Property Law Research Articles

ARTIFICIAL INTELLIGENCE: LEGAL IMPLICATIONS AND CHALLENGES

Artificial intelligence (AI) technologies are rapidly transforming various aspects of society, from healthcare and finance to transportation and education. While AI offers tremendous potential for innovation and efficiency, its widespread adoption raises significant legal implications and challenges. This paper examines the legal landscape surrounding AI, focusing on key areas such as privacy, liability, intellectual property, and employment law. One of the primary concerns with AI is the privacy implications stemming from the collection, storage, and analysis of vast amounts of data. Regulations such as the General Data Protection Regulation (GDPR) in Europe and the California Consumer Privacy Act (CCPA) in the United States aim to safeguard individuals' privacy rights and impose strict requirements on data handling practices. Another critical area of concern is liability, particularly regarding the accountability for AI-driven decisions that may result in harm to individuals or entities. Questions arise about who should be held responsible for such decisions the developers, users, or the AI systems themselves. Furthermore, AI raises complex issues related to intellectual property, including the ownership of AI-generated works, patentability of AI algorithms, and the protection of AI innovations. Additionally, the integration of AI into the workforce raises questions about the future of employment, job displacement, and the need for new regulations to protect workers in the age of automation. In conclusion, while AI presents unprecedented opportunities for advancement, it also poses significant legal challenges that require careful consideration and proactive regulation. Policymakers, legal professionals, and stakeholders must collaborate to develop frameworks that promote the responsible development, deployment, and regulation of AI technologies while safeguarding individual rights, privacy, and societal values.

Hampering Originality: IP Laws in the USA in the Milieu of Generative Artificial Intelligence

Artificial Intelligence (AI) is leading to the replacement of human intellect by Generative Artificial Intelligence (GAI), which is to be a new norm for redefining artistic and literary works not subject to human authorship. The IP laws, particularly in the USA, haven't proved to be dynamic enough to adapt to this fast-moving change. The existing IP laws seem unfair when seen through the prism of the rationale behind the protection of intellectual property in the wake of generative artificial intelligence. The article develops the argument that intellectual property laws especially copyright laws need to evolve to protect AI-generated works. Existing laws, don't protect AI-generated works on the pretext that a machine cannot have intellectual property rights. The article advocates and develops a rationale as to why copyright protection for AI authors will be inevitable shortly to safeguard the intellectual rights of human authors.

The impact of social media on intellectual property law

The impact of social media on intellectual property law

Humour and Intellectual Property Law

This article discusses the issue of humour in the context of intellectual property law,with a focus on parody in trademark law. Parody is a form of humorous expressionthat is generally protected by freedom of expression. Although copyright law hasa statutory exception for caricature, parody, and pastiche, no such exception existsin trademark law. Therefore, parody must be treated differently in this area of law.The article first introduces the legal position of parody and discusses the assessmentof parody in both copyright and trademark law in the EU and Czech law. Then itexamines the peculiarities of the trademark law approach and with the help of Germanlandmark cases, highlights the possibilities for the treatment of trademark parody inthe Czech Republic. The outcomes may apply to closely related laws throughoutthe EU territory.

COPYRIGHT PROTECTION ON WORKS GENERATED BY ARTIFICIAL INTELLIGENCE

Nowadays people’s lives are hugely affected by artificial intelligence (AI). For exam-ple, machines text quickly, develop software, and create different types of arts. One may notice that many of the sport and business news which are accessible on the net are written by machines. According to the current legal framework of many states, AI-generated works are generally viewed as a simple tool. However, with the develop-ment of advanced AI machines, this perspective has undergone a significant shift. The emergence of AI has hugely posed challenges to intellectual property law, in par-ticular copyright. In copyright sphere, AI-generated machines have risen some legal disputes whether AI can be the author of creative works, how AI works need to be protected or who owns the rights for such works. The paper aims to address the aforementioned questions and to clarify copyright issues arising from AI machines. The purpose of this paper is to identify the characteristics of legal regulations govern-ing copyrighted works produced by AI machines in developed countries and subse-quently offer relevant recommendations to improve national (Kazakh) copyright law concerning AI-generated machines. Based on foreign practice, the author argues that when it comes to creative works generated by computer machines, the individual who has made the necessary arrangements for the creation of such works should be con-sidered the author.

Economic Sustainability of the Music Industry through Copyright Fiduciary Guarantees with a Legal Economic Analysis Approach

This study investigates the economic sustainability of the music industry through the implementation of copyright fiduciary guarantees, employing a legal economic analysis approach. The primary objective is to explore how copyright as a financial asset can enhance the industry's economic resilience by providing a reliable framework for securing loans and investments. The research examines the intersection of intellectual property law and economic theory to evaluate the potential of copyright fiduciary guarantees in mitigating financial risks and promoting sustainable growth in the music industry. The methodology includes a qualitative analysis of existing legal frameworks, case studies of jurisdictions that have successfully integrated copyright fiduciary guarantees, and interviews with industry stakeholders such as artists, producers, legal experts, and financial institutions. Data were collected from a range of sources including legislative documents, industry reports, and academic literature. The analysis focuses on the legal mechanisms for establishing copyrights as collateral and the economic implications for stakeholders in the music industry. The findings indicate that the use of copyright as collateral can significantly improve access to financing for music professionals, thereby enhancing economic stability and growth potential within the industry. Case studies reveal that countries with robust legal frameworks for copyright fiduciary guarantees have experienced increased investment in the creative sector and reduced financial volatility. The study also identifies key challenges, such as the need for clear legal definitions and enforcement mechanisms, and the importance of raising awareness among industry participants about the benefits and procedures of copyright collateralization.

You Stole Our Land: Common Law, Private Property, and Rothbardian Principles of Justice

Demands for justice based on allegations that “you stole our land” seem to evolve interminably without resolution. In responding to these demands it seems trite to observe that the law must not let the violation of rights go without a remedy, but how should property law resolve cases of wrongful acquisition arising from historical conquest? It is easy to say in the abstract that stolen property must be returned to the true owner, but in the context of historical dispossession it is often difficult to identify the “true owner” when centuries have elapsed since the alleged dispossession. Based on a comparison between the common law tradition and Rothbardian principles of property rights, this article argues that the “stolen land” debates are characterized by arbitrary and unprincipled distinctions between different cases. Far from resolving any disputes, that approach only fuels fresh rounds of hostility and conflict. Allegations of wrongful acquisition of title must instead be evaluated by reference to an ethical theory of justice based on objective principles of natural law.

Conceptual Difficulties in the Transformation of Human Rights to the Realm of Artificial Intelligence

Artificial intelligence has been seeping into various fields of international law for some time, affecting fields such as international humanitarian law – especially regarding the legality of autonomous weapon systems, but also intellectual property law and the legal profession as a whole. A conflicting zone encompassing many subfields is human rights, where an already sensitive subject that is open to debates and interpretation is met with rough questions. For instance, should and could human rights norms be transferred into pre-programmed entities? What relevance can human rights have to a non-human being that has been created, programmed and assembled by humans? Vast regional differences exist between the European, African and Inter-American systems with a lack of coherent structure in the Asia-Pacific region. Our understanding of human rights has also developed substantially over the decades, especially regarding norms on slavery, free speech, the prohibition of discrimination and the rights of women, of disabled persons and indigenous peoples to name a few examples. Furthermore, a vast array of international documents on human rights are political manifestos utilising expressions such as “respecting” and “ensuring” human rights as obligations for members of the international community. Since these provisions deliberately leave a lot of room for interpretation, it seems almost an impossible task to translate them to “binary code”, to a format that is digestible for an artificial entity. The article aims to answer these questions by analysing the abovementioned line of thought and combining it with various attempts at international regulation by states, international organisations as well as non-governmental organisations and think-tanks. The fundamental focus of this paper is to ascertain whether human rights and AI can be made compatible under the current framework of international law at today’s level of development.

Responses of Intellectual Property and Competition Law to the Challenges of Climate Change

Responses of Intellectual Property and Competition Law to the Challenges of Climate Change

How property relations shape experiences and transformative potential of urban growing spaces: Connecting land, food, and Earth justice perspectives

This study uses both socio-legal and theoretical methods to examine the ambivalent role of property regimes in food system transformation. Combining an Earth justice perspective with a small-scale empirical study of how property and land-use laws affected experiences of growing spaces in an English city that included some element of collective ownership or management, we argue for greater diversity in formal legal structures (e.g., tenancy models), but also in concepts of land relationships. Our discussion diverts attention from individual entitlements to allocation of responsibilities and opportunities for human and interspecies collaboration. Growers’ experiences were shaped by productivist property narratives but provide a material basis to think beyond individual entitlement, reframing issues of security of tenure and public access in terms of responsibility and connection.

Influence of Intellectual Property Laws on Innovation in the Technology Sector in South Korea

Purpose: The aim of the study was to analyze influence of intellectual property laws on innovation in the technology Sector in South Korea 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: Intellectual Property Laws have played a crucial role in fostering innovation within South Korea's technology sector. The strategic implementation of patent rights and utility models has been instrumental in the country's rapid technological advancement since the mid-1980s. This legal framework has not only protected but also incentivized the creation of new technologies, propelling South Korea to become a global leader in innovation. Unique Contribution to Theory, Practice and Policy: Schumpeterian innovation theory, resource-based view (RBV) of the firm & institutional theory may be used to anchor future studies on intellectual property laws on innovation in the technology Sector. Technology firms should adopt proactive strategies to navigate the intellectual property landscape effectively and leverage legal frameworks to foster innovation. Policymakers should prioritize the development of robust intellectual property regimes that balance incentives for innovation with the promotion of competition and access to knowledge.

Unveiling the Vital Role of Trade Secrets in Sustaining Culinary Businesses for MSMEs

This article explores the critical role of trade secrets in enhancing the sustainability of Micro, Small, and Medium Enterprises (MSMEs) in the culinary sector. It emphasizes the confidential nature of corporate information, essential for shielding against unauthorized access by the public or even employees. Given the significant economic value of Indonesia's local products, legal safeguards are imperative to protect these assets from unfair competitive practices in the market. Utilizing a normative juridical method, this study conducts a comprehensive literature review to investigate the legal framework surrounding trade secrets and its implications for MSMEs. The findings underscore a prevalent lack of awareness among MSMEs regarding intellectual property laws, highlighting the necessity for concerted efforts from various stakeholders to ensure effective implementation of these legal protections.

Property rights protection and outward foreign direct investment: Evidence from China

To explain the remarkable increase in the amount of outward foreign direct investment (OFDI) from China, we utilize firm-level OFDI data and employ a difference-in-differences design to identify the causal effect of the Property Law enacted in 2007 on firms’ OFDI decisions. The results reveal that, first, the enactment of the Property Law increases the likelihood and the frequency of OFDI. Second, financial constraints are the main driving force motivating firms’ OFDI. Third, the enactment of the Property Law has heterogeneous effects. Firms located in regions with a low degree of financial marketization or a high degree of government intervention experience a more pronounced effect. This suggests that the quality of the institutions is important. Overall, we present a novel explanation for the sharp increase in the amount of OFDI from China after 2007 and provide new empirical evidence on the effect of security interest system reform.

PROTECTION OF FAMILY PROPERTY AND INTERESTS OF CREDITORS

The article examines the monograph by A. V. Kopylov “Legates, fideicommissas and donations in case of death in Roman classical law” (M., Gorodets, 2021). It is noted that a monograph on the stated topic is a natural stage of the author’s research work. The monograph rst of all determines the place of these institutions in Roman civil law. At the same time, the connection between these institutions of inheritance law and the institutions of property law and, in general, their role in the circulation of things is shown. One of the main tasks that were solved through the use of legates and deicommissas was the transfer of rights to things in order to protect the interests of family members (heirs under a will). The author points out the genetic connection between institutions. A. V. Kopylov examined the historically rst forms of institutions (mainly legates and deicommissae), as well as their features that developed by the classical era, and, as necessary, comparisons with the subsequent era take place. In the nal section of the study, the author contains a brief historical outline of the development of the institutions discussed in the book. The review notes that the appendix to the main text contains an extensive list of author’s translations of fragments of the Corpus iuris civilis, the sixth book of the Justinian Code and Novellas, previously unknown to Russian readers. The main conclusions of the review can be reduced to the fact that the monograph by A. V. Kopylov is of great scienti c importance and is of interest both to novelists, philologists, historians, and to a wide range of students and graduate students.

Gender Disparities and Social Responsibilities as a Barrier to the Adoption of E-Commerce for Women Entrepreneurs of India in the MSME Sector

Gender-based obstacles that prevent women from beginning and expanding their enterprises include unequal distribution of family and domestic duties, restricted mobility, discriminatory property, marriage, and inheritance laws and/or cultural traditions. When it comes to accessing resources such as commercial credit from formal financial service providers, more lucrative markets rather than traditional local markets, technology and information to launch and expand their businesses, national incentives in small enterprise development through gender-blind private sector development, fiscal policies and legislation, and training and education for small enterprise development, women entrepreneurs are less privileged than men due to these factors combined with social exclusion based on gender. In the informal sector, women entrepreneurs running micro and small companies significantly improve the financial security of their families and communities. They have little chance of creating successful firms as long as they are not covered by SME development laws and initiatives. In order to address these issues, this research paper takes a development and rights-based strategy that strives to meet the real-world needs of female entrepreneurs, eliminate the political, legal, and sociocultural obstacles to their success, and promote an atmosphere that is supportive of both gender equality and business growth.

The Partners in the Property Acted by Removing the Common in the Jordanian Real Estate Property Law

وفي المملكة الأردنية الهاشمية، تمت عملية تصفية المجتمع العقاري من قبل هيئة مساحة الأراضي ولجنة تسمى لجنة التصفية التقديرية للعقارات، والتي كان لها آنذاك الاختصاص النوعي للقضاة محكمة القانون الجديد قانون رقم 13 لسنة 2019 "في شأن العقارات" يمنح الحقوق للشركاء.

Perlindungan Pengetahuan Tradisional dan Ekspresi Budaya Berdasarkan Undang-Undang Pemajuan Kebudayaan

The purpose of this study is to analyze by discussing the protection of cultural knowledge seen from Law No. 5 of 2017, which at the time of the case in decision 823/K/Pid.Sus/2009 occurred where Law No. 5 of 2017 had not been passed. Indonesian society is a communal society, where there is a lack of awareness in protecting traditional culture. The emergence of various problems related to the Protection of Intellectual Property in Traditional Knowledge and Cultural Expression has made the public begin to realize the importance of Intellectual Property Law itself. In this study, the researcher uses a normative juridical law research method, namely reviewing and studying literature, legislation related to Traditional Knowledge and Cultural Expression by conducting a Law and Literature approach by analyzing secondary data through literature such as books, journals, articles and laws and regulations related to Traditional Knowledge. As a result, Decision No. 823/K/Pid.Sus/2009 showed that judges lacked understanding of traditional knowledge, which at that time had not been specifically regulated and only through the Patent Law, Trademark Law, and Copyright Law. Public awareness of Intellectual Property Rights is also low, leading to legal uncertainty. Law No. 5 of 2017 provides protection for traditional cultural knowledge and expressions, such as arts and customs, with the state obliged to carry out inventory, maintenance, and preservation. This law also emphasizes the importance of public legal awareness in its enforcement.

Transient thermal 2D FEM analysis of SiC MOSFET in short-circuit operation including high-temperature material laws and phase transition of aluminum source electrode

Understanding the electrothermal behavior of SiC MOSFET power devices under extreme operation conditions, such as short circuits, is crucial for their application certification. However, simulating short circuits in electronic components is challenging due to the necessity of a comprehensive thermal and electrical Multiphysics model that incorporates material laws and respects elevated temperatures with broad ranges. It is also needed to model the melting of the topside Al electrode. The paper presents for the first time a 2D electrothermal FEM that simulates the thermodynamic behavior of SiC MOSFET at high temperatures transistors under short-circuit conditions, including wide-range temperature-dependent material property laws. This work models the Al phase transition by considering the apparent heat capacity method and including the latent heat absorbed during the Al solid-liquid phase change (PC). The geometric accuracy of this study provides significant added values compared to existing 1D models. It was deduced that including the temperature-dependent material laws highly impacted the results. The rise in SiC junction temperature led to a delay in the onset of Al melting. It also impacted the progression manner of the Al melting process after the formation of new melting fronts.

Property expectations in the Anglo-Saxon legal system

This article examines the concept of proprietary expectations in the context of the Anglo-Saxon legal system. It analyzes the nature and significance of property expectations for individuals and companies operating in this legal system. Research focuses on how property expectations affect legal relationships, including contractual obligations, property, and other aspects of civil law. Understanding this concept is important for the effective functioning of the legal system and ensuring justice in society. The Anglo-Saxon legal system, emerging in England before the Norman Conquest of 1066, provides a fascinating study of early medieval property law. This legal framework was characterized by its integration of customary practices, local judicial decisions, and evolving notions of land tenure and ownership. The period saw the development of property expectations rooted in both communal obligations and individual rights, laying foundational principles that would influence English common law.The Anglo-Saxon period (circa 410-1066 AD) was marked by a transition from Roman to Germanic influences, profoundly affecting legal conceptions of property. Land was the primary source of wealth and power, and its control was crucial for maintaining social and political structures. Early Anglo-Saxon laws, as recorded in various legal codes such as those of King Æthelberht, King Ine, and King Alfred, reflect a blend of tribal customs and practical needs of agrarian communities. Property was primarily communal, with the king or local lords acting as custodians of land. The concept of “bookland” (land granted by charter) versus “olkland” (land held by customary right) illustrates the dual nature of property rights, blending formal grants with traditional usage. Inheritance laws were pivotal in ensuring the continuity of landholding families. Male primogeniture was not strictly followed; instead, property could be divided among sons, and even daughters could inherit under certain conditions. Wills and charters often provided detailed instructions for the division of land, reflecting both family intentions and societal norms. Disputes over property were common and were resolved through a mix of local assemblies (moots), royal courts, and ecclesiastical adjudication. Witness testimony and oath-taking were critical in establishing claims, underscoring the importance of community reputation and support. The Church played a significant role in property matters, both as a major landowner and as an influencer of legal principles. Monasteries and bishoprics received extensive land grants, often protected by royal charters. The Church’s involvement added a spiritual dimension to property rights, intertwining religious duty with legal obligations. Over the Anglo-Saxon period, there was a gradual shift from collective to more individualistic notions of property. This transition was facilitated by the increasing use of written charters, which provided clearer, legally enforceable records of land transactions. The development of more formalized legal procedures also contributed to this evolution, offering more consistent mechanisms for resolving disputes and enforcing property rights. The property expectations and legal practices of the Anglo-Saxon era laid the groundwork for the feudal system introduced by the Normans. Many principles, such as the importance of written documentation, judicial dispute resolution, and the interplay between royal authority and local customs, persisted and evolved into the common law traditions of England. The Anglo-Saxon legal system’s treatment of property provides invaluable insights into the early development of English law. By balancing communal norms with emerging individual rights, it established enduring principles that would shape the trajectory of property law in medieval England and beyond. Understanding these early legal frameworks helps to appreciate the complexities and continuities in the history of English property law.

Bengwenyama Minerals (Pty) Ltd v Genorah Resources (Pty) Ltd: Johan Froneman, the Transformation of Property Law and the Virtue of Small Things

In this article in honour of Justice Johan Froneman, I consider an early judgment of his on the Constitutional Court, Bengwenyama Minerals (Pty) Ltd v Genorah Resources (Pty) Ltd 2011 4 SA 113 (CC). I read the case as an important property law judgment, showing already at an early stage in the Court's jurisprudence strong traces of a transformative vision of property law developed by Van der Walt, Ngcukaitobi and Wilson, among others that I describe as a democratised property law. I show how the three pillars of this approach (the move from objects to objectives; the opening up of the canon of recognised property interests; and the move from property to propriety) all feature in Froneman J's Bengwenyama judgment. On this basis I then conclude by making the point that real transformation of property law derives much more from the kinds of "small moves" made by Froneman J in Bengwenyama than from the grand-scale solutions such as "expropriation without compensation" or state custodianship of land that have dominated political imagination over the past several years.