Journal of World Intellectual Property最新文献

{"title":"Destination imaging, compatibilities with intellectual property rights-based tourism industry","authors":"Mohamad Ayub Dar,&nbsp;Megha Ojha","doi":"10.1111/jwip.12268","DOIUrl":"https://doi.org/10.1111/jwip.12268","url":null,"abstract":"<p>Intellectual property pervades all aspects of life. Sustaining intellectual creations is often debatable. The abounding atmosphere of progress and development encompasses other industries as well. Tourism is a major economic driver that promotes social and cultural exchange while directly and indirectly employing millions of people. Destination branding is promoted by tourism. After the 2010 Eyjafjallajökul eruption, Iceland's reputation as a safe tourist destination plummeted. Iceland's government promoted the “Inspired by Iceland” brand to attract tourists. The brand is a symbol, mark, logo, name, word, or sentence used to distinguish one product from another. The paper examines the relationship between intellectual property rights (IPR) and tourism. Geographical indications (GI) have a huge impact on regional tourism. The GI manufacturing process and cultivation tend to attract tourists. Travelers often want to sample regional foods, flavors, aromas, and beverages and buy them directly from consumers, resulting in a tourist influx. The capitalist notion of destination branding is abandoned as the IPR-based tourism sector is revived. It also promotes the best way to develop the tourism industry while protecting IPRs. The link is also heavily emphasized to promote tourism. Regional development and eco-tourism policies should be promoted. The tourism industry benefits greatly from protecting indigenous communities and their traditional knowledge.</p>","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"26 2","pages":"328-335"},"PeriodicalIF":0.5,"publicationDate":"2023-03-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50151432","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":"Lessons from India and Thailand for Cambodia's future implementation of the TRIPS Agreement for pharmaceutical patents","authors":"Brigitte Tenni,&nbsp;Joel Lexchin,&nbsp;Sovath Phin,&nbsp;Chalermsak Kittitrakul,&nbsp;Deborah Gleeson","doi":"10.1111/jwip.12267","DOIUrl":"https://doi.org/10.1111/jwip.12267","url":null,"abstract":"<p>Cambodia is expected to graduate from least developed country (LDC) status in the near future, at which time it will be required to make patents available for pharmaceutical products and processes to meet its obligations under the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). Given its impending transition from LDC status, there is a need to balance Cambodia's intellectual property (IP) policies and regulations with public health priorities to ensure access to affordable life-saving medicines. This will be critical to achieving universal health coverage, one of the United Nations' Sustainable Development Goals. This paper examines Cambodia's IP laws and regulations to identify provisions which could reduce access to affordable generic medicines when it starts to grant patents for pharmaceuticals. It systematically compares Cambodia's IP laws and regulations applicable to patents with those of Thailand and India—two developing countries which have had some successes in preserving access to medicines despite the introduction of pharmaceutical patents. It identifies lessons for Cambodia from the experiences of Thailand and India in implementing TRIPS and using TRIPS flexibilities such as compulsory licensing to ensure access to a sustainable supply of affordable generic medicines. India's experience of implementing TRIPS offers a practical and valuable lesson in applying TRIPS for the greatest public benefit. Thailand, although it has not utilised TRIPS flexibilities as extensively as India, also offers valuable lessons in adapting and interpreting IP law to ensure sustainable access to generic medicines, especially in relation to compulsory licencing. Key recommendations for reform for Cambodia include strengthening the use of preventive and remedial TRIPS flexibilities and removing criminal sanctions for patent infringements. Cambodia should reject any TRIPS-plus provisions in its patent legislation, avoid membership of bilateral or plurilateral trade agreements that include TRIPS-plus provisions and avoid signing patent treaties and agreements designed to facilitate the granting of patents.</p>","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"26 2","pages":"166-194"},"PeriodicalIF":0.5,"publicationDate":"2023-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jwip.12267","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50134550","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":"The exploited yet legally underappreciated apparel domain of indigenous communities: Tracing WIPO's efforts and ongoing challenges","authors":"Niharika Salar,&nbsp;Shrudula Murthy","doi":"10.1111/jwip.12266","DOIUrl":"https://doi.org/10.1111/jwip.12266","url":null,"abstract":"<p>The International Intellectual Property Rights (IPR) regime currently endeavours to protect complex subject matters ranging from art and fashion to software. This paper will specifically examine the key international instruments (issued by the World Intellectual Property Organization [WIPO] and those applicable in the European Union) governing the apparel industry. To that end, it will analyse the different instruments governing the sector and will also highlight in brief the various initiatives undertaken by the WIPO towards facilitating and harmonising the process of protecting the different facets of the fashion sector. Further, we will look at the current statistics available on the different databases and will gauge how the sector has fared. Over the course of the paper, the authors will highlight the gap in the protection granted to garments or cloth weaving techniques belonging to indigenous communities (such fashion articles fall under the broad domain of the traditional cultural expression of a community) ranging from handlooms and handicrafts to unique textile and design prints, motifs, symbols, accessories, and so on, as compared to international fashion corporations. The existing gaps would be analysed in the current international IPR regime which makes it challenging to apply the current norms and standards of IP to elements of traditional and cultural clothing of indigenous communities. It will locate a few examples of communities utilising IPR to protect and promote their cultural heritage in the garment industry. Continuing on this tangent, the paper will look at how the IP regime can be adequately expanded to incorporate the needs and interests of indigenous communities and promote their fashion and culture. The final part of the paper will be conclusive in nature.</p>","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"26 2","pages":"312-327"},"PeriodicalIF":0.5,"publicationDate":"2023-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50134551","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":"How plant variety protection fails to benefit breeders to the detriment of plant innovation in Kenya's maize seed sector","authors":"Lodewijk Van Dycke","doi":"10.1111/jwip.12260","DOIUrl":"https://doi.org/10.1111/jwip.12260","url":null,"abstract":"<p>The adoption by African countries of plant variety protection via the adherence to the union internationale pour la protection des obtentions végétales (UPOV) convention has received criticism because it may dispossess African farmers of their seeds. Little is known about the empirical workings of UPOV's plant breeders' rights (PBRs) regarding African food crops. I interviewed plant breeders and right holders in Kenya's maize seed sector. I found that few actors register maize PBRs because maize varieties are often hybrid and especially because alternative, more powerful forms of pseudo-intellectual property are available in Kenya. Accordingly, almost all of the few protected varieties have been developed by the same breeding team within the parastatal maize seed company. In short, the main problem I discovered with PBRs in the Kenyan maize seed sector is not that they dispossess farmers. It is rather that, although PBRs sometimes accrue to individual breeders, conservative employers like the parastatal do not regard breeders as creative innovators. They do not incentivise their employees and do not use PBRs to this effect. This is problematic in circumstances like Kenya's, where selected breeding teams and individuals are much more productive than others and where a quickly changing climate may require a higher varietal turnover of adapted, formally bred varieties.</p>","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"26 1","pages":"63-89"},"PeriodicalIF":0.5,"publicationDate":"2023-02-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50148458","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":"Which mode of governance for the innovation cities of Moroccan public universities?","authors":"Hanane Nahid,&nbsp;Yassine Marzougui","doi":"10.1111/jwip.12265","DOIUrl":"https://doi.org/10.1111/jwip.12265","url":null,"abstract":"<p>The project to create innovation cities is part of the national innovation strategy developed since 2009, and of Law No. 01.00 on the organization of higher education which allowed to adopt judicious programs relating to the valorization of research and innovation within the universities. Therefore, to promote the valorization of research and to make society benefit from its results, various initiatives have been initiated. These initiatives gave birth to the Innovation Cities project. This project was designed around the axes of governance, regulatory framework, infrastructure, financing, support, and talent mobilization. Nevertheless, despite the results obtained, in terms of innovation and valorization of scientific research and also in terms of development of the entrepreneurial culture, difficulties hinder the management and governance of these complex ecosystems. As a result, the expected objectives could not be reached. The problematic posed is to question the difficulties encountered which are more related to the lack of adequate governance mode for this kind of structures allowing them to be able to release energies and promote innovation. In which, we will, in the first step, identify the difficulties due to the lack of efficient governance, and in the second step, show the different possible scenarios, proposed within the framework of the European Erasmus+ INSITES project “Institutionalization of Innovation and Knowledge Transfer Structures,” in view of the requirement of the missions of the cities of innovation and of the regulation in force, to implement an enlightened, transparent and quality governance.</p>","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"26 2","pages":"155-165"},"PeriodicalIF":0.5,"publicationDate":"2023-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50142274","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":"Artificial intelligence as object of intellectual property in Indonesian law","authors":"Tasya S. Ramli,&nbsp;Ahmad M. Ramli,&nbsp;Ranti F. Mayana,&nbsp;Ega Ramadayanti,&nbsp;Rizki Fauzi","doi":"10.1111/jwip.12264","DOIUrl":"https://doi.org/10.1111/jwip.12264","url":null,"abstract":"<p>Artificial intelligence (AI) has an important role in digital transformation worldwide, including in Indonesia. AI itself is a simulation of human intelligence that is modeled in machines and programmed to think like humans. At the time AI and the Internet of Things are connected, it can, in principle, act on data without the need for human intervention. AI was originally created by humans as a consequence of the massive digital revolution. Recently, AI has also developed rapidly to perform functions like humans and even produce works of intellectual property like humans, such as creating songs, making new inventions, making industrial designs, and so on. Thus, it is a question whether AI can be qualified as a legal subject of creator, inventor or designer and then register as intellectual property. This research answers this question from the perspective of Indonesian law based on Copyright Law, Patent Law, Industrial Design Law, as well as Trademark Law, and Geographical Indications as the existing Indonesian laws.</p>","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"26 2","pages":"142-154"},"PeriodicalIF":0.5,"publicationDate":"2023-02-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jwip.12264","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50130828","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":"Critical analysis of the protection of Traditional Knowledge Bill, 2022","authors":"Sreenath KP","doi":"10.1111/jwip.12263","DOIUrl":"https://doi.org/10.1111/jwip.12263","url":null,"abstract":"<p>The need for protecting traditional knowledge (TK) has been long established, and as a result, international negotiations are being conducted to protect TK internationally. Many international authorities appreciate India's efforts to create unique ways to protect TK. For instance, India was the first nation to set up Traditional Knowledge Digital Library, which helps scrutinise Patent applications on TK. Recently, Dr Shashi Tharror MP brought a private bill titled ‘Protection of TK’. Even though it's a bill, it still needs to be analysed because it serves as a reference point while formulating legislation by the union government or any state government. Hence, the paper aims to critically analyse the bill to point out its shortcomings of the bill. The bill gives TK holders hope since it asserts that it will protect TK from misappropriation. This bill can aid in commercialising TK. However, it is doubtful that the TK holders would gain from such commercialisation as specific provisions in the bill tend to favour outsiders more than the tribal or indigenous communities. It is identified that many crucial concepts about TK, such as ‘dynamic or changing’ or ‘traditional context’, which are necessary for stakeholders, authorities, and the judiciary to properly appreciate the nature of TK, have gone undefined. Also, it begs the question of why such a significant, essential component of TK is missing when the word ‘community’ is excluded from the definition of the term \"knowledge society.\" In essence, it is possible to argue that the bill has been inadequately written without enough weight on the philosophy of TK and its jurisprudential comprehension.</p>","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"26 2","pages":"305-311"},"PeriodicalIF":0.5,"publicationDate":"2023-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50155759","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 in telephone numbers in Nigeria","authors":"Nicholas Chinedu Eze","doi":"10.1111/jwip.12259","DOIUrl":"https://doi.org/10.1111/jwip.12259","url":null,"abstract":"<p>There are conflicting regulations affecting subscribers' property in telephone numbers in Nigeria. This article conceptualises telephone number as property capable of ownership in the jural sense and in the prism of bundle of rights theory of property. It analyses developments in advanced jurisdictions to highlight possibilities for reform. The analogy of treatment of property in domain name is used to demonstrate that contract can beget property rights. Some property concepts and theories are espoused to support the intellectual property in telephone number for the subscriber including privacy, trademark, acquisition theory, rule of capture, bundle of rights, goodwill, and so on. These are all used to demonstrate and advocate that there is property in telephone number vested in the subscriber in Nigeria, not only from a statutory perspective but also from some legal theories and approaches to property and any reform should approach it from those perspectives.</p>","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"26 1","pages":"97-114"},"PeriodicalIF":0.5,"publicationDate":"2023-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50147876","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":"Patents and other conditions of access to vaccines","authors":"Christopher Arup,&nbsp;Jagjit Plahe","doi":"10.1111/jwip.12258","DOIUrl":"https://doi.org/10.1111/jwip.12258","url":null,"abstract":"<p>This paper reviews the experience with access to vaccines during the pandemic. Its inquiry is the extent to which pharmaceutical patents have hindered or enhanced access when compared to other factors or conditions like health spending, manufacturing capacity, and regulatory competence. To conduct the review, the paper queries the regulatory governance perspective when it suggests a decentralised field of legal pluralism will maximise access. It recalls the pre-COVID-19 experience with antiretrovirals to provide pointers to the present situation. It then examines the experience with COVID vaccines under the headings of invention, production, procurement, and distribution. The review finds while patents may hinder access to vaccines, other, essential conditions for access, like independent manufacturing capacity and commitment to procurement, are not established. Regulatory governance must now adopt a much more concerted, coordinated approach, mobilising both patent regulation and other key conditions to further access. The review is an opportunity to gather some of the copious commentary on this issue.</p>","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"26 1","pages":"41-62"},"PeriodicalIF":0.5,"publicationDate":"2023-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jwip.12258","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50147877","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":"Patent pools and innovation-based approach in global healthcare crisis","authors":"Sherin Priyan,&nbsp;Gouri Gargate","doi":"10.1111/jwip.12262","DOIUrl":"https://doi.org/10.1111/jwip.12262","url":null,"abstract":"<p>During the COVID 2019 pandemic, the healthcare sector faced major jurisprudential questions about the intellectual property system. During this period, the world was in the midst of a healthcare crisis, wherein the debate between the reward for innovation versus accessibility to all at equitable rates have become intense. In a such challenging scenario, the scientific community were dedicated toward the research while the healthcare industry was indulging in arguments over the incentives on creation. In this paper, the authors, as IP researchers, argue that in a scenario where there is an intense dispute over innovation versus accessibility, probably patent pool can serve as a mechanism to handle the tussle. The authors have analyzed a few patent pool models that were chosen on the basis of the types of patents in the pool. Additionally, an attempt is made to scrutinize the laws governing patent pools in developed countries and developing countries. In doing so, the authors draw the benefits and limitations of the patent pools in healthcare. We follow a qualitative research methodology. The research is based on secondary data and has some limitations because of this.</p>","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"26 2","pages":"117-141"},"PeriodicalIF":0.5,"publicationDate":"2023-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50155761","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}