Types Of Intellectual Property Rights Research Articles

Protecting Intellectual Property Rights in the Digital Age

This research paper discusses safeguarding intellectual property rights (IPR) amidst emerging technologies and cyber threats. In the digital age, safeguarding intellectual property rights (IPR) amidst emerging technologies and cyber threats necessitates a proactive and collaborative approach. This research paper explores the multifaceted challenges and opportunities surrounding IPR protection, focusing on the impacts of artificial intelligence, blockchain, 3D printing, and the Internet of Things. By analyzing legal responses, technological solutions, international cooperation efforts, and future trends, it equips stakeholders with insights to navigate this complex terrain effectively. The paper advocates for dynamic regulatory frameworks that balance innovation with risk management and societal interests, emphasizing cross-sector collaboration in policy development. It also highlights the importance of public awareness and education in empowering individuals to navigate emerging technology landscapes safely. Additionally, the paper addresses the historical background, types of IPR, contemporary issues, cyber security challenges, and collaboration between stakeholders. By implementing comprehensive strategies and fostering collaboration, organizations can uphold the integrity of intellectual property rights, incentivize innovation, and maintain a competitive edge in the digital landscape.

Legal Challenges of Intellectual Property Rights for Quantum Computing

Quantum computing is a very multidisciplinary field, a blend of materials science, electronics, electromagnetism, thermodynamics, quantum physics and the corresponding mathematical framework. The study aimed to evaluate the existing scenario of the choice of the intellectual property rights (IPRs) protection mechanisms for quantum computing, choice of best applicable type, and suggesting some key alternative innovation protection mechanisms. The methodology used in this research consists of general scientific and specific legal (historical-legal, formal-legal) methods besides law interpretation and legal modelling. We critically analyzed the norms for IPR protection of quantum computing from the viewpoint of obtaining protection of inventions and increasing the innovation activity in quantum computing. One of the regulatory mechanisms for every disruptive technology is offering it IP protection. Currently quantum computing hardware is protected by patents while software is mostly protected as copyright besides protection by industrial design and trade secret exist as complementary mechanisms for this revolutionary technology. All available approaches were considered, and amendments are suggested in current IPR legislation to correspond to the reality. This interdisciplinary research revealed the uncertain nature of quantum computing and the difficulty in selecting one type of IPR as the best choice. The best way to establish a sufficient IPR mechanism is to acknowledge quantum computing as an emerging technological cocktail, and to sustain the innovation cycle of this technology. The conclusions of this study can be used to overcome the lacunas in existing IPR system for the quantum computing. This research can be used as torchbearer when preparing proposals for making revisions and additions to the existing legislation.

Protection of Intellectual Property Rights in Franchise Agreements

In the context of franchising in Indonesia, the concept implies that granting a franchise is always related to granting permission or license to use and utilize certain Intellectual Property Rights (IPR), including brands and confidential business information. The right to exploit and use these two types of IPR cannot be separated. The research method used is a normative juridical research method. In this approach, research is carried out by basing the analysis on statutory regulations as the main legal source. In a Franchise agreement, the use of Intellectual Property Rights by the Franchisee must be regulated in writing in the contract. This includes Trademark Rights, Patents, and Copyrights. Violation of this right may result in legal action, both civil and criminal, in accordance with applicable laws.

지식재산권에 대한 담보권설정과 자산유동화 - 특허권을 대출에 활용하기 위한 측면에서 일괄담보 -

This article analyzes the point that the method for setting appropriate collateral varies depending on the type of intellectual property rights due to their differing characteristics. Intellectual property securitization is the structure that a company holding intellectual property rights transfers its intellectual property rights to a special purpose company (SPC), which then issues securities based on the cash flow from the intellectual property royalties. Securitization is suitable for copyrights and trademarks. However, for patents, there are challenges in securitization due to the possibility of invalidation of a patent and difficulties in valuation. In actual cases of intellectual property securitization, there are many related to copyrights and trademarks. To activate finance utilizing patents, the introduction of a universal security system is necessary. A universal security refers to a framework where a debtor's entire asset portfolio is pooled together to establish a comprehensive collateral. In the case of patents, since multiple related patents are required to produce a single product, the introduction of the universal security interests system is necessary. The creation of security interests in patent rights, therefore, becomes meaningful when it allows for universal security interests, encompassin
 other personal properties. In cases where the debtor (security provider) i s a company, it is necessary to consider registering movables security interests, receivables security interests and universal security interests all in the company registration, similar to the UK system. Furthermore, it is important to consider the flexible approach of U.S. case law, such as Moldo v. Matsco, Inc. , which acknowledged the effectiveness of security interests without registration in the patent registry, once universal security interests, including patent rights, are registered.

A STUDY ON INTELLECTUAL PROPERTY RIGHTS AND ITS SIGNIFICANCE FOR BUSINESS

All nations may realize intellectual property's potential as a driver of economic progress and social and cultural well-being with the aid of an effective and equitable intellectual property system. This study carried out completely based on secondary data and focuses not only on the overview of IPR and its origin but also takes a deep look into the various types of Intellectual Property Rights and its significance in the context of business. To analyze IP contribution towards Indian economy data was collected from WIPO statistics database which was last updated in 2021. Intellectual property protection is the primary engine of economic growth and development in the high technology sector. They support societal progress, economic expansion, and technological improvement.

지식재산권과 디자인보호법에 관한 연구

As the economy and industry develop and the importance and value of intellectual property increase due to the advancement of science and technology, intellectual property rights are becoming a major competitiveness of the country. Accordingly, advanced countries are trying to prepare transparent legal systems and policies to protect and secure intellectual property rights. These fair legal systems and policies are to eliminate corrupt elements and factors in the field of intellectual property rights. Intellectual property is the mental product of human intellectual creative activities and has property value, and intellectual property rights that are legally recognized and protected are called intellectual property rights. Intellectual property rights can be largely divided into industrial property rights and copyrights, and new technology fields that have recently emerged and are not classified by existing classification methods are classified as new intellectual property rights. The Design Protection Act protects only the design involved in the movement of goods because it aims to contribute to industrial development as one of the types of intellectual property rights. Designs that can be protected by the Design Protection Act are products that can be traded independently and produced repeatedly. As such, it is limited to the design protection of industrial concepts based on commodities, so it is necessary to expand the concept of design in a comprehensive sense including socio-cultural concepts. Recently, non-examinationism, which is made in an effort to protect unregistered designs and shorten the design review period, has been expanding worldwide. This study examined the concepts and types of intellectual property rights and design protection laws, and examples of domestic and foreign design protection systems. The case countries were Korea, the United States, the EU, Japan, and China, which account for about 90% of the world's design applications and make up the world's top five patent office partners, IP5. and design protection laws and compares design protection laws with the principal national definitions and requirements for the design to be protected, as well as its implications.ions.

The use of intellectual property right bundles and firm performance in China

Intellectual property rights (IPRs) have become increasingly important for firms in today’s knowledge-based economy, as evidenced by the strong growth in their use. The vital role of IPRs has motivated research into their association with firm performance. However, few firm-level studies have been conducted in developing countries. Moreover, empirical studies on the use of IPR bundles and their economic performance are scarce. To fill this gap, this study first illuminates how the joint use of different IPRs varies with firm characteristics, second, it analyses the association of such joint use with firm performance, based on a constructed large dataset that merges firm-level information from China’s Annual Survey of Industrial Enterprises with data on IPR filings from the China National Intellectual Property Administration. Results indicate that the joint use of different IPRs is strongly correlated with the industrial sector and firm size. Firms that use IPR bundles also have much greater economic performance than those that rely only on single types, indicating the existing complementarity between these rights. This study advances the understanding of the relationship between IPRs and firm performance and emphasises the complementary effect between different types of IPRs, demonstrating the significance of utilising various intellectual property mechanisms fully to increase firms’ competitive advantages.

A Review on Intellectual Property Rights

This review article delves into the complex and ever-evolving field of intellectual property rights (IPR) as they relate to the pharmaceutical industry. The article begins by examining the history of IPR in pharmacy, highlighting the key developments and milestones that have shaped the landscape of pharmaceutical intellectual property law over time. From there, the article explores the different types of IPR that are relevant in the pharmaceutical industry, including patents, trademarks, and copyrights. The article then moves on to discuss the critical role that IPR plays in driving innovation and economic growth in the pharmaceutical sector. This section provides a comprehensive overview of how IPR protections incentivize research and development, encourage investment in new drugs and therapies, and ultimately help to improve global health outcomes. However, the article also delves into the challenges and controversies surrounding IPR in the pharmaceutical industry. This includes discussions of issues such as access to essential medicines, high drug prices, and the tension between intellectual property rights and public health concerns. Finally, the article considers the future of IPR in pharmacy, including emerging trends and developments that will likely shape the field in the coming years. This section touches on issues such as personalized medicine, artificial intelligence, and the increasing importance of data as an asset in the pharmaceutical industry. Overall, this review article provides a comprehensive and insightful overview of intellectual property rights in the pharmaceutical industry, making it an invaluable resource for anyone interested in this important and dynamic area of the law. Keywords: - Innovation, Economic growth, Drug pricing, public health, Personalized medicine, Artificial intelligence, Data assets

An analysis of Property Right using the Public Private Law Divide

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

Relevance of Registration of Geographical Indications with Increasing Competitiveness of Local Products in the City of Semarang

Whereas in principle all types of intellectual property rights are protected by law including geographical indications. Legal protection for Geographical Indications is created when the owner registers it with the Minister of Law and Human Rights. Especially in the city of Semarang, the problem regarding the registration of Geographical Indications that occurs is the lack of awareness of the citizens of the city of Semarang to register their Geographical Indications, which actually has the potential to increase the competitiveness of local products in the City of Semarang. This study will address these issues using empirical juridical research methods based on primary legal data. Based on the research results, it is known that legal protection for geographical indications is created when the geographical indication is registered. Geographical indications that have been registered have an impact on strengthening the competitiveness of local products in the City of Semarang, so that the community and the government of the City of Semarang must jointly strive to increase awareness of the registration of geographical indications in the City of Semarang.

КОМЕРЦІЙНА ТАЄМНИЦЯ В СИСТЕМІ ІНТЕЛЕКТУАЛЬНОЇ ВЛАСНОСТІ: СУТНІСНИЙ КОНТЕКСТ

Background. In the conditions of the formation of the knowledge economy, the intensification of innovative development, the strengthening of globalization processes, and the active spread of information and communication technologies, the importance of commercial secrets as a tool for ensuring the competitive advantages of organizations increases. The purpose of the study is to promote a comprehensive understanding of commercial secrets to understand their place in the intellectual property portfolio of modern companies and to make effective decisions regarding their effective use and reproduction. The object of research. The article is devoted to revealing the essence of a commercial secret, clarifying its meaningful characteristics and place in the organization's intellectual property system. Methods. Achieving the goal of scientific research relies on the use of a wide arsenal of methods: abstraction, scientific description, theoretical generalization, induction, and deduction to substantiate the meaning, reveal the essence of a commercial secret, clarify its meaningful characteristics, and compare it with other categories; a dialectical combination of the general and the special to highlight the signs of a commercial secret; decomposition, structuring for the selection of types of commercial secrets, determination of directions for their systematization. Results. Approaches to comparing commercial secrets with confidential information and know-how are presented in the literature. Various interpretations of the essence of a commercial secret have been studied, in particular, in the context of its belonging to the intellectual property system. Considerable attention is paid to defining the features of a commercial secret through the lens of a dialectical combination of the general and the special. The general features of a commercial secret due to its primary informational nature are given; specific features as an object of intellectual property are highlighted. The types of commercial secrets were studied, and the vectors of their systematization and concretization in the practice of organizations were proposed. Conclusions. It is asserted that commercial secrets are classified as objects of intellectual property rights; considered the right to commercial secrecy as a type of intellectual property rights. An extended interpretation of the commercial secret is given, taking into account the totality of its features and a wide range of possible types as a methodological aspect of the formation of practical tools for the management of commercial secrets of organizations.

The heterogenous relationship between migration and innovation: Evidence from Italy

ABSTRACT This paper offers a novel take on the relationship between migration and regional innovation by analysing the impact of both international and internal migration flows across Italian provinces, by skill level, and on three types of intellectual property rights (IPRs), namely patents, trademarks and design rights. Allowing us to capture innovation beyond technology and high-tech manufacturing, our results shed light on the relationship between different types of migrant human capital and this array of innovative outcomes. Focusing on Italian provinces in the period 2003–2012, our empirical analysis reveals that internal migration is more significantly related to innovation than international migration. Moreover, medium- and high-skilled migrants are positively associated with all three types of IPRs, while low-skilled migration has a negative association. There are also significant differences across provinces, with a clear distinction between the more economically developed Northern provinces and the rest of Italy.

Formulating IP strategies for service-intense business models: A roadmapping-based approach

The increasing adaptation of product-service systems (PSS) creates unmet challenges for intellectual property (IP) management and requires an approach to formulate specialised IP strategies for service-intense business models. Building on a roadmapping-based approach for IP strategy formulation we propose a specialised process and template that was developed and demonstrated in one in-depth qualitative case study with a UK-based high-tech scale-up SME. The study shows how the six-step process and template can be applied for the formulation of an IP strategy for a service-intense company. The research demonstrates that a distinct consideration of the PSS components, namely service, product and infrastructure is needed when formulating IP strategies as these different components are likely related to different types of IP rights. This increases the comprehensibility of the IP strategy and provides guidelines for practical implementations.

Patents & publications: In Indian perspective

Intellectual property rights are the exclusive rights granted to individuals over the creations of their minds by the country to use his or her creations for a limited period of time. The types of intellectual property rights are Patents, Copyright, Trademark, Industrial designs and Geographical indications. A patent is a grant of right by the government for an invention to the inventor in exchange of full disclosure of the invention. A patent is a legal right that allows applicants and assignees to use and exploit their inventions for a period of 20 years from the date of filing of application. For the duration of the set period, the patent holder has the legal right to prevent others from commercially exploiting/using his/her invention and if anybody found doing so he can take legal actions against that person/company/organization. Patent provides many benefits to the inventor/researcher but why Indian researchers prefer publications instead of patenting their work. In this review article we were tried to find out the reasons behind it. Lot of reasons came to front after the study like totally online procedure of application, long waiting time, application and other fee, answering within time frame, command in English language, drafting expertise etc. And on the other hand publications need less labor, expense and time. Although many problems are there in patenting but if the work is authentic, genuine and novel, the inventor should go for patenting, so that he/she can use it commercially. Commercial use will not only benefit the researcher but it increases the Gross domestic production of the country. It is also duty of the every researcher to help in country’s development.

TYPES OF INTELLECTUAL PROPERTY RIGHTS IN THE UNITED KINGDOM

Purpose: to study the types of intellectual property rights in the United Kingdom (in the following – UK) and analyse the procedures of their protection under the effective UK legislation. The methodological basis of the study comprises general scientific, philosophical, analysis and special methods. Results: the authors studied such types of intellectual property rights in the UK as patents, copyright, registered and unregistered designs, trademarks and trade secrets and analysed the procedures of their protection under the effective UK legislation. Discussion: researching in details such categories of the intellectual property in the UK as patents, copyright, registered and unregistered designs, trademarks and trade secrets, analising the procedures of their protection under the effective UK legislation.

Seafood Without the Sea: Article 20 of the Agreement on Trade-Related Aspects of Intellectual Property Rights, the ‘Justifiability Test’ and Innovative Technologies in a Sustainable Blue Economy

Abstract With the growing global demand for seafood and ocean ecosystems increasingly at risk, advances in the field of cellular aquaculture provide a unique opportunity to foster sustainable fisheries. However, the successful commercialization of cell-based seafood requires the adoption of the regulation on product labelling. This article explores the trademarks issues of cell-based foods specifically and whether these types of intellectual property rights can contribute to the promotion of sustainable fisheries in the so-called ‘blue economy’. It examines the extent to which international trademark protection has the ability to contribute to better ocean governance by accommodating higher public policy imperatives, the recent case law on Article 20 of the Agreement on Trade-Related Aspects of Intellectual Property Rights, and the newly adopted ‘justifiability test’ for special requirements as they apply to trademarks. It appraises some of the legal implications for the regulatory design of domestic labelling regulation as they apply to cell-based seafood.

Проблематика дотримання прав інтелектуальної власності у медіа-просторі

The paper examines the main types of intellectual property rights, which might be violated in the media space (Internet, radio, TV, press). In today's world, the media has long been a major source of information. As the amount of information in the media increases, so does the amount of intellectual property involved. The most fundamental form of intellectual property protection technology is the control of access to information (ie determining whether the requester is allowed access to information). However, the existing access control offers only part of what is needed to work with intellectual property. So, it is not always protected at the legislative level, and the context in which it is used often does not benefit the owner. The intellectual property right infringement requires deep analyzes of the current situation, exploring and offering concrete solutions for each particular kind of infringements. Thus, the aim of the work is to study, analyze and identify problems of infringement of intellectual property rights in the media space, ways to prevent and combat them. The ways of offenses prevention are widely describe in the paper. Possible infringements of intellectual property objects on the Internet, on television and radio are analyzed in the paper; the legislative basis for protection of intellectual property rights and statistics in cyber attacks in 2020 in the world are deeply analyzed. The methods of protection of intellectual property rights of various types, including, such as coding of websites, a watermark and others are ofefred. The activity plan based on process of registration of the intellectual property right and solution of problems with infringers are investigated and offered in the paper. The importance of media impact in the sphere of intellectual property is described on the example of presidential campaign in USA. Recommendations for: identifying the need to protect intellectual property, improvement of existing administrative measures for the development and protection of intellectual property are investigated in the paper and are of practical value.

Analisa Yuridis Potensi Overlapping Antara Merk Tiga Dimensi (Three Dimensional Marks) dengan Desain Industri dalam Hukum Hak Kekayaan Intelektual

One of the things that can make it easier for consumers to be able to distinguish products from one another is the presence of a brand that is a marker of the existence of a product. In this case the Law No. 15 of 2001 concerning brands, precisely in Article 1 describes the definition of the brand itself as a sign in the form of images, names, words, letters, numbers, color arrangements, or a combination of these elements which has a distinguishing power and is used in trade or service activities. As time goes on and the development of technology increases, new concepts are called non-traditional marks or non-traditional brands. These non-traditional brands are further divided into two types, namely non-traditional visual brands (including three-dimensional brands, colors, holograms, slogans, film and book titles, multimedia signs, positions, and gesture) and non-visual non-traditional brands (including sounds, aroma, taste, and texture). Speaking about the Three Dimensional Brands in Indonesia, it turns out that there is no clear concept regarding the Three-Dimensional Brand itself even though in Law No. 20 of 2016 replaced the 2001 Trademark Law has provided protection for Three-Dimensional Brands as well as through the Law Minister Regulation and Ham (Pemenkuham) No. 67 of 2016 that Three-dimensional Brands can be registered. From this, the question arises, "Does the existence of the Three Dimennsi Brand have the potential to overlap with other types of intellectual property rights?" To answer these questions, the Research Method used is normative legal research, namely research that analyzes legal norms.

Міжнародний досвід застосування критеріїв оцінки матеріальної шкоди для визначення збитків внаслідок неправомірного використання об’єктів інтелектуальної власності

One of the main goals of intellectual property rights is to ensure financial protection of intellectual property rights of the rightsholder in case of violation. The article analyses the international experience of damages valuation criteria application for measuring losses through illegal exploitation of intellectual property (patents, trademarks, copyrights, etc.). The ability to make preliminary damage measuring due to the illegal use of intellectual property helps make better litigation choices. It is crucial to understand the basic approaches and damages valuation criteria in determining material loss. On the one hand, it helps the rightsholder make an informed and optimal decision to recover a reasonable amount of compensation in court. On the other hand, understanding the approach to determining damages affects the type and number of witnesses, facts, and experts involved in defending the case. Authors consider approaches and damage criteria for assessing the loss caused to rightsholders on the example of the European Union, the United States, and Colombia. It is shown that the same criteria are used in different countries for damages: lost benefit of the rightsholder; the profit of the offender; lump sum damage and/or hypothetical (“reasonable”) royalties; compensation established by law; coverage of other indirect losses. However, applying these criteria in different countries is different for the reimbursement of different types of intellectual property rights. The international experience analysis of damages valuation criteria application for measuring losses through intellectual property illegal exploitation allows to improve the normative-legal field in Ukraine and create a national methodology of damages measuring caused by illegal exploitation of the intellectual property.

Компенсація як спосіб судового захисту прав інтелектуальної власності

Здійснений аналіз законодавства та судової практики з питання застосування компенсації як цивільно-правового способу захисту прав інтелектуальної власності. Висвітлено відмітності у законодавчому закріпленні права суб’єктів різних видів прав інтелектуальної власності на застосування компенсації та наслідки цього, що проявляються у неодноманітній судовій практиці у сфері захисту різних видів прав інтелектуальної власності.
 An analysis of legislation and case law on the application of compensation as a civil law method of protection of intellectual property rights. The differences in the legislative enshrinement of the right of subjects of different types of intellectual property rights to compensation and the consequences of this, which are manifested in the heterogeneous case law in the field of protection of different types of intellectual property rights.