolerance than other security approaches. More explicitly, the proposed approach reports a significantly lower value of probability of coincidence and stronger value for tamper tolerance. Further, the proposed approach incurs zero design cost overhead.

A Blockchain-Based Privacy Preserving Intellectual Property Authentication Method

With the continuous advancement of information technology, a growing number of works, including articles, paintings, and music, are being digitized. Digital content can be swiftly shared and disseminated via the Internet. However, it is also vulnerable to malicious plagiarism, which can seriously infringe upon the rights of creators and dampen their enthusiasm. To protect creators’ rights and interests, a sophisticated method is necessary to authenticate digital intellectual property rights. Traditional authentication methods rely on centralized, trustworthy organizations that are susceptible to single points of failure. Additionally, these methods are prone to network attacks that can lead to data loss, tampering, or leakage. Moreover, the circulation of copyright information often lacks transparency and traceability in traditional systems, which leads to information asymmetry and prevents creators from controlling the use and protection of their personal information during the authentication process. Blockchain technology, with its decentralized, tamper-proof, and traceable attributes, addresses these issues perfectly. In blockchain technology, each node is a peer, ensuring the symmetry of information. However, the transparent feature of blockchains can lead to the leakage of user privacy data. Therefore, this study designs and implements an Ethereum blockchain-based intellectual property authentication scheme with privacy protection. Firstly, we propose a method that combines elliptic curve cryptography (ECC) encryption with digital signatures to achieve selective encryption of user personal information. Subsequently, an authentication algorithm based on Zero-Knowledge Succinct Non-Interactive Argument of Knowledge (zk-SNARK) is adopted to complete the authentication of intellectual property ownership while encrypting personal privacy data. Finally, we adopt the InterPlanetary File System (IPFS) to store large files, solving the problem of blockchain storage space limitations.

Blockchain end user adoption and societal challenges: Exploring privacy, rights, and security dimensions

AbstractThe focus of this review article is on the societal problems and end user acceptance of blockchain technology. The paper begins by outlining the importance of blockchain in modernizing trust and data management systems and highlighting its rapid spread across numerous industries. In‐depth analysis of the adoption‐influencing aspects is done, which also lists the advantages and typical end‐user problems. It examines the privacy implications, restrictions on pseudonymity, and function of technologies that improve privacy, such as zero‐knowledge proofs, while also exploring the legal and regulatory environment around blockchain, putting a focus on digital identity, intellectual property, and data ownership. It also evaluates blockchain security features, such as flaws and risks associated with smart contracts, discusses best practices for boosting security, discusses the societal effects of blockchain, and makes suggestions for legislators, companies, and scholars. The use of blockchain technology and its effects on privacy, rights, and security are discussed in real‐world case studies as well.

Security Evaluation of State Space Obfuscation of Hardware IP through a Red Team-Blue Team Practice

Due to the inclination towards a fab-less model of integrated circuit (IC) manufacturing, several untrusted entities get white-box access to the proprietary intellectual property (IP) blocks from diverse vendors. To this end, the untrusted entities pose security-breach threats in the form of piracy, cloning, and reverse-engineering, sometimes threatening national security. Hardware obfuscation is a prominent countermeasure against such issues. Obfuscation allows for preventing the usage of the IP blocks without authorization from the IP owners. Due to finite state machine (FSM) transformation-based hardware obfuscation, the design’s FSM gets transformed to make it difficult for an attacker to reverse-engineer the design. A secret key needs to be applied to make the FSM functional, thus preventing the usage of the IP for unintended purposes. Although several hardware obfuscation techniques have been proposed, due to the inability to analyze the techniques from the attackers’ standpoint, numerous vulnerabilities inherent to the obfuscation methods go undetected unless a true adversary discovers them. In this article, we present a collaborative approach between two entities—one acting as an attacker or red team and another as a defender or blue team , the first systematic approach to replicate the real attacker-defender scenario in the hardware security domain, which in return strengthens the FSM transformation-based obfuscation technique. The blue team transforms the underlying FSM of a gate-level netlist using state space obfuscation. The red team plays the role of an adversary or evaluator and tries to unlock the design by extracting the unlocking key or recovering the obfuscation circuitries. As the key outcome of this red team–blue team effort, a robust state space obfuscation methodology is evolved showing security promises.

Intellectual property and creative freedom within the cultural vernacular

ABSTRACT In a world dominated by the distribution of global media franchises, what are the impacts on creativity when intellectual property law seeks to control what can and cannot be written? The development of modern distribution mechanisms that allow corporations to distribute copyright protected works such as film franchises globally and across many different media has had a significant effect on the cultural vernacular. Generations are now growing up with storyworlds that are the intellectual property of multinational businesses, rather than within the public dimain (as might previously have been the case with folk stories and religious texts). With Jenkins’ ideas of Participatory Culture perhaps sidestepping the consequences of intellectual property ownership, this paper looks to Hyde and others to question whether current intellectual property discourse properly acknowledges the issue of how the pervasive marketing of ringfenced storyworlds is affecting the creative community’s relationship with the cultural vernacular when seeking to create commercially exploitable work. This paper argues that moral as well as legal questions must be raised regarding the extent to which corporations should be effectively allowed to own elements of the collective story consciousness and, as a consequence, to exert control over the creation of new works.

ANALYSIS OF EVALUATION CRITERIA INDICATING THE IMPORTANCE OF CREATIVE INDUSTRIES IN THE WORLD ECONOMY

The issues of studying the influence of creative industries at the national level and the global economy as a whole are gaining more and more popularity due to their active positive impact on the economic development of countries. Based on the relative novelty of the appearance of this term in the scientific field, this topic is insufficiently developed and requires a comprehensive study. The purpose of the study is to analyze a sample set of evaluation criteria involved in the evaluation of national creative sectors of countries. The research methodology includes the application of universal general scientific research methods. A multidisciplinary approach prevails in the study. The scientific significance of the work consists in the identification, systematization and presentation of evaluation criteria used to identify the importance of creative industries in the economy of countries, practical - in the possibility of applying the conclusions obtained from the results of the study for a deeper subsequent study of creative industries and their impact on the economy of the world. In this study, an analysis of the current state of creative industries and management of their development was used, as well as various approaches to assessing the effectiveness of the creative sector within the city and country format. This study is the initial stage of developing the concept of managing the entrepreneurial potential of creative industry entities in order to form a decent competitive environment in the creative industries market in the future and to fulfill the requests of authors and owners of intellectual property created within the framework of a specific industry affiliation of the creative sector.

Intellectual property rights in the digital age

In today's rapidly developing world, where information technologies are becoming an indispensable component of social life, the "digital age” concept is gaining special importance. This era is characterized by the pragmatic use of digital technologies in all spheres of economic, social, and cultural activity. In this context, an important aspect of the functioning of modern society is intellectual property law, which in the digital age acquires new challenges and opportunities.
 Intellectual property law recognizes and protects the intellectual and creative achievements of an individual or collective, giving them the right to own and control these achievements. Importantly, intellectual property law helps stimulate creativity and innovation, as it provides appropriate economic incentives to intellectual property owners.
 The growing use of digital technologies and the Internet raises several new questions and challenges related to intellectual property rights. On the one hand, the digital age creates unique opportunities for the creation, distribution, and use of intellectual property, leading to new forms of creativity and supporting cultural exchange. On the other hand, it creates problems regarding the control, protection, and reproduction of this property in the digital environment, particularly the growth of piracy and copyright infringement.
 In the digital age, intellectual property rights become the basis for innovation, technological development, and cultural exchange. Understanding its functions, challenges, and prospects is an important task for the further development of society in the digital age. In this context, the study highlights key aspects and solutions to the problem of intellectual property rights in the digital age, in particular, the role of legal norms, protection measures, innovation, and cooperation at the international level.

Intellectual Property Ownership of AI-Generated Content

Until recently, intellectual creativity was considered as an exclusively human phenomenon and intellectual property legislation was built on the basis of motivating and enhancing human inventiveness. This self-evident assumption is being challenged due to the development of artificial intelligence technologies in the recent decades. In this article author analyzes some aspects of intellectual property law development, including the possibility of recognizing an artificial intelligence as a creator of intellectual activity results. The author examines the legal status of artificial intelligence under Armenian law and foreign intellectual property legislation, analyzes existing approaches to the legal regime and intellectual property ownership of objects created with the help of artificial intelligence. The paper aims to determine the proper right holder to content generated by artificial intelligence and formulate some policy prospects of artificial intelligence regulation. The methodological basis of the research includes general scientific and special legal methods. The author places particular emphasis on the dogmatic (doctrinal) research methods, which made it possible to analyze existing approaches to protection of intellectual property rights. The research is also based on the comparative legal method and analytical legal method of commenting current law of Armenia and foreign countries. The results of the study allow author to substantiate that the actual right holder to the content produced by the neural network is the programmer of the underlying algorithm system. The author concludes that the construction of a solid legislative system should be carried out taking into account the specifics of the areas of application of artificial intelligence, ensuring a balance between the interests of individuals, society and the state related to the development of innovative technology.

Self-Determination in Global Health Practices - Voices from the Global South.

Despite the commendable progress made in addressing global health challenges and threats such as child mortality, HIV/AIDS, and Tuberculosis, many global health organizations still exhibit a Global North supremacy attitude, evidenced by their choice of leaders and executors of global health initiatives in low- and middle-income countries (LMICs). While efforts by the Global North to support global health practice in LMICs have led to economic development and advancement in locally led research, current global health practices tend to focus solely on intervention outcomes, often neglecting important systemic factors such as intellectual property ownership, sustainability, diversification of leadership roles, and national capacity development. This has resulted in the implementation of practices and systems informed by high-income countries (HICs) to the detriment of knowledge systems in LMICs, as they are deprived of the opportunity to generate local solutions for local problems. From their unique position as international global health fellows located in different African countries and receiving graduate education from a HIC institution, the authors of this viewpoint article assess how HIC institutions can better support LMICs. The authors propose several strategies for achieving equitable global health practices; 1) allocating funding to improve academic and research infrastructures in LMICs; 2) encouraging effective partnerships and collaborations with Global South scientists who have lived experiences in LMICs; 3) reviewing the trade-related aspects of intellectual property Rights (TRIPS) agreement; and 4) achieving equity in global health funding and education resources.

Pushing a Square Pin into a Round Hole? Intellectual Property Challenges to a Sustainable and Circular Economy, and What to Do About It

It is old news that the world is facing growing environmental problems related to industrial manufacturing and waste management. Finally, consumers are demanding change due to the increasing threat of climate change, and industries are being forced to adapt. Repairing, reselling, upcycling, and recycling existing products are key activities to promote sustainability and a circular economy, but current intellectual property (IP) rules may stand in the way when these activities are not conducted by, or with the consent of IP owners. This opinion argues that IP cannot be used to prevent a greener and more sustainable economy. Instead, it needs to incentivize circular activities in the interest of everyone. New approaches, including bolder interpretation of existing limitations and exceptions, and adoption of new exceptions, are essential to rethink IP to support a sustainable future.

Технологическое лидерство государства: концептуальное понимание и механизмы формирования

The article shows that the technological leadership of the state should conceptually be based on such institutions as technological sovereignty, technological equality and technological cooperation. It is noted that the technological leadership of the state is a multidimensional category, including such elements as technology, scientific, technological and educational base, platforms, and interactions. The differences between the technological leadership of the company and the state are outlined. Using the author's approach to the concepts of "technological sovereignty" and "technological cooperation and equality", the mechanisms of technological leadership of the state are highlighted, which can be used by both the initiator states of partnerships and participants in these partnerships. These include, in particular, leading companies, government policies that support the effective allocation of national resources, the external contour of national leadership development, the system of scientific and technical forecasting and analytics, the national system of "soft power", joint ownership of intellectual property by friendly states, complete technological chains, platforms and standards formed within the framework of partnerships, and etc. Using the example of the state corporation Rosatom, the possibility of using leading companies as a mechanism for technological leadership in Russia is considered.

Navigating intellectual property (IP): A comparative analysis of Australian universities' IP policies.

The push towards research commercialisation at universities has highlighted the importance of intellectual property (IP) policies in fostering innovation and guiding and managing research commercialisation activities. This paper undertakes a content analysis of intellectual property policies of all (37) Australian public universities, focusing on policy objectives, definition of IP, ownership of IP created by different creators, and distribution of net commercialisation revenues. It is found that all universities assert ownership over staff-created IP, particularly when related to employment or utilisation of university resources. For students, policies tend to balance their rights with university interests, with nuanced approaches for different types of student participation, but the focus of most policies was on postgraduate students engaging in research activities. While some policies had clear arrangements for IP created by visitors and affiliates and Indigenous cultural and intellectual property (ICIP), about a quarter of policies did not specify arrangements for these groups. Revenue sharing arrangements vary but generally award something between a third to a half of net revenue to creators, to both acknowledge their contribution and incentivise further innovation. Policies included a broad spectrum of objectives, from protecting and commercialising IP to fostering innovation and societal benefit, reflecting varying strategies across the higher education sector. Policies could benefit from further clarity in certain areas such as the rights of students or other creator groups. Research is needed to assess the effectiveness of these policies and their influence on innovation and commercialisation activities.

A Novel Method for Visually Mapping Intellectual Property Risks and Uncertainties in Evolving Innovation Ecosystems: A Design Science Research Approach for the COVID-19 Pandemic

Prior management science literature proposes different visual methods for mapping ecosystems. These methods, however, largely lack an effective approach to visualizing intellectual property (IP) related risks and uncertainties appearing among stakeholders as the innovation ecosystem evolves. Using the design science research methodology, we develop a novel method that visualizes loci of IP risks and uncertainties, as well as dynamics of IP ownership and usage in evolving innovation ecosystems. We demonstrate and evaluate the effectiveness of the new method in uncovering IP related risks and uncertainties by presenting results from applying the method to the innovation ecosystem for crisis-critical products during the COVID-19 pandemic. The currently ongoing pandemic has caused structural changes to that innovation ecosystem with new relationships being formed between incumbent manufacturers and new entrants that have rushed into that innovation ecosystem to support the upscaling of manufacturing capacities. This article contributes to the literature on visual methods for innovation ecosystems and provides a new method for researchers, practitioners, and policy makers to identify IP related risks and uncertainties that can arise when innovation ecosystems undergo structural changes. The method allows researchers to formulate and test new theories, as well as practitioners and policy makers to develop strategies to anticipate and mitigate IP risks and uncertainties.

Kajian Penyiaran Secara Ilegal Perspektif Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta

This research delves into the study of illegal broadcasting from the perspective of Law Number 28 of 2014 concerning Copyright. The background of the research arises from the increasing cases of copyright violations through unauthorized broadcasting media, which has the potential to harm the intellectual property owners. The objective of this research is to analyze the impact and legal implications of illegal broadcasting practices within the framework of the prevailing copyright law. The research method involves legal document analysis, literature review, and case studies to gather up-to-date information. The research findings indicate that illegal broadcasting practices harm copyright holders, create injustice in the creative industry, and violate legal norms governing copyright. The legal implications include sanctions that can be applied to illegal broadcasting actors in accordance with the provisions of the Copyright Law. The research conclusion emphasizes the need for stricter law enforcement and preventive measures to address illegal broadcasting in order to protect copyright and promote sustainable growth in the creative industry. This study provides in-depth insights into the legal aspects of illegal broadcasting, summarizes the complexity of the issue, and highlights the serious attention required for copyright protection in the digital era.Illegal Broadcasting; Copyright Law; Legal Perspective

ETHICAL IMPLICATIONS AND BIAS IN GENERATIVE AI

This has led to several opportunities, mainly because generative AI has grown quickly, mostly in the content and services sectors. Since then, there have been some improvements to face these challenges, but there are still some urgent ethical issues and biases. This paper aims to discuss the following concerns concerning ethical questions around generative AI: privacy issues, the threat of misinformation, and issues related to intellectual property ownership. Also, it further proves the existence of bias in the systems and advocates for the consideration of race, gender, and other factors in society. Regarding these issues, the paper tries to answer the questions of what risks generative AI systems have, how these threats can be eradicated, and how the equity of using AI can be enhanced, which is unknown and remains a question among scholars and practitioners.

Building an Audience

While fan communities and their complexities have already been abstractly explored in scholarly literature, Asian web novel translation groups present an interesting space for analysis as a niche imported cultural product that was made widely accessible to English speakers by multilingual fans as part of a gift economy, rather than through market expansion by the novels’ intellectual property owners. Exploring the history of online web novel translation websites like Chrysanthemum Garden, Wuxiaworld, and WebNovel, this article uses a combination of the author’s first-hand experience as an editor of these translated works, as well as academic parallels in digital culture literature, to explore the transition of fan communities that value transformational work without capital to an emerging market demographic, ripe for labour and consumer exploitation.

THE TRADEMARK RENEWAL PROCESS RELATES TO THE EXCLUSIVE RIGHTS OF THE BRAND HOLDER BASED ON LEGAL CERTAINTY

In this age of digitalization, the significance of Intellectual Property cannot be ignored. In experiencing the changing era, the Intellectual Property protection system also needs to adjust well, along with the changes, growth, challenges, and opportunities that exist. The growth of the era cannot be ignored, and in the context of the current growth of Intellectual Property, the protection system must also explore so as not to lag behind and protect the rights of individuals efficiently. With this growth, the process of acquisition and ownership of Intellectual Property as a form of protection of intellectual property, absolutely must be supported, facilitated and facilitated by all parties. With such support, facilitation, and ease, this will not only increase the number and quality of Intellectual Property ownership, but more importantly, it will reflect progress in the field of science and technology at the national level. Not only that, it is also a sign of economic progress and the welfare of citizens. The most important is the trademark which is one of and cannot be separated by aspects of Intellectual Property, along with the Exclusive Rights of the Trademark Holder. Because all of these contexts concern the principle of legal certainty. In the context of the disappearance of national borders due to globalization, with the presence of freedom of entry of objects and services. The management of intellectual property rights is very meaningful for the nation's materials because it can share legal protection for intellectual property owned by creators, inventors, designers, and creators related to their creations or intellectual works.

The Implication of Generative Artificial Intelligence towards Intellectual Property Rights (Examining the Multifaceted Implications of Generative Artificial Intelligence on Intellectual Property Rights)

Generative Artificial Intelligence (Generative AI) is transforming content creation, enabling faster and cheaper production of text, images, and more. However, it raises complex issues regarding intellectual property rights and ownership. This article explores the evolving landscape of AI-generated content, focusing on its alignment with existing intellectual property regulations. It delves into legal disputes exemplified by cases like Getty Images, INC. v. Stability AI, INC, and Doe v. Github, INC, which highlight the challenges of AI-generated content regarding intellectual property. The article also discusses the impact on the creative sector and offers recommendations, including the need for ethical guidelines, education, hybrid collaboration, public involvement, and international cooperation. Addressing these challenges is crucial to harmonize intellectual property rights and maximize the benefits of AI in content creation.

Fragmentation of Technology Ownership and Acquisition Strategy of Firms

AbstractThis paper examines how the fragmented ownership of complementary intellectual property (IP) rights affects firms’ acquisition behaviour. We theorize that as the ownership of complementary IP rights fragments, the rate at which a focal firm engages in technology acquisitions will increase. Our predictions suggest that firms will expand their IP portfolios through acquisitions as a strategy to continue innovating when the ownership over strategic IP becomes exceedingly spread among technology holders. Furthermore, we propose that this positive relationship between fragmentation and acquisitions will be stronger for firms whose patent portfolios hold relatively less value compared to their peers, owing primarily to their diminished control over strategic IP. Using a unique longitudinal dataset from the biopharmaceutical industry, we find empirical support for our hypotheses.