Journal of World Intellectual Property最新文献

Standard-essential patents (SEPs) are patents that are deemed essential to a specific technology standard, such as those used in wireless communication technologies. With the increased use of artificial intelligence (AI) and machine learning in a variety of applications, there is a greater demand for SEPs in the field of AI-based apps. However, licencing SEPs can be a complicated process, and there is no agreement on best practises for SEP licencing in AI-based apps. The adoption of a multifactor approach for determining FRAND royalty rates, the use of ex ante licencing to prevent patent hold-up, and the establishment of specialized dispute resolution mechanisms for SEP disputes are some of the proposed best practices for SEP licencing in AI-based apps. As potential solutions to the challenges associated with determining FRAND royalty rates in AI-based apps, this study proposed alternative royalty schemes, such as the use of a per-unit royalty rate or a revenue-sharing scheme.

Believing that space pharmaceuticals might be the key to winning the battle against COVID-19, global pharmaceutical companies such as AstraZeneca and Sanofi Pasteur are currently collaborating with the International Space Station National Laboratory (ISS-NL) on research projects aiming to develop vaccine-and-immunotherapy products. The present legal regime for outer space, however, does not provide clear guidelines on safeguarding intellectual property rights (IPRs), due to the difficulties of reconciling the territorial nature of patent law and the nonterritorial nature of space law. Responding to such a legal gap, this research paper argues how pharmaceutical companies can protect such medical innovations by taking into consideration the international principles of space law addressing IPRs and extraterrestrial jurisdiction, as well as the legal regime of the ISS-NL. With the exception of the possibility of the barriers between the two areas of law not being insurmountable, the proposed COVID-19 TRIPS Waiver furthermore impacts space pharmaceuticals' IPRs and commercialization, which leads to the identification of some advantageous forms of agreements, including the Joint Endeavor Agreement, the Space Act Agreement, as well as the Cooperative Research and Development Agreement, for pharmaceutical companies defined as agreement partners with the National Aeronautics and Space Administration.

Patent protection emerged as one of the most challenging barriers to the access to medicines, medical equipment, and vaccines as well for the treatment and containment of Covid-19 when it became a pandemic. The severe scarcity of vaccines and pharmaceutical products were weakening the fight against Covid-19, and endeavor to contain the recurrence of pandemic waves while mutation of the SARS-CoV-2 was also on the full swing. Therefore, India and South Africa jointly proposed for patent waiver at WTO in October 2020 to effectively deal with the short-supply of medicines, medical equipment, vaccines and high price concern related to these products. After 20 months of consultation and negotiations with major stakeholders, the WTO came up with decision on patent waiver in 12th Ministerial Conference (12th MC). The time taken to reach to the decision in the pandemic situation and the narrow scope of the decision is a serious concern for the entire world to deal effectively with Covid-19 and its variants. This paper attempts to analyse the patent waiver in the context of the agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). It discusses patent barriers, alternative measures and needs for equitable access to vaccines and pharmaceuticals amidst the pandemic. Paper applies the qualitative methodology of research mainly content analysis method in the framework of contextualisation, decontextualisation, and recontextualisation. Results show that suspending certain provisions of the TRIPS required for the production of vaccines and medicines would prove a crucial tool for economies to return to its pre-Covid-19 era. Paper concludes that, patent waiver can be one of the most important tool to fight the Covid-19 (as WHO has not yet declared the end of pandemic) and will pave the way to deal with any such unknown future pandemic effectively.

While civil litigation (CL) was expected to play a major role in resolving patent infringement disputes, administrative adjudication (AA) has become the preferred channel for patentees to protect their rights in China since 2015. The number of AA cases significantly increased during the study period of 2010–2021. Our research finds that AA does not particularly favor patentees. By comparing the rules of CL and AA, we also find that low cost and high efficiency are the two major advantages of AA. Besides these traits, the motivations for patentees to initiate AA are the lack of risks in AA procedure and its valuable outcomes. Understanding the real motivation for the application of AA could be a reference for improving the patent infringement dispute system.

Many of the geographical indications (GI) in developing countries are intellectual creations with incredible uniqueness generated by traditional communities and local people. These products are linked to the culture of that community and hence can be considered as traditional cultural expressions (TCE). Dev gangjee and Steven Van Uytsel and argued that TCE can be protected under the law of GI. Moreover, there are many similarities between GI and TCEs. These two forms share some unique characteristics that other intellectual property systems are not indulged in as well as not in concern with of many nations. Handicrafts, textile products, pottery works, jewellery works are some prime examples of TCEs protected under the law of GI in India and Indonesia. This article intends to validate the compatibility of GI laws in providing space for TCEs and give some suggestions for enhanced compatibility. Case study approach has been used as methodology and that the study presumes that the present GI laws in India and Indonesia are not capable of adequately protecting TCE.

The paper examines the newly enacted Plant Variety Act in Nigeria in relation to the obligations of Nigeria to protect plant varieties. The paper views these obligations from different perspectives in the protection of diverse interest related to plant varieties. The paper finds that the Act offers an unbalanced protection of right which strongly protects the intellectual property rights of breeders without recourse to the other interest obligated to be protected by several international agreement which Nigeria is a signatory to especially farmers', communities and biodiversity interests. The paper advocates for an amendment of the Act to ensure a balanced and compliant legal framework for the protection of plant varieties in Nigeria.

Intellectual property pervades all aspects of life. Sustaining intellectual creations is often debatable. The abounding atmosphere of progress and development encompasses other industries as well. Tourism is a major economic driver that promotes social and cultural exchange while directly and indirectly employing millions of people. Destination branding is promoted by tourism. After the 2010 Eyjafjallajökul eruption, Iceland's reputation as a safe tourist destination plummeted. Iceland's government promoted the “Inspired by Iceland” brand to attract tourists. The brand is a symbol, mark, logo, name, word, or sentence used to distinguish one product from another. The paper examines the relationship between intellectual property rights (IPR) and tourism. Geographical indications (GI) have a huge impact on regional tourism. The GI manufacturing process and cultivation tend to attract tourists. Travelers often want to sample regional foods, flavors, aromas, and beverages and buy them directly from consumers, resulting in a tourist influx. The capitalist notion of destination branding is abandoned as the IPR-based tourism sector is revived. It also promotes the best way to develop the tourism industry while protecting IPRs. The link is also heavily emphasized to promote tourism. Regional development and eco-tourism policies should be promoted. The tourism industry benefits greatly from protecting indigenous communities and their traditional knowledge.

Cambodia is expected to graduate from least developed country (LDC) status in the near future, at which time it will be required to make patents available for pharmaceutical products and processes to meet its obligations under the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). Given its impending transition from LDC status, there is a need to balance Cambodia's intellectual property (IP) policies and regulations with public health priorities to ensure access to affordable life-saving medicines. This will be critical to achieving universal health coverage, one of the United Nations' Sustainable Development Goals. This paper examines Cambodia's IP laws and regulations to identify provisions which could reduce access to affordable generic medicines when it starts to grant patents for pharmaceuticals. It systematically compares Cambodia's IP laws and regulations applicable to patents with those of Thailand and India—two developing countries which have had some successes in preserving access to medicines despite the introduction of pharmaceutical patents. It identifies lessons for Cambodia from the experiences of Thailand and India in implementing TRIPS and using TRIPS flexibilities such as compulsory licensing to ensure access to a sustainable supply of affordable generic medicines. India's experience of implementing TRIPS offers a practical and valuable lesson in applying TRIPS for the greatest public benefit. Thailand, although it has not utilised TRIPS flexibilities as extensively as India, also offers valuable lessons in adapting and interpreting IP law to ensure sustainable access to generic medicines, especially in relation to compulsory licencing. Key recommendations for reform for Cambodia include strengthening the use of preventive and remedial TRIPS flexibilities and removing criminal sanctions for patent infringements. Cambodia should reject any TRIPS-plus provisions in its patent legislation, avoid membership of bilateral or plurilateral trade agreements that include TRIPS-plus provisions and avoid signing patent treaties and agreements designed to facilitate the granting of patents.

The International Intellectual Property Rights (IPR) regime currently endeavours to protect complex subject matters ranging from art and fashion to software. This paper will specifically examine the key international instruments (issued by the World Intellectual Property Organization [WIPO] and those applicable in the European Union) governing the apparel industry. To that end, it will analyse the different instruments governing the sector and will also highlight in brief the various initiatives undertaken by the WIPO towards facilitating and harmonising the process of protecting the different facets of the fashion sector. Further, we will look at the current statistics available on the different databases and will gauge how the sector has fared. Over the course of the paper, the authors will highlight the gap in the protection granted to garments or cloth weaving techniques belonging to indigenous communities (such fashion articles fall under the broad domain of the traditional cultural expression of a community) ranging from handlooms and handicrafts to unique textile and design prints, motifs, symbols, accessories, and so on, as compared to international fashion corporations. The existing gaps would be analysed in the current international IPR regime which makes it challenging to apply the current norms and standards of IP to elements of traditional and cultural clothing of indigenous communities. It will locate a few examples of communities utilising IPR to protect and promote their cultural heritage in the garment industry. Continuing on this tangent, the paper will look at how the IP regime can be adequately expanded to incorporate the needs and interests of indigenous communities and promote their fashion and culture. The final part of the paper will be conclusive in nature.