Journal of World Intellectual Property最新文献_第6页

Communities as inventors: Rethinking positive protection of traditional knowledge through patents 社区作为发明者:重新思考通过专利对传统知识的积极保护

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Journal of World Intellectual Property Pub Date : 2023-04-18 DOI: 10.1111/jwip.12279

Anik Bhaduri

{"title":"Communities as inventors: Rethinking positive protection of traditional knowledge through patents","authors":"Anik Bhaduri","doi":"10.1111/jwip.12279","DOIUrl":"10.1111/jwip.12279","url":null,"abstract":"Traditional knowledge of indigenous communities often overlaps with spiritual traditions in which certain biogenetic resources are understood to be “sacred”. Accordingly, one of the key concerns of these communities is to retain control over the manner in which the knowledge is used so as to ensure that its sanctity is preserved. While much of the literature on the protection of traditional knowledge revolves around defensive protection, some commentators have argued for positive protection using patent law by recognizing the entire community as inventors and vesting property rights in perpetuity with the community as a whole. This paper observes that such positive protection through patents is consistent with the TRIPS Agreement and is likely to be successful in combating biopiracy but suffers from one crucial flaw—even if the community owns patent rights over a biogenetic resource, the community has no means to ensure that a potential licensee of the patent would adhere to the religious protocols of the community. Accordingly, it argues for the incorporation of collective moral rights rooted in indigenous law into the legal framework governing the licensing of traditional knowledge patent with a view to ensuring that indigenous communities can preserve their cultural heritage even after such community patents are licensed.","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"26 3","pages":"414-435"},"PeriodicalIF":0.5,"publicationDate":"2023-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77819956","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

Role of open innovation and patents on strategic decision making 开放式创新和专利对战略决策的作用

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Journal of World Intellectual Property Pub Date : 2023-04-18 DOI: 10.1111/jwip.12277

Soumya P. Patra

{"title":"Role of open innovation and patents on strategic decision making","authors":"Soumya P. Patra","doi":"10.1111/jwip.12277","DOIUrl":"10.1111/jwip.12277","url":null,"abstract":"The fourth industrial revolution, as it is popularly known, is transforming the overall ecosystem of business and is swiftly affecting the structure of organizations with respect to their working strategy. It is leading to enhanced collaboration and cross-application of center-specific fundamentals across various industries. As a result, collaboration and cross-licensing of technologies have become the norm rather than an exception. Open innovation, therefore, plays a critical role in various horizontal applications of industry-specific concepts. As a result, choices such as “keep or sell” or “make or buy” research and development (R&D) supplies have become extremely critical and significant. Therefore, patent-based research is required as an enabling tool for assisting research on an open innovation-based approach. This article projects an in-depth review of the research articles related to various aspects of open innovation and patents and their overall impact on firm performance. This article also suggests an open innovation model that cumulates the role of patents and institutional participation with a focus on firm performance. The impact of open innovation on firm performance is evaluated with respect to variables on market positioning, R&D capacity building with respect to technology lifecycle, the impact of intellectual property, for instance, the existence of valid patents and know-how, and the process of acquisition of technologies by such organizations.","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"26 3","pages":"381-413"},"PeriodicalIF":0.5,"publicationDate":"2023-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73498158","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

Who judges plants? Scientific-legal judgement of varieties for plant breeder's rights 谁来评判植物?植物育种者权利的品种科学法判断

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Journal of World Intellectual Property Pub Date : 2023-04-16 DOI: 10.1111/jwip.12276

Hamish MacDonald

引用次数: 0

Licensing standard-essential patents in artificial intelligence-based apps: A theory on dynamic royalty pricing mechanism 基于人工智能的应用程序中标准必要专利的许可:一种动态版税定价机制理论

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Journal of World Intellectual Property Pub Date : 2023-04-13 DOI: 10.1111/jwip.12278

Sunandan Baruah, Ankur P. Saikia

引用次数: 0

Intellectual property rights in outer space: How can pharmaceutical companies protect COVID-19 vaccine and immunotherapy developments aboard the ISS US national laboratory? 外层空间的知识产权：制药公司如何保护ISS美国国家实验室上的新冠肺炎疫苗和免疫疗法开发？

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Journal of World Intellectual Property Pub Date : 2023-04-11 DOI: 10.1111/jwip.12270

Adnan Jashari, Stefani Stojchevska

{"title":"Intellectual property rights in outer space: How can pharmaceutical companies protect COVID-19 vaccine and immunotherapy developments aboard the ISS US national laboratory?","authors":"Adnan Jashari, Stefani Stojchevska","doi":"10.1111/jwip.12270","DOIUrl":"https://doi.org/10.1111/jwip.12270","url":null,"abstract":"Believing that space pharmaceuticals might be the key to winning the battle against COVID-19, global pharmaceutical companies such as AstraZeneca and Sanofi Pasteur are currently collaborating with the International Space Station National Laboratory (ISS-NL) on research projects aiming to develop vaccine-and-immunotherapy products. The present legal regime for outer space, however, does not provide clear guidelines on safeguarding intellectual property rights (IPRs), due to the difficulties of reconciling the territorial nature of patent law and the nonterritorial nature of space law. Responding to such a legal gap, this research paper argues how pharmaceutical companies can protect such medical innovations by taking into consideration the international principles of space law addressing IPRs and extraterrestrial jurisdiction, as well as the legal regime of the ISS-NL. With the exception of the possibility of the barriers between the two areas of law not being insurmountable, the proposed COVID-19 TRIPS Waiver furthermore impacts space pharmaceuticals' IPRs and commercialization, which leads to the identification of some advantageous forms of agreements, including the Joint Endeavor Agreement, the Space Act Agreement, as well as the Cooperative Research and Development Agreement, for pharmaceutical companies defined as agreement partners with the National Aeronautics and Space Administration.","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"26 2","pages":"227-258"},"PeriodicalIF":0.5,"publicationDate":"2023-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50128417","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

Why patent waiver for Covid-19 vaccines and pharmaceuticals? 为什么新冠肺炎疫苗和药品的专利豁免？

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Journal of World Intellectual Property Pub Date : 2023-04-06 DOI: 10.1111/jwip.12269

Mrityunjay Kumar, Nalin Bharti

{"title":"Why patent waiver for Covid-19 vaccines and pharmaceuticals?","authors":"Mrityunjay Kumar, Nalin Bharti","doi":"10.1111/jwip.12269","DOIUrl":"https://doi.org/10.1111/jwip.12269","url":null,"abstract":"Patent protection emerged as one of the most challenging barriers to the access to medicines, medical equipment, and vaccines as well for the treatment and containment of Covid-19 when it became a pandemic. The severe scarcity of vaccines and pharmaceutical products were weakening the fight against Covid-19, and endeavor to contain the recurrence of pandemic waves while mutation of the SARS-CoV-2 was also on the full swing. Therefore, India and South Africa jointly proposed for patent waiver at WTO in October 2020 to effectively deal with the short-supply of medicines, medical equipment, vaccines and high price concern related to these products. After 20 months of consultation and negotiations with major stakeholders, the WTO came up with decision on patent waiver in 12th Ministerial Conference (12th MC). The time taken to reach to the decision in the pandemic situation and the narrow scope of the decision is a serious concern for the entire world to deal effectively with Covid-19 and its variants. This paper attempts to analyse the patent waiver in the context of the agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). It discusses patent barriers, alternative measures and needs for equitable access to vaccines and pharmaceuticals amidst the pandemic. Paper applies the qualitative methodology of research mainly content analysis method in the framework of contextualisation, decontextualisation, and recontextualisation. Results show that suspending certain provisions of the TRIPS required for the production of vaccines and medicines would prove a crucial tool for economies to return to its pre-Covid-19 era. Paper concludes that, patent waiver can be one of the most important tool to fight the Covid-19 (as WHO has not yet declared the end of pandemic) and will pave the way to deal with any such unknown future pandemic effectively.","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"26 2","pages":"195-226"},"PeriodicalIF":0.5,"publicationDate":"2023-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50122546","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

Digital Copyright Law, A Comparative Study of the Limitation and Exceptions Relating To Education, Betsy Vinolia Rajasingh.: Thomson Reuters First Edition, 2020. 348, Price: Rs. 750/-, ISBN 978-93-89891-35-5. 数字版权法，教育限制和例外的比较研究，Betsy Vinolia Rajasingh：汤森路透2020年第一版。348，价格：750卢比/-，ISBN 978-93-89891-35-5。

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Journal of World Intellectual Property Pub Date : 2023-04-03 DOI: 10.1111/jwip.12272

Manish Kumar, Nandan Sharma, Maya Devi

引用次数: 0

Other options to resolve patent infringement dispute, experiences from China 解决专利侵权纠纷的其他选择——来自中国的经验

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Journal of World Intellectual Property Pub Date : 2023-04-03 DOI: 10.1111/jwip.12273

Ma Biyu, Yu Dingming

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Geographical indications and traditional cultural expressions: A comparative legal analysis of the GI laws of Indonesia and India and a case study analysis 地理标志与传统文化表现:印尼与印度地理标志法之比较法律分析及个案分析

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Journal of World Intellectual Property Pub Date : 2023-04-03 DOI: 10.1111/jwip.12274

Sreenath K. P., Anson C. J.

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A re-examination of the plant variety act 2021 from the perspective of pre-exisiting obligation to protect plant varieties 从保护植物品种的现有义务角度重新审视《2021年植物品种法》

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Journal of World Intellectual Property Pub Date : 2023-03-26 DOI: 10.1111/jwip.12271

Oluwaseun S. Fapetu

引用次数: 0