Traditional Intellectual Property Research Articles

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

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

NAVIGATION IN E-GOVERNMENT: THE ROLE OF ARTIFICIAL INTELLIGENCE IN THE FORMATION OF THE LEGAL FRAMEWORK FOR THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

The integration of artificial intelligence (AI) into electronic government (e-government) systems is revolutionizing public administration by enhancing efficiency and improving service delivery. However, the adoption of AI technologies in this context also raises complex legal challenges, particularly concerning intellectual property (IP) rights. Traditional IP laws, which were developed with human authorship in mind, struggle to accommodate the unique characteristics of AI-generated content. This article examines how AI is reshaping the legal framework for IP protection within e-government systems, highlighting the implications and challenges that arise from this technological shift. The primary aim of this study is to explore the role of AI in the formation of IP law frameworks within e-government, focusing on how current laws address—or fail to address—the challenges of AI-generated content. The methodology includes a comprehensive literature review, analysis of legislative documents, case studies, and a benchmarking analysis to compare approaches across jurisdictions. Additionally, expert interviews provide insights into practical considerations and emerging trends in the field. The results indicate that while some jurisdictions, such as the European Union, are actively adapting their IP laws to address AI's impact, most existing frameworks remain inadequate for protecting AI-generated works. Divergent approaches across countries reveal a lack of international harmonization, which complicates cross-border collaboration and legal enforcement. The analysis also highlights the importance of public-private partnerships and sector-specific IP protections, which can address the unique needs of different e-government applications. From a forward-looking perspective, the study underscores the need for flexible, AI-specific IP protections that promote innovation while safeguarding IP rights. International cooperation will be essential for establishing consistent standards, facilitating global e-government initiatives, and supporting the responsible use of AI in public services. By fostering a balanced and adaptive IP framework, policymakers and stakeholders can help build a resilient digital ecosystem that accommodates future advancements in AI technology.

COMPARATIVE ANALYSIS OF REGULATORY ACTS OF THE EU COUNTRIES ON THE PROTECTION OF INTELLECTUAL PROPERTY IN THE CONDITIONS OF THE USE OF ARTIFICIAL INTELLIGENCE

The rise of artificial intelligence (AI) has fundamentally challenged traditional intellectual property (IP) frameworks, particularly in the European Union (EU), where regulatory efforts are aimed at balancing innovation with legal protections. AI’s ability to autonomously create, modify, and use IP raises complex questions about authorship, inventorship, ownership, and enforcement, which existing laws were not designed to handle. As EU countries attempt to adapt their legal systems to address these challenges, a comparative analysis of their regulatory acts is essential to understand how different member states are responding to the intersection of AI and IP protection. The aim of this article is to provide a comparative analysis of the regulatory frameworks governing IP protection in the context of AI across selected EU countries. By examining national legislation and harmonization efforts, the study seeks to identify common challenges, highlight divergent approaches, and offer insights into the evolving legal landscape of IP protection in the age of AI. The article employs a qualitative, comparative research methodology. It focuses on six EU countries—Germany, France, the Netherlands, Poland, Greece, and Romania—analyzing their IP laws concerning AI-related issues. The study reviews national regulations, EU directives, and case law to evaluate how each country addresses AI-generated IP in terms of ownership, authorship, patentability, trademark issues, and enforcement mechanisms. A thematic coding approach is used to identify key trends and divergences between member states. The analysis reveals that all EU countries maintain the requirement for human authorship and inventorship, which limits the legal recognition of fully autonomous AI-generated content. While countries like Germany, France, and the Netherlands have initiated discussions on potential legal reforms, others, such as Poland, Greece, and Romania, rely more heavily on existing frameworks and await further EU guidance. Additionally, enforcement mechanisms vary significantly, with more technologically advanced countries adopting AI-driven tools to monitor and enforce IP rights. As AI continues to evolve and play a larger role in creative and technical industries, the legal frameworks governing IP in the EU must adapt accordingly. Future regulatory efforts should focus on creating new categories for AI-generated works, investing in AI-powered enforcement tools, and ensuring greater harmonization across member states. By addressing these challenges proactively, the EU can strike a balance between fostering AI innovation and maintaining robust IP protections, positioning itself as a global leader in both technology and intellectual property rights.

Beyond Traditional Intellectual Property: Rise of Non-Fungible Tokens (NFTs) and Role of Blockchain in Protecting Digital Art

Beyond Traditional Intellectual Property: Rise of Non-Fungible Tokens (NFTs) and Role of Blockchain in Protecting Digital Art

The Implications of the Spillover Effect Related to Green Co-Creation in a Supply Chain

Driven by environmental concerns, firms close to end-users are increasingly co-creating with customers for green product development within their supply chains. However, a challenge called “spillover” can hinder the incentive for green co-creation by these firms. This paper examines the spillover issue in a dual-channel structure, where downstream firms implement co-creation with customers for green product development. Our findings indicate that spillover from green investments can negatively impact the investing firm’s profits. However, in low-competition scenarios, spillover benefits the supplier and customers within the supply chain. Additionally, under specific circumstances, it can improve overall supply chain performance. Crucially, to safeguard the sustainability of green co-creation in supply chains and prevent detrimental co-destruction, we propose implementing revenue-sharing contracts that can generate Pareto improvements, benefiting all green supply chain members. As a result, unlike traditional intellectual property protection, which hinders spillover, this study offers an alternative strategy that is also somewhat complementary, promoting collaboration over restrictions to leverage the positive aspects of spillover.

Pelindungan Tarian Tortor Dan Gordang Sambilan Sebagai Ekspresi Budaya Tradisional Di Indonesia

The role of the local government of North Sumatra province in the development of Tortor Toba dance and gordang sambilan dance as performing arts that are expressions of traditional culture. EBT (traditional cultural expression) is a form of traditional intellectual property. Tortor is a dance, but the meaning more than the movements states that Tortor is a medium of communication, where through the movements displayed there will be interaction between participation in ceremonies, weddings, and also welcome. On the other hand, the lack of attention of the Indonesian government makes the Tortor dance has no copyright protection, therefore the author is interested in conducting further research on legal protection of the Tortor dance, the important role of the local government of North Sumatra province and the solution that can be provided by the government to the problem of claiming tortor and gordang sambilan dances by neighboring countries. This research uses qualitative descriptive research methods, with normative-empirical legal research types. Data collection techniques are interviews, documentation and data sources from the North Sumatra Provincial Culture and Tourism Office and the owner of the Sihoda dance studio. The finding in this study is that legal protection for Tortor's dance has not provided legal certainty specifically for Tortor's own dance, but the law recognizes the existence of regional arts.

Extent of Getting Generative AI Accommodated by Traditional Intellectual Property Laws (Comparative Analytical Study)

Extent of Getting Generative AI Accommodated by Traditional Intellectual Property Laws (Comparative Analytical Study)

Informatization Teaching Mode of Intellectual Property Law Course Based on Clustering Algorithm

Abstract The traditional intellectual property law course cannot adapt to the needs of cultivating students’ active learning ability, practical ability and innovation ability in the digital era due to the teaching concept, teaching means, teaching method and assessment form. This study proposes an information-based teaching model, which builds a course knowledge organization model using a formal expression language, through atomized knowledge points and knowledge granularity. The k-means algorithm has been improved from the perspective of center selection and constraint rules to adapt to the characteristics of the intellectual property law course and complete the clustering and extraction of knowledge points. The frequent item-based method analyzes the students’ answers and generates the corresponding association rules to further develop the analysis of learning situations. For a college law school study, it was found that 925 simultaneous wrong answers and 8152 simultaneous correct answers were successfully mined using clustering. In applying this college students’ evaluation scores of this information technology teaching in terms of content design, presentation design, structural design and relationship design of knowledge clustering are 0.796, 0.818, 0.788, 0.794, and overall good results are achieved.

Inclusive Production Capacity Building for MSMEs: Designing Open Source Machine Tools and the OLSK approach

By creating opportunities for formal employment and absorbing significant portions of the global workforce, micro, small and medium enterprises (MSMEs) can be potent catalysts for sustainable and inclusive economic growth while making supply chains more resilient. However, acquiring the digital fabrication machine tools necessary for manufacturing, primarily produced in a few industrialized nations, presents a significant financial challenge for many MSMEs in developing countries. Open source machine tools, where designers freely share machine designs online, challenge traditional intellectual property models, but they suffer from scattered and poorly documented designs. This paper introduces the Open Lab Starter Kit (OLSK) approach, aiming to design, develop, and document crucial open source machine tools (OSMT) commonly needed to establish fab labs. The OLSK follows open source principles, reducing costs and barriers by enabling local replication using local resources. This strategy aims to democratize access to OSMT, foster innovation in resource-constrained regions and contribute to the broader landscape of open source hardware and its transformative potential. The benefits of the OLSK for MSMEs are discussed, challenges are highlighted. Based on this, some solutions for the application of the OLSK approach to digital fabrication in MSMEs are derived which aim to increase its accessibility and sustainability.

Take Shanghai Disney as an Example to Explore the IP Development and Marketing Ideas

In today's market, IP in the Chinese context deviates from "Intellectual Property" in its original sense, and the IP we call now adds to the new cultural connotation in the context of pan-entertainment. The so-called IP is not a traditional intellectual property right, but a concept extended from the Internet ecosystem in the Internet era. For example, literary or cultural works like games, animation, and games with high attention and traffic can be called IP. In addition, IP is not a commodity that be directly purchased by consumers, but IP content is first acquired by major companies, followed by the secondary creation and industrial chain development of IP individuals, and finally, consumers can purchase and experience the material or non-material carrier formed by IP. In recent years, thanks to the in-depth integration of media development, different media platforms have been fully utilized and effectively integrated, so that better communication channels and a broader audience market are being steadily formed. The IP industry in China is developing rapidly in literature, television, games, film, and other fields. This paper with IP industry giant - Disney group, for example, shows that by observing the development path of Disney IP, and conducting in-depth analysis and research, one can understand the current domestic IP need to enrich their original story, attach great importance to the production of high quality content, not lose Chinese unique style, also want to diversify their development vitality. At present, domestic IP should pay attention to increasing the vitality of content innovation and production, and pay attention to media integration and promotion. While creating high-quality original content, we should pay attention to the audience experience, accurately locate the audience, help people establish an emotional connection, and thus form a long-term transmission and receiving relationship. At the same time, actively improve the IP operation industry chain (online and offline), expand the realization channels, and promote the domestic IP to glow with new vitality.

PROTECTION OF FICTIONAL CHARACTERS AGAINST FANFICTION ACTIONS AND ITS RELATION TO FAIR USE IN THE PERSPECTIVE OF COPYRIGHT LAW

This research aims to investigate the protection of fictional characters within the framework of intellectual property, including copyright, and explore the challenges arising from fanfiction cases in the era of the internet. Through legal analysis, the study delves into the legal regulations governing fictional characters and identifies the potential application of fair use principles to support fanfiction activities that utilize pre-existing fictional characters. The findings provide insights into the legal framework surrounding fictional characters within intellectual property law and its relevance in addressing the evolving landscape of internet culture. Moreover, this research contributes to a deeper understanding of how to safeguard fictional characters while considering freedom of expression and fostering innovation in the realm of creativity. By examining these issues, this study not only sheds light on the legal aspects of protecting fictional characters but also addresses the dynamic interplay between traditional intellectual property concepts and the transformative nature of fan-driven creativity on the internet, ultimately contributing to the ongoing discourse on the regulation of fictional characters in the digital age.

Intellectual property for commercial ideas in technology markets: A system dynamics model

Traditional intellectual property principles hold that ideas themselves must not be appropriated. Nevertheless, within open and collaborative dynamics, ideas are traded in technology markets for a stand-alone value. Contract-based exchanges to appropriate these ownerless resources take place in the market for unprotected ideas. Due to their lack of legal protection, these transactions are non-optimal and lead to economic inefficiency. A system dynamics simulation model was developed to determine the factors and causal relations that contribute to this problem. Using the scenarios technique, the model was intervened with possible legal solutions from the intellectual property system. From the results, a sui generis legal right for commercial ideas is proposed to foster the open dynamic and optimize the legal and economic conditions of technology markets for these creative assets. This interdisciplinary scheme provides a framework for future intellectual property legislation and public policies, as for further academic discussions in the field.

Research on Copyright Protection of Online Games in China under the Background of Information Age

The information age usually relates to the computer age or the digital age. With the rapid development of computer (digital) technology, the online game industry is also growing and expanding, which can be regarded as to be changing with each passing day. The development of online games not only fully reflects people's skillful application of computer technology and network technology, but also clearly reflects the new challenges brought by the rapid advance of information technology to the traditional intellectual property legal system. The purpose of this paper is to interpret the core parts of online games, namely, the copyright issues involved in game engine and game resource library, through in-depth analysis of typical cases, and on this basis, to explore the copyright protection methods of online games in line with China's national conditions under the background of information age, and to open a new chapter in the research of copyright protection of online games in China under the background of information age.

An improved entity recognition approach to cyber-social knowledge provision of intellectual property using a CRF-LSTM model

• An improved deep learning model using CRF and Bi-LSTM is given to achieve named entity recognition with unbalanced labels. • An adaptive G-Score is used to compare the fitting ability of models by evaluating the gap between Precision and Recall. • A multiclassification cross-entropy loss function has been presented for training with additional weights. With the development of cutting-edge IT technologies, e.g. Big Data, Knowledge Engineering , etc., traditional Intellectual Property (IP) services have depicted high redundancy and low efficiency during management of such large-scale of data. Recent advancement of Artificial Intelligence (AI) and Deep Learning (DL) models has been accelerating relevant research activities being investigated on Knowledge Graph (KG) schemes and applications in different domains, such as medical services, social media, etc. However, when IP services and their cyber-social provision are taken into account, relevant approaches suffer from unbalanced labels against training results, and inappropriate evaluation metrics not well reflecting the impact of the unbalance. In this paper, a deep learning model combining Conditional Random Field and Bidirectional LSTM has been proposed, in order to achieve named entity recognition with unbalanced labels. An adaptive metric, G-Score was introduced to compare the fitting ability of models by evaluating the gap between Precision and Recall. According to the results, the proposed model can effectively recognize the potential named entities with outperformance over other relevant models.

Institutional Logic, Dilemma and Suggestions of Open Source Innovation: A Case Study of Blockchain

Open-source software has made a breakthrough in the traditional intellectual property theory from the aspects of Copyright, patent right, and trademark right, and it has created a new property rights form in the form of license. Taking blockchain as an example, this paper analyzes bitcoin and Ethereum and their open-source licensing strategies. At the same time, it explores the problems encountered in the property rights of open-source blockchain and three possible solutions to this dilemma: The industry-standard licensing plan, blockchain open-source licensing scheme, and open patent scheme. This research will be significant for expanding and enriching the theoretical and practical analysis of blockchain open source in the field of intellectual property.

Big Data and the Essential Facilities Doctrine: A Law and Economics Approach to Fostering Competition and Innovation in Creative Industries

This article examines the growing market power of global streaming services in creative industries for video and music, and the intellectual property investments and inputs in these services. The author considers the prevalence of big data in these industries, enabling the development of highly targeted content, thereby dramatically reducing the potential of failure and mitigating the cost of investment. The author examined the suitability of traditional intellectual property laws for creative works driven largely by data inputs. The possibility of utilising the essential facilities doctrine to impose a duty to licence on these undertakings and the impact that could have on competition, innovation, incentives, and the economic functioning of creative industries is explored. 

LEGAL PROTECTION OF TRADITIONAL ARCHITECTURAL DESIGN OF KAMPUNG NAGA AS TRADITIONAL KNOWLEDGE IN INDONESIA

<p>Legal protection of traditional architectural design as a part of Indonesian traditional knowledge, without being realized, has become a great and complicated issue<br />because recently it is being exploited by irresponsible parties. The Indonesian philosophy Bhinneka Tunggal Ika describes Indonesia which consists of many ethnic groups around every corner of archipelago in which they create their own culture area with different condition. Every ethnic has traditional architecture as the cultural manifestation which rests on the custom and belief. Traditional architectural design as a piece of traditional knowledge in Indonesia is considered as one of cultural conservation which is material that needs to be protected. One of the matters that attracts attention now is architectural design of indigenous village in Indonesia called Kampung Naga. Kampung Naga provides sample or design of energy-efficient building in which its design is later developed by the private parties in Indonesia. Traditional intellectual property specifically the local wisdom has proved to offer many contributions for the development of environmental insight by using the teachings from ancestors which have been inherited through generations for centuries. Therefore, this research focuses on legal protection of traditional architectural design as a cultural conservation of Kampung Naga society in Indonesia which needs to be protected from exploitation or piracy both from private companies in Indonesia and from another country.</p>

Blockchain and IoT-based architecture design for intellectual property protection

Purpose The blockchain technology provides a way to record transactions that is designed to be highly secure, transparent, trustable, traceable, auditable and tamper-proof. And, the internet of things (IoT) technology provides the ability to transfer data over a network without requiring human-to-human or human-to-computer interaction, which is able to link computing devices and digitized machines, things, objects, animals and people that are provided with digital unique identifiers (UIDs). This paper aims to explore the combined application of blockchain and IoT-based technologies, especially on the intellectual property protection area. Design/methodology/approach In this paper, the authors propose a high-level architecture design of blockchain and IoT-based intellectual property protection system, which can help to process three types of intellectual property: (1) patents, copyrights, trademarks etc.; (2) industrial design, trade dress, craft works, trade secrets etc.; and (3) plant variety rights, geographical indications, etc. Findings Using blockchain peer-to-peer network and IoT devices, the proposed method can help people to establish a trusted, self-organized, open and ecological intellectual property protection system. Originality/value To the best of the authors’ knowledge, this is the first work that applied blockchain and IoT technologies on traditional intellectual property protection and trade ecosystem.

'Fake' Makeup Isn't So Pretty: Revising the Vicarious Liability Standard for Consumers Injured by Counterfeit Cosmetics

While counterfeiting is a widespread issue that affects countless industries, counterfeit cosmetics occupy a uniquely dangerous segment of the overall counterfeit market. The ease of access, the popularity of luxury brands, and the numerous health and safety risks pose a risk to consumers that is distinct from other kinds of counterfeit products. Despite these dangers, there is currently no truly effective way for an individual consumer who has been injured by counterfeit cosmetics to obtain legal recourse for the harm they have suffered. In order to allow injured consumers to receive compensation for their harm, Congress should adopt the more expansive theory of vicarious liability used in copyright law rather than the strict test currently used in trademark law to allow consumers to bring suits against the retailers of counterfeit cosmetics. This fusion between traditional tort principles and intellectual property law will allow consumers who relied on a trusted mark and were deceived by counterfeiters to access compensatory damages.

Overview of the status quo of traditional Indian medicine intellectual property rights protection

India is rich of traditional medicine knowledge. Due to inadequate protection on its traditional medicine knowledge, some of them have been illegally possessed or used by other countries, resulting in huge economic and cultural losses. In order to prevent such issues from happening, the Indian government has formulated a series of policies to protect and rationally develop traditional medicine knowledge, taken up many effective measures, such as collecting and archiving traditional medical knowledge, formulating laws and policies, establishing an administrative supervision system for traditional medicine knowledge, establish a Traditional Knowledge Digital Library (TKDL), as well as build a traditional medical knowledge registration and invention patent system. It also establishes an investment foundation, and conducts intellectual property culture building. At present, India has formed a relatively complete protection system for traditional medicine knowledge, which has achieved good results and gained recognition. To summarize the experience of traditional medicine knowledge protection in India can provide reference for China. Key words: Intellectual property; Medicine, traditional; India; Protection; Overview; Reference