Journal of World Intellectual Property最新文献

This paper examines the outcomes of Internet domain name dispute arbitrations in India through a quantitative analysis of all domain name arbitrations (N = 1147) involving the Indian country code top-level domain from 2006 to 2019. Specifically, we investigate whether the nationalities and corporate/individual identities of the complainants and respondents affect the outcome of the arbitrations. The most common type of dispute during this period is an international entity petitioning against another international entity (46%). In sum, the domain name arbitrations under INDRP are dominated by international and organizational complainants, but there is more variation among respondents' profiles in terms of nationality and identity. Our analysis suggests that the INDRP process, in the 14 years examined, tends to generate outcomes that favor corporations. Although the complainants almost always won, corporate respondents, compared to their individual counterparts, are more likely to retain the disputed domain names. Also, cases, where a respondent contested a complaint, had a higher probability of rulings in favor of respondents, compared to cases where the respondent filed no response.

The Handicraft industry plays a significant and pivotal role in the country's economy. It employs a significant number of artisans in rural and semiurban areas and generates significant foreign exchange for the country, all while preserving the cultural heritage. In the Indian context, geographical indication (GI) has recently emerged as a substantial form of intellectual property rights. It is a powerful instrument for safeguarding and rewarding not only the commercial potential of exclusive products but also the traditional knowledge that accompanies them. GI has the potential to revitalize the handicraft sector, but if it is merely seen as intellectual property, the industry's interests are jeopardized. Handicraft products account for over 55% of all GI-registered products in India, followed by agricultural products (31%). The predicament of the Artisans has deteriorated over time. One of several main reasons for the deterioration of Uttar Pradesh's handicraft industry is that artisans in the region still do not fully understand GI. The present study gives an overview of the current status of registered GIs in Uttar Pradesh. More importantly, this will also highlight the major challenges of GI implementation in the traditional handicraft sector in Uttar Pradesh.

Considering the importance of intellectual property (IP) rights in e-commerce, infringement of which is increasing the counterfeiting goods, affecting consumer's confidence and goodwill of e-commerce, the purpose of this study is to examine the functionality of the IP governance system developed by e-commerce companies. The study makes an in-depth analysis of the IP governance system of the two major e-commerce companies, Amazon.com and Alibaba.com, to comprehend the approach of these e-commerce companies toward ensuring IP protection and protecting consumer's rights. In doing this, the study has taken qualitative dual-case study research design which offers valuable insights about the effectiveness, practice, and applications of IP governance system in e-commerce. Moreover, the dual-case study approach contributes to develop a nomological framework. The study confirms that there is lack of harmonization in IP governance system and standard of IP protection which is essential for the sustainable development of e-commerce and for protecting consumer rights. The significance of this study is the proposed recommendation for the regulatory body of the e-commerce industry which serves as an institution, governing the business practice involved in e-commerce to consider in reforming the IP governance system of the e-commerce industry.

In the age of the fourth industrial revolution, the metaverse is creating new waves in the world of internet technology and is promising to provide even better and more immersive ways to interact with other people. Metaverse will further lead to the intertwining of the physical and virtual lives. It will create a virtual environment that allows users to interact in virtual spaces and allow the selling and purchasing of virtual goods. These transformations will pose new challenges and risks for the users, players, and owners of the metaverse platforms. This would require the regulators and policymakers to look closely at the issues such as intellectual property rights (IPRs). The main objective of this study is to research the opportunities and challenges that the metaverse will present for IPRs and to examine the IPRs issues related to the metaverse in the Indian context.

This note makes the case that Nigeria needs to reconsider its legal framework for the protection of geographical indications. It is divided into three main parts. The first part focuses on the rules governing the protection of geographical indications at the international level. The second part examines the current legal framework for the protection of geographical indications in Nigeria. The second part of the note further highlights the gaps between the Nigerian legal framework and the international rules for the protection of geographical indications. The third part of the note explains how the gaps identified in the second part of the note can be closed. This note recommends that Nigeria should enact a sui generis law for the protection of geographical indications. This would enable geographical indications from Nigeria to be effectively protected both inside and outside the country.

The claim that Ifa is not merely a form of worship has been made by many scholars and remains a controversy. According to them, it is the core of Yoruba philosophy and scientific as well. Nevertheless, there exists art and science of an intellectual orientation regarding the development of Yoruba people. There are artworks, sculptures, incantations (poetry), and performances in Ifa. Divination is based on the binary system linked to science, as well as the process of traditional healing. Indeed, where you have art and science, intellectual property rights (IPRs) are in pursuit. In this case, copyright, patents, and trade secrets. The aim of this article is to examine IPRs in the spiritual world of Ifa and Yoruba philosophy; proposing that spiritual intellectual properties are for an entirely different world with a protection mechanism outside the modern approach of protection, while other forms of traditional intellectual properties outside the realm of the spiritual world requires modern intellectual property protection approach, subsequent to the understanding of the creator or inventor.

Biomedical innovation is often rewarded by exclusive proprietary rights such as patents. In the case of gene editing, induced pluripotent stem cells, and three-dimensional (3D) bioprinting (here described as biomodifying technologies), the limitations of the patent system come into stark relief, generating both technical and political doubts. Generally, political and technological limitations are supposed to be solved with so-called good governance, based on some principles. We focus on three of such governance principles (participation, accountability, and transparency) to show how they have been weakened, instead of strengthened, by the current patent system. We demonstrate that although patent applications are submitted by both public and private players, the latter have imposed a growing dominance in gene editing, induced pluripotent stem cells, and 3D bioprinting, disseminating their aggressive and exclusive strategies. As a consequence, a logic of experimentality tends to prevail where the three fundamental governance principles fail to be enacted.

For micro-, small-, and medium-sized enterprises (MSMEs), the current economic scenario might be altering. The transformation of a country's socioeconomic standing, particularly in a developing country like India, is not a simple process. Micro, small, and medium-sized firms are a varied and heterogeneous collection of enterprises with a wide range of ailments and constraints. In this respect, MSMEs should get involved in invention/innovation by doing continuous and productive research and development. Intellectual Property Rights (IPR), is one aspect that can help MSMEs avoid stumbling blocks and achieve global standards. IPR is a broad term that encompasses all aspects of a company and serves as a valuable corporate asset. Patent and trademark databases include a plethora of technological and commercial information that MSMEs may use to learn about recent technological advances, discover prospective partners, and learn about rivals' creative activities. For entrepreneurs all around the world, efficiently managing intellectual property and leveraging it to develop company strategies is becoming increasingly important. In the last 7 years, India has launched several programs such as Digital India, Start-Up India, Make in India, and Stand-up India, as well as the current Aathmanirbhar Bharat, which aims to achieve a $5 trillion economy and long-term sustainability. The enterprise, via its vigilance and vitality, should demonstrate remarkable innovativeness and flexibility to withstand the recent economic downturn, and IPR will provide many chances for future growth in this respect. MSMEs' IP strategies should take a comprehensive approach to the various forms of IP assets. In this article, we have emphasized the impact and relevance of IPR as a competitive strategy for propelling the growth of MSMEs. The objective is to raise MSME knowledge of IPRs so that they may take steps to safeguard their ideas and business plans.

Community seed banks (CSBs) play an important role in ensuring access to crop genetic diversity. The extension of intellectual property rights (IPR) to include farmers' varieties and traditional knowledge in India could impinge on the role of these seed banks in conserving and sharing crop genetic resources. This study enquires into how CSBs are responding to these developments, and the strategic options available with regard to IPR. Should community seed banks claim IPRs over their material or should they focus on promoting greater access to achieve their aims of conservation, sustainable use and innovation of crop genetic resources? By employing two distinct strategies—the ownership and stewardship approaches—we analyse how CSBs in India respond to demands for greater legal control over crop genetic resources and the need for access to genetic resources to ensure food security, and derive possible strategy options. We examine the strategies adopted by five organizations that facilitate the work of such community seed banks, noting the prospects and challenges as regards adopting a stewardship or an ownership approach.

The Indian pharmaceutical industry has assumed importance during the time of the pandemic. Historically, the absence of an intellectual property rights (IPR) regime in India helped reverse-engineer products, leading to an exponential growth of the industry. This, however, disincentivised foreign direct investment (FDI) needed for innovation. The ratification of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement in 1995 increased the confidence of foreign investors, allowing FDI inflow into the sector. However, we argue that the mere adoption of TRIPS is not sufficient for FDI and that its enforcement along with other institutional factors such as corruption and political stability play a crucial role. We also take into account competition for FDI among similarly placed nations, in this case from China. Methodologically, we construct a pharmaceutical patent index that measures the legal framework of IP protection specifically for the sector. An ARDL model using data from 1990 to 2019 shows that while the introduction of IPRs helped the inflow of FDI, the enforcement of these rights, as measured by the strengthening of the patent index, has led to a decrease in FDI. Interestingly, our results also show that India's own core competencies such as improving political stability while reducing corruption and trade barriers were the most dominant determinants. Through developing a concise sector-specific patent index and taking into account institutional determinants, FDI inflow is analysed in a manner not studied otherwise.