Journal of World Intellectual Property最新文献

{"title":"Navigating the digital landscape: A comprehensive reassessment of China's anti-circumvention provisions","authors":"Xiaoxiang Yan,&nbsp;Shanshan Gong","doi":"10.1111/jwip.70004","DOIUrl":"https://doi.org/10.1111/jwip.70004","url":null,"abstract":"<p>In the digital era, technical protection measures (TPMs) have become essential for safeguarding copyrighted content. However, their misuse has generated significant legal and normative tensions, particularly under China's Copyright Law. This paper critically examines key deficiencies in the current anti-circumvention regime, including the absence of prohibitive provisions, the overextension of TPM protection, and the lack of corresponding obligations for rights holders. It also analyzes the judicial conflation of “direct circumvention” with the “provision of circumvention tools,” which has led to ambiguity in liability attribution and inconsistencies in case outcomes. Grounded in the principle of copyright interest balancing, this study combines doctrinal analysis with case-based review to uncover structural and interpretive flaws in China's legal framework. It argues that circumvention behaviors should be reclassified not as copyright infringement but as violations of statutory prohibitions, and that evidentiary mechanisms should be optimized through burden-shifting presumptions. Additionally, the paper calls for clarifying eligible parties authorized to deploy TPMs, introducing a legitimacy test for TPM purposes, and explicitly prohibiting abusive practices—such as restricting access to public domain works or bundling TPMs with unrelated products. By proposing a set of feasible legal reforms, this study aims to enhance the coherence, fairness, and enforceability of China's anti-circumvention provisions, ultimately achieving a more balanced and rights-sensitive digital copyright governance model.</p>","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"29 1","pages":"114-129"},"PeriodicalIF":0.9,"publicationDate":"2026-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147562226","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":"The economics of tacit knowledge in patent based technology transfer agreements","authors":"Hardik Daga,&nbsp;Charu Srivastava,&nbsp;Latika Choudhary","doi":"10.1111/jwip.70007","DOIUrl":"https://doi.org/10.1111/jwip.70007","url":null,"abstract":"<p>This paper examines how the absence of tacit knowledge in technology transfer agreements based on patents leads to economic inefficiencies both at the firm level and across national innovation systems. Patent-based technology transfers typically convey codified knowledge such as blueprints and technical documentation but often fail to incorporate tacit knowledge—experiential, non-codifiable know-how critical for effective implementation. This oversight is especially detrimental in industries where adaptation, trial-and-error learning, and process optimization are key to successful adoption. The paper highlights the economic costs of excluding tacit knowledge from licensing transactions and argues that technology recipients are frequently left dependent on licensors for post-transfer support, prolonging inefficiencies. While it briefly discusses the potential of disclosure tools like the “best mode” requirement to address this gap, the paper primarily advocates contractual, policy, and institutional mechanisms to embed tacit knowledge transfer into technology agreements. The study proposes structured learning provisions, long-term collaborative arrangements, and policy incentives as practical reforms to facilitate fuller and more effective knowledge diffusion.</p>","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"29 1","pages":"162-176"},"PeriodicalIF":0.9,"publicationDate":"2026-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147569587","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":"A legal viewpoint scent as trademark: Evidence from Indonesia and global approaches","authors":"Dona Budi Kharisma,&nbsp;Imam Dzaki Hidayad Assidiqi","doi":"10.1111/jwip.70001","DOIUrl":"https://doi.org/10.1111/jwip.70001","url":null,"abstract":"<p>This paper identifies and analyzes the legal issue of scent as a trademark. The identification results are used as legal material to formulate a regulatory framework for scent as a trademark. The research approach uses a statutory approach and a comparative approach. The object of research in this paper are legal materials in Indonesia, European Union, and the United States. A comparison of scent trademark laws in Indonesia, European Union and United States resulted in a legal framework to support scent as trademark can be accommodated in a country. The legal framework is in the form of updating the Trademark Law by changing the phrase “graphic representation” to only “representation”. Furthermore, provision of representation can be made using generally available technology and written descriptions based on nonfunctional objectives and detailed descriptions on the product can be added. Technically, several important things that are of concern in examining trademark scents include, trademark scents must be nonfunctional and distinctive, written description, attach a specimen, and use technology to avoid subjectivity. Indonesia must implement this legal framework in order to accommodate scent as trademark.</p>","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"29 1","pages":"44-65"},"PeriodicalIF":0.9,"publicationDate":"2026-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147567753","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":"Determining an appropriate patent working requirement for Indonesia","authors":"Muhammad Hawin","doi":"10.1111/jwip.70003","DOIUrl":"https://doi.org/10.1111/jwip.70003","url":null,"abstract":"<p>This study examines the feasibility of reintroducing a local working requirement in Indonesia's patent law that aligns with national interests while adhering to the TRIPS Agreement. Through normative legal research, it evaluates relevant laws, legal theories, and literature to develop an evidence-based approach that reconciles local needs with international obligations. Although Article 27(1) of TRIPS could limit local working provisions, supplementary provisions such as Articles 8(1), 30, and 31, along with the Paris Convention and the Doha Declaration, provide flexibility for countries to implement local working requirements. These provisions, if applied judiciously, can serve the public interest, bolster economic growth, and ensure access to critical technologies. Furthermore, the TRIPS Agreement's negotiation history implies that local working provisions were intended to remain a viable aspect of patent law, supporting diverse member-country perspectives. To maximize the benefits, Indonesia can look to models from India and Brazil, using local working requirements to drive innovation and technology transfer and to deter patent abuse by nonpracticing entities. By incorporating flexible mechanisms such as compulsory licensing instead of patent revocation for noncompliance, Indonesia can strike a balance between patent holder rights and national development goals, ultimately fostering a patent system that prioritizes public welfare and industrial progress.</p>","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"29 1","pages":"101-113"},"PeriodicalIF":0.9,"publicationDate":"2026-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147565201","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":"Catalyzing circularity: Tackling intellectual property barriers to technology transfer and circular solutions in developing economies","authors":"Latika Choudhary,&nbsp;Hardik Daga,&nbsp;Charu Srivastava","doi":"10.1111/jwip.70006","DOIUrl":"https://doi.org/10.1111/jwip.70006","url":null,"abstract":"<p>The imperative for transitioning to a circular economy is widely acknowledged as urgent. While the problems related to this transformation may differ among nations, it is crucial to perceive them as opportunities. One of the many challenges to this transformation is the significant lack of appropriate technologies. Facilitating the transfer of technology is becoming an essential requirement. Nevertheless, there are ongoing difficulties related to matters of ownership and the effective transfer of information, comprising both explicit and implicit or tacit knowledge. Given these difficulties, this study intends to offer practical insights and effective remedies for managing the obstacles of moving to a circular economy by systematically exploring options related to technical transfer, ownership delineation, and knowledge dissemination. By elucidating pathways to surmount these hurdles, this study endeavours to contribute to the advancement of circular economic paradigms on a global scale.</p>","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"29 1","pages":"177-200"},"PeriodicalIF":0.9,"publicationDate":"2026-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147570363","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":"Solving hyperlinking dilemma in copyright law by intention: Comparative perspectives","authors":"Guangyu Li","doi":"10.1111/jwip.12360","DOIUrl":"https://doi.org/10.1111/jwip.12360","url":null,"abstract":"<p>This article proposes a binary framework for regulating inline links, as opposed to normal referencing links, in copyright law. On the one hand, it requires that link provider's volition, defined as willfulness or intentionality, play a role in establishing direct infringement in circumstances of inline linking. This concept has been consistently emphasized across doctrines, judicial decisions, and scholarly commentary in the US, EU, and China. On the other hand, it underlines the importance of respecting the copyright holder's intention regarding whether, to what extent, and how their works should be communicated—an idea that lies at the core of the CJEU's “new public” test. The two elements are logically related: when copyright holders clearly express their communication intentions, link providers gain awareness of whether their linking would contravene those intentions, thereby rendering their actions volitional. By bridging these two elements, the framework proposes that copyright holders be required to publicly declare their intentions concerning the scope of communication. Both concepts operate along a spectrum: the more obviously and explicitly the copyright holder expresses their communication intentions, the more volitional and willful the link provider's act is deemed. Linking in violation of technical measures, or with actual or constructive knowledge of infringement, represents one extreme; linking in violation of special legal measures occupies the middle ground; and linking in violation of ordinary legal measures represents the other extreme. This proposed framework seeks to address the rigidity of the new public test and aims to strike a balance between digital copyright protection and the free flow of information on the Internet facilitated by inline links.</p>","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"29 1","pages":"3-43"},"PeriodicalIF":0.9,"publicationDate":"2026-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147566783","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":"Information systems and digitization of traditional knowledge: Trends in cultural heritage and memory institutions and the WIPO Genetic Resources Treaty*","authors":"Chidi Oguamanam","doi":"10.1111/jwip.70005","DOIUrl":"https://doi.org/10.1111/jwip.70005","url":null,"abstract":"<p>Understanding the role of information communication technologies (ICTs) in development, especially in relation to marginalized populations, has been the focus of many related disciplinary categories within the broader ecosystem of information sciences. Akin to a case study, the paper examines the evolving role of two institutional actor categories in the use of information systems for the design of Indigenous knowledge digitization and recordal projects. The first is the umbrella category of cultural heritage or memory institutions (libraries, museums, archives, galleries, monuments, etc.) which implicates the copyright system. The second focuses on genetic resources, and the experience arising from the World Intellectual Property Organization (WIPO)'s 2024 treaty on Genetic Resources and Associated Traditional Knowledge, which implicates the patent system and the role of patent offices. The exploration of these two regimes of intellectual property rights and their associated institutional platforms contributes legal doctrinal insights to complement perspectives from communities of practice within the information sciences concerned with ICT's effects on the developmental aspiration of Indigenous Peoples and Local Communities (IPLCs). The study finds a discernible proclivity of cultural heritage and memory institutions to role adjustment toward accommodation of IPLCs' aspirations to development in contrast to the WIPO treaty's unequivocal stance on the untampered orthodoxy of patent offices. Yet, both regimes share the imperative for strategic partnership with IPLCs for the deployment of ICTs for Development (ICT4D). The paper highlights the need for purposeful leveraging of SDG 17—partnership building. It concludes that SDG 17 is underexplored at the intersection of ICT4D, and notes that SDG 17 has potential to strengthen IPLCs in deploying ICTs tools, including digitization and information systems broadly, to the governance of their knowledge.</p>","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"29 1","pages":"130-161"},"PeriodicalIF":0.9,"publicationDate":"2026-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jwip.70005","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147565382","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}

{"title":"Intellectual property rights and biodiversity: Peculiarizing issues of biopiracy and the prophylactic measures therein","authors":"K. V. Geethanjali,&nbsp;Atmaram F. Shelke","doi":"10.1111/jwip.70000","DOIUrl":"https://doi.org/10.1111/jwip.70000","url":null,"abstract":"<p>India being a tropical country has always been rich in biodiversity supported by its favorable climatic condition. With such potential, India has been in an ambivalent situation wherein its biodiversity is not only an asset to the economy, but it has also been masterfully exploited by outsiders, both nations and corporations, resulting in India becoming a victim of biopiracy. Over the years India has enacted several laws and certain measures to regulate, protect and also for harmonious coexistence and sustainable development of its biodiversity. Amongst those laws and measures, Patents Act, 1970 (Patents Act), and Biodiversity Act, 2002 (BDA), represent a form of unique symbiotic-duality, whereas Traditional Knowledge Digital Library (TKDL) acts as a reliable aid in the entire scenario. This paper provides an overview of patentability criteria provided under the Patents Act, an account of the repository, TKDL, followed by a brief discussion on the BDA, and few major instances and attempts of biopiracy in India and how, the Patents Act, along with TKDL and BDA has played a pivotal role in curbing biopiracy.</p>","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"29 1","pages":"66-81"},"PeriodicalIF":0.9,"publicationDate":"2026-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147569915","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":"Addressing the Dinosaur in the room: The curious cases of registrations of prohibited marks by the Indian trade marks registry","authors":"Tania Sebastian,&nbsp;Jupi Gogoi","doi":"10.1111/jwip.70002","DOIUrl":"https://doi.org/10.1111/jwip.70002","url":null,"abstract":"<p>The paper addresses the following questions: can the word ‘Dinosam’ (a herbicide listed in the Prohibited List (PL) published by the Indian Trade Marks Registry) be used as a pre-cursor to register the word ‘Dinosaur’? Is registration of the word ‘Dinosaur’ permissible within the tenets of protection under the Indian trademark law? What would change if the registration of the word ‘Dinosaur’ is sought for a pharmaceutical product? How would the legal position change when registration is sought for invented words like Dinosym or Dinosure instead of ‘Dinosaur’? (The Prohibited List contains names of medicines/drugs; one example is ‘Dinex.’ Dinex tablet is used to treat HIV and is an antiretroviral, whereas Dinex syrup is used for very different purposes as it was commonly used for the diagnosis or treatment of anaphylactic shock, breathing illnesses, allergies due to food.) This paper examines the grant of trademark rights to entries listed in the PL in India. The study is specific to pharmaceutical products to analyse its status based on the decision of the Trade Marks Registry. The registration, refusal, abandonment or opposition provide insights into the decision making of the Trade Marks Registry Indian Patent Office in matters related to the entries listed in the PL. This is relevant in the context of a duty of extra care required for pharmaceutical trademarks. The Indian Trademarks Act, 1999 specifically prohibits registration of names mentioned in the PL. However despite the express prohibition we see a trend of frequent registration of same and similar names arising from the PL. Hence, the study concludes that despite the presence of names in the PL, the Trade Marks Registry regularly grants similar/same trademark rights, and that in case of pharmaceutical products is a worrying trend.</p>","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"29 1","pages":"82-100"},"PeriodicalIF":0.9,"publicationDate":"2026-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147564076","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":"From colonial emancipation into the fourth republic: Lessons for Ghana's collective management for musicians and their works","authors":"Kow Abekah-Wonkyi","doi":"10.1111/jwip.12362","DOIUrl":"https://doi.org/10.1111/jwip.12362","url":null,"abstract":"<p>After Ghana gained independence in 1957, only two Collective Management Organizations (CMOs) have ever been established to collect and distribute royalties for copyright owners in musical works—the Copyright Society of Ghana (COSGA), established in 1986, and the Ghana Music Rights Organization (GHAMRO) established in 2011, which presently operates. Before them, the UK's Performing Rights Society (PRS) served this role during Ghana's colonial rule. Using an Intellectual Legal History methodology, this paper traces the evolution of CMOs in Ghana's music industry, analyzing the transition from COSGA to GHAMRO, assessing their operational effectiveness, and drawing lessons to shape future collective management practices. This paper argues that with the peculiarities of the digital age already posing its toll, the present challenges in copyright and collective management—such as, monitoring and licensing lapses, intermittent administrative absentia coupled with the seeming dearth of organizational expertism and the gaps in legal and operational frameworks, have deep-seated origins traceable to COSGA's operations. And that, the switch to GHAMRO, appears largely nominal than transformative, with limited impact on the structural and institutional reform of collective management in Ghana. As Ghana navigates the global and digital context, it is imperative to draw upon the lessons of history to inform the trajectory of its collective management practices. This includes, among others, reassessing the legal framework and fostering institutional competence.</p>","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"28 3","pages":"914-934"},"PeriodicalIF":0.9,"publicationDate":"2025-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jwip.12362","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145450001","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}