IPR Protection Research Articles

Intellectual Property Rights in Saudi Arabia and Their Compatibility with the World Trade Organization

This paper aims to review Saudi Arabia’s IPR system and analyze to what extent it complies with the WTO/TRIPS. The research looks into the history and the present legal system of IPR in Saudi Arabia. It also identifies the enforcement systems, and issues concerning compliance with international standards. With a comparative analysis method, the research assesses Saudi Arabia in comparison with the WTO guidelines and its neighboring countries regarding improving IPR protection. This research identifies progress in legislative and institutional development and gaps in enforcement efficiency and digital IP protection. The paper discusses measures to improve Saudi Arabia’s IPR system to support innovation-based development and increase WTO compliance.

Nonlinearities in the Intellectual Property-Manufacturing Growth Nexus in the Post-TRIPS Era: Evidence from a Dynamic Panel Analysis

AbstractDiscussions around the importance of intellectual property (IP) intensified at the height of the COVID-19 pandemic as countries raced to secure IP-protected goods (e.g., vaccines and medical equipment) necessary to respond quickly and adequately to the threat of the virus’ spread. Building on the growing strand of the literature that reexamines IP’s effect on an array of social and economic outcomes, this paper examines the relationship between quantitative (patents and trademarks) and qualitative (IP protection) measures of IP, on the one hand, and manufacturing growth, on the other hand, accounting for the presence of nonlinearities. Using a two-step system generalized method of moments (SGMM) approach on a panel dataset of 81 countries spanning the post-1995 TRIPS Agreement period, our estimates show that these alternative measures of IP have differential and nonlinear effects on manufacturing growth. In particular, patents have a positive significant marginal effect on manufacturing growth past a minimum scale, whereas trademarks do not have a significant effect. In contrast, stronger IPR protection has a positive effect only up to a critical level of IPR protection, implying that “too much” IPR protection can stifle growth-inducing competing innovation. The paper concludes with a brief discussion on the mechanisms through which IP may contribute to manufacturing growth, and on some policies, which may help realize this potential. Broadly, this paper speaks to academic and policy discussions surrounding optimal IP enforcement and the benefits and consequences of IP.

IPR Protection and Sustainable Economic Growth: Domestic R&D Level and International R&D Trade Cooperation Perspective

Based on theoretical analysis and research hypotheses, this study uses unbalanced panel data from 107 countries from 2008 to 2020 to empirically analyze the impact of intellectual property rights protection (IPRP) on sustainable economic growth (SEG). The results demonstrate that IPRP promotes SEG directly and indirectly by enhancing the accumulation of knowledge capital through domestic R&D and international R&D trade cooperation. Technological progress reduces the positive impact of IPRP on domestic R&D but amplifies the effect of domestic R&D on SEG. Furthermore, political stability enhances the positive effects of IPRP on international R&D trade cooperation and SEG. This research provides empirical evidence for the role of IPRP in sustainable development and offers policy insights for governments worldwide.

Intellectual property synergies: merging halal certification with Indonesian communal intellectual property rights laws

Indonesia possesses significant potential to enhance and expand its halal industry, leveraging its unique cultural assets from many of its indigenous communities. One of the ways to ensure the growth of the halal industry is the facilitation of IPR protection through the legal framework. Using a normative method supported by a statutory approach, this research analyzed the challenges and potentials of integrating halal certification into the communal IPR system in Indonesia. The analysis found many restrictions within the existing positive laws which can prevent the integration of halal certification into the communal IPR system. This research proposed a model of communal IPR according to the challenges identified, along with the normative construction needed to establish it. This model mainly focused on providing normative spaces for the integration of sharia compliance while also making sure that the purposes of IPR protection are fulfilled.

Trademarks and firm market value: Evidence from new trademark-firm linked data in China

A growing stream of research conducted in developed economies has shown that trademarks are positively related to firms' market value. However, we have limited understanding of whether this finding might apply to emerging economies, many of which have developed their own unique trademark regimes and are currently experiencing exponential growth in trademark registrations. In this study, we address this gap by constructing a new dataset that links trademark registrations with listed firms in China—the first of its kind for Chinese trademarks. Using this dataset, we find that in-use trademarks (trademarks being used by firms), as well as unused trademarks registered for a firm's current businesses, are positively related to firm value; further, the strength of IPR protection in subnational regions (provinces in China) amplifies these relationships. By contrast, unused trademarks that are not registered for a firm's current businesses have no impact on firm value. We also find that trademarks and patents complement each other in enhancing firm value. We call for more future research attention to trademarks in emerging economies to improve existing understanding of the important role trademarks play in these fast-growing markets often featuring unique IPR regimes.

The urgency of intellectual property rights in the digital era from the perspective of Sharia economic law in Indonesia

Intellectual Property Rights, or IPR, are essential for economic development and innovation, especially in the current digital era. However, certain aspects need to be considered in the context of Islamic financial law to ensure that IPR is applied relatively and by legal principles, especially law of Islam. This article analyzes the perspective of Islamic economic law regarding IPR in the current digital era, including its protection, use, and utilization. This study is a normative juridical study using a statute approach, which begins by investigating existing laws and regulations both in the positive legal framework and in the Islamic legal framework, which is based on the Koran, Hadith, and fatwas of the Ulama. Based on the study, it was found that even though IPR is not stated explicitly in the sharia, it refers to its essence, which is equated with property (mal), based on the norms, values, and principles contained in Islamic law, especially the mashed asy sharia theory, protection of IPR is very basic and integrated into the belief held by Muslims that Islam, which consists of monotheism, sharia, and morals, is an inseparable unity and illegal use of IPR is an injustice. The urgency of this study lies in the importance of IPR protection to encourage innovation and creativity in various fields, as well as the importance of considering Sharia principles in the use of IPR to provide optimal economic benefits for rights owners and society.

Perlindungan Kekayaan Intelektual Batik Tradisional Dalam Perspektif Hukum

Batik is a culturally significant craft with considerable artistic merit that has permeated Indonesia. Batik featuring traditional motifs is thus a significant cultural artifact of Indonesia. Therefore, batik must be safeguarded, maintained, and its growth must be encouraged. The copyright for this batik art, which has been practiced for generations as part of a traditional culture, shall be owned by the state in accordance with Article 10, paragraph 2 of Law No. 19 of 2002 on Copyright. Nevertheless, this legislation has proven inadequate in safeguarding the intellectual property rights of conventional batik motifs during its execution. This research approach is based on an empirical legal methodology. The research findings indicate that Surakarta Kraton batik is categorized as one of the craft arts that has effectively rejuvenated its motifs, techniques, and applications, thereby ensuring its continued existence. Consequently, special protection is required, with the purpose of safeguarding traditional cultural expressions in order to prevent their extinction and preserve cultural heritage. Sui generis IPR protection is intended to safeguard folklore by ensuring that its philosophical, symbolic, theological, and sacrosanct values remain intact.

PENGARUH PEMAHAMAN FATWA MUI TENTANG PERLINDUNGAN HKI TERHADAP PERILAKU PELANGGARAN HAK CIPTA DIKALANGAN MAHASISWA YOGYAKARTA

Copyright infringement, especially the use of illegal computer (software) programs, is common in Indonesia. According to the BSA report in the 2011 Global Software Piracy Study which was released on May 15, 2012, found 59 percent of computer users in Indonesia claimed to do software piracy.
 The Indonesian Ulama Council as one of the Islamic religious institutions in the State of Indonesia has issued a fatwa number 1 / MUNAS VII / MUI / 15/2005 concerning the Protection of Intellectual Property Rights, which contains several considerations, the legal basis and the mafsadat caused.
 This study takes the scope of copyright violations of computer programs in the world of education that are loaded with the use of various computer programs. The education world should be free from this copyright infringement behavior.
 To find out the legal reality in the community in this case the academic community, this study uses a type of quantitative research or survey research with a quantitative data analysis approach. This study takes direct data with a questionnaire about the perspective of students in Yogyakarta about the behavior of using computer programs that violate copyright and how the governing law can affect the community.
 The results of this study are understanding of FATWA MUI No. 1/MUNASVII/ MUI/15/2005 concerning IPR Protection does not affect IPR violation behavior.

Perspective of Intellectual Property Rights Related to Copyright in the Scope of Franchise Business

Franchise business is closely related to Intellectual Property Rights. Intellectual Property Rights, especially copyright, are exclusive rights that need to be protected because they are made based on the creativity, ideas, energy, and time of the creator. Legal protection of IPR in the franchise business is carried out to protect related parties from losses and actions that occur outside the franchise agreement. Indonesia itself has accommodated the need for IPR protection or exclusive rights with applicable laws and regulations. These laws and regulations not only protect the rights of the franchisor, but also regulate and protect the rights and obligations of the franchisee. In the international arena, Indonesia also participated in the Forum Agreement Establishing the World Trade Organization (Agreement on the Establishment of the World Trade Organization.

Universally strong IPR protection and global welfare: A market-penetration perspective

Universally strong IPR protection and global welfare: A market-penetration perspective

Copyright and firms’ own IPR protection in a software market: Monopoly versus duopoly

Copyright and firms’ own IPR protection in a software market: Monopoly versus duopoly

An Analysis of Trademark Disputes Between MS Glow and PS Glow

Some time ago there was a dispute between the skincare brands MS Glow and PS Glow. In this dispute, the thing that is disputed is the similarity of the brands of the two products. According to Law No. 20 of 2016 article 1, a mark is a sign that can be displayed graphically in the form of an image, logo, word name, letter, number, color arrangement in the form of 2. (two) dimensions and/or 3 (three) dimensions, sound, hologram, or a combination of 2 (two) or more of these elements to differentiate goods and/or services produced by persons or legal entities in the activity of trading goods and/or services. Furthermore, the article also mentions the matter of trademarks. A trademark is a brand that is used on goods that are traded by a person or several people together or a legal entity to differentiate them from similar goods. Collective Mark is a mark used for trading activities of goods and/or services with the same characteristics which are traded by several persons or legal entities together to differentiate goods and/or services of other types. Trademark rights are a form of IPR protection in which the brand owner registered are given an exclusive right to use their own mark that has been registered for trading activities of goods and/or services, or give permission to other parties to use the mark in question by means of a license. Trademark rights are regulated in Law NO. 20 of 2016 concerning brands and geographical indications.

An analysis of Property Right using the Public Private Law Divide

In previous years, the ambit of “Intellectual Property Rights” has broadened & increased to a point that it now has a significant part into the growth of the world commerce. A number of wealthy nations have by themselves reinforced the legislative structures in this direction since the early 1990s. Many more were on the verge of doing the same. The successful conclusion of the international talks is also important. The “World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) IPR Protection and Enforcement” have been elevated to an extent of a worldwide commitment. The newly emerged world order pertaining to protection of intellectual property rights has advantages and disadvantages. Intellectual Property is a wide field. Its embodiment as “Copyright, Patent, Trademark, and Design” as “Intellectual Property Rights” is quite famous & has been recognized for a long time. Some of the new forms of protection are also coming together, fueled in part by new advances in technology and science related pursuits. This study session gives students a thorough understanding of the numerous types of intellectual property rights, their importance, and commercial implications in today's evolving global public and private laws. Aside from that, the students will be familiarized with the most important international intellectual property instruments and its relation with the public and private laws.

The Nonlinear Relationship between Intellectual Property Protection and Farmers’ Entrepreneurship: An Empirical Analysis Based on CHFS Data

Using data from three rounds of the China Household Finance Survey (CHFS) in 2015, 2017 and 2019, this paper analyzes the impact and mechanism of the action of intellectual property protection on farm household entrepreneurship, based on institutional theory. It is found that: an inverted U-shaped relationship is shown between IPR protection and farm household entrepreneurship, but combined with the results of further research on farm household entrepreneurship performance, there is a positive effect of IPR protection and entrepreneurship performance. This indicates that excessive IPR protection, although limiting the number of entrepreneurship, boosts high-quality entrepreneurship; regional investment plays a mediating role between IPR protection and farm household entrepreneurship; and the results for IP protection and farmer opportunity entrepreneurship are the same as the baseline regression but have no significant effect on farmer initiative entrepreneurship, suggesting that IP protection more often increases farmers’ access to entrepreneurship. The above findings expand the application of “protecting intellectual property is protecting innovation” in farmers’ entrepreneurship and provide ideas for the implementation of intellectual property to promote, enrich and strengthen agriculture.

Do institutional determinants matter for FDI inflows location choice? Evidence from sub-national panel data in India

PurposeThe present paper makes an attempt to investigate the determinants that affect FDI inflows distribution among Indian states. Together with traditional determinants, the impact of institutional determinants on state-level FDI inflows distribution in India has been analysed.Design/methodology/approachThe study uses panel data for a period of 20 years (2000–2019) for 17 groups of Indian states (29 states and 7 UTs). The empirical evidence is based on the panel data method and the findings support Dunning's OLI theory. As the data for some indicators for the institutional environment is not available at the state level, hence we used component analysis to arrive at the single component for the institutional factor. The study takes into account corruption, legal system, industrial disputes, man-days lost, labour availability, political risk, protection of IPR and agglomeration as potential macroeconomic and institutional determinants.FindingsResults show that FDI inflows into Indian states is driven mainly by institutional environment. From our analysis, the author infers that the institutional variables such as legal system, IPR, corruption, political instability play an important role in determining the distribution of FDI inflows at the state level in India. Together with that GFCF and agglomeration are also important determinants of state-wise FDI inflows.Research limitations/implicationsThe major limitation of the study is that it doesn't include moderated impact of economic and institutional determinants of FDI inflows in Indian states, which can be an avenue for future research. Future research can also carried out taking district-level data to further examine the determinants at district level in India.Originality/valueThe contribution of the present paper is three-fold, first, the author constructs a measure of different institutional variables, after normalization of data for the period 2000–2019, and the author choose the highest explaining factor with the highest variance explained then we constructed the indices for select variable, which further has been used in the panel data analysis technique. The author has found that macroeconomic variables, as well as institutional variables, are significant to attract FDI at the state level in India. The paper shows that corruption, political risk, IPR and legal system are the major institutional determinants of FDI inflows in India at the state level. States with higher domestic investment attract more FDI inflows, moreover, agglomeration is a very important determinant as the investors are more confident in investing at the same location, the reason behind this may be that the investors want to avoid the registration procedure for new land, administrative formalities or they feel more secure at the same place and keen to invest at the same place again.

International Intellectual Property Protection under the RCEP Perspective

The Regional Comprehensive Economic Partnership Agreement (RCEP), initiated by ten ASEAN countries, entered into force on 1 January 2022. In this agreement, intellectual property rights are an important chapter of the discourse. The RCEP intellectual property rules cover a large number of international conventions and have a broader scope of rights. In addition, in addition to civil remedies and border measures, the RCEP includes provisions for criminal procedures and penalties for infringement of IPRs. While China's IPR protection system has been improving since it joined WIPO in 1980, RCEP, as the most extensive and advanced IPR rule that China has signed to date, places additional demands on China's IPR protection system. On this basis, this article compares China's existing IPR legislation with the relevant provisions of RCEP, to clarify the significance of RCEP for the development of IPR protection in China.

The impact of intellectual property protection on business performance of high-tech enterprises: The mediating effect of political-business relations

The purpose of this paper is to study the mediating role of political-business relationship in the business efficiency of high-tech firms in terms of intellectual property protection. We find that: the improvement of the quality level of IPR protection implementation environment can promote the growth of business performance benefits; the political-business relationship can have a suppressive effect on the business performance benefits; the level of IPR protection implementation environment quality can promote the business performance benefits of high-tech enterprises under the mediating effect of political-business relationship, but there is a masking effect of this mediating effect.

Leveling Up IPR Protection in Esports: An Analysis of Emerging Issues and Strategies

Leveling Up IPR Protection in Esports: An Analysis of Emerging Issues and Strategies

Intellectual Property Rights and Economic Growth: The Case of Middle Income Developing Countries

Intellectual property (IP) refers to the creation of mind: inventions, literary and artistic works, and symbols, name, and images used in commerce. Intellectual property rights (IPRs) have been widely recognised as a growth enhancing factor for the global economies as a whole. IPRs regime can influence the growth process through domestic and external sector of an economy. This study is primarily concerned with the effects of IPRs regime through external sector. Through different channels IPRs can promote economic growth in the recipient countries. The most important is technology transfer and its positive spillovers. Therefore, IPRs exert economic growth, which requires increase in productivity, increase in productivity requires increase in technological innovation and it requires the efficient protection of IPRs Rapp and Rozek (1990). The IPRs can influence the average growth more effectively in the open economies as compare to the close one Gould and Gruben (1996). Latter on Thompson and Rushing (1999) extended the model and included total factor productivity (TFP) in their growth model, which shows that IPRs have an insignificant impact on TFP for developed and developing countries but a positive and significant impact for the developed countries. To sustain economic growth it requires secured property rights system.

Mapping MNEs in Cuba and barriers to their growth

Very little is known about the investment climate and operations of MNEs in Cuba due to limited data provided by the Cuban government. In this paper, we explore the investment climate in Cuba and identify factors that limit the activities of MNEs. We also assess the impact of the COVID-19 pandemic and the future prospects for MNEs in Cuba. Our research is based on question¬naires and semi-structured interviews in MNEs operating in Cuba. MNEs consider low macroeconomic stability, the impossibility of acquiring real estate, access to financing and the movement of capital, and profit repatriation as the most problematic factors for their business activities. On the other hand, IPR protection, corruption, the skills and education of the available workforce and the availability of electricity were assessed as the least problematic. Less than half of the MNEs interviewed found positive changes con¬cerning the investment climate in Cuba during recent years. This implies limited prospects for economic growth in the near future.