Trends in Intellectual Property Research @iprtrends
Статьи журнала - Trends in Intellectual Property Research
Все статьи: 55
Plant Patent Systems for Equity and Sustainability
Статья научная
One domain of innovation in agriculture is patents for uniquely produced plants by plant breeding tools. Sometimes the researchers don’t go for patents, missing the opportunity of earning profit from their novel innovative research. A pressing issue for the small-scale breeders is the financial and legal challenges during the patenting process. Hence, small breeders cannot compete in the international global seed markets while big giants are grabbing the capital and make trends with their own will and for their own benefits. Buyers should purchase from the original researchers and the researchers must be acknowledged by the international community to provide rights to the original researchers. The availability of better plant breeds will promote sustainable agriculture, secure biodiversity and improve the health and wellbeing of the people.
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Статья научная
The global patent system operates under assumptions that have not been seriously revisited since the industrial age. Chief among them is the conviction that patents reliably measure innovation, that temporary monopolies incentivize disclosure, and that the inventor behind every filing is a human being acting with creative intent. This article challenges each of these assumptions by examining three structural failures of the contemporary patent regime. The first is the weaponization of patents by non-practicing entities and dominant technology corporations, which has transformed intellectual property from a shield for genuine invention into a strategic instrument of market control, litigation, and competitive exclusion. The second failure concerns the inability of existing legal frameworks to accommodate inventions generated by artificial intelligence systems, a problem made visible by the DABUS patent applications and their rejection across the United States, the European Union, the United Kingdom, and Australia. The third failure is the persistence of pharmaceutical monopolies that restrict access to life-saving treatments through evergreening strategies, excessive pricing, and aggressive enforcement of patent rights in developing countries. Drawing on historical analysis, comparative jurisdictional review, and a critical evaluation of emerging reform proposals, the article argues that these dysfunctions are not isolated malfunctions but predictable consequences of a legal architecture designed for a world that no longer exists. The article evaluates five structural reform proposals: sector-specific patent terms calibrated to the pace of technological change, layered rights contingent on demonstrated utility rather than mere filing, blockchain-based registries for transparent priority verification, dynamic licensing models that adjust exclusivity based on public interest considerations, and a sui generis category of protection for machine-generated inventions. The article concludes that incremental procedural adjustments are insufficient and that the patent system requires foundational restructuring to restore the balance between private reward and collective benefit that originally justified its existence.
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Sattar Buksh Cafe vs Starbucks Coffee Trademark Dispute of Pakistan
Статья научная
This study examines the trademark dispute between global coffee chain Starbucks and the Pakistani café Sattar Buksh. The matter, resolved without formal litigation, highlights the intricate relationship between trademark law, the concepts of dilution and parody, and the tension between brand protection and cultural expression. By adopting a parody-based strategy in its name and visual branding, Sattar Buksh attracted local market attention, ultimately prompting legal action from Starbucks. This research explores the positions of both parties, the applicable provisions of Pakistan’s Trademarks Ordinance, 2001, and the wider implications of such disputes for intellectual property rights in emerging economies.
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Статья научная
Although the digital media ecosystem has changed creation and sharing of content, existing copyright management systems suffer from inefficiencies, such as slow payment of royalties, a lack of transparency about how much an artist is owed, high administrative costs and difficulties in tracking cross-border use. One of the most promising methods for addressing these shortcomings is the use of smart contracts, which are self-executing applications that work off a public distributed ledger called a blockchain to automatically pay royalties at the time of use, based on preconfigured conditions that are based on a predetermined number of streams, downloads or views. Current study explores the technological architecture, relevant legal issues and practical implications for automated payment of royalties to content creators through the use of smart contracts in the context of music services, audiovisual works and digital publishing. The smart contracts allow peer-to-peer transactions without a third party, based on elements of the blockchain, like the principles of decentralized consensus and immutability (integrity). The legal issues related to smart contracts using code as a contract include whether smart contracts will be legally enforceable across different jurisdictions, whether a smart contract's code can be considered enforceable with moral rights, and concentration on complying with different data privacy laws, e.g., the General Data Protection Regulation (GDPR) in countries where blockchain is essentially immutable. While smart contracts can address a number of the core pain points associated with these areas (i.e., transparency gaps, fragmented ownership data, transactional friction), they must overcome various challenges to achieve broad acceptance. These challenges include scalability; the reliability of oracles for off-chain data; interoperability across disparate blockchains; regulatory uncertainty related to anti-money laundering/know-your-customer regulations, and taxation; and a lack of statutory recognition of smart contracts, standardized metadata for ownership rights, on/off-chain hybrid models, and international harmonization via treaties.
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Stem Cell Patentability: Legal Challenges
Статья научная
Stem cells are versatile cells capable of self-renewal and differentiation into different specialized cell types. Their immense potential has led to a surge in research and practical applications medicine. Patentability of the stem cells has been a subject of controversy, with concerns that restrictions on access to crucial technologies could hinder the translation of research into practical medical applications. It is a promising field that's rapidly advancing and has the potential to revolutionize modern medicine. The patentability of stem cells faces several legal challenges, including ethical, moral, and religious concerns, as well as difficulties in obtaining a patent license. Patent protection is crucial for driving innovation and commercial success in regenerative medicine and life sciences. This article examines the patentability restrictions and specific challenges associated with human stem cell patents in Europe and the United States.
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Sundarban Honey as Geographical Indication of Bangladesh
Статья научная
Sundarban Honey possesses distinctive nutritional, sensory and chemical characteristics that arise from the unique mangrove ecosystem of the Sundarbans. Sundarban Honey met the essential criteria of origin specificity, quality linkage and traditional expertise to get a GI tag. This article examines the ongoing dispute between India and Bangladesh regarding Geographical Indication (GI) tag of Sundarban Honey. It reviews the legal procedure for GI registration in Bangladesh under Bangladesh’s 2013 GI Act and compares the honey’s protection needs with those of Manuka Honey in New Zealand and EU designations such as Miel de Provence. The analysis identifies key challenges in weak institutional capacity, and lack of community organization that led to Indian claims on this product earlier than Bangladesh. It is recommended to strengthen traceability, empower local cooperatives, and enhance cross-border cooperation with Indian Sundarbans stakeholders. Sundarban Honey GI tag in Bangladesh will preserve cultural heritage, support rural livelihoods, advance biodiversity conservation and sustainable economic development.
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Tangail Saree as Geographical Indication of Bangladesh
Статья научная
Tangail Sarees, a six-yard dress worn by women in South Asian countries especially Bangladesh, India, Sri Lanka, and Nepal, are renowned due to their unique weaving techniques, designs, and motifs. Tangail Sarees are famous due to their sophisticated designs and fine cotton and silk yarn, crafted on fly shuttle pit looms. Tangail Saree or Tant Sarees are Bengali cotton sarees originated in 1850s and flourished in 1890s decade. Basak community (Hindus) are its original weavers. This study explores the geographical indication (GI) conflict between Bangladesh and India about the Tangail Saree. The study highlights deficiencies in existing legal frameworks (indigenous laws and international instruments) regarding GI protection.
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The Basmati rice war between India and Pakistan
Статья научная
The current study highlights the challenges for GI protection of trans-border products, in Basmati rice. Various international treaties, e.g., Lisbon Agreement, Paris convention, and TRIPS Agreement describe partly the protection of geographical indications (GIs) or appellations of origin. Both India and Pakistan are TRIPS member countries and claim Basmati rice as their GI and have tagged Basmati as GI in their respective territories. Europe is an expanding market for Basmati, and EU is implementing import regulations on food products based on GI reputation for high quality products. India has sought GI protection of Basmati rice in EU followed by staunch opposition by Pakistan. Current study will briefly highlight the recent developments of this GI dispute on Basmati rice between India and Pakistan in EU,New Zealand and Australia.
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The Business of Being You: Evolving Law of Personality Rights in India
Статья научная
This article critically examines the development of personality rights jurisprudence in India, charting its progression from incidental protection under existing legal frameworks-such as Article 21 of the Constitution, the Copyright Act, 1957, and the Trademarks Act, 1999-to its recognition as a distinct and autonomous branch of law. Anchored in the common law tort of passing off, the jurisprudence has evolved through a series of landmark judicial decisions involving public figures such as Barkha Dutt, Daler Mehndi, Amitabh Bachchan, Rajnikanth, Anil Kapoor, Jackie Shroff, Arijit Singh, and Karan Johar. The article analyses how Indian courts have gradually expanded the scope of these rights to include not only names and images, but also voice, likeness, gestures, and other unique identifiers-particularly in light of emerging technologies such as AI-generated content. It also explores the evolving legal tools deployed to enforce these rights, including John Doe orders and dynamic injunctions. Through a doctrinal and case law-based analysis, the article argues that the recognition of personality rights in India reflects a growing judicial commitment to preserving individual autonomy, reputation, and commercial identity. At the same time, it underscores the need for a calibrated approach that balances these rights against competing interests such as artistic freedom and public interest in a digitally mediated society.
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The Copyright Dispute between Maula Jatt (1979) and The Legend of Maula Jatt (2022)
Статья научная
Comparison between The Legend of Maula Jatt (2022) a blockbuster re-release of the 1979 Punjabi cult film Maula Jatt provides insight into the issues of the IP regime in Pakistan in relation to remakes, protectability of characters, the division between literary and cinematographic rights, and informal industry traditions. It ran between 2017 and 2020, opposing the original producer of the 1979 film (Muhammad Sarwar Bhatti of Bahoo Films) and his heirs with the original screenwriter, Nasir Adeeb, on the side of the 2022 reboot. The fight revealed a loophole in the Copyright Ordinance, 1962 of Pakistan especially the interaction between the family of original producer Sarwar Bhatti, claiming rights in the 1979 cinematographic (film-specific) work and the trademarks around it; and original writer Nasir Adeeb, claiming underlying literary (script, character, story) rights in the characters and the story vested in authors. In this paper, the paper will follow the origins of the conflict in the folkloric Punjabi archetypes, the escalation of the conflict to IPO tribunals, high courts, the key moment of the distribution of the rights assignment to the screenwriter Nasir Adeeb, the out-of-court settlement of 2020, and its implications to the creative industries. The given paper advances the thesis that the modernization of legislation is needed to create a level of balance between the rights of the author, motivation to produce, and preservation of culture in the context of an even more globalized Pakistani cinema. The eventual out-of-court settlement left core legal questions unresolved, highlighting urgent needs for legislative clarity, industry reform, and transnational IP cooperation mechanisms.
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Статья научная
The interplay between intellectual property rights (IPRs) and clinical trials presents a complex challenge in the realm of healthcare innovation. This paper examines the critical role of IPRs, particularly patents, in incentivizing pharmaceutical research and development while simultaneously addressing their implications for access to essential medicines, especially in low- and middle-income countries (LMICs). We explore the phases of clinical trials that underpin medical advancements and highlight the significant financial and temporal investments required for drug development. The discussion also delves into the tensions created by monopolistic pricing, data exclusivity, and evergreening practices that hinder equitable access to healthcare. Through a review of international agreements like the TRIPS Agreement and case studies on HIV/AIDS, hepatitis C treatments, and COVID-19 vaccines, we illustrate the urgent need for policy reforms and alternative incentive models, including prize funds, patent pools, and tiered pricing strategies. Our findings underscore the necessity for a balanced approach that fosters innovation while ensuring that life-saving medications are accessible to all populations. Ultimately, this paper calls for collaborative efforts among governments, international organizations, and the private sector to create an equitable healthcare landscape that prioritizes public health needs without stifling innovation.
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Статья научная
In this study the complex connection of globalization, intellectual property rights (IPR), technology transfer (TT) and innovation is explored in the context of a post-structuralist world economy. The concept of globalization has transformed the research and innovation landscape significantly to the point where it promotes the movement of knowledge, resources, and technological innovation across borders. Nevertheless, the role of IPR on the agreement of technology transfer is still a controversial issue. Here, a historical overview of globalization and IP laws review is done along the lines of an in-depth literature review, which is based on the International legal ground which enshrines the IPR protection and technology transfer. It evaluates various form of technology transfer, examines the variables and obstacles on international scale and explains possibilities of IPRs in making technology transfer agreements. The influences that globalization and IPR have on the process and mode of innovation are also discussed in this study. It examines the possibility and threat of TT to the developing countries as a result of globalization in relation to both, positive and negative law; the economy as well as society. Further, the paper explains about the importance of innovation ecosystems and policy challenges with the importance given to governmental policy actions and regulations to stimulate TT and innovation and technology transfer. It examines the various avatars of technology in the past. The best practices and recommendations are given as far as enhancing the TT and innovation in the global economy. This article may be useful in the comprehension of the articulation between globalization, IPR, technology transfer, and innovation better. It makes valuable contributions and policy suggestions to policy makers, practitioners and scholars to deal with the challenges and opportunities brought about in the interconnected world in terms of technology transfer and innovation.
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The Role of Personality Rights in Indian Law: Lessons from Jackie Shroff's Legal Battle
Статья научная
Current research examines the landmark judgment of Jaikishan Kakubhai Saraf alias Jackie Shroff v. The Peppy Store & Ors. indicating the importance of developing personality rights jurisprudence in India, especially in digital content. Personality rights include both publicity rights and privacy rights. Right to control the commercial use of one's identity, i.e. publicity rights, is important for protecting personalities from unauthorized exploitation of their persona (name, image, voice, etc.). The case highlights the unauthorized use of Shroff's image for commercial gain without his consent, raising significant questions about the scope and enforcement of personality rights in India. The Court's decision to protect actor Jackie Shroff's identity from unauthorized commercial exploitation marks a pivotal moment in legal precedents safeguarding the identity of personality, especially for celebrities. This case underscores the evolving landscape of legal protections in the digital age, emphasizing the importance of rec-ognizing and upholding personality rights amidst increasing unauthorized commercial use. As a result, it stands as a landmark decision, guiding the future of personality rights and reinforcing the legal safeguards necessary to personality identity in an increasingly digital world. By dissecting this case, the paper aims to explore the im-plications for the ongoing development of personality rights in India and the growing importance of safeguarding individual identity in the digital era. Also, the paper critically assesses the current legal framework, including statutory provisions and judicial precedents. It has been compared with international standards to detect loopholes and propose improvements, in the evolving regime of personality rights in the digital era.
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The non-alcoholic fruit beverage market through patent prospecting
Статья научная
Non-alcoholic fruit beverages hold significant importance in the fruit processing chain. This article aimed to conduct a technological prospective study, through patents, in this specific beverage area. Patents were searched in the online databases of INPI (Brazil) and EPO (Europe), using keywords, the internation classification number, and filing dates. A total of 80 patents were retrieved, excluding duplicates and out of scope ones. The year 2020 witnessed the highest number of filings, followed by a decrease in subsequent years. Japan held 46% of the patents considered in this study, while Brazil accounted for 26%. Overall, the primary filers are from the industry, while 48% of Brazilian patents had educational and research institutions as filers. Lemon, orange, and grapefruit were the most cited fruits in the analyzed documents, indicating a wide participation of tropical fruits in beverage production. Despite Brazil being one of the world's largest fruit producers, Japan leads in innovations related to fruit beverages. Brazil needs to improve its innovation ecosystem to encourage domestic companies, achieve greater competitiveness in international trade, and add higher value to its traded goods.
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Traditional Knowledge Digital Library as Patent System Facilitator
Статья научная
The concept of the Traditional Knowledge Digital Library (TKDL) first emerged in India two decades ago. It upholds the current Indian patent law, which forbids the filing of patents based on traditional knowledge that is already in the public domain. Although, TKDL has been quite helpful in preserving traditional knowledge, it can be improved to maximize its potential. With tech advancements, it’s necessary to ensure that traditional knowledge is secured to facilitate the Intellectual Property regime, and prevent the exploitation of local customary knowledge. The primary issue concerning the current operational model is financial in nature. Many advocates strongly contend that access to the TKDL should be facilitated through commercialization. It is essential to grant access to the database to third parties to enhance awareness and promote indigenous knowledge systems. Allowing third-party access is therefore significantly beneficial from a financial perspective. In this regard, we have proposed the establishment of a TKDL fund, aimed at supporting various indigenous communities. This fund would generate financial returns from granting access, which would be distributed among indigenous communities and subsequently utilized for their development, thereby acknowledging their contributions in the realm of traditional knowledge.
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