Journal of World Intellectual Property最新文献

{"title":"Assessing the prospects and constraints of blockchain technology for intellectual property management","authors":"Dinesh Kumar,&nbsp;Nidhi Suthar","doi":"10.1111/jwip.12324","DOIUrl":"https://doi.org/10.1111/jwip.12324","url":null,"abstract":"<p>This study aims to assess the prospects and constraints of blockchain technology (BCT) for intellectual property management (IPM). It uses a qualitative method using existing literature related to BCT and IPM. Findings suggest that BCT has huge potential to transform IPM using BCT. The BCT can provide better transparency, security, and efficiency. BCT can be useful for increased transparency, trust, better licensing management, collaboration, innovation, and digital rights management. However, BCT has challenges in terms of standardization, interoperability, data privacy, security, accessibility, inclusivity, and integration with legacy systems. This paper will be useful for policymakers to implement the use of BCT in IPM.</p>","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"28 1","pages":"124-140"},"PeriodicalIF":0.7,"publicationDate":"2024-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143581967","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 Audi Spare-Parts Case (CJEU): A closer look at critical opinions","authors":"Himanshu Arora","doi":"10.1111/jwip.12323","DOIUrl":"https://doi.org/10.1111/jwip.12323","url":null,"abstract":"<p>The present article is confined to the legal examination of the ‘critical opinions’ and the ‘misconceptions’ rendered or drawn with regard to a recent judgement of ‘Court of Justice of the European Union (CJEU)’ in a case, commonly known as ‘Audi Spare Parts Case’ (C-334/22), whereby the CJEU has disallowed the use of a registered mark/sign (or a shape which is identical or similar to a registered mark/sign) on the spare parts of the car (or any complex product or machine for that matter) which interferes with the ‘essential functions’ of a mark/sign. The article summarily notes the involved facts and the legal context of the aforesaid case and then proceeds to analyse the congruity and the legal validity of the noted ‘critical opinions’, with the support of established legal principles, precedents, and statutory frameworks. The article also addresses and clarifies some misconceptions drawn with regard to the relevant legal concepts (of the Trade Marks Law), and concludes, in the wake of the findings of the legal analysis, that the Hon'ble Court has rightly upheld the intent and purport of ‘The Trade Marks Regulation’. At the end, the implications of the aforesaid judgement are also mentioned within a broader perspective, explaining their significance beyond the immediate context.</p>","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"28 1","pages":"114-123"},"PeriodicalIF":0.7,"publicationDate":"2024-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143582075","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":"Intellectual property-based financing scheme for creative industry in Indonesia: Policy, progress, challenges and potential solutions","authors":"Ranti Fauza Mayana,&nbsp;Tisni Santika","doi":"10.1111/jwip.12322","DOIUrl":"10.1111/jwip.12322","url":null,"abstract":"<p>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.</p>","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"28 1","pages":"95-113"},"PeriodicalIF":0.7,"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":"TRIPS and the right to human health: A case study on Brazil's health policies and its implications","authors":"Marcella Rocha dos Reis","doi":"10.1111/jwip.12321","DOIUrl":"https://doi.org/10.1111/jwip.12321","url":null,"abstract":"<p>The incorporation of intellectual property laws in Brazil, by drafting or amending laws, as a result of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, has been a subject of political and social debate. The ambiguity of the Agreement's effects explains the Brazilian government's reluctance to address the issue, particularly concerning public health policies, as it presents a conflict between healthcare rights and intellectual property protection. The country had utilized compulsory licensing of an antiretroviral drug for AIDS treatment under Decree No. 6,108/2007. This precedent has sparked discussions about future cases of selective incorporation of compulsory licensing as a national prerogative, aiming to ensure that the patent system upholds the country's right to protect public health and promote access to medicines, in accordance with The Doha Declaration on the TRIPS Agreement. Nevertheless, such a pattern could undermine innovation and discourage private-sector investment and research, which is predominantly conducted by developed countries.</p>","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"28 1","pages":"77-94"},"PeriodicalIF":0.7,"publicationDate":"2024-08-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143581737","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. Phoebe Chan","doi":"10.1111/jwip.12319","DOIUrl":"10.1111/jwip.12319","url":null,"abstract":"<p>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.</p>","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"28 1","pages":"58-76"},"PeriodicalIF":0.7,"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":"Svitlana Lebedenko","doi":"10.1111/jwip.12318","DOIUrl":"10.1111/jwip.12318","url":null,"abstract":"<p>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.</p>","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"28 1","pages":"3-23"},"PeriodicalIF":0.7,"publicationDate":"2024-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jwip.12318","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141654492","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":"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,&nbsp;Laina Rafianti,&nbsp;Wina Puspitasari,&nbsp;Isti Novianti","doi":"10.1111/jwip.12320","DOIUrl":"10.1111/jwip.12320","url":null,"abstract":"<p>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.</p>","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"28 1","pages":"24-57"},"PeriodicalIF":0.7,"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}

{"title":"The flexibilization of intellectual property rights in cases of health crises: A case study of Brazil in the face of the AIDS and COVID sanitary crises","authors":"Marcelo Dias Varella,&nbsp;Katia Adriana Cardoso de Oliveira","doi":"10.1111/jwip.12317","DOIUrl":"https://doi.org/10.1111/jwip.12317","url":null,"abstract":"<p>Intellectual property (IP) law is traditionally considered rigid, with little room for maneuvering in crisis cases. In this article, through three case studies, we discuss how health crises have affected IP rights, especially in Brazil, and the relationship of Brazilian decision-making with internationally accepted legal frameworks. In the first case, on the AIDS crisis, we discuss the initiatives of compulsory licenses in Brazil and the debate on the Doha Declaration on public health, in which the international community recognized the national margin of appreciation of TRIPs in specific cases, making the Brazilian government's action viable. In the second case, on COVID, we discuss some proposals for waiver of IP rights that, although not effectively implemented, were important to pressure economic players to find solutions to transfer technology and expand the production of newly discovered vaccines, with the transfer of technology and expansion of Brazilian vaccine factories. In the third case, also on COVID, we discuss how the health crisis induced the Brazilian Judiciary, Executive, and Legislative branches to change different points of the IP law that had been under discussion for many years and reduced the extent of these rights, to increase access to medicines, but limited by international minimum standards. We conclude that IP law is essential for developing new drugs to deal with health crises. At the same time, these crises are essential for constructing Law that prevents abuses by dominant economic actors.</p>","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"27 3","pages":"563-575"},"PeriodicalIF":0.7,"publicationDate":"2024-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142642425","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":"Factors influencing the prioritisation of access to medicines in trade-related intellectual property policymaking in Thailand","authors":"Brigitte Tenni,&nbsp;Joel Lexchin,&nbsp;Chutima Akaleephan,&nbsp;Chalermsak Kittitrakul,&nbsp;Belinda Townsend,&nbsp;Deborah Gleeson","doi":"10.1111/jwip.12316","DOIUrl":"https://doi.org/10.1111/jwip.12316","url":null,"abstract":"<p>Thailand is facing ongoing trade-related challenges that threaten access to an affordable and sustainable supply of medicines. Despite Thailand's history of balancing trade pressures and public health priorities, little is known about the factors that enable or constrain a focus on access to medicines in trade-related intellectual property (IP) decision making. Using document analysis and qualitative interviews, and drawing on Kingdon's Multiple Streams Framework, this qualitative study examines the factors that have enabled or constrained Thailand from focusing on access to medicines in three case studies of trade-related IP policy: Thailand's patent law and its amendments; its issuance of compulsory licences; and its decision-making about TRIPS-plus trade agreements including potential membership of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership. The degree to which access to medicines has been prioritised in Thailand's trade-related IP policymaking has varied across different types of policymaking and over time. Integral to its successes has been the involvement of the Ministry of Health and sustained advocacy by access to medicines coalitions which exert political pressure, generate evidence, and provide technical assistance to support evidence-based policy reform. In addition, Thailand's compulsory licencing was made possible by a policy entrepreneur with the motivation and authority to implement policy change. Constraints to Thailand's focus on access to medicines have included its trade dependence on the United States (US), ongoing US trade pressure to implement TRIPS-plus measures, and intense lobbying from Pharmaceutical Research and Manufacturers of America, the organisation representing US-based major pharmaceutical companies, to increase IP protection for pharmaceuticals in Thailand. Through the use of Kingdon's framework, this study's focus on three different types of trade-related IP policymaking has provided a detailed picture of the factors that have influenced the prioritisation of access to medicines and how these have played out in Thailand. Thailand's mixed history with regard to the prioritisation of access to medicines could provide lessons for other low- and middle-income countries facing similar challenges to access to medicines by ensuring that the conditions are right in each of the three streams for windows of opportunity to emerge.</p>","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"27 3","pages":"532-562"},"PeriodicalIF":0.7,"publicationDate":"2024-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jwip.12316","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142642357","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":"Law libraries, copyright and digital lending","authors":"Aishwarya Chaturvedi","doi":"10.1111/jwip.12315","DOIUrl":"https://doi.org/10.1111/jwip.12315","url":null,"abstract":"<p>The article titled “Law Libraries, Copyright and Digital Lending” aims to bring to the fore copyright issues related with digital lending by law libraries and is a comparative study of the copyright law of India and the United States. Accordingly, this piece will analyze the situation in two jurisdictions—India and the United States to understand the facilitation of digital lending by law libraries, particularly during the COVID-19 pandemic. It will look at some key concepts such as publication, distribution, reproduction, controlled digital lending, fair use, fair dealing, public interest, exhaustion, and copyright infringement. To understand the practice of digital lending by law libraries in India and controlled digital lending in the United States the author interviewed a few librarians from both countries and learnt about the challenges faced by librarians to facilitate digital lending. The author also learnt that while librarians in the United States practice controlled digital lending, librarians in India do not; they practice only digital lending. Testimonies of librarians and analysis of the present law and precedents in India and the United States led the author to understand that there is no concrete law on digital lending by law libraries at present in the two jurisdictions. Accordingly, this article discusses the utility and necessity of digital lending by law libraries in the present times, as also that of controlled digital lending.</p>","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"27 3","pages":"515-531"},"PeriodicalIF":0.7,"publicationDate":"2024-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142642352","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}