World Intellectual Property Organization Research Articles

Settlement Of Biopiracy Disputes: Is The WTO An Eligible Forum

In 2001, the World Intellectual Property Organization Intergovernmental Committee (WIPO IGC) set out to create an international legislature for the regulation of traditional knowledge and genetic resources (TKaGR). More than two decades later, the legislative process is still inconclusive. One of the most significant indigenous problem this law would have addressed, is the scourge of biopiracy. Biopiracy encompasses a wide range of practices including unauthorized access, uncompensated use and unjust enrichment from TKaGR. Currently, TKaGR custodians have the option of seeking redress at national courts under diverse IP headings and unfair competition as the facts of each biopiracy case dictates. This article will examine the basis for initiating a settlement at the World Trade Organization Dispute Settlement Body (WTO DSB), appropriate case categorization, possible remedies and likelihood of success.

WikiGenDex: Un nuevo algoritmo de identificación de género basado en fuentes abiertas

Given the limitations found in other name-based gender assignment algorithms, we present a new algorithm based on open sources: WikiGenDex. This algorithm is based on information from Wikidata and the World Gender Name Dictionary (belonging to the World Intellectual Property Organization). Throughout the note we explain its mechanism, validate its operation, offer an example and a tutorial to use it with any name database.

The International Copyright System and Development: The Role of the World Intellectual Property Organization

The International Copyright System and Development: The Role of the World Intellectual Property Organization

Cybersquatting: Violation of Trade Marks, Intellectual Property Laws in Pakistan

Internet has substantially expanded, and it has become a widespread platform for commerce and trading. In the case of a company, goodwill refers to the intangible asset. A company's ability to differentiate its goods and services from those offered by other companies in the same industry and to convey any existing goodwill in the market is facilitated by using a trademark. In recent years, many companies have begun to reach out to their clients using online marketplaces such as social media and websites. The domain name of an internet website plays an important function in assisting clients in recognizing a certain company when interacting in cyberspace. The process operates on a "first-come, first-serve basis," any person or company may try to acquire the domain names of already-established enterprises. A practice known as "Cybersquatting”, occurs when individuals register domain names with the fraudulent object of selling to already established companies and operating a company in their name by misinterpreting their domain name. This research examines the notion of cybersquatting in Pakistan, and its effects in globalized society, and how World Intellectual Property Organization (WIPO) has been playing a significant role in preventing the act of cybersquatting.

INTERNATIONAL ASPECTS OF INTELLECTUAL PROPERTY RIGHTS PROTECTION

The article is devoted to the study of the main aspects of international protection of intellectual rights. The authors consider a number of international conventions and treaties, as well as the main provisions of cooperation between WIPO and the WTO under the Agreement on Trade-Related Aspects of Intellectual Property Rights. International treaties form a network that serves all member states, depriving them of the opportunity to act arbitrarily, at their discretion. They establish common norms and standards of IP protection, deviation from which is punishable by sanctions. By signing such treaties, states agree to partially abandon their own IP laws and follow the path of convergence with the laws of other countries. Such agreements exist for almost all categories of IP. The international system of public administration procedures in the field of intellectual property today is based on two conventions concluded in the late XIX century: Paris Convention for the Protection of Industrial Property of 20 March 1883 (Paris Convention) and the Berne Convention for the Protection of Literary and Artistic Works of 9 September 1886 (Berne Convention). These two Conventions played a fundamental role in the subsequent development of legal institutions. In the modern world, a certain system of international legal regulation of related rights has already developed, which directly affects the European related law, since, in particular, the norms of international law form the basis of the legal system of the European Union, and form international, including European, standards of intellectual property rights, including copyright and related rights. The main institutions dealing with IP protection on a global scale are the World Intellectual Property Organization (WIPO), the World Trade Organization (WTO) and the United Nations Educational, Scientific and Cultural Organization (UNESCO). All member states of the European Union, as well as the European Community are members of the WTO organization, which has gained great importance in the field of intellectual property in connection with the adoption of the TRIPS Agreement. The reason that prompted states to choose a forum other than WIPO to negotiate this agreement was the growing dissatisfaction with the existing contrast between the precision, elegance, even sophistication of the treaty documents that were negotiated at WIPO and the inadequacy of the means to ensure the practical implementation and uniform interpretation of these treaties in different countries. The TRIPS Agreement addresses five important issues: the principles of the trade system and international agreements on intellectual property, the minimum level of protection of intellectual property rights, measures to enforce these rules, the procedure for resolving disputes in the field of intellectual property, as well as transitional measures during the implementation of the systems. Ukraine is a party to more than 50 multilateral and bilateral international treaties on intellectual property. Therefore, it is advisable to determine the role of international standards in the system of intellectual property rights protection as integral components of the national legal system in Ukraine. This has become especially important since 24.02.2022 due to the outbreak of a full-scale war on the territory of Ukraine. The occupation of the territory of Ukraine by Russian invaders and the theft of industrial infrastructure, cultural heritage, art objects, which are also objects of intellectual property. Absolutization of copyright and related rights protection does not automatically mean bringing such protection to international standards. Recently, in Europe and the United States there has been an understanding of the need to find a consensus between the interests of copyright and related rights holders and the interests of society for access to cultural heritage. It is necessary to amend the legislation of Ukraine in order to harmonize the interests of copyright and related rights holders and the interests of society for access to cultural heritage, in the context of introducing only the minimum requirements of international legal acts for the protection of copyright and related rights and simplifying access to copyright and related rights.

Prospects for Russia's Cooperation with the Countries of the Middle Eastern and the Mediterranean States

Introduction. To explore and identify further prospects for scientific cooperation with the Middle Eastern and Mediterranean states, which have long-standing cultural and historical ties with Russia, the authors have analysed the publishing and patenting activities of certain countries. The article lists scientific, technological, and humanitarian studies and identifies popular areas of cooperation with Russian institutions. Methods. When forming the array of data, we used Russian information sources, the international system Web of Science, the patent database Questel Orbit and data from the World Intellectual Property Organisation. Based on the applied general scientific methods such as measurement, description of knowledge objects and items (qualitative and quantitative), analysis, synthesis and scientific generalisation, we have identified the leading and applicant countries in terms of patenting activity. Results and Discussion. We analysed the total number of publications and their structure by quartile for the Middle Eastern states. The patenting activity analysis for the Middle Eastern and Mediterranean countries looked at the patents issued and applications (by WIPO technological areas) for inventions submitted in the countries' patent offices in 2010–2020 as well as at the applicants' countries of origin. Conclusion. We have identified foreign scientific, educational and other organisations and business sector institutions in certain Middle Eastern and Mediterranean states that may be considered potential partners of Russian institutions.

WIPO’s Contributions to International Cooperation on Intellectual Property

ABSTRACT The World Intellectual Property Organization (WIPO) has enhanced global cooperation in a key area of International Economic Law. In particular, WIPO’s international intellectual property (IP) treaties have done much to bridge the territorial nature of IP with the business needs of innovators and brand owners who operate in an interconnected global economy. They also vividly illustrate the benefits of multilateral cooperation: IP can flow from anywhere to everywhere, thus requiring a truly global approach toward cooperation. Here, we explain some of the practical benefits of WIPO’s Patent Cooperation Treaty, Madrid, and Hague Systems, especially over the last 25 years. Their success has made these systems even more attractive to IP users worldwide and has transformed WIPO’s international filing mechanisms into a truly global endeavor.

حقوق الملكية الفكرية (قراءة في أحكام الشريعة ومواثيق وإتفاقيات دولية وقوانين ومراسيم باكستان)

Islam recognizes the notion of personal rights of the individuals including the right of ownership, possession and property. Islam also identifies the individual’s rights to function individualistically. Therefore the efforts made for promoting intellectual rights can be considered a legitimate and recognized personal right. The notion of intellectual property is not unfamiliar to the Islamic regulation of property but it is an essential portion of it. Wide-ranging doctrines derived from the foundations of Islamic law and defined by Muslim jurists have directly protected it as a legal property. Intellectual property rights are indispensable to human creativity. Many laws have been enacted to protect intellectual property rights by creating awareness among the individuals about the intellectual property rights at national and international level. This research presents various viewpoints of Islamic scholars on intellectual property rights by highlighting the extent of these intellectual property rights. It also explores the endeavors being made at national and international level to raise awareness about various intellectual property rights including trademark, copyright and patent, which facilitate innovators to acquire acknowledgment or monetary advantages from their innovations. The basic aim of this research is to portrait a general idea of the endeavors made by numerous international organizations, countries and bodies including World Intellectual Property Organization (WIPO), The Universal Declaration of Human Rights (UDHR), International Covenant on Economic, Social and Cultural Rights (ICESCR), Paris Convention, Protection Industrial Property, Berne Convention for the Protection of Literary and Artistic Works and World Trade Organization (WTO) for protecting the intellectual property rights. This study also explores the efforts made by Pakistan to enact laws for intellectual property rights by issuing various ordinances including Patents Ordinance 2000, Trade Marks Ordinance, 2001, Copyright Ordinance 1962. The Intellectual Property Organization-IPO was also as an autonomous body in 2005 under the administrative control of the Cabinet Division for integrated and efficient intellectual property management in Pakistan. Results, recommendations are presented at the end.

Innovation and Climate Change Mitigation Technology in the Asian and African Mining Sector: Empirical Analysis Using the LMDI Method

Technology plays an essential role as climate change becomes a growing concern worldwide. This article aims to examine the influence that innovation exerts on climate change mitigation technology (CCMT) in the African and Asian mining sectors. Data were collected from the World Intellectual Property Organization mining database. We conducted a decomposition analysis of patent families between 2011 and 2020 based on the Logarithmic Mean Divisia Index (LMDI) method. Findings revealed that African countries do not devote their innovation efforts to adaptive technologies, resulting in a mismatch between mining and access to technologies as the scope of R&D narrows. In Asia, the drive for innovation and technological efficiency is a tool to prevent economic damage and legitimize technological benefits as solutions for climate change mitigation technology. This outcome calls on political, national, and international governments to bridge the innovation gap to trigger a real shift from innovation to these technologies.

Directions of Statistical Study of the Implementation of Advanced Production Technologies in Russia

The paper deals with certain aspects of the statistical study of how advanced production technologies are implemented at the present stage of scientific and technological progress in Russia. This matter is addressed from two perspectives: statistics on the development and use of advanced production technologies and statistics on stimulating the greatest possible return on the results of the introduction of advanced production technologies in the shortest period of time possible.The author formulates proposals to improve the system of accounting indicators by improving the quality of the selection of organizations that develop and use advanced production technologies, as well as the quality of accounting for unaccounted technologies at all levels of management. Recommendations are given for adjusting each of the main areas of use of the evaluation indicators, as well as improving the methodology for the formation of the evaluation indicators themselves, in particular, by applying a score to each of them.The statistics of advanced production technologies implementation is evaluated. Particular attention is paid to accounting for the formation of applications and their implementation in such areas as patent issuance, registration of trademarks and industrial designs. The article considers activity of the World Intellectual Property Organization (WIPO) in the area of patent statistics.The author explains the need to gradually combine the two forms of statistical accounting – state (Rosstat) and WIPO statistics – into a single form, which will allow, at the early stages of development and use of technologies, to assess their quality and take appropriate measures to improve them.

Does the Increase in the Number of Registered Patents Affect Economic Growth? - Evidence from Romania and Bulgaria

The goal of this paper is to determine whether the increase in the number of registered patents per million inhabitants, as a measure of market verification of the results of R&D activities, affects economic growth and the increase in the country's innovation index. The empirical research covered two countries - Romania and Bulgaria. Given that the main task in the research was to accurately measure the investigated phenomena and discover the connection between them, the analysis was based on a quantitative research design. The analysis used secondary data from the international databases of the World Bank and World Intellectual Property Organization, covering the period from 2008 to 2018. The results of the empirical research showed that no correlations were found, which means that in the cases of Romania and Bulgaria, there is no dependence between the increase in the number of registered patents per million inhabitants and the growth of the innovation index and GDP per capita.

Physiotherapeutic approach to Attention Deficit Hyperactivity Disorder (ADHD)

Physiotherapy is one of the areas that can act in the process of diagnosis and monitoring of Attention Deficit/Hyperactivity Disorder (ADHD). In this sense, the objective was to outline the studies and development of technologies on the subject and the physiotherapeutic approaches already registered in databases. The search was conducted from January to July 2022, the descriptors used were "ADHD AND Physiotherapy" being performed on the World Intellectual Property Organization (WIPO) patent database and articles and abstracts: Scopus Web of Science, PubMed, The Lens and ScienceDirect. Using the Scopus Web of Science, PubMed, The Lens and ScienceDirect article bases and the descriptors “ADHD AND Physiotherapy”. It is concluded that the role of physiotherapy in the development and monitoring of people with ADHD, from diagnosis, with exercises and activities that help in motor, neurological and cognitive progression, becomes relevant for promoting health and quality of life for these patients.

HMG-CoA reductase inhibitors: an updated review of biosynthesis and patent prospecting

HMG-CoA reductase (3-hydroxy-3-methylglutaryl-coenzyme A reductase) is the enzyme that plays a limiting role in cholesterol biosynthesis. Among the HMG-CoA reductase inhibitor molecules, statins stand out, a class of drug used in the treatment of atherosclerosis and in the reduction of high cholesterol levels, therefore they are biomolecules of medical and pharmaceutical importance. In this context, this work aimed to carry out a systematic mapping of patents and scientific articles related to the biosynthesis of HMG-CoA reductase inhibitors. The search was carried out in the databases of the National Institute of Intellectual Property (INPI), the European Patent Office (Espacenet), the Derwent Innovations Index, the World Intellectual Property Organization (WIPO) and also articles indexed in Scielo and Pubmed using as descriptors “statins”, “production and statins and fungi”, “statins and fungus”. Of the 2561 cataloged patents, 09 were included because they met the inclusion criteria. The number of scientific articles found in the databases was higher (2820) when compared to the number of patents. As a country, China represents the largest holder on the subject, corresponding to 88.9% of patented products. Based on the mapping, advances in the search for strategies for the biotechnological production of statins can be highlighted. Some of the inventions used microorganisms such as filamentous fungi associated with agro-industrial substrates as an alternative and low-cost source for the production of statins to replace synthetic sources. However, future studies can be carried out using new fungi and new renewable substrates, considering the existing biodiversity worldwide.

Identifying patent classification codes associated with specific search keywords using machine learning

The purpose of this research is to retrieve relevant patent documents and identify classification codes and search keywords that best characterize a given technological domain found in patent literature. The World Intellectual Property Organization (WIPO) recorded a rising number of patent applications filed under the Patent Cooperation Treaty (PCT) which is becoming the norm for filing patents in multiple jurisdictions. As such, PCT documents are a valuable source of information related to innovation activities with some degree of entrepreneurial intention. However, searching for relevant patent documents can be a daunting and uncertain process. We constructed a high-dimensional matrix consisting of two data types: classification codes and search keywords known as the code-keyword matrix. In turn, two machine learning algorithms called principal components analysis (PCA) and k-means clustering were used to derive insights from the high-dimensional dataset. Consequently, a two-dimensional PCA biplot and clustering on an optimized PCA dataset called Eigen-PCA were obtained using our combined machine learning method. Using such algorithms, we were able to identify correlation relationships found between the two data types. We also clustered the classification codes by least-relevance, medium-relevance, and high-relevance for the domain of anti-corrosion technologies, an impactful area for steel infrastructure in maritime environments. Such patent data analytics can be adapted to other areas such as medical technologies, green energy transition towards Net Zero and conservation of biological diversity.

The technology life cycle of Persian lime. A patent based analysis

The citrus agro-industry is one of the world’s most important agricultural sectors. The Persian lime is one of six citrus fruit groups with economic significance. The technological lifecycle of Persian lime sector is assessed in this study using the growth S-curve approach. The objective is to depict the technology life cycle trajectory and current stage of the Persian lime citrus fruit, as well as each of its value chain phases, in order to facilitate better decision-making and technological strategies. The study uses technological patents collected from the World Intellectual Property Organization (WIPO) database from 1975 to 2009. The S-curve model of Persian lime and its value chain stages is generated using logistic mathematical regression. According to the findings of this study, Persian lime is in the maturity stage of the technology life cycle. As a result, the primary strategy could be cost reduction, process innovation, and price strategies to capitalize on market opportunities. When compared to other value chain phases, the transformation phase has the highest number of patents according to the value chain analysis and it is the unique value chain phase with statistical significance in the model. The transformation phase is also at the maturity stage of the technology life cycle. This creates opportunities in two ways: first, to adopt previously developed technologies in the transformation phase and improve process efficiency to reduce costs; and second, to reinforce innovative technological efforts in other phases of the Persian lime value chain, such as growth, harvest, or post-harvest.

Copyright in private international law: protection, objects, types

The paper presents a study of the problem of protection and protection of copyright rights in international private law. It is noted that the issue of protection and protection of copyright in the modern world is very relevant and currently not fully resolved. An analysis of international treaties, to which Ukraine is a party, has been carried out. In particular, the norms of the Berne Convention, the World Geneva Convention on Copyright of 1952, the Treaty of the World Intellectual Property Organization on Copyright (BOIB Treaty), the Agreement on Trade Aspects of Intellectual Property Rights (TRIPS Agreement) were studied. The main attention in this paper is devoted to copyright objects. It was determined that the objects of copyright include international treaties to which Ukraine is a party. It was also analyzed what differences exist in the basic conventions regarding the list of objects of copyright protection. The following criteria for the classification of copyright objects were studied: by scope of protection; by the level of accessibility for the public; by the degree of detail of their legal regulation; according to the term of legal protection. It is indicated that they are protected, unprotected, and limited copyright objects. The requirements that must be fulfilled in order for the work to receive the status of being released to the world have been studied. It has been analyzed which general and special terms of legal protection of copyright objects are established. Problems related to regulation, protection and proof of copyright infringement on the Internet have been identified. It is noted that authors have property and non-property copyrights, as well as that these rights include international treaties. Conclusions and prospects for the development of copyright protection and protection are given.

A detailed overview of the patent system

The roots of today’s solid patent system are from the ancient trade system, the introduction, and the evolvement of different intellectual properties. Various international legislations, collaborations, and treaties, as well as the introduction of various acts, rules, and amendments, are responsible for the management and growth of the recent patent system. Novelty, utility, and non-obviousness are the basic patentability criteria. The Indian patent act also defines things that are not inventions under section 3 of the Indian patent act as “statutory subject matter”. The patent system working is described under patent prosecution (filing, publication, examination, opposition) sequentially. “Patent co-operation treaty” (PCT) introduced by the “World intellectual property organization” provides a most effective and economical way of patent application in multiple countries through a single filed application. A general overview of a patent application, drafting of claims, patent analysis, invalidation of patents, Infringement of patents, non-infringing activities, prosecution history estoppel, and remedies under the jurisdiction, are also described hereunder. At present, the number of patent applications filed in India is continuously increasing. Indian patent office is becoming one of the designated search authorities under the PCT. General awareness about patents and intellectual property in all sectors can be improved further.

International and domestic experience of intellectual property legal protection on the Internet and separate methods of police crimes detection in this area

The history of the development of international legislation and the conclusion of international treaties regarding the protection of intellectual property, starting with the Berne Convention on the Protection of Literary and Artistic Works, was considered. The World Convention on Copyright, the Agreement on Trade Aspects of Intellectual Property Rights, and the Copyright Agreement of the World Intellectual Property Organization were analyzed. An attempt to sign an Anti-Counterfeiting Trade Agreement was tracked. The history of the adoption of laws on the protection of intellectual property in the USA “On Combating Online Piracy” (SOPA) and “On Prevention of Real Network Threats to Economic Creativity and Theft of Intellectual Property” (PIPA) was studied.
 The legal framework of the EU regarding the protection of intellectual property rights on the Internet, in particular Directive No. 2019/789 of the European Parliament and the Council dated April 17, 2019, which establishes the application of the provisions of copyright and related rights to individual online broadcasts of broadcasting organizations and retransmissions of radio and television programs, and Directive No. 2019/790 of the European Parliament and the Council dated April 17, 2019 on copyright and related rights in the single digital market were concidered. The legislative framework of Ukraine aimed at protecting intellectual property rights and preventing illegal distribution of media content was analyzed, in particular the Laws of Ukraine “On Copyright and Related Rights” and “On State Support of Cinematography”. Forms of illegal distribution of media content are defined. An analysis of telecommunication means on the Internet identification methods during forensic telecommunications examination was carried out. The methods used now were considered, and their main shortcomings were described. Alternative methods of identification were proposed.

Global Intellectual Property Applications and Active IP Rights (2015-2020) – Result of IP Education

The purpose of this paper is to compare data, covering four types of industrial property – patents, utility models, trademarks, and industrial designs in the period 2015-2020, based on the World Intellectual Property Organization (WIPO) Indicators. In the category patents and utility models are compared percentage shares of total patent applications by the top five offices; patent applications for the top 10 offices; top 10 Patent Cooperation Treaty (PCT) applicants; utility model applications for the top 10 offices. In the category trademark are compared percentage shares of total trademark filing activity by the top five offices; application class counts for the top 10 offices; Madrid international applications for the top 10 origins. In the category industrial design are compared percentage shares of total design filing activity by the top five offices; application design counts for the top 10 offices; designs in Hague international applications for the top 10 origins. The analysis shows the development in all areas of intellectual property (IP), which is directly related to raising awareness of IP issues in university environment.

МІЖНАРОДНІ ЗАСАДИ КРИМІНАЛЬНО-ПРАВОВОГО ЗАХИСТУ ОБ’ЄКТІВ ІНТЕЛЕКТУАЛЬНОЇ ВЛАСНОСТІ

The article is devoted to issues of international legal principles in the field of implementation and protection of intellectual property objects in the aspect of influence on the processes of law enforcement and law-making in the field of criminal law of domestic legal systems. It is determined that the following are important for the criminal protection of intellectual property rights: the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), the Convention on Cybercrime, the Paris Convention for the Protection of Industrial Property, the Berne Convention for the Protection of Literary and Artistic Works, the Hague Agreement Concerning the International Registration of Industrial Designs, the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration to them, and others. The relevance of this issue is due to the fact that, taking into account the processes of globalization of the world economy, as well as the process of integration of the legal systems of the countries of the world, the study of the international principles of criminal and legal protection of intellectual property is of great importance at the current stage of Ukraine’s development. The author determines that the concept of “intellectual property” should be understood as a type of property as a generic concept. Based on the analysis of the norms of international acts on the criminal protection of intellectual property rights, a number of problems have been identified that must be resolved in legislation, as well as legal science and practice. These problems include: 1) the problem of determining in which sections of the criminal codes the norms establishing criminal liability for infringement of intellectual property rights should be located. It is proposed to combine the norms establishing criminal liability for infringement of intellectual property rights into one section “Criminal offenses against intellectual property” in the Criminal Code of Ukraine; 2) the problem of determining which objects of intellectual property should be protected by the norms of criminal law. Key words: criminal liability, intellectual property, criminal legal protection, World Intellectual Property Organization, European Union.