{"title":"Intellectual property‐based financing scheme for creative industry in Indonesia: Policy, progress, challenges and potential solutions","authors":"R. F. Mayana, Tisni Santika","doi":"10.1111/jwip.12322","DOIUrl":"https://doi.org/10.1111/jwip.12322","url":null,"abstract":"Despite the massive growth of creative industries, 92.37% of creative industry players in Indonesia are independently self‐funded and have not received any outside funding such as banking credit. The government then issued Law Number 24 of 2019 concerning the Creative Economy (“Creative Economy Law”) where Article 16 verse (1) states that the government facilitates the development of Intellectual Property (IP)‐Based Financing for Creative Economy actors. The “Creative Economy Law” was then followed by the issuance of Government Regulation Number 24 of 2022 concerning the Implementing R egulations of Law Number 24 of 2019 concerning the Creative Economy (“Indonesian Government Regulation of Creative Economy”) as the regulatory framework. Using the normative juridical and comparative approach, this article examines the implementation of those regulations in establishing the IP‐based financing scheme for the creative industry in Indonesia, the progress, challenges, and potential solutions. This study shows that there's still a lack of political willingness from Indonesian banking institutions to accept and implement IP assets as collateral, therefore, concrete steps need to be taken for the formulation of IP‐based financing and IP‐based collateral through coordination and synergy between state holders and stakeholders for example by formulating pilot project led by the government.","PeriodicalId":513120,"journal":{"name":"The Journal of World Intellectual Property","volume":"7 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141925562","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Evolving intellectual property protection for new corn varieties in the United States: An empirical analysis","authors":"H. P. Chan","doi":"10.1111/jwip.12319","DOIUrl":"https://doi.org/10.1111/jwip.12319","url":null,"abstract":"The US affirmed patent protection for genetically modified plant traits in 1985, asserting that firms could patent new hybrid plant varieties when formerly plant variety protection was the primary means to protect hybrid varieties. This paper examines how firms' intellectual property choices have changed for new corn varieties created during the years 1985–2012. The data suggests that firms increasingly rely on patent protection as their only form of intellectual property protection for new varieties. For varieties with patent protection, low‐valued varieties, as determined by low patent renewal rates, receive less net benefit from obtaining plant variety protection compared to high‐valued varieties.","PeriodicalId":513120,"journal":{"name":"The Journal of World Intellectual Property","volume":"31 12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141808299","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Open innovation under authoritarianism: The case of the Soviet Union","authors":"S. Lebedenko","doi":"10.1111/jwip.12318","DOIUrl":"https://doi.org/10.1111/jwip.12318","url":null,"abstract":"The Soviet Union was a productive and technologically developed economy. It achieved a remarkable transformation from a feudalistic society to an advanced industrial society. How was it able to do this? This article argues that such rapid industrialisation was possible because the Soviets invested in legal institutions that created a special kind of open and highly coordinated innovation system confined to national borders. These legal institutions remain underappreciated in Western intellectual property scholarship. The article reassesses the Soviet legal institutions, by explaining their functions and effects on knowledge flows. It also conceptualises the Soviet reward system as having elements of an ‘economy of esteem’. The article is informative not only as a revisited historical account on the Soviet regulation of innovation, but also as one that teaches much about the modern models of innovation in market economies.","PeriodicalId":513120,"journal":{"name":"The Journal of World Intellectual Property","volume":"4 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141654492","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Miranda Risang Ayu Palar, Laina Rafianti, Wina Puspitasari, Isti Novianti
{"title":"Centralized management of copyright royalties: A case study on the National Collective Management Organization for songs and music in Indonesia","authors":"Miranda Risang Ayu Palar, Laina Rafianti, Wina Puspitasari, Isti Novianti","doi":"10.1111/jwip.12320","DOIUrl":"https://doi.org/10.1111/jwip.12320","url":null,"abstract":"This paper tries to examine the role and function of the National Collective Management Organization (NCMO) and Collective Management Organizations (CMOs) for songs and music authors along with their related rights based on the existing law and implementing regulations in Indonesia. The discussion specifically revolves around controversies, challenges, advantages, and disadvantages that occurred from the centralized management system in songs and music conducted by NCMO to ease the royalties payment process for commercial users. The research was made by analyzing qualitative data on the laws and their implementing regulations in Indonesia, and also formal reports, it is supported by in‐depth observation and interviews with selected sources in the fields. Results show that to perform its task as the centralized management body for royalties of copyrights in Indonesia, the NCMO has to transform the way they operate. There are three practicable and acceptable options of transformation which all shall require a structural change, transparency, and reasonable operational costs shared in terms of NCMO's and CMOs' operation. It must also involve improvement in consistency to NCMO, CMOs, and other related agencies to act as trustee bodies.","PeriodicalId":513120,"journal":{"name":"The Journal of World Intellectual Property","volume":"47 24","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141654838","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}