IPR Laws

Il presente studio fornisce un'analisi completa delle profonde sfide poste dall'intelligenza artificiale (IA) generativa al quadro internazionale del diritto d'autore. Vengono esaminati i due dilemmi giuridici centrali: la tutelabilità delle immagini generate dall'IA (il "problema dell'output") e la liceità dell'uso di opere protette da copyright per l'addestramento dei modelli di IA (il "problema dell'input"). Attraverso una metodologia giuridica comparata, lo studio analizza gli approcci divergenti che stanno emergendo in giurisdizioni chiave, tra cui gli Stati Uniti, l'Unione Europea (con un focus dettagliato sull'Italia), il Regno Unito, la Cina e il Giappone. L'analisi rivela un panorama globale frammentato, sospeso tra l'imperativo di proteggere la creatività umana e la spinta a promuovere l'innovazione tecnologica. Si conclude che, mentre i principi giuridici esistenti sono messi a dura prova, la mancanza di un consenso internazionale rende necessaria una rivalutazione dei concetti di paternità, originalità e fair dealing nell'era digitale, indicando un futuro di modelli di licenza ibridi e quadri legislativi in evoluzione.

Il recente caso di Stephen Thaler rappresenta una delle questioni più controverse nell’intersezione tra intelligenza artificiale (IA) e diritto della proprietà intellettuale.

La battaglia legale portata avanti da Thaler ha riacceso il dibattito su un interrogativo fondamentale: un'opera creata autonomamente da un’intelligenza artificiale può essere protetta dai diritti d’autore?

E, in caso affermativo, chi ne detiene la proprietà?

L'intelligenza artificiale può essere creativa in vari modi, anche se il concetto di "creatività" nell'IA è diverso da quello umano. La creatività dell'IA è spesso basata sulla sua capacità di generare nuove idee, soluzioni o opere che non sono semplici rielaborazioni di ciò che ha appreso, ma che mostrano originalità e innovazione. Definire creativa l'Intelligenza Artificiale non è semplice ma l'analisi della tecnica sulla quale essa si fonda può essere determinante.

The Supreme Court of India (the Supreme Court) not only declares law while answering the question(s) before it but also declares, and makes and unmakes law. The question(s) of law or fact, or mixed question of law and fact, answered by the Supreme Court becomes binding by virtue of Article 141 of the Constitution of India. By answering such questions, the Court also irons out the creases of law by interpreting-constructing the statutory texts. This article covers the reportable intellectual property (IP) decisions of the Supreme Court delivered in the year 2023. The reportable decisions of the Supreme Court have been taken from Judgement Information System (JUDIS) and Supreme Court Cases.

On October 16, 2014, a new draft of the intellectual property chapter of the TransPacific Partnership (TPP) was leaked. The intellectual property chapter released in October contains a plant-related intellectual property provision proposed by the United States and Japan that could pose a serious threat to food security within the lower-income parties to the TPP. Intellectual property rights (IPRs) on plants endow plant breeders and seed manufacturers with varying degrees of control over the propagating materials (seeds, tissue cultures, cuttings) and sometimes harvested materials (fruits, foliage, flowers) of any new plant variety they create. The newly released chapter reveals that the TPP will require signatories to make patents on plants or plant-related inventions available as well as accede to the 1991 version of the International Convention for the Protection of New Varieties of Plants (1991 UPOV). Currently, most nations, including the majority of parties negotiating the TPP,...

Ochrona prawna tradycyjnej wiedzy rolniczej dotyczącej zasobów genetycznych SuMMAry traditional knowledge, including genetic resources of living organisms, especially plants, plays an extremely important role also in the development of modern science and present-day industry. this prompts us to consider the need, scope, and model of legal protection for such knowledge, both for the needs of the communities that create and cultivate it and for the wider public good. The present article includes an analysis of international legal regulations concerning the protection of traditional knowledge, with particular emphasis on the knowledge related to genetic resources, as well as legal works in this field. the considerations cover issues related to the development of the conceptual framework of such legal norms and the foundations of the legal protection of traditional knowledge, in particular the arguments concerning the need for such protection. the article also presents the basic types of intellectual property rights that can be the basis for legal protection of traditional knowledge.

Biometric data are typically used for the purposes of unique identification of a person. However, recent research suggests that biometric data gathered for the purpose of identification can be analysed for extraction of additional information. This augments indicative value of biometric data. This paper illustrates the range of augmented indicative values of the data as well as identifies crucial factors that contribute to increased vulnerability of data subjects.

The study compares 365 papers published in special issues with 545 papers published in regular issues of the DESIDOC Journal of Library and Information Technology (DJLIT) during 1992-2019 in terms of their geographical distribution, prolific institutions and authors and the impact of their output as well as the citation pattern of papers. The findings showed that 40% papers were published in special issues and the highest number (27%) of articles was published during 2008-2011. Like regular issues, Indian authors also published the highest number of articles in special issues. Also, authors affiliated to different institutions of Delhi contributed the most number of articles like regular issues. Among the institutions, CSIR-NISTADS followed by DRDO-DESIDOC topped the list of prolific institutions unlike the regular issues, where DRDO-DESIDOC topped the list. Like number of papers in regular issues, B.M. Gupta had the highest number of papers to his credit in special issues. However, the highest value of citation per paper (CPP) was for B.S. Kademani (BARC) who was not listed among the highly cited authors in regular issues. The value of CPP for papers published in special and regular issues was almost equal. However, proportion of uncited papers for regular issues was double of the uncited papers in special issues.

When God created the framework of the earth with all its appurtenances, he gave man the freedom to re-design its contents as preferred. The world as it looks today is therefore the result of man’s recreation prowess. But while some bury themselves in the genuine labour of making the world a better place for mankind and the generation to come, some in lazy manners always lurk around the corner, waiting to reap where they did not sow by stealing the glory of another man’s work. The resultant solution to this is the emergence of copyright ownership rights and intellectual protection laws. The primary function of copyright law and the law of intellectual property is therefore to protect the fruits of a person’s work from annexation by another. This paper traced the origin of intellectual property and copyright, its development and the existing legal protection for intellectual property and copyright ownership in Nigeria vis-a-vis the various challenges still defying legal protection of ...

Our everyday use of electronic devices and search for various contents online provides valuable insights into our functioning and preferences. Companies usually extract and analyze this data in order to predict our future behavior and to tailor their marketing accordingly. In terms of the General Data Protection Regulation such practice is called profiling and is subject to specific rules. However, the behavior analysis can be used also for unique identification or verification of identity of a person. Therefore, this paper claims that under certain conditions data about online behavior of an individual fall into the category of biometric data within the meaning defined by the GDPR. Moreover, this paper claims that profiling of a person can not only be done upon existing biometric data as biometric profiling but it can also lead to creation of new biometric data by constituting a new biometric template. This claim is based both on legal interpretation of the concepts of biometric da...

For over 10'000 years, peasants have freely saved, selected, exchanged and sold seeds, as well as used and reused them to produce food. Today, these customary practices remain essential to peasants' right to food, as well as to global food security and biodiversity. However, since the mid-1990s, the promotion of commercial seed systems and the strengthening of intellectual property (IP) over plant varieties and plant biotechnology at the World Trade Organization (WTO) and the International Union for the Protection of New Varieties of Plants (UPOV) have seriously undermined these customary practices and, consequently, peasant seed systems and agrobiodiversity. • To respond to these challenges, the United Nations (UN) adopted in 2018 the UN Declaration on the Rights of Peasants and Other People Working in Rural Areas (UNDROP). The UN Declaration enshrines peasants' right to seeds in international human rights law. According to UNDROP, states shall "elaborate, interpret and apply relevant international agreements and standards to which they are party, in a manner consistent with their human rights obligations as they apply to peasants" (Art. 2.4). States shall also "support peasant seed systems, and promote the use of peasant seeds and agrobiodiversity" (Art. 19.6). And they shall "ensure that seed policies, plant variety protection and other intellectual property laws, certification schemes and seed marketing laws respect and take into account the rights, needs and realities of peasants" (Art. 19.8). • The implementation of UNDROP represents a unique opportunity to redress the imbalance between, on the one hand, the lack of support for peasant seed systems worldwide, including in Africa; and, on the other, the massive support for commercial seed systems. This is essential for the protection of the lives and livelihoods of hundreds of millions of peasants. It is also in the interest of all, to ensure the rights to food and food sovereignty, preserve crop biodiversity, and tackle climate change. • In 2018, the great majority of African countries voted in favour of adopting UNDROP, which is based on binding international human rights treaties. In accordance with the need to apply international instruments adopted by the UN General Assembly in good faith, and to give priority to human rights norms in international and national laws, reflected in UNDROP Articles 2.4, 15.5 and 19.8, the African Union (AU) and African states shall ensure that their regional and national laws and policies, as well as the international agreements to which they are party, do not lead to the violation but, on the contrary, to a better protection of the rights of peasants, including their right to seeds.

Indonesia must resist EU's trade talk demands that undermine farmers' rights High and dry: A farmer dries out his crop in his flood-hit rice field in Bubon district, West Aceh, Aceh on May 7, 2023. The natural disaster affected hundreds of rice fields, putting local farmers at risk of crop failure.

The institutional arrangement for International agriculture trade and trans-boundary access to Indian biodiversity and genetic resources is broadly supportive of both development and sustainability. However, some researchers have questioned the effectiveness of such implementation. The country with regard to sustainable development is committed to enhance farm productivity, better connect to markets, and make farmers less vulnerable to environmental vagaries through enhanced safeguards such as renewed agricultural insurance schemes. Global inter-dependence on genetic resources for food and agriculture will continue to hold the key to achieve the SDGs by 2030. The Section 3 exemptions from patentability under the Indian Patent Law affect R&D in agriculture sector as much as in the pharmaceutical sector but protection of new transgenic varieties and essentially derived varieties is a viable option for promoting exclusive seed business. Innovators in plant biotechnology will have the o...

A rapid shifting perceived from traditional content to digital media due to increasing advantages in every step of the information life cycle: create, collect, organize, store, access, deliver & use. Along with the advantages, digital content transactions are more likely prone to effects through IPR issues. Copyright and intellectual property rights (IPR) have been established and extended over hundreds of years, but implementing the same in the digital environment faces huge challenges. This article started by introducing digital rights & digital rights management (DRM), its architectural framework & techniques, and associated IPR issues. The perception of the LIS community about the role & responsibility of users & library professionals to solve these problems are the main focus of the latter part. A short survey is conducted using Google form questionnaire (N=238) and targeted all four categories, namely, LIS students (100 or 40%), LIS research scholars (25 or 10%), LIS faculties (18 or 85) & Library professionals (95 or 32%); to get the perception of the LIS community. The targeted experimental documents are categories of digital contents by their origin (i.e. Born, Turn & Gain digital documents). The geographical scope of the study extends beyond India to include some international viewpoints as well. In responses, no of the female respondent (131 or 55%) is slightly higher than male respondents (107 or 45%), while the majority of responses came from the Punjab state (42 or 19.72%). The survey findings suggested that Online materials (113 or 50.90%) Turn digital documents (168 or 75.68%) are more likely prone to IPR issues. Among users' responsibilities, "Use of proper acknowledgement, referencing & citation" is the most preferred one (221 or 99.55%) and "Arrange orientation & outreach programme regarding IPR issues" is indicated as the major responsibility (212 or 95.50%) of the library professionals.

This article discusses the right to seeds and legal mobilization for the protection of peasant seed systems in Mali. It centres on the ongoing ‘Seed, Norms and Peasants’ process (‘Semences, Normes et Paysans’, SNP), the goal of which is to achieve the recognition of peasant seed systems in the law. Through the lens of human rights practice, the article explores how peasant organizations and allied NGOs have: a) converged around a shared political agenda despite initial disagreement on the role of certified seeds; b) framed the right to seeds as a collective right, grounded in customary regimes for the governance of land and natural resources; and c) engaged in dialogue with the state to push for legal reform. It further discusses processes of legal transfers and seed aid that have ushered the development of a commercial seed sector in Mali and locates peasant seed systems within the political economy of seeds in the country.

The expansion of social media, artificial intelligence, and the Internet of Things has led to many challenges and risks for biometric data protection such as the unauthorized use or treatment of such data. The needs to protect biometric data and comply with the most important regulations have become paramount for information security, especially with the incorporation of new technologies based in biometric data into most of aspects of our daily life. Currently, data protection in Jordan is governed by several constitutional provisions and some sectoral laws, which have more recently been complemented by the new Data Privacy and Protection Bill, 2020, Draft Law. This study focuses on the future of biometrics data protection in Jordan and considers the compliance of new legislation with the General Data Protection Regulation (GDPR). This compliance is encouraged because of the universal nature of GDPR, by analyzing the ability of the new Jordanian data protection Draft Law to incorpor...

This study aims to understand the underlying considerations of the tax court decisions on PT A and PT B related to identifying the existence and validity of royalty payments for technology (know-how) and trademarks, to assess the conformity of those decisions to the arm's length principle in the Organization for Economic Cooperation and Development (OECD) Transfer Pricing Guidelines, and to determine whether the distribution company could treat royalty payments for technology (know-how) and trademarks as deductible expenses. This research used a qualitative approach with a descriptive research type. The results of this study concluded that the differences in the tax court's decision on PT A and PT B, related to royalty payments for technology (know-how) and trademarks is due to (1) the results of identifying the existence and validity of royalty payments through examining legal agreements, (2) proof of the substance and economic benefits of utilizing intangible property, and (3) proof that there is no double taxation imposed on the payment of compensation for utilizing intangible property. The implementation procedures for the arm's length principle were also made in accordance with the OECD Transfer Pricing Guidelines in order to resolve transfer-pricing disputes.

The study introduces the right to Geographical Indications (GIs) as emerging theme in the law, to which lot of legislations have paid attention for its positive impact on the fair competition, protection of consumer, stimulation of the economy and development of societies. It shows the GIs identity that made it separate and distinct from other rights, and also sought to indicate the ways and scope of the protection as well as the conditions of indications for the protection mainly under the Jordanian law. Several other laws also have been treated such as the French law, the EC laws and some Arab laws. The legal framework for the protection of GIs varies dramatically from one country to another whether in terms of definition, procedures, scope and means of protection have been compared and emerged that the protection in Jordan and France was based on the rules of trademarks. Then they resorted to approve special legal rules for the GIs as a separate and stand-alone legal system. Howe...

The purpose of the present study is to know the level of awareness of Intellectual Property Rights (IPRs) including Digital Rights in an electronic environment. The study has been carried out among Library Professionals and Research Scholars in the faculty of social sciences of Aligarh Muslim University. It explores the development and emerging trends of IPR and Digital Rights Management (DRM) as well as its awareness and use among Library Professionals Working in Maulana Azad Library and Research scholars in the Faculty of Social Sciences of Aligarh Muslim University. The findings of the survey revealed that all the Library Professionals and Research Scholars are aware about Intellectual Property Rights (IPRs) well as only 67.5% library professionals and 54.54% research scholars are aware about Digital Rights Management (DRM) in the faculty of social science. The study suggests different orientation programs for Library professionals and Research Scholars to make them aware about t...

Agrobiodiversity conservation is vital for food security, maintaining ecological balance, and preserving socio-cultural norms. There is substantial evidence to support that agrobiodiversity hotspots coincide with localized, small-scale peasant food systems. Preserving such food systems is necessary for protecting agrobiodiversity. The current legal framework over agrobiodiversity is fragmented and inadequate. A major portion of this framework is situated within intellectual property law and farmers’ rights law, neither of which are designed to foster sustainable management of agrobiodiversity. In this context, the 2018 Peasants’ Rights Declaration has the potential to fill the gaps in the existing framework. The paper critically analyses the Declaration by exploring some of its legal innovations in improving agrobiodiversity conservation. While some of these innovations are commendable, they are unlikely to be adopted by states owing to their radical nature. Their adoption would req...

The ubiquitous nature of information which necessitates increased generation, creation, adaptation, use, preservation and dissemination has demanded new ways of protection of information. With the advent of Information Communications Technology (ICT) and its use, copyright laws have now become central point and one of the dynamic and fasting areas of law. However, copyright laws require the involvement of library and information professionals to be fully enforced. Copyright law is an aspect of Intellectual Property Right (IPR) where IPR is the key to technological innovations in emerging knowledge-based economy. The need to create awareness among the creators, users, and providers of information and knowledge about copyright law in the digital environment is paramount due to the widespread right violation in Nigeria. This paper offers insights into the legalities and need for amendment of copyright law in Nigeria which protects the interest of copyright holders and society's right to information contents in digital environment. To achieve this, the paper emphasises the importance of copyright law in digital environment. It addresses the copyright exemptions and limitations for information users as well as the roles of library and information professionals in imparting copyright literacy.

The expansion of social media, artificial intelligence, and the Internet of Things has led to many challenges and risks for biometric data protection such as the unauthorized use or treatment of such data. The needs to protect biometric data and comply with the most important regulations have become paramount for information security, especially with the incorporation of new technologies based in biometric data into most of aspects of our daily life. Currently, data protection in Jordan is governed by several constitutional provisions and some sectoral laws, which have more recently been complemented by the new Data Privacy and Protection Bill, 2020, Draft Law. This study focuses on the future of biometrics data protection in Jordan and considers the compliance of new legislation with the General Data Protection Regulation (GDPR). This compliance is encouraged because of the universal nature of GDPR, by analyzing the ability of the new Jordanian data protection Draft Law to incorpor...

In today's global marketplace products and services are exchanged internationally not only by large companies wielding a large portfolio of internationally protected trademarks but also by small enterprises and even individuals who have neither the resources nor an interest in the building of such a portfolio. Since they are nonetheless economic agents using either their own or others' trade indicators to indicate the origin and quality of the products and services they provide or simply to advertise them, the present paper addresses some of the issues arising out of that use which is akin to trademark use in what regards said products and services. Special attention is paid to the change in purpose of the trade indicators when used as trademarks and the effects said change causes in the legal protection conferred to those trade indicators. Moreover the possible conflicts between such rights are shortly analyzed and the means for resolution of such conflicts briefly reviewed...

The study introduces the right to Geographical Indications (GIs) as emerging theme in the law, to which lot of legislations have paid attention for its positive impact on the fair competition, protection of consumer, stimulation of the economy and development of societies. It shows the GIs identity that made it separate and distinct from other rights, and also sought to indicate the ways and scope of the protection as well as the conditions of indications for the protection mainly under the Jordanian law. Several other laws also have been treated such as the French law, the EC laws and some Arab laws. The legal framework for the protection of GIs varies dramatically from one country to another whether in terms of definition, procedures, scope and means of protection have been compared and emerged that the protection in Jordan and France was based on the rules of trademarks. Then they resorted to approve special legal rules for the GIs as a separate and stand-alone legal system. Howe...

A rapid shifting perceived from traditional content to digital media due to increasing advantages in every step of the information life cycle: create, collect, organize, store, access, deliver & use. Along with the advantages, digital content transactions are more likely prone to effects through IPR issues. Copyright and intellectual property rights (IPR) have been established and extended over hundreds of years, but implementing the same in the digital environment faces huge challenges. This article started by introducing digital rights & digital rights management (DRM), its architectural framework & techniques, and associated IPR issues. The perception of the LIS community about the role & responsibility of users & library professionals to solve these problems are the main focus of the latter part. A short survey is conducted using Google form questionnaire (N=238) and targeted all four categories, namely, LIS students (100 or 40%), LIS research scholars (25 or 10%), LIS faculties (18 or 85) & Library professionals (95 or 32%); to get the perception of the LIS community. The targeted experimental documents are categories of digital contents by their origin (i.e. Born, Turn & Gain digital documents). The geographical scope of the study extends beyond India to include some international viewpoints as well. In responses, no of the female respondent (131 or 55%) is slightly higher than male respondents (107 or 45%), while the majority of responses came from the Punjab state (42 or 19.72%). The survey findings suggested that Online materials (113 or 50.90%) Turn digital documents (168 or 75.68%) are more likely prone to IPR issues. Among users’ responsibilities, “Use of proper acknowledgement, referencing & citation” is the most preferred one (221 or 99.55%) and “Arrange orientation & outreach programme regarding IPR issues” is indicated as the major responsibility (212 or 95.50%) of the library professionals.

The study introduces the right to Geographical Indications (GIs) as emerging theme in the law, to which lot of legislations have paid attention for its positive impact on the fair competition, protection of consumer, stimulation of the economy and development of societies. It shows the GIs identity that made it separate and distinct from other rights, and also sought to indicate the ways and scope of the protection as well as the conditions of indications for the protection mainly under the Jordanian law. Several other laws also have been treated such as the French law, the EC laws and some Arab laws. The legal framework for the protection of GIs varies dramatically from one country to another whether in terms of definition, procedures, scope and means of protection have been compared and emerged that the protection in Jordan and France was based on the rules of trademarks. Then they resorted to approve special legal rules for the GIs as a separate and stand-alone legal system. However, there are two levels of protection in France: the protection of the simple level enjoyed by all GIs and the enhanced protection which the GIs have for certain products. The effective protection of GIs gives added value to the economy of nations and, the application of GIs laws requires cooperation between producers, owners of indications and relevant institutions. It is preferred to resort to the idea of registration of GIs in a special record to facilitate the making of legal protection measures. Also, the protection of the GIs shall be available through a special law as one of the intellectual property issues.

The expansion of social media, artificial intelligence, and the Internet of Things has led to many challenges and risks for biometric data protection such as the unauthorized use or treatment of such data. The needs to protect biometric data and comply with the most important regulations have become paramount for information security, especially with the incorporation of new technologies based in biometric data into most of aspects of our daily life. Currently, data protection in Jordan is governed by several constitutional provisions and some sectoral laws, which have more recently been complemented by the new Data Privacy and Protection Bill, 2020, Draft Law. This study focuses on the future of biometrics data protection in Jordan and considers the compliance of new legislation with the General Data Protection Regulation (GDPR). This compliance is encouraged because of the universal nature of GDPR, by analyzing the ability of the new Jordanian data protection Draft Law to incorporate specific data protection principles. The novelty of this paper comes from the fact that little work has been done on best practices for biometric data privacy in Jordan, also, given the vital importance of judging and perfecting data privacy policies, especially in Jordan around this issue, this study provides insight on how Jordan might best perfect its Draft Law to protect human rights. It is certainly of interest to the fields of law and ethics. The author used content analysis to analyze relevant legislation and literature, we found that Jordan lacks a comprehensive legal framework for biometric data. Little information is available about how to best protect biometrics data, the nature of the system to which it is subject, and the extent of biometrics data protection. Accordingly, the Draft Law will require significant amendments before it can accommodate the level of legislation currently required.

This Paper seeks to examine the theoretical underpinnings, as discovered or constructed by the Supreme Court of India in the last 70 years, as to "why" of two distinct copyrights envisaged by The Copyright Act, 1957 and The Designs Act, 2000. An analysis of the decisions of the Supreme Court reveals that: (i) in none of the cases validity of either of two copyrights was challenged; (ii) both Labour and Utilitarian Theories, and not any other theory, have been simultaneously used to justify "why" of two distinct copyrights; (iii) inherent differences between these theoretical frameworks have been neglected; (iv) deployment of these two theories appear to be more mechanical than reasoned for logic of tangible subject matter has been unhesitatingly extended to intangible subject matter of two copyrights; and (v) judicial ratiocination does not transcend Labour-Utilitarian Framework except in one judicial opinion which highlights the Un-Indian features of Copyright Law but exercises judicial restraints to invoke it. It has been argued that once these theories were invoked, it had been expected that the Court would apply judicial standards to rigorously scrutinize theoretical underpinning of two copyrights from all possible angles. Decisions of the Supreme Court nonetheless provide an insight into theoretical underpinnings of two copyrights.

The profitability of the French agricultural sector has fallen over the last two decades, leading to the suggestion of a “rupture in technical progress”. Additionally, the intellectual property regime in force has contributed to the erosion of the cultivated biodiversity, limiting plant resiliency to climate change and other hazards. In the face of these challenges, agroecological farming practices are a viable alternative. This paper investigates the positive and negative aspects associated with the development of alternative seed procurement networks in France. The findings indicate that peasant seed networks can effectively contribute to overcoming many of the structural blockages with which French agriculture is confronted, but that yield concerns; higher information and supervisory costs, as well as the unfavourable legislative context, constitute key challenges to their development. However, these could be partially or totally eliminated if adequate policies are implemented. I...

The problem addressed in the essay concerns, at first, the possibility of recognizing a form of protection for works produced autonomously by artificial intelligence and, consequently, the most appropriate tool for the purpose.
After having identified the ambit of the «computational creative works» case and verified the possibility of configuring works created independently by an AI based on the degree of human intervention, we move on to sifting, passing through international, communitarian and national regulations, the different theses proposed so far by scholars and courts.
Both the thesis of the fall into the public domain and the one that wants the attribution of copyright to the producer, user or «trainer» of the AI system that gave birth to intellectual creation have been critically examined. Albeit with some doubts, it has been acknowledged of the necessity of the «personal» and «creative» (or original) contribution required, in particular, at the communitarian level, in order to move on to observe how, in reality, the most appropriate protection instrument, de jure condito, are the related rights.
In fact, the system of related rights, as it has eventually changed with the introduction, in particular, of the rights attributed to the organizers of sporting events, has appeared to be the most appropriate technique to protect and encourage investments of the computational enterprise in artificial intelligence systems.

Intellectual Property Right (IPRs) is assuming increasing importance in recent times. This is attributed to industrialisation and developments in modern technologies in media. This positive contribution also has its attendant challenges in terms of easy infringement of such rights in terms of piracy and counterfeiting. The effect is that it deprives the owners of such work the benefits derivable from their labour, time and expense. Globally there has been a compelling effort towards the protection of IPRs. This paper substantially highlights the concept of intellectual property rights, it examines the legal and institutional framework for the enforcement of IPRs in Nigeria. It also explores the enforcement provisions in IP Bills under the legislative process in Nigeria. The paper discussed the challenges of enforcing intellectual property rights in Nigeria and also made a recommendation. The paper concluded that the various IP legislations may be obsolete, as they did not contemplate the new mode and style of infringement that has been overtaken by internet media. This calls for a review of the Laws and Bills as the provisions in the proposed Bills are not adequate.

Intellectual property rights are the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time. We know that rights had by a person or by a company to have exclusive rights to use its own plans, ideas, or other intangible assets without the worry of competition, at least for a specific period of time. These rights can include copyrights, patents, trademarks, and trade secrets. These rights may be enforced by a court via a lawsuit. The reasoning for intellectual property is to encourage innovation without the fear that a competitor will steal the idea and / or take the credit for it.
In 1994, India signed the TRIPs Agreement, which obligated the country to dramatically strengthen its protection and enforcement of intellectual property rights (IPR). This paper uses panel data on Indian firms from 1989 to 2005 to ascertain whether the IPR reforms were successful in increasing innovation by firms in India. We characteriz-e industries according to their technological dependence on innovation, and find strong evidence that Indian firms in more innovation-intensive industries increased their R&D expenditure after TRIPs. The estimated within-firm increase in annual R&D spending after TRIPs is on average 20 percentage points higher in an industry with a one standard deviation higher value of innovation intensity. This differential growth estimate is robust to accounting for contemporaneous trade and industrial policies, and growth in R&D spending by foreign-owned firms. We also find that patenting by India in the U.S. increased after TRIPs, and to a greater extent in more innovation-intensive industries.
KEYWORDS: Intellectual Property, TRIPs, Contemporaneous

Intellectual Property (IP) is globally recognized as the driving force behind diverse economies. While IP transactions and cross-border investments are constantly advancing, one cannot fail to notice the dramatic worldwide influx of IP disputes. There is substantial ambiguity while deciding whether certain issues concerning IP can be considered by arbitral tribunals. Hence, declaring a conclusive statement about whether IP disputes should be adjudicated by the court or through arbitration is not always deemed as an easy attempt. IP arbitration has been gaining immense global recognition with the constant game of tug-of-war between rights in rem and rights in personam. Specialized IP arbitration can be considered by the disputants as an alternative to a court litigation when faced with multijurisdictional complications or while drafting related agreements. Nonetheless, the question of whether an International Commercial Arbitration (ICA) as an option, is indeed fit for the proposed purpose, must be acknowledged. The paper garners information from diverse sources with an attempt to explicate a comprehensive study on the arbitrability of IP disputes. The author attempts to ascertain a historical synchronicity between ICA and IPR, and the dire need for the application of commercial arbitration to decide matters of IP. Additionally, the paper draws a connection to the legal upshots of the COVID-19 global pandemic. The objective of this study is to subserve discussion and to highlight the most significant aspects of IP arbitration that need to be considered by parties to the dispute and their respective counsels.
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Athith Pradeep, "The Rising Indispensability for International Commercial Arbitration to resolve Intellectual Property Disputes", 3 NUALS I.P. L. Rev., 53 (Sept., 2021).

Products faking and adulteration is a global menace with origin mainly from Asia and destination largely in Europe and Latin America. While counterfeiting cut across all segments of production, perpetrators use both formal and non-formal channels of distribution to move their products into different countries. This article provides an overview of the sources, causes, volume, implications and control of product faking and adulteration. The paper employed general literature survey, complemented by interviews and personal observations to articulate global picture of product faking and adulteration. It uses deductive reasoning to derive the socioeconomic impacts of counterfeiting and the existing methods of controlling it. The paper recommends among other ways an integrated institutional approach to manage the challenges of product faking globally.

The research took place in order to address the situation of the Jordanian legislator, from adopted definition to well-known trade mark and scope of protection in (JTML), study concluded that the definition used violates the adopted standards for (TRIPS) and the Judicial decision made by Jordan Constitutional Court on April 29th of 2020. Meanwhile the scope of protection coincides with (TRIPS) standards. The study recommended said legislator to apply modification to (JTML) to meet with (TRIPS) standards. Abbreviations: Trade- Related Aspects of Intellectual Property Rights: (TRIPS) Jordan Trade Mark Law: (JTML)

US government named Ukraine the Pirate No.1 in the world because of the fail in copyright laws enforcement. Paradoxically, deficit of the rule of law in Ukraine during last decades played a positive role in catching-up with mass Internet access. But now Ukrainian business is no longer interested in free content supply for their customers and is seeking for new ways to sustain profitability. It is likely that consensus between the foreign copyright holders 'mafia' and local oligarchy business will be achieved in Ukraine and new anti-piracy law will pass the Parliament and come into force soon. As a result of that we will probably have not only dramatic decrease in the benefits of culture consumption among Ukrainian working class people, but also irreversible exclusion of the most scientific, intellectual and artist's communities from international context. Access to knowledge level is decreasing in Ukraine since the beginning of 1990s and is quite limited now, but rapid and mass retreat even from this fairly low level is possible. What is the best strategy to maintain access to knowledge under the new IPR legislation, and absence of both the rule of law and appropriate civil society institutions in contemporary Ukraine?

In the 21st century, a nation’s progress is catalyzed through its knowledge economy, which is driven by the creative capabilities and leverage of its innovation. Intellectual property law awards to inventors, artists, and institutions certain exclusive rights to produce, copy, distribute, and license goods and technologies within a country. Patents have played a key role in changing national and global innovation landscape.  The intellectual property rights (IPR) are intangible in nature and provides exclusive rights to inventor or creator for their valuable invention or creation. In present scenario of globalization, IPR is the focal point in global trade practices and livelihood across the world. These rights boost the innovative environment by giving recognition and economic benefits to creator or inventor whereas the lack of IPR awareness and its ineffective implementation may hamper the economic, technical and societal developments of nation. Hence dissemination of IPR knowledge and its appropriate implementation is utmost requirement for any nation. The present paper reviews and discusses National IPR Policy of India.

Artikel ini membahas pelaksanaan kewajiban Indonesia seiring dengan diratifikasinya TRIPS. Fokus pembahasan diarahkan untuk melihat perubahan dan penyesuaian hukum kekayaan intelektual Indonesia yang dilakukan Indonesia untuk memenuhi kewajibannya terutama sesuai yang digariskan TRIPS. Inti artikel adalah bahwa prosedur administrasi dan sipil di pengadilan, prosedur penetapan sementara oleh pengadilan, prosedur yang terkait dengan lintas batas wilayah dan prosedur kriminal ketika terjadi pelanggaran hak kekayaan intelektual telah dipenuhi Indonesia. Indonesia juga telah melakukan perubahan dan penyesuaian terhadap hampir semua ketentuan hukum yang diwajibkan TRIPS. Namun demikan, terdapat juga sejumlah kewajiban terutama terkait dengan regulasi yang terkait dengan kewajiban hak kekayaan intelektual yang belum dipenuhi.

Artikel ini membahas efektifitas penyelesaian sengketa di Organisasi Perdagangan Dunia. Sejumlah kalangan berpendapat bahwa  mekanisme penyelesiaan sengketa tersebut lebih menghasilkan putusan yang bersifat yudisial, sementara ada juga yang berpendapat bahwa penyelesaian sengketa tersebut lebih menghasilkan luaran yang bersifat politik. Elaborasi dilanjutkan dengan melihat efektifitas, keuntungan dan kelemahaman model penyelesaian sengketa tersebut yang kemudian menampilkan contoh  kasus dimana penyelesaian sengketa perdagangan internasional antara negara anggota WTO yang berhasil dan gagal.