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.

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.

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.

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).

Patent Waiver on Covid Vaccine: Access for all or Global Supply Crisis?

The Coronavirus disease 2019 or COVID-19, pandemic has transpired disastrous effects in the world in multiple forms ranging from the high death tolls to the steep fall in global economy. Even so, it had managed to provide a silver lining in the form of unanimity of researchers from several disciplines, who united to contribute blood, sweat and tears to present to the world the miracle of science-vaccines. One can only imagine the extent of investment which has gone into development of the few vaccines we have today. In fact the research continues to be in full swing, with the hope and zest to better. While every country fights the pandemic with vigor, it is the pharmaceutical R&D which is expected of breakthrough discoveries as a solution. Where the pressure to succeed is tremendous, millions invested and no option to fail is it not justified to expect and deserve patent for the same. This paper will dwell into the justification of patent over Covid-19 vaccines, the ongoing debate over patent waiver and analyze whether the waiver will in fact facilitate greater access and affordability of vaccines or prove to be an impediment for global supply. © 2022, National Institute of Science Communication and Policy Research. All rights reserved.

The role of civil society in mobilizing human rights struggles for essential medicines: a critique from HIV/AIDS to COVID-19. (Special Issue: COVID-19 vaccine equity and human rights.)

In this paper, we explore the strategies utilized by civil society organizations to improve access to medicines during the HIV/AIDS and COVID-19 health crises. In particular, we seek to illuminate why some of the successful approaches for increasing access to antiretrovirals for HIV/AIDS in the early 2000s failed in creating equitable global access to COVID-19 vaccines. While civil society has historically mobilized human rights to facilitate greater access to essential medicines, we argue that earlier strategies were not always sustainable and that civil society is now mobilizing human rights in radically different ways than previously. Instead of focusing chiefly on securing an intellectual property waiver to the TRIPS Agreement, civil society organizations are now challenging vaccine injustice, rejecting the "charity discourse" that fuels Global South dependency on Global North actors in favor of scaling up manufacture in low- and middle-income countries, and moving to embed the right to access medicines in a new World Health Organization pandemic treaty with civil society organization participation and meaningful representation from low- and middle-income countries. Such approaches, we contend, will lead to more sustainable solutions in order to avert further health care disasters, like those seen with two distinct but related struggles-the fights for equitable access to essential medicines for HIV/AIDS and for COVID-19.

The impact of knowledge management on intellectual property risk prevention: analysis from China's strategic emerging industries

Purpose: Because of the globalization of the knowledge economy, intellectual property (IP) rights have become an important tool for maintaining market leadership and controlling emerging market shares. This paper aims to identify the IP risks that China's strategic emerging industries face in the process of knowledge management in the post-COVID-19 pandemic era seeking to minimize these risks and reduce unnecessary losses. Design/methodology/approach: Based on an analysis of the current situation in China's strategic emerging industries, this paper qualitatively organizes the various types of IP risks faced by China's strategic emerging industries in their development with knowledge creation, knowledge transfer and knowledge application. This paper further analyzes the factors triggering the risks and proposes endogenous and exogenous IP risk-prevention strategies for China's strategic emerging industries from the perspective of knowledge management. Findings: Adopting a knowledge management perspective, this paper identifies three main intellectual property risks in the knowledge creation, transfer, application processes of knowledge management for China's emerging industries, including infringement risks related to independent innovation, leakage risks related to international cooperation and ownership risks related to technology transfer. Research limitations/implications: Based on the entire technology–product–application process and from a knowledge management perspective, the IP risks in the development of China's strategic emerging industries are comprehensively elaborated in this paper, providing a theoretical basis for avoiding IP risks that is also widely applicable to other knowledge-intensive industries. Originality/value: This paper explicates the IP risk faced by China's strategic emerging industries in each step of the knowledge management process and suggestions from knowledge management strategy, tools and implementation support mechanism holds promise for business, industry and government IP risk prevention are elaborated specially to promote the development of China's strategic emerging industries. On the one hand, this paper expanded the research on knowledge management by exploring the relationship between knowledge management and intellectual property rights variables. On the other hand, the findings have practical significance for the stable, long term and efficient development of strategic emerging industries in China as well as other knowledge-intensive industries. Empirical analyses on this subject are suggested for future studies. © 2022, Emerald Publishing Limited.

Protection of intellectual property and human rights during health emergencies: an assessment of the patent waiver proposal

Purpose: Several countries, such as South Africa and India, believe that intellectual property rights (IPRs), including patents, impede the efficient increase in vaccine production to inoculate the global population as they scramble to recover from the COVID-19 pandemic. Their proposal at the World Trade Organization (WTO) to waive these pharmaceutical patents has been met with resistance from a few developed countries, who believe that the abrogation of IPRs is unnecessary, even during a pandemic. The purpose of this paper is to discuss the impact of a potential waiver of medical patents at the WTO versus the status quo of IPR laws in the global economy. Design/methodology/approach: This study examines key arguments from economic and moral standpoints regarding the provisions of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement and other related international agreements and their validity based on the premise of the internalisation of positive externalities posed by vaccines. Findings: The effectiveness of the TRIPS agreement in securing medical access is weak on account of the ability of profit-making multinationals to secure IP rights and on account of the Trans-Pacific Partnership, a multilateral agreement that supports patent evergreening and a period of protection on test data which challenges the access to medicines and the fundamental human right to health. Originality/value: This study examines international IPRs through the lens of human rights and proposes a new system that balances the two. © 2022, Emerald Publishing Limited.

The Legality of a Trips Waiver for Covid-19 Vaccines under International Investment Law

This article assesses the arguments and challenges that are likely to arise should investors file an investor-State dispute settlement (ISDS) claim over measures taken in response to a waiver of obligations relating to intellectual property rights (IPRs) under the World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). After providing an overview of the proposed waiver of IPRs for COVID-19 vaccinations and treatments, it examines the jurisprudence relating to IP and investor-State arbitration and the grounds upon which investors would rely to make a case in ISDS and possible State defences. The analysis, which focuses on fair and equitable treatment and expropriation, concludes that it will be difficult for investors to succeed in claiming that measures taken in response to a TRIPS waiver of IPRs breach any substantive protection provision contained in an international investment agreement. States should, however, seek additional security by revisiting existing treaties and adding additional layers of safeguards to ensure legitimate and non-discriminatory measures taken in response to a TRIPS waiver do not lead to investor claims.

Lessons learned

The impact of for-profit pharmaceutical firms and charitable organizations on world health policy has been made clear by the COVID-19 pandemic. Despite criticism from poor nations and rising opposition from influential players in wealthy countries, private actors have been able to uphold the norm of intellectual property rights. This article looks at how private actors have used their financial resources, subject matter expertise, and discursive influence to defy government directives. In order to lessen biased public health outcomes, it explores the effects of their expanding influence on global governance on public health and makes some policy suggestions. During the COVID-19 epidemic, private businesses and charitable groups have been instrumental in advancing intellectual property rights. Private actors are better positioned to influence public opinion and the global health agenda thanks to their massive monetary resources, capacity for rapid mobilization, state-of-the-art technological know-how, and public relations prowess that far outpace public health institutions. Without adequate checks and balances, the rising power of private players not only results in the for-profit corporations serving as the primary norm-setters in the global health ecosystem, but it also increases inequalities across nations.

Intellectual property versus health care

There are various challenges that must be overcome before the COVID-19 epidemic may be contained on a worldwide scale. The protection of one's intellectual property is of the utmost importance. Instead of ultimately addressing this issue in the current health emergency, many actors in industry and politics are persistently refusing to accept any modification of patent rights. This is despite the fact that the issue is a public health emergency. This article discusses the role that patents play in the health care industry and how they have become a barrier to the widespread protection of public health during a pandemic emergency, particularly in the development of vaccines.

BeSharing: A Copyright-aware Blockchain-enabled Knowledge Sharing Platform

In response to the coronavirus pandemic, COVID-19, the use of online media and teaching tools has soared, leading to rampant cheating and plagiarism. To provide a better online environment, A copyright-aware Blockchain-enabled Knowledge Sharing platform named as BeSharing, enables students to share part of their assignments or ideas without the worry of being plagiarized. Thanks to blockchain technology which ensures the safety of encrypted shared files and the immutability of the shared records, the intellectual property rights of students can be protected whenever plagiarism issues occur. At present, we have released the platform with the realization of relevant functions and finished the alpha test. We believe this platform has great potential to foster collaboration among students while protecting their ideas. © 2022 IEEE.

The impact of knowledge management on intellectual property risk prevention: analysis from China’s strategic emerging industries

Purpose: Because of the globalization of the knowledge economy, intellectual property (IP) rights have become an important tool for maintaining market leadership and controlling emerging market shares. This paper aims to identify the IP risks that China’s strategic emerging industries face in the process of knowledge management in the post-COVID-19 pandemic era seeking to minimize these risks and reduce unnecessary losses. Design/methodology/approach: Based on an analysis of the current situation in China’s strategic emerging industries, this paper qualitatively organizes the various types of IP risks faced by China’s strategic emerging industries in their development with knowledge creation, knowledge transfer and knowledge application. This paper further analyzes the factors triggering the risks and proposes endogenous and exogenous IP risk-prevention strategies for China’s strategic emerging industries from the perspective of knowledge management. Findings: Adopting a knowledge management perspective, this paper identifies three main intellectual property risks in the knowledge creation, transfer, application processes of knowledge management for China’s emerging industries, including infringement risks related to independent innovation, leakage risks related to international cooperation and ownership risks related to technology transfer. Research limitations/implications: Based on the entire technology–product–application process and from a knowledge management perspective, the IP risks in the development of China’s strategic emerging industries are comprehensively elaborated in this paper, providing a theoretical basis for avoiding IP risks that is also widely applicable to other knowledge-intensive industries. Originality/value: This paper explicates the IP risk faced by China’s strategic emerging industries in each step of the knowledge management process and suggestions from knowledge management strategy, tools and implementation support mechanism holds promise for business, industry and government IP risk prevention are elaborated specially to promote the development of China’s strategic emerging industries. On the one hand, this paper expanded the research on knowledge management by exploring the relationship between knowledge management and intellectual property rights variables. On the other hand, the findings have practical significance for the stable, long term and efficient development of strategic emerging industries in China as well as other knowledge-intensive industries. Empirical analyses on this subject are suggested for future studies. © 2022, Emerald Publishing Limited.

From Necessity to Flexibility: A Reflection on the Negotiations for a TRIPS Waiver for Covid-19 Vaccines and Treatments

This article critically examines the proposed waiver of intellectual property (IP) rights for COVID-19 vaccines under the World Trade Organization Agreement's Trade-Related Aspects of Intellectual Property Rights (TRIPS), which was initiated in October 2020 when the pandemic raged and vaccines were unavailable. However, the landscape has now changed and the waiver may no longer be necessary. The Outcome Document, introduced in the TRIPS Council in May 2022, along with Ministerial Decision of June 2022 recognizes this by focusing on easing the requirements to use TRIPS-flexibilities to accomplish wider and cheaper access. In so doing, the Ministerial Decision reinforces the notion that TRIPS flexibilities can be a useful part of the policy toolkit, even in times of crisis. After providing an overview of the context and outlining justifications for the waiver proposal, the article analyses and identifies key implications and possible effects of the Ministerial Decision. The article concludes that while the Document may not be a perfect solution to the issue of access to vaccines, flexible application of TRIPS-flexibilities is a better resolution in the current environment, especially given the need for further innovation to combat COVID-19 and future pandemics.

3D Printing, Intellectual Property Rights and Medical Emergencies: In Search of New Flexibilities.

The COVID-19 pandemic has exponentially accelerated the use of 3D printing (3DP) technologies in healthcare. Surprisingly, though, we have seen hardly any public intellectual property right (IPR) disputes concerning the 3D-printed medical equipment produced to cope with this crisis. Yet it can be assumed that a great variety of IPRs could potentially have been enforced against the use of various items of equipment printed out without express consent from IP holders. Many reasons might have motivated IP owners not to enforce their rights during the pandemic, such as the fear of acquiring a bad reputation during a declared situation of national emergency. There is no internationally recognised general exception to IPR enforcement for health emergencies, while several - sometimes ineffective - tools, like compulsory licensing, voluntary licensing arrangements and potential TRIPS waivers, have been considered or used to facilitate access to and the distribution of innovations in critical situations. During the COVID-19 emergency, this has meant that the 3DP community has been operating in a state of relative uncertainty including with regard to the risks of IP infringement. This study contextualises these issues for pandemic-relevant 3DP. Building upon experience gathered during the COVID-19 pandemic, we look to the future to see what novel mechanisms within the IPR system could provide the additional flexibility required for dealing more smoothly, with the help and support of digital technologies, with situations such as global health emergencies.