Protection Of Intellectual Property Rights Research Articles

Intellectual property rights and limitations on farmers’ rights in Pakistan

Farmers are the life blood of agriculture. The role of farmers for the services done to agro diversity and their efforts to seed preservation, sufficiently justify their rights to seed. In the wake of World Trade Organization- Trade Related Aspects of Intellectual Property (WTO-TRIPS) agreement on Intellectual Property Rights (IPR) protection for all innovations including plants. Farmers’ traditional rights are compromised over breeders of new plant varieties. This paper aims to describe international plant protection systems under WTO-TRIPS and examines two international conventions on plant protection i.e., Seed treaty and Convention on Biological Diversity. This paper employs a doctrinal method to examine the rights of farmers in Pakistan by adoption of “Plant Breeders’ Rights Act”. It is revealed that the Act limits the traditional rights of farmers’ and have helped to gratify plant breeders; Pakistan despite signatory to seed treaty has ignored to protect rights of farming communities while, in compliance to WTO-TRIPS went on to a stricter model of IPR barring farmer’s right even to seed except saving and exchanging’. The study proposes some strategies to balance between the rights of farmers with that of breeders, thus, to achieve a better reform system for both growers’ and agro technologists.

CEOs scientific background and firm innovation: evidence from China

Purpose This study aims to inspect the impact of Chief Executive Officers’ (CEOs) education in a “specific field,” such as CEOs with science and engineering backgrounds on firms’ innovation. Based on agency theory, this study also reports how an endogenous factor, i.e. CEOs’ compensation, and an exogenous factor such as intellectual property rights (IPR), moderate the CEOs with a scientific background (CEOSB)-innovation relationship. Design/methodology/approach This study uses a sample of Chinese nonfinancial firms listed on the Shanghai and Shenzhen Stock Exchanges from 2008 to 2018 by applying the ordinary least squares regression method. To deal with the endogeneity issues, this study also performs a series of additional tests. Findings The results indicate that the effects of CEOSB on the firm innovation activities are positive and significant. Further, this study finds that CEOs’ compensation and IPR protection positively and significantly moderate the CEOSB-innovation relationship. These outcomes are robust to a series of additional tests. Research limitations/implications The results of this study have valuable implications for various stakeholders interested in stimulating innovation. To sum up, the results of this study inculcate these stakeholders that the enhancement of firm innovation is contingent on the appropriate selection of CEOs, effective compensation packages and IPR regulations. Originality/value Distinct from the existent studies, the focus of the study is on the perspectives of CEOs’ scientific backgrounds. Further, based on agency theory, this study also reports how CEOs’ compensation and IPR protection moderate the CEOSB-innovation relationship, which has not been tested earlier to our knowledge, especially in the context of an emerging economy like China.

Balance of Interests of the State and the Copyright Holder in the Field of Intellectual Property for the Purposes of Competition Protection

The paper analyzes the balance of interests of the state and the copyright holder in the field of intellectual property for the purposes of competition protection. Having analyzed various measures of legal support by the state aimed at stable economic development through the prism of trust in the state and law, the author draws attention to «parallel imports.” The author also focuses on the possibility of limiting the protection of rights to intellectual property objects at the contract level due to the negotiating power of counterparties on whose sites production is located, which is similar to some Asian states. In the paper, the author analyzes the practice that took place before 2022 and compares it with the current state of ensuring the rights and legitimate interests of copyright holders. Summing up the study, the author believes that investment opportunities and trust for the state from both the society, representing the state, and national business and for foreign participants to international trade may be created through a solution that will allow the latter to fully realize their rights to intellectual property rights protection when resuming activities in the country.

An Analysis of the Implementation of a Quality Management System in Intellectual Property Organization

Intellectual property includes the legal rights and protection afforded to innovation and creativity, such as patents, trademarks, copyrights, and trade secrets. An „intellectual property protection organisation” refers to an institution whose management focuses its activities and efforts on the protection of intellectual property rights (IPR). These organisations’ primary mission is to provide support and services for the protection and administration of the intellectual property rights of individuals, companies, or other entities. Quality Management System (QMS) is a strategic approach adopted by organisations to ensure the quality of products or services offered. This system aims at the satisfaction of activities and the achievement of organisational objectives, in accordance with international standards, such as ISO 9001:2015. Analysis of the implementation of a Quality Management System (QMS) in intellectual property organisations, including a complex and strategic process involving the evaluation, planning, and detailed implementation of the system to ensure success and compliance with organisational standards.

Protecting Indonesia's Communal Intellectual Property Rights: A TWAIL Perspective

The Third World Approach to International Law (TWAIL) emerges as a critical perspective on the current international legal system, providing a robust framework to aid Indonesia in safeguarding its communal intellectual property rights. This research seeks to emphasize the urgency of adopting TWAIL and elucidates how its application can play a pivotal role in advancing both economic prosperity and social identity in Indonesia. Positioned within a normative juridical framework, this study delves into the TWAIL perspective and its relevance to the protection of Communal Intellectual Property Rights (CIPR). It demonstrates how embracing the TWAIL approach for communal intellectual property rights can establish a legal framework that is more just, inclusive, and respectful of the rights of indigenous communities. By securing strong legal protections at both international and national levels, communities gain the ability to manage their traditional knowledge for commercial use, identifying potential global markets. Consequently, this approach fosters improvement and underscores the potential positive impacts on economic development, particularly in expanding markets and accessing goods.

Exhaustion of rights and parallel import: legal assessment from the point of view of security

In the context of external challenges and threats, integration and digitalization of the economy, attention is growing to the issues of exhaustion of rights or parallel imports. The article considers the issues of exhaustion of exclusive rights to intellectual property objects from the point of view of ensuring security.The object of the study is the model of exhaustion of exclusive intellectual property rights in Russia, its features from the point of view of ensuring various types and levels of security. Based on the proposed periodization of the legal regulation of exhaustion of rights in Russia in the context of Eurasian economic integration, the author examines the formed model of exhaustion of intellectual property rights, highlights its features, identifies options for its scientific justification from the standpoint of ensuring national security in the context of internal and external threats.Methods of systemic, historical and institutional analysis, formal logical and comparative legal methods were used. The author proposes a periodization of the legal regulation of exhaustion of rights in Russia in the context of Eurasian economic integration, a classification of participants in legal relations directly or indirectly involved in the mechanisms of creation, use and turnover of intellectual property rights. Attention is drawn to three aspects of the mechanism of exhaustion of rights that has developed and is developing in Russia: the conceptual apparatus of the mechanism, the complexity and multilevel nature of the security provided by it and the mobile nature of the mechanism of exhaustion of rights. Conclusion are drawn that in modern Russia the established model of exhaustion of rights, combining elements of regional and international principles of exhaustion, can be considered as a way to counteract sanctions pressure, measures to protect domestic copyright holders, producers and consumers, measures to support the domestic economy, conditions for the formation and strengthening of technological sovereignty. It is proved that the established correlation of various models of exhaustion of rights in Russia reflects the dominance of aspects of national security protection, the strengthening of economic components of intellectual property rights protection.

Comparison of Moral and Economic Rights Between Indonesia and France

This article endeavors to conduct a comprehensive legal juxtaposition of moral and economic rights within the contexts of Indonesia and France. Intellectual property rights, specifically copyright, constitute the focal point of analysis, safeguarding various forms of creative expression encompassing literary, artistic, and scientific works. Within the realm of copyright, a fundamental distinction exists between economic rights, which are subject to arbitrary transfer, and moral rights, which inherently vest with the creator or artist and resist divestiture. Employing conceptual and normative approaches, supplemented by data procured from library resources, this research adopts qualitative data analysis techniques, encompassing both traditional and online research methodologies.The findings of this investigation illuminate dissimilarities in the legal frameworks governing intellectual property rights protection between Indonesia and France. France accentuates the significance of cultural and moral rights, prioritizing the intrinsic connection between the creator and their creation. In contrast, Indonesia places greater emphasis on economic considerations and the protection of economic interests. These disparities manifest in the divergent regulatory structures governing industrial design and copyright in each jurisdiction. Notwithstanding these distinctions, the article contends that achieving harmonization and fostering a nuanced understanding of these regulations is imperative to facilitate cross-border collaborations within the global economy and creative industries. Such harmonization is pivotal for advancing the collective interests of nations and creators alike.

Formation of an organizational and economic mechanism for increasing the economic stability of an enterprise in the management of intellectual property objects

The purpose of the study is to analyze the impact of macro- and microeconomic factors on the formation of the management system of intellectual property objects as a structural element of the organizational and economic mechanism of increasing the economic sustainability of the enterprise. The right of ownership of intellectual products is considered an institutional prerequisite for increasing the enterprise's sustainability on an innovative basis, and objects of intellectual property are determined as a critical factor of social production. In enterprise management's organizational and economic mechanism, attention is focused on goals and incentives. It is proposed to consider increasing the economic stability of the enterprise as a complex goal of management, the reengineering of which is initiated by disturbances of various etymologies with the dominant influence of external factors. As an adaptive tool for transforming the organizational and economic mechanism of enterprise management into an open system, the creation of conditions for the effective implementation of the formation, use, and distribution of intellectual property objects is proposed. The system's components of increasing the enterprise's innovative potential are highlighted, including strategic management of intellectual property, protection of intellectual property rights, management of the intellectual property portfolio, internal knowledge management, creation of an innovative culture, and optimization of financial management of intellectual assets. A comprehensive understanding of the prerequisites for protecting intellectual property rights in the context of the institutional system functioning at the national level is presented. It has been proven that the ability to transform intellectual property objects into an influential factor in acquiring sustainability by business entities depends on the quality of public-private partnerships in terms of relations between the government, businesses, and universities. Keywords: organizational and economic mechanism, economic stability, enterprise, intellectual property management, intellectual property objects, intellectual capital, national innovation system.

Sustainable Innovation in the Canadian Agrifood Sector: Past, Present & Future

In order to remain globally competitive with sustainable innovations in agri-food, both the public and private sectors in Canada must increase investment and in the industry. Studies reveal that both sectors’ support for agri-food innovation has declined in recent years. To spur innovation and growth public funding should revert to previous levels, ideally reaching 0.10 per cent of GDP. Incentives such as tax relief, matching funds and enhanced protection of intellectual property rights could spur increased levels of private sector investment in innovation. In the past 50 years, innovation in agriculture has brought tremendous benefits to producers, processors and consumers. Successful innovations include genetically modified crops, large-scale cattle feeding operations and the adoption of no-till farming, which has reduced the traditional practice of summerfallowing fields. Still, with the demand for a secure global food supply and growing concerns about the environmental impacts of large-scale farming, the need for sustainable innovation in the agri-food sector is pressing. This paper offers three recommendations for policy-makers. First, public funding for agricultural research and development should be increased to prior levels. Next, the private sector needs more favourable conditions to foster investment in the agri-food industry. Last, if intellectual property rights are strengthened, innovating firms will be reassured that they can capture the economic benefits innovation creates.

Impact of FDI absorptive capacity on labor productivity in Vietnam

This study examines the impact of Foreign Direct Investment (FDI) absorptive capacity on labor productivity in Vietnam's vibrant and dynamic context. Using panel data analysis of firm-level data from the Vietnam Enterprise Survey for 2008-2018, which was collected by the General Statistics Office of Vietnam, the authors find out that capacity is essential in enhancing labor productivity in Vietnamese firms. The study takes a strong and thorough approach, using panel data analysis to find out the many aspects of firm-level absorptive capacity and what these aspects mean for improving labor productivity in Vietnamese businesses. Specifically, firms with higher absorptive capacity tend to have higher labor productivity levels than those with lower absorptive capacity. Our findings suggest that policy makers in Vietnam and other developing countries must develop their absorptive capacity to benefit from FDI and fully improve productivity. In order to fully benefit from foreign direct investment (FDI), host nations must place a high priority on building their capacity to absorb FDI through wise expenditures in infrastructure, innovation, education, and training, as well as intellectual property rights protection. The study also shows how important absorptive capacity is in the relationship between FDI and productivity by adding to the existing research and finding the specific absorptive capacity indicators that are most useful for increasing labor productivity in Vietnamese businesses.

Overcoming barriers to technology transfer: empirical evidence from the German Democratic Republic

AbstractThis paper provides empirical evidence on a special case of restricted technology transfer: the German Democratic Republic (GDR) characterized by a socialist innovation system with a supply-side-oriented technology-push model encompassing intellectual property rights protection partially distinct from the one employed in most market economies. We exploit the natural experiment setting of the formerly separated regions in Germany and compare the productivity effects of knowledge generation, accumulation, and diffusion in the GDR with those of the Federal Republic of Germany (FRG) between 1970 and 1989. By applying a Cobb–Douglas production function to original primary and harmonized productivity data and manually cleaned patent data, we show that knowledge generation, accumulation and diffusion contributed to sectoral productivity in the GDR similarly compared to the FRG, despite the institutional misalignments in the socialist innovation system. We explain these findings and provide implications for present organizations with regard to incentive schemes for patenting, the support of personal creativity and education, and alternative technology transfer mechanisms in case of institutional barriers to innovation.

Juridical Study of Intellectual Property Rights (IPR) for Plant Variety Protection (PVP) in Improving Agribusiness Competitiveness to Support the Sustainability of Indonesia's Economic Development

Purpose: This research aims to examine IPR protection for plant varieties through the regulation of the Patent Law and the PVP Law and formulate an appropriate legal regime to increase agribusiness competitiveness to support sustainable economic development. This research provides solutions for breeders and inventors as well as the government for the weaknesses of the Patent Law and PVP Law in addition to formulating the right IPR legal regime.
 
 Design/methodology/data analysis: The research method uses normative juridical. Researchers analyzed through secondary data, comparative law methods, and historical juridical IPR theories. Researchers construct the formulation of an appropriate IPR regime system.
 
 Findings: Researchers formulate that the PVP Law is an IPR regime system that is more appropriate than the Patent Law to improve agribusiness competitiveness. The PVP Law can accommodate the characteristics of plant varieties, the value of traditional knowledge, and farmer exceptions. However, a new legal regime system related to traditional knowledge that can accommodate special matters is needed.
 
 Originality/value: No one has examined the improvement of the IPR regime system and the establishment of a new legal regime related to "traditional knowledge" to improve agribusiness competitiveness to support sustainable economic development.
 
 Practical implications: The government needs to reassess the PVP Law, among others: (1) need to accommodate protection arrangements related to "processes," (2) affirmation of the time limit for the protection of traditional knowledge, (3) enforcement of security and environmental sustainability, (4) authority to grant compulsory licenses. In addition, it is necessary to develop new types of laws related to the protection of traditional knowledge. This research can be applied in other countries that have the same characteristics as Indonesia.

Challenges and Opportunities in Implementing Intellectual Property Rights Protection System for Creative Industry Development in Indonesia

The Indonesian creative industry stands at the intersection of cultural richness, technological advancements, and economic potential. This research undertakes a quantitative analysis to unravel the challenges and opportunities in implementing an Intellectual Property Rights (IPR) protection system for creative industry development in Indonesia. The study involves 100 respondents representing diverse segments of the creative industry. Findings reveal a nuanced landscape, with varying perceptions of the current IPR protection system, significant concerns about challenges such as piracy, and optimistic views on growth opportunities through digital platforms, collaborations, and global markets. Recommendations from creative professionals emphasize the need for legal reforms, increased awareness campaigns, and collaborative efforts. This research contributes valuable insights to inform policymakers, industry practitioners, and stakeholders in fostering a robust and dynamic creative industry in Indonesia.

Statistical Models to Measure the Impact of Intellectual Property Rights Protection on Foreign Trade in Egypt

This study aims to estimate the relationship between the Protection of intellectual property rights indices and the foreign trade index in Egypt from 1995 to 2022. The comparison has been made between many models such as full modified ordinary least squares (FMOLS) model, dynamic ordinary least squares (DOLS) model , canonical co-integration regression (CCR) model and autoregressive distributed lag (ARDL) model. The results of the study showed that the best model was the ARDL model to increase its interpretive capacity. The study also showed that the most important property rights protection indicators affecting the foreign trade index are the number of applications and registrations of brands, the number of patents registered and granted, the number of applications and registrations of industrial designs, and the proportion of expenditure on research and development as a proportion of gross domestic product (GDP). The estimated model also passed all diagnostic tests and showed that there was no autocorrelation, no Heteroskedasticity. In addition, it was found to follow a normal distribution and to be stable.

Retracted: Mode Optimization and Rule Management of Intellectual Property Rights Protection of Educational Resource Data Based on Machine Learning Algorithm

Retracted: Mode Optimization and Rule Management of Intellectual Property Rights Protection of Educational Resource Data Based on Machine Learning Algorithm

Legal Protection Of Intellectual Property Rights In Global Business

Intellectual property rights (IPR) are an important asset for business people, both individu-als and companies. IPR can protect intellectual works, such as copyrighted works, patents, brands and industrial designs. The aim of this research is to analyze the legal protection of IPR in global business. This research uses normative legal research methods. Research data was obtained through literature study. Research data was analyzed qualitatively in three stages, namely data reduction, data presentation and conclusion drawing. The re-search results show that legal protection for intellectual property rights in global business has actually been regulated in various legal sources such as conventions, one of which is regulated by Article 27 (2) Universal Declaration of Human Rights, the TRIPS Agreement (Agreement on Trade-Related Aspects of Intellectual Property) convention. Rights), Berne Convention for the Protection of Literary and Artistic Works, and Paris Convention for the Protection of Industrial Property. This regulation shows that intellectual property rights are part of human rights that must be protected, respected and fulfilled by the government.

Digitisation of Administration and Legal Basis in Kosovo

Background: In contact with modern technologies, public administration transforms, adopting a new look and changing its legal nature to become an electronic public administration. In addition, we can also observe the use of information technologies in the activities of courts. In electronic public administration, which is based on the use of information and communication technologies and the Internet, the underlying working element is information and personal data of citizens. However, new technologies also carry numerous risks for the security of information and personal data used by administrative bodies and courts in their work, which may lead to the infringement of citizens' rights and the public interest. The demand for adequate protection of personal data in relation to administrative authorities stands out as an important need of citizens in modern society, that we tried to illustrate on the example of the Republic of Kosovo. Methods: The methodology employed in this research involves the methods of description, comparison, legal analysis and analysis of data and information collected within the context of Kosovo. The legal analysis in this paper focuses on the content of the constitutional and legal framework for public administration control instruments. The legal analysis pertaining to public administration control instruments is also widely used to clarify the implementation of laws and principles in practice within Kosovo. Through this method, it is intended to highlight the problems during the applicability of the legislation. The descriptive method used in this paper was intended to reflect the current state of public administration control instruments in Kosovo. This article provides an overview of legal mechanisms that can be implemented to stimulate digital administration in developing countries. These legal mechanisms include the development of appropriate legal frameworks for e-administration, protection of intellectual property rights, privacy and data protection laws, and cyber security laws. Results and Conclusions: Electronic public administration in Kosovo represents an altered and modern concept of public administration that has changed the way and purpose of performing state affairs. Technically, it is based on using the Internet and information and communication technologies to conduct regular state affairs and forecast the situation in various social fields. These technical elements have also influenced its legal nature, facilitating administrative bodies in expediting their duties and enhancing the execution of their responsibilities. This evolution fosters a more direct interaction between Kosovo citizens and their state, allowing citizens to gain insight into state affairs that directly affect their rights and interests.

Intellectual Property Protection in Cross-Border E-Commerce

With the rapid development of Internet technology, electronic trade has become a significant player in the national and global economy. This thesis examines the complex issues surrounding intellectual property rights (IPR) in cross-border electronic trade. The rapid growth of internet technology has led to an increase in transnational economic disputes, particularly in online shopping platforms and e-commerce websites. The presence of pirated products, trademark counterfeiting, brand infringement, and copyright protection are major concerns in this context. Several factors contribute to these disputes, including different legal systems, cultural backgrounds, economic development levels, conflicting interests of countries, and varying stakeholder attitudes towards IPR protection. Notable cases, such as the Apple-Samsung patent dispute and the challenges faced by Alibaba regarding counterfeit goods, highlight the need for comprehensive solutions to safeguard IPR in a globalized marketplace. The thesis also explores how technology can contribute to addressing these challenges. Blockchain technology can provide enhanced security, transparency, and efficiency in managing intellectual property rights. Big data and artificial intelligence can automate the analysis and monitoring of digital content, enabling faster identification and action against infringement. Establishing global collaborative IP protection platforms and innovative dispute resolution mechanisms are also crucial steps forward.

A Systematic Literature Review on IT Governance Mechanisms and Frameworks

Nowadays, it is not common to come across sectors that can work and succeed without using information technology (IT). IT has now become a part of organizations' management and strategic decision-making mechanisms. Therefore, organizations make serious investments to develop software and system infrastructures and transfer business processes to digital environments such as cloud technologies. So, they get business resilient while they gain opportunities of spreading their business activities to wide stakeholders and customers. Here it is essential to provide assurance that an organization evaluates, develops, implements, maintains, disposes of its IT systems and manages life cycle of all information and information technology systems properly on all physical and logical environments. However, the most important matter is that an organization’s objectives are met by the management practices of its information systems. While organizations carry out their digital transformation at a dizzying speed, organizations should be protected from material and moral damages such as loss of money, loss of commercial confidential information, loss of reputation by protecting the confidentiality, integrity and accessibility of the information assets they own and also comply with legal legislations such as the protection of personal data and intellectual property rights. In order to achieve this, organizations benefit from one or more frameworks, standards or directives that are suitable for their own structures and needs, separately or by integrating them. However, the most important point in this transformation process is the transition of organizations from IT management understanding to IT governance. In other words, IT has now become a part of the strategic decision-making mechanism by rising from the level of support tool to carry out business processes in organizations. When we search the academic literature, frameworks and standards, it is seen that the key elements of IT governance are structures, processes and relational mechanisms. If these three components are set up correctly and fit the organization, it can be assured that IT aligns with and supports the objectives of the organizations and that effective IT governance is achieved in every kind of organizations. In this research, databases such as Web of Science, IEEE, and SCOPUS are scanned and found articles are reviewed in order to make a literature review on IT Governance Mechanisms and Frameworks. Results are evaluated and discussed. By the way, suggestions for further studies were made and advanced researches were shed light on.

Copyright Protection for AI-Generated Content: A Study Perspective from Chinese Law

The rapid proliferation of AI technology, marking the transition from weak AI to strong AI, has catalyzed a surge in AI-generated content across various domains. This transformation has brought into question the protection of intellectual property rights associated with AI-generated works. This paper embarks on an exploration of the evolving framework for protecting AI-generated content within the context of Chinese law. It delves into the multifaceted dimensions of this issue, scrutinizing copyright disputes arising from the innovative nature of AI content generation. Furthermore, it critically analyzes judicial practices to discern the evolving legal stance regarding AI-generated works, distinguishing cases where protection is granted from those where it is denied. In response to the challenges posed by this nascent field, the article also proposes a set of strategies geared towards fortifying the protective mechanisms for AI-generated content. These strategies encompass the development of classification criteria based on the purpose of content generation, the enhancement of intellectual property registration and verification mechanisms, and the promotion of synergy between technological advancements and legal frameworks.