Trends in Intellectual Property Research @iprtrends
Статьи журнала - Trends in Intellectual Property Research
Все статьи: 55
A Comparative Jurisdictional Study of The Registrability of Single-Color Marks
Статья научная
The trademark law has gradually shifted from conventional marks such as words, symbols, and logos to the non-conventional marks, notably color trademarks. Despite issues with its distinctiveness and registrability, color has become more significant as a mark of brand origin across jurisdictions. This study explores the development of color marks within the broader framework of intellectual property rights (IPRs), particularly in light of the TRIPS Agreement, which broadened the ambit of protectable signs. Through a comparative analysis of Indian law under the Trade Marks Act, 1999 and Rules, 2017, and international jurisprudence from the United States and the European Union, the research explores the conditions under which single colors and combinations of colors may acquire distinctiveness and qualify for legal protection. It traces key judicial decisions, including Qualitex in the U.S. and Libertel in the E.U., which underscored the requirement of acquired distinctiveness and precise color identification through international coding standards. While technology has made accurate representation of color marks more feasible, issues of limited color availability, consumer confusion, and potential barriers to fair competition continue to pose difficulties for their protection. Although legal regimes have increasingly recognized the relevance of non-conventional trademarks, particularly color marks, their registration remains a complex and nuanced area requiring careful balancing of proprietary rights with public interest and market competition.
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AI Copyright Infringement: Navigating the Legal Risks of AI-Generated Content
Статья научная
The accelerated growth of generative artificial intelligence (AI) tools that can generate text, images, music, code, and multimodal content has caused a legal and philosophical crisis in the field of copyright law. Current study explores two infringement issues, caused by AI-generated content namely the possibility of an infringement of the existing copyrighted works via the unauthorized need integration and processing of the secure material, and the possibility of the infringement of the individual AI output through reproduction, derivation, or significant imitation of the safeguarded expression. Doctrinal legal analysis, authoritative case law reviewed (2023-2025), the US fair use doctrine and EU text and data mining (TDM) exceptions and the AI Act, indicate that current copyright regimes are under a fundamental challenge by generative AI. The legality of the integration of training data, the use of substantial similarity tests on outputs, the controversial issue of originality when it comes to machine productions, assigning liability along the AI value chain, and the development of defense mechanisms and policy reactions are also discussed. This study describes consistent gaps in the dangers of memorization, the possibility to quantify the damage in the markets, and international harmonization. Although the current legal frameworks (especially the strong fair use scrutiny law in the US and opt-out law in the EU) can cover most of the infringement claims, clarity is still required to stabilize the situation and make sure that transformative innovation is not negated by the rights of creators.
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Access and Benefit Sharing in the Context of Genetic Resources in Digital Era
Статья научная
Traditionally, the access of genetic resources from a country in their physical form requires the fulfillment of many legal procedures like accessing permit, mutually agreed terms (MAT) or prior informed consent (PIC) from the country of origin of genetic resources. These legal procedures are mandatory in the “Convention on Biological Diversity” (CBD) and “Nagoya Protocol”, through its third objective of benefit sharing from the access. Further, these international obligations are implemented in India through the enactment of the “Biological Diversity Act” in 2002. According to this act, if a person or a company wants to access a genetic resource from a country, they must provide benefits to the concerned authority of biodiversity. However, increased use of genetic resources by multinational corporations has bypassed the third objective and invariably led to various misappropriation including biopiracy. There are several cases of biopiracy from all over the world as these companies are not complying with the international and national requirements and are also circumventing the obligations using technology. This research aims to analyze the working of the access and benefit sharing system in India and what are the challenges faced in the effective implementation of the relevant statutes.
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Anwar Ratol Mango GI Conflict between India and Pakistan
Статья научная
Mango (Mangifera indica L) is native to the Indian sub-continent , and is the national fruit of Pakistan and India. The Anwar Ratul or Anwar Rataul or Rataul (as spelled in India) or Anwar Ratol (as spelled in Pakistan) mango, a small, fibreless mango is renowned for its unmatched sweetness. The territorial map and horticulture regime of Indian sub-continent were mutated in 1947. At the time of the partitioning of British India into India and Pakistan, millions of individuals moved across the newly drawn border and along with them they carried seeds, cuttings and saplings of their motherlands. Rataul mango was one of such botanical migrants. India has granted it GI while Pakistan still did not since the Geographical Indications of Goods (Registration and Protection) Act, 1999 of India is bit mature than the Geographical Indications (Registration and Protection) Act of 2020 of Pakistan. There was no formal opposition to it by Pakistan, as there was in the Basmati rice GI, where Pakistan objected to the Indian GI application and sought its own protection in EU. The main question here is whether GI protection is historically oriented, or reputation and economic affiliation based. Current study explores the history of this GI dispute. The study highlights the fluidity of the germplasm across borders, emotional partition legacy and the use of the king of fruits to assert the national identity.
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Arbitration in Sports Trademark Disputes: From Athlete Branding to Event Merchandising
Статья научная
The sports industry is safeguarded by trademarks for branding, promotion, and broadcasting rights, which help sports develop more like a business rather than a recreational activity. Sports clubs and companies protect their brands and logos by trademarks for their income and competitive advantage. Ambush marketing confronts event organizers and official sponsors, leading to lawsuits and ethical problems. Trademark registration avoids unauthorized affiliations protecting the integrity of brands. With the evolution of digital marketing, regulations and enforcement are necessary to safeguard business interests and ensure the authenticity of sponsorship. In brand dilution, a trademark is not used appropriately, eroding its uniqueness and leading to financial losses. Arbitration is a favorite mode of settling complex trademark cases in the fast-changing international sports regime, providing confidentiality, industry-specific information, and enforceability across borders. This research explores the significance of arbitration in addressing several trademark issues associated with sports, such as image rights, sponsorship deals, and broadcasting and merchandising rights. It examines the pertinent case laws and arbitration precedents and the advantages and disadvantages of arbitration. The study also focuses on the digital innovations like esports, NFTs, and social media in arbitration. By situating the trademark arbitration in the wider themes of sports governance, commercial integrity, and protection of intellectual property, the research highlights fostering fair play and stable market dynamics.
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Статья научная
Organizations are increasingly utilizing AI-powered tools to design signs and build brand identities. Technologies such as text-based generators Copy.AI and WriteSonic, along with image-based tools like MidJourney, LogoJoy, and HatchFul, are transforming the way signs are created. Trademark as an intellectual property right (IPR) essentially enables business owners to use their marks as a signal to consumers. These rights become exercisable when a third party’s use affects the functions of the mark, particularly its essential function of guaranteeing the origin of goods, services, quality and serving as a commercial communication tool. As more businesses adopt AI to create signs, recommend or make purchases for consumers, and promote competing offers, the traditional functions of trademarks are increasingly being challenged. AI platforms leverage algorithms trained on extensive datasets including registered trademarks to generate new designs for signs, sometimes successfully imitating or even duplicating registered trademarks owned by others. More infringing signs can be generated at a rapid speed, and its challenging to trace accountable entity in this situation. AI platforms for logo and sign generation are built to reproduce logos and signs as its service and the users only instruct the AI through prompts and keywords that the machine can recognize because it already has the protected data inputted in it. Third party users do not even know in advance the exact design the platform will produce, as this relies on mechanical processing of data patterns. It is therefore challenging to attribute ownership of the generated output solely to the user who provides the prompt. It is important to re-evaluate the role of AI platforms and provide a clear guideline for what constitutes use and who will bear responsibility for such use. This research investigates the evolving definition of “use” under European trademark law and analyzes how legal liability for trademark infringements involving AI-generated content may be allocated; among the AI developer, the user, and the platform hosting the tool.
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CRISPR in Wheat: Patents, Breeding Advances, and Emerging Challenges
Статья научная
CRISPR and its derivatives, such as prime editing and base editing, have a significant potential for precision biology in plant breeding, particularly in wheat. This technology can help develop climate-resilient wheat varieties, improve stress tolerance, enhance nutrient use efficiency, and increase yield potential. However, the concentration of CRISPR patents in a few academic institutions and corporations in the Global North creates a "Genome Editing Divide," impacting innovation pathways, research incentives, economic power in the seed value chain, and global food sovereignty. This study explores the implications of this divide on wheat innovation systems in the Global South and argues that the current intellectual property (IP) landscape favors privatization and profit-maximization over public good-oriented research, potentially undermining food security and sustainable development goals. Alternative governance models and licensing frameworks are proposed to ensure equitable access to CRISPR technology for wheat breeding, aiming to safeguard global food security and reduce inequalities in agricultural innovation. The analysis shows a concentration of research output in the Global North, particularly in countries like Switzerland and UK. This indicates a form of digital colonialism, restricting the Global South's ability to develop locally adapted, climate-resilient wheat varieties. The patent network reveals a concentration of power among key institutions, limiting access to essential technologies for wheat improvement and reinforcing the "Genome Editing Divide.
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Collaborative Works and The Protection of Their Authors: A Tale from Bollywood
Статья научная
Thoughts of the Mumbai city of India, inevitably take one’s mind to the glitzy world of Bollywood, and thoughts of stars walking down the red carpet at the opening night of a new blockbuster. Bollywood is truly at the epicenter of the culture of the Mumbai. It also plays a major role in the economy of the city. The film business is deeply collaborative, and a multitude of artists contribute their artistic endeavors towards the film. This research examines the legal framework in India for the protection of the rights and interests of these artists. The article thoroughly examines India’s copyright laws, special welfare legislations aimed at protecting these artists and opinion of India’s Courts and Tribunals for these provisions. Finally, areas and matters of concern that require the urgent attention of the legislature and Courts in the country have been highlighted.
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Статья научная
In an era where intangible assets increasingly dictate global economic and technological hierarchies, intellectual property (IP)has emerged as a critical battleground between innovation, control, and access. This article undertakes a comparative legal and socio-political analysis of IP frameworks in Bangladesh and India, contextualized within the broader transformation brought by global techno-capitalism. While both countries share postcolonial legacies and common development goals, they diverge significantly in legal architecture, enforcement strategies, and policy orientation especially in handling emerging challenges such as artificial intelligence (AI), digital content ownership, and platform-based economies. The study interrogates how global technology giants operating under the shields of TRIPS and WIPO-centric regimes reproduce neo-imperial monopolies over knowledge, data, and algorithmic outputs. The article introduces a regional perspective by exploring South Asia’s capacity for IP reform through sui generis legal systems, grassroots innovation protection, participatory policymaking, and regional collaboration. It argues for a human-centered, context-sensitive IP regime that values not only innovation and economic development but also equity, inclusiveness, access to knowledge, and cultural continuity. Ultimately, this work contributes to reimagining IP law as a vehicle for epistemic justice, rather than as a tool for perpetuating techno-capitalist hierarchies and exploitative asymmetries.
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Compulsory Licensing of Pharmaceutical Patents in Pakistan Patent Ordinance
Статья научная
In Pakistan, access to affordable medicines is a critical challenge due to high disease burdens and exorbitantly priced patented drugs that leave millions without essential healthcare. Compulsory licensing (CL) under the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement provides a legal mechanism for the production or importation of generic versions of patented medicines to ensure their affordability and availability. This article considers how CL can be used as one avenue to begin bridging the gap between intellectual property rights (IPRs) and public health imperatives in Pakistan. The study focuses on the prevailing health-related condition of both high prices for patented medicines and healthcare expenditure by out-of-pocket expenses. Under this context, it evaluated the compulsory licensing regime in Pakistan in conformity with the provisions under Patents Ordinance 2000.Several issues have been encountered in that course including institutional inefficiency, weak technical capacity, and international pressures being in the front lines. Drawing from worldwide experience in countries as varied as India, Brazil, and Thailand, this article explains precisely how CL allows equity in medical access, with an assurance of the need for the local manufacture of pharmaceutical products and cuts off healthcare costs. The recommendations are policy priorities on the strengthening of legal frameworks, enhancement of regulatory capacity, promotion of local production, and tapping into international support. The article concludes that CL is not only a legal tool but an ethical commitment to the right to health. With bold action and coordinated efforts, it is possible for Pakistan to employ CL as a tool in transforming its healthcare system and ensuring that life-saving medicines are truly affordable and accessible to all.
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Статья научная
This research is a comparative legal analysis of the geographical indications (GIs) for two mango varieties namely Fazli and Khirsapat (Bangladesh) and Himsagar (India) from the historically unified Bangladesh Delta. This study explores the officially registered GIs in Bangladesh and India under the 2013 Bangladesh GI Act and 1999 Indian GI Act, respectively, concerning the defined (positive) criteria, geo-specificity, and quality-to-terroir evidence, for the mangoes in question. Both registered Bangladeshi GIs, “Fazli Mango of Rajshahi and Chapainawabganj” and “Khirsapat Mango of Chapainawabganj,” are defensively TRIPS compliant due to the incorporation of traditional knowledge. India’s claim to the Fazli mango is still informal and unregistered, and while the registration of the Himsagar mango is formal, it suffers from broad geo-coverage and weak evidentiary support. The postcolonial remapping of the Asia certainly transforms the shared agro-historical experiences of communities into a contested legal space. The lack of fit between the contemporary international regime of geographical indications and cross-border disputes suggests a collaborative approach between countries or regions.
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Doctrine of Abuse of Dominance in the Digital Age
Статья научная
Law of abuse of dominance forbids a dominant firm from misusing its position against competing firms. This doctrine is the foundational concept of harm, to analyze the adverse effect of a firm’s behavior, on the anticompetitive effects ultimately causing competitive harm. A formalistic and effect-based approach has been historically used to analyze this harm. However present digitalization focuses the inclination on effect-based approach. The uniqueness of digital markets and digital products is making it difficult for authorities to challenge the assessment of such harm. Two common abusive conducts refusal to deal and tying and bundling have been identified by authorities. This study explores the evolution of doctrine of abuse of dominance and the role played by theories of harm and economic theories on its modification over time. It further discusses the conduct of refusal and tying of the digital markets and the challenges it poses for assessment. The research suggests that peculiarity of digital products and markets assess the actual effect of firms’ conduct in a more judicious way, to categories harm. A collaborative approach can be explored for the emerging new avenues of harm to competition. Protection of consumer interests must alone remain the guiding factor for any policy made for digital markets, and that alone shall accord justifications for taking enforcement actions.
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Drugs, Public Health, and the Patent Linkage System in India and Japan
Статья научная
We may often come across mind boggling, incomprehensible doctor prescriptions quite difficult to decipher, with new drug names for the common flu and the usual ‘paracetamols’ found in other drugs under many different labels and names. This indicates nothing but the existence of a generic drug system. Generic drugs have same chemical formulas, properties and compositions as that of originator drugs or products. TRIPS plus concept of linking the drug regulatory authority and the patent authorities is prevalent in many states, emphasizing the prevention of generic drugs. This article will focus on patent linkage system of Japan and India and its functional details in these countries. The Japanese system is flexible, allowing the entry of generic drugs on certain conditions at the discretion of the Ministry of Health, Labor & Welfare and the results of the Japanese Patent Office. The uncertainties create a confusing view on the patent linkage system in Japan. The definition of original drugs and generic drugs are not clear in any of the provisions regulating the same, and permission or the prohibition of generic drugs or the determination of the status of a drug depends entirely on the ministries. Indian system, however, does not prohibit the entry of generics and promotes the usage of generics through various schemes, circulars and laws. It encourages doctors to prescribe the same for easy access to generic medicines. The article explores the contradicting provisions about generic drugs stipulated by the drugs & cosmetics act, 1940, expands on the bolar provisions in place and analyses the shortcomings of the system allowing generic drugs in India. The study highlights the need for a patent linkage system, supported by proper justifications and the concepts that could be implemented, for the effective functioning of both the drug regulatory authorities and the intellectual property authorities, protecting the interests of the patent owners as well as the common public, consequently.
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Evolving Paradigms of Trade Secret Protection: A Comparative Study of the US, EU, and India
Статья научная
The protection of trade secrets is integral to commercial practices since the inception of trade itself. This study explores the historical evolution and current legal frameworks governing trade secrets in the United States, European Union, and India. In the United States, trade secret law transitioned from common law torts to codified statutes, culminating in the Uniform Trade Secrets Act (1979) and the Defend Trade Secrets Act (2016). Federal protection is also provided under the Economic Espionage Act (1996). In contrast, the European Union historically lacked uniformity in trade secret protection until the enactment of the EU Trade Secret Directive (2016), which harmonized standards across member states. In India, trade secrets are primarily protected under common law and contractual agreements, with no specific legislation governing their protection. This comparative analysis highlights the need for a robust legal framework for trade secrets protection in India to enhance its compliance with TRIPS obligations.
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Faster, Fairer Antitrust? A Look at India's Proposed Settlement and Commitment Regulations
Статья научная
Antitrust laws play a crucial role in fostering healthy competition, benefiting consumers through lower prices, better choices, and increased innovation. However, the mechanism of competition regulation in India often faces a harsh reality with lengthy investigations and protracted litigation. Amidst concerns about the effectiveness of the antitrust regime, many stakeholders have been clamoring for a revision of the Competition Act, advocating for a more credible antitrust watchdog and a fair competitive landscape in India. To this end, the competition commission of India (CCI) has introduced the draft regulations for settlement and commitment proceedings, overhauling the substantive and procedural framework of the competition law regime in India. The draft regulations are expected to mark a turning point for tech giants under investigation, granting them an avenue to settle disputes while streamlining regulatory processes and encouraging corrections within the market. However, several key aspects of the draft regulations remain shrouded in ambiguities and concerns. These include the absence of interim relief provisions for third parties during settlements, no provision for appeal after the final settlement/commitment order, the exclusion of cartel cases, meager settlement discount, and the CCI’s unfettered discretion to use the applicant’s information against them. This research outlines the challenges of the traditional antitrust enforcement regime and highlights the emergence of the settlement and commitment regulations as a potential solution. However, it also identifies potential loopholes and challenges in implementing the regulations effectively. The research draws insights from established settlement and commitment mechanisms in other jurisdictions like the EU and the UK proposing suggestions for India’s approach.
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Статья научная
Intellectual property rights (IPRs), as capital goods are essential in determining the rate of innovation, nature of competitive advantage, and systemic stability of bankruptcy and insolvency regimes. Current research explores the complex interface between IPRs and the valuation of the assets for bankruptcy. IPRs are financial asset to as these are a necessary element to determines the extent of sustainability and rehabilitation prospects of negatively affected businesses. The specific functions of patents, trademarks, and copyrights are potentially critical factors defining the outcome of insolvency. The discussion highlights the IPR-secured financing trends, through which such intangible assets are availed as security to lending institutions, thus impacting the liquidity of banks and the course of insolvency resolutions. The long-term analysis of legal opportunities and difficulties involved in the statutory incorporation of IPRs based on the precedent, regulatory framework, and cross-jurisdictional practices exemplifies the consistent inability to realize a sufficient value of property, often prone to economic and technological changes. Protecting IPRs would serve as agents in the financial market macroeconomic stability by carefully managing intellectual property amid the turbulent financial markets. There is need to engage in greater utilization of IPRs in bankruptcy situations and call for the establishment of legal and economic frameworks that can enable the smooth entry of such assets into the economy.
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Generative AI, Copyright Law, and the Future of Creativity: A Call for International Reform
Статья научная
Current study examines whether the use of copyrighted works in training generative AI systems amounts to copyright infringement under existing legal frameworks. The challenge is not merely to fit AI within the existing contours of copyright law, but to rethink those contours in light of new technological realities. The goal should be to construct a legal framework that preserves the foundational objectives of copyright, encouraging creativity and protecting authors, while enabling the continued growth of transformative technologies. In this sense, the regulation of AI training represents not an endpoint, but an evolving legal frontier that will shape the future relationship between law, creativity, and innovation. Current research analyzes the applicability of doctrines such as fair use and fair dealing in the context of large-scale data scraping and machine learning processes. It explores challenges relating to transparency, attribution, and enforcement, given the opaque nature of AI training datasets. By engaging with emerging global legal developments, it assesses whether current copyright regimes are equipped to address AI-driven innovation, and argues for clearer standards to balance technological advancement with the protection of creators’ rights in the digital environment.
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Статья научная
The unprecedented development of generative artificial intelligence (GenAI) has fundamentally transformed the global intellectual property (IP) landscape. Unlike previous technological innovations, modern large language models (LLMs) and multimodal AI systems are capable of autonomously generating literary works, software code, music, images, inventions and commercially valuable information that increasingly resemble products of human creativity. These developments challenge traditional concepts of authorship, inventorship, ownership and confidentiality, requiring legislators and courts to reconsider long-established legal doctrines. This article examines the evolving relationship between artificial intelligence and intellectual property rights through a comparative legal analysis of copyright, patent law and trade secret protection. Particular attention is devoted to the regulatory approaches adopted by the European Union, the United States, the United Kingdom, China, Japan and Singapore. The research evaluates recent legislative initiatives, judicial decisions and policy documents adopted between 2024 and 2026, including the implementation of the European Union AI Act, developments within the World Intellectual Property Organization (WIPO), the OECD and leading national intellectual property offices. The paper argues that contemporary intellectual property systems are experiencing a transition from human-centred protection towards hybrid governance models that increasingly recognize the role of AI-assisted creativity while preserving human responsibility. The article proposes a balanced regulatory framework that distinguishes between AI-generated and AI-assisted outputs, strengthens transparency obligations concerning training data, enhances protection of confidential business information and promotes international harmonization of intellectual property rules in the era of generative AI.
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Human Right to Water and Intellectual Property Framework for Achieving SDG 6
Статья научная
Water is a vital part of the environment, and essential for sustaining life for all living organisms. Access to safe water, along with proper hygiene and sanitation, is a fundamental requirement for human health and well-being. According to United Nations, over 2 billion people may face challenges in obtaining safe water by 2025. Hence. it is imperative to ensure water sustainability for future generations. Water conservation initiatives and investing in innovative water technologies can help secure future water availability and promote sustainable development. Intellectual property rights (IPRs) are acknowledged as human rights under several global and national legal provisions, and their importance has significantly increased in the contemporary world. Desalination membranes, low-cost point-of-use filtration, pathogen detection tools, remote sensing and hydraulic modelling software—are protected by intellectual property (IP) rights. Current study explores the relationship between the right to clean water and intellectual property (IP), considering both international frameworks and the constitutional domain of India. This research attempts to establish a link between these two domains—clean water rights and intellectual property rights.
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IP Dispute Resolution in the Digital Age: An Analysis of WIPO's UDRP Mechanisms and AI Integration
Статья научная
The use of AI in intellectual property (IP) dispute resolution particularly in the framework of the World Intellectual Property Organization (WIPO) is a paradigm shift as far as efficiency and effectiveness of the domain name dispute resolution under the Uniform Domain Name Dispute Resolution Policy (UDRP) are concerned. The role of WIPO as a significant source of institutional ADR mechanisms is discussed in terms of its Arbitration and Mediation Centre and its functions and performance of cases administration procedures. The study highlights the procedural issues of the UDRP that enable owners of trademarks to challenge the bad faith domain name registrations and evaluates the success of the policy in delivering cost-effective and speedy decisions as compared to protracted litigation. The study explores the already existing implementations of the AI, including the case prediction systems within the scope of machine learning (e.g., SCALE and BERT models), and the applications of automated legal reasoning that are aimed at making the process of decision-making more efficient. Through comparative analysis of the AI-assisted and traditional proceedings of UDRP, the research identifies some of its greatest advantages, such as the acceleration of the cases processing, the elevated stability in decision-making, and the possibility to identify patterns in the cybersquatting cases.
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