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This paper studies whether the mining sector can represent a true engine of growth for selected Latin American countries through the suppliers' entry and upgrading within mining value chains. We start by using international trade data to study where mining value is added and how rents are distributed across countries. Despite their importance in the production and exports of copper ores and concentrate, the participation of the selected Latin American countries in copper value chains is still confined to the upstream segment. Moreover, their share of innovation relevant for the sector remains very limited, although new data on patenting and publications show that the sector is becoming increasingly innovative worldwide. Then, we use new microeconomic evidence from case-studies in Latin America to explore the specific opportunities and obstacles faced by mining suppliers in entering the value chain and upgrading within it, and how the regulatory and innovation systems have influenced this process. We show that barriers related to the contractual practices, lead firms' attitudes, and the hierarchical industrial organization of the sector, coupled with the countries' weaknesses in local innovation and regulatory systems, have been contributing to hamper suppliers' entry into mining value chains and upgrading. [ABSTRACT FROM AUTHOR]

I study the effect of patent-infringement claims by patent trolls on acquisitions of small firms. Exploiting staggered adoption of state anti-patent troll laws, I find that the laws have two effects. First, the number of acquisitions of small firms declines after these laws are adopted. Second, the anti-troll laws increase the acquisition price for acquirers. The market reflects the increased cost of acquisition as measured by lower acquisition announcement returns. Large firms increase R&D after the adoption of state laws, replacing external innovation. Using a sample of acquisitions that are plausibly unaffected by the laws, I disentangle alternative explanations. [ABSTRACT FROM AUTHOR]

Thailand is facing ongoing trade‐related challenges that threaten access to an affordable and sustainable supply of medicines. Despite Thailand's history of balancing trade pressures and public health priorities, little is known about the factors that enable or constrain a focus on access to medicines in trade‐related intellectual property (IP) decision making. Using document analysis and qualitative interviews, and drawing on Kingdon's Multiple Streams Framework, this qualitative study examines the factors that have enabled or constrained Thailand from focusing on access to medicines in three case studies of trade‐related IP policy: Thailand's patent law and its amendments; its issuance of compulsory licences; and its decision‐making about TRIPS‐plus trade agreements including potential membership of the Comprehensive and Progressive Agreement for Trans‐Pacific Partnership. The degree to which access to medicines has been prioritised in Thailand's trade‐related IP policymaking has varied across different types of policymaking and over time. Integral to its successes has been the involvement of the Ministry of Health and sustained advocacy by access to medicines coalitions which exert political pressure, generate evidence, and provide technical assistance to support evidence‐based policy reform. In addition, Thailand's compulsory licencing was made possible by a policy entrepreneur with the motivation and authority to implement policy change. Constraints to Thailand's focus on access to medicines have included its trade dependence on the United States (US), ongoing US trade pressure to implement TRIPS‐plus measures, and intense lobbying from Pharmaceutical Research and Manufacturers of America, the organisation representing US‐based major pharmaceutical companies, to increase IP protection for pharmaceuticals in Thailand. Through the use of Kingdon's framework, this study's focus on three different types of trade‐related IP policymaking has provided a detailed picture of the factors that have influenced the prioritisation of access to medicines and how these have played out in Thailand. Thailand's mixed history with regard to the prioritisation of access to medicines could provide lessons for other low‐ and middle‐income countries facing similar challenges to access to medicines by ensuring that the conditions are right in each of the three streams for windows of opportunity to emerge. [ABSTRACT FROM AUTHOR]

In Iraq, plants and biological processes for their production and plant varieties are patentable Under Order (81/2004) in Iraq and later its amendment Law (58/2015). This paper attempts to critically review patent rules related to agricultural biotechnology. It specifically questions the extent to which Iraq's developmental needs were considered when far‐reaching plant related patent protection was granted, The motivation for this study lies in its aim to examine the shift to restrictive exclusionary rights over plant genetic resources, and the implications this shift could have on sustainable agriculture and food security in the country, particularly Iraq lacks technological, institutional and financial capacities that can be directed towards the development of the biotechnology industry in the country. [ABSTRACT FROM AUTHOR]

The paper analyzes possible ways of protecting artificial intelligence systems and their elements with the help of intellectual property law from the perspective of European Union law. This paper deals with copyright law, patent law and sui generis database protection in relation to artificial intelligence systems. The paper begins with an analysis of whether and how an artificial intelligence can be protected by means of copyright. The author analyzes the European Union's copyright acquis and concludes that the elements of the Al system, as well as the entire artificial intelligence system, that are implemented in software, can be protected by copyright as a computer program if the originality requirements are met. However, the originality requirement is unlikely to be met in all cases in this context. The same issue with the originality requirement applies to potentially possible copyright protection of artificial intelligence systems as databases. Therefore, it is concluded that the fulfillment of copyright requirements for protection of an artificial intelligence system must be established in each particular case. The author also considers whether patent law is applicable to protect artificial intelligence systems. For this purpose, the provisions of the patent law of the European Union, in particular, of the European Patent Convention, are analyzed. The author concludes that the artificial intelligence system may be patentable as a "computer-implemented invention" in case all the requirements for patent protection are met. Sui generis database protection is also considered as an additional possibility for legal protection of artificial intelligence systems, taking into account that its applicability is limited to the European Union. Whether sui generis database protection is applicable to the artificial intelligence system should be decided on a case-by-case basis. [ABSTRACT FROM AUTHOR]

Motivated by the recent putative reproducibility crisis, we discuss the relationship between the replicability of scientific studies, the reproducibility of results obtained in these replications, and the philosophy of statistics. Our approach focuses on challenges in specifying scientific studies for scientific inference via statistical inference and is complementary to classical discussions in the philosophy of statistics. We particularly consider the challenges in replicating studies exactly, using the notion of the idealized experiment. We argue against treating reproducibility as an inherently desirable property of scientific results, and in favor of viewing it as a tool to measure the distance between an original study and its replications. To sensibly study the implications of replicability and results reproducibility on inference, such a measure of replication distance is needed. We present an effort to delineate such a framework here, addressing some challenges in capturing the components of scientific studies while identifying others as ongoing issues. We illustrate our measure of replication distance by simulations using a toy example. Rather than replications, we present purposefully planned modifications as an appropriate tool to inform scientific inquiry. Our ability to measure replication distance serves scientists in their search for replication-ready studies. We believe that likelihood-based and evidential approaches may play a critical role towards building statistics that effectively serve the practical needs of science. [ABSTRACT FROM AUTHOR]

The document discusses a legal case involving the infringement of European and National Utility Model Patents in Italy. The case involves Coiro S. r. l. and Termomeccanica G. L. S. r. l. over a spray booth patent. The court ruled on the validity of the patents, infringement claims, and the application of damages. The document provides detailed legal analysis and interpretations of patent law in Italy. [Extracted from the article]

In December 2023, the State Council and the China National Intellectual Property Administration (CNIPA) amended two important pieces of secondary patent law. One is the Patent Act Implementing Regulations, which provide detailed guidance on the Patent Act's provisions on patent prosecution, the China-specific peculiar administrative enforcement and other issues. The second is the Patent Examination Guidelines, which instruct patent examiners on examination, reexamination, invalidation, and other matters to be dealt with by the CNIPA. The amendments, which entered into force on 1 January 2024, made the two provisions compliant with the current version of the Patent Act after its fourth amendment of 2020. This article will outline the most important aspects of the amendments. [ABSTRACT FROM AUTHOR]

In this installment of the "Looking at Patent Law" series, we present a case study of the prosecution events of U.S. Patent No. 10,357,839; "Method for Electrochemical Machining using Sympathetic Waveform Interactions". The subject invention aligns with the technical interests of several divisions of The Electrochemical Society (ECS), including Corrosion (CORR), Industrial Electrochemistry and Electrochemical Engineering (IE&EE) and Physical and Analytical Electrochemistry (PAE). Additionally, the case introduces ECS members to an emerging technology of interest to industry. The case study begins with a brief synopsis of the background of the invention followed by 1) summary of several drawings and the specification of the invention, 2) inventor assignment and power of attorney designations, 3) submission of the Invention Disclosure Statement (IDS) and associated Duty of Candor, 4) summary of the non-final office action rejecting the patent application for obviousness, and 5) applicant response and allowance of the patent application. The case study illustrates the use of adding limitations from the dependent claims and the specification to the independent claim to overcome an obviousness rejection. In addition, the case illustrates an applicant initiated nonpublication exception to the eighteen month publication rule. With this case study, we hope to de-mystify the patent prosecution process and better prepare electrochemical and solid-state scientists, engineers and technologists to interact with their patent counsel regarding their inventions. [ABSTRACT FROM AUTHOR]

In the article "Nihilistic Times: Thinking with Max Weber," Wendy Brown explores the concept of nihilism and its relevance in today's society. Drawing from the works of Max Weber, Brown suggests that we can find guidance for our political and scientific activities by examining Weber's perspectives on science and politics. The article discusses the tension between ethics of conviction and ethics of responsibility in both politics and academia, emphasizing the importance of ethical responsibility in politics and the need for individuals to tolerate different values and engage in constructive interventions in public life. The text also highlights the challenges faced by academia in maintaining its integrity and the importance of values in education. The author suggests that Weber's ideas can be applied to contemporary political discussions, particularly within the context of the left, and emphasizes the need for effective leadership and a nuanced understanding of values in politics. [Extracted from the article]

Technological innovation is a crucial factor in the technological and economic development of nations today. Ownership and appropriation policies of patents are an important part of innovation processes. The compulsory license is an instrument that in principle aims towards these objectives. However, in Mexico, despite the fact that compulsory licensing was incorporated into patent legislation more than a century ago, it has been exercised very rarely. The overwhelming lack of registration of compulsory licenses has been due, among other factors, to the gaps and insufficiencies in the specifications that patent laws have established to regulate the compulsory licensing process, aspects that have led to contradictions and discretions that erode the propensity to use compulsory licenses by those interested in exploiting patents in national territory. [ABSTRACT FROM AUTHOR]

In the work, the author focuses on scientific works in which intellectual property is studied from the point of view of its theoretical and legal aspects. It is noted that intellectual property is a multidisciplinary phenomenon, is the subject of research in a wide range of social sciences, including legal ones. The theoretical and legal dimension of intellectual property is particularly important in the modern conditions of the development of its legal regulation, which is capable of both strengthening the scientific study of its legal properties and developing scientifically based recommendations on increasing the effectiveness of the use of various legal means and methods necessary to ensure the protection and protection of rights intellectual property, stimulation of intellectual activity, etc. It was noted that various theoretical and legal aspects of intellectual property, including the question of its value understanding, to one degree or another were the subject of scientific research by various domestic and foreign scientists. Based on the analysis of the works of legal theorists, it was concluded that in legal science, intellectual property scientific research is presented quite widely and reflected in numerous scientific works of both domestic and foreign scientists. This indicates a rather detailed analysis of various legal aspects of intellectual property. However, characterizing the existing scientific works as a whole, it is worth noting their cumulative nature, which in essence are created and developed according to the cumulative principle, lacking systematicity and sequence of development. Today, in legal science, works of a theoretical-legal content, which have a high degree of conceptuality, organically combine both issues of a theoretical-legal and practical nature are quite sporadically presented. Mostly scientific works have a narrow spectrum of scientific knowledge, investigating one or another legal aspect of intellectual property. The same can be said about the development of intellectual property research. Mostly, they are separated from each other, which is due to the lack of unified conceptual foundations of promising directions for the development of scientific research of intellectual property. This confirms the need, on the one hand, to strengthen theoretical and legal studies of intellectual property as a legal phenomenon, and on the other hand, to emphasize the importance of conceptualizing such scientific studies, the basis of which should be the appropriate methodological approach or their combination. [ABSTRACT FROM AUTHOR]

This document provides a summary of the subject matter eligibility standard in United States patent law and the ongoing debate surrounding it. It discusses the historical evolution of the standard and highlights four modern cases that have shaped it. The article also examines the Patent Eligibility Restoration Act of 2023, which aims to amend the standard, and argues against its adoption, citing concerns about broad patents and potential hindrance to innovation. The text further explores the categories of patent-ineligible subject matter and emphasizes the importance of practical application in the patent process. It concludes by discussing the criticism and support for the current standard and the proposed changes. [Extracted from the article]

A patent is a form of state monopoly granted to the owner of an invention. A patent rewards its owner with exclusive rights in exchange for innovation ('quid pro quo') for a limited period of time. These exclusive rights allow the patent holder to prohibit others from using the patented invention, helping to recover their research and development (R&D) costs and thereby create an incentive for further innovation. However, patents can hinder technical progress if no restrictions are imposed. Therefore, exceptions and restrictions exist to balance patent protection with the right to freedom of research under Art. 13 of the EU Charter. The most important exceptions are the so-called Bolar and research exemptions. The Bolar exemption allows generics manufacturers to seek authorization or approval under pharmaceutical law before a patent expires, enabling market entry immediately after patent expiration. The research exemption permits the use of patented inventions for research purposes. These two exceptions are increasingly important due to a shift in patent law favoring patent holders through simplified procedures and expanded rights. This article briefly outlines the history and application requirements of these two exemptions and the limits and restrictions to be observed. It also discusses the national differences in application of the Bolar and research exemptions within Europe and the new Art. 27 UPCA introduced in June 2023. Finally, the proposed amendments published in April 2023 as part of the new European pharmaceutical package will be discussed. [ABSTRACT FROM AUTHOR]

The microwave free-space technique is an important method to characterize material properties in the scientific fields and actual applications. A microstrip patch antenna is a good radiating element to construct a compact, low-cost free-space setup. It is necessary to clarify the effects of different properties of radiating patch antenna. In this study, microwave attenuation and phase shift are measured with patch antennas with different radiated microwave power and gain. Both the experimental results of attenuation and phase shift show that a high gain of the radiating elements is helpful to measure the microwave parameters in the free-space method accurately, while improving radiating power has less effect. [ABSTRACT FROM AUTHOR]

Innumerable inventions implicate public health--including drugs, vaccines, dietary supplements, and sewage treatment plants. Over the past century, the Patent Office and the courts have modulated the ability to obtain or enforce patents for these inventions--whether in response to a public health crisis or to protect the credulous public from unscrupulous inventors. While normative and policy-based arguments can justify these interventions, they've disrupted the delicate balance of two competing policy objectives in patent law--enhancing public welfare and promoting innovation. This Article offers a new approach for courts to protect public health in patent cases--by making public health an affirmative defense to infringement. If the patent owner has engaged in invention-related egregious misconduct that's jeopardized public health, the court could render the patent unenforceable by dismissing the lawsuit. Or the court could render the patent temporarily unenforceable until the misconduct ceases and its ill effects on public health dissipate. This proposal aligns with the increasing use of equitable remedies in patent disputes and raises interesting normative and policy questions about the role of public health issues in patent law. [ABSTRACT FROM AUTHOR]

Mergers and acquisitions (M&As) are one of the most practised inorganic strategies to multiply economic profits, acquire new product capabilities, expand markets, diversify risk and bring synergistic gains. The purpose of the study is to review the literature related to companies' financial analysis, pre and post-M&A after the Patents (Amendment) Act, 2005. The study follows a systematic literature review (SLR) process where 128 research publications from 2005–2020 are examined after applying the required review protocols. SLR found a deficient practical contribution of the limited literature on the three perspectives, namely, from accounting, productivity and managerial perspectives at the international level. Furthermore, there is also a dearth of studies from the three perspectives for the Indian Pharmaceutical Industry (IPI) post the Patents (Amendment) Act, 2005. This review finds that there is a need for a unified approach for evaluating the success of M&A in IPI. Future studies can encourage research that ties these three perspectives to a common thread and furnishes a holistic approach for analysis. It will further bolster the research to provide practical insights to companies' rooting for a robust financial analysis. [ABSTRACT FROM AUTHOR]

Despite the common belief that the granting of a patent is a neutral act, patent protection is intended to encourage technological innovations that are acceptable from an ethical point of view: in fact, both international and supranational legislation exclude from patentability inventions whose commercial exploitation would be contrary to ordre public, a notion that certainly encompasses also the prevention of serious damage to the environment. However, the provisions excluding the patentability of inventions whose commercial exploitation is contrary to ordre public (and in particular to environmental ordre public) have rarely been applied in Europe. After outlining the reasons why ordre public exceptions have had very limited application in Europe so far, the paper offers a new perspective through which such exceptions should be interpreted and suggests how patent offices can play a new and more decisive role in promoting environmentally sustainable innovation. [ABSTRACT FROM AUTHOR]

Nitrogen fertilizers have revolutionized agriculture since the early 20th century and made a decisive contribution to combating world hunger. Nevertheless, the technology is controversial today because production is energy-intensive and contributes significantly to climate change. In addition, conventional fertilizers pollute groundwater, rivers and coastal waters. Synthetic nitrogen fertilizer is made from ammonia (NH3) produced by the Haber-Bosch process, for which a patent was filed with the German Imperial Patent Office in 1908 (DE235421). For the urgently needed development of modern climate-friendly fertilizers, patent law seems to have played a minor role so far. The large and patent-active agrochemical corporations in the industrialized countries are focusing on other technologies, leaving fertilizer production to companies with direct access to energy below the global market price. Another reason is the very generous regulation of nitrogen fertilizers. For farmers, the use of less climate-damaging fertilizers is not worthwhile. However, the disruption of supply chains in the wake of Russia's aggression in Ukraine and the aggravation of climate change could lead to a rethink. In the US, the first support programs for the development of climate-friendly, innovative 'next-generation' fertilizers have been launched. This paper examines the interplay of patent law in concert with regulatory law and government funding tools in the area of innovative fertilizers. It starts from the hypothesis that other legal frameworks have a stronger influence on innovation activity than patent law at the moment. But this could change if the regulatory framework were to impose stricter requirements for the use of fertilizers. [ABSTRACT FROM AUTHOR]

What accounts for the common perception that women have contributed little to advances in entrepreneurship and innovation in Britain during the early industrial era? This paper empirically examines the role of gender diversity in inventive activity during the first and second industrial revolutions. The analysis of systematic data on patents and unpatentable innovations uniquely enables an evaluation of women's creativity within both the market and nonmarket sectors. British women inventors were significantly more likely than men to focus on unpatentable innovations in consumer final goods and design‐oriented products that spanned art and technology, and on uncommercialized improvements within the household. Conventional approaches that fail to account for nonmarket activity and for such incremental changes in consumer goods and design innovations therefore significantly underestimate women's contributions to household welfare and overall economic progress. [ABSTRACT FROM AUTHOR]

Intellectual Property Rights (IPR) are exclusive rights granted by the state to individuals or groups to safeguard their intellectual works. Such works may include inventions, works of art, writings, designs, and trademarks, among others. In Indonesia, IPR is regulated by several laws, including the Patents Law (Law Number 13 of 2016), Copyright Law (Law Number 28 of 2014), and Marks and Geographical Indications Law (Law Number 20 of 2016), among others. These rights encompass copyrights, patents, trademarks, industrial designs, trade secrets, and other related rights. The purpose of IPR protection is to encourage innovation and creativity by providing legal protection for the fruits of intellectual labor, thereby enabling individuals and organizations to reap the benefits of their efforts. The research method used to write this is a normative legal research method. This study found that copyright infringement of two-dimensional artwork and NFT is a form of crime in the digital economy caused by weak legal regulations in cyberspace. Although regulated by the Copyright Law and ITE, protection of digital artwork in Indonesia is still inadequate. This study emphasizes the need for more comprehensive regulations to protect digital artwork and NFT in Indonesia. Stronger regulations will help prevent copyright infringement, provide legal certainty for creators, and strengthen Indonesia's position in the digital economy. [ABSTRACT FROM AUTHOR]

The increasing use of Artificial Intelligence (AI) technologies in inventive processes raises numerous patent law issues, including whether AI can be an inventor under law and who owns the AI‐generated inventions. The UK Supreme Court decision in Thaler v Comptroller of Patents, Designs and Trademarks has provided an ultimate answer to this question: AI cannot be an inventor for the purposes of patent law. This note argues, first, that while such a human‐centric approach to inventorship might discourage the use and development of AI technologies with autonomous invention capabilities, it will help retain an active human involvement in technologically supported inventive processes and continuously foster human ingenuity. Second, despite the Court focusing on what patent law is and not on what the law should be, the decision will be influential in the ongoing discussions on the future of patent law and will make it more difficult to expand patent law to incorporate non‐human inventors. Third, the decision has opened, or revealed, the gaps in patent law that the emergence of AI technologies have created and for which new legal solutions will be needed, especially with relation to the ownership of AI‐assisted inventions and the validation of inventorship claims. [ABSTRACT FROM AUTHOR]

The project now known as Governing Knowledge Commons, or GKC, was launched more than 15 years ago on the intuition that skepticism of intellectual property law and information exclusivity was grounded in anecdote and ideology rather than in empiricism. Structured, systematic, empirical research on mechanisms of knowledge sharing was needed. GKC aimed to help scholars produce it. Over multiple books, case studies, and other work, the scope of GKC has expanded considerably, from innovation to governance; from invention and creativity to data, privacy, and markets; and from social dilemmas focused on things to governance strategies directed to communities and collectives. This short Article describes the origins, functions, successes, limitations, and ambitions of GKC research, aligning it with questions of law as well as with the many roles of information in 21st century society. [ABSTRACT FROM AUTHOR]

The article examines the challenges in combating climate change, emphasizing the need for innovative technologies like Direct Air Capture (DAC) that can remove carbon dioxide from the atmosphere rather than merely reducing emissions at the source. Topics include the role of patent law in hindering DAC innovation, the effectiveness of DAC technology compared to traditional methods, andregulatory solutions to facilitate its development in efforts to mitigate greenhouse gas emissions.

Background: Rudraksha has excellent mineral characteristics, making it a smart medication and smart nutrition. In Ayurveda, the highly prized plant is believed to have sprung from Lord Shiva's tears, offering tremendous therapeutic and astrological advantages for human existence. Methodology: To conduct a thorough evaluation of the literature, databases from Springer, Elsevier, PubMed, and Science Direct were used. Result and Discussion : In addition to its scientific use, Rudraksha has unique characteristics that make it possible to heal a wide range of incurable ailments. It also serves a significant spiritual function in a man's everyday life. Biochemical analysis, electromagnetic analysis, and chemical composition can provide all the necessary chemical information about rudraksha. Accurate information about its scientific properties reveals that Rudraksha is a highly potent plant that will greatly benefit our medical research. Additionally, traditional mythological and astrological values describe the various types of Rudraksha; generally, each type has 1-14 faces (Mukhi), each with a unique value. Conclusion: Contemporary medicine has utilized the rich pharmacological and therapeutic properties of rudraksha, such as its analgesic, antioxidant, antifungal, antidiabetic, hepatoprotective, immunomodulator and antidepressant properties. [ABSTRACT FROM AUTHOR]

This paper presents a pioneering study that addresses the insufficient attention given to trademark rights in current indices that evaluate the protection of intellectual property rights (IPRs). Our study sets itself apart from previous measures by defining the strength of trademark protection as the level of applicant friendliness within a country's trademark system. We introduce the innovative trademark protection strength (TPS) index, which focuses on 78 countries spanning from 1990 to 2020. Drawing on established theoretical components of the patent system, we deconstruct the TPS index into four distinct dimensions: international mechanisms, legislation, enforcement and administration. Our findings reveal the growth and subsequent stabilisation of global trademark protection strength, with reduced disparities observed after 2005. Importantly, we identify variations in improvement rates among countries with different income levels, thereby highlighting the influence of economic factors. By providing a detailed methodology and transparent construction of the TPS index, we ensure its replicability and potential for future expansion. The index's objective data and extended coverage facilitate the examination of various configurations of IPR systems, policy designs and their impact on the global economy. [ABSTRACT FROM AUTHOR]

This document discusses a court case in Ukraine regarding the deadline for submitting an application for supplementary protection of rights in inventions. The court determines that the patent holder should not be deprived of the opportunity to exercise the right to supplementary protection. The court upholds the claim and orders the implementation of supplementary protection for the patent. The ruling sets a precedent for protecting individual rights and investor confidence in the legal system. [Extracted from the article]

Using freedom of information requests, we examine the operation of the Patents Māori Advisory Committee of Aotearoa New Zealand. The Committee advises the Intellectual Property Office of New Zealand on whether inventions claimed in a patent application are derived from Māori traditional knowledge or from indigenous plants or animals; and if so, whether the commercial exploitation of that invention is likely to be contrary to Māori values. There is limited publicly available information on the operations of the Committee and the decision‐making process undertaken in reviewing applications. The requests and our searches identified 13 patents referred to the Committee, of which most (9 of 13) dealt with inventions related to Mānuka (Leptospermum scoparium), a taonga species known for its role in producing unique honey. Only two applications have been found to be contrary to Māori values, and these applications have both since been abandoned. The review of applications found to be 'not contrary to Māori values' is instructive, identifying important considerations taken into account by the Committee in reaching a decision, including the importance of benefit sharing and engagement with Māori in considering whether an invention may be contrary to Māori values. The analysis highlights the limitations of the Committee in reviewing only those applications filed in Aotearoa New Zealand and referred to the Committee for advice and identifies the importance of mechanisms such as disclosure of origin to ensure all relevant applications are reviewed by the Committee. The paper concludes by highlighting how the operation of the Committee may inform the development of similar bodies in other jurisdictions, such as Australia. [ABSTRACT FROM AUTHOR]

This Paper offers a critical examination of the public policy justification for "march-in" rights, why the federal government has not marched in on federally funded patents, and why it is unlikely the federal government ever will. The examination is grounded in the context of high drug pricing and the COVID-19 pandemic. [ABSTRACT FROM AUTHOR]

We develop a theoretical economic model that establishes the link between fragmented patenting systems in an industry already characterized as a monopoly resulting in continuous/steady monopolistic market structure. We demonstrated that preemptive patenting strategy, by using secondary patenting scheme, may lead to an increase in the number of patents without changing actual number of products on the market. Moreover, when such a strategy is employed by a monopoly, it only serves to sustain and further monopolistic and therefore socially suboptimal market structure. Institutional/legal framework must exist to promote this kind of socially suboptimal behavior and resulting outcomes. [ABSTRACT FROM AUTHOR]

This article examines the statute of limitations applicable to patent infringement actions in China, highlighting open questions that will require legislative and judicial clarification over the coming years. In 2020, the fourth amendment to the Chinese Patent Law introduced a 3-year limitation period, resolving the pre-existing discrepancy with the Civil Code. However, several issues remain open to interpretation and in need of further clarification. These include the commencement of the limitation period, proof of actual or constructive knowledge of the infringement and of the identity of the infringer(s) and the applicable statute of limitations for acts of infringement occurred before the 2020 amendment. [ABSTRACT FROM AUTHOR]

To implement its patent law amended in 2020, China revised the Detailed Rules for the Implementation of the Chinese Patent Law on 11 December 2023. Since the revisions concern many important and controversial topics in the patent field, it is necessary to evaluate how they will impact the interests of patentees and related parties domestically and worldwide, and how China can improve its patent system to not only meet the expectations from Chinese society but also accelerate the innovation process in the world community. To achieve that goal, this report discusses the benefits of the changes, the controversies behind them, the factors and opinions that affected the revisions, as well as the unaddressed issues and problems. Specifically, it highlights the important revisions in the principle of good faith, the request for the delayed examination, the priority system, patent term compensation, international design application, service inventions, and the open licensing system. It then briefly discusses the minor changes in the ex officio examination conducted by the patent administrative department, the patent right evaluation report, information disclosure of generic resources, and the responsibility of the patent administrative department. Meanwhile, this report points out the unsolved issues and problems in the definition of new drugs, the compensation rules for the delays caused by the marketing review of new drugs, the legislative basis of the ex officio examination conducted by the patent administrative department in the patent invalidation procedure, and the reform of the re-examination and invalidation procedures. [ABSTRACT FROM AUTHOR]

This article explores the impact of a patent's title on the extent of its protection in China. The Supreme People's Court recently ruled that the title of a claim does have a limiting effect on the scope of protection, as it is closely linked to the technical features described in the claim. However, this limitation is distinct from the specific limitations imposed by the technical features themselves. The article provides examples and scenarios to illustrate how the title can describe or imply specific technical features and distinguish the invention from prior art. It also analyzes a patent infringement case between Geekplus and Hai Robotics, where the court determined that Hai Robotics' method of locating storage bins did not infringe on Geekplus' patent for locating shelves in a warehouse. The court upheld the original judgment and dismissed Geekplus' appeal. [Extracted from the article]

Recital 27 of the European Union Directive 98/44/EC on the Legal Protection of Biotechnological Innovations mandates the disclosure of the geographical origin of biological material when the invention is based on or incorporates such material. This requirement seeks to monitor the origin of biological materials, often linked to indigenous and local communities, to ensure prior informed consent and equitable benefit-sharing with resource providers. Several European countries, such as Switzerland and Norway, legally require this disclosure, and the Draft International Instrument of the World Intellectual Property Organization is poised to expand the list of nations with such requirements. However, the definition of 'origin' presents challenges for patent applicants, as it may refer to the primary source (e.g. indigenous and local communities, the country of origin) or secondary sources (e.g. ex situ plant collections or commercial suppliers). Moreover, defining the information to be disclosed as the origin is crucial for the credibility of disclosure statements. To address this issue, this article pioneers a social network analysis approach to the issue of biopiracy and disclosure of origin. It introduces the network-centric narratives of 30 prominent cases of biopiracy from South and Southeast Asia, Latin America, and Africa, and unveils the average distance between the nodes previously accused of biopiracy and the nodes that correspond to the origin of the biological material in question. By highlighting the role of intermediaries in distorting information within material distribution networks, the findings contest the feasibility of requiring patent applicants to provide information on both primary and secondary sources. [ABSTRACT FROM AUTHOR]

Achieving sustainable development targets requires major changes in the existing economic structure and a transition from a pollution‐intensive energy system to a clean one. The role of the digital economy (DE) in this regard has received much attention in recent eras. However, there is little literature investigating the relationship between the DE and the energy transition in the presence of technological innovation. This study's aim, grounded in the sustainability agenda, is to explore the possible impact of DE and technological innovation on the energy transition for the BRICS nations from 2003 to 2021. Using the most recent Moments Quantile Regression method, the results reveal that the DE can contribute significantly to achieving SDG‐7 by promoting energy transition. While technological innovation does not significantly influence the energy transition. Moreover, economic development is hindering the energy transition in the BRICS countries. Several alternative estimation methods have been applied to confirm the robustness of the results. The empirical results conclude that governments should build digital infrastructure and encourage innovation in the energy sector by supporting energy‐related patents. The detailed policy implications are presented in the study. [ABSTRACT FROM AUTHOR]

Joint innovation across countries plays a vital role in international networks of knowledge-intensive businesses. We study how the cultural backgrounds of collaborators influence success in international innovation. Intercultural proximity implies shared values and norms that can engender trust and cooperation in innovation. However, social fragmentation can induce conflict and mistrust, whereas joint innovation can progress through the tolerance and acceptance of different views. Our gravity model analysis of international patent cooperation data shows that social fragmentation complements intercultural proximity along the social identity dimensions of religion, ethnicity, and language to promote joint innovation. Intercultural proximity operates through trust, especially for countries with weak intellectual property rights laws, while social fragmentation operates through tolerance and acceptance, especially for countries with strong IPR laws. Economic strength, trade, and institutional differences are also important predictors of collaborative innovation. We confirm that geographical distance between countries lowers cooperation, but it cannot explain away the positive effects of intercultural proximity and social fragmentation. Plain English Summary: Co-innovation increases with intercultural proximity – and even more so when countries are socially fragmented. International joint innovation allows knowledge-intensive businesses to synergistically draw upon the ideas, expertise, and experience of innovators from their respective cultures (countries). However, such collaborations are often hampered by the uncertainty of partner exploitation and free-riding especially in the absence of formal institutions such as strong intellectual property rights (IPR) protection. In such cases, while intercultural proximity (e.g., along the dimensions of religion, ethnicity, and language) can promote cooperation through the informal institution of trust, social fragmentation can induce mistrust and in turn hamper collaboration. This is puzzling in light of evidence that fragmentation also promotes innovation. Thus, we empirically show that the positive effect of intercultural proximity operates through trust especially when IPR protection is weak. The positive effect of fragmentation on international patent cooperation operates through tolerance and acceptance especially when IPR protection is strong. This implies that nurturing tolerance and acceptance while strengthening IPR and developing the intellectual property ecosystem in fragmented societies, building intercultural trust, and increasing diversity in countries, alliances, or firms can promote co-patenting success. [ABSTRACT FROM AUTHOR]

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