Protection Of Intellectual Property Rights Research Articles

Intellectual Property Protection of Traditional Handicrafts: Practical Foundations and Future Perspectives

Traditional handicrafts, a tangible manifestation of traditional culture and a significant cultural legacy, its related intellectual property issues have been controversial in recent years. This paper evaluates several common methods of intellectual property protection that could be adapted to traditional handicrafts and the current state of protection. Then finds that the existing IP system lacks a systematic approach or framework to the protection traditional handicrafts. Although many countries have already experimented with the use of geographical indications for the protection of their national intangible cultural heritage, it is clear that the legitimate and reasonable protection approach of many traditional and indigenous cultural expressions cannot be achieved by means of single type of IP law. By drawing on the shortcomings and dilemmas of previous protection experiences and combining the characteristics of traditional cultural expressions, this paper proposes a fundamental mechanism for the protection of intellectual property rights for traditional handicrafts and a framework for underlying IP law protection.

The Concept of Legal Protection of Intellectual Property Rights of Traditional Jamu Communal Rights in Central Java

This study aims to describe and provide empirical evidence regarding the legal protection of intellectual property rights for traditional herbal medicines based on communal rights in Central Java and to formulate the concept of legal protection for traditional herbal medicines based on communal rights. Theoretical Framework: This study uses the Theory of Legal Protection and the Theory of Defensive Protection to provide solutions to phenomena that occur in the field. It employs a purposive technique in sampling. The empirical concept is still known in legal research. Legal research views law in the scope of non-formal institutions and tries to understand legal behavior (the living law) in the context of social reality, legal protection of traditional herbal medicine, and also in the context of the reality of society that lives in groups and together. The findings of the study explain that Traditional Herbal Medicine Nguter, which is made and produced by the Nguter Local Community consisting of Herbal Medicine Business Actors, the Nguter Herbal Medicine Market, and also the Indonesian Herbal Medicine Cooperative, Kroya District, Cilacap Regency, Mijen District, Semarang City, and enjoyed by consumers in Nguter District, shows that traditional herbal medicine is a concoction that has been produced for generations and used by the Local Community. The existence of herbal medicine has its significance; however, it has not been optimally protected by the law by the State in the perspective of Intellectual Property Rights. The concept offered is legal protection for traditional herbal medicine as traditional knowledge by using the Defensive Protection concept, which is based on the fulfillment of communal rights. In this perspective, protection is achieved by publishing traditional herbal medicine openly, which can be accessed by Patent Examiners in Indonesia and abroad. The name of the publication is the Traditional Medicine Digital Library.

Implementing intellectual property rights at universities: Evidence from Vietnam

This article analyzes the current situation of intellectual property rights awareness and implementation in some typical universities of Vietnam. The article analyzes the challenges in the enforcement of intellectual property rights as well as solutions that Vietnam's higher education system needs to approach to implement in line with international practices. The article synthesizes documents through legal documents of the Vietnamese government on intellectual property rights enforcement. 650 semi-structured survey samples were conducted at 10 major universities in the North, Central and South of Vietnam to survey and collect important information for research purposes. A significant proportion of universities are not really interested in intellectual property rights and intellectual property. Besides, there are certain violations related to copyright in the teaching materials designed in the training program. Enforcement and protection of intellectual property rights is an important tool to bring benefits, such as enhancing the brand of Vietnamese universities. With existing intellectual property, universities need appropriate solutions to enforce current intellectual property rights. The article raises the efficiency and awareness of intellectual property in universities today in Vietnam. By improving the effectiveness of IP rights enforcement in universities, it will create motivation for continuous thinking and creativity, improve competitiveness and bring many benefits and values to the university and society.

Research on the Rules of Right Restriction under the Protection Regulations for New Varieties of Plants: Taking Farmers' Own Seed Saving as an Example

The protection of intellectual property for the new varieties of plants aligns with the needs of contemporary development, yet it also creates conflicts with the traditional practices of farmers who save their own seeds. Farmers' right to save their own seeds is a natural entitlement, and the clash between the public interest in this practice and the rights associated with new plant varieties remains a derivative issue of the intellectual property enclosure movement. The starting point of the problem lies in reconciling the private nature of intellectual property rights with public interests, while its resolution depends on the adaptation of limitations and exceptions within intellectual property law. Under the protection of intellectual property rights for new plant varieties, farmers face difficulties in determining reasonable boundaries for seed saving. At the legal level, it is necessary to recognize the legitimacy of farmers’ seed-saving practices and reasonably define such activities; at the practical level, it is feasible to incorporate relevant systems from copyright law, establish a compensation mechanism, and set up collective management organizations for seed-saving fees to rebalance the interests of relevant parties.

The Role of Intellectual Property Rights Protection on Intra- Comesa Trade with A Specific Focus on Trademarks

This paper employs the Pseudo Poisson Maximum Likelihood estimation technique to investigate the impact of trademarks, as a proxy for Intellectual Property Rights (IPRs), on intra-Common Market for Eastern and Southern Africa (COMESA) trade using panel data from 2000 to 2022. While the study establishes significant aggregate-level market expansion effects of trademarks on imports within COMESA, it also reveals sector-specific variations. Specifically, the study confirms a positive correlation between trademark-related imports of plastics, pharmaceuticals, rubber, tobacco, paper, and footwear products, suggesting that stronger trademark enforcement could enhance market expansion in this sector. Conversely, a negative correlation between trademark-related imports of dairy and clothing products is exposed, indicating potential market power effects that might restrict intra-COMESA trade. These findings underscore the importance of tailored IPRs policies across sectors, advocating for strengthened trademark protection in sectors that are significant and positively affected, while suggesting a more lenient approach for promoting trade in negatively affected sectors within the COMESA region.

Intellectual property rights protection, trade, and GVC participation – an empirical analysis based on South Korean data

Intellectual property rights protection, trade, and GVC participation – an empirical analysis based on South Korean data

Intellectual property rights as an aspect of modern globalization

The article touches upon the topic of intellectual property protection in the era of globalisation and reveals the principles of national legal order at the beginning of the formation of the foundations for protection of intellectual property rights, which will in fact serve as a qualitative basis for resolving potential disputes in the future. The study shows that intellectual property has no borders, because if an author writes, say, a software code, he or she will be its author both in Ukraine and abroad (in this case, we are talking about the presumption of authorship). The author identifies and describes certain characteristics inherent in the current intellectual property regime. It is substantiated that in our country one can protect one’s rights by concluding a contract to prevent future conflicts, or by applying alternative means of dispute resolution. An example of the first case is an agreement on the transfer of rights to use a work, while the second case is exemplified by such models as negotiations or dispute resolution with the participation of a judge. The author proposes an action-oriented approach, which consists in directly informing the society about ensuring the needs of integrity in the use of other people’s intellectual property for the purpose of combating plagiarism in Ukraine. This can be implemented precisely by creating a register of pre-registered works that have already been certified by the Ukrainian National Institute of Intellectual Property. This view will be of interest to intellectual property professionals. Particular attention is paid to one of the novelties that occurred in our country during the war, in particular, it is highlighted that the application for termination of copyright infringement must contain confirmation of the accuracy of the information submitted as evidence by a lawyer or patent attorney. In addition, the latter’s powers include filing such applications (in written or electronic form, with the signature of an intellectual property representative), finding out the applicants’ contacts, including direct confirmation of their intellectual property rights. The analysis of the European Court of Human Rights judgment allowed us to trace a clear correlation between the existence of official registration documentation (e.g., a copyright registration certificate or a final court decision) and the actual confirmation of the existence of a set of intellectual property rights. Thus, such correlation is a crucial criterion for determining whether the intellectual property itself falls under the protection of the European Convention on Human Rights, and in the absence of such confirmation, this situation may result in the European Court of Human Rights refusing to recognise the right of ownership of a particular intellectual property object.

The place and role of administrative responsibility in the field of protection of intellectual property rights

The place and role of administrative responsibility in the field of protection of intellectual property rights

Transformation of intellectual property rights protection in the age of artificial intelligence: challenges for Ukrainian researchers and scientific institutions

Transformation of intellectual property rights protection in the age of artificial intelligence: challenges for Ukrainian researchers and scientific institutions

THE PERSPECTIVE OF PLURALISTIC SOCIETY ON THE TRANSFORMATION OF INTELLECTUAL PROPERTY PROTECTION IN THE DIGITAL ERA AS AN EFFORT TO PREVENT COPYRIGHT INFRINGEMENT

In the digital era, intellectual property rights (IPR) face unprecedented challenges due to rapid technological advancements and the global accessibility of digital content. This study examines the impact of digital developments on copyright infringement in Indonesia, a diverse and pluralistic society, and analyzes effective legal approaches for copyright protection within its unique socio-cultural context. Employing a normative-juridical approach, the research explores existing legal frameworks, including Indonesia’s Copyright Law and the Electronic Information and Transaction Law, to assess their capacity to address issues related to digital copyright infringement and the role of artificial intelligence (AI) in both enforcing and infringing copyright. By analyzing relevant statutes and applying a conceptual approach, the study evaluates the extent to which current legal mechanisms support creators' rights while balancing cultural values. The findings reveal that Indonesia’s legal framework requires adaptive and culturally relevant modifications to effectively protect copyright in a digitally connected, multicultural society. This research contributes to the discourse on digital copyright law, emphasizing the need for flexible regulations and collaborative efforts among government, communities, and stakeholders to foster compliance and awareness. Future research is recommended to focus on adaptive regulatory models that integrate technology with IPR protection and explore international cooperation to address the global challenges of digital copyright.

Who benefits from strong patent protection? An oil‐dependent country's perspective

AbstractIn this paper, a complex interplay is demonstrated, indicating that the impact of intellectual property rights (IPR) and patent protection varies in certain trade contexts. We review the IPR and patent laws in Oman and subsequent amendments following the signing of free trade agreements and investigate how strong protection of patents and IPRs affects Oman's trade. A panel data set comprising the majority of Oman's trading partners from 2000 to 2021 was utilized to achieve this objective. Under the Oman Intellectual Property (IP) Laws, 5617 patent applications were used to calculate the patent index scores. This study contributes four significant findings. First, it analyzes how strong IP and patent protection affect Oman's exports and imports. Second, it assesses the variation in overall trade flows and manufacturing trade flows. Third, while most studies use the IPR index, this study offers a more specific perspective by examining the patent index, particularly concerning manufacturing trade, which is primarily associated with patent‐protected technologies. Fourth, this study provides the first comprehensive analysis of a GCC country that is heavily dependent on oil. This study reveals that Oman's strong IPR and patent regimes significantly enhance overall exports. Strong patent protection promotes the import of high‐tech goods, whereas robust IPR protection unexpectedly reduces manufacturing trade.

Reconstructing IP office governance dynamically: A literature study

Intellectual property (IP) is a crucial issue as it directly impacts economic growth. This research analyzed the dynamic governance reconstruction within Indonesia’s Ministry of Law and Human Rights aimed at transforming it into a world-class Intellectual Property Office (IPO). A systematic review of 20 articles was conducted. The results showed that the Directorate General of Intellectual Property (DGIP) under the Ministry has numerous opportunities to become a world-class IPO. Protecting intellectual works through IP rights enhances inclusiveness, such as ensuring operational freedoms. The Indonesian government is employing dynamic governance methods to contextualize and implement bureaucratic reforms. However, there is resistance to change as old habits conflict with the new order, posing a challenge to bureaucratic reform. Strategies to create a world-class IPO involve improving technology utilization and fostering innovation. The protection of IP rights has widened inclusivity by enabling operational freedoms. Under dynamic governance, the bureaucracy is being restructured to be more context-aware and agile in its execution. Yet, ingrained practices resist reform, creating friction with the new systems being instituted. Initiatives to elevate the DGIP include technological modernization and promoting a more innovative culture. By reviewing these aspects systematically, the research provides insights into the opportunities and challenges in transforming Indonesia’s IP office into a world-class institution capable of driving economic growth through robust IP governance.

Legal Protection of Intellectual Property Rights in the Digital Industry: A Review of Legal Developments and Implementation Challenges

This research aims to understand the Legal Protection of Intellectual Property Rights in the Digital Industry: A Review of Legal Developments and Implementation Challenges.The literature study will also include a review of relevant legal literature, especially relating to intellectual property protection in the digital era. In addition, legal sources related to IPR in the digital era are also an important basis for this analysis, ensuring a deep understanding of the existing regulatory framework. By utilizing the latest literature and relevant legal sources, this research can provide a comprehensive understanding of the challenges, trends and solutions in protecting IPR amidst the dynamics of digital technology. Research results Legal protection of intellectual property rights (IPR) in the digital era is a complex and vital issue that requires a holistic approach. Challenges include copyright infringement, data security, and global competition for patents and trademarks. Strong and effective regulations are needed to address these challenges without stifling innovation and economic growth. Awareness of the importance of intellectual property rights must be increased through extensive educational campaigns and programs by increasing their understanding of copyright, patents, trademarks and industrial designs, individuals will play a greater role in respecting and protecting intellectual property rights in the digital era.

Challenges and Frontiers in Intellectual Property Rights Amidst the Rise of Artificial Intelligence

This article investigates the impact of artificial intelligence (AI) on intellectual property (IP) rights, addressing challenges in ownership and authorship of AI-generated creations while exploring legal and ethical dilemmas in traditional IP domains. It offers strategies for navigating these complexities, drawing on legal precedents, international agreements, and policy recommendations. The research emphasizes the urgent need for legislative updates to address these challenges effectively. Recommendations include the enactment of innovative constitutional provisions, updating IP legislation to encompass AI-related issues comprehensively, and advocating for effective judicial intervention. By implementing these strategies, Sri Lanka can foster a harmonious coexistence of AI and IP, ensuring the protection of intellectual property rights while stimulating innovation in the AI era.

The Legal Regulation of Manufacturing and Access to Blood Products and Protection of Intellectual Property Rights in the Pharmaceutical Sector under the Conditions of War

The Legal Regulation of Manufacturing and Access to Blood Products and Protection of Intellectual Property Rights in the Pharmaceutical Sector under the Conditions of War

Are We Asking Too Much of OER? A Conversation on OER from OE Global 2023

This paper examines the pervasive discourse of disruption in OER literature by recounting a facilitated conversation hosted at the 2023 Open Education Global conference held in Edmonton, Alberta. This dialogue used Bacchi’s “what is the problem represented to be” (WPR) approach to structure the conversation in four movements. The first movement problematized the concept of OER by discussing the educational challenges OER supposedly addresses, such as the high cost of textbooks. The second movement considered the genealogy, historical development, and philosophical underpinnings of OER. The third movement accounted for the disruptors within the OER movement, exploring what OER have disrupted and discussing if disruption is even a legitimate goal of OER. The fourth and final movement pivoted to examine resistors and forms of resistance to OER, including the protection of intellectual property rights, copyright concerns, and Marcuse’s idea of repressive tolerance. This single conversation generated a small but important piece of social intelligence within a much larger dialogue about open education, open pedagogy, and OER during a time of flux (characterized by intense politicization, the relentless progression of educational technology, the intensification of marketization, and the growing popularity of all-inclusive textbooks). This social intelligence can be used to guide the next transition phase for OER development. While the conversation does not offer tidy solutions or even clear recommendations, it does suggest that the next wave of OER practitioners would always do well to focus on the goals OER can achieve, not what they hope to disrupt.

Ecological Construction of China's Music Industry from the Perspective of Cultural Economy

As an important part of culture economy, the Chinese music industry has shown a steady growth trend from the supply side, consumption side, and channel side, but there are still some structural contradictions, weak links and problems. With draw lessons from international advanced experience, this paper considers that the healthy and vigorous development of the music industry of China requires the protection of intellectual property rights, the support of financial and tax policies, the cultivation of professional talents, the forging of the industrial chain, and the encouragement of the "going global" of the music industry. This paper believes that the pursuit of spiritual life by humans is endless, the world music industry has shown great market potential and bright growth prospects.

Practical Reforms in the Field of Copyright Protection in the Republic Of Uzbekistan and Their Promising Results

This article examines the ongoing efforts to enhance legal literacy, awareness, and the protection of intellectual property rights in Uzbekistan, focusing on the “Strategy for the Development of Intellectual Property in the Republic of Uzbekistan for 2022-2026.” It highlights the significant legal reforms undertaken since the 2017-2021 development strategy, including the adoption of over a thousand laws aimed at fostering transparency, civil society engagement, and human rights protection. However, several challenges persist in the legal protection of intellectual property, such as inadequate public knowledge, weak integration of intellectual property in production processes, and insufficient coordination among relevant state bodies. The research explores how collective management of intellectual property rights, inspired by international models, can address these challenges. It also delves into the institutional reforms needed to ensure efficient legal protection, prevent counterfeit products, and promote the use of intellectual activity results in the economic and social sectors. The article concludes with recommendations for improving Uzbekistan’s intellectual property framework, increasing public engagement, and positioning intellectual property as a key driver of the country's socio-economic development.

COVID-19 Pandemic and Vaccine Imperialism

The COVID-19 pandemic revealed and exacerbated the global inequalities regarding the availability and access to vaccines. Many terms have appeared in the academic literature (“vaccine colonialism,” “vaccine nationalism,” “vaccine apartheid”) trying to capture and interpret these inequalities, failing in most cases to realistically explain the upstream causes of the observed injustices. A Marxist perspective on the contrary emphasizes the structural causes of inequalities in capitalism and attributes them to the existence of economic exploitation. “Vaccine imperialism,” which refers to the control that advanced industrialized countries exert on the development, production, and distribution of vaccines at the expense of less-developed economies, can describe and explain in a more realistic way the observed inequalities during the pandemic. Our study proposes a circuit of vaccine imperialism that explains how economic imperialist exploitation takes place via transfers of value from less-developed economies (vaccine recipient countries) to imperialist economies (vaccine producing and patent holder countries) using four different channels: (a) protection of intellectual property (IP) rights (patents), (b) earnings from royalty payments for the use of vaccines (monopolistic prices and profits), (c) exercise of monopoly power on the production and distribution of vaccines (control over the quantity of vaccines supplied, exclusion of competitors through vaccine licensing), and (d) public debt servicing. JEL Classification: I14, I18, D43, F54, F55, H51

The Future of Generative AI: Copyright and Infringement Issues

Rapid advancements in generative artificial intelligence (Generative AI) have sparked a global revolution, ushering in a new era of accelerated automation that promises to upend industries, boost productivity, and potentially displace significant portions of the white- and blue-collar workforce. However, the rise of Generative AI also presents numerous challenges, particularly in the realm of copyright and infringement. The use of copyrighted works as training data for AI models has sparked fierce debates among creators, artists, writers, and programmers who object to their creations being utilized without attribution or compensation. Whether AI-generated content should be protected under copyright law is contentious, as the traditional copyright framework was designed for human creators. This paper delves into the copyright and infringement challenges posed by Generative AI, examining the legal framework, case studies, and potential solutions. It argues that a strategic approach is necessary to navigate the complexities of this rapidly evolving technology while ensuring the protection of intellectual property rights. The paper concludes by advocating for the development of comprehensive legal frameworks that balance the benefits of Generative AI with the need to safeguard creators rights.