{"title":"Design Law Declared by the Supreme Court of India","authors":"","doi":"10.56042/jipr.v28i3.601","DOIUrl":"https://doi.org/10.56042/jipr.v28i3.601","url":null,"abstract":"","PeriodicalId":39166,"journal":{"name":"Journal of Intellectual Property Rights","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70707373","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}
Pub Date : 2023-01-01DOI: 10.56042/jipr.v28i4.1056
{"title":"A Paradigm Shift in Indian and International Patent Regime- Critical Review on Ex- and Current Scenario (Covid-19 Impact)","authors":"","doi":"10.56042/jipr.v28i4.1056","DOIUrl":"https://doi.org/10.56042/jipr.v28i4.1056","url":null,"abstract":"","PeriodicalId":39166,"journal":{"name":"Journal of Intellectual Property Rights","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70707538","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Impact of Online Digital Piracy on the Indian Film Industry: An Empirical Investigation into Consumer Behaviour","authors":"","doi":"10.56042/jipr.v28i1.537","DOIUrl":"https://doi.org/10.56042/jipr.v28i1.537","url":null,"abstract":"","PeriodicalId":39166,"journal":{"name":"Journal of Intellectual Property Rights","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70706727","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Crossroad between Intellectual Property and Clinical Trials: Balancing Incentives for Innovation with Access to Healthcare","authors":"","doi":"10.56042/jipr.v28i4.77","DOIUrl":"https://doi.org/10.56042/jipr.v28i4.77","url":null,"abstract":"","PeriodicalId":39166,"journal":{"name":"Journal of Intellectual Property Rights","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70707089","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}
Pub Date : 2023-01-01DOI: 10.56042/jipr.v28i5.3403
This Paper seeks to review the articles published in the Journal of Intellectual Property Rights (JIPR)in the second half of the second decade of the twenty-first century from Volume 20 (1) (2015) to Volume 24 (6) (2019). This is the fifth paper on the theme ‗JIPR in IPR Research‘ and proceeds with the same method and arguments as adopted and developed in the previous four papers published on the theme. In this decade, a total of 144 articles were published including one Special Issue on the theme ‗New Technologies, Climate Change and IPR‘. These 144 articles were published in 30 issues of 5 volumes. JIPR in this decade published 6 regular issues in Volumes 20 (2015) and 22 (2017). Whereas, the Issues 4 and 5 of Volume 21 (2016); Issues 2 and 3, and 4 and 5 of Volume 23 (2018); and Issues (1) and (2), (3) and (4), and (5) and (6) of Volume 24 (2019) were published jointly. Out of total articles published in JIPR till Volume 24, the number of articles published in this decade (144) constitutes 17.60 (point six zero) percent, and the contribution of this decade (2015–2019) is 19.27 (point two seven) percent.
{"title":"Contribution of Journal of Intellectual Property Rights (JIPR) in IPR Research: A View through the Articles Published in the Second Decade of Twenty-First Century (2015–2019) — V","authors":"","doi":"10.56042/jipr.v28i5.3403","DOIUrl":"https://doi.org/10.56042/jipr.v28i5.3403","url":null,"abstract":"This Paper seeks to review the articles published in the Journal of Intellectual Property Rights (JIPR)in the second half of the second decade of the twenty-first century from Volume 20 (1) (2015) to Volume 24 (6) (2019). This is the fifth paper on the theme ‗JIPR in IPR Research‘ and proceeds with the same method and arguments as adopted and developed in the previous four papers published on the theme. In this decade, a total of 144 articles were published including one Special Issue on the theme ‗New Technologies, Climate Change and IPR‘. These 144 articles were published in 30 issues of 5 volumes. JIPR in this decade published 6 regular issues in Volumes 20 (2015) and 22 (2017). Whereas, the Issues 4 and 5 of Volume 21 (2016); Issues 2 and 3, and 4 and 5 of Volume 23 (2018); and Issues (1) and (2), (3) and (4), and (5) and (6) of Volume 24 (2019) were published jointly. Out of total articles published in JIPR till Volume 24, the number of articles published in this decade (144) constitutes 17.60 (point six zero) percent, and the contribution of this decade (2015–2019) is 19.27 (point two seven) percent.","PeriodicalId":39166,"journal":{"name":"Journal of Intellectual Property Rights","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135799277","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}
The rapid development of Artificial Intelligence (AI) is swiftly reaching a critical juncture, which will greatly affect a multitude of sectors such as business, healthcare, and agriculture. While the enhanced capabilities of AI offer considerable potential for beneficial outcomes, they also present a substantial obstacle to current legal structures regulating patents. This conundrum carries extensive consequences for creativity, economic growth, and the broader community.[i] In light of this, it is critical that stakeholders, including patent experts, policymakers, and academics, engage in robust dialogues to develop strategies for encouraging innovation and navigating the complex legal terrain that arises from patent law in the AI paradigm.[ii] The stakes are high, and the consequences of failing to address these challenges could be dire. In light of the current context, this paper examines various facets of patent law as they relate to AI creations, encompassing patent eligibility principles, the patentability of AI in the United States and India, and the more extensive consequences of AI and patent law's convergence. The paper offers a comparative analysis of the legal structures in these two nations, illuminating the similarities and distinctions in how AI is addressed in each legal system. In conclusion, the paper proposes a set of suggestions for modifying legal frameworks to keep up with the rapid advancements in AI technology. By concentrating on the difficulties that emerge from the interplay of AI and patent law, the paper underscores the necessity for continuous discussion and cooperation among all parties involved, ensuring that creativity flourishes in this rapidly changing and exhilarating domain.
{"title":"Emerging Technologies and Intellectual Property Rights: A Cross-Jurisdictional Examination of AI and Patent Laws in India and the USA","authors":"","doi":"10.56042/jipr.v28i5.399","DOIUrl":"https://doi.org/10.56042/jipr.v28i5.399","url":null,"abstract":"The rapid development of Artificial Intelligence (AI) is swiftly reaching a critical juncture, which will greatly affect a multitude of sectors such as business, healthcare, and agriculture. While the enhanced capabilities of AI offer considerable potential for beneficial outcomes, they also present a substantial obstacle to current legal structures regulating patents. This conundrum carries extensive consequences for creativity, economic growth, and the broader community.[i] In light of this, it is critical that stakeholders, including patent experts, policymakers, and academics, engage in robust dialogues to develop strategies for encouraging innovation and navigating the complex legal terrain that arises from patent law in the AI paradigm.[ii] The stakes are high, and the consequences of failing to address these challenges could be dire. In light of the current context, this paper examines various facets of patent law as they relate to AI creations, encompassing patent eligibility principles, the patentability of AI in the United States and India, and the more extensive consequences of AI and patent law's convergence. The paper offers a comparative analysis of the legal structures in these two nations, illuminating the similarities and distinctions in how AI is addressed in each legal system. In conclusion, the paper proposes a set of suggestions for modifying legal frameworks to keep up with the rapid advancements in AI technology. By concentrating on the difficulties that emerge from the interplay of AI and patent law, the paper underscores the necessity for continuous discussion and cooperation among all parties involved, ensuring that creativity flourishes in this rapidly changing and exhilarating domain.  ","PeriodicalId":39166,"journal":{"name":"Journal of Intellectual Property Rights","volume":"90 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135799279","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Rethinking the Role of Intellectual Property Rights in Pharmaceutical Industry of Saudi Arabia","authors":"","doi":"10.56042/jipr.v28i1.536","DOIUrl":"https://doi.org/10.56042/jipr.v28i1.536","url":null,"abstract":"","PeriodicalId":39166,"journal":{"name":"Journal of Intellectual Property Rights","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70706654","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}
Pub Date : 2023-01-01DOI: 10.56042/jipr.v28i2.1268
G. R. Raghavender, Gurujit Singh
Artificial intelligence (AI) is prolific emerging algorithmic general purpose technology that helps inventors in the innovation process or is a component of an invention. AI-assisted inventions and other computer-related inventions (CRIs) generally have few significant differences. A simple instrument for creativity, machines are now a significant contribution to creation because to AI advancements. Medical researchers are using AI machines to find new drugs. These automated systems, also known as “innovative AI”, have been helping to develop new inventions with little to no human involvement. 1 Since AI's contribution and autonomous invention process is exponentially growing, there have been instances where a patent applicant has opted to name an AI programme as the inventor in a patent application. The patent offices of the United States, the United Kingdom, the European Union, and New Zealand recently rejected a patent application seeking inventorship for an AI computer. Australia and South Africa, on the other hand, have recognised AI as an inventor. In light of the various approaches used around the world, this article examines the key question that emerges in patent granting: can an AI system that is not a natural person be recognised as an inventor and granted a patent in India, including inventorship and ownership?
{"title":"Can Artificial Intelligence (AI) Machine be Granted Inventorship in India?","authors":"G. R. Raghavender, Gurujit Singh","doi":"10.56042/jipr.v28i2.1268","DOIUrl":"https://doi.org/10.56042/jipr.v28i2.1268","url":null,"abstract":"Artificial intelligence (AI) is prolific emerging algorithmic general purpose technology that helps inventors in the innovation process or is a component of an invention. AI-assisted inventions and other computer-related inventions (CRIs) generally have few significant differences. A simple instrument for creativity, machines are now a significant contribution to creation because to AI advancements. Medical researchers are using AI machines to find new drugs. These automated systems, also known as “innovative AI”, have been helping to develop new inventions with little to no human involvement. 1 Since AI's contribution and autonomous invention process is exponentially growing, there have been instances where a patent applicant has opted to name an AI programme as the inventor in a patent application. The patent offices of the United States, the United Kingdom, the European Union, and New Zealand recently rejected a patent application seeking inventorship for an AI computer. Australia and South Africa, on the other hand, have recognised AI as an inventor. In light of the various approaches used around the world, this article examines the key question that emerges in patent granting: can an AI system that is not a natural person be recognised as an inventor and granted a patent in India, including inventorship and ownership?","PeriodicalId":39166,"journal":{"name":"Journal of Intellectual Property Rights","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70707148","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}
Pub Date : 2023-01-01DOI: 10.56042/jipr.v28i2.1270
The consumer-based and technology-driven economy has triggered competitiveness amongst companies. In the ever-evolving market space, the companies have recognised the significance of generating intangible assets such as trademarks, patents, and trade secrets to remain competitive. Due to globalisation, international business transactions with respect to these intangible assets have led to an increase in intellectual property disputes. Moreover, due to IP's complex nature, the risks involved in IP litigation can be burdensome in cross-border IP disputes coupled with the Court’s cumbersome procedure. Given that the stakeholders prefer out-of-court dispute resolution systems like arbitration to resolve their commercial disputes, arbitrating IP disputes is slowly gaining traction. Even though India’s courts have expressed their leaning towards arbitrating IP disputes, the same has become practically impossible due to various impediments in the existing mechanism. This article surveys the current IP arbitration regime and uncovers the existing impediments and loopholes in IP arbitration. Further, the article explores the possibility of liberalising the IP arbitration regime by taking cues from jurisdictions across the globe.
{"title":"A Shift from State’s Exclusivity to Respecting Party Autonomy: Conceptualising IP Arbitration in India","authors":"","doi":"10.56042/jipr.v28i2.1270","DOIUrl":"https://doi.org/10.56042/jipr.v28i2.1270","url":null,"abstract":"The consumer-based and technology-driven economy has triggered competitiveness amongst companies. In the ever-evolving market space, the companies have recognised the significance of generating intangible assets such as trademarks, patents, and trade secrets to remain competitive. Due to globalisation, international business transactions with respect to these intangible assets have led to an increase in intellectual property disputes. Moreover, due to IP's complex nature, the risks involved in IP litigation can be burdensome in cross-border IP disputes coupled with the Court’s cumbersome procedure. Given that the stakeholders prefer out-of-court dispute resolution systems like arbitration to resolve their commercial disputes, arbitrating IP disputes is slowly gaining traction. Even though India’s courts have expressed their leaning towards arbitrating IP disputes, the same has become practically impossible due to various impediments in the existing mechanism. This article surveys the current IP arbitration regime and uncovers the existing impediments and loopholes in IP arbitration. Further, the article explores the possibility of liberalising the IP arbitration regime by taking cues from jurisdictions across the globe.","PeriodicalId":39166,"journal":{"name":"Journal of Intellectual Property Rights","volume":"15 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70707202","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}
Pub Date : 2023-01-01DOI: 10.56042/jipr.v28i5.4196
Lately, there have been several multi-jurisdiction litigations involving SEPs. In large part this is because of thecomplexity of executing FRAND licenses for SEP portfolios. This work focuses on, and explains, some of the issues thatarise in the context of FRAND licensing- including, the problem of over-declaration by SEP holders, the possibility ofpatent hold-out, difficulties associated in court determination of terms of a global FRAND license for SEP portfolios, lack ofawareness regarding the nuances of SEP/FRAND space, and the intrinsic informational imbalances that exist in any FRANDnegotiation. The issues discussed here are by no means exhaustive and many of them do not have easy answers.
{"title":"SEP Litigations & Issues in Determining the FRAND License","authors":"","doi":"10.56042/jipr.v28i5.4196","DOIUrl":"https://doi.org/10.56042/jipr.v28i5.4196","url":null,"abstract":"Lately, there have been several multi-jurisdiction litigations involving SEPs. In large part this is because of thecomplexity of executing FRAND licenses for SEP portfolios. This work focuses on, and explains, some of the issues thatarise in the context of FRAND licensing- including, the problem of over-declaration by SEP holders, the possibility ofpatent hold-out, difficulties associated in court determination of terms of a global FRAND license for SEP portfolios, lack ofawareness regarding the nuances of SEP/FRAND space, and the intrinsic informational imbalances that exist in any FRANDnegotiation. The issues discussed here are by no means exhaustive and many of them do not have easy answers.","PeriodicalId":39166,"journal":{"name":"Journal of Intellectual Property Rights","volume":"159 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135799507","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}
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