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

Which mode of governance for the innovation cities of Moroccan public universities? 摩洛哥公立大学创新城市的治理模式是什么？

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Journal of World Intellectual Property Pub Date : 2023-02-15 DOI: 10.1111/jwip.12265

Hanane Nahid, Yassine Marzougui

{"title":"Which mode of governance for the innovation cities of Moroccan public universities?","authors":"Hanane Nahid, Yassine Marzougui","doi":"10.1111/jwip.12265","DOIUrl":"https://doi.org/10.1111/jwip.12265","url":null,"abstract":"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.","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}

引用次数: 0

Artificial intelligence as object of intellectual property in Indonesian law 印尼法律中作为知识产权客体的人工智能

IF 0.5

Journal of World Intellectual Property Pub Date : 2023-02-13 DOI: 10.1111/jwip.12264

Tasya S. Ramli, Ahmad M. Ramli, Ranti F. Mayana, Ega Ramadayanti, Rizki Fauzi

引用次数: 2

Critical analysis of the protection of Traditional Knowledge Bill, 2022 《2022年传统知识保护法案》的批判性分析

IF 0.5

Journal of World Intellectual Property Pub Date : 2023-01-30 DOI: 10.1111/jwip.12263

Sreenath KP

{"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":"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.","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}

引用次数: 0

Intellectual property in telephone numbers in Nigeria 尼日利亚电话号码的知识产权

IF 0.5

Journal of World Intellectual Property Pub Date : 2023-01-30 DOI: 10.1111/jwip.12259

Nicholas Chinedu Eze

引用次数: 0

Patents and other conditions of access to vaccines 获得疫苗的专利和其他条件

IF 0.5

Journal of World Intellectual Property Pub Date : 2023-01-30 DOI: 10.1111/jwip.12258

Christopher Arup, Jagjit Plahe

引用次数: 1

Patent pools and innovation-based approach in global healthcare crisis 全球医疗危机中的专利池和基于创新的方法

IF 0.5

Journal of World Intellectual Property Pub Date : 2023-01-30 DOI: 10.1111/jwip.12262

Sherin Priyan, Gouri Gargate

{"title":"Patent pools and innovation-based approach in global healthcare crisis","authors":"Sherin Priyan, Gouri Gargate","doi":"10.1111/jwip.12262","DOIUrl":"https://doi.org/10.1111/jwip.12262","url":null,"abstract":"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.","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}

引用次数: 0

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