Intellectual Property Rights Research Articles

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

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

Enhancing The Digital Ecosystem and Empowering Community Businesses In Pedurungan Lor Through The Productive Waqf-Based SIWAP

Based on the evaluation of the situation, there are several main problems that require priority handling in the effort to empower the novice community. These problems include limitations in capital, lack of integrated information, promotion, sales, and financial management systems, and lack of knowledge of the potential and challenges faced by Pedurungan Lor Village, Pedurungan District, Semarang. To overcome these challenges, the main objective of the startup community empowerment is to initiate a Productive waqf-based crowdfunding called SIWAP, with the aim of providing access to capital to goat farming groups, tourism village management, and product development from creative business groups in Pedurungan Lor Village. SIWAP will function as a tourism marketplace that not only provides a platform for promotion and sales, but also offers integrated solutions for financial management. The goals of the program include increased capital, turnover, and net profit of the business groups, publication through electronic media and national journals, and video documentation of activities. Additional expected outcomes include the establishment of SIWAP crowdfunding and intellectual property rights protection. The activity plan will include a survey of partner locations, design and creation of the SIWAP crowdfunding platform, training for system users, technology implementation, and regular mentoring and monitoring of the use of the SIWAP system by business groups in Pedurungan Lor Village, Pedurungan District, Semarang.

Analysis of the effects of corporations introduced digital transformation enabling technology using Propensity Score Matching(PSM) and Differences-in- Differences(DID): Focusing on employment, intellectual property rights, and sales

Analysis of the effects of corporations introduced digital transformation enabling technology using Propensity Score Matching(PSM) and Differences-in- Differences(DID): Focusing on employment, intellectual property rights, and sales

담배 제품의 간접광고 금지와 WTO 규정과의 일치성 검토

Purpose: This paper examines whether the ban on indirect tobacco advertising is a potential legal issue under the relevant WTO agreements and explores interpretative solutions. Research design, data, and methodology: In a strict sense, prohibiting brand extension and partnership can be judged as a violation of Articles 15.1 and 15.4 of the Intellectual Property Rights Agreement on Trademark Registration Obligations (hereinafter referred to as the TRIPS Agreement). On the other hand, with Article 20 of the TRIPS Agreement and Article III:4 of the GATT, this study reviewed many aspects of consistency with the provisions of the GATS and TBT agreements. Results: Particular attention should be paid to legal issues related to regional trade agreements (Mega-FTA and investment treaties) or the constitutions of individual countries (freedom of expression), including Korea, and additional legal foundations must be established. Conclusions: This paper finds that governments face fewer legal challenges based on WTO-related trade rules than legal challenges based on regional trade agreements or domestic constitutions. A review of the relevant international trade rules of the WTO does not appear to pose the greatest obstacle to member countries adopting a ban on product placement for tobacco products.

Software Piracy Protection

ABSTRACT : Software piracy has been major issue for software industries. Piracy has become so prevalent over the Internet that poses a major threat to software product companies. With the help of malicious codes and programs, hackers or an intruder can gain access to Software the system and steal the information. Piracy by users is generally believed to harm both software firms(through lower profits) and buying customers (through higher prices).This project is intended to maintain software piracy protection and assures that it is being accessed only by the authenticated users . Software piracy continues to be a significant challenge for developers, with billions of dollars lost annually due to unauthorized distribution and use of copyrighted software. This abstract proposes a comprehensive overview of strategies and innovations aimed at combating software piracy and safeguarding intellectual property rights. The abstract begins by delineating the various forms of software piracy prevalent in today’s digital landscape, including illegal downloads, counterfeit distribution, and unauthorized copying. It highlights the economic ramifications for developers, ranging from revenue loss to diminished innovation incentives. Subsequently, the abstract surveys existing piracy protection measures, such as license key activation, digital rights management (DRM) systems, and encryption techniques. While effective to a certain extent, these traditional methods often face circumvention by sophisticated hackers and crackers. KEYWORDS : Software Piracy, Anti-piracy measures, Piracy prevention, Intellectual property protection, Licence management, Encryption

Protecting India's Traditional Medical Knowledge: Navigating Intellectual Property Rights and Equitable Benefit Sharing

Protecting India's Traditional Medical Knowledge: Navigating Intellectual Property Rights and Equitable Benefit Sharing

KELEMBAGAAN DAN KEWENANGAN PENGADILAN NIAGA TENTANG UPAYA HUKUM KEBERATAN TERHADAP PUTUSAN KOMISI PENGAWAS PERSAINGAN USAHA

Article 24A (5) of the 1945 Constitution regulates the composition, position, membership, and procedural law of the Supreme Court and subordinate judicial bodies. Initially limited to bankruptcy, postponement of debt payment obligations (PKPU), and commercial matters by Law Number 37 of 2004, the jurisdiction of the Commercial Court has expanded through other laws. This expansion raises two key issues: (1) The need for legal remedies for objections to decisions of the Competition Supervisory Commission (KPPU), and (2) The competence of the Commercial Court to address these objections. This research uses a normative juridical method, suggesting that legal remedies for objections to KPPU decisions should be regulated in a separate law, addressing decisions from institutions beyond the judiciary’s jurisdiction. The procedural aspects for contesting KPPU decisions, outlined in Article 45 of the Omnibus Law Number 6 of 2023, should first be determined within the competence of the Commercial Court as regulated by law. The current institutional arrangements and authority of the Commercial Court, as outlined in the Bankruptcy and PKPU Laws and laws on Intellectual Property Rights, should be revised through a dedicated Law on Commercial Courts. This law should define the court's structure, powers, procedural rules, and set time limits and sanctions for case resolution at both the Commercial Court and the Supreme Court.

Способы защиты интеллектуальных прав на современном этапе развития гражданского законодательства

This article presents an analysis of the currently existing methods of protecting subjective rights directly related to intellectual property objects. In particular, jurisdictional and non-jurisdictional forms of intellectual property protection are considered, the authors note the advantages of certain methods of protecting intellectual property rights, criticize the existing legal gaps in their regulation, analyze judicial practice.

Software Protection

ABSTRACT : Software piracy has been major issue for software industries. Piracy has become so prevalent over the Internet that poses a major threat to software product companies. With the help of malicious codes and programs, hackers or an intruder can gain access to Software the system and steal the information. Piracy by users is generally believed to harm both software firms(through lower profits) and buying customers (through higher prices).This project is intended to maintain software piracy protection and assures that it is being accessed only by the authenticated users . Software piracy continues to be a significant challenge for developers, with billions of dollars lost annually due to unauthorized distribution and use of copyrighted software. This abstract proposes a comprehensive overview of strategies and innovations aimed at combating software piracy and safeguarding intellectual property rights. The abstract begins by delineating the various forms of software piracy prevalent in today’s digital landscape, including illegal downloads, counterfeit distribution, and unauthorized copying. It highlights the economic ramifications for developers, ranging from revenue loss to diminished innovation incentives. Subsequently, the abstract surveys existing piracy protection measures, such as license key activation, digital rights management (DRM) systems, and encryption techniques. While effective to a certain extent, these traditional methods often face circumvention by sophisticated hackers and crackers. KEYWORDS : Software Piracy, Anti-piracy measures, Piracy prevention, Intellectual property protection

Promoting Intellectual Property Propaganda Activities in Vocational Education Institutions: An Assessment from a Management Perspective

Along with the comprehensive innovation of Vietnam’s education system, vocational education is positively changing, making great contributions to the country’s education system. Along with the university education system, vocational education is considered a place to create new knowledge and technology; but up to now, the number of applications to establish protection of industrial property rights, especially inventions, still accounts for a low rate; the understanding of education and training staff in vocational education institutions (VEIs) about intellectual property rights is not high. Based on the study of state legal documents on intellectual property rights, this article surveyed 300 people who are managers, teachers, students, and pupils at several educational institutions in Ho Chi Minh City through surveys and interview questions. VEIs do not pay much attention to intellectual property activities in general and intellectual property propaganda activities in particular; there is no long-term plan and policy for implementing intellectual property activities and intellectual property propaganda at VEIs. Based on that reality, and an assessment of the current situation combined with state legal documents, this article proposes some management solutions to promote intellectual property activities and intellectual property propaganda activities in VEIs in near the future.

INTELLECTUAL PROPERTY LAW IN THE PRACTICE OF SUBSURFACE USE

This article is devoted to the study of the relationship of intellectual property rights with the right of subsurface use. In the article, the author made an attempt to reveal the legal nature of geological information, offered his author's vision on the issue of attributing geological information to the number of objects of intellectual property rights. The complexity of obtaining the results of the study lies in the fact that geological information is contained not only in natural media (drill cores, samples of minerals, carbon dioxide, mercaptans, water, samples of rocks and minerals, samples and collections of stone material, slates, anshlifs, mineral solutions and powders). In addition, in the legislation of the Republic of Kazakhstan (hereinafter - RK), the regime of ownership rights is extended to geological information, which is a consequence of insufficient study of geological information as an object of rights. The article shows the relationship of relations in the field of subsoil use with copyright, since many processes are based on the use of computer programs, information systems and other software. In addition, the activities of subsurface users are inextricably linked with inventions – objects of patent law, starting with geological exploration, survey work and ending with mining. The connection between the means of individualization and subsurface users is also obvious, since each subsurface user acts in civil circulation under its own brand name, produces products under a trademark or service mark. In addition, subsoil users often violate the exclusive rights of copyright holders, which leads not only to litigation, but also to losses in the case of the use of counterfeit goods.

The flexibilization of intellectual property rights in cases of health crises: A case study of Brazil in the face of the AIDS and COVID sanitary crises

The flexibilization of intellectual property rights in cases of health crises: A case study of Brazil in the face of the AIDS and COVID sanitary crises

Wargaming v. Blitz Team disputes in Belarus, the US and Cyprus

The gaming industry’s legal landscape has grown increasingly complex, marked by contentious disputes over intellectual property rights. This article delves into the copyright and trademark conflicts in 2019‒2021 between a notable industry player Wargaming and its former employees who founded BlitzTeam, a gaming startup. It explores how Wargaming took legal actions in three jurisdictions: Belarus, the US and Cyprus, analysing the lawsuits and their outcomes. The analysis navigates the intricacies of international law and jurisdictional challenges, shedding light on strategic legal manoeuvres in high-stakes gaming confrontations. Additionally, the article analyses the relevant provisions of Belarus copyright law and applies the eight Sleekcraft test factors to discuss trademark infringement from the US law perspective.

On the form of granting a license to use copyright and related rights objects in certain ways on the Internet

Introduction. The high pace of development of the Internet and globalization of processes necessitate the introduction of new approaches to the regulation of relations in the field of intellectual property. The transition of business to online, the use of the Internet as a tool for advertising and promotion of goods and services, including the use of content of other parties, creates new challenges related to the efficient and, at the same time, legal transfer of intellectual property rights between the parties. The purpose of the paper is to highlight the aspects of national legislation that complicate the transfer of rights to copyright and related rights on the Internet and to find solutions to overcome them by enshrining special rules. Results. The paper reveals the need to introduce an individual approach by adopting special rules to determine the forms of transactions for the disposal of intellectual property rights in respect of certain objects in certain ways. In particular, this applies to granting permission (license) to use copyright and related rights objects in certain ways on the Internet. The paper provides examples of the already implemented individual approach to the regulation of intellectual property rights in the national legislation of Ukraine with regard to certain categories of objects. The author analyzes the forms of transactions enshrined in the legislation, the methods of their execution and the consequences of non-compliance with such forms, namely, the written form, in particular, with regard to transactions on disposal of intellectual property rights. The author recognizes the need to introduce alternative methods of granting permission (license) for the use of copyright and related rights objects on the Internet in order to eliminate formal obstacles, which will simplify the process of making such transactions and meet the needs of users of Internet resources who are interested in distributing user-generated content of others. Conclusion. It is proposed to amend the Law of Ukraine "On Copyright and Related Rights" to establish a new type of transaction on the basis of which intellectual property rights are disposed of, namely, a license for reproduction and interactive provision of access to a copyrighted work or a related work on the Internet, and to define the terms and conditions of such a license and the form (method) of its transfer.

Legal Protection of Intellectual Property Rights in the Digital Era

This research uses a qualitative approach with descriptive-analytical methods to examine the legal protection of intellectual property rights (HMI) in the digital era. The research results show that the legal protection of HMI in the digital era still faces various significant challenges. Even though regulations such as Law Number 28 of 2014 concerning Copyright and Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE) exist, their implementation could be more effective. The leading causes are a need for more public knowledge and awareness about the importance of HMI, as well as limited law enforcement resources and technology. Collaboration between the government and digital platforms needs to be improved, while international cooperation is also crucial in dealing with cross-border HMI violations. This research recommends increasing public education and awareness, strengthening regulations, adopting advanced technology such as AI, closer cooperation with digital platforms, increasing law enforcement capacity and resources, and efficient dispute resolution mechanisms. With a more holistic and integrated approach, HMI protection in the digital era can be significantly improved, providing justice for rights owners and encouraging the development of a healthier and more innovative creative industry.

Urgensi Pengaturan Tindakan Pelarangan Penjualan Produk Hasil Pelanggaran Rahasia Dagang Berdasarkan Perbandingan Undang-Undang Nomor 30 Tahun 2000 Tentang Rahasia Dagang dan Directive (EU) 2016/943

Trade secret is one of the Intellectual Property Rights (IPR) protected by the Law No. 30 Year 2000 on Trade Secrets. However, the Trade Secret Law has not regulated in detail the act of prohibiting the sale of products resulting from trade secret infringement. Therefore, the purpose of this research is to analyse the reasons for the urgency of regulating the act of prohibiting the sale of products resulting from violations of Trade Secrets based on the Trade Secrets Act, and to explore the regulation of temporary determination of the sale of products resulting from violations of Trade Secrets based on the Trade Secrets Act and Directive (EU) 2016/943. This research uses normative law and comparative law methods with descriptive analytical research specifications. The research was conducted by comparing the laws. The data collection technique used is literature review. Based on the results of the research, it is concluded that the provisions of the Trade Secrets Law regarding injunction in Article 11 are still not detailed enough to provide legal certainty. This is different from the case of Directive (EU) 2016/943, which has regulated the provisions of interim injunction quite comprehensively. In this case, Indonesia can use Directive (EU) 2016/943 as one of the references to complete the provisions of the Indonesian Trade Secrets Law.

Balancing Protection of Plant Varieties and Other Public Interests

The interplay between intellectual property rights for new plant varieties and public interests, particularly farmers’ rights, is critically examined within the context of global agricultural practices and Sustainable Development Goals (SDGs). According to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), World Trade Organization (WTO) members shall establish a mechanism to grant effective protection to new plant varieties. There are two typical compliance mechanisms with TRIPS: the model developed by the International Convention for the Protection of New Varieties of Plants (UPOV Convention) and India’s sui generis system. A comparison from the sustainable development perspective is conducted through the textual analysis of the regulations of each model. The results show that the UPOV Convention cannot advance the achievement of Sustainable Development Goals and might have adverse effects. Conversely, India’s sui generis system represents a more balanced approach, addressing the needs of the farmers, the community, and environmental protection alongside those of breeders and benefitting sustainable development. The conclusion advocates for revising the UPOV Convention to incorporate broader concerns, including farmers’ rights and environmental sustainability, to ensure a more equitable approach to the protection of plant varieties.

Legal protection of intellectual property rights in the context of economic globalization: A case study of copyright enforcement in international markets

Intellectual property rights are an important part of intellectual property rights that have a very wide scope of objects. In the era of economic globalization, intellectual property is becoming increasingly important as competition between companies and individuals around the world intensifies. However, there are also challenges that arise in the form of violations of Intellectual Property Rights that pose a serious threat to rights holders. Therefore, the purpose of this study is to determine the legal protection of intellectual Property Rights in the context of economic internationalization. The data collection technique used is a literature study, where relevant data is collected from various related literature sources. Finally, conclusions are drawn to identify important findings from the data analysis that has been carried out. This study can help strengthen theoretical foundations about the role of law in protecting innovation, artwork, and intellectual creation in an ever-changing global economy. This research can also open the door for further research to understand how legal regulation can accommodate rapid and complex global economic developments, as well as foster innovation and inclusive economic sustainability.

Exploration of Critical Skills For Teachers In Digital Literacy Practices Education Program

The increasing penetration of the internet and digital devices significantly impacts learning in technological media. Teachers play an important role in improving their competencies through training programs supported by the government. Dompet Dhuafa's Digital Literacy Education Training for Trainers program aims to improve digital literacy among Sekolah Guru Indonesia (SGI) activists. The program includes training in copywriting, learning video creation, the concept of Society 5.0, and future internet professions. The top five participants' work was certified by the Ministry of Law and Human Rights, highlighting a novel approach as few participants developed strong comprehension and critical thinking skills. This research explores the critical thinking ability of the best participants in the digital literacy program, specifically in creating learning videos that obtain intellectual property rights. The method used was phenomenology, in-depth interviews were conducted with five top participants. The findings of this study revealed three main components affecting the implementation of the program: mastery of critical thinking, lack of mastery of critical thinking, and difficulties in improving participants' critical thinking skills. These results underscore the importance of critical thinking in educational training and the challenges in developing this skill among teachers.

Assessment on Utilization of Instructional Materials among Araling Panlipunan Teachers

This study attempted to determine the level of assessment on the utilization of instructional materials in Araling Panlipunan among secondary school teachers in Misamis Oriental during the School Year 2022-2023. Specifically, this paper sought to: a) describe the respondents' characteristics, b) identify the respondents' level of assessment on the utilization of instructional materials in Araling Panlipunan, and c) determine the significant difference in the respondent's assessment of the utilization of instructional materials when grouped according to their characteristics. The respondents were the one hundred fifty (150) Araling Panlipunan teachers currently teaching in selected High Schools in the Division of Misamis Oriental. The instrument is the questionnaire adapted from DepEd Order No.76, s. 2011 known as “The Learning Resource Management and Development Systems.” Descriptive Statistics such as frequency, percentage, mean, and standard deviation were used to describe the variables in the study. T-test and F-test were utilized to determine the significant difference in the respondent's assessment of the selection and utilization of instructional materials when grouped according to their characteristics. Findings show that respondents in Araling Panlipunan have an above-average level of assessment in utilizing instructional materials. The respondents' assessments of the utilization of instructional materials in Araling Panlipunan were significantly different when grouped by age. It is recommended that DepEd should conduct regular training on the utilization of instructional materials in Araling Panlipunan, orient all teachers concerning Intellectual Property Rights (IPR) related to the production of instructional materials, and train teachers on the alignment of curriculum standards, learning objectives and the designed instructional materials of the teachers.