755 results on '"intellectual property right"'
Search Results
2. The Evolving Role of Copyright Law in the Age of AI-Generated Works
- Author
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J. Hutson
- Subjects
artificial intelligence ,copyright ,copyright protection ,digital technologies ,generative artificial intelligence ,intellectual property right ,law ,machine learning technologies ,prompt engineering ,work of art ,Law - Abstract
Objective: to identify the prospects and directions of copyright law development associated with the increasing use of generative artificial intelligence.Methods: the study is based on the formal-legal, comparative, historical methods, doctrinal analysis, legal forecasting and modeling.Results: the article states that the emergence of generative artificial intelligence makes one rethink the processes occurring in the field of creative activity and the traditional copyright system, which becomes inadequate to modern realities. The author substantiates the necessity of legal reassessment of copyright and emphasizes the urgent need for updated means of copyright protection. Unlike previous digital tools, which expanded human creativity by improving original works, generative artificial intelligence creates content through complex algorithmic processes, blurring the boundaries of authorship and originality. The research shows limitations of existing intellectual property law, as courts deny copyright in works created by artificial intelligence and insist on the need for “human authorship”. Such decisions emphasize the contradiction between existing laws and the reality of co-creation involving artificial intelligence. It is argued that taking into account the creative potential of generative artificial intelligence will facilitate the evolution of copyright law towards hybrid approaches, with artificial intelligence as an integral, albeit secondary, tool. It seems promising to create flexible intellectual property standards that give artists the opportunity to restrict or authorize the use of their works as training data for artificial intelligence, as well as ensure that authors retain control over their works included in datasets for training artificial intelligence, in case copyright metadata is integrated into digital works, etc.Scientific novelty: based on the analysis of the latest judicial precedents, modern international regulations and evolving institutional practices, the author proposes a balanced adaptive approach to copyright reform to ensure the ethical integration of generative artificial intelligence into the creative ecosystem and to develop flexible copyright protection measures that correspond to the rapid technological progress.Practical significance: the proposed combined approach will allow generative AI tools to become part of the human creative process in the same way that previous generations used digital tools. At the same time, it will contribute to the creation of an environment where the autonomy of authors is respected. This will not only protect the creators of creative content, but also broaden the understanding of creativity as a collaboration with generative artificial intelligence, where artificial intelligence is positioned as a force that complements but not replaces humans in creativity.
- Published
- 2024
- Full Text
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3. The Difficulties and Developments around Intellectual Property Rights (IPR) in the Modern Era
- Author
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Kumar, Anuj, Thapa, Ravi Singh, Yadav, Sanjay, Sweety, and Pratap, Dharmendra
- Published
- 2024
- Full Text
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4. Copyright, Publishing, and Knowledge Economy in Modern China
- Author
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Wang, Fei-Hsien
- Published
- 2024
- Full Text
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5. Intellectual property rights and human rights - A study on its inter-relationship.
- Author
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Sharma, Divakar
- Subjects
RIGHT to health ,INTELLECTUAL property ,MEDICAL patents ,SOCIAL & economic rights ,CULTURAL rights - Abstract
Human rights and intellectual property, two subjects of law that were once strangers, are now becoming increasingly close. These two subjects have developed in virtual isolation from each other. But in the last few years, international standard setting activities have begun to map previously uncharted intersections between intellectual property laws on the one hand and human rights law on the other. This paper explores into the question whether there is a relationship between Human Rights and Intellectual Property Right and if there is a relationship whether there is a conflict or coexistence between the two. This paper revels about how historically both Human Rights and Intellectual Property Rights were considered two different isolated branches of law though IPR being mentioned under various instruments including under Article 15 of International Covenant on Economic, Social and Cultural Rights and Article 27 of the Universal Declaration of Human Rights. Further it talks how this relationship was developed with the help of various instruments and realizing the relationship between the same. It also delves with the vague relationship between IPR and Indian Constitution. Further concluding this paper, the researcher mentions about the relationship of IPR between human rights of Right to Education. It also talks about relationship between Medical Patents and Right to Health. Relationship of Human Rights and IPR have to be re-examined because of various impacts of human rights and IPR such as the right to health have become much more visible following the adoption of the TRIPS Agreement. [ABSTRACT FROM AUTHOR]
- Published
- 2024
6. Sabinus' 'Something Hooge': A Question of Privacy Right, Image Right or Intellectual Property Right?
- Author
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Fapetu, Oluwaseun Samson and Oluduro, Olubayo
- Abstract
The paper examines the trio concepts of privacy, publicity and intellectual property rights as they interplay in determining if there is recourse to the perceived right of a celebrity to protect what he believes to be undue exploitation of his creation by commercial entities to the latter's economic advantage from the spectrum of a very interesting claim by Sabinus in 2022. The paper examines the extant positions of these three concepts of law and the relationship between them reflecting on the position of law in foreign jurisdiction. It observes that although there are convergent points, these concepts are independent of one another and may provide different protection for celebrities and creators to protect their creations. The paper also finds that even though the Nigerian courts recognises the need for the protection of publicity right under common law, it fails to recognise that the right has been available within the Nigerian legal system. The paper also finds that the current legal regime may be hostile to creators while recognising that there is also a need to balance the regime against illegitimate and gold-digging claims. The paper advocates for a recognition of image right to encourage protection of economic exploitation of publicity in Nigeria. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
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7. Bioprospecting of Plant Diversity in India: Trends from CBD to the Present and Prospects in Traditional Medicine-Based Drug Discovery
- Author
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Ijinu, T. P., Krishnakumar, N. M., Navas, M., Nair, Vinodkumar T. G., Rajasekharan, S., Pushpangadan, P., Krishna Panicker, Laladhas, editor, Nelliyat, Prakash, editor, and Oommen, Oommen V., editor
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- 2024
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8. Intellectual Property Over Mutant and Gene Edited Plants
- Author
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MacDonald, Hamish, Jamali, Seyed Hossein, Amer, Mourad, Series Editor, Pollice, Fabio, Editorial Board Member, Darko, Amos, Editorial Board Member, Ujang, Muhamad Uznir, Editorial Board Member, Rodrigo-Comino, Jesús, Editorial Board Member, El Kaftangui, Mohamed, Editorial Board Member, Battisti, Alessandra, Editorial Board Member, Albatayneh, Aiman, Editorial Board Member, Turan, Veysel, Editorial Board Member, Doronzo, Domenico M., Editorial Board Member, Morsy, Alaa M., Editorial Board Member, Yehia, Moustafa, Editorial Board Member, Di Stefano, Elisabetta, Editorial Board Member, Salih, Gasim Hayder Ahmed, Editorial Board Member, Michel, Mina, Editorial Board Member, Vishwakarma, Vinita, Editorial Board Member, Mortada, Ashraf, Editorial Board Member, Mehmet, Alkan, Editorial Board Member, Jat, Mahesh Kumar, Editorial Board Member, Gallo, Paola, Editorial Board Member, AREF, M. M. El, Editorial Board Member, Hamimi, Zakaria, Editorial Board Member, Elewa, Ahmed Kalid, Editorial Board Member, Trapani, Ferdinando, Editorial Board Member, Alberti, Francesco, Editorial Board Member, Maarouf, Ibrahim, Editorial Board Member, Soliman, Akram M., Editorial Board Member, and Kumar, Nitish, editor
- Published
- 2024
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9. Bridging the artificial intelligence inventorship gap
- Author
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J. Wu
- Subjects
gaps in law ,intellectual property right ,invention ,artificial intelligence ,Economics as a science ,HB71-74 ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
Objective: to study the gaps in the legal regulation of relations in the sphere of inventions made by artificial intelligence.Methods: dialectical approach to cognition of social phenomena, allowing to analyze them in historical development and functioning in the context of the totality of objective and subjective factors, which predetermined the following research methods: formal-logical and sociological.Results: in Thaler v. Vidal, the U.S. Court of Appeals for the Federal Circuit ruled that an artificial intelligence (AI) machine cannot be an inventor under patent law. This decision leaves open the question of whether a natural person can be the legal inventor of AI-generated inventions. This is a pressing question because it decides whether AI-generated inventions are patentable, as no patent rights can exist without an inventor. Scholars have proposed two doctrines that might resolve this question: the doctrine of simultaneous conception and reduction to practice and the doctrine of first to recognize and appreciate. This article analyzes the two doctrines and argues that neither doctrine readily applies to AI-generated inventions, thereby leaving an “inventorship gap”.Scientific novelty: the article is the first to pose and solve the problem of legal regulation of inventions made with the help of artificial intelligence and to state the need for the U.S. Congress to amend the copyright law in terms of recognizing a physical person who uses artificial intelligence to generate inventions as the author of such inventions. It bridges the gap in legal regulation of relations in the sphere of inventions and patenting and facilitates the goals of the patent system.Practical significance: the main provisions and conclusions of the article can be used in scientific, pedagogical and law enforcement activities when considering the issues related to the legal regulation of relations in the sphere of inventions made by artificial intelligence.
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- 2024
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10. ЗИЯТКЕРЛІК МЕНШІК САЛАСЫНДАҒЫ ҚҰҚЫҚТАРДЫҢ ҚҰҚЫҚТЫҚ МИРАСҚОРЛЫҒЫ.
- Author
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Амангельды, А. А. and Дюсебаев, Т. Т.
- Abstract
Copyright of Journal of Actual Problems of Jurisprudence / Habaršy. Zan̦ Seriâsy is the property of Al-Farabi Kazakh National University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
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- 2024
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11. مطالعه تطبیقی حق مالکیت فکری اثر هنری در ایران و هند؛ اطلاع رسانی و آموزش.
- Author
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پریسا شاد قزوینی and پینکی چادها
- Abstract
Intellectual property rights (IPR), encourage the artists to make financial and spiritual benefits from their work. Many countries, have not been successful in protecting their artistic society regarding IPR. This article deals with comparatively studying the IPR, systems and their enforcement and execution in the artistic society. The major approaches are education and awareness in IPR. India and Iran have gone through common experiences over the past century, thus are comparable, and are selected as good cases here. The main question is: how the artists have been protected legally by their countries? And how are education and information comparable in the two countries. The research tool is questionnaire made by a five-point Likert scale; statistical population is visual artists aged 20 to 60 years in Iran and India, and made available to 120 people by sampling method, and data were analyzed using SPSS software version 25. To conclude, the two countries did not act the same, and India have had better management in enforcing the law through education and information. The awareness of the community and artists about IPR enables them to consider the artworks as a valuable commodity and to be sensitive to its importance and credibility. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
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12. ЮРИДИЧНА ОЦІНКА НАСЛІДКІВ ЗАВДАННЯ ШКОДИ МАЙНОВИМ ІНТЕРЕСАМ УКРАЇНИ ВНАСЛІДОК РОСІЙСЬКОЇ АГРЕСІЇ
- Author
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О. А., Музика-Стефанчук, Л. А., Музика, and М. О., Стефанчук
- Abstract
The article provides a legal assessment of the consequences of damage to the property interests of Ukraine as a result of Russian aggression, and analyzes the problematic issues of financial and property losses that Ukraine has suffered since 2014 and up to now. The problem of the nationalization of state, communal and private property in the occupied and annexed territories of the Russian Federation in Ukraine, in particular the nationalization of the property of the international children's center "Artek", PJSC "Ukrtelecom", the company "Kyivstar", etc., was analyzed on the basis of specific examples, and the issue of confiscation of the property of Ukrainian church communities was investigated. Controversial points regarding the reregistration of Ukrainian legal entities (budgetary and charitable organizations) were considered. Attention is also focused on the problems of the financial system of Ukraine, which suffered significant losses due to Russian aggression. In particular, the peculiarities of the activities of banks in the territories of Ukraine occupied by Russia, which suffered significant losses, were analyzed. It is noted that during 2014 there was a mass closing of accounts and withdrawal of deposits by customers in the occupied territories, which led to a reduction of the resource base of the country's banking system by 8.5 billion dollars. At the same time, banks lost control over assets in the occupied territories. The issue of creating a free economic zone in the temporarily occupied part of the territory of Ukraine in 2014 is important. The adoption of the relevant Law of Ukraine on the creation of the free economic zone "Crimea" and on the peculiarities of economic activity in the temporarily occupied territory of Ukraine from August 12, 2014 was not accepted by experts, the Crimean Tatar people, and society as a whole. In the end, the Law was recognized as having lost its validity in 2021. Attention was also paid to some aspects of taxation of real estate located in temporarily occupied territories, especially in cases where citizens of Ukraine cannot use their property due to the occupation of certain territories or its use is dangerous to life. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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13. Intellectual property rights protection and survival risk – historical evidence from Chinese R&D firms.
- Author
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Zongke, Bao, Chengfang, Wang, and Qiaoxin, Xie
- Subjects
- *
INTELLECTUAL property , *EVENT history analysis , *INNOVATIONS in business , *BUSINESS enterprises , *TECHNOLOGICAL innovations - Abstract
The firm survival risk is essential to intellectual property strategy implementing in China, however only a few studies focus on this problem. The paper investigates the effect of intellectual property rights protection system (IPR) on survival risk. Specifically, we use an event history analysis to track 8486 firms entering the market from the year 2000, and employ computing methods of the time-dependent Cox model. One important finding from this study is that the survival risks of R&D firms can be reduced approximately 22.57% by every additional unit of intellectual property, and the marginal effect raises to 28.33% with the exclusion of the administrative factors. Another important finding is that the relationship between IPR protection and survival risk is affected by R&D revenue. Finally, the survival risk for all those firms with substantive innovation rather than strategic innovation can be greatly affected by IPR system. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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14. Digital Transformations of the South African Legal Landscape
- Author
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W. M. Mokofe
- Subjects
artificial intelligence ,cybercrime ,digital technologies ,intellectual property right ,judicial practice ,law ,legislation ,online dispute resolution ,personal data protection ,south africa ,Law - Abstract
Objective: South Africa is a country with great potential for intensive development due to the active growth and adoption of digital technologies. The rapidly emerging digital landscape is transforming the legal framework, which in turn influences the digital environment. This transformative relationship determined the focus of the research, which is to identify the legal system adaptability under dynamic changes, as well as the legal landscape evolution under digitalization and technological progress.Methods: the study of the changing legal landscape required an interdisciplinary approach that combines legal analysis with ideas from sociology, economics, etc. In doing so, the formal-legal method was used to examine the key legal instruments shaping South Africa's digital environment and providing the opportunities and challenges of the interaction between digital technologies and South African law.Results: the paper provides insights into how the South African legal system is addressing digital challenges; assesses the integration of digital innovations into the legal system; highlights the transformative impact of digital technologies on traditional legal processes, including collecting evidence, dispute resolution and access to justice. Finally, it evaluates the role of digital technologies in making legal processes more efficient.Scientific novelty: the study contributes to the ongoing debate on the complex relationship between digital technologies and South African law. It shows how South African law is coping with digital complexities and substantiates new insights into the transformation of the traditional legal paradigm as a result of digitalization, as well as its implications for legal proceedings and access to justice. By delving into the adaptations, challenges and innovations arising at the intersection of law, technologies and digitalization, insights are gained into how South African law navigates the dynamic digital landscape.Practical significance: adapting the legal landscape to digitalization and technological advances is critical to ensure rapid technological progress. It also requires collaboration between government agencies, civil society, experts in law and technology. The study provides valuable recommendations and suggestions for policymakers, legal practitioners and stakeholders shaping South Africa's legal ecosystem. The author addresses the challenges of ensuring personal data privacy, enhancing electronic interactions, and countering cybercrime. The importance of introducing technological achievements while maintaining robust legal safeguards is emphasized.
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- 2023
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15. Intellectual property in Malaysia: Initiatives, challenges & real infringement cases
- Author
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Azizan, Azwa Fariza, Adnan, Wan Nur Aisyah Wan, Johari, Razana Juhaida, Jamaluddin, Adibah, and Ismail, Tariq Hassaneen
- Published
- 2023
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16. Authors’ Moral Rights in the Digital Environment
- Author
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E. Sápi
- Subjects
artificial intelligence ,author’s moral rights ,copyright ,digital environment ,digital technologies ,intellectual property right ,law ,non-fungible tokens (nft) ,protection of copyright ,social networks ,Law - Abstract
Objective: to answer the question whether the authors’ moral rights the in the digital environment correspond to their original purpose, and to determine the impact of the development of social networking platforms, artificial intelligence technologies and non-fungible tokens (NFT) on the transformed role and features of the protection of the author’s moral rights under modern conditions.Methods: the research is based on historical-legal, comparative-legal and formal-dogmatic methods. Legal institutions and legal practice on the issue of protection of the author’s moral rights are subjected to critical analysis.Results: the genesis and normative fixation of the author’s moral rights are investigated in historical retrospect. It is noted that at present the protection of these rights is insufficiently regulated at the international level, while national copyright law, for example, of continental European states, provides a sufficiently strong protection of the author’s moral rights; however, the effectiveness of the latter is weakening in the digital age. The paper analyzes the changing landscape of copyright relations caused by technological progress: in social networks, in the generation of works by artificial intelligence, and in the creation of digital works of art. The thesis is substantiated that the author’s moral rights are undesirable in the context of social platforms. The paper proposes solutions to the issues of authorship of works created by artificial intelligence, violation of author’s rights, and integrity in case of full or partial borrowing of a work to generate a new work by artificial intelligence. The role of NFT technologies in solving the problem of preserving the author’s moral rights is defined.Scientific novelty: the work fills a gap in research on the relationship between copyright and technological development. It identifies and evaluates the innovations in the purpose and content of the author’s moral rights, caused by the processes of digitalization, and attempts to solve the problem of the author’s rights compliance with technological progress.Practical significance: the obtained results may serve as a conceptual basis for further development and improvement of national legislation and international legal regulation in the field of copyright protection, transformation of the objectives, role and place of the author’s moral rights in the digital environment.
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- 2024
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17. Чи може колір бути торговельною маркою?
- Author
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К. І., Демко
- Abstract
The publication updates the issue of intellectual property of colors and highlights the main changes regarding non-traditional trademarks that have taken place in the world in recent years. The article examines the American, European, and Ukrainian practice of registering colors as nontraditional signs and analyzes the conditions of intellectual property protection in the era of the post-industrial digital society. It is noted that today many companies consider one or more colors to be characteristic features of their brands and seek to protect them from appropriation. And it is not surprising. Marketing methods evolve and keep up with the times. All professional marketers know the influence colors have on people and actively use them [1, p. 4]. They are increasingly playing with clip thinking and the cognitive functions of the human brain. Color is the first thing that the consumer pays attention to. His initial judgments are based on this characteristic. Only then does he see the form and content of the product. Even after a detailed study of the product, the consumer will be actively influenced by the color, because for many, the color of the package is an indicator of quality. In the 21st century, every company tries to create such associations with its brand that are better remembered and emphasize its uniqueness and excellence in the conditions of the information society. The practice of «appropriating» colors is closely related to the struggle of brands for recognition among their target audience and attracting new ones. Obtaining protection for such a specific trademark under trademark law is not easy. De jure, a trademark in the form of a single color or a combination of colors is possible. However, there is still little guidance on the requirements for valid color stamps. That is why there are special difficulties in sufficiently accurate display of such signs. The work includes an overview of the main provisions of international legal acts: the Paris Convention on the Protection of Industrial Property Rights, Regulation (EU) No. 2017/1001 of the European Parliament and of the Council of June 14, 2017, on the European Union trademark, the Langham Act (the US Trademark Act ), etc. Several international precedents are also examined: from Owens Corning defending its shade of pink in 1985 to Nestlé’s battle against Cadbury over a variant of purple. The article notes what criteria must be met by non-traditional trademarks and how Western countries fight the monopolization of colors. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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18. Inheritance, Innovation and High-quality Development of Herbaceous Edible Oils in Hubei Province under the Strategy of Strengthening the Country with Intellectual Property.
- Author
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Li GAO, Yuanpeng SUN, Jin ZENG, Jianjun ZHANG, and Zhiguo SUN
- Abstract
Only by improving the production capacity of domestic herbal edible oil can China ensure the safety of the supply chain of the important industrial chain of vegetable edible oil in China and practice the big food concept. In addition to rice, maize, and soybean for using as grain and oil, there are eight kinds of herbaceous edible oil crops in Hubei Province, including rape, peanut, sesame, sunflower, perilla ( perilla seed), cotton, linen and tiger nut ( Cyperus esculentus). This paper studies the main industries of herbaceous edible oil crops and their intellectual property resources in Hubei Province, and analyzes the main problems of its inheritance, innovation and high-quality development under the strategy of strengthening the country with intellectual property. Finally, it proposes the countermeasures of carrying forward and inheriting traditional knowledge and traditional culture, maintaining the biodiversity of crops, strengthening the creation of new plant varieties and breeding patents, and opening up the whole chain of intellectual property rights. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
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19. Ethics in Publishing
- Author
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Dixit, Uday Shanker, Dixit, Uday Shanker, editor, Echempati, Raghu, editor, and Dey, Sudip, editor
- Published
- 2023
- Full Text
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20. Sui generis system: GI protection for the herbal product in Indonesia as communal property right
- Author
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Fenny Wulandari, Eman Suparman, Miranda Risang Ayu Palar, and Muhamad Amirulloh
- Subjects
sui generis ,geographical indication ,intellectual property right ,communal ,Social Sciences - Abstract
Geographical Indications in Indonesia are also one of the communal property rights regulated in the TRIPs Agreement in addition to communal rights regulated in the Indonesian legal system such as genetic resources, traditional knowledge, and traditional cultural expressions. This is by the provisions that can be categorized as geographical indication applicants, namely institutions that represent communities in certain geographical areas that cultivate goods and/or products from natural resources, handicrafts, and industrial products. Provincial or district/city governments can also be applicants for Geographical Indications. Herbal products are one of the commodities that have the potential to be protected through the Geographical Indication system in Indonesia, not only because of the geographical conditions and tropical climate that enrich the natural resources of herbal products but also because traditional knowledge about herbal products has been used for generations since their ancestors. The Indonesian people already have knowledge of ethnomedicine which is used by various ethnic groups that are spread across tribes in various regions in Indonesia. This extraordinary potential is essentially an asset of the nation or state that must be protected and preserved for its existence and development so that it can be of positive benefit to the community. Especially with the COVID-19 pandemic, which cannot be determined with certainty, the diagnosis and treatment of it, and some recent findings on children suffering from acute kidney failure due to prolonged consumption of chemical drug products.
- Published
- 2023
- Full Text
- View/download PDF
21. Impact of patent quality on enterprises' export competitiveness under the background of big data and Internet of Things.
- Author
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Zhang, Qihang and Jiang, Jie
- Subjects
- *
INTERNET of things , *INTELLECTUAL property , *BIG data , *PATENT applications , *PATENTS - Abstract
After entering the new century, the role of science and technology and innovation in promoting economic development has become increasingly obvious, and the Chinese government has also attached great importance to patent management. With the joint efforts of the people of the whole country, the number of patent applications in China has been among the highest in the world for many consecutive years. However, from the perspective of patent quality, there is still a certain gap with developed countries, resulting in generally low efficiency for Chinese export enterprises. Therefore, it is of great significance to explore the relationship between the quality of patents and the competitiveness of exporting enterprises. Through variance calculation, we constructed a countermeasure system for using intellectual property rights to enhance competitiveness. The experimental results show that the patent quality is proportional to the competitiveness of export enterprises, and the higher the patent quality, the stronger the competitiveness of export enterprises. The development of this study further clarifies the important value of patent quality, which helps export enterprises adjust their development strategies and effectively enhance their competitiveness. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
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22. CASE STUDY OF GEPREK BENSU FRANCHISING DISPUTES FROM INTELLECTUAL PROPERTY LEGAL PERSPECTIVE.
- Author
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Urbanisasi and Halim, Hartaty
- Subjects
INTELLECTUAL property ,COMMERCIAL courts ,DISPUTE resolution ,PROMISSORY notes ,TRADEMARKS ,DISTRICT courts ,TRADE secrets - Abstract
A trademark dispute between Benny Sujono and Ruben Onsu regarding the use of the name "Bensu" in their brand led to a dispute over trademark ownership rights. Benny Sujono, the original owner of the "I Am Geprek Bensu" brand, sued Ruben Onsu at the Central Jakarta Commercial Court regarding the use of the "Bensu" frill in the "Geprek Bensu" brand owned by Ruben Onsu. This dispute reflects the importance of protecting intellectual property rights, including trademarks, in the business world. This case involves a court and a legal process that will determine the ownership rights of the "I Am Geprek Bensu" and "Geprek Bensu" trademarks, as well as whether Ruben Onsu's use of the trademark violates Benny Sujono's ownership rights. The results of this study explain that the settlement of intellectual property rights disputes over the culinary business brand Geprek Bensu with I Am Geprek Bensu based on the Commercial District Court has been decided by decision Number 57/Pdt. Sus. Brand/2019/PN Niaga Jkt Pst.) This trial will play an important role in resolving disputes and determining the ownership rights to the trademarks concerned. [ABSTRACT FROM AUTHOR]
- Published
- 2023
23. Unleashing India's inventive capital: intellectual property as loan collateral.
- Author
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Upadhyay, Divya
- Subjects
- *
INTELLECTUAL property , *INTELLECTUAL capital , *PAWNBROKING , *LEGAL procedure , *COLLATERAL security - Abstract
India's knowledge economy thrives on innovation, but financing such ventures requires alternatives to traditional tangible asset-based collateral. This paper explores the potential of intellectual property (IP) as a viable option. While challenges in valuation and enforcement exist, IP holds significant value. It is argued that IP acts as a two-pronged signal for lenders. Strong IP portfolios indicate a borrower's creditworthiness, while the potential loss of valuable IP discourages defaults. However, India's regulatory framework presents hurdles. Streamlining legal procedures, empowering financial institutions to assess IP value, and establishing centralised registries for recording security interests are crucial first steps. Risk mitigation strategies are equally important. Government-backed risk-sharing programmes and promoting IP insurance can incentivise banks and protect all parties. Finally, educating businesses about IP financing opportunities unlocks this avenue for securing funding. By addressing these challenges, India can create a robust environment for IP-based collateral, thereby fuelling economic growth and technological progress. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
24. Designing Openness With Technology and IP
- Author
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Holgersson, Marcus, Chesbrough, Henry, book editor, Radziwon, Agnieszka, book editor, Vanhaverbeke, Wim, book editor, and West, Joel, book editor
- Published
- 2024
- Full Text
- View/download PDF
25. The Relationship Between Intellectual Property Rights, Innovation, and Economic Development in the G20 and Selected Developing Countries
- Author
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Gyedu, Samuel, Tang, Heng, Menyah, Michael Verner, and Kissi, George Duodu
- Published
- 2024
- Full Text
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26. Access and Benefit Sharing in Indigenous Knowledge Stewardship and Sustainable Development
- Author
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Ijinu, T. P., Rajasekharan, S., George, V., Pushpangadan, P., Oommen, Oommen V., editor, Laladhas, K. P., editor, Nelliyat, Prakash, editor, and Pisupati, Balakrishna, editor
- Published
- 2022
- Full Text
- View/download PDF
27. Intellectual property rights policy against imitations of product innovations under vertical product differentiation
- Author
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Ikeda, Takeshi
- Published
- 2023
- Full Text
- View/download PDF
28. Libraries and IPR in digital environment
- Author
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Chauhan, Kaushal
- Published
- 2021
29. Sui generis system: GI protection for the herbal product in Indonesia as communal property right.
- Author
-
Wulandari, Fenny, Suparman, Eman, Palar, Miranda Risang Ayu, and Amirulloh, Muhamad
- Abstract
Geographical Indications in Indonesia are also one of the communal property rights regulated in the TRIPs Agreement in addition to communal rights regulated in the Indonesian legal system such as genetic resources, traditional knowledge, and traditional cultural expressions. This is by the provisions that can be categorized as geographical indication applicants, namely institutions that represent communities in certain geographical areas that cultivate goods and/or products from natural resources, handicrafts, and industrial products. Provincial or district/city governments can also be applicants for Geographical Indications. Herbal products are one of the commodities that have the potential to be protected through the Geographical Indication system in Indonesia, not only because of the geographical conditions and tropical climate that enrich the natural resources of herbal products but also because traditional knowledge about herbal products has been used for generations since their ancestors. The Indonesian people already have knowledge of ethnomedicine which is used by various ethnic groups that are spread across tribes in various regions in Indonesia. This extraordinary potential is essentially an asset of the nation or state that must be protected and preserved for its existence and development so that it can be of positive benefit to the community. Especially with the COVID-19 pandemic, which cannot be determined with certainty, the diagnosis and treatment of it, and some recent findings on children suffering from acute kidney failure due to prolonged consumption of chemical drug products. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
30. Indonesia’s Creative Economy Agency’s Communication Strategy in Supporting Creative City
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Prayudi Prayudi, Kartika Ayu Ardhanariswari, and Ninik Probosari
- Subjects
communication strategy ,creative city ,creative economy ,intellectual property right ,Communication. Mass media ,P87-96 - Abstract
The creative economy as the basis for a city to grow has led to a concept of creative city. Communication and support from all stakeholders, including the government, economic actors, academics, and the community, are necessary to foster creative behavior in the city’s economy. This paper examined the Indonesian government’s role through its creative economy agency in engaging relevant stakeholders through its communication campaign program. This paper employed a qualitative research analysis to identify the communication strategy. Interview, participatory observation, and library study were data collection tools. The research finding shows that the creative economy agency adopted the communication campaign strategy, consisting of situation analysis, plan, implementation, and assessment. A campaign program called “socialization and facilitation of registration of intellectual property rights for creative economic actors” had enabled creative actors to build awareness regarding the necessity of having their intellectual property protected, which becomes the basis for the creative city.
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- 2022
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31. Development Prospects and Benefits of Production of Goods with the Geographical Indication 'Melitopol Cherry'
- Author
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Chernukha Tetiana S. and Hovorovska Alisa V.
- Subjects
geographical indications ,intellectual property ,intellectual property right ,“melitopol cherry” ,Business ,HF5001-6182 - Abstract
It is determined under the conditions of modern development of the world economy there is a steady growth of international trade in goods and services that contain an innovative component and are protected by intellectual property rights. It is argued that this ensures the growth of exports of countries with developed market economies and forms a significant component of the national economies of their countries. The main purpose of this article is to study theoretical and practical aspects of functioning of the world intellectual property market. The main trends and features of development of the market for goods with a geographical indication are analyzed. It is noted that nowadays agricultural products of regional origin, which are in high demand due to their unique and original features, are becoming especially relevant. The growth of significance of certified local products and its influence on business development is determined. The main stages of regional branding of local traditional products are characterized and a mechanism for increasing Ukraine’s competitive position on the world market is proposed. The study analyzed the dynamics of indicators related to the use of industrial property in Ukraine, including geographical indications. As a result of the research the importance of economic functions of intellectual property is substantiated and it is proved that the use of its objects is aimed at increasing the competitiveness of an individual enterprise, organization and the State as a whole. The main focus is on the prospects for development and benefits of production of goods with the geographical indication “Melitopol cherry”. It is established that the wide use of means of individualization promotes creation of a healthy competitive environment in the conditions of market economy development. The advantages of using the geographical indication “Melitopol cherry” for Ukrainian producers are determined.
- Published
- 2021
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32. Protection of Intellectual Property Rights, Financial Development and Green Low-Carbon Endogenous Economic Growth.
- Author
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Zhu, Yuan, Wan, Bingyue, and Tian, Lixin
- Abstract
This paper considers the protection of intellectual property rights and financial development in the green low-carbon endogenous economic growth model, and also considers the total financing scale of the firms in the financial development sector, the transformation ability of the R&D sector to the advanced technology of developed countries, and the intensity of intellectual property protection, which gives the household utility function to a household. After maximizing the utility function, this paper analyzes the economic growth rate and mainly finds that the economic growth rate increases with the increase of technological transformation capacity parameters, two kinds of production efficiency parameters, and the total financing scale of the firms, and in addition it decreases with the increase of the technical level of developing countries relative to developed countries. Then, considering the improvement degree of intermediate goods, R&D efficiency and financial frictional coefficient, the relationship between it and the economic growth rate is obtained. This paper finds that the economic growth rate increases with the increase of the degree of improvement; R&D efficiency parameter; the probability that any R&D project can bring positive returns; technical level; the investment in reducing carbon emissions; the amount of energy invested in the final goods production sector; and it decreases with the increase of the financial frictional coefficient. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
33. 算法的知识产权保护路径选择.
- Author
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靳雨露 and 肖尤丹
- Abstract
Protection of algorithm by intellectual property is a powerful way to stimulate innovation and regulate the risk of the algorithm. Algorithm that can be protected by intellectual property right is the program algorithm, which is compiled in computer language, in the form of coded instruction sequence, run by the computer and produce independent rational value results. The article is combed out that there are drawbacks to the traditional path of IP to protect program algorithms: it has conflict between program algorithm and copyright law system; the trade secret path is at odds with program algorithmic governance; and program algorithm can hardly be identified as method invention and cannot apply the rule of method invention right. The article proposes it is the optimal approach of program algorithm intellectual property protection in intelligent society that, to construct the new program algorithm quasi patent right, with reference to the concept of quasi-patent right such as regulatory exclusive right, and to design the public review system, the equivalent infringement doctrine, the hierarchical protection period system, based on the technical characteristics of the algorithm itself. [ABSTRACT FROM AUTHOR]
- Published
- 2022
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34. Construction of China Osmanthus City and Intellectual Property Right Protection in Xianning City in the Context of Three New Developments.
- Author
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Li GAO, Zhiguo SUN, Yueqiu HE, Jiandong LAI, and Hongguo CHEN
- Abstract
Xianning City of Hubei Province is one of the five major traditional osmanthus producing areas in the world and the hometown of osmanthus in China. Xianning is constructing China Osmanthus City in the whole city. This paper first introduces the main characteristics of the osmanthus industry in Xianning City, and analyzes the characteristics of traditional knowledge, biological genetic resources, new plant varieties, patents, geographical indications, and trademarks. Then, it studies the intellectual property resources of the osmanthus industry, and analyzes the main problems existing in the construction of China Osmanthus City and intellectual property right protection. Finally, it comes up with constructive recommendations including applying for China and Globally Important Agricultural Heritage Systems, developing colored-leaf osmanthus varieties, creating a regional public brand of osmanthus specialty products, and building a new development pattern of osmanthus industry. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
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35. Patent characteristics for leishmaniasis treatment as a basis for freedom-to-operate analysis.
- Author
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Buendia-Atencio, Cristian, Arévalo Bello, Solange Alexandra, Rodríguez, Anny, Lorett Velasquéz, Vaneza Paola, Cuervo, Laura, Losada-Barragán, Mónica, and Lopez-Pazos, Silvio Alejandro
- Subjects
- *
INTELLECTUAL property , *PATENT databases , *TECHNOLOGICAL innovations , *LEISHMANIASIS , *SKIN diseases - Abstract
Among the main zoonoses with the highest morbidity burden is leishmaniasis. The parasite of the genus Leishmania is its etiological agent. There are three forms of the disease: cutaneous, mucocutaneous and visceral. Pentavalent antimonial drugs are used for leishmaniasis treatment, however toxic side effects and parasite resistance have been detected. Intellectual Property Rights (IPRs) protect inventions that promote benefits to society, and patents are particularly notable for preserving advancements in biotechnology. To introduce innovative technologies, it is necessary to analyze the elements and processes involved in the development of products that may be protected by IPRs. This process consists of product deconstruction into its elements for an intellectual property analysis to contemplate commercial viability, and to determine strategies to avoid infringing third party rights (Freedom-to-Operate approach). In this project, a sample of patents protecting treatments directed against leishmaniasis were evaluated in order to know their characteristics, and to establish useful elements for Freedom-to-operate strategies. Open access patent databases were used (The Lens, Google patents, Patentscope, among others), and relevant characteristics such as claims, owners, technology protection region, or year of application for protection were determined. The sample obtained includes patents from 1967 to 2023. The majority of patents were found to be located in countries such as Brazil or the United States, and described developments focused on compounds derived from chemical synthesis, polypeptides, extracts, antigens, or structural components of the parasite. There are several patents that have already expired and whose information can be freely used. The Bolar exemption would allow the use of information from these patents for regulatory compliance purposes. This study provides an overview of what has been patented for leishmaniasis treatment, and information on Freedom-to-operate focus. • Leishmaniasis treatments have requirements of intellectual property, specially patents. • Patents for leishmaniasis treatments are mainly focused on synthetic molecules, antigens, and extracts. • The main institutions owning patents for leishmaniasis treatments are universities, companies and research centers. • Freedom-to-Operate emphasis is an interesting vision considering that several patents belong to the public domain. • Bolar exemption can be used for bioequivalent versions development of a leishmanicidal treatment. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
36. IPR: An Overview
- Author
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Shukla, Amritesh C., Patra, Jayanta Kumar, editor, Shukla, Amritesh C., editor, and Das, Gitishree, editor
- Published
- 2020
- Full Text
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37. Innovation and Standardization Stakeholders
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Šimunić, Dina, Pavić, Ivica, Šimunić, Dina, and Pavić, Ivica
- Published
- 2020
- Full Text
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38. Uma resposta dworkiniana para a colisão de princípios de direitos humanos em tempos de COVID-19: direito à saúde versus direito de propriedade exclusiva sobre patentes farmacêuticas.
- Author
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Meleu, Marcelino and Hummes Thaines, Aleteia
- Abstract
Copyright of Revista Brasileira de Políticas Públicas is the property of Revista Brasileira de Politicas Publicas and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2022
- Full Text
- View/download PDF
39. OUTBOUND OPEN INNOVATION IN ACADEMIA: A SYSTEMATIC REVIEW OF THE EXPLOITATION PRACTICES AND OUTCOMES IN UNIVERSITIES
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Ndula Mbieke Stephen
- Subjects
commercialization ,intellectual property right ,licensing ,patent ,spin‐off ,university ,Personnel management. Employment management ,HF5549-5549.5 - Abstract
In recent years, universities increasingly have been involved in the marketing and licensing of their intellectual property rights, mainly in the form of patent selling, technology licensing, and contract research. Although the reasons for this are clear, there are correlated research questions that deserve further attention. We examined how this happens and under which conditions universities carry out such activities to define outbound open innovation. This paper focuses on a specific part of the vast literature dealing with technology transfer from academia, and conducts a systematic review of the literature on the economic exploitation of the knowledge produced (in any form) and sold by universities. The results indicated that a greater part of such research analyzes commercialization modes, with licensing being the main channel of technology transfer, followed by analyses of the performance of the various research modes. In addition, some papers also mention the value network; fewer studies discuss strategies and the managerial perspectives. We analyzed the literature in 42 academic journals and 118 papers specifically dealing with this research topic. This review is the first to analyze literature systematically in terms of the financial benefit acquired by universities from technology transfer and to analyze the best means through which the income can be generated, e.g., licensing, commercializing, the creation of spin‐offs, and transferring knowledge or technology to other institutions or establishments.
- Published
- 2020
- Full Text
- View/download PDF
40. Revisiting incremental product innovations in the food-manufacturing industry: an empirical study on the effect of intellectual property rights
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Tohru Yoshioka-Kobayashi, Tomofumi Miyanoshita, and Daisuke Kanama
- Subjects
Incremental product innovation ,Food manufacturing industry ,Intellectual property right ,Innovations in the static industry ,Economic growth, development, planning ,HD72-88 ,Economics as a science ,HB71-74 - Abstract
Abstract The highly competitive and mature food industry has long been process innovation-oriented while largely neglecting product/technological innovation. However, recent innovation debates have raised two issues. First, imitations of product innovations likely underestimate the value of innovation in this industry; second, exaggerations of new product development neglect incremental product innovations, which facilitate branding. Using intellectual property rights data as indicators of exclusive innovation outcomes, this study empirically examined these issues. The distinction of consumer communication channel-related designs from other industrial designs utilizing the advantage of the simple structure of foods has realized highly fitted proxies of distinctive innovation activities. Investigating the firm performance of 192 Japanese food manufactures between 2009 and 2013 revealed the dominance of incremental innovations in product packaging over other exclusive innovations. This study provides practical insights regarding innovations for the industry and evidence of the effectiveness of consumer communication-related designs of patents, especially as novel innovation proxies.
- Published
- 2020
- Full Text
- View/download PDF
41. Relationship of Weak Modularity and Intellectual Property Rights for Software Products
- Author
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Behfar, Stefan Kambiz, Behfar, Qumars, Kacprzyk, Janusz, Series Editor, Pal, Nikhil R., Advisory Editor, Bello Perez, Rafael, Advisory Editor, Corchado, Emilio S., Advisory Editor, Hagras, Hani, Advisory Editor, Kóczy, László T., Advisory Editor, Kreinovich, Vladik, Advisory Editor, Lin, Chin-Teng, Advisory Editor, Lu, Jie, Advisory Editor, Melin, Patricia, Advisory Editor, Nedjah, Nadia, Advisory Editor, Nguyen, Ngoc Thanh, Advisory Editor, Wang, Jun, Advisory Editor, Bucciarelli, Edgardo, editor, Chen, Shu-Heng, editor, and Corchado, Juan Manuel, editor
- Published
- 2019
- Full Text
- View/download PDF
42. Intellectual Property Rights in Microbiology
- Author
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Yadav, Mukesh, Meenu, Maninder, Sehrawat, Nirmala, Sharma, Anil Kumar, Singh, Harikesh Bahadur, editor, Keswani, Chetan, editor, and Singh, Surya Pratap, editor
- Published
- 2019
- Full Text
- View/download PDF
43. K niektorým aspektom presadzovania práv duševného vlastníctva colnými orgánmi.
- Author
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ROHÁČEK, Peter
- Abstract
Copyright of Intellectual Property / Dusevne Vlastnictvo is the property of Industrial Property Office of the Slovak Republic and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2022
44. 5718 SAYILI MÖHUK ÇERÇEVESİNDE TELİF HAKKINA İLİŞKİN SÖZLEŞMENİN ESASINA UYGULANACAK HUKUK* .
- Author
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TOKER, Ali Gümrah
- Abstract
Copyright of Journal of Commercial & Intellectual Property Law (TFM) / Ticaret ve Fikri Mülkiyet Hukuku Dergisi is the property of Ankara Yildirim Beyazit University, Facult of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2022
- Full Text
- View/download PDF
45. Anti‐counterfeiting strategy unfolded: A closer look to the case of a large multinational manufacturer.
- Author
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Rullani, Francesco, Beukel, Karin, and De Angelis, Matteo
- Subjects
PRODUCT counterfeiting prevention ,INTERNATIONAL business enterprises ,PRODUCT liability ,MANUFACTURED products ,COUNTERFEITERS ,CONSUMER protection - Abstract
Research Summary: We examine in detail how one large mobile phone manufacturer develops its anti‐counterfeit strategy and seizes counterfeit products on the market. We couple qualitative data (observations from 150 counterfeit sales points worldwide, two focus groups, a survey with 151 respondents, interviews with 90 informants) with econometric analysis of 3,333 fights the focal firm undertook against more than 2,000 counterfeiters in 75 countries over 6 years (2006–2011). We focus on firm's seizure of counterfeit products when consumers' safety is at risk. As the firm is more sensitive to product safety than counterfeiters, we found that the firm generally performs larger seizures when unsafe products are involved, but this is less true in the firm's main market, likely because higher profitability offers higher incentives to counterfeiters. Managerial Summary: In companies' fight against counterfeiters, product safety plays a pivotal role. We suggest that companies have a particularly high incentive to seize counterfeit products when the product carries potential safety risks, because the occurrence of safety issues seriously harms its reputation. This research explores the anti‐counterfeit strategy undertaken by a large manufacturer operating in the market of mobile phones and in the market of ancillary products (e.g., batteries and chargers). Results show that larger seizures occur in the ancillary rather than in the mobile phone market because while authentic companies have high incentives to seize mobile phone and accessories, as both involve safety risks, counterfeiters have a greater incentive in the main market and thus put less effort in ancillary markets. [ABSTRACT FROM AUTHOR]
- Published
- 2021
- Full Text
- View/download PDF
46. Intellectual property right in India - A review
- Author
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Hussain, Shaik Md. Zakir, Shiva, Jennai, Venkateswarlu, Goli, Suthakaran, R., and Ghouse, Syed
- Published
- 2019
- Full Text
- View/download PDF
47. THE PROBLEMS OF THE ECONOMIC APPROACH OF EU COMPETITION LAW TO INTELLECTUAL PROPERTY RIGHTS
- Author
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Paulius Grendelis
- Subjects
competition law ,intellectual property right ,economic approach ,static competition ,dynamic competition ,dynamic efficiency ,rule of reason ,economic commonness ,Law - Abstract
A trend in litigation is rapidly emerging in the EU market, where the actions of holders of exclusive rights are restricted based on the existing economic approach of EU competition law to intellectual property rights. This fact presupposes the need to examine this economic approach and determine whether the actions of holders of exclusive rights are restricted disproportionately, without regard to the potential consequences of such restrictions and the existing benefits of intellectual property rights. This article addresses the problems of the economic approach of EU competition law to intellectual property rights, which make it highly likely that the current actions of holders of exclusive rights are restricted disproportionately at the expense of innovations in favour of the existing effective competition. This article also aims to develop an alternative and more dynamic economic approach of EU competition law to intellectual property rights, which could justify the actions of holders of exclusive rights not only in terms of elements relevant to EU competition law, but also in terms of the benefit of the existing system of intellectual property rights.
- Published
- 2021
- Full Text
- View/download PDF
48. Issues of crowdsourcing and mobile app development through the intellectual property protection of third parties.
- Author
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Liu, Zhijiang and Shestak, Viktor
- Subjects
INTELLECTUAL property ,MOBILE app development ,CROWDSOURCING ,INTELLECTUAL development ,POLITICAL campaigns ,MOBILE apps - Abstract
With multiple advances in innovative technologies and crowdfunding platforms for businesses, the process of crowdsourcing is associated with some security issues that are rather difficult to assess at the stage of project preparation. Security and privacy issues of applying crowdsourcing to mobile app-related projects are an important matter to discuss and pose an assessment challenge. This work offers an approach that allows assessing project safety based on a range of fairly general criteria. The meta-analysis touches upon factors affecting the level of responsibility for intellectual property rights protection, with were screened from various reports on completed crowdsourcing campaigns. Based on the results of meta-analysis, criteria for assessing security and interests of various parties in the crowdsourcing campaign were established. These criteria allow evaluating both the project success and the protection of the rights of participants in the project, including ethical and legal consequences. It can be concluded that even the most ordinary member of the "crowd" can make a contribution to the success of crowdfunding and crowdsourcing projects. In our opinion, it is being on the ethical side of crowdsourcing what ensures the success of the crowdsourcing projects. This approach is crucial to the understanding of how mobile crowdfunding app producers should ensure privacy and responsibility of each member of the "crowd" involved in any crowdfunding campaign. [ABSTRACT FROM AUTHOR]
- Published
- 2021
- Full Text
- View/download PDF
49. How Government Provide Legal Protection for Trade Secrets?
- Author
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Idul Hanzah Alid and Lailasari Ekaningsih
- Subjects
trade secrets ,intellectual property right ,implementation ,protection ,Law - Abstract
Trade secret is a factor in the creation of innovation for a company to maintain its presence in the community. PT. CPM must identify information that is considered confidential trade before making attempts of legal protection of such information, because not all corporate information can be regarded as a trade secret. The identification is done by providing criteria for confidential information such as information that is not known by the public, has economic value, giving a loss if the information leaked and stolen. So PT. CPM has two attempts of legal protection of trade secrets. First, preventively is to have rules and regulations and written agreements between the parties relating to trade secret information PT. CPM. Second, repressive of protecting end to the measures for violations occurred. In case of violation, PT. CPM will solve the problem amicably. If it fails, then the next action to decide the employment of actors and reported to the authorities. Companies better make a written agreement between the parties in advance and posted to the Directorate General of Intellectual Property Rights in order to ensure the protection of the company's trade secrets.
- Published
- 2020
- Full Text
- View/download PDF
50. Identification and Data Mining of the Publishing Elements in Relation to the Use of Creative Commons Licenses in Open-Access Publications on the Directory of Open Access Journals (DOAJ) for Supporting Intellectual Property Rights
- Author
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Fatemeh Mousavi, Atefeh Zarei, Rasool Zavaraqi, and Shahin Akbarpoor
- Subjects
intellectual property right ,data mining ,creative commons (cc) licenses ,open-access publications ,directory of open access journals (doaj) ,publishers ,place of publivation ,Bibliography. Library science. Information resources - Abstract
Objective: The use of the Creative Commons (CC) licenses in the cyberspace is a significant outcome of the revolution in the information exchange from traditional media to modern digital media and the evolution of the intellectual property rights, which has been achieved through the open access to scientific information movement while respecting the intellectual copyright regarding the content of the human knowledge. The present paper aims at identifying and data mining the publishing elements in relation to the use of CC licenses in open-access publications on the Directory of Open Access Journals (DOAJ) for supporting the intellectual property rights. Methodology: This research was performed via descriptive data mining. The statistical population was made up of all publications indexed on the DOAJ by early 2016 (9389 titles). The required data waer retrieved from the DOAJ database in the form of metadata in CVS format, including the list of publishers and the 128 member countries. The collected data was analyzed in RapidMiner© Ver. 7 by using a new model based on the cross-industry standard process for data mining (CRISP-DM) and the C5.0 decision tree algorithm. Findings: Findings of the present research showed that, out of the 9389 titles indexed on the DOAJ, 4361 titles (46.44%) used no CC license while 5028 publications (53.55%) had applied 6 CC licenses. A total of 4565 publishers had used these licenses. Among these, 2711 publications had taken the most out of the attribution license, including three groups of publishers (academic, institutional-association, and commercial). Focusing on the studied database, the attribution license was the most frequently used CC license. In total, the largest fraction of publishers had used the attribution license (711 titles, 28.88%) while the attribution-no derivative license (37 titles, 0.4%). The academic publishers composed the largest group of the CC license users (35.07%). Considering the pool of countries, Egypt (11.39%), Britain (8.64%), and Brazil (8.33%) were the three largest users of the CC license users. At the level of continents, Europe was the largest user of the licenses. The C5.0 decision tree algorithm could predict the use of the attribution license by the publishers in different countries including USA, Brazil, Egypt, Britain, and Poland at an accuracy of 69.20%, precision of 64.90%, and percent error of 35.10% (error = 1 - precision), confirming the mentioned findings. Conclusion: The use of different CC licenses, especially the attribution license, by various countries and publishers indicate the acceptance of these licenses by the community and the continuation and promotion of the knowledge development process at an increasing rate toward the science production, because the CC licenses are the open-most of their kind. These licenses provide the users with a wider spectrum of authorities including not only the attribution authority but also the permission to distribute, reproduce, and download their own works for commercial and non-commercial uses.
- Published
- 2019
- Full Text
- View/download PDF
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