Role Of Intellectual Property Rights Research Articles

Exploring indigenous intellectual property rights and e-governance: a legal analysis of customary aboriginal knowhow in Arunachal Pradesh, India

The research study examines the legal protection of clan-based aboriginal healing processes, handicrafts, and unique creative works, which have been undermined from the ab initio. The government should shield the interests of their customary know-how under the IPR approach and community-based legal shields and documentation in the e-database. The research aims to investigate conventional aboriginal know-how practices of the Galo clan and e-governance meadow relating to the CAK issue and recommend lawful aspects. The researchers surveyed and collected information from 46 houses in Aalo town, Darka village, and Kabu village in West Siang District and Basar District in Arunachal Pradesh, the primary sources. The paper reports on findings from a study conducted in Arunachal Pradesh, India, to assess attitudes towards customary Aboriginal know-how (CAK) and its conservation. The survey demonstrates multiple views regarding the significance of safeguarding CAK through intellectual property rights (IPR) laws, traditional knowledge's role in socio-economic development, and whether e-governance can effectively help preserve CAK. In conclusion, a delicate balance must be between preserving traditional Galo practices and embracing modernity. A structured survey questionnaire collects quantitative data on attitudes, perceptions, and practices related to customary aboriginal know-how (CAK) conservation and legal protection. The questionnaire includes closed-ended questions to elicit specific responses from the informants regarding their views on safeguarding CAK, the role of intellectual property rights (IPR) laws, and the potential of e-governance in preserving CAK.

Deconstructing Intellectual Property Rights in Fanfiction: A Case Study on Copyright Protection and Moral Rights

The protection of intellectual property rights serves to safeguard the interests of creators by granting them exclusive ownership rights over their creative works. Copyright includes both ethical rights and financial rights. Fanfiction is safeguarded by copyright, which is a form of intellectual property rights. This article presents a case study examining the role of Intellectual Property Rights and Moral Rights in the context of Fanfiction with Normative Legal Research. The fair use doctrine, as implicitly articulated in Article 44, paragraph (1) of the IPR Act of Indonesia and comparation with another regulation, is encompassed within this category. Furthermore, the considerable similarity test is utilized to assess the degree to which similarities and actuality exist in the work. The pattern test entails the analysis of the narrative structure and overall depiction. Finally, the feel and total idea test is employed to assess the essence and attributes of the writing, as well as the implementation of parallels in narrative themes. The establishment of legislation concerning Fanfiction is of utmost importance in order to delineate distinct boundaries between creative pursuits and legal violations. Ensuring the protection of novelists and amateur writers who have a profound emotional attachment to the narratives they have encountered is of utmost importance, as it cultivates their propensity to generate alternative stories.

Million dollar baby -A primer on film finance practices in the U.S. movie industry

ABSTRACT This article summarises standard film financing practices for the production and distribution of new content over the past 30 years using a mixed-methods approach. It takes the U.S. movie industry as a case in point to study how excess risk and uncertainty in the financing of new projects are processed and managed by private-sector, entities as well as what market-based solutions have been developed to prevent market failure. The research has wide-ranging implications for other creative industries and their use of intangible assets in creative content finance. In particular, it discusses the prominent role of intellectual property rights in financial transactions in the U.S. audiovisual sector and the ability of the industry to leverage funds through the strategic use of its IP assets. The research findings are based on a series of semi-structured interviews, commissioned expert memoranda, and a dedicated panel of selected industry experts. In addition, using novel data from Uniform Commercial Code filings and official IP registers, we conduct exploratory analysis and provide descriptive evidence on the use of credit and intangible collateral as well as the industry diffusion of such practices. In light of the digital transformation of the industry, this research also documents industry trends and recent changes in U.S. film financing and provides an alternative explanation for the surge in new titles. Finally, we outline generic policy options for improving the financing environment for new films in the United States. The results could help to inform the larger debate on IP-backed finance and the strategic use of intangible assets in content industries.

Trademark Law in the Digital Age: Challenges and Solutions for Online Brand Protection

Trademark law faces new challenges in the digital age, particularly concerning the protection of brands online. This article examines the evolving landscape of trademark law in the digital era, focusing on the challenges and solutions for online brand protection. Employing qualitative methods such as literature review with library research, the study explores the impact of digital technologies, e-commerce platforms, and social media on trademark infringement and counterfeiting. It analyzes the legal frameworks and case law surrounding trademark protection in online environments, considering issues such as domain name disputes, keyword advertising, and the sale of counterfeit goods on online marketplaces. Furthermore, the paper investigates the role of intellectual property rights enforcement agencies, internet service providers, and online platforms in combating online trademark infringement. It also examines emerging trends in trademark law, including the use of artificial intelligence and blockchain technology for brand protection. Through a comprehensive review of legal literature and case studies, this article identifies best practices and legal strategies for enhancing online brand protection in the digital age. It emphasizes the importance of international cooperation, public-private partnerships, and legislative reforms to address the challenges posed by online trademark infringement effectively.

Knowledge accumulation at the regional level and the role of intellectual property rights

ABSTRACT There has been a growing debate on the role of intellectual property rights (IPR) in the accumulation of knowledge and more recently on the role they play in ensuring long-term economic growth by supporting knowledge creation and expansion, incentivizing investment in R&D and innovation. This research aims to reveal the effects of industrial property rights on regional economic development in Turkey. In addition, and recognizing the heterogeneity across regions within the same country, we conduct the analysis with a caveat, by differentiating the effect across developed and developing regions. Our results suggest that industrial property rights have played a dual role, first by promoting the effort on investment in innovation activities measured as R&D intensity, and the amount of R&D employees, and second, by contributing to economic development. However, the impact differs between developed and developing regions.

Intellectual property as a blind spot in the UNESCO Convention for the safeguarding of the intangible cultural heritage

ABSTRACT In this article we explore the use of Intellectual Property Rights (IPRs) in the implementation of the Convention for the Safeguarding of the Intangible Cultural Heritage. In retracing the ambiguous role accorded to IPRs since the drafting of the Convention and considering the practice of the Organs of the Convention, we highlight discrepancies in the decisions and debates of the Intergovernmental Committee for the Safeguarding of the Intangible Cultural Heritage vis-à-vis IPRs. Drawing on our own anthropological and legal perspectives, we shed light on the fragmentation of different disciplinary standpoints and specialist knowledge in the practice of the Organs of the Convention, revealing how observed inconsistencies in the role of IPRs are neither acknowledged nor addressed. This makes the issue of IPRs a blind spot. Yet, ‘working misunderstandings’ facilitate rather than hinder successful interaction among the many players within the Convention, allowing different, and sometimes contradictory, stances to imperfectly coexist.

Resolving the patents paradox in the era of COVID-19 and climate change: Towards a patents taxonomy

This paper revisits the patents debate and considers the role of intellectual property rights and their impact on society in the context of inventions designed to protect global common pool resources (CPRs) such as public health and the environment. A review of the theoretical and empirical literature suggests that there has never been a clear consensus among researchers on the benefits of the patent system and intellectual property rights. As Robinson notes, “The patent system introduces some of the greatest of the complexities in the capitalist rules of the game and leads to many anomalies.” We explore these anomalies by specifying a taxonomy of patents for different classes of inventions, including inventions to protect CPRs. This includes vaccines and inventions that reduce externalities, such as, CFC gases and greenhouse gas emissions. In these instances, the effectiveness of innovations depends critically on rapid global diffusion. Our theoretical analysis utilises Ostrom's CPR dilemma to analyse the complexities surrounding innovation and CPRs.We find that the effectiveness of innovations to protect CPRs depends on industrial characteristics and the wider regulatory environment. Empirical evidence is brought to bear on these conclusions via 2 case studies that each embodies a natural experiment; one on vaccines pre- and post-TRIPS and one on environmental technologies to reduce CFC gases and CO2 emissions with and without an agreed UN Protocol. The insights gained are explored in our policy section. Our analysis suggests the need for a more nuanced approach to patent policy that is embedded in the wider context of innovation systems and takes account of the anomalies raised by CPRs. For CPR protecting innovations subject to positive network externalities, we advocate that policy should prioritise diffusion over private incentives for R&D and use alternative policies to patents to stimulate investment in R&D.

Role of IPR (Intellectual Property Rights) in Fashion Designing Industry: A Quantitative Investigation

Role of IPR (Intellectual Property Rights) in Fashion Designing Industry: A Quantitative Investigation

Role of IPR (Intellectual Property Rights) in IT Firms in India: An Empirical Study of Experts opinion

Role of IPR (Intellectual Property Rights) in IT Firms in India: An Empirical Study of Experts opinion

Global Health Technologies Transforming Intellectual Property Law and World Trade

<img src=” https://s3.amazonaws.com/production.scholastica/article/57587/large/prnano_882022_fig.1.jpg?1670863395”> The nano-enabled technology of 3D printing for medical devices presents a dynamic new avenue for meeting patient needs. 3D-printers can generate food, soaps, cosmetics, body parts, metal devices, or medicines. This technology enables continuity of health care delivery despite disruptive breaks in any supply chain due to war, shortage or broken lines of distribution due to pandemic force majeure. Featuring custom tailored attributes for each device, economic efficiency by eliminating transport costs during emergencies, avoiding issues of distribution supply chains and offering biocompatibility, 3D printed medical devices during the Covid-19 pandemic offered a very attractive alternative to enduring medical supply shortages worldwide. Beyond the covid-19 pandemic exigencies, 3D printed medical devices promise custom tailored meals to meet medical needs that are unique for each patient’s metabolism and a wide variety of tools for patient care that will change the shape of global commerce . 3D printing offers the alluring promise of biocompatible medical devices, matching any patient’s unique anatomy, by using a specific patient’s imaging data or by using a standard design to make multiple identical copies of the same device, but without delays for transport or shipping and insurance costs. The global health impact of these efforts, from the standpoint of patient safety and overall deterrence of unnecessary or unsafe medical practices remains unclear due to the dearth of regulation and monitoring. Furthermore, the reality that commerce can reduce or eliminate transport costs and storage costs associated with shipping can change international trade. Yet, 3D printing simultaneously offers great promise to meet challenges arising from the arcane role of intellectual property rights (IPR) in shaping the creation and transfer of nanomedicines and nanotechnologies to attain health equity and meet universal needs of health for all. These millennial technological changes may permanently alter how civil society does business for global health.

The Role of Intellectual Property Rights in the Technological Age

Abstract The last two decades have seen a huge technological development, also known as the technology explosion, making it easier for anyone to access any kind of information, including of course intellectual property, anywhere in the world, and this has created new challenges for the protection of intellectual property. But nowadays, technology not only allows access to any work of authorship or invention, it is also capable of creating works of authorship or inventions itself, leading legal scholars to debate whether works created by technology can be protected if they are not human‐made. As is well known, almost all national laws only recognise an author or inventor if it is a human‐made work, but what about a painting or invention created by artificial intelligence? Are such works becoming vulnerable and freely available to everyone today? The methodological basis of this article is based on general scientific approaches (analysis and synthesis, deduction and induction, comparison, analogy and a systemic and structural‐functional approach). The article also draws on court decisions, legislation, legal literature, publications and doctrine. Conclusions are drawn using the method of scientific induction and deduction. The aim of this article is to explain the importance of intellectual property protection in today's technological age, where intellectual property can be created not only by people but also by technology.

The role of intellectual property rights' protection in advancing development in South Africa

Notwithstanding some debate, intellectual property remains a necessary tool for social, cultural, economic, and technological development in the 21st century. In this century, the global economy is driven by knowledge and technology, and the market is increasingly recognising intellectual property as a valuable commercial asset and a force for technological innovation. South Africa, among other countries, recognises the role of intellectual property rights in several policy measures related to development, trade, and industrialisation. This article seeks to highlight the significant role of intellectual property rights protection in advancing social, economic, technological, and cultural development in South Africa.

The impact of intellectual property rights protection on low-carbon trade and foreign direct investments

Climate negotiations on low-carbon technology transfer have largely revolved around the role of intellectual property rights (IPR). Some countries consider a strong IPR regime to be a necessary condition for technology transfer, while others argue that it limits developing countries' access to affordable green technologies. We contribute to this discussion by assessing the effect of IPR protection on the two main channels of international low-carbon technology transfer, namely trade in low-carbon capital goods and foreign direct investment (FDI) by firms owning low-carbon technologies. Our data describe transfer through these channels among 140 countries in eight climate-friendly technology areas between 2006 and 2015. We find that stronger IPR protection in recipient countries increased transfer in six technology areas (solar PV, solar thermal, wind, heating, lighting, and cleaner vehicles), while the effect is statistically insignificant in the other two (hydro and insulation). The results differ slightly when focusing on the case of non-OECD countries. Stricter IPRs did not have a statistically significant impact on trade in low-carbon capital goods, but they accelerated FDI in almost all low-carbon technology areas.

Investigating intellectual capital: The role of intellectual property rights reform

Investigating intellectual capital: The role of intellectual property rights reform

Multinational Enterprise Intellectual Property Right Strategies in Emerging Markets

While scholars have long recognized the key role of intellectual property rights (IPR) in value appropriation from innovation, less is known about foreign multinational enterprise (MNE) IPR strategies in emerging markets with weak IPR institutions. We examine how foreign MNEs evaluate the relative effectiveness of secrets and patents in response to their partnership and collocation with local emerging market firms (EMF), contingent on regional IPR development levels in the host country and IPR institutional distance between MNE home and host countries. Using data on 407 MNEs from the China Innovation Survey, we find that both partnership and collocation with local EMFs increase MNEs’ perceived effectiveness of secrets relative to patents. These effects are mitigated by regional IPR development levels in emerging markets and are strengthened by IPR institutional distance between MNE home and host countries.

How Industrial Design Matters for Firm Growth at Different Stages of Development: Evidence from Korea, 1970s to 2010s

The traditional literature on the role of intellectual property rights (IPR) in innovation highlights the strength of IPR protection in the context of the tradeoff between innovation and diffusion. More recent literature analyzes the role of diverse forms of IPR in promoting innovation and growth and delves into not only regular patents but also utility models (or petite patents) and trademarks. Using firm‐level IPR (patents, designs and trademarks) data from Korea, we further extend this new strand of literature to explore the role of designs at different stages of development. The data spans five decades and can be divided into three subperiods that represent different stages of economic development. We find that design‐intensive sectors tend to be more export oriented. Further, firms’ sales growth is significantly associated with the design intensity of firms. Such association is found only during the later stages of economic development in Korea. Taken together with earlier studies, our findings imply that different forms of IPR, in particular designs, matter differently for innovation and firm performance at different stages of development. Designs are not that important in the early stages of development when economic growth relies on the mass production of low‐cost goods by low‐wage workers. The importance of design rises with economic development at later stages when product differentiation becomes critical. A unique and smart appearance increases value in the eye of the customer value and, thus, could help firms’ sales performance.

Intellectual Property Rights and Competition Law for Transfer of Environmentally Sound Technologies

Battling against climate change, “a common concern of humankind,” is the most prominent global challenge of this century, and Environmentally Sound Technologies (“ESTs”) are the main tools to fight this battle. This article examines the juxtaposed role of Intellectual Property Rights (“IPRs”) and competition laws in facilitating wide-scale innovation and transfer of ESTs in developing and least developed countries. This article covers diverse IPRs, including patents and trade secrets. The discussion and analysis of the IPRs are based on the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”). And the discussion on competition law mainly focuses on competition related regulation of the European Union (EU). The article concludes with an examination of whether the current state of relevant national IPRs and competition laws can facilitate the transfer of ESTs in Bangladesh, which is considered to be one of the most climate change affected countries in the world. The article finds that the adoption of a suitable IPR regime can facilitate innovation and transfer of ESTs to developing and least developed countries. However, some countries can facilitate innovation and transfer of ESTs by using TRIPS’ flexibilities like compulsory licensing. Competition laws can also facilitate innovation and transfer of ESTs through expanding EST markets by preventing abuse of IPRs, for which countries’ competition laws should include guidelines. Finally, the article finds that the current relevant IPRs and competition related laws of Bangladesh are not suitable enough for creating a favorable environment for innovation and transfer of ESTs. Hence, this paper recommends amending these domestic laws in light of TRIPS and on the basis of national interests of Bangladesh.

Patenting the innovation and regulatory considerations

Bringing a medical product in the market is far more complicated compared to any other product due to its sensitivity and direct implication to human life. On one hand, legal protection in the form of patent may be needed and on the other hand the approval to manufacture and sell product should be obtained. In this article, we will discuss the role of Intellectual Property Rights in protecting innovations as well as regulatory requirements, specifically in case of medical products.

Structural relationships of a firm's green strategies for environmental performance: The roles of green supply chain management and green marketing innovation

Global climate sanctions are expected to force supply chain affiliates to reduce greenhouse gas and face trade distortions caused by carbon leakage. In this regard, this study examines how internal green activities such as green managerial innovation, green supply chain management, and green innovation facilitate firms to achieve environmental performance. Also, we endeavor to unveil the role of intellectual property rights and incorporate the mediating role of green supply chain management and the moderating role of green marketing innovation. Using the structural equation model technique, we examined hypotheses with 452 South Korean firms sampled through a web-based survey. Our results validated the direct effect of green managerial innovation and intellectual property right on green supply chain management, green supply chain management and intellectual property right on green innovation, and green innovation on environmental performance. In addition, we confirmed the significant mediating role of green supply chain management between intellectual property rights and green innovation and the moderating role of green marketing innovation between green innovation and environmental performance. These findings contribute to the literature on clean production and environmental performance by uncovering a firm's internal green strategies for resource utilization and identifying the contingent roles of green marketing innovation.

Intellectual Property Rights as Ethical Response to Global Climate Change Crisis

Debate regarding the contribution of Intellectual Property (IP) rights to lessening climate change is intensifying. On one side, IP optimists emphasize their function in encouraging investment in Research, Development and Commercialization. However, alternative view, principally associated with developing countries, sees the monopoly rights embodied in IP as a barrier to technology adoption and international transfer and this has led to a dilemma in IP rights ethically responding to global climate change.The role of intellectual property rights with regards to climate change has remained a divisive issue. Not only has no agreement been reached in this area, but even the path to a constructive and meaningful discussion seems elusive. Unless the role of intellectual property is addressed in a constructive and balanced manner, the potential for achieving sustainable and realistic outcomes from the climate talks could be compromised.This article explored the complex relationship between IP rights and climate change through technology-based reductions in emissions and with reference to sustainable development laws. It also considers the role IP rights can play in delivering technological change to abate the issues of climate change crisis by arguing that climate change is legally disruptive, with existing legal doctrines and frameworks forced to confront, respond, and perhaps even evolve to respond to climate change, beyond the application and incremental development of existing rules and doctrines written in the context of linkages between private international law and public international law.It concludes by outlining some plausible strategies that are necessary in resolving the dilemma associate with IP rights ethically responding to global climate change.