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Journal articles on the topic 'IPR enforcement'
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1
DAVIS, LEWIS S., and FUAT ŞENER. "INTELLECTUAL PROPERTY RIGHTS, INSTITUTIONAL QUALITY AND ECONOMIC GROWTH." Journal of International Commerce, Economics and Policy 03, no. 01 (February 2012): 1240005. http://dx.doi.org/10.1142/s1793993312400054.
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We consider intellectual property rights (IPRs) in a Schumpeterian growth model in which patent holders face the threats of profit loss due to imitation and complete valuation loss due to outside innovation. We disaggregate IPR policies by distinguishing between the quality of the IPR regime and the intensity of IPR enforcement. An increase in the quality of the IPR regime unambiguously promotes growth. However, the relationship between IPR enforcement intensity and growth follows an inverted U-shaped curve. The growth-maximizing intensity of IPR enforcement is decreasing in institutional quality. We also investigate the model's welfare implications and examine the economy under a no-growth equilibrium.
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Christopoulou, Danai, Nikolaos Papageorgiadis, Chengang Wang, and Georgios Magkonis. "IPR Law Protection and Enforcement and the Effect on Horizontal Productivity Spillovers from Inward FDI to Domestic Firms: A Meta-analysis." Management International Review 61, no. 2 (April 2021): 235–66. http://dx.doi.org/10.1007/s11575-021-00443-0.
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AbstractWe study the role of the strength of Intellectual Property Rights (IPR) law protection and enforcement in influencing horizontal productivity spillovers from inward FDI to domestic firms in host countries. While most WTO countries adopted strong IPR legislation due to exogenous pressure resulting from the signing of the Trade-Related Aspects of IPR (TRIPS) agreement, public IPR enforcement strength continues to vary significantly between countries. We meta-analyse 49 studies and find that public IPR enforcement strength has a direct positive effect on horizontal productivity spillovers from inward FDI to domestic firms and a negative moderating effect on the relationship between IPR law protection strength and horizontal productivity spillovers from inward FDI to domestic firms.
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Schäfer, Andreas, and Maik T. Schneider. "ENDOGENOUS ENFORCEMENT OF INTELLECTUAL PROPERTY, NORTH–SOUTH TRADE, AND GROWTH." Macroeconomic Dynamics 19, no. 5 (January 17, 2014): 1074–115. http://dx.doi.org/10.1017/s1365100513000709.
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Now that most countries have harmonized intellectual property right (IPR) legislation as a consequence of signing the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs), the dispute about the optimal level of IPR protection has shifted toward IPR enforcement. This paper develops an endogenous growth framework with two open economies satisfying the classical North–South assumptions to study (a) the regions' incentives to enforce IPRs in a decentralized game, (b) the desired IPR enforcement of the two regions in negotiation rounds on global harmonization, and (c) the constrained efficient enforcement level. We show how the different solutions relate to each other and how the results depend on the research productivity in the North and the regions' relative market sizes. Although growth rates increase substantially when IPR enforcement is harmonized at the North's desired level, our numerical simulation suggests that the South may also benefit in terms of long-run welfare.
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Sun, Yiwu. "Customs Agency Enforcement of IPRs in an FTZ." Global Trade and Customs Journal 10, Issue 5 (May 1, 2015): 181–88. http://dx.doi.org/10.54648/gtcj2015021.
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The recent global proliferation of free trade zones (FTZs) has increased the difficulty of protecting intellectual property rights (IPR), as criminals take advantage of these zones' relaxed oversight and reduced customs controls by manufacturing and shipping illegal goods within and outside of these zones. IPR enforcement in FTZs remains a contentious issue internationally. Some international harmonization of national rules has occurred under the auspices of the World Customs Organization (WCO) and the World Trade Organization (WTO). Yet, as shown by the US and to a lesser extent China, national law has increasingly tightened around IPR enforcement in FTZs. National enforcement of trade-related IPR rules in FTZs will serve the Shanghai Pilot Free Trade Zone well. Chinese Customs regulations fail to provide adequate remedies for dealing with IPR infringing goods in this FTZ, especially remedies covering in-transit goods and Original Equipment Manufacturer (OEM) goods.
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Saifuddin Hossain, Syed. "Border Enforcement of IPR Laws in Australia." Global Trade and Customs Journal 4, Issue 1 (January 1, 2009): 1–14. http://dx.doi.org/10.54648/gtcj2009001.
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Customs in the twenty–first century has a role that expands far beyond the traditional role of revenue collection, and includes trade facilitation and border protection. It is now required to guard against both importation and exportation of dangerous and counterfeit products which pose serious threat not only to the economy, but also to the society in general. With its firmly built legislative base coupled with strategically developed implementation mechanism, the Australian Customs Services (ACS) plays a crucial role in ensuring border protection of Intellectual Property Rights (IPR) laws. Conformity with the provisions and standards set out by the apex trade bodies in the world is a major strength of the Australian Customs in its ongoing battle against infringement of IPR laws. The Australian Customs maintains a close relationship with other border agencies and the business community with a view to interdicting and disrupting the illicit trade in goods that infringe IPR.
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Nabin, Munirul H., Robin Visser, and Pasquale M. Sgro. "Product differentiation, research & development and IPR enforcement." International Review of Economics & Finance 52 (November 2017): 427–35. http://dx.doi.org/10.1016/j.iref.2017.03.009.
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Maghfirah, Nurul, Siti Zaviera, Daffa Alghazy, and Chairul Fahmi. "UNDERSTANDING INTELLECTUAL PROPERTY RIGHTS IN THE INDONESIAN TRADING BUSINESS." Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah 4, no. 2 (September 21, 2023): 89–103. http://dx.doi.org/10.22373/al-mudharabah.v4i2.3384.
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This article aims to find out the concept of Intellectual Property Rights (IPR) in Indonesia and its application in business ventures. In general, Indonesia has recognised IPR and has passed a number of laws related to IPR protection. This research uses a literature approach method, where data is obtained from secondary sources, both from books, articles and various references related to this research. The results show that the application of IPR in Indonesia is still experiencing various problems, where many IPR results are violated. Conversely, law enforcement against IPR violations is still very weak. This is inseparable from the scope of IPR which is categorised as part of civil law. This means that if no one reports and feels harmed by the IPR violation, then the violation is not followed up or handled by the authorities.
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Chi, Ketian. "The Practical Effectiveness of the Singapore Mediation Convention on the Protection of Intellectual Property Rights in China's Cross-Border E-commerce and Lessons Learned." Journal of Law and Sustainable Development 11, no. 12 (December 6, 2023): e2396. http://dx.doi.org/10.55908/sdgs.v11i12.2396.
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Objective: This study aims to thoroughly assess the impact of the Singapore Mediation Convention (SMC) on intellectual property rights (IPR) enforcement within China's e-commerce industry. The focus is on key indicators: dispute frequency, resolution efficiency, and stakeholder trust. Using Python and libraries like pandas, numpy, and seaborn, a quantitative analysis is conducted on twelve monthly observations, comparing pre and post-SMC implementation to quantify observed changes.
Methods: For this research, a robust quantitative framework is deployed, leveraging Python and essential libraries. The approach involves a comparative analysis of data collected before and after SMC implementation. The twelve-month sample size ensures comprehensive representation. This method enables a nuanced understanding of SMC's impact on dispute frequency, resolution efficiency, and stakeholder trust.
Results: Findings show a noticeable reduction in disputes and shorter resolution times post-SMC implementation, indicating positive impacts. Stakeholder trust has significantly risen, reflecting increased confidence in the industry. These quantitative outcomes collectively affirm the SMC's efficacy in fostering a secure and trustworthy environment for IPR enforcement in China's e-commerce landscape.
Conclusion: In conclusion, this study underscores the positive influence of the Singapore Mediation Convention on IPR enforcement in China's e-commerce. Reduced disputes, improved resolution efficiency, and heightened stakeholder trust showcase the SMC's instrumental role. Beyond addressing IPR challenges, these findings emphasize the broader impact of mediation conventions in cultivating an environment conducive to thriving e-commerce activities.
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WANG, QINGFENG, and XU SUN. "EXPLORING CHINESE DESIGN BUSINESS OWNERS’ ATTITUDES TOWARDS INTELLECTUAL PROPERTY RIGHTS." International Journal of Innovation Management 23, no. 06 (July 25, 2019): 1950059. http://dx.doi.org/10.1142/s1363919619500592.
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As Intellectual Property (IP) protection can nurture innovation, and since innovation is one of the critical sources of economic growth, it has become especially important since China surpassed a certain economic development stage, because China now has a growing number of its own innovations which need to be protected. This paper describes the construction of a new research model with which to explore and examine the impact of potential factors on attitudes towards Intellectual Property Rights (IPR) in China in the context of the creative design industry. The findings of a quantitative study of Chinese design business owners reveal the significant roles of Confucianism, perceived economic loss and perceived effectiveness of IPR law enforcement in shaping their attitudes towards IPR. Our findings support the idea that promoting Confucianism can help to develop an internalised respect for IPR, while sizable penalties for IPR infringement can enhance the effectiveness of IPR protection.
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Hu, Debao, Zhengkai Liu, and Jing Zhao. "Will Intellectual Property Rights Policy Increase Foreign Direct Investment and Promote Technological Innovation?" Mathematical Problems in Engineering 2021 (January 27, 2021): 1–11. http://dx.doi.org/10.1155/2021/6672060.
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In this paper, we discuss the effects of intellectual property rights (IPRs) on FDI and indigenous innovation and the overall effects of IPR on the Southern and Northern countries. Our model predicts that tighter IPR is good for FDI and indigenous innovation; however, the effects vary according to the initial resource endowment such as skill level and absorptive capacity. By a game theory model, we also find that tighter IPR benefits both sides if the innovation is the common knowledge to both players, and it improves indigenous innovation and welfare in a short term, but they will emerge in the long run. We also discuss the further direction to an empirical study. Finally, we make the following conclusion: IPR is part of business environment, and tighter IPR in progress is good for boosting welfare of both sides. It is time to build a better environment for IPR, but the cost of patent enforcement policy and the trade barrier must be taken into account.
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Tiganas, Ion. "Comparative Analysis of Enforcement of Intellectual Property Rights at the Border in Some Balkan States." Intellectus, no. 2 (December 2022): 54–60. http://dx.doi.org/10.56329/1810-7087.22.2.05.
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IPR enforcement system at the border, implemented by some Balkan states, is largely similar. At the same time, the analyzed legislation took over the border protection model valid in the EU. The unification of the rules of the Balkan states and their harmonization with EU legislation, represent strong signals to rightholders and dispel the misperception that the Balkan region is ”irreparably” affected by the counterfeiting. Moreover, the recent actions of the customs authorities in Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia, Serbia and the Republic of Moldova confirm openness and interest in fighting against IPR infringements in this region.
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Dai, Jianmin, Zhisong Deng, and Song K. Jung. "Antitrust Enforcement Against Standard Essential Patents in China." Antitrust Bulletin 62, no. 3 (August 16, 2017): 453–64. http://dx.doi.org/10.1177/0003603x17718681.
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Entering into the ninth year of the Anti-Monopoly Law of the People’s Republic of China (AML) in force, China has tackled high-profile cases, promulgated and implemented relevant rules and interpretations in regard to the interface between anti-monopoly and intellectual property rights, while relevant guidelines are in process at the same time. On one hand, the competition authorities in the tripartite system of antitrust enforcement have respectively shown their attitudes towards relevant issues concerning intellectual property rights (IPR)–related anticompetitive conducts by initiating investigations and drafting guidelines. On the other hand, judicial remedies tend to be applied for in parallel, when enterprises who suffered anticompetitive treatment filed complaints to courts.
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Diez, Maria del Carmen Fernandez, and Maria de los Reyes Corripio Gil-Delgado. "Is Intellectual property Right Legislation Constraining the Agrifood Biotechnology Sector in the European Union?" Science & Technology Studies 16, no. 2 (January 1, 2003): 52–63. http://dx.doi.org/10.23987/sts.55155.
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In this paper, we discuss the implications of the recent Intellectual Property Right (IPR) enforcement in the European Union (EU) as a potential factor affecting agrifood biotechnology industry stagnation. After presenting a theoretical framework justifying patents, we describe some controversial questions in the European patent protection related to: a) the distinction between discovery and invention and; b) the morality and ordre public exception to the patentability. Although we provide some evidence about the reduction in importance of agrifood activities compared to that of pharmaceutical areas of application, we conclude that differences between EU and other developed countries IPR legislations are not the principal regulatory controversial factor affecting activities in the agrifood biotechnology sector.
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Smeets, Roger, and Ilir Haxhi. "Patent enforcement under strong IPR: The liability of foreignness in patent litigation." Academy of Management Proceedings 2015, no. 1 (January 2015): 18259. http://dx.doi.org/10.5465/ambpp.2015.18259abstract.
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Sun, Fei, Junjie Hong, Xiuying Ma, and Chengqi Wang. "Subnational institutions and open innovation: evidence from China." Management Decision 55, no. 9 (October 16, 2017): 1942–55. http://dx.doi.org/10.1108/md-11-2016-0781.
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Purpose The purpose of this paper is to examine how subnational institutions within a country explain the performance consequences of open innovation (OI) in emerging market enterprises (EMEs). Design/methodology/approach The paper conducts a regression analysis by using a novel panel data set comprising of 438 innovative Chinese firms over the period of 2008-2011. Findings The authors show that although on average openness to external actors improves innovation performance this effect is pronounced for EMEs that operate in subnational regions with a higher level of intellectual property rights (IPR) enforcement and of factor market development. The findings point to the context-dependent nature of OI strategy and the complementary effect of institutional parameters in emerging markets and help to reconcile the contrasting findings regarding the effect of OI in the prior literature. Originality/value This paper extends the literature on OI by suggesting that the analysis of the performance consequences of OI strategy should go beyond the nexus between OI and firm performance, and instead, focus on subnational-specific institutions, such as region-specific IPR enforcement, factor market development and intermediation market development, that may facilitate or constrain the effect of OI model.
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Mashdurohatun, Anis, Gunarto Gunarto, and Oktavianto Setyo Nugroho. "CONCEPT OF APPRAISAL INSTITUTIONS IN ASSESSING THE VALUATION OF INTANGIBLE ASSETS ON SMALL MEDIUM ENTERPRISES INTELLECTUAL PROPERTY AS OBJECT OF CREDIT GUARANTEE TO IMPROVE COMMUNITY'S CREATIVE ECONOMY." Jurnal Pembaharuan Hukum 8, no. 3 (December 30, 2021): 485. http://dx.doi.org/10.26532/jph.v8i3.19791.
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This study aims to analyze the factors that affect the effectiveness of Intangible Assets of Intellectual Property of Small and Medium Enterprises as objects of credit guarantees, and the concept of appraisal institutions in assessing the valuation of intangible assets of intellectual property of Small and Medium Enterprises as objects of credit guarantees in order to improve the creative economy of the community. The method used in this research is empirical juridical. The data used are primary data and secondary data. Data collection techniques data collection through library research and field studies (through questionnaires, focus group discussions, and interviews). The results of the study found that the five factors that affect the effectiveness of Intangible Assets intellectual property of Small and Medium Enterprises as objects of credit guarantees are legal factors, law enforcement, infrastructure, society and culture. The legal factor that affects is there is no special legal product for public appraisers of IPR Intangible assets. In the practice, IPR intangible assets have not been accepted by all banks as objects of basic guarantees but only as objects of additional guarantees. It is caused by no trust from the bank toward the value of IPR as basic guarantees, there have been no appraisal institutions, and there is not intellectual property rights market yet, that makes IPR is not commonly used by banks and SMEs as IP owners. The concept of appraisal institutions in assessing the valuation of intangible assets of intellectual property of small and medium businesses as objects of credit guarantees, in order to improve the creative economy of the community, is necessary to form an appraisal agency through the products of laws and regulations. These regulations, among others, regulate the intangible assets of IPR, the purposes and objectives of the IPR assessment, the requirements to become an IPR appraiser, the function and authority of IPR assessment, the valuation method used, and so on.
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Manurung, Edison Hatoguan, and Ina Heliany. "FORMS OF LEGAL PROTECTION AGAINST INDONESIAN MSMES IN THE FIELD OF INTELLECTUAL PROPERTY RIGHTS." International Journal of Economy, Education and Entrepreneurship (IJE3) 1, no. 1 (June 18, 2021): 11–21. http://dx.doi.org/10.53067/ije3.v1i1.2.
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As a business actor, it is only natural that MSMEs need to pay attention to the intellectual Property of the products they produce. Even though as we know that the registration of Intellectual Property, be it Copyrights, Brands, Patents, Trade Secrets, Industrial Designs, and Integrated Circuit Layout Designs (DST), is a distinct advantage for MSME actors; there is still little interest in Indonesian MSMEs to register Intellectual Property. Unfortunately, because noting IPR can protect its business products without fear of being copied by other parties. Based on the description above, what will be discussed in this research is 1. How is the government's legal protection of Intellectual Property Rights in Indonesia? 2. What factors cause the reluctance of MSMEs to take advantage of the IPR system? 3. What is the potential for Intellectual Property Rights (IPR) that can be used for Indonesian Micro, Small, and Medium Enterprises (MSMEs)? The method used in this research is normative juridical research using secondary data in the form of intellectual property books and applicable laws and regulations. Based on the provisional assumption, it is known that the state of government legal protection for IPR in Indonesia is by enacting several rules relating to IPR, namely Law No. 30/2000 concerning Trade Secrets, Law no. 31/2000 regarding Industrial Design, Law no. 32/2000 concerning Layout Design of Integrated Circuits, Law no. 13/2016 on Patents, Law no. 20/2016 on Trademarks, Law no. 28/2014 on Copyright. The potential for Intellectual Property Rights (IPR) that can be used for Indonesian Micro, Small and Medium Enterprises (MSMEs) are Copyrights, Trademarks, Industrial Designs, and Trade Secrets and the factors that cause MSMEs reluctance to utilize the IPR system, namely, first, The registration procedure is long and complex. Secondly, the registration fee is expensive, and thirdly, it is related to the perception that law enforcement for IPR violations is feeble.
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Xianlin, Wang. "Recent Developments in China’s Antimonopoly Regulations on Abuse of Intellectual Property Rights." Antitrust Bulletin 62, no. 4 (November 14, 2017): 806–14. http://dx.doi.org/10.1177/0003603x17735197.
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Over the past decade, while strengthening intellectual property rights (IPR) protection, China has also explored means to regulate the abuse of IPRs. IPR protection in China is mainly based on the Anti-Monopoly Law (AML), in particular Article 55. Recent years have seen more and more judicial and administrative enforcement practices related to China’s antimonopoly regulation on the abuse of IPRs. Provisions on the Prohibition of the Abuse of Intellectual Property Rights to Eliminate or Restrict Competition was released on April 7, 2015, and the draft of Antimonopoly Guidelines in Relation to the Abuse of Intellectual Property Rights was released for public comment in early 2017. It can be expected that China’s antimonopoly guidelines on the regulation of abuses of IPRs will come out in the near future.
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Nurani, Nina. "Juridical Study of Intellectual Property Rights (IPR) for Plant Variety Protection (PVP) in Improving Agribusiness Competitiveness to Support the Sustainability of Indonesia's Economic Development." Journal of Law and Sustainable Development 12, no. 1 (January 30, 2024): e3094. http://dx.doi.org/10.55908/sdgs.v12i1.3094.
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Purpose: This research aims to examine IPR protection for plant varieties through the regulation of the Patent Law and the PVP Law and formulate an appropriate legal regime to increase agribusiness competitiveness to support sustainable economic development. This research provides solutions for breeders and inventors as well as the government for the weaknesses of the Patent Law and PVP Law in addition to formulating the right IPR legal regime.
Design/methodology/data analysis: The research method uses normative juridical. Researchers analyzed through secondary data, comparative law methods, and historical juridical IPR theories. Researchers construct the formulation of an appropriate IPR regime system.
Findings: Researchers formulate that the PVP Law is an IPR regime system that is more appropriate than the Patent Law to improve agribusiness competitiveness. The PVP Law can accommodate the characteristics of plant varieties, the value of traditional knowledge, and farmer exceptions. However, a new legal regime system related to traditional knowledge that can accommodate special matters is needed.
Originality/value: No one has examined the improvement of the IPR regime system and the establishment of a new legal regime related to "traditional knowledge" to improve agribusiness competitiveness to support sustainable economic development.
Practical implications: The government needs to reassess the PVP Law, among others: (1) need to accommodate protection arrangements related to "processes," (2) affirmation of the time limit for the protection of traditional knowledge, (3) enforcement of security and environmental sustainability, (4) authority to grant compulsory licenses. In addition, it is necessary to develop new types of laws related to the protection of traditional knowledge. This research can be applied in other countries that have the same characteristics as Indonesia.
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Nurika, Rizki Rahmadini, and Septian Nur Yekti. "Classical Liberalism and Self-Reference Approach In Dealing With Harmonisation ASEAN IPR Regulations." JURNAL SOSIAL POLITIK 5, no. 2 (November 27, 2019): 208. http://dx.doi.org/10.22219/sospol.v5i2.8256.
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ASEAN Economic Community (AEC) regulates the Intellectual Property Rights (IPR) in its relation with their economic activities. It was stipulated in the ASEAN Framework Agreement on Intellectual Property Cooperation in 1995. As the ASEAN member states are also the member of World Trade Organization (WTO), the principles of AEC have to be in harmony with the WTO principles. This paper analyzes the compliance of ASEAN IPR laws with the principles of Trade Related to Intellectual Property Rights (TRIPs) of WTO. Second, this paper analyzes the enforcement of those regulations in the member states, finding out whether there is implementation in the region that is different with the international principles or not. It is a part of qualitative research that used secondary data to complete the explanative analysis. Classical liberalism and self-reference criterion becomes theoretical framework of analysis. Classical liberalism promotes laissez-faire economics and private property in the means of production. Meanwhile, self-reference criterion refers to an unconscious reference to one’s own culture, values, knowledge, and experience as a basis for decisions. The result reveals that the ASEAN IPR regulations have different specific and special nature with the TRIPs, affected by the characteristics of the nations.
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Ifrani, Ifrani. "The Politics of Criminal Law in Trademarks and Future Concept of Omnibus Law for IPR." Lambung Mangkurat Law Journal 5, no. 2 (September 27, 2020): 149–62. http://dx.doi.org/10.32801/lamlaj.v5i2.152.
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From the Global Intellectual Property Center (GIPC) survey, Indonesia still considered weak in protecting intellectual property. Then the political direction of law began to look at the concept of the omnibus law to promote the ease of doing business (EoDB). Therefore, the purpose of this study is to analyze first, the legal protection issues of famous brand holders in Act No. 20/2016 through political instruments and criminal law policies. Secondly, the concept of the omnibus law as ius constituendum of the Act Related to Indonesian Intellectual Property in the political perspective of criminal law. The normative method was chosen because of the object of the study on the principles of law, theories, and doctrines of jurisprudence. The results of this study show that although Indonesia's IPR index score increased in 2019, it's global ranking declined. This means that despite increases in scores, Indonesia's IPR enforcement tends to be stagnant when compared to other countries. The IPR-related Act can be combined into an omnibus law. The aim is to simplify the laws of Patents, Trademarks, Copyrights, Industrial Designs, Layout Designs of Integrated Circuits, and Communal Investment Credit which greatly affect the economy and investment in Indonesia.
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DI VITA, Giuseppe. "THE INTERNATIONAL STRENGTHENING OF IPR AND AIR POLLUTION ABATEMENT: THE ROLE OF THE TRIPS AGREEMENT." Technological and Economic Development of Economy 23, no. 2 (November 3, 2015): 316–38. http://dx.doi.org/10.3846/20294913.2015.1072752.
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This paper comes in the wake of the literature considering technological progress as the main device to offset air pollution caused by economic activity. The issue has been extensively studied in general, but there is no previous research on the effects that an international strengthening of legal protection of Intellectual Property Rights (IPR) due to the Uruguay Round Agreement and the Annex on Trade-Related aspects of the IPR (TRIPs, for short), underwritten in 1994, may have had on worldwide emissions, as a result of the discovery of new or more efficient air pollution abatement technologies. Different econometric models are used to give a quantitative measure of the TRIPs agreement to reduce air pollution. In particular, the impact of the TRIPs is addressed using a dummy variable and the index of Ginarte and Park (Ginarte, Park 1997) that is one of the more commonly used indicators of TRIPs enforcement employed in economic literature. The findings of this research partially support the idea that the strengthening of a uniform minimum standard protection level of IPR, among the member countries of the World Trade Organization, may help to reduce air pollution emissions.
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HE, Qiaoling. "The Limits to Law: How Intellectual Properties Are Used and Protected in Chinese Industries." Asian Journal of Law and Society 7, no. 2 (July 8, 2019): 369–402. http://dx.doi.org/10.1017/als.2018.43.
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AbstractMany studies agree that a weak intellectual property right (IPR) legal system likely reduces innovation or creation; they also predict that increasing intellectual properties (IPs) in developing countries will automatically lead to local needs for stronger formal protection. However, the situation is found to be more complex in China. With a focus on the use of IPs and relevant protection mechanisms in China, this study points out that many companies acquire IPs for purposes that do not depend on their enforcement; many companies have informal ways of protecting their IPs without resorting to court enforcement. Both the alternative functions and the alternative enforcement mechanisms are shaped by industrial characteristics, especially in four aspects: technological features, administrative regulation, market characteristics, and network structure. Based on studies of different industrial sectors in China, this article develops a general framework for analyzing the role of IPRs in industrial practice.
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Schovsbo, Jens, and Thomas Riis. "Concurrent Liability in Contract and Intellectual Property Law: Licensing Agreements in Light of Case C-666/18 IT Development SAS." GRUR International 69, no. 10 (July 29, 2020): 989–97. http://dx.doi.org/10.1093/grurint/ikaa104.
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Abstract It is the starting point in some jurisdictions that if a licensing agreement has been breached, the licensor may choose to establish their claims against the licensee on the basis of either contract or intellectual property law. This article argues that such a starting point should not be upheld. Not least because of developments in EU law, the intellectual property rights (IPR) system contains special remedies and procedures, which systematically and unilaterally benefit one of the parties to a contract, viz. the rightholder (licensor). The ability to have recourse against a contractual party via IPR instead of contract law ought to be limited as far as possible, i.e. restricted to those instances where this is prescribed by law. In the recent judgment of the CJEU, C-666/18 IT Development SAS, the Court held that a copyright holder/licensor must be able to rely on the remedies and procedures of the Enforcement Directive (IPRED). Consequently, freedom of choice between contract and IPR law is guaranteed in this respect. It is notable that this judgment deals exclusively with IPRED and does not have any broader effect in relation to the basic question of choice between contract and IPR law outside of the scope of the IPRED. Therefore, freedom of choice could still be limited, and licensees shielded against the special remedies and procedures which are at rightholders’ disposal outside of the IPRED.***
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Noerhadi Priyatna, Dian Ekawaty Ismail, and Taufik Zulfikar Sarson. "Implementasi Undang-Undang Nomor 15 Tahun 2001 Terhadap Penjualan Sepatu KW/Imitasi di Kota Gorontalo." JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 3, no. 1 (December 18, 2023): 100–124. http://dx.doi.org/10.55606/jhpis.v3i1.3159.
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The sale or circulation of branded shoes without permission can take several forms, including the sale of KW PK (Perfect Kick) shoes, KW 1 shoes, factory denied shoes, shoes that do not pass quality control, etc., which occurs when branded shoes are traded. and sold without a license or permission from the company that owns the trademark or rights to the brand. This research discusses the legal prohibition on the circulation of KW shoes in Gorontalo City. This research uses empirical and normative legal research methods. The research aims to determine the causes of the circulation of KW shoes in Gorontalo City and the form of legal prohibition on the circulation of KW shoes. As a result of this research, researchers found that first, the widespread distribution of KW shoes in Gorontalo is generally caused by a number of factors as follows; 1). Economic factors and people's purchasing power; 2). The role of markets (trade) and supply of goods; 3). Public interest in well-known brands; 4). Consumerism culture and fashion trends in society; 5). Lack of consumer awareness of IPR; 6). Lack of supervision and law enforcement. Second, enforcement of the law on the distribution of KW shoes in Gorontalo City is caused by the following things; 1). Lack of supervision and monitoring from related parties; 2). Lack of public awareness of both traders and consumers regarding IPR.
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Rahayu, Kanti. "Kajian Hukum Tentang Penerapan Fungsi Sosial Pada Hak Cipta." Diktum: Jurnal Ilmu Hukum 9, no. 2 (August 22, 2022): 150–67. http://dx.doi.org/10.24905/diktum.v9i2.92.
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The principle promoted by copyleft is to eliminate economic rights but still carry moral rights in Intellectual Property Rights (IPR). Because some people's assumptions about monopoly and capitalism that appear in IPR are due to the existence of economic rights which then seem to eliminate their social functions. Law Number 19 of 2002 concerning Copyright explicitly explains social functions, but even then it is still limited to education, research, and for law enforcement. If it doesn't fall into that category, then paying royalties is a must. Therefore, with the copyleft system, it must be utilized as much as possible, because basically this copyleft does not violate the concept of copyright. This is because in one copyrighted work that has been copied, there is already a copyright, but in the copyright, a distribution provision is added, as a legal tool that gives everyone the right to use, modify, and redistribute the copyrighted work or its derivatives.
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Osypova, Yuliia. "The distribution of economic rights to intellectual property rights objects, created in higher education institutions of Ukraine on order." Theory and Practice of Intellectual Property, no. 6 (December 27, 2021): 94–103. http://dx.doi.org/10.33731/62021.249093.
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Keywords: the distribution of economic rights; economic intellectual property rights; intellectualproperty rights objects, created on order; higher education institutions; intellectualproperty rights of higher education institutions; intellectual property rights objects;agreements for the creation on order and the use of intellectual property rights objects
The article investigates the procedure for the distribution of economic rights to IPR objects,created in higher education institutions of Ukraine on order. In the course of researchgeneral requirements of the current legislation of Ukraine concerning possiblevariants of distribution of economic rights to IPR objects, created on order, have been defined.Based on this analysis it has been found that the legislator departed from the previouslyexisting unified approach to the distribution of economic rights to IPR objects,created on order, therefore, there are currently several legally enshrined approaches tothe distribution of economic rights to such objects. At the same time, the choice of one oranother option will depend on the type of the IPR object, created on order (work or anotherIPR objects), and in some cases from the purpose of its creation (has been createdspecifically as a piece of software or not).In addition, the author discovered the existence of a legal conflict between the provisionsof Part. 4 Art. 440 and Art. 1112 of the Civil Code of Ukraine, Part 6 of Art. 33 ofthe Law of Ukraine «On Copyright and Related Rights» regarding the approach to thedistribution of economic rights, in particular, to works, created on order (except for worksof visual art). Also, it has been established that Art. 430 and Art. 1112 of the Civil Codeof Ukraine contain a different approach to determining the list of IPR objects, that can becreated on order.The article also disclosed the consequences of the existence of these inconsistencies forthe law enforcement practice, including for resolving the issue of choosing an appropriateform of agreement for the settlement of legal relations regarding the creation of IPR objects,other than a work, which are included in the concept of "an object, created on order"today. The fundamental importance of solving this issue for the educational sphere hasbeen revealed.Based on the results of the study, a general vision of possible options for the distributionof economic rights to IPR objects, created in higher education institutions of Ukraineon order, has been outlined. Also, suggestions to improve the legislation of Ukraine havebeen made.
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Paradise, James F. "The New Intellectual Property Rights Environment in China: Impact of WTO Membership and China’s “Innovation Society” Makeover." Asian Journal of Social Science 41, no. 3-4 (2013): 312–32. http://dx.doi.org/10.1163/15685314-12341305.
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Abstract New incentives are emerging for the protection of intellectual property rights (IPR) in China. This is happening as the Chinese central government tries to make China into a more innovation-oriented society. This is contributing to the creation of more intellectual property by Chinese entities and also giving rise to a new set of conflicts with foreigners because of the preferential and discriminatory industrial policies on which they say it is based. This paper considers these issues against the backdrop of China’s membership in the World Trade Organization. Its purpose is to understand why there has been as much change as there has been on the IP front in China and why there has not been more. It does this by considering the different and sometimes conflicting currents that are shaping China’s IP environment. These include the quest to harmonise domestic standards with WTO rules, the emergence of new IP stakeholders, the widespread existence of “shanzhai” behaviour, enforcement challenges stemming from the fragmentation of political power, and the spread of ideas about the developmental benefits of IPR protection.
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Pratama, Fajar Candra Bagas. "Legal Protection of Intellectual Property Rights for Copyright Holders in the Perspective of Community Legal Culture." Journal of Creativity Student 5, no. 1 (January 29, 2020): 1–24. http://dx.doi.org/10.15294/jcs.v5i1.36277.
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In IPR (Intellectual Property Rights) the protection of copyright holders is very important. Intellectual Property Rights (IPR) guarantees legal creators to obtain an advantage from a work that is created. So in this case someone who without permission plagiarizes a work and takes advantage of it will be considered a violation of the law. This is in line with the culture of today's society, with the rapid development of technology, many people are competing to create a work. But sometimes they forget a rule regarding Intellectual Property Rights by plagiarizing other people's work without permission. This makes it a legal violation of Intellectual Property Rights and harms the Copyright holder. The number of plagiarism of other people's work today shows that there is still a low level of public knowledge and law enforcement on copyright in Indonesia. This article will discuss the Protection of Intellectual Property Rights for Copyright holders, where Copyright holders must get legal protection for their works in the midst of the legal culture of society, in which in this case there are still many violations of Intellectual Property Rights.
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Di Liddo, Andrea. "Competition in the Presence of Counterfeiters: The Case of Fines Imposed on Counterfeiters and Pocketed by the Genuine Firm." International Game Theory Review 21, no. 04 (December 2019): 1950003. http://dx.doi.org/10.1142/s0219198919500038.
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A firm sells a luxury product protected by conventional intellectual property rights (IPR) laws. However, a counterfeiter can illegally copy and sell the product without the permission of the brand-name producer. Fines are imposed on caught counterfeiters and pocketed by the genuine firm. Stackelberg equilibria resulting from the competition between the genuine firm and the counterfeiter are computed. It is shown that, whenever the production cost of the genuine item is not too low, then the genuine firm can benefit from counterfeiting presence. Furthermore, the amount of the fine and the level of enforcement that maximize the genuine company’s profit is calculated.
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Roisah, Kholis. "Understanding Trade-Related Aspects of Intellectual Property Rights Agreement: From Hard and Soft Law Perspective." Hasanuddin Law Review 3, no. 3 (December 26, 2017): 277. http://dx.doi.org/10.20956/halrev.v3i3.1153.
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Trade-Related Aspects of Intellectual Property Rights (TRIPs) Agree-ment interesting to be understood in the perspective of hard law and soft law. TRIPs Agreement justified as hard or soft law by identifying the norms in the TRIPs agreement. Parameter obligation of TRIPs agreement visible implementation and enforcement of agreement norm with full compliance to fourth of the IPR Convention for the State parties is an indicator of unconditional obligation. Parameters precision TRIPS agreement showed formulation of general obligation setting up the implementation of treaty obligations is regulated in detail and the use of ”shall” term in any norm, describe the imperative norm character and shown indicator as substantial limited of interpretation with the parties might not interpreted. Parameter delegation looked explicitly provision of implementation and enforcement agreement that put an obligation on national authorities of state parties through domestic law and its courts. Parameter obligation, precision as well as delegation showed as high indicator that the TRIPs agreement characterized as hard law.
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Eka Sari, Nandita Cahya, and Asri Elies Alamanda. "Perspektif Hukum Terhadap Kasus Hak Kekayaan Intelektual dalam Bisnis Teknologi Ditinjau Menurut UU Nomor 16 Tahun 2016 tentang Informasi dan Transaksi Elektronik." AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam 5, no. 2 (December 21, 2023): 2383–92. http://dx.doi.org/10.37680/almanhaj.v5i2.3990.
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This research explores the legal perspective on intellectual property rights (IPR) cases in technology businesses with a focus on the provisions of Article 25 of the Information and Electronic Transactions Law (UU ITE). Article 25 of the ITE Law is the central point in regulating IPR protection in the digital business world in Indonesia. In this context, this research investigates the implementation and impact of Article 25 of the ITE Law on cases of intellectual property rights violations in the era of digital technology. This research uses qualitative descriptive research. This research methodology involves legislative analysis and case studies to identify challenges and opportunities faced by intellectual property rights holders and technology business actors. Using a normative and descriptive legal approach, this research analyzes whether Article 25 of the ITE Law provides adequate protection for intellectual property rights and the extent to which its implementation provides legal certainty for business actors. The research results show that Article 25 of the ITE Law provides a sufficient legal basis for protecting intellectual property rights in technology businesses. However, challenges related to the interpretation and enforcement of Article 25, especially in cases of IPR violations, remain an issue that requires serious attention from policy makers and legal practitioners. This research provides recommendations for improvements and clarifications in the implementation of Article 25 of the ITE Law, as well as the need to increase legal awareness among technology business players to ensure optimal protection of intellectual property rights in this digital era
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Ariani, Nevey Varida. "Enforcement of Law of Copyright Infringement and Forgery with the Rise of the Digital Music Industry." Jurnal Penelitian Hukum De Jure 21, no. 2 (June 24, 2021): 223. http://dx.doi.org/10.30641/dejure.2021.v21.223-236.
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The current pandemic situation encourages musicians to be productive in creating digital works such as songs and music so that their creative works can produce moral and economic values. However, infringement and forgery of digital music works are rampant. The issue of royalties is still a problem in the digital music industry in Indonesia, including new challenges to the role of aggregators and Collective Management Organization. The problem of this research is how the enforcement of the law of copyright infringement and forgery is with the emergence of the digital industry. This research used a qualitative method with a normative juridical approach. The results of the research showed that the increasing and complicated law enforcement related to digital music copyright is influenced by regulations such as complaint offense that hindered the law enforcement. The process of coordination and supervision between the Civil Servant Investigator (PPNS) of the Directorate General of Intellectual Property and other law enforcement officers needs to be improved. Law enforcement includes payment of compensation, termination of certain activities that cause harm to creators and owners of related rights, obligation to withdraw from circulation, revocation of business licenses, termination of business activities, and the last resort of ultimum remedium in the form of criminal sanctions. Dissemination of information and knowledge regarding IPR law and its derivative regulations including Government Regulation No. 50 Year 2021 carried out by the government is part of the legal protection of the society to increase public legal awareness in the digital era.
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Islam, Mahbubl. "Legal Responses to IPR Infringement in Internet Sphere." Asian Journal of Humanity, Art and Literature 5, no. 1 (June 30, 2018): 19–32. http://dx.doi.org/10.18034/ajhal.v5i1.329.
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The emergence of the Internet has changed the ways in which we create, distribute, access, and use information. The Internet provides manifold opportunities for users, operators, businesses, and the public at large for speedy, cheap, and global dissemination of information, knowledge, research, and entertainment. At the same time, it also poses complex conceptual and empirical challenges for intellectual property and related rights. Works of intellectual property can be digitized and transferred over the Internet. Many trademarks have been placed on it by the companies for advertising and marketing goods and services. In the field of copyright, a number of works of literature, film and art, and notably computer programs, have been transferred over the Internet. The patent system has also migrated onto the Internet. It is now popular for companies to patent their online business methods. In the Internet Sphere, the infringer can easily misdirect consumers to its website by using another’s trademark as a meta-tag, and it is also easy to copy and distribute other’s copyright materials unlawfully. Due to global nature of the Internet, an Internet IP infringement usually happens not only within one country but also across borders. All of these have raised many difficulties for the protection of IPRs in Internet sphere. Therefore everyone has been dubious of what the actual laws concerning Intellectual Property rights are in relation to Internet sphere. Today the Internet explosion has made the question of how to enforce IP law on a global scale as an imperative issue. In this Article, the author tries to accentuate the existing as well as changing IPR challenges brought about by the Internet and project what issues a national legislature should consider to meet the demands of the digital revolution. The core object of this study is to scrutinize the compelling factors behind the Intellectual Property Rights Infringements through the Internet and investigate the existing Legal Responses in International, Regional and Local levels. However, the findings demonstrate that mass-awareness, consensus and mutual co-operation among the developed and developing countries, proper enforcement of the existing laws as well as bringing amendments to some areas of Law can be cited as a potential solution.
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SAMAD, GHULAM, and RABIA MANZOOR. "GREEN GROWTH: IMPORTANT DETERMINANTS." Singapore Economic Review 60, no. 02 (June 2015): 1550014. http://dx.doi.org/10.1142/s0217590815500149.
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We discuss the important determinants requires to develop green patents, which eventually reinforce green growth. The theoretical framework examined four elements, the enforcement of intellectual property rights (IPRs), research and development (R&D) expenditures, market size and environmental taxations. We empirically test the green patent data to test the interrelationship of green patents representing the green innovations and IPR, R&D expenditures, market size and environmental taxations. Keeping in view the availability of the data we studied 11 developed countries, which are Austria, Australia, Canada, France, Japan, Finland, Germany, Sweden, U.K and U.S. The panel data can better handled the technological change rather than the pure cross section or pure time series data. Therefore, this study used the Pooled Least Square estimation techniques like Fixed Effect Model (FEM) and random effect model (REM) for both balance period of 1995–2010 and unbalanced period from 1995–2010. We only interpreted the balance period results depicting the enforcement of IPRs has negative and significant impact on green patents while the R&D expenditures, market size and environmental taxations has positive and significant impact on the green patents e.g. development of green innovations. We believe that the enforcement of explanatory variables will eventually acquire green growth.
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Indriani, Iin. "HAK KEKAYAAN INTELEKTUAL: PERLINDUNGAN HUKUM TERHADAP HAK CIPTA KARYA MUSIK." Jurnal Ilmu Hukum 7, no. 2 (August 5, 2018): 246. http://dx.doi.org/10.30652/jih.v7i2.5703.
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Copyright has a big change for the country, especially in terms of trade. Then the difference in copyright becomes something very important. Both national and international, as agreed in Geneva in Septemebr 1990, where Intellectual Property in Business Briefing addresses issues known as TRIPs (Trade Related Aspects of Intellectual Property Rights). The enforcement of these TRIPs really does eradicate efforts against various forms of Intellectual Property Rights (IPR), including negative piracy of musical works. Should Indonesia ignore the policies in the provisions set forth in the TRIPs agreement, Indonesia will continue to be included in the list of countries that need to be monitored and view (watchlist) and that means any export product from the Indonesian state will be examined for its technological content and questionable the origin of its authenticity. Therefore, law enforcement for copyright such as DVD / VCD piracy that developed rapidly in one of the areas in Indonesia needs to be implemented well in accordance with the prevailing provisions, in order to provide certainty and legal changes to one's copyrights.
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Mashdurohatun, Anis, Jamadi Jamadi, and Eman Suparman. "Developing Intellectual Property Rights as Joint Assets Post-Marriage Decisions Based on Justice." Scholars International Journal of Law, Crime and Justice 5, no. 12 (December 6, 2022): 527–36. http://dx.doi.org/10.36348/sijlcj.2022.v05i12.003.
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The purpose of this research is to develop IPR as joint property and how to distribute it after divorce based on justice. The method used in this research is socio-legal (Socio-legal Research). This study uses primary data and secondary data. Meanwhile, the technique of collecting data is through library research and field studies analytical descriptive data analysis. The results of this study indicate that this research also finds a new legal norm/rule: that the economic value obtained from all types of intellectual property rights, namely Copyrights, Patents, Trademarks, Trade Secrets, Industrial Designs, Plant Variety Protection, Layout Designs of Integrated Circuits registered during Marriage becomes joint property of husband and wife as long as it is not stipulated otherwise in the marriage agreement and the distribution after the marriage breaks up each gets half as long as husband and wife carry out their responsibilities, roles and duties properly as head/housewife, whereas if husband and wife are not/less able to carry out their duties properly responsibilities, roles and duties properly in the household, then the distribution is in accordance with the size of their contribution in the household and the process of creating/discovering IPR. The results of the distribution, either in a decision or an agreement in front of an authorized official, must be recorded at the Directorate General of Intellectual Property Rights, because the transfer of Economic Rights of Intellectual Property Rights only has legal consequences for third parties after being registered at the Directorate General of Intellectual Property Rights. Legal Structure Side, increasing knowledge, understanding and experience of law enforcement in the field of intellectual property rights through formal education, training, certification, seminars, workshops, library access, field practice and other means. Legal Culture Side, increasing public knowledge and understanding in the field of IPR through legal education, both formal and non-formal.
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Elisa, Elisa. "Law Enforcement of Patent Rights in Indonesia in Decree Number 25 PK/Pdt.Sus-HKI/2015 Jo. Decree Number 295 K/Pdt.Sus-HaKI/2013 Jo. Decree Number 53/Patent/2012/PN.Niaga. Jkt. Pst." International Journal of Multicultural and Multireligious Understanding 10, no. 5 (May 15, 2023): 207. http://dx.doi.org/10.18415/ijmmu.v10i5.4641.
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The nature of Intellectual Property Rights is vulnerable to violations so protection is urgently needed. In principle, IPR legal protection contains recognition of said IPR, rights that within a certain period of time enjoy or exploit these assets, can only enjoy or exploit these rights with the permission or license of the right owner, because protection and recognition can only be given specifically or exclusively to the party owning the intellectual property. The formulation of the problem in this study is how is the position of patent enforcement cases in Indonesia in Decision No. 25 PK/Pdt.Sus-HKI/2015 jo. Decision Number 295 K/Pdt.Sus-HaKI/2013 jo. Decision Number 53/Paten/2012/PN.Niaga.Jkt. Pst? (2) How is the analysis of Decision Number 25 PK/Pdt Sus-HKI/2015 jo. Decision Number 295 K/PdtSus-HaKI/2013 Junto Decision Number 53/Paten/2012/PN NiagaJktPst? The method used is descriptive qualitative, data sources obtained from books, articles, decisions, and laws. The results of this study are that there are many violations of intellectual property ownership in Indonesia and these violations become disputes either filed in court or resolved out of court. The Commercial Court has the authority to examine and decide on other cases in the field of commerce which are determined by law, including those in the field of IPR, especially patents. The procedural law used is lex specialist. In Decision Number 53/Paten/2012/PN.Niaga.Jkt. Pst. dated March 13, 2013, the Commercial Court at the Central Jakarta District Court rejected the Plaintiff's claim. However, at the cassation level, the decision was canceled by the Supreme Court of the Republic of Indonesia through Decision Number 295 K/Pdt.Sus-HaKI/2013 dated 5 September 2013 and then in line with Decision Number 25 PK/Pdt.Sus-HKI/2015 dated 29 May 2015 at the Review level. It can be concluded from the a quo decision, namely that an essential element in obtaining a patent is "the element of novelty of the invention".
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Hegedus-Gáspár, Máté. "Data Exclusivity for Biological Pharmaceuticals: Is New Zealand in Breach of World Trade Organization Law?" Journal of World Trade 50, Issue 5 (October 1, 2016): 909–34. http://dx.doi.org/10.54648/trad2016037.
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The protection of intellectual property (IP) rights is riddled with conflicts of interests. The Agreement on Trade-Related Aspects of Intellectual Property Rights (hereinafter ‘TRIPS Agreement’) introduced standards in order to harmonize IP law enforcement simplifying the task of finding the appropriate level of protection. In some cases IP protective measures result in severe trade restrictions, which can, nevertheless, be justified by virtue of their compliance to TRIPS. However, some trade restrictive intellectual property rights (IPRs) are not covered by TRIPS. This research explores a way in which the enforcement of IPRs falling outside TRIPS can be reconciled with obligations relating to the elimination of trade barriers under the General Agreement on Tariffs and Trade (GATT). The rationale is that TRIPS provides guidance as to the application of Article XX(d) GATT in relation to trade restrictive measures that enforce IPRs. This approach is applied in this article to determine whether, in granting protection to IP in clinical test data relating to biological pharmaceuticals, New Zealand complies with its obligations under the GATT, given that TRIPS does not recognize this IPR and does not provide for its protection.
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Anwar, Riyad Febrian. "ASEAN Single Market: Revisiting Rules and Strategies on the Enforcement of Free Flow of Goods in ASEAN." Hasanuddin Law Review 1, no. 2 (August 26, 2015): 114. http://dx.doi.org/10.20956/halrev.v1i2.86.
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Whether we are ready or not, people in Indonesia and the rest of Southeastern Asia will soon welcome the ASEAN Economic Communities (AEC) by the end 2015. Therefore, there are needs to evaluate the progress in ASEAN rules and strategies thus far. By employing normative study, this paper finds and further recommends the following: Firstly, ASEAN almost reached its peak points in eliminating the tariff barriers, yet to come are the elimination on ‘sensitive’ and ‘highly sensitive list’ tariffs on imported agriculture commodities; Secondly, Non-Tariff Barriers (NTB) remain to be one of the major problems in intra-ASEAN trades; Thirdly, Member States reluctances to invoke the ASEAN dispute settlement mechanism for their trading disputes may potentially hinder the effectiveness of AEC in the future; and Finally, the protection of intellectual property remains low in the region as the ASEAN Intellectual Property Rights (IPR) Action plan 2011-2015 is still deemed ineffective to reforms the IP regulations within Member States.
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Anwar, Riyad Febrian. "ASEAN Single Market: Revisiting Rules and Strategies on the Enforcement of Free Flow of Goods in ASEAN." Hasanuddin Law Review 1, no. 2 (August 26, 2015): 114. http://dx.doi.org/10.20956/halrev.v1n2.86.
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Whether we are ready or not, people in Indonesia and the rest of Southeastern Asia will soon welcome the ASEAN Economic Communities (AEC) by the end 2015. Therefore, there are needs to evaluate the progress in ASEAN rules and strategies thus far. By employing normative study, this paper finds and further recommends the following: Firstly, ASEAN almost reached its peak points in eliminating the tariff barriers, yet to come are the elimination on ‘sensitive’ and ‘highly sensitive list’ tariffs on imported agriculture commodities; Secondly, Non-Tariff Barriers (NTB) remain to be one of the major problems in intra-ASEAN trades; Thirdly, Member States reluctances to invoke the ASEAN dispute settlement mechanism for their trading disputes may potentially hinder the effectiveness of AEC in the future; and Finally, the protection of intellectual property remains low in the region as the ASEAN Intellectual Property Rights (IPR) Action plan 2011-2015 is still deemed ineffective to reforms the IP regulations within Member States.
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Sebastian, Leocadio, and Jane Payumo. "NARES Capacity in Relation to International Treaties and Conventions on Intellectual Property Rights, Agricultural Biotechnology, and Plant Genetic Resources Management." Asian Journal of Agriculture and Development 3, no. 1-2 (December 15, 2006): 91–114. http://dx.doi.org/10.37801/ajad2006.3.1-2.6.
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Significant developments in the scientific front and international policy arena have affected the use and exchange of genetic resources, and the management of intellectual property. These developments are now reshaping public agricultural research and development (R&D) in developing countries, especially in the access, generation, and dissemination of research outputs. Three of the most important international treaties and conventions that are important in this context are the World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights (WTO-TRIPS), the Convention on Biological Diversity (CBD), and the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA). Already, majority of the developing countries are signatories to these treaties and could be expected to exploit them for their own advantage. On the other hand, non-member countries, despite their non-participation, must find alternative scenarios to be able to effectively address issues concerning IPR, agricultural biotechnology, and plant genetic resources. As the main source of innovation in public agricultural research, national agricultural research extension systems (NARES) need to be enlightened on the various aspects of these treaties and agreements and the impact on their respective research and extension activities. It may be necessary, for example, to tailor capacity-building initiatives on the IPR, agbiotech, and PGR aspects of international treaties to specific countries or regions since policy and enforcement mechanisms among NARES vary according to the availability of human and logistical resources, research priorities, and technology transfer objectives. This paper takes a look at the critical aspects of TRIPS, CBD, ITPGRFA, and other agreements, and studies their implications on public agbiotech R&D among NARS; compares initiatives by several Asian developing countries to comply with the provisions of these treaties and agreements; highlights PhilRice's initiatives to help its national government comply with its obligations under these treaties; and assesses and recommends a plan of action on the capacity-building of NARES institutions on IPR, agbiotech, and PGR management.
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Singer, Alan E., and Jerry Calton. "Dissolving the digital dilemma: meta-theory and intellectual property." Human Systems Management 20, no. 1 (April 24, 2001): 19–33. http://dx.doi.org/10.3233/hsm-2001-20105.
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The contemporary worldwide dissensus and dilemma concerning the nature and enforcement of intellectual property rights, can be informed by metatheory. Policy in this area can be depicted as a resultant of narrowly-defined interests of stakeholder groups. It can also be described in terms of rational deliberations, that span scenarios and strategies, as well as the spectrum of social science theories and metatheories. The case for weaker IPR policy regimes then becomes quite compelling. Such regimes institutionalise relatively tight limitations on the scope, duration and applicability of patents and copyrights. They can be understood and justified in terms of cautious policy-level interventions in an ecology of knowledge. They are also oriented towards human development and higher ideals. More generally, such contributions from metatheory to public policy and business strategy have been rather sparsely documented, yet they are very timely.
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Kapitsa, Y. "THE DEVELOPMENT OF PROTECTION OF GEOGRAPHICAL INDICATIONS AND DESIGNATIONS OF ORIGIN IN THE EUROPEAN UNION." ACTUAL PROBLEMS OF INTERNATIONAL RELATIONS 2, no. 127 (2016): 82–89. http://dx.doi.org/10.17721/apmv.2016.127.2.82-89.
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The article discusses the codification of EU acts on the protection of designations of origin and geographical indications. It is noted the higher protection requirements in the EU compared to the TRIPS Agreement and the Lisbon Treaty. It is noted the difference in designations of origin and other denominations on national level. The legal regime of traditional specialities and optional quality terms is discussed with notes of features of these indication close to specific industrial property objects. The specific character of enforcement of rights on designations of origin and geographical indications is noted with more wide protection then for other IPR objects. It is noted non codification of legislation on agricultural products and foodstuffs and wines and spirits, small amount of the types of products and foodstuffs which cover the regulation in comparison of other countries, expedience of simplification of the registration for small producers.
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Chentiba, Ahmed Taifique, Amadu Mohammed Faisal, and Eliasu Mumuni. "A Quantitative Examination of the Phenomenon of Soli and Public Relations Practice in Ghana." Journal of Development and Communication Studies 8, no. 1 (March 10, 2021): 74–98. http://dx.doi.org/10.4314/jdcs.v8i1.4.
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Public Relations (PR) practitioners are cited as being among the top three sources that perpetuate brown envelope journalism (Soli) in their dealings with journalists. The practice, thus, appears to have become a norm among PR practitioners and journalists (reporters) without recourse to the ethical implications of the practice. This study investigates the factors PR practitioners in Ghana consider when they engage in the phenomenon of Soli. The paper adopted the quantitative research approach and the survey design to investigate this phenomenon. Findings of the study were tested using the Binary and Ordered Probit regression models. The results showed no significant relationship between PR practitioners’ knowledge of IPR (Ghana) code of ethics and the payment of Soli by PR practitioners. The results also showed a positive significant relationship between PR practitioners desire to obtain positive media coverage and payment of Soli by PR practitioners. The study recommended the promotion and enforcement of professional and organisational policies on inducement and a redefinition of the media relations function of PR practitioners.
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Adams, Racheal. "The Evolution of Intellectual Property Rights in the Digital Age." Journal of Modern Law and Policy 3, no. 2 (December 3, 2023): 52–63. http://dx.doi.org/10.47941/jmlp.1554.
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Purpose: The main objective of this study was to investigate the evolution of intellectual property rights in the digital age.
Methodology: The study adopted a desktop research methodology. Desk research refers to secondary data or that which can be collected without fieldwork. Desk research is basically involved in collecting data from existing resources hence it is often considered a low cost technique as compared to field research, as the main cost is involved in executive’s time, telephone charges and directories. Thus, the study relied on already published studies, reports and statistics. This secondary data was easily accessed through the online journals and library.
Findings: The findings revealed that there exists a contextual and methodological gap relating to the evolution of intellectual property rights in the digital age. Preliminary empirical review revealed that that the digital age has significantly impacted IPR across various dimensions. It has not only necessitated the adaptation of legal frameworks but has also introduced novel challenges and opportunities. The prevalence of digital piracy, the need for copyright enforcement mechanisms, the reevaluation of traditional notions of copyright ownership, and the complexities surrounding open access publishing are among the key issues that have emerged as central concerns in the digital age.
Unique Contribution to Theory, Practice and Policy: The Diffusion of Innovations theory, Institutional theory and the Social Contract theory may be used to anchor future studies on the evolution of intellectual property rights. Some of the recommendations drawn from the study include the following: modernizing intellectual property legislation, strengthening cross-border enforcement, promoting digital literacy and copyright education, encouraging voluntary compliance and industry collaboration and adapting alternative intellectual property models.
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Serrano, Omar, and Ivo Krizic. "Exporting Intellectual Property Rights to Emerging Countries: EU and US Approaches Compared." European Foreign Affairs Review 22, Special Issue (August 1, 2017): 57–75. http://dx.doi.org/10.54648/eerr2017020.
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This article focuses on the EU’s and the US’s relationship with Brazil, India and China (BIC) in the area of Intellectual Property Rights (IPR). The comparison of EU and US approaches yields the interplay between hierarchical (coercive) and horizontal (network-based) strategies used by both sides to advance a maximalist IP agenda vis-à-vis the BIC. We furthermore find the EU taking inspiration (i.e. ‘learning’) from the US in the process of strengthening its external IP policy. Switching the angle to the ‘demand-side’ of emerging countries, China comes out as the most accommodative among the BIC in terms of aligning its IP (especially patent) legislation and enforcement practices with standards promoted by the EU and the US. India and Brazil, on the other hand, have shown more signs of contestation, not only in domestic implementation but also in terms of opposing and seeking alternatives to EU- and US-induced global IP norms. Variation between the BIC is explained, inter alia, by domestic concerns related to innovation in China, the role of the (generics) pharmaceutical industry in India, and the persistence of developmentalist ideas in parts of the Brazilian public administration.
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Ma, Xiao, and Shujie Feng. "To Increase Damages of Intellectual Property Infringement in China: A Double-Edged Sword for the Market." Journal of World Trade 53, Issue 1 (February 1, 2019): 39–58. http://dx.doi.org/10.54648/trad2019002.
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TRIPs Agreement encourages WTO members to enhance intellectual property (IP) protection, and developed countries have been pushing developing countries to the high level of protection of IP. However, this is not always good for the market. The damages for IP infringement increased drastically in China in recent years. This has drawn our attention to the application of the Chinese IP laws. This article analysed the rules in Chinese patent, trademark and copyright laws and their application by Chinese courts regarding damages adjudication with most updated legislative documents, statistics, important cases as well as the judicial policies of the Chinese Supreme Court. The article found that, driven by judicial policy, the courts used significant discretion to achieve increase of damages unjustifiably. This is a double edged sword for the market because, though favourable to IPR owners, it is harmful to the rule of law and it makes IP enforcement a business to misappropriate licit profit of infringer, especially in view of the emerging IP trolls. China should carry out reform to improve the legal regime of damages for IP infringement. The solution to these problems lies in resorting to the strict application of compensatory damages.
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Iitembu, Johannes A., and Lineekela Usebiu. "A comparative analysis of the approaches to trade secrets protection between Namibia and the USA." Journal of Corporate and Commercial Law & Practice, The 7, no. 2 (2021): 83–100. http://dx.doi.org/10.47348/jccl/v7/i2a4.
Full textAbstract:
The adequacy of trade secret protection is one of the key pillars for promoting domestic and foreign-derived innovations. Therefore, various countries have chosen varying approaches that they deem adequate to protect the trade secrets of their citizens and foreigners. This article compares the approaches to protecting trade secrets in Namibia and the United States of America (USA). The analysis demonstrates that the USA approach better protects trade secrets, whether domestic or foreign, as it removes many uncertainties and brings simplicity and uniformity to litigating trade secrets issues, including clarity on available civil or criminal remedies. For members of the World Trade Organization (WTO), having an adequate statute for the protection of trade secrets also removes the weakness of the Trade-Related Aspects of Intellectual Property Rights (TRIPS), which only requires that members enforce IPR through domestic law enforcement in the member state. Developing nations, like Namibia, can therefore adopt a statutory approach as applied in developed nations like the USA. Adequate protection of trade secrets will not only increase domestic innovation but may also lead to ease of collaboration with developed nations in innovation-related projects.
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Hasiholan Sihaloho, Subhan Zein, Nelson Hasibuan, and Mario Alberto Manodohon. "Analysis of Challenges and Opportunities for the Development of Economic Globalization in Business Law in Indonesia." Formosa Journal of Multidisciplinary Research 2, no. 11 (November 30, 2023): 1751–64. http://dx.doi.org/10.55927/fjmr.v2i11.6684.
Full textAbstract:
Globalization as the rapid growth of interdependence and connections in the world of trade and finance. Globalization is not only limited to the phenomenon of trade and financial flows which are growing increasingly widespread, this is due to other trends driven by communication. What are the challenges and opportunities for the development of economic globalization in business law in Indonesia? 1) Business competition regulations, business law regulates fair business competition and prohibits business practices that harm consumers or competitors. This ensures that the market remains healthy and prevents monopolies from harming the economy. Contracts and contract law. 2) Business law regulates the creation, interpretation, and enforcement of contracts. This provides legal certainty for parties involved in business transactions and allows contractors to rely on contract fulfillment. 3) Banking and financial regulations, regulation and supervision of all financial activities must be carried out with integrity. 4) Protection of Intellectual Property Rights (IPR). Business law protects copyrights, patents, trademarks, and industrial designs that encourage innovation and the creation of new goods and services. This provides incentives to companies and individuals to invest in research and development.