Journal of World Intellectual Property最新文献_第9页

Intellectual property rights and the metaverse: An Indian perspective 知识产权和虚拟世界:一个印度人的视角

IF 0.5

Journal of World Intellectual Property Pub Date : 2022-08-15 DOI: 10.1111/jwip.12249

Shinu Vig

引用次数: 2

Rethinking Nigerian geographical indications law 反思尼日利亚地理标志法

IF 0.5

Journal of World Intellectual Property Pub Date : 2022-08-15 DOI: 10.1111/jwip.12248

Emmanuel Kolawole Oke

引用次数: 1

Traditional intellectual properties and Yoruba (Ifa) philosophy in South-West Nigeria: Intellectual property versus traditional protection approach 尼日利亚西南部的传统知识产权与约鲁巴(Ifa)哲学:知识产权与传统保护方法

IF 0.5

Journal of World Intellectual Property Pub Date : 2022-08-04 DOI: 10.1111/jwip.12245

Ayoyemi Lawal-Arowolo, Ademola Taiwo

{"title":"Traditional intellectual properties and Yoruba (Ifa) philosophy in South-West Nigeria: Intellectual property versus traditional protection approach","authors":"Ayoyemi Lawal-Arowolo, Ademola Taiwo","doi":"10.1111/jwip.12245","DOIUrl":"10.1111/jwip.12245","url":null,"abstract":"The claim that Ifa is not merely a form of worship has been made by many scholars and remains a controversy. According to them, it is the core of Yoruba philosophy and scientific as well. Nevertheless, there exists art and science of an intellectual orientation regarding the development of Yoruba people. There are artworks, sculptures, incantations (poetry), and performances in Ifa. Divination is based on the binary system linked to science, as well as the process of traditional healing. Indeed, where you have art and science, intellectual property rights (IPRs) are in pursuit. In this case, copyright, patents, and trade secrets. The aim of this article is to examine IPRs in the spiritual world of Ifa and Yoruba philosophy; proposing that spiritual intellectual properties are for an entirely different world with a protection mechanism outside the modern approach of protection, while other forms of traditional intellectual properties outside the realm of the spiritual world requires modern intellectual property protection approach, subsequent to the understanding of the creator or inventor.","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"25 3","pages":"732-745"},"PeriodicalIF":0.5,"publicationDate":"2022-08-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82790582","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

Patent power in biomedical innovation: Technology governance in biomodifying technologies 生物医学创新中的专利权:生物修饰技术的技术治理

IF 0.5

Journal of World Intellectual Property Pub Date : 2022-07-24 DOI: 10.1111/jwip.12237

Edison Bicudo, Michael Morrison, Phoebe Li, Alex Faulkner, Andrew Webster, Miranda Mourby, Jane Kaye

{"title":"Patent power in biomedical innovation: Technology governance in biomodifying technologies","authors":"Edison Bicudo, Michael Morrison, Phoebe Li, Alex Faulkner, Andrew Webster, Miranda Mourby, Jane Kaye","doi":"10.1111/jwip.12237","DOIUrl":"10.1111/jwip.12237","url":null,"abstract":"Biomedical innovation is often rewarded by exclusive proprietary rights such as patents. In the case of gene editing, induced pluripotent stem cells, and three-dimensional (3D) bioprinting (here described as biomodifying technologies), the limitations of the patent system come into stark relief, generating both technical and political doubts. Generally, political and technological limitations are supposed to be solved with so-called good governance, based on some principles. We focus on three of such governance principles (participation, accountability, and transparency) to show how they have been weakened, instead of strengthened, by the current patent system. We demonstrate that although patent applications are submitted by both public and private players, the latter have imposed a growing dominance in gene editing, induced pluripotent stem cells, and 3D bioprinting, disseminating their aggressive and exclusive strategies. As a consequence, a logic of experimentality tends to prevail where the three fundamental governance principles fail to be enacted.","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"25 2","pages":"473-494"},"PeriodicalIF":0.5,"publicationDate":"2022-07-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jwip.12237","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72969321","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: 2

Intellectual Property Rights (IPRs) and its role in propelling the growth of the MSME sector 知识产权及其在推动中小微企业发展中的作用

IF 0.5

Journal of World Intellectual Property Pub Date : 2022-07-21 DOI: 10.1111/jwip.12243

Lavanya Madhusoodanan, Rahul Sharma, Patrika Soni, Amit Dubey

{"title":"Intellectual Property Rights (IPRs) and its role in propelling the growth of the MSME sector","authors":"Lavanya Madhusoodanan, Rahul Sharma, Patrika Soni, Amit Dubey","doi":"10.1111/jwip.12243","DOIUrl":"10.1111/jwip.12243","url":null,"abstract":"For micro-, small-, and medium-sized enterprises (MSMEs), the current economic scenario might be altering. The transformation of a country's socioeconomic standing, particularly in a developing country like India, is not a simple process. Micro, small, and medium-sized firms are a varied and heterogeneous collection of enterprises with a wide range of ailments and constraints. In this respect, MSMEs should get involved in invention/innovation by doing continuous and productive research and development. Intellectual Property Rights (IPR), is one aspect that can help MSMEs avoid stumbling blocks and achieve global standards. IPR is a broad term that encompasses all aspects of a company and serves as a valuable corporate asset. Patent and trademark databases include a plethora of technological and commercial information that MSMEs may use to learn about recent technological advances, discover prospective partners, and learn about rivals' creative activities. For entrepreneurs all around the world, efficiently managing intellectual property and leveraging it to develop company strategies is becoming increasingly important. In the last 7 years, India has launched several programs such as Digital India, Start-Up India, Make in India, and Stand-up India, as well as the current Aathmanirbhar Bharat, which aims to achieve a $5 trillion economy and long-term sustainability. The enterprise, via its vigilance and vitality, should demonstrate remarkable innovativeness and flexibility to withstand the recent economic downturn, and IPR will provide many chances for future growth in this respect. MSMEs' IP strategies should take a comprehensive approach to the various forms of IP assets. In this article, we have emphasized the impact and relevance of IPR as a competitive strategy for propelling the growth of MSMEs. The objective is to raise MSME knowledge of IPRs so that they may take steps to safeguard their ideas and business plans.","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"25 3","pages":"603-616"},"PeriodicalIF":0.5,"publicationDate":"2022-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80232917","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

Stewardship or ownership in India: Options for community seed banks in managing crop genetic resources in relation to intellectual property rights 印度的管理或所有权:社区种子库管理与知识产权有关的作物遗传资源的选择

IF 0.5

Journal of World Intellectual Property Pub Date : 2022-07-21 DOI: 10.1111/jwip.12233

Anitha Ramanna, Regine Andersen

{"title":"Stewardship or ownership in India: Options for community seed banks in managing crop genetic resources in relation to intellectual property rights","authors":"Anitha Ramanna, Regine Andersen","doi":"10.1111/jwip.12233","DOIUrl":"10.1111/jwip.12233","url":null,"abstract":"Community seed banks (CSBs) play an important role in ensuring access to crop genetic diversity. The extension of intellectual property rights (IPR) to include farmers' varieties and traditional knowledge in India could impinge on the role of these seed banks in conserving and sharing crop genetic resources. This study enquires into how CSBs are responding to these developments, and the strategic options available with regard to IPR. Should community seed banks claim IPRs over their material or should they focus on promoting greater access to achieve their aims of conservation, sustainable use and innovation of crop genetic resources? By employing two distinct strategies—the ownership and stewardship approaches—we analyse how CSBs in India respond to demands for greater legal control over crop genetic resources and the need for access to genetic resources to ensure food security, and derive possible strategy options. We examine the strategies adopted by five organizations that facilitate the work of such community seed banks, noting the prospects and challenges as regards adopting a stewardship or an ownership approach.","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"25 2","pages":"432-459"},"PeriodicalIF":0.5,"publicationDate":"2022-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91435283","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

What determines foreign direct investment to India's pharmaceutical sector? Intellectual property implementation versus inherent institutional strength 是什么决定了印度制药业的外国直接投资?知识产权实施与内在制度力量

IF 0.5

Journal of World Intellectual Property Pub Date : 2022-07-20 DOI: 10.1111/jwip.12242

Supriya Bhandarkar, Meenakshi Rajeev

{"title":"What determines foreign direct investment to India's pharmaceutical sector? Intellectual property implementation versus inherent institutional strength","authors":"Supriya Bhandarkar, Meenakshi Rajeev","doi":"10.1111/jwip.12242","DOIUrl":"10.1111/jwip.12242","url":null,"abstract":"The Indian pharmaceutical industry has assumed importance during the time of the pandemic. Historically, the absence of an intellectual property rights (IPR) regime in India helped reverse-engineer products, leading to an exponential growth of the industry. This, however, disincentivised foreign direct investment (FDI) needed for innovation. The ratification of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement in 1995 increased the confidence of foreign investors, allowing FDI inflow into the sector. However, we argue that the mere adoption of TRIPS is not sufficient for FDI and that its enforcement along with other institutional factors such as corruption and political stability play a crucial role. We also take into account competition for FDI among similarly placed nations, in this case from China. Methodologically, we construct a pharmaceutical patent index that measures the legal framework of IP protection specifically for the sector. An ARDL model using data from 1990 to 2019 shows that while the introduction of IPRs helped the inflow of FDI, the enforcement of these rights, as measured by the strengthening of the patent index, has led to a decrease in FDI. Interestingly, our results also show that India's own core competencies such as improving political stability while reducing corruption and trade barriers were the most dominant determinants. Through developing a concise sector-specific patent index and taking into account institutional determinants, FDI inflow is analysed in a manner not studied otherwise.","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"25 2","pages":"495-515"},"PeriodicalIF":0.5,"publicationDate":"2022-07-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83215662","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

Biodiversity and intellectual property rights: Conflict or synergy 生物多样性与知识产权:冲突还是协同

IF 0.5

Journal of World Intellectual Property Pub Date : 2022-07-05 DOI: 10.1111/jwip.12234

Rahul Sharma, Lavanya Madhusoodanan, Patrika Soni, Amit Dubey

{"title":"Biodiversity and intellectual property rights: Conflict or synergy","authors":"Rahul Sharma, Lavanya Madhusoodanan, Patrika Soni, Amit Dubey","doi":"10.1111/jwip.12234","DOIUrl":"10.1111/jwip.12234","url":null,"abstract":"India is a country with a diverse ecosystem. Traditional knowledge (TK) is an important element of Indian culture and society. Because of its diversity, India has been a victim of biopiracy on multiple occasions, though it has learned from the haldi, neem, and basmati episodes. While it is critical for countries to maintain their biodiversity and indigenous knowledge, it is also critical to protect the rights of those who add value to it and expand its usage through intellectual property rights (IPR). As a result, biodiversity conservation and IPR come into conflict. Biodiversity conservation conventions and statutes aim to strike a balance between the interests of both parties. The Biodiversity Act of 2002 in India stipulates that indigenous tribes must give their prior informed consent before accessing and utilizing a bioresource. It also establishes a legal framework for benefit sharing in various ways in the event that any intellectual property on the bioresource or relevant TK is acquired. However, putting the plan into action is still a struggle. This, in turn, deprives the true bearers of the relevant TK, who have either nurtured bioresources for years. The framework of biodiversity conservation legislation as a way of protecting TK holders' rights in the international and Indian contexts is discussed in this study.","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"25 2","pages":"460-472"},"PeriodicalIF":0.5,"publicationDate":"2022-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79376789","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

Using the flexibilities of Article 30 TRIPS to implement patent exceptions in pursuit of Sustainable Development Goal 3 利用《与贸易有关的知识产权协定》第30条的灵活性实施专利例外，以实现可持续发展目标3

IF 0.5

Journal of World Intellectual Property Pub Date : 2022-07-05 DOI: 10.1111/jwip.12239

Amy Tesoriero

{"title":"Using the flexibilities of Article 30 TRIPS to implement patent exceptions in pursuit of Sustainable Development Goal 3","authors":"Amy Tesoriero","doi":"10.1111/jwip.12239","DOIUrl":"10.1111/jwip.12239","url":null,"abstract":"Despite over 25 years passing since TRIPS entered into force, the full potential of the patent exceptions provision under Article 30 TRIPS (Article 30) is yet to be realised. The hesitation by developing states to implement new patent exceptions in their domestic laws has presented a barrier to reconciling the tension between protecting patent rights and achieving access to essential medicines for all as committed by states under Sustainable Development Goal 3 (SDG 3). This article addresses the uncertainty of the interpretation of Article 30 through a doctrinal analysis of treaty interpretation rules and the recent Australia-Tobacco Plain Packaging decisions. It proposes an original interpretation of Article 30 that permits public interest considerations, and uses this interpretation to justify a proposed stockpiling exception for pandemic and epidemic preparedness aimed at facilitating access to essential medicines to achieve SDG 3. Accordingly, developing states should feel more confident about implementing patent exceptions tailored to their public interest needs in pursuit of SDG 3.","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"25 2","pages":"516-535"},"PeriodicalIF":0.5,"publicationDate":"2022-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jwip.12239","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81451190","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

Streaming platforms under Portuguese copyright law 葡萄牙版权法下的流媒体平台

IF 0.5

Journal of World Intellectual Property Pub Date : 2022-06-28 DOI: 10.1111/jwip.12241

Tito Rendas

{"title":"Streaming platforms under Portuguese copyright law","authors":"Tito Rendas","doi":"10.1111/jwip.12241","DOIUrl":"10.1111/jwip.12241","url":null,"abstract":"The article outlines the regulation of streaming platforms under Portuguese copyright law, against the background of EU legislation and case law. Its purpose is not merely to provide a description of how streaming platforms are regulated in Portugal, but also to highlight some of the specificities of the Portuguese approach to combating online copyright infringement. Throughout the article, reference will be made to three types of online platforms, which are broadly included under the general category of “streaming services”: (i) “legal streaming services,” which grant access to catalogs of music or audiovisual works with the authorization of the respective rightholders; (ii) “semi-legal streaming services,” specifically online content-sharing services that, at least before the Copyright in the Digital Single Market Directive, did not require the authorization of rightholders due to their eligibility for the hosting safe harbor; and (iii) “illegal streaming services,” covering not only streaming platforms where content is made available without the permission of rightholders, but also all those platforms whose main purpose is to facilitate copyright infringement, even if they do not resort to streaming technology, including popular torrent aggregators like The Pirate Bay.","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"25 2","pages":"556-573"},"PeriodicalIF":0.5,"publicationDate":"2022-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90190477","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