Journal of World Intellectual Property最新文献_第3页

What does religion have to do with it: Exploring noninstitutional arguments for effective enforcement of IPR 宗教与此有何关系：探索有效执行知识产权的非制度论点

IF 0.7

Journal of World Intellectual Property Pub Date : 2024-11-11 DOI: 10.1111/jwip.12329

Latika Choudhary, Hardik Daga

{"title":"What does religion have to do with it: Exploring noninstitutional arguments for effective enforcement of IPR","authors":"Latika Choudhary, Hardik Daga","doi":"10.1111/jwip.12329","DOIUrl":"https://doi.org/10.1111/jwip.12329","url":null,"abstract":"Through this paper the authors intend to establish a connect between religion and Intellectual Property Rights (IPR) particularly how various religions have justified IPRs and analyze whether religion can prove to be the much-needed enforcement tool to fight infringement of IPRs. Intellectual Property is a domain which is governed purely by creativity and technology and has traditionally been justified by utilitarianism. However, the evidence we are in possession of does not entirely justify the rationale of exclusive rights granted under the current IPR regime. While questioning the contradictory evidence seems as a logical move, instead scholars are turning to nonindustrial faith-based arguments which justify intellectual property as a moral end in itself. A growing number of academics are choosing to devote at least a portion of their research to examining how religious thought can influence approaches to difficult intellectual property questions because they find the religious texts to be a rich source of inspiration on both temporal and eternal issues. A major obstacle in the enforcement of IPR is that people are not entirely convinced that infringing IPR is unethical. This enforcement challenge, surprisingly in the presence of legislations, may be tackled by informal institutions such as religious commitments.","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"28 1","pages":"220-239"},"PeriodicalIF":0.7,"publicationDate":"2024-11-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143581350","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 EU's Artificial Intelligence Act and copyright 欧盟的人工智能法案和版权

IF 0.7

Journal of World Intellectual Property Pub Date : 2024-11-10 DOI: 10.1111/jwip.12330

Andres Guadamuz

引用次数: 0

Web scraping: Jurisprudence and legal doctrines 网络抓取：法理学和法律学说

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Journal of World Intellectual Property Pub Date : 2024-11-09 DOI: 10.1111/jwip.12331

Avv. Gino Fontana

引用次数: 0

Mellowing down the rigour of the concept of ‘trans-border reputation’ to accommodate bona fide domestic use: The Indian and Sri Lankan perspectives 缓和“跨境声誉”概念的严谨性，以适应真正的国内使用：印度和斯里兰卡的观点

IF 0.7

Journal of World Intellectual Property Pub Date : 2024-10-21 DOI: 10.1111/jwip.12328

Wathsala Ravihari Samaranayake

{"title":"Mellowing down the rigour of the concept of ‘trans-border reputation’ to accommodate bona fide domestic use: The Indian and Sri Lankan perspectives","authors":"Wathsala Ravihari Samaranayake","doi":"10.1111/jwip.12328","DOIUrl":"https://doi.org/10.1111/jwip.12328","url":null,"abstract":"In this era of global trade and digital communication, where geographical borders between states have become virtually redundant, the ‘aura’ of well-known trademarks easily transgresses national borders. As an upshot of this, the reputation and goodwill attached to well-known trademarks have become less and less commensurate with the territorial boundaries of individual states. This raises the question of whether strict adherence to the bedrock principle of ‘territoriality’ is both apt and justifiable in the backdrop of modern commerce—not only from a trademark holder's perspective but also from a consumer-centric viewpoint. Although the judicially crafted concept of ‘trans-border reputation’ is often hailed as a promising solution to this problem; sometimes it postulates a too-liberal approach to protecting the interests of the foreign trademark owners. Most significantly, the concern has been raised that the application of an unbridled doctrine of ‘trans-border reputation’ may unduly thwart the interests of local entrepreneurs. Thus, the argument that the ‘priority of innocent use’ by a local trader should not be superseded by the trans-border reputation of a foreign well-known trademark cannot be easily ignored. This paper aims to critically evaluate the application of the trans-border reputation concept within the Indian and Sri Lankan legal landscapes, discussing in detail the implications of the landmark cases determined by the Indian and Sri Lankan judiciaries. Most importantly, it seeks to introduce a mechanism for minimizing prejudice to the bona fide domestic users of marks, by employing ‘bad faith’ as a balancing tool.","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"28 1","pages":"170-196"},"PeriodicalIF":0.7,"publicationDate":"2024-10-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143582028","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

How many drugs are repositioned each year in Europe? 在欧洲，每年有多少药物被重新定位？

IF 0.7

Journal of World Intellectual Property Pub Date : 2024-10-21 DOI: 10.1111/jwip.12327

Johnathon Liddicoat, Ashleigh Hamidzadeh, Kathleen Liddell, Mateo Aboy

{"title":"How many drugs are repositioned each year in Europe?","authors":"Johnathon Liddicoat, Ashleigh Hamidzadeh, Kathleen Liddell, Mateo Aboy","doi":"10.1111/jwip.12327","DOIUrl":"https://doi.org/10.1111/jwip.12327","url":null,"abstract":"For two decades, commentators have argued for law and policy reform to incentivise organisations to develop new indications for (already) authorised drugs, an area of drug development known as ‘repositioning’. In short, they argue that hurdles in patent and pharmaceutical law hinder repositioning and, therefore, reform is required to increase its use. Yet, these arguments are made primarily on anecdotes; the empirical evidence is scant. One foundational question is how many drugs are repositioned each year in Europe. This study develops a method to examine the number authorised each year. The results show a marked increase in repositioning over the last 3 years, and that the number per year is comparable, though slightly fewer than, the number of new compounds, indicating modest to higher-than-expected activity. This study considers what the results mean for four suggested reform options, including the EU Commission's recent proposal. We conclude that the reforms may not achieve their goals or that further evidence is required before we can know whether they will be effective. Lastly, this paper explains how the method and data in this study could serve as a benchmark for evaluating the success of future reforms.","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"28 1","pages":"155-169"},"PeriodicalIF":0.7,"publicationDate":"2024-10-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jwip.12327","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143582056","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

Criminal enforcement of copyright in India 印度版权的刑事执法

IF 0.7

Journal of World Intellectual Property Pub Date : 2024-10-15 DOI: 10.1111/jwip.12325

Apoorv Kumar Chaudhary

引用次数: 0

Assessing the prospects and constraints of blockchain technology for intellectual property management 评估区块链技术用于知识产权管理的前景和限制

IF 0.7

Journal of World Intellectual Property Pub Date : 2024-09-14 DOI: 10.1111/jwip.12324

Dinesh Kumar, Nidhi Suthar

引用次数: 0

The Audi Spare-Parts Case (CJEU): A closer look at critical opinions 奥迪零配件案（CJEU）：近距离观察批评意见

IF 0.7

Journal of World Intellectual Property Pub Date : 2024-08-31 DOI: 10.1111/jwip.12323

Himanshu Arora

{"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":"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.","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}

引用次数: 0

Intellectual property-based financing scheme for creative industry in Indonesia: Policy, progress, challenges and potential solutions 印度尼西亚基于知识产权的创意产业融资计划：政策、进展、挑战和潜在解决方案

IF 0.7

Journal of World Intellectual Property Pub Date : 2024-08-08 DOI: 10.1111/jwip.12322

Ranti Fauza Mayana, Tisni Santika

{"title":"Intellectual property-based financing scheme for creative industry in Indonesia: Policy, progress, challenges and potential solutions","authors":"Ranti Fauza Mayana, Tisni Santika","doi":"10.1111/jwip.12322","DOIUrl":"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":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}

引用次数: 0

TRIPS and the right to human health: A case study on Brazil's health policies and its implications 与贸易有关的知识产权与人类健康权：关于巴西卫生政策及其影响的个案研究

IF 0.7

Journal of World Intellectual Property Pub Date : 2024-08-04 DOI: 10.1111/jwip.12321

Marcella Rocha dos Reis

引用次数: 0