Journal of World Intellectual Property最新文献_第8页

Customary rights of farmers and PepsiCo controversy 农民的习惯权利与百事公司的争议

IF 0.5

Journal of World Intellectual Property Pub Date : 2023-01-30 DOI: 10.1111/jwip.12261

Digvijay Singh, Rajnish K. Singh

{"title":"Customary rights of farmers and PepsiCo controversy","authors":"Digvijay Singh, Rajnish K. Singh","doi":"10.1111/jwip.12261","DOIUrl":"https://doi.org/10.1111/jwip.12261","url":null,"abstract":"Farming communities have played a vital role in making plant genetic resources available to commercial plant breeders for development of new varieties of plants. They are instrumental in ensuring sustainability of agriculture, which is a must to meet the demands of an increasing world's population. Despite the above the contributions of farming communities are undervalued. Agriculture-based economies cannot do justice with these communities by treating them as steward of biological resources only. Attempts have been made in different jurisdictions to protect commercial plant breeders as well as farmers using different options available under the TRIPs Agreement. But, in no jurisdiction, farming communities have affirmative rights equal to or better than commercial plant breeders due to the demands of privatization of seed industries and technological developments in agriculture sector. An attempt has been made by the Government of India under the Protection of Plant Varieties and Farmers' Rights Act, 2001 to recognize the enormous contributions of farming communities and give them protection at par with commercial plant breeders. In fact, the Act recognizes the long-due customary claims of farming communities. The paper examines the rights of farmers as customary rights particularly in light of the UNDROP, 2018. It critically examines the recent decision of PPV&FR Authority in Kavitha Kuruganti case to understand PepsiCo's concerns and its contradictions with customary rights of farmers in India.","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"26 2","pages":"295-304"},"PeriodicalIF":0.5,"publicationDate":"2023-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50155760","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 adoption of FinTech and the legal protection of the digital assets in Islamic/Sharia banking linked with economic development: A case of Indonesia 金融科技的采用以及与经济发展相关的伊斯兰/伊斯兰银行数字资产的法律保护：以印度尼西亚为例

IF 0.5

Journal of World Intellectual Property Pub Date : 2023-01-07 DOI: 10.1111/jwip.12257

Siti N. Azizah

{"title":"The adoption of FinTech and the legal protection of the digital assets in Islamic/Sharia banking linked with economic development: A case of Indonesia","authors":"Siti N. Azizah","doi":"10.1111/jwip.12257","DOIUrl":"https://doi.org/10.1111/jwip.12257","url":null,"abstract":"Based on the enormous growth of financial technology (FinTech) and digital assets in banking financial transactions, this research has been conducted in an Islamic banking sector. It aims to discuss and elaborate the Islamic/sharia banking, the adoption of Islamic FinTech, the legal protection of digital assets, and their role in economic development in Indonesia. To achieve the study objectives, researchers applied a comparative and normative judicial approach along with perspective and descriptive analysis methods. The results revealed the significant adoption of FinTech by the Islamic banking sector. In contrast, the findings also showed that, regardless of the availability of laws and regulations regarding FinTech in the conventional banking system, no general regulations and laws are available regarding Islamic FinTech and the protection of digital assets under the Central Bank of Indonesia and Financial Services Authority. However, there are some important guidelines regarding the legal protection for Islamic FinTech and digital assets as per the Fatwa issued by the National Shariah Board of Indonesian Ulama. Furthermore, considering the utmost importance of financial technologies, Islamic banks should embrace the innovations linked with such technologies to cater to customers' needs based on an interest-free system.","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"26 1","pages":"30-40"},"PeriodicalIF":0.5,"publicationDate":"2023-01-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50123974","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

The legal construction of geographical indications in Africa 非洲地理标志的法律建构

IF 0.5

Journal of World Intellectual Property Pub Date : 2022-12-12 DOI: 10.1111/jwip.12255

Titilayo Adebola

{"title":"The legal construction of geographical indications in Africa","authors":"Titilayo Adebola","doi":"10.1111/jwip.12255","DOIUrl":"https://doi.org/10.1111/jwip.12255","url":null,"abstract":"This paper discusses how African organisations and countries construct their geographical indication (GI) systems. It makes three primary arguments. First, that the nascent GI agenda in Africa is driven by the European Union (EU) to principally promote European interests. Nonetheless, African countries can benefit from GI regimes by crafting laws that promote African interests. Second, that simply embracing the introduction of GI laws will not result in the EU's promised socioeconomic development in Africa. This is because multifarious factors including infrastructure, investment, branding, marketing and security are required to realise successful GI regimes. Third, that African countries must leverage contextually customised GI regimes to maximise the potentials they present. Contextually customised GI regimes can engender socioeconomic development. Beyond the EU's agenda-setting technologies, international affiliations and treaty boundaries shape GI laws in Africa, which inform the marked variation in its GI systems. This variation reflects the dissonance in international treaties for GIs. While African countries align with demandeurs that espouse stronger GIs laws at the international level, the only regional instrument on GIs in Africa is its Continental Strategy for GIs. In examining examples from the Organisation Africaine de la Propriété Intellectuelle, the African Regional Intellectual Property Organisation, South Africa, Kenya and Nigeria, this timely paper maintains that although GIs present promises of socioeconomic development, policymakers, lawmakers and relevant African stakeholders must caution against their often-overlooked pitfalls. As ultimately, it is the responsibility of Africans, not foreigners, to guarantee the generation of thriving GI ecosystems for African products.","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"26 1","pages":"3-29"},"PeriodicalIF":0.5,"publicationDate":"2022-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jwip.12255","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50129805","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: 1

Psychological impact of olfactory branding: The future of smell marks in India 嗅觉品牌的心理影响：印度嗅觉标记的未来

IF 0.5

Journal of World Intellectual Property Pub Date : 2022-12-07 DOI: 10.1111/jwip.12256

Pranjali Sahni

{"title":"Psychological impact of olfactory branding: The future of smell marks in India","authors":"Pranjali Sahni","doi":"10.1111/jwip.12256","DOIUrl":"https://doi.org/10.1111/jwip.12256","url":null,"abstract":"Scents have been used by business organizations for commercializing their products since historic times. Because of the psychological connect that a consumer immediately makes as he smells something unique, olfactory branding is considered as a very productive and effective marketing tool. Trademark law attempts to protect a brand's identity with the ultimate motive of preventing consumers from deceptively similar goods. Scholars and businesses have been raising their voice in a demand call for smell mark protection under trademark law, arguing that smell is just as important for identifying the origin-point of a product for a consumer as is the brand's logo or name or product shape. While the US courts have been liberal in granting smell mark registrations, EU courts have interpreted the “graphical representation” requirement under trademark law very strictly. Indian law, though not entirely closed on the prospect of smell mark protection, is inclined toward the EU position. After analyzing the current legal scenario, this article explores the more fundamental question as to the feasibility of smell marks, questioning their justification under the philosophical foundations of trademark law, the subjective associations of consumers with respect to smells, the difficulty in evidence analysis by courts in infringement suits and the apprehension relating to the functionality doctrine.","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"26 1","pages":"90-96"},"PeriodicalIF":0.5,"publicationDate":"2022-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50123704","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

Preserving the right of access to copyrighted works based on data regulation 在数据监管的基础上，维护获取受版权保护作品的权利

IF 0.5

Journal of World Intellectual Property Pub Date : 2022-11-04 DOI: 10.1111/jwip.12253

Lukas Ruthes Gonçalves

{"title":"Preserving the right of access to copyrighted works based on data regulation","authors":"Lukas Ruthes Gonçalves","doi":"10.1111/jwip.12253","DOIUrl":"10.1111/jwip.12253","url":null,"abstract":"Toy Story 2 only exists because one of the movie's directors had made a backup copy of the movie while she worked from home, otherwise the movie would have been lost due to a computer malfunction. Just as though content access through the internet was intended to allow for works to become more easily accessible, there is no guarantee that they will remain this way. How, then, do we assure users and creators have not only a right to access content made available online, but also a right to preserve such access? This article intends to answer this question by analyzing US Copyright regulation, how it regulates access and preservation of works, and, especially, how it does not. I argue that a policy proposal regarding a right to preserve access could be had based on data protection regulation. Getting inspiration from the way recent data regulation legislation forced different providers that operate on the internet to adapt their terms into a regulatory “common ground,” this article claims users would be benefited if they could preserve the right of access to works they legally acquired the same way as they have access to and can make copies of their personal data in these services.","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"25 3","pages":"714-731"},"PeriodicalIF":0.5,"publicationDate":"2022-11-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75438136","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 social function of intellectual property and government intervention in mitigating the pandemic: A perspective from Indonesia 知识产权的社会功能和政府干预在减轻流行病方面的作用:来自印度尼西亚的观点

IF 0.5

Journal of World Intellectual Property Pub Date : 2022-11-04 DOI: 10.1111/jwip.12252

Ranti F. Mayana, Tisni Santika

{"title":"The social function of intellectual property and government intervention in mitigating the pandemic: A perspective from Indonesia","authors":"Ranti F. Mayana, Tisni Santika","doi":"10.1111/jwip.12252","DOIUrl":"10.1111/jwip.12252","url":null,"abstract":"Indonesia declared Corona Virus Disease 2019 (COVID-19) a Public Health Emergency based on Presidential Decree No. 11 of 2020 considering the extensive victims and extraordinary impacts. This study analyzes how Indonesia addresses the social function of intellectual property and government intervention in mitigating the pandemic. This study shows that outside the patent waiver provisions, implementation is the key. Indonesian Government has set a strategic framework in accordance with the guidelines of the WHO by simultaneously takes two strategies of vaccine provision and procurement: First, purchasing vaccines from abroad and/or collaborating with national and/or international institutions, Second, the development of ‘Vaksin Merah Putih’ (Red and White Vaccine) independently in the country through a triple helgix synergy involving the government institutions/ministries, universities, and industries. The provision of COVID-19 Vaccines in Indonesia is free as a form of responsibility and presence of the state. Government is also continuously expanding its public communication network to eliminate vaccine hesitancy. Lastly, Indonesia has adopted the TRIPs Waiver provisions through the Indonesian Patent Law, Government Regulation Number 77 of 2020 concerning Procedures for Patent Implementation by the Government, Regulation of the Minister of Law and Human Rights No. 14 of 2021 concerning Amendments to the Regulation of the Minister of Law and Human Rights No. 30 of 2019 concerning Procedures for Granting a Compulsory Patent License. These regulations will later become the basis for the government, whether it will eventually implement a patent license through a compulsory license system or a government use the patent system not only for the COVID-19 vaccine but also other essential medicines in mitigating the pandemic.","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"25 3","pages":"694-713"},"PeriodicalIF":0.5,"publicationDate":"2022-11-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jwip.12252","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89589233","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

Forging a coherent copyright jurisprudence in Trinidad and Tobago 在特立尼达和多巴哥建立连贯的版权法理学

IF 0.5

Journal of World Intellectual Property Pub Date : 2022-09-15 DOI: 10.1111/jwip.12250

Justin Koo

{"title":"Forging a coherent copyright jurisprudence in Trinidad and Tobago","authors":"Justin Koo","doi":"10.1111/jwip.12250","DOIUrl":"10.1111/jwip.12250","url":null,"abstract":"The development of intellectual property jurisprudence in Trinidad and Tobago has been slow despite the existence of a robust statutory framework. In the context of copyright law, there has been limited litigation, which has left most areas of copyright law undefined and uncertain. Recent case law on the right of reproduction and moral rights has revealed the problems with the law being untested and uncertain. This included the use of conflicting precedent in similar legal scenarios and a general lack of appreciation for the nuances of copyright law and resultantly a lack of desire to develop a coherent framework for copyright law. Trinidad and Tobago has the opportunity to forge a coherent copyright framework that will reflect its individual needs. However, to do this, policy-driven decisions must be made that account for the specific intricacies of the copyright environment and the norms present in Trinidad and Tobago. As such, this article analyses the issues with the existing copyright framework in Trinidad and Tobago and provides guidance as to what can be done to assist its development. Furthermore, the article identifies a number of lessons that will be useful for Commonwealth countries with underdeveloped copyright frameworks.","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"25 3","pages":"652-674"},"PeriodicalIF":0.5,"publicationDate":"2022-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84882371","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

Transnational capital and national legal regimes: Analysis of Internet domain name disputes in India 跨国资本与国家法律制度:印度互联网域名纠纷分析

IF 0.5

Journal of World Intellectual Property Pub Date : 2022-09-15 DOI: 10.1111/jwip.12251

Ryan Y. Wang, Bumgi Min, Yang Bai, Jenna Grzeslo, Krishna Jayakar

{"title":"Transnational capital and national legal regimes: Analysis of Internet domain name disputes in India","authors":"Ryan Y. Wang, Bumgi Min, Yang Bai, Jenna Grzeslo, Krishna Jayakar","doi":"10.1111/jwip.12251","DOIUrl":"10.1111/jwip.12251","url":null,"abstract":"This paper examines the outcomes of Internet domain name dispute arbitrations in India through a quantitative analysis of all domain name arbitrations (N = 1147) involving the Indian country code top-level domain from 2006 to 2019. Specifically, we investigate whether the nationalities and corporate/individual identities of the complainants and respondents affect the outcome of the arbitrations. The most common type of dispute during this period is an international entity petitioning against another international entity (46%). In sum, the domain name arbitrations under INDRP are dominated by international and organizational complainants, but there is more variation among respondents' profiles in terms of nationality and identity. Our analysis suggests that the INDRP process, in the 14 years examined, tends to generate outcomes that favor corporations. Although the complainants almost always won, corporate respondents, compared to their individual counterparts, are more likely to retain the disputed domain names. Also, cases, where a respondent contested a complaint, had a higher probability of rulings in favor of respondents, compared to cases where the respondent filed no response.","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"25 3","pages":"675-693"},"PeriodicalIF":0.5,"publicationDate":"2022-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87081419","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

Geographical indications in India: A case of Handicraft industry in Uttar Pradesh 印度的地理标志:以北方邦手工业为例

IF 0.5

Journal of World Intellectual Property Pub Date : 2022-08-24 DOI: 10.1111/jwip.12244

Meghna Chaudhary, Bhawna Agarwal, Meena Bhatia

{"title":"Geographical indications in India: A case of Handicraft industry in Uttar Pradesh","authors":"Meghna Chaudhary, Bhawna Agarwal, Meena Bhatia","doi":"10.1111/jwip.12244","DOIUrl":"10.1111/jwip.12244","url":null,"abstract":"The Handicraft industry plays a significant and pivotal role in the country's economy. It employs a significant number of artisans in rural and semiurban areas and generates significant foreign exchange for the country, all while preserving the cultural heritage. In the Indian context, geographical indication (GI) has recently emerged as a substantial form of intellectual property rights. It is a powerful instrument for safeguarding and rewarding not only the commercial potential of exclusive products but also the traditional knowledge that accompanies them. GI has the potential to revitalize the handicraft sector, but if it is merely seen as intellectual property, the industry's interests are jeopardized. Handicraft products account for over 55% of all GI-registered products in India, followed by agricultural products (31%). The predicament of the Artisans has deteriorated over time. One of several main reasons for the deterioration of Uttar Pradesh's handicraft industry is that artisans in the region still do not fully understand GI. The present study gives an overview of the current status of registered GIs in Uttar Pradesh. More importantly, this will also highlight the major challenges of GI implementation in the traditional handicraft sector in Uttar Pradesh.","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"25 3","pages":"617-634"},"PeriodicalIF":0.5,"publicationDate":"2022-08-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84834772","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: 3

A dual-case analysis of the IP governance system in e-commerce: Amazon and Alibaba 电子商务中知识产权治理体系的双案例分析:亚马逊和阿里巴巴

IF 0.5

Journal of World Intellectual Property Pub Date : 2022-08-17 DOI: 10.1111/jwip.12247

Madanoor Mohamed Wasaf, Jianhua Zhang

{"title":"A dual-case analysis of the IP governance system in e-commerce: Amazon and Alibaba","authors":"Madanoor Mohamed Wasaf, Jianhua Zhang","doi":"10.1111/jwip.12247","DOIUrl":"10.1111/jwip.12247","url":null,"abstract":"Considering the importance of intellectual property (IP) rights in e-commerce, infringement of which is increasing the counterfeiting goods, affecting consumer's confidence and goodwill of e-commerce, the purpose of this study is to examine the functionality of the IP governance system developed by e-commerce companies. The study makes an in-depth analysis of the IP governance system of the two major e-commerce companies, Amazon.com and Alibaba.com, to comprehend the approach of these e-commerce companies toward ensuring IP protection and protecting consumer's rights. In doing this, the study has taken qualitative dual-case study research design which offers valuable insights about the effectiveness, practice, and applications of IP governance system in e-commerce. Moreover, the dual-case study approach contributes to develop a nomological framework. The study confirms that there is lack of harmonization in IP governance system and standard of IP protection which is essential for the sustainable development of e-commerce and for protecting consumer rights. The significance of this study is the proposed recommendation for the regulatory body of the e-commerce industry which serves as an institution, governing the business practice involved in e-commerce to consider in reforming the IP governance system of the e-commerce industry.","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"25 3","pages":"635-651"},"PeriodicalIF":0.5,"publicationDate":"2022-08-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74924558","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