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  • Protection Of Intellectual Property Rights
  • Protection Of Intellectual Property Rights
  • Intellectual Property Rights
  • Intellectual Property Rights
  • Intellectual Property Protection
  • Intellectual Property Protection
  • Property Rights
  • Property Rights

Articles published on Protection Of Property Rights

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  • Research Article
  • 10.1080/10438599.2026.2653984
Can strong intellectual property rights protection induce an innovator to shirk?
  • Apr 9, 2026
  • Economics of Innovation and New Technology
  • Sugata Marjit + 2 more

ABSTRACT We analyze the relationship between IPR protection and firm R&D investment in the presence of both technological and imitation uncertainties and market frictions. Using a circular model where firms can decide between innovation or imitation, we contribute to the literature by uncovering two effects that explain the non-monotonicity between IPR protection and R&D investment: (i) competition in the R&D race under stronger IPR protection, which is detrimental to firm profits and (ii) the use of innovation to counteract imitation under weaker IPR protection – both of them explain why a moderate IPR protection increases both innovator numbers and their innovation levels. Upon endogenizing a socially optimal IPR protection level, a moderate level of IPR protection is found to be socially optimal. Lastly, we also uncover an inverse relationship between market friction and the socially optimal IPR protection, leading to policy prescriptions.

  • Research Article
  • 10.47268/aiwadthu.v6i1.3515
Introduction to Intellectual Property Rights Protection for Beginner Entrepreneurs in Secondary Education Environments
  • Mar 31, 2026
  • AIWADTHU: Jurnal Pengabdian Hukum
  • Melani Darman + 4 more

Introduction: The development of the business world is no longer solely the domain of adults but is also beginning to be introduced to young people. Several businesses are being started by young people under the age of twenty. This is a very encouraging development and deserves support from all relevant parties. Furthermore, several high schools have begun adding entrepreneurship courses to their curriculum. However, the curriculum certainly does not provide legal knowledge regarding the business world. This leaves a gap that must be filled immediately to prepare aspiring young entrepreneurs to run their businesses. An introduction to the law in starting a business begins with an introduction to intellectual property protection, particularly trademarks and copyrights. These two legal protections are directly related to the business world, both small and large.Purposes of The Devotion: The purpose of this devotion is to provide students with initial knowledge about intellectual property rights and the importance of such protection in the business world.Method of The Devotion: The method used is a presentation of the material followed by a question-and-answer session to provide in-depth understanding. Students are also given pre- and post-tests to gauge their understanding before and after the presentation.Results Main Findings of the Devotion: The results of this community service implementation showed that students were very enthusiastic about listening to the presentation, as indicated by the diverse questions they asked about intellectual property protection. Furthermore, there was an increase in student understanding after being given the presentation on the material.

  • Research Article
  • 10.31548/zemleustriy2026.01.04
Comparison of the real estate registration system of Montenegro and Ukraine
  • Mar 30, 2026
  • Zemleustrìj kadastr ì monìtorìng zemelʹ
  • A Hordieiev + 1 more

This study provides a comprehensive comparative analysis of the state registration systems for real property rights in Ukraine and Montenegro, considering contemporary challenges, trends in decentralization, and digitalization of cadastral and registration processes. The aim of the study was to identify similarities and differences in the legal foundations, organizational structure, and practical functioning of the registration systems in both countries, as well as to evaluate their effectiveness.The research employed general scientific and specialized methods: analysis and synthesis to summarize legislative norms, comparative legal method to identify differences between the Ukrainian and Montenegrin models, systems approach to assess the interaction of cadastral and registration authorities, and structural-functional method to reveal features of the organization of the state land cadastre and the property registry in Montenegro. Content analysis of specialized scientific publications was used, including work dedicated to the maintenance of state surveying in Montenegro. A historical and contemporary analysis of the registration systems in both countries was conducted.The study analyzed the stages of state registration formation, including inventory data, technical inventory bureaus, and modern bodies such as the Ministry of Justice and the State Geocadastre. It identified specifics of maintaining separate registries for land plots, houses, buildings, apartments, unfinished construction objects, and their encumbrances.The development of the Montenegrin system was reviewed, starting from the 1980s, including the transformation of the land cadastre into a unified real estate registration system through the Real Estate Administration. The study highlighted the constitutive nature of property registration, integration of cadastral and registration data, public access via electronic services such as eKatastar and Geoportal, as well as specifics of land geoclassification and legalization of unauthorized construction.Key characteristics of both countries’ systems were compared in tables, reflecting: legal basis of registration, organizational structure, objects and mechanisms of registry maintenance, digitalization, publicity, protection of property rights, and procedures for legalizing unauthorized buildings.The novelty of this study lies in the comprehensive comparison of the two systems in terms of legal effectiveness, digitalization, and protection of property rights. The conclusions of the research can be used to improve the Ukrainian real estate registration model, integrate cadastral and registration processes, and enhance legal certainty, bringing it closer to European standards.Received: 10.12.2025;Accepted:15.01.2026;

  • Research Article
  • 10.31548/zemleustriy2026.01.01
Axiology of Space as a Component of the Modern Theory of Land Use Organization: Value Regimes, Institutions, and Instruments of Spatial Order
  • Mar 30, 2026
  • Zemleustrìj kadastr ì monìtorìng zemelʹ
  • А Martyn + 2 more

The novelty of this study lies in the comprehensive comparison of the two systems in terms of legal effectiveness, digitalization, and protection of property rights. The conclusions of the research can be used to improve the Ukrainian real estate registration model, integrate cadastral and registration processes, and enhance legal certainty, bringing it closer to European standards.The article reveals the axiology of space as a component of the modern theory of land management and as a methodological response to the widespread reduction of space to geometric extension or a resource. It is substantiated that land management decisions always have not only a metric and resource-related dimension, but also a value-normative dimension, since space is a bearer of economic, environmental, social, cultural, security-related, and legal meanings and an arena of their conflicts. The purpose of the study is to conceptualize the theoretical and methodological foundations of the axiology of space in land management, to describe the mechanism of transition from values to institutional and design decisions, and to build a conceptual model of “value regimes of space.” The methodological basis consists of a systematized review of relevant scientific and framework sources, a conceptual analysis of basic categories (value, regime, legitimacy, admissibility), and a typologization of regimes supplemented by operationalization through indicator-metrics suitable for land management analytics. A definition of a value regime is proposed as a stable configuration of priorities закрепленої in institutions and practices, and a typology of regimes is presented (utilitarian-economic; environmental-protective; socially just; cultural-identification; security-related/risk-oriented; legal/procedural) with applied manifestations in land management and a set of quantitative metrics. The problem of commensurability is considered separately: it is shown that the use of a single metric for optimization models is possible only with a transparent distinction between threshold constraints (inadmissibility) and compromise criteria (weighted optimization), which opens the possibility of correct use of mathematical methods and geographic information system modeling in the design of spatial decisions. The practical value of the article lies in forming a categorically and instrumentally coherent framework for substantiating land management decisions as management of the value of space and for increasing the transparency of reconciling “benefit / irreplaceability,” “private interest / common good,” “local / general.”Received: 19.02.2026;Accepted: 03.03.2026;

  • Research Article
  • 10.12972/cudla.2026.15.3
The Retention System as an Exception to Expropriation: The Justiciability of the Refusal of Retention
  • Mar 25, 2026
  • Construction & Urban Development Law Association
  • Junseob Shin

In the process of modern urban development and public interest projects, displacees are increasingly demanding the "retention" of their buildings based on the perspective of "compensation for continued existence," ultimately seeking to maintain their livelihoods or business sites beyond simple monetary compensation. Although the Special Act on Public Housing (Special Act) prescribes a "retention system" as an exception to the exercise of expropriation rights by public interest project implementers, previous discussions primarily focus on economic aspects, such as retention levies. Consequently, legal research regarding the possibility of litigation against the refusal of retention remains insufficient. This study systematically clarifies the legal nature of building retention occurring in the process of public housing district development projects and seeks judicial alternatives to control the arbitrary exercise of expropriation rights by project implementers, even when the requirements for retention are met. Accordingly, the term "retention" is first legally defined as used across various laws and the retention of buildings under the Special Act confirmed to function as a specific "retention system" that serves as an exception to the exercise of expropriation rights. This analysis identifies a structural gap where current precedents deny the administrative dispositivity of refusal of retention applications under the Special Act, thereby leaving the protection of property rights solely to the discretion of the project implementer. This study calls for a shift in the perception of the existing "right to apply" logic as a requirement for recognizing the dispositivity of a refusal of retention. Moreover, since the retention of buildings is not merely a reflective interest but a means of realizing the substantive value of constitutionally guaranteed property rights, judicial control over refusal dispositions must be substantiated to protect fundamental rights. The findings can serve as a legal basis for the rational operation of the building retention system and expansion of the scope of rights remedies for displacees in public housing districts.

  • Research Article
  • 10.25073/2588-1116/vnupam.4564
Commercialization of Intellectual Property Assets as Intangible Cultural Heritage in the Performing Arts by Developing the National Database on Cultural Heritage in Vietnam (A Case Study on the Art of Đờn ca tài tử music and song in southern Vietnam)
  • Mar 25, 2026
  • VNU Journal of Science: Policy and Management Studies
  • Nguyen Do Duy Quan

Abstract: In the context of digital transformation, the cultural heritage sector is implementing digitization activities and establishing digital databases of intangible cultural heritage to serve the purposes of conservation, the promotion of heritage values, and the creation of momentum for the development of cultural industries. However, existing gaps in current intellectual property laws have posed obstacles to the commercialization of digital heritage. Adopting a systemic approach and intellectual property management, this study identifies opportunities and solutions for the commercialization of digital intangible heritage in the performing arts, using the case of the Art of Đờn ca tài tử music and song base on develope national database on cultural heritage. The research also utilizes primary data from surveys of users of digital heritage formats and management entities, demonstrating that constructing an exploitation management model grounded in intellectual property rights protection, with stakeholder coordination, will unlock opportunities to foster cultural industries and effectively commercialize digital heritage. Keywords: Commercialization, Intellectual Property Assets, Intangible Cultural Heritage, National Database on Cultural Heritage, Art of Đờn ca tài tử music and song in southern Viet Nam.

  • Research Article
  • 10.53955/jhcls.v6i1.893
Legal Challenges and Policy Implications for Property Rights Protection in Uzbekistan
  • Mar 24, 2026
  • Journal of Human Rights, Culture and Legal System
  • Bakhromjon Rakhimjonovich Topildiev + 4 more

Property rights protection in Uzbekistan has been supported by various legal policies and institutional frameworks; however, its practical effectiveness remains limited. This study aims to examine the underlying causes of these deficiencies, particularly focusing on the lack of doctrinal clarity, inconsistent categorization of legal remedies, and disparities in judicial practices, especially in compensation disputes and land acquisition cases. The research employs a normative legal methodology, incorporating legislative, conceptual, historical, case-based, and comparative approaches to provide a comprehensive analysis. The findings indicate that Article 164 of the Civil Code establishes a solid normative basis by recognizing the rights to own, use, manage, and protect property. Nevertheless, the historical evolution of the legal system, shaped by Islamic and customary traditions, Soviet-era state control, and post-independence reforms, has contributed to persistent inconsistencies in judicial application. The study further identifies key challenges in determining ownership, distinguishing between proprietary and obligational claims, and ensuring uniformity in judicial decisions related to compensation and public interest. Comparative insights demonstrate the importance of coherent legal interpretation, precise legal definitions, and transparent remedial mechanisms. This study concludes that strengthening the legal framework and promoting consistent judicial enforcement are essential to ensuring effective and reliable property rights protection in Uzbekistan.

  • Research Article
  • 10.17323/2072-8166.2026.1.81.111
The Legal Concept of Performative Copyright
  • Mar 24, 2026
  • Law. Journal of the Higher School of Economics
  • Ruslan A Budnik

The advancement of neural networks in developing technologies for generating information objects rooted in humanity’s scientific and artistic heritage has intensified scholarly debate regarding the nature of computer-generated products, their eligibility for copyright protection, and the rightful ownership of such copyrights. This issue is exacerbated by the sociocultural landscape becoming inundated with an unbounded quantity of content artifacts characterized by ambiguous legal statuses. Such saturation adversely affects the efficacy of intellectual property rights protection for human authors and impedes their capacity to utilize publicly accessible information for creative endeavors. The article critically examines the feasibility of automatic copyright protection amid the extensive generation of quasi-creative forms. The analysis centers on the legal conditions under which the creator of a generated artifact qualifies as a competent subject and the neural network-generated output qualifies as a protected work. It scrutinizes the legal capacity of claimants asserting authorship alongside the protectability of the alleged works in accordance with intellectual property doctrine criteria. The primary objective is to enhance the copyright acquisition mechanism to fulfill the institution’s goals within the emergent technological paradigm. The study introduces the concept of performative authorship, advocating for replacing the prevailing principle of automatic protection with a formal registration procedure for copyright conferral. A verification process is proposed for assessing the author’s legal capacity against defined criteria. Legal attributes distinguishing potentially protectable content generation outcomes from those disqualified as protected works are delineated. The paper hypothesizes and substantiates that the creative act evidences an inherently human inseparability of intellect and coordinated motor activity, culminating in the manifestation of a work in tangible form — a phenomenon defined here as the objectivation motor activity of creativity. The conclusion advocates broadening the doctrinal aims of copyright law to include the protection of the human author as an additional institutional objective.

  • Research Article
  • 10.18699/ssmj20260114
Analysis of trends in patenting and protection of intellectual property rights for medicines in the Eurasian Economic Union
  • Mar 19, 2026
  • Сибирский научный медицинский журнал
  • K N Sorokina + 2 more

The harmonization of legislation in the Eurasian Economic Union (EAEU) creates a single market for medicines, which requires the unification of intellectual property rights protection. The purpose of this work was to analyze trends in patenting and intellectual property rights protection in the EAEU and, in particular, for the Russian Federation, as the largest market for medicines. Material and methods . An analysis of 311 patents from the Pharmaceutical Register of the Eurasian Patent Office (EAPO) for 1996–2025 was performed. Principal component analysis and k-means clustering methods were used for the analysis. Results and discussion . The dominance of foreign companies (USA and EU, 94.2% in total) in the structure of EAPO patents in the EAEU has been established. The majority of patents cover drugs for the treatment of cancer, HIV infection and type 2 diabetes. The principal component analysis revealed statistically significant differences in the terms of patent protection before and after 2025. Using cluster analysis, three groups of drugs were identified by patent expiration dates and indications for use; it was revealed that the expiration of patent protection for medicines for the treatment of socially significant diseases is expected in the period 2029–2032. Conclusions . The study confirms the dominance of foreign EAPO patents in the EAEU market, but identifies opportunities for local manufacturers due to the upcoming expiration of numerous patents. The introduction of a “patent linkage” mechanism is necessary for further harmonization at the EAEU level, especially for the protection of biosimilar and biotechnological drugs, and for the more effective development of the common pharmaceutical market.

  • Research Article
  • 10.38133/cnulawreview.2026.46.1.97
디지털 대상의 상속에 관한 소고 - 디지털 대상의 유형화 및 상속 체계 개선안 마련을 중심으로
  • Feb 28, 2026
  • Institute for Legal Studies Chonnam National University
  • Ohsang Kwon

In modern society, the use of the Internet has become commonplace, and it has become inevitable for data subjects to leave traces online. However, when the data subject dies, there is still no clear procedure and method for whether the digital trace left by him is inherited. In this study, we reviewed whether digital objects are inherited and the improvement plan for the digital inheritance system. First, we looked at the comprehensive succession principles stipulated in Article 1005 of the Civil Code, and confirmed that it is important to determine whether or not it belongs to a personal entity along with its property value. In addition, for the convenience of discussion, digital objects were divided into digital assets with clear property value and digital records with low or ambiguous property value. This is because the interests of heirs and heirs can be effectively controlled by focusing more on protecting property rights in digital assets and personal rights in digital records. Next, we looked at domestic discussions and foreign legislation on the inheritance of digital objects. In particular, in the case of the United States and Germany, the inheritance of digital objects is basically affirmed. Since there is no reason to treat offline fluids and digital objects left by the heir differently, it is reasonable to assume that digital objects are also subject to inheritance in principle. In recognizing the inheritance of digital objects, it is necessary to clarify from the perspective of legal interpretation that digital objects are also subject to inheritance in the main text of Article 1005 of the Civil Code, and in digital records related to the heir's moral rights, only access rights (access rights) are allowed to the heir, and the Personal Information Protection Act or Communication Secret Protection Act needs to be revised to eliminate the risk of law violations by information and communication service providers. Through these measures, it is necessary to establish a digital inheritance system and actively respond to it in the rapidly changing digital environment.

  • Research Article
  • 10.4314/ijdmr.v21i1.4
Foreign private capital inflows and economic growth in Tanzania: A cointegration and vector error-correction analysis, 1990–2023
  • Feb 16, 2026
  • International Journal of Development and Management Review
  • Beston Musa Musoma + 2 more

Foreign private capital inflows (FPCI) remain a contested driver of economic growth in developing economies, with collected evidence yielding heterogeneous results across contexts and methodologies. This study considers the dynamic relationship between FPCI and economic growth in Tanzania over the period 1990-2023, clearly accounting for institutional quality as a moderating factor. Employing annual time-series data and a comprehensive econometric framework that combines Johansen cointegration analysis, vector error-correction modelling (VECM), vector autoregression (VAR), and Granger causality tests, we address critical methodological challenges, including non-stationarity, endogeneity, and structural breaks. FPCI was measured using data from the Bank for International Settlements and UNCTAD, expressed in constant 2020 prices, while institutional quality was assessed using a composite index from Worldwide Governance Indicators. Our study reveals a statistically significant long-run elasticity of 0.42, indicating that a one per cent increase in FPCI is associated with a 0.42 per cent increase in GDP, with effects materialising over a two-year adjustment period. Short-run dynamics exhibit positive but attenuated effects (elasticity = 0.23) and an error-correction coefficient of -0.56, denoting a moderate adjustment speed toward the long-run equilibrium. Critically, institutional quality significantly moderates this relationship, with each one-standard-deviation improvement in governance indicators increasing the growth impact of FPCI by approximately 0.08 percentage points. Structural break analysis verifies that the 2007 Investment Act reform enhanced the effectiveness of FPCI, with post-reform elasticity (0.46) exceeding pre-reform estimates (0.36). These findings stress the importance of complementary institutional reforms, particularly in property rights protection, regulatory quality, and corruption control, to maximise the developmental benefits of foreign capital inflows. Policy implications emphasise strengthening governance, targeting sector-specific investment, and persistent monitoring of distributional outcomes to ensure fair and long-term growth.

  • Research Article
  • 10.65393/iwzh7736
EQUITY DIMENTIONS OF PHARMACEUTICAL PATENT PROTECTION IN INDIA
  • Feb 3, 2026
  • Indian Journal of Legal Review
  • K Archana

‘Human health or Intellectual Property Rights protection?’ is one of the highly debated issues of the world in the last few decades. While health is a fundamental human right indispensable for the exercise of other human rights, protection of intellectual property rights is considered as the essential booster for the innovators to invent. Starting from the Universal Declaration of Human Rights, 1948, number of International Covenants, Treaties relating to human rights recognize right to health is a basic human right. However, study reports indicate that despite progress made in the last few decades, millions of the people in the developing countries, including India do not have access to medicines. With the advent of Trade-Related Aspects of Intellectual Property Rights (TRIPS), the Patent regime of many countries, including India has changed from process patenting to product patenting and resulted in denial of access to essential medicines to the poor segments of the society. it is argued that the changes incorporated to the patent system of India directly impacted the right to health of the people of India. In this background, this paper attempts to analyze the provisions of Patent law on pharma Patent in India to examine whether right to health and patent rights, specifically, the pharmaceutical patentees rights are adequately balanced in India. Keywords: Intellectual Property Right, Pharma Patent, Right to health, TRIPS Agreement

  • Research Article
  • 10.24144/2307-3322.2025.92.5.18
Particularities of the European Court of Human Rights’ practice regarding social protection
  • Jan 31, 2026
  • Uzhhorod National University Herald. Series: Law
  • N.S Horobets + 1 more

The article is devoted to defining the substance, approaches, and trends in the case law of the European Court of Human Rights (hereinafter – the ECtHR) in the field of social protection, as well as its influence on the formation of national policy and law enforcement practices in the member states of the Council of Europe. The meaning of the category “social,” which forms the basis for understanding social rights, is clarified. It is determined that social rights are second-generation rights that encompass healthcare, housing, social security, education, and an adequate standard of living. These rights regulate key social relations, constitute the foundation of human existence, and define the essence of the functioning of a social and rule-of-law state. It has been found that, although the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter – the Convention) does not directly guarantee social rights, the practice of the ECtHR demonstrates the possibility of their protection through the interpretation of provisions on the right to life, property, non-discrimination, and effective legal remedies. Special attention is paid to the protection of property rights in the sphere of social benefits. It has been established that, according to the legal position of the ECtHR, social benefits can be regarded as «property» subject to protection. Key ECtHR decisions concerning social benefits, non-discrimination on the grounds of gender, age, social or national origin, and the practice of positive discrimination regarding pension and social benefits are presented. The article also separately examines ECtHR precedents regarding the application of Article 3 of the Convention in the context of ensuring an adequate level of medical care and decent conditions of detention as an aspect of social protection, as well as the interconnection of social rights with political freedoms and other human rights. It has been concluded that the ECtHR establishes pan-European standards for the realization of social rights, while allowing states a certain discretion in determining specific mechanisms of social policy, but at the same time monitors the impermissibility of arbitrary or discriminatory restrictions. In Ukraine, the implementation of ECtHR decisions through legislation and judicial practice contributes to harmonizing the national system with European standards and strengthening the effective protection of citizens’ social rights.

  • Research Article
  • 10.1177/07388942251413946
Appeal to a higher power: How indigenous–migrant conflict over property rights shapes state capacity
  • Jan 28, 2026
  • Conflict Management and Peace Science
  • Harunobu Saijo

Ethnic conflicts over land often coincide with statebuilding efforts. How do such conflicts shape state capacity? When migrants face threats to their property rights from indigenous groups, they are more likely to cooperate with state enumeration in return for property rights protection, especially if such threats to migrant property rights outweigh potential threats from the state, such as expropriation and taxation. This proposition is tested with demographic data from the 1940 Manchukuo Census disaggregated across ethnic groups and an illustrative village-level comparative case study. I find evidence consistent with theory in the case of Han Chinese settlement into Mongol Lands.

  • Research Article
  • 10.30525/2256-0742/2026-12-1-100-107
THE ECONOMIC FUNCTION OF CIVIL JUSTICE: THE RELATIONSHIP BETWEEN CIVIL LAW, CIVIL PROCESS, AND MARKET EFFICIENCY
  • Jan 26, 2026
  • Baltic Journal of Economic Studies
  • Nelli Golubeva + 2 more

The efficacy of civil justice is predicated on its role as the cornerstone of a market economy, yet it must be noted that it does not proffer a tangible mechanism for the protection of violated rights. Furthermore, it fosters the stability of economic circulation and establishes the prerequisites for predictable entrepreneurial activity. The accessibility and effectiveness of justice have been demonstrated to have a significant impact on the ability of businesses and citizens to realise their economic interests, attract capital, conclude contracts and develop innovations. Conversely, the inefficiency of the judicial system, the delay in proceedings, the inconsistency of decisions, and high procedural costs generate economic risks, market costs and increased economic growth, which leads to a decrease in investment attractiveness, an increase in conditions for entrepreneurship and an increase in the level of shadow economy. In contemporary conditions, especially for countries undergoing structural reforms or in the process of recovery, enhancing the efficiency of civil justice has become a strategic component of economic policy. This comprehensive study of the economic function of civil justice is necessary for the decision-making process aimed at modernising the judicial system, strengthening public trust and ensuring sustainable market development. The research methodology under scrutiny comprises a range of methods, including the comparative law method, the method of economic and legal analysis, the method of analysis, the empirical method and the inductive-deductive method. The article is devoted to the study of the economic function of civil justice and the analysis of the relationship between civil law, civil process and the efficiency of the market economy. The importance of a high-quality system for resolving private law disputes as an institutional basis for the development of entrepreneurship, the attraction of investments, the stability of the financial sector and the reduction of transaction costs is demonstrated. The findings of this study substantiate the hypothesis that predictability and solvency of court decisions, proper protection of property rights and effective fulfilment of obligations ensure the formation of confidence in economic growth. In this paper, it is proposed that civil justice should be considered a key element of market infrastructure, insofar as it determines the balance between private autonomy and state regulation.

  • Research Article
  • 10.62567/micjo.v3i1.1609
EFFORTS TO RECOVER ASSETS FROM CORRUPTION CRIMES THROUGH OPTIMIZATION OF LEGISLATION IN INDONESIA AND A REVIEW OF THE DRAFT LAW ON ASSET FORFEITURE
  • Jan 15, 2026
  • Multidisciplinary Indonesian Center Journal (MICJO)
  • Irwan Triadi + 1 more

Corruption, as an organized and transnational crime, demands a more effective asset recovery mechanism than the conventional criminal approach currently applied in Indonesia. The limitations of criminal law instruments in tracing, confiscating, and repatriating assets that have been transferred, concealed, or placed outside national jurisdiction form the central background for the urgency of the Asset Forfeiture Bill. This study aims to analyze the concept of asset forfeiture for corruption cases through the non-conviction based forfeiture mechanism and assess the alignment of the Asset Forfeiture Bill with international standards, particularly the UNCAC. The research employs a normative legal method through an examination of legislation, academic literature, international documents, and comparative best practices. The findings indicate that the Bill introduces a new enforcement paradigm through in rem procedures, an integrated asset-tracing system, civil judicial control, and transparent asset management. The discussion reveals that although the Bill has significant potential to enhance state asset recovery, its implementation requires strengthened evidentiary standards, protection of property rights, and improved inter-agency coordination. The study concludes that the Asset Forfeiture Bill represents a strategic instrument for improving the effectiveness of anti-corruption efforts, yet its success depends on procedural safeguards, transparency in asset administration, and the institutional capacity of law enforcement bodies.

  • Research Article
  • 10.1017/mor.2025.10113
Winner-take-all in International Markets? Performance Persistence of Social Platforms
  • Jan 15, 2026
  • Management and Organization Review
  • Yang Yang + 3 more

Abstract Strategy research has long linked sustained competitive advantage to barriers to imitation. We highlight network effects as an alternative mechanism and adopt a geotemporal perspective to theorize how firms sustain advantage as it unfolds over time in international markets. Our study examines this question through the performance persistence of social platforms, focusing on how institutional and demand-side conditions shape the sustainability of platforms’ competitive advantages. We propose that intellectual property rights protection may restrict the degree of freedom in information dissemination, dampening the role of network effects in sustaining superior performance, whilst demand heterogeneity may enhance the value of sizable network membership for information consumption. Evidence from a cross-country dataset of platforms supports these predictions. These findings enrich our understanding of how geographic variations shape the endurance of a platform’s competitive advantage over time, offering implications for both global strategy and platform governance.

  • Research Article
  • 10.16925/2357-5891.2026.01.01
Protection of property rights in online gaming accounts
  • Jan 13, 2026
  • DIXI
  • Oksana Zalizko + 4 more

This paper considers the issue of users’ rights protection, namely regarding the users of online games. Nowadays, the rules for using online gaming accounts are prescribed by the license agreements, which are mandatory for everyone who wants to get access to digital service. However, such agreements oftentimes break the users’ rights, giving large possibilities for providers who are openly abusing users. One of the ways to protect rights of users of online gaming accounts is to recognize their property rights regarding the in-game items. This approach is highly debatable, but there are arguments in favor of such. This paper is focusing on the status of online gaming accounts and in-game items as digital assets and looks into the possibility to extend property rights to these objects. Current issues regarding the rights and interests of users in relation to virtual world providers are also discussed, as well as the current regulatory landscape for digital assets, including online gaming accounts, which is briefly reviewed.

  • Research Article
  • Cite Count Icon 1
  • 10.2139/ssrn.6271419
Activities of The Customs Administration For Protecting The Intellectual Property Rights
  • Jan 1, 2026
  • SSRN Electronic Journal
  • Emilija Gjorgjioska

Activities of The Customs Administration For Protecting The Intellectual Property Rights

  • Research Article
  • 10.56293/ijmsssr.2026.6010
Reformulation of the Regulation of Judges Decisions on the Confiscation of Private Legal Entity Assets by the State from the Perspective of Pancasila Justice
  • Jan 1, 2026
  • International Journal of Management Studies and Social Science Research
  • Ramlin Ahmad + 3 more

Legal protection for the entire Indonesian nation through legal instruments is an absolute thing that must be realized, because there is no meaning in protecting the entire nation and the bloodshed of Indonesia if there is still injustice felt by society due to law enforcement that is not based on legal instruments that do not rely on values. justice. The existence of law in society cannot actually be interpreted as a means of ordering people's lives, but can also be used as a means of changing the mindset and behavior patterns of citizens. In order for the evidentiary process to run smoothly and produce correct facts, the panel of judges and prosecutors will present evidence that is related and necessary for a criminal act whose truth is to be proven. Evidence from a criminal act of corruption is the object of an offense that has been committed, for example evidence resulting from a criminal act of corruption such as cars, electronic devices, houses, land and other valuable assets resulting from a criminal act of corruption is returned to the state. The main objective of tracking evidence resulting from embezzlement and money laundering is to return it to the rightful party or the party who suffered the loss, but in the case of a criminal act of embezzlement and money laundering committed by PT First Travel, all assets as evidence are confiscated by the State in their entirety. As a state of law, the government should be able to uphold legal efforts aimed at ensuring legal certainty and justice for victims so that the benefits of law in society are fulfilled. The type of research used in this paper is Normative Juridical Law research. Normative Juridical Law Research is a research method conducted by analyzing legal issues regarding the regulation of judges' decisions, weaknesses related to the regulation of judges' decisions and the reconstruction of regulations regarding judges' decisions in cases of private legal entity assets seized by the state based on justice values based on norms, principles, and applicable laws and regulations. This research is also known as a library approach, because it is conducted by studying books, laws and regulations, and other documents related to the research. Article 39 of the Criminal Procedure Code (KUHAP) states that items obtained from criminal acts or used in criminal acts can be confiscated. However, the principles and values of Pancasila Justice as a legal basis require that asset confiscation not only be based on the Criminal Procedure Code, but must also consider the rights of victims, justice, legal certainty, and legal benefits for all parties involved. This needs to be done by strengthening the protection of property rights and evaluating the relevance of confiscation by the state through fair, transparent, and accountable methods, as well as paying attention to justice for victims and efforts to restore them through more equitable legal steps.

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