Mobile Intellectual Property Marketplace Model for Commercialization of Intellectual Property Rights

This study discusses the development of the intellectual property (IP) marketplace model based on mobile location-aware computing. Referring to statistics released by the Directorate General of Intellectual Property, there has been a growth in the number of intellectual property rights (IPR) applications in recent years, even during the Covid-19 pandemic. On the other hand, after IPR protection, the commercialization of IPR is one of the pillars of the IP system. Nevertheless, research institutions such as LIPI/BRIN indicate that the potential for commercializing IPR is still low. Furthermore, the opportunity is that cellular networks have covered almost all parts of Indonesia, and there has been significant growth in smartphone users. The method utilized in this research is prototyping. This research results from an IP marketplace model based on mobile location-aware computing in Indonesia. Using the smartphone user's location, contextual IPR information from the user's location related to IPR will enter their smartphone. The experimental results indicate that the application can display a list of IPR information according to the smartphone user's location. Furthermore, the search feature can forage IPR listing information based on user queries. © 2022 IEEE.

Securing Europe's Critical Entities from Cyber Attacks

The revised NIS-2 Directive has been assigned to the Committee on Industry, Research, and Energy (ITRE), within the European Parliament, and is intended to form one of the baselines for the European cybersecurity framework, as well as act as a central tool in advancing Europe's strategic autonomy and the Digital Europe Programme (3). The intention is that cyber resilience must be considered a priority at board and senior management level rather than be confined to the remit of technical teams. European Parliament Adopts New Draft Directive," Technology Law Dispatch, Reed Smith LLP, 20 Jan. 2022.

MONEY AND GOODWILL, BUT WHAT HAPPENS NOW ON COVID THERAPIES?

The international pledging conference that the European Union hosted in May has surpassed its target of $8 billion, in cooperation with the United Nations, the World Health Organization (WHO), the International Labour Organization, the G20, the G7, the International Monetary Fund, and the World Bank. Many nations have rallied round the beleaguered World Health Organization (WHO) after Donald Trump announced he would withdraw U.S. funding for it. [...]the EU announced a coronavirus recovery plan in late May with a budget close to $2 trillion-which included a new €10 billion health program and additional projected spending on medicines to combat COVID-19.

Manufacturing Innovation

(ProQuest: ... denotes non-USASCII text omitted.) The annual Global Innovation Index released in September 2021 ranked China twelfth, surpassing developed economies such as Japan, Israel, and Canada and raising fears in the United States amidst sluggish growth in North America and strong growth in the Asia Pacific region.1 Interestingly, the United States government responded by boycotting the Beijing Olympic Games, citing human rights abuses as the main reason.2 A tech war between China and the United States brewed beneath the diplomatic rancor over the attendance at the Olympic Games. Part I documents how the United States has assisted China's tech and intellectual property domination through President Nixon's historic visit to China, giving China Most Favorite Nation (MFN) status and ascending China to the World Trade Organization (WTO). [...]under Deng Xiaoping's leadership during the reform period, China rapidly developed its special economic zones (SEZs), laying the foundation for subsequent tech innovation and production. [...]broadcasting, telecommunications, office machines, computers, integrated circuits, and cell phones are among China's notable exports to the world.9 China dominates in commodities and raw materials, exporting refined petroleum, cotton, plywood, and tea.10 For agricultural products, China occupies the perch as the world's largest producer. Shenzhen rose as the largest among the four.18 Shenzhen, a small fishing locale in the southern part of China's southern province, Guangdong, served as the pioneer of Deng Xiaoping's embrace of economic reforms.19 A market-oriented economy took root in Shenzhen, allowing foreign companies and entities from Hong Kong and Macau to operate and allowing Chinese talents the freedom to leave their hometowns and move into the SEZs.20 Cheap labor proved to be another significant factor facilitating China's rise as a global manufacturer.21 In the 1980s, multinational corporations from Taiwan, Japan, and South Korea, as well as domestic Chinese companies, opened their factories in the SEZs and other cities in China to take advantage of the cheap and plentiful labor force.22 Indeed, when Deng Xiaoping began his pilot SEZs, China's young workers who wished to lift themselves out of poverty descended into the economic zones in search of better opportunities.23 Shenzhen grew from a population of 59,000 in 1980 to a population of 12,357,000 in 2020.24 The new migrants became the workers, participants, and stakeholders in the global manufacturing frontier.25 Because of the abundance of cheap labor, manufacturers in China have no difficulty keeping production prices low and pleasing consumers and businesses worldwide.26 China's currency manipulation is another factor propelling China to its domination in global manufacturing.27 The United States Congress attempted numerous times to introduce legislation to combat China's currency manipulation.28 China artificially devalued its currency through government control of the exchange rate and refused to let the Chinese Renminbi (RMB) float.29 Despite strong criticisms from the United States, China refuses to allow its currency to freely float.30 China's currency manipulations, according to critics, caused the widening of trade deficits between the United States and China.31 China's currency manipulation allows products to be manufactured at lower prices, hampering competitors and thereafter replacing them.32 In order to cope with China's currency practices, United States manufacturers facing their own existential crises must decide to either outsource jobs overseas or face large risks, including financial ruin.33 The United States lost millions of manufacturing jobs due to massive job outsourcing as the trade deficits between the United States and China continued to persist.34 Geopolitically, in shaping post-Cold-War powers, the United States decided to assist China in its transformation from a poverty-stricken country to a global manufacturer.

Trends in International Arbitration: The Fallout from COVID-19

[...]of the disruptions caused by the COVID-19 pandemic, global arbitration has adapted to a 'new normal'. Arbitration trends A number of trends are emerging with respect to life sciences disputes that are anticipated to continue for the foreseeable future, including in particular: * A greater number of disputes arising out of global supply chain disruptions, and use of the pandemic as a defence to contractual non-performance * An increase in disputes over earn-out clauses and pre-closing covenants in M&A transactions * A rise in investor-state claims brought by investors against states for breach of international investment protection agreements * More insolvent parties in arbitrations, which pose particular challenges * An increase in third-party funding of significant claims in international arbitration * The continued use of efficient procedures by arbitral tribunals, including paperless proceedings and remote hearings. Earn-out arrangements are usually intended to bridge the gap between diverging valuations of the target company by the buyer and the seller at the time of closing-in addition to the upfront purchase price, the seller of a business receives further payouts if and when the target company achieves certain agreed performance targets over an agreed period of time after closing. [...]the seller trades the certainty of a lower upfront payment for a potential higher pay-out in the future. [...]party funding of claims Third-party funding of significant claims is now a common feature in international arbitration and has become available in jurisdictions that previously were subject to regulatory restrictions.

Continued Innovation is Key for COVID-19 Recovery

According to the Federation of Small Businesses (FSB), more than a quarter of a million businesses are due to close their doors for the final time in 2021 (1). A key reason behind Switzerland leading the way in the World Intellectual Property Organization's 2020 Global Innovation Index for 10 consecutive years (4) is due to its excellent innovation outcomes including patent applications, IP receipts, and high-tech manufacturing products. utilizing IP Put simply, the UK needs to take a leaf from Switzerland's book and focus on how we can turn the UK into an IP powerhouse. Solutions are available It is clear more needs to be done to educate businesses around the value of innovation, while demonstrating the availability of funding through schemes readily available, and already baked into the budget such as the R&D tax credit scheme and Patent Box.

Global Health Technologies are Transforming Intellectual Property and World Trade

The nano-enabled technology of 3-D printing for medical devices presents a dynamic new avenue for meeting patient needs. 3-D printers can generate food, soaps, cosmetics, body parts, metal devices, or medicines. This technology enables continuity of health care delivery despite disruptive breaks in any supply chain due to war, shortage, or broken distribution lines due to pandemic force majeure.1 Featuring custom-tailored attributes for each device, economic efficiency by eliminating transport costs during emergencies, avoiding issues of distribution supply chains, and offering biocompatibility, 3-D printed medical devices during the COVID-19 pandemic2 provided a very attractive alternative to enduring medical supply shortages worldwide. Beyond the covid-19 pandemic exigencies, 3-D printed medical devices promise custom-tailored meals to meet medical needs that are unique for each patient's metabolism and a wide variety of tools for patient care that will change the shape of global commerce.3 3-D printing offers the alluring promise of biocompatible medical devices, matching any patient's unique anatomy, using a specific patient's imaging data, or using a standard design to make multiple identical copies of the same device, but without delays for transport or shipping and insurance costs. The global health impact of these efforts, from the standpoint of patient safety4 and overall deterrence of unnecessary or unsafe medical practices, remains unclear due to the absence of regulation and monitoring. The reality is that commerce can reduce or eliminate transport and storage costs associated with shipping and can change international trade. Yet, 3-D printing simultaneously offers great promise to meet challenges arising from the arcane role of intellectual property rights (IPR)5 in shaping the creation and transfer of nanomedicines and nanotechnologies to attain health equity and meet universal needs of health for all. These millennial technological changes may permanently alter how civil society does business for global health. © 2022, Andover House, Inc.. All rights reserved.

Fit for purpose? The patents regime, the Fourth Industrial Revolution, and sustainable development

This article uses data from several publicly available databases to show that the distribution of intellectual property for frontier technologies, including those useful for sustainable development, is very highly skewed in favor of a handful of developed countries. The intellectual property rights (IPR) regime as it exists does not optimize the global flow of technology and know-how for the attainment of the sustainable development goals and is in need of updating. Some features of the Fourth Industrial Revolution imply that the current system of patents is even more in need of reform than before. COVID-19 vaccines and therapies and the vast inequality in access to these has highlighted the costs of inaction. We recommend several policy changes for the international IPR regime. Broadly, these fall into three categories: allowing greater flexibility for developing countries, reassessing the appropriateness of patents for technologies that may be considered public goods, and closing loopholes that allow for unreasonable intellectual property protections.

Accompaniment Methodology of Open Innovation in Local Universities After COVID-19

Innovation has never been as important as it is now to solve the problems caused by COVID-19 and the socioeconomic crisis. In this context, and within the framework of an economy based on knowledge and change, economic and social agents need open innovation to generate competitiveness and development. For their part, universities need to increase technological production as a source of innovation. In the literature there are models of innovation, but they do not present a method to move from basic to technological research. Aim of this work was to fill, in part, this gap. Under the qualitative approach, the Open Innovation model, the Technological Maturity Levels method and the Pedagogical Accompaniment model were selected to develop a post-COVID-19 route to intensify innovation. The article contributes to knowledge with a methodology that allows expanding the performance of researchers and raising the technological level of universities towards competitiveness. © 2023, The Author(s), under exclusive license to Springer Nature Singapore Pte Ltd.

(Il)legitimacy of international intellectual property regime?

The recent Covid-19 global health crisis not only brings into sharp relief the current problems afflicting the international intellectual property regime (IIPR) but also calls into question its legitimacy as an international authority. Against this backdrop, the article aims to launch an investigation into the legitimacy of the IIPR, as an international co-ordinative authority, designed to protect IP rights without prejudice to international trade norms. Drawing on Raz's service conception of authority, it explores whether the IIPR lives up to its promises by enabling co-ordination between states over IP rights without undermining the initial balance on which it is founded, struck between developing and developed countries, as well as between international protection of IP- cum-trade rights and domestic regulatory autonomy. It does so by classifying the historical evolution of the IIPR under three different phases: (i) its foundation, (ii) before, and (iii) after the TRIPS-plus. Upon showing the legitimacy challenges inherent in its undemocratic foundation, the article points to the success of the regime in finding a balance between conflicting interests before the TRIPS-plus era. Later, it underlines the many challenges that come with linking the IIPR to the investment regime and argues that the FTAs and frequent regime-shifting activities put further pressure on the authority and legitimacy of the regime. Stressing the importance of democratic participation for the legitimacy of any co-ordinative authority, the article casts doubt on the IIPR's legitimacy and concludes by raising some points to overcome the ongoing legitimacy challenges.

The moderating role of market uncertainty in the effectiveness of government policies and R&D activities promoting innovation in manufacturing firms

PurposeThe purpose of this study is to examine the impact of government support policies and research and development (R&D) activities on product innovation under market uncertainty.Design/methodology/approachThis study applies logistic regression analysis to a sample of 4,000 South Korean manufacturing firms in order to investigate the impact of government policies and R&D activities of the firm on firm innovation performance, with particular interest in the moderating role of the firm's perceived market uncertainty (PMU).FindingsPolicies supporting industry/university/institute/local collaboration are found to have greater benefit under high PMU. Surprisingly, support for a consortium among different-sized firms has a negative effect on product innovation, although this negative effect disappears under high PMU. Both support for the protection of intellectual property (IP) and support for the resolution of manpower shortages have strong positive effects on the propensity to innovate products, but in both cases the moderating effects of uncertainty are negative. Finally, all types of R&D activities have positive effects on the propensity to innovate, more so for new product innovation than for improved product innovation.Originality/valueTo the best of the authors' knowledge, this is the first study to examine analytically the moderating effect of PMU in the effectiveness of government policies promoting innovation in the manufacturing sector. The study is potentially useful both for policymakers in deciding which policies to implement under prevailing market conditions;and for entrepreneurs choosing between different forms of government support, particularly given the abnormal levels of market uncertainty prevailing in the Covid-19 era.

Secure NIfTI Image Authentication Scheme for Modern Healthcare System

Advances in digital neuroimaging technologies, i.e., MRI and CT scan technology, have radically changed illness diagnosis in the global healthcare system. Digital imaging technologies produce NIfTI images after scanning the patient's body. COVID-19 spared on a worldwide effort to detect the lung infection. CT scans have been performed on billions of COVID-19 patients in recent years, resulting in a massive amount of NIfTI images being produced and communicated over the internet for diagnosis. The dissemination of these medical photographs over the internet has resulted in a significant problem for the healthcare system to maintain its integrity, protect its intellectual property rights, and address other ethical considerations. Another significant issue is how radiologists recognize tempered medical images, sometimes leading to the wrong diagnosis. Thus, the healthcare system requires a robust and reliable watermarking method for these images. Several image watermarking approaches for .jpg, .dcm, .png, .bmp, and other image formats have been developed, but no substantial contribution to NIfTI images (.nii format) has been made. This research suggests a hybrid watermarking method for NIfTI images that employs Slantlet Transform (SLT), Lifting Wavelet Transform (LWT), and Arnold Cat Map. The suggested technique performed well against various attacks. Compared to earlier approaches, the results show that this method is more robust and invisible.

Preventing Domain Name Infringement: An Introduction to Approaches Adopted by the United Nations, the European Union, and Taiwan

The boom in e-commerce around the world since the COVID-19 outbreak has indirectly yet markedly affected business brands and the marketing strategies they use to promote products and services. To effectively respond to this e-commerce trend, companies must formulate plans to navigate the new digital business landscape and to ensure that their brands stand out from those of competitors. A domain name is a string of text that represents a company. Users type a domain name or URL into a browser's search bar to reach a particular website that they wish to view. All registered domain names are unique and cannot be used by anyone other than their owner. For these reasons, some scholars suggested that domain names must be protected through intellectual property laws. However, because the owner of a registered domain name is only entitled to use that particular domain name for a specific period and thus does not have full ownership of it, domain names are not protected by copyright. Because domain names can be used to promote businesses, improve companies' reputation, and create business opportunities similar to any other form of intellectual property, many cases of domain name infringement have been occurred. Such cases include copying of the domain name owned by somebody else to deceive customers into believing a camouflage website is the corresponding official website. Various preventive measures and policies have been adopted in many countries to resolve such disputes. Taiwan's legal system, however, has not yet taken action to avoid such disputes. Any cases regarding the infringement of domain names can only be handled through negotiation, investigation, and evidence collection. First of all, this paper will introduce the definition of a domain name and then describe the types of infringement may occur in various situations as well as the policies regarding domain name management and protection. This study can serve as a useful reference for Taiwan's legal practitioners and future researchers.

Intellectual property rights in outer space: How can pharmaceutical companies protect COVID-19 vaccine and immunotherapy developments aboard the ISS US national laboratory?

Believing that space pharmaceuticals might be the key to winning the battle against COVID-19, global pharmaceutical companies such as AstraZeneca and Sanofi Pasteur are currently collaborating with the International Space Station National Laboratory (ISS-NL) on research projects aiming to develop vaccine-and-immunotherapy products. The present legal regime for outer space, however, does not provide clear guidelines on safeguarding intellectual property rights (IPRs), due to the difficulties of reconciling the territorial nature of patent law and the nonterritorial nature of space law. Responding to such a legal gap, this research paper argues how pharmaceutical companies can protect such medical innovations by taking into consideration the international principles of space law addressing IPRs and extraterrestrial jurisdiction, as well as the legal regime of the ISS-NL. With the exception of the possibility of the barriers between the two areas of law not being insurmountable, the proposed COVID-19 TRIPS Waiver furthermore impacts space pharmaceuticals' IPRs and commercialization, which leads to the identification of some advantageous forms of agreements, including the Joint Endeavor Agreement, the Space Act Agreement, as well as the Cooperative Research and Development Agreement, for pharmaceutical companies defined as agreement partners with the National Aeronautics and Space Administration. © 2023 John Wiley & Sons Ltd.

Compulsory licensing: an effective tool for securing access to Covid-19 vaccines for developing states?

A significant issue in combatting the Covid-19 pandemic is the need to enhance developing states' access to Covid-19 vaccines. The present paper considers the request for a temporary waiver of intellectual property rights in relation to Covid-19 technologies and treatments submitted to the World Trade Organization and analyses a key argument against the proposed waiver: that the compulsory licensing provisions set out in the TRIPS Agreement are sufficiently flexible to help states get access to vaccines. The compulsory licensing flexibilities set out in TRIPS, including the amendment to TRIPS in Article 31bis, are evaluated, to explore whether compulsory licensing could be an effective tool in helping developing states to access Covid-19 vaccines. Key issues are explored from a human rights perspective to examine whether a rights-based approach to the compulsory licensing provisions could offer further insights as to how the provisions could be more workable, to enhance access to medicines and vaccines for developing states.

A Needle in a Haystack? Human Rights Framing at the World Trade Organization for Access to COVID-19 Vaccines

How and why is implicit and explicit human rights language used by World Trade Organization (WTO) negotiators in debates about intellectual property, know-how, and technology needed to manufacture COVID-19 vaccines, and how do these findings compare with negotiators' human rights framing in 2001? Sampling 26 WTO members and two groups of members, this study uses document analysis and six key informant interviews with WTO negotiators, a representative of the WTO Secretariat, and a nonstate actor. In WTO debates about COVID-19 medicines, negotiators scarcely used human rights frames (e.g., "human rights" or "right to health"). Supporters used both human rights frames and implicit language (e.g., "equity," "affordability," and "solidarity") to garner support for the TRIPS waiver proposal, while opponents and WTO members with undetermined positions on the waiver used only implicit language to advocate for alternative proposals. WTO negotiators use human rights frames to appeal to previously agreed language about state obligations;for coherence between their domestic values and policy on one hand, and their global policy positions on the other;and to catalyze public support for the waiver proposal beyond the WTO. This mixed-methods design yields a rich contextual understanding of the modern role of human rights language in trade negotiations relevant for public health.

The WTO and the Covid‐19 "Vaccine Apartheid”: Big Pharma and the Minefield of Patents

Unequal access to vaccines for the Covid‐19 pandemic, also referred to as "vaccine apartheid,” has marginalized low‐income countries again. In October 2020, India and South Africa proposed a temporary waiver from certain provisions of the TRIPS Agreement for the prevention of Covid‐19 at the World Trade Organization (WTO). An agreement was later reached in Geneva on June 17, 2022. The objective of this article is to analyze the negotiation and agreement reached at the WTO. This article explores the difficulties of creating international public good in the field of public health within the milieu of powerful actors, namely big pharmaceutical companies with vested interests. The central argument of this article is that this agreement alone will not solve the vaccine access problem for low‐income countries. It is too restrictive, does not cover trade secrets and know‐how, production capacity, availability of raw materials, and even adds new limitations that did not exist before. The best option to promote the production of quality vaccines in low‐income countries is to share technology and know‐how on a voluntary basis through production agreements. One way to facilitate the cooperation of large pharmaceutical corporation is to make it easier for low‐income countries to use compulsory licenses. Simplifying the use of this mechanism could help encourage pharmaceutical companies to enter into voluntary licensing agreements. © 2023 by the author(s);licensee Cogitatio Press (Lisbon, Portugal).