Journal of World Intellectual Property最新文献_第10页

Preserving the right of access to copyrighted works based on data regulation 在数据监管的基础上，维护获取受版权保护作品的权利

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Journal of World Intellectual Property Pub Date : 2022-11-04 DOI: 10.1111/jwip.12253

Lukas Ruthes Gonçalves

{"title":"Preserving the right of access to copyrighted works based on data regulation","authors":"Lukas Ruthes Gonçalves","doi":"10.1111/jwip.12253","DOIUrl":"10.1111/jwip.12253","url":null,"abstract":"Toy Story 2 only exists because one of the movie's directors had made a backup copy of the movie while she worked from home, otherwise the movie would have been lost due to a computer malfunction. Just as though content access through the internet was intended to allow for works to become more easily accessible, there is no guarantee that they will remain this way. How, then, do we assure users and creators have not only a right to access content made available online, but also a right to preserve such access? This article intends to answer this question by analyzing US Copyright regulation, how it regulates access and preservation of works, and, especially, how it does not. I argue that a policy proposal regarding a right to preserve access could be had based on data protection regulation. Getting inspiration from the way recent data regulation legislation forced different providers that operate on the internet to adapt their terms into a regulatory “common ground,” this article claims users would be benefited if they could preserve the right of access to works they legally acquired the same way as they have access to and can make copies of their personal data in these services.","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"25 3","pages":"714-731"},"PeriodicalIF":0.5,"publicationDate":"2022-11-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75438136","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}

引用次数: 0

The social function of intellectual property and government intervention in mitigating the pandemic: A perspective from Indonesia 知识产权的社会功能和政府干预在减轻流行病方面的作用:来自印度尼西亚的观点

IF 0.5

Journal of World Intellectual Property Pub Date : 2022-11-04 DOI: 10.1111/jwip.12252

Ranti F. Mayana, Tisni Santika

{"title":"The social function of intellectual property and government intervention in mitigating the pandemic: A perspective from Indonesia","authors":"Ranti F. Mayana, Tisni Santika","doi":"10.1111/jwip.12252","DOIUrl":"10.1111/jwip.12252","url":null,"abstract":"Indonesia declared Corona Virus Disease 2019 (COVID-19) a Public Health Emergency based on Presidential Decree No. 11 of 2020 considering the extensive victims and extraordinary impacts. This study analyzes how Indonesia addresses the social function of intellectual property and government intervention in mitigating the pandemic. This study shows that outside the patent waiver provisions, implementation is the key. Indonesian Government has set a strategic framework in accordance with the guidelines of the WHO by simultaneously takes two strategies of vaccine provision and procurement: First, purchasing vaccines from abroad and/or collaborating with national and/or international institutions, Second, the development of ‘Vaksin Merah Putih’ (Red and White Vaccine) independently in the country through a triple helgix synergy involving the government institutions/ministries, universities, and industries. The provision of COVID-19 Vaccines in Indonesia is free as a form of responsibility and presence of the state. Government is also continuously expanding its public communication network to eliminate vaccine hesitancy. Lastly, Indonesia has adopted the TRIPs Waiver provisions through the Indonesian Patent Law, Government Regulation Number 77 of 2020 concerning Procedures for Patent Implementation by the Government, Regulation of the Minister of Law and Human Rights No. 14 of 2021 concerning Amendments to the Regulation of the Minister of Law and Human Rights No. 30 of 2019 concerning Procedures for Granting a Compulsory Patent License. These regulations will later become the basis for the government, whether it will eventually implement a patent license through a compulsory license system or a government use the patent system not only for the COVID-19 vaccine but also other essential medicines in mitigating the pandemic.","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"25 3","pages":"694-713"},"PeriodicalIF":0.5,"publicationDate":"2022-11-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jwip.12252","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89589233","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Forging a coherent copyright jurisprudence in Trinidad and Tobago 在特立尼达和多巴哥建立连贯的版权法理学

IF 0.5

Journal of World Intellectual Property Pub Date : 2022-09-15 DOI: 10.1111/jwip.12250

Justin Koo

{"title":"Forging a coherent copyright jurisprudence in Trinidad and Tobago","authors":"Justin Koo","doi":"10.1111/jwip.12250","DOIUrl":"10.1111/jwip.12250","url":null,"abstract":"The development of intellectual property jurisprudence in Trinidad and Tobago has been slow despite the existence of a robust statutory framework. In the context of copyright law, there has been limited litigation, which has left most areas of copyright law undefined and uncertain. Recent case law on the right of reproduction and moral rights has revealed the problems with the law being untested and uncertain. This included the use of conflicting precedent in similar legal scenarios and a general lack of appreciation for the nuances of copyright law and resultantly a lack of desire to develop a coherent framework for copyright law. Trinidad and Tobago has the opportunity to forge a coherent copyright framework that will reflect its individual needs. However, to do this, policy-driven decisions must be made that account for the specific intricacies of the copyright environment and the norms present in Trinidad and Tobago. As such, this article analyses the issues with the existing copyright framework in Trinidad and Tobago and provides guidance as to what can be done to assist its development. Furthermore, the article identifies a number of lessons that will be useful for Commonwealth countries with underdeveloped copyright frameworks.","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"25 3","pages":"652-674"},"PeriodicalIF":0.5,"publicationDate":"2022-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84882371","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}

引用次数: 0

Transnational capital and national legal regimes: Analysis of Internet domain name disputes in India 跨国资本与国家法律制度:印度互联网域名纠纷分析

IF 0.5

Journal of World Intellectual Property Pub Date : 2022-09-15 DOI: 10.1111/jwip.12251

Ryan Y. Wang, Bumgi Min, Yang Bai, Jenna Grzeslo, Krishna Jayakar

{"title":"Transnational capital and national legal regimes: Analysis of Internet domain name disputes in India","authors":"Ryan Y. Wang, Bumgi Min, Yang Bai, Jenna Grzeslo, Krishna Jayakar","doi":"10.1111/jwip.12251","DOIUrl":"10.1111/jwip.12251","url":null,"abstract":"This paper examines the outcomes of Internet domain name dispute arbitrations in India through a quantitative analysis of all domain name arbitrations (N = 1147) involving the Indian country code top-level domain from 2006 to 2019. Specifically, we investigate whether the nationalities and corporate/individual identities of the complainants and respondents affect the outcome of the arbitrations. The most common type of dispute during this period is an international entity petitioning against another international entity (46%). In sum, the domain name arbitrations under INDRP are dominated by international and organizational complainants, but there is more variation among respondents' profiles in terms of nationality and identity. Our analysis suggests that the INDRP process, in the 14 years examined, tends to generate outcomes that favor corporations. Although the complainants almost always won, corporate respondents, compared to their individual counterparts, are more likely to retain the disputed domain names. Also, cases, where a respondent contested a complaint, had a higher probability of rulings in favor of respondents, compared to cases where the respondent filed no response.","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"25 3","pages":"675-693"},"PeriodicalIF":0.5,"publicationDate":"2022-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87081419","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}

引用次数: 0

Geographical indications in India: A case of Handicraft industry in Uttar Pradesh 印度的地理标志:以北方邦手工业为例

IF 0.5

Journal of World Intellectual Property Pub Date : 2022-08-24 DOI: 10.1111/jwip.12244

Meghna Chaudhary, Bhawna Agarwal, Meena Bhatia

{"title":"Geographical indications in India: A case of Handicraft industry in Uttar Pradesh","authors":"Meghna Chaudhary, Bhawna Agarwal, Meena Bhatia","doi":"10.1111/jwip.12244","DOIUrl":"10.1111/jwip.12244","url":null,"abstract":"The Handicraft industry plays a significant and pivotal role in the country's economy. It employs a significant number of artisans in rural and semiurban areas and generates significant foreign exchange for the country, all while preserving the cultural heritage. In the Indian context, geographical indication (GI) has recently emerged as a substantial form of intellectual property rights. It is a powerful instrument for safeguarding and rewarding not only the commercial potential of exclusive products but also the traditional knowledge that accompanies them. GI has the potential to revitalize the handicraft sector, but if it is merely seen as intellectual property, the industry's interests are jeopardized. Handicraft products account for over 55% of all GI-registered products in India, followed by agricultural products (31%). The predicament of the Artisans has deteriorated over time. One of several main reasons for the deterioration of Uttar Pradesh's handicraft industry is that artisans in the region still do not fully understand GI. The present study gives an overview of the current status of registered GIs in Uttar Pradesh. More importantly, this will also highlight the major challenges of GI implementation in the traditional handicraft sector in Uttar Pradesh.","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"25 3","pages":"617-634"},"PeriodicalIF":0.5,"publicationDate":"2022-08-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84834772","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}

引用次数: 3

A dual-case analysis of the IP governance system in e-commerce: Amazon and Alibaba 电子商务中知识产权治理体系的双案例分析:亚马逊和阿里巴巴

IF 0.5

Journal of World Intellectual Property Pub Date : 2022-08-17 DOI: 10.1111/jwip.12247

Madanoor Mohamed Wasaf, Jianhua Zhang

{"title":"A dual-case analysis of the IP governance system in e-commerce: Amazon and Alibaba","authors":"Madanoor Mohamed Wasaf, Jianhua Zhang","doi":"10.1111/jwip.12247","DOIUrl":"10.1111/jwip.12247","url":null,"abstract":"Considering the importance of intellectual property (IP) rights in e-commerce, infringement of which is increasing the counterfeiting goods, affecting consumer's confidence and goodwill of e-commerce, the purpose of this study is to examine the functionality of the IP governance system developed by e-commerce companies. The study makes an in-depth analysis of the IP governance system of the two major e-commerce companies, Amazon.com and Alibaba.com, to comprehend the approach of these e-commerce companies toward ensuring IP protection and protecting consumer's rights. In doing this, the study has taken qualitative dual-case study research design which offers valuable insights about the effectiveness, practice, and applications of IP governance system in e-commerce. Moreover, the dual-case study approach contributes to develop a nomological framework. The study confirms that there is lack of harmonization in IP governance system and standard of IP protection which is essential for the sustainable development of e-commerce and for protecting consumer rights. The significance of this study is the proposed recommendation for the regulatory body of the e-commerce industry which serves as an institution, governing the business practice involved in e-commerce to consider in reforming the IP governance system of the e-commerce industry.","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"25 3","pages":"635-651"},"PeriodicalIF":0.5,"publicationDate":"2022-08-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74924558","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}

引用次数: 0

Intellectual property rights and the metaverse: An Indian perspective 知识产权和虚拟世界:一个印度人的视角

IF 0.5

Journal of World Intellectual Property Pub Date : 2022-08-15 DOI: 10.1111/jwip.12249

Shinu Vig

引用次数: 2

Rethinking Nigerian geographical indications law 反思尼日利亚地理标志法

IF 0.5

Journal of World Intellectual Property Pub Date : 2022-08-15 DOI: 10.1111/jwip.12248

Emmanuel Kolawole Oke

引用次数: 1

Traditional intellectual properties and Yoruba (Ifa) philosophy in South-West Nigeria: Intellectual property versus traditional protection approach 尼日利亚西南部的传统知识产权与约鲁巴(Ifa)哲学:知识产权与传统保护方法

IF 0.5

Journal of World Intellectual Property Pub Date : 2022-08-04 DOI: 10.1111/jwip.12245

Ayoyemi Lawal-Arowolo, Ademola Taiwo

{"title":"Traditional intellectual properties and Yoruba (Ifa) philosophy in South-West Nigeria: Intellectual property versus traditional protection approach","authors":"Ayoyemi Lawal-Arowolo, Ademola Taiwo","doi":"10.1111/jwip.12245","DOIUrl":"10.1111/jwip.12245","url":null,"abstract":"The claim that Ifa is not merely a form of worship has been made by many scholars and remains a controversy. According to them, it is the core of Yoruba philosophy and scientific as well. Nevertheless, there exists art and science of an intellectual orientation regarding the development of Yoruba people. There are artworks, sculptures, incantations (poetry), and performances in Ifa. Divination is based on the binary system linked to science, as well as the process of traditional healing. Indeed, where you have art and science, intellectual property rights (IPRs) are in pursuit. In this case, copyright, patents, and trade secrets. The aim of this article is to examine IPRs in the spiritual world of Ifa and Yoruba philosophy; proposing that spiritual intellectual properties are for an entirely different world with a protection mechanism outside the modern approach of protection, while other forms of traditional intellectual properties outside the realm of the spiritual world requires modern intellectual property protection approach, subsequent to the understanding of the creator or inventor.","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"25 3","pages":"732-745"},"PeriodicalIF":0.5,"publicationDate":"2022-08-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82790582","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}

引用次数: 1

Patent power in biomedical innovation: Technology governance in biomodifying technologies 生物医学创新中的专利权:生物修饰技术的技术治理

IF 0.5

Journal of World Intellectual Property Pub Date : 2022-07-24 DOI: 10.1111/jwip.12237

Edison Bicudo, Michael Morrison, Phoebe Li, Alex Faulkner, Andrew Webster, Miranda Mourby, Jane Kaye

{"title":"Patent power in biomedical innovation: Technology governance in biomodifying technologies","authors":"Edison Bicudo, Michael Morrison, Phoebe Li, Alex Faulkner, Andrew Webster, Miranda Mourby, Jane Kaye","doi":"10.1111/jwip.12237","DOIUrl":"10.1111/jwip.12237","url":null,"abstract":"Biomedical innovation is often rewarded by exclusive proprietary rights such as patents. In the case of gene editing, induced pluripotent stem cells, and three-dimensional (3D) bioprinting (here described as biomodifying technologies), the limitations of the patent system come into stark relief, generating both technical and political doubts. Generally, political and technological limitations are supposed to be solved with so-called good governance, based on some principles. We focus on three of such governance principles (participation, accountability, and transparency) to show how they have been weakened, instead of strengthened, by the current patent system. We demonstrate that although patent applications are submitted by both public and private players, the latter have imposed a growing dominance in gene editing, induced pluripotent stem cells, and 3D bioprinting, disseminating their aggressive and exclusive strategies. As a consequence, a logic of experimentality tends to prevail where the three fundamental governance principles fail to be enacted.","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"25 2","pages":"473-494"},"PeriodicalIF":0.5,"publicationDate":"2022-07-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jwip.12237","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72969321","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2