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.

Lessons from ArriveCAN: Access to Information and Justice During a Glitch

L'application ArriveCAN des services frontaliers du Canada, mandatee durant la pandemie de Covid-19 pour les voyageurs entrant au pays, a commence a envoyer des notifications de mise en quarantaine erronees ¿i certains utilisateurs dans le courant de l'été 2022. Le gouvernement federal a depiste une defaillance a l'origine de l'envoi de ces notifications erronees le 14 juillet 2022, et l'a remediee six jours plus tard. Neanmoins la reconnaissance publique de la defaillance par le gouvernement federal n'a eu lieu que quatre jours plus tard, soit 10 jours entiers apres en avoir pris connaissance. Durant cette periode, 10,200 personnes ont repu l'ordre errone de mise en quarantaine. Ces ordres ne constituaient pas des inconvenients mineurs. Au contraire, ces ordres etaient des restrictions physiques contraignant la mobilite et etaient assujettis aux pénalités maximales de la Loi sur la mise en quarantaine. L'emission d'ordres de quarantaine par une application qui depend de decisions automatisees et l'intelligence artificielle a suscite des soucis majeurs quant a l'utilisation obligatoire de cette technologie par le gouvernement federal. Cet article discute de cet episode du point de vue d'une partie a la recherche de la transparence et responsabilite du processus de decision d'ArriveCAN, et met en relief l'acces a l'information et les questions de justice decoulant de la defaillance, ainsi que la reponse du gouvernement federal. On discute de recommandations pour avancer dans le contexte de l'insistance gouvernementale sur l'utilisation de collecte de donnees obligatoire, la retention, et l'utilisation dans la prise de decisions automatisees et les systemes d'intelligence artificielle.Alternate :In summer 2022, ArriveCAN, Canada's border app mandated during the COVID-19 pandemic for travelers entering the country, began sending certain users erroneous notifications to quarantine. On July 14, 2022, the federal government identified a glitch that was responsible for sending these erroneous notifications and patched it six days later. However, the federal government only publicly acknowledged a glitch was responsible for sending the erroneous orders four days after that - a full 10 days after it had become aware of the problem. During that time, 10,200 people received erroneous quarantine orders. These orders were not minor inconveniences. They were physical restraints on mobility enforced through the maximum penalties of the Quarantine Act. The issuance of mandatory quarantine orders by an app reliant on automated decision-making and artificial intelligence raised elevated concerns about the mandatory use of such technologies by the federal government. This article describes this episode from the perspective of a party seeking transparency and accountability of ArriveCAN's decision-making and highlights the interrelated access to information and justice concerns generated by the glitch and the federal government's response to it. Recommendations are discussed for moving forward in the context of governmental insistence on the use of mandatory data collection, retention, and use in automated decision-making and artificial intelligence systems.

Intellectual Property and Tabletop Games

There is a rich body of literature regarding intellectual property's ("IP") "negative spaces"-fields where creation and innovation thrive without significant formal protection from IP law. Scholars have written about innovation in diverse fields despite weak or nonexistent IP rights, such as fashion design, fine cuisine, stand-up comedy, magic tricks, tattoos, and sports plays. Instead, these fields rely on social norms, first-mover advantage, and other (non-IP) legal regimes to promote innovation in the absence of IP protection. As a comparison to these studies, this Article comprehensively analyzes the role of IP law in facilitating innovation in tabletop gaming, including board games, card games, and pen-and-paper role-playing games. Over the past several decades, the tabletop gaming industry has seen a proliferation of innovation, but there is surprisingly little in the academic literature about IP and tabletop games. IP rights, including patents, copyrights, and trademarks, each protect certain aspects of games, while at the same time being constrained by doctrinal limitations that leave considerable flexibility for others to develop their own games and adapt or improve upon existing ones. There are also numerous examples of user-based innovation in tabletop gaming. This Article concludes by contending that IP rights, as well as their limitations, play a significant role in facilitating the robust innovation presently occurring in the tabletop gaming field.

The social function of intellectual property and government intervention in mitigating the pandemic: A perspective from Indonesia

Indonesia declared Corona Virus Disease 2019 (COVID‐19) a Public Health Emergency based on Presidential Decree No. 11 of 2020 considering the extensive victims and extraordinary impacts. This study analyzes how Indonesia addresses the social function of intellectual property and government intervention in mitigating the pandemic. This study shows that outside the patent waiver provisions, implementation is the key. Indonesian Government has set a strategic framework in accordance with the guidelines of the WHO by simultaneously takes two strategies of vaccine provision and procurement: First, purchasing vaccines from abroad and/or collaborating with national and/or international institutions, Second, the development of ‘Vaksin Merah Putih’ (Red and White Vaccine) independently in the country through a triple helgix synergy involving the government institutions/ministries, universities, and industries. The provision of COVID‐19 Vaccines in Indonesia is free as a form of responsibility and presence of the state. Government is also continuously expanding its public communication network to eliminate vaccine hesitancy. Lastly, Indonesia has adopted the TRIPs Waiver provisions through the Indonesian Patent Law, Government Regulation Number 77 of 2020 concerning Procedures for Patent Implementation by the Government, Regulation of the Minister of Law and Human Rights No. 14 of 2021 concerning Amendments to the Regulation of the Minister of Law and Human Rights No. 30 of 2019 concerning Procedures for Granting a Compulsory Patent License. These regulations will later become the basis for the government, whether it will eventually implement a patent license through a compulsory license system or a government use the patent system not only for the COVID‐19 vaccine but also other essential medicines in mitigating the pandemic.

Space Debris: It's Time to Look Up and Do Something

According to director, writer and producer Adam McKay, the star-studded film was initially conceived as a commentary on the arguably overly politicized climate change debate but, as they began filming during the COVID pandemic, life began to truly imitate art in that health policy often seemed to be dictated by politics.7 In responding to their existential threat, constituencies in the film fall into one of two factions. Like the film's protagonists, we can simply look up, and see that there is much to be fearful of given the inability of the law and politics to keep up with many aspects within the science and technology of space exploration.13 Consider the following timely example of what awaits us while looking up: the Kessler Syndrome, graphically illustrated in the 2013 George Clooney and Sandra Bullock film Gravity.14 In 1978, Donald Kessler described the eponymic Kessler Syndrome as the tipping point scenario wherein destructive collisions between fragments emanating from man-made objects in space become inevitable given the number of discarded debris in Earth's orbit.15 In that film, their particular Kessler Syndrome is kicked off by a Russian anti-satellite missile test on a satellite in low Earth orbit, resulting in an insatiably destructive debris field. In addition to all the operating satellites in orbit, currently, there are more than 8,800 metric tons of space debris in Earth's immediate orbit,20 including an estimated 100 million tiny untraceable pieces.21 Regardless of their size however, each piece of space debris is effectively a supersonic missile capable of causing significant damage.22 According to the European Space Agency (ESA), a collision of just a one centimetre wide particle travelling at 10 km/second will release the same amount of energy on impact as a small car crashing on Earth at 40km/hour.23 In addition to the potential damage to other satellites, rockets and space stations, should they be struck by this debris, there are other actual economic costs associated with space debris. [...]the roles of government in developing, owning, launching and managing satellites has given way to a burgeoning private industry;however, governments still play a decisive role as the market remains relatively small.29 Terrestrial communication, networking, navigational and entertainment systems are all reliant on satellites, and the more satellites that are sent up, including most troubling, new large minsatellite constellations,30 the more likely a catastrophic collision could cause havoc to the aforementioned networks.

Innovation and Technological Management Model in the Tequila Sector in Mexico

Creativity, ideas, and an entrepreneurial attitude are needed to innovate. However, it is also necessary to have practical instruments that allow innovations to be reflected in the company. One of those tools is technology. This research aims to analyze innovation and technology in the tequila industry through Bayesian networks with machine learning techniques. Likewise, an innovation and technology management model will be developed to make better decisions, which will allow the company to innovate to generate competitive advantages in a mature low-tech industry. A model is made in which the critical factors that influence management innovation and technology optimally to generate value translate into competitive advantages. The evidence shows that the optimal or non-optimal management of knowledge management and its various factors, through the causality of the variables, allow the interrelation to be more adequately captured to manage it. The results show that the most relevant factors for adequate management of innovation and technology are knowledge management, sales and marketing, organizational and technological architecture, national and international markets, cultivation of raw materials, agave, and management, use of waste, and not research and development.

The Modern Library: Ramifications of Controlled Digital Lending on Copyright

Tandis que le monde se numerise de plus en plus, les bibliotheques modernisent leurs collections afin de les rendre disponibles en ligne. Au cours de cette transition, elles doivent relever de nouveaux defis en matiere de droit d'auteur et de droit de la propriété intellectuelle. Dans cet article, l'auteur examine les effets sur le droit d'auteur canadien du pret numerique controle utilise par l'Open Library, un projet de l'Internet Archive. L'auteur fait valoir que si la numerisation de la collection d'une bibliotheque constitue, a premiere vue, une violation du droit d'auteur, il est possible d'invoquer avec succes les exceptions garanties aux bibliotheques en vertu de la Loi sur le droit d'auteur, de meme que l'utilisation equitable en general, afin d'etablir une exemption pour la numerisation. En particulier, l'utilisation equitable represente une exception susceptible d'etre applicable au pret numerique controle lorsque les bibliotheques numerisent des ouvrages qui ne sont plus édités ou qui ne sont pas disponibles en version numerique.Alternate :As the world becomes increasingly digital, libraries are modernizing their collections by making them available online. While making this transition, they face novel challenges in copyright and intellectual property law. This article examines the effects of Controlled Digital Lending (CDL) as used by the Internet Archive and its subsidiary, the Open Library, on Canadian copyright Law. It argues that while the digitization of a library's collection is prima facie copyright infringement, the exceptions granted to libraries under the Copyright Act, and fair dealings in general, can be successfully utilized to carve out an exception for digitization. Particularly, fair dealings will be a viable exception for CDL where libraries digitize works that are out of print and do not have digital versions available.

Revisiting Canada's Access to Medicines Regime in Response to COVID-19: A Review of the Legislation and its Underlying Objectives

La pandemie de Covid-19 qui sevit actuellement a mis en lumiere l'importance d'un mecanisme de licence obligatoire axe sur l'exportation pour les pays qui ne possedent pas de capacite manufacturiere interieure. L'article 31bis, qui constitue le premier amendement a l'Accord sur les aspects des droits de propriété intellectuelle qui touchent au commerce (ADPIC) de l'Organisation mondiale du commerce, a pour but de donner effet a la decision du Conseil general de l'Organisation, prise en 2003, en vertu de laquelle l'exigence de licence obligatoire applicable aux marches interieurs a été abandonnee. En 2005, le Canada est devenu le premier pays a modifier ses lois en matiere de brevet pour faire place au Regime canadien d'acces aux medicaments (RCAM) en tant que loi habilitante permettant de mettre en œuvre la decision prise par le Conseil general de l'Organisation en 2003. Le Canada a explicitement decrit son regime comme etant une initiative humanitaire destinee a venir en aide aux pays en developpement qui n'ont pas de capacite manufacturiere suffisante en matiere de medicament ou de vaccin et doivent s'en remettre aux importations pour traiter leurs problemes de sante publique. La legislation etait toutefois mise en peril en raison du desir conflictuel de proteger les interets corporatifs des societes detentrices des brevets. Le RCAM ne peut des lors repondre aux attentes qu'il suscite compte tenu de la multiplication des obstacles, des limites et des exigences reglementaires ajoutes aux exigences de l'article 31bis, lequel est, en soi, trop astreignant pour etre invoque pour les pays dotes de faibles ressources. Dans ce texte exploratoire, l'auteur evalue egalement les efforts deployes par le Canada afin de reformer le RCAM et propose une revision en profondeur du mecanisme de licence obligatoire axe sur l'exportation afin de mettre sur pied une solution de licence unique fonctionnelle et expeditive qui soit a la portee des pays exportateurs et acceptable pour les compagnies de medicaments generiques.Alternate :The current COVID-19 pandemic has highlighted the significance of the export-oriented compulsory licensing mechanism for countries lacking domestic manufacturing capacity. Article 31bis, the first amendment to the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), is aimed at giving effect to the WTO General Council Decision 2003, which waived the domestic market requirement of compulsory licensing. In 2005, Canada became the first country to amend its patent laws to provide for Canada's Access to Medicines Regime (CAMR) as enabling legislation to implement the WTO General Council Decision 2003. Canada clearly described its regime as a humanitarian initiative aimed at helping developing countries that lack sufficient drug and/or vaccine manufacturing capacity of their own and rely upon imports to address their public health problems. The legislation was compromised, however, by the conflicting desire to protect the corporate interests of patentholding corporations. The CAMR system is thus incapable of delivering on its promises because of the unnecessarily added extra layers of complication, restrictions, and regulatory requirements to the requirements of Article 31bis, which is itself too onerous to invoke for resource-poor countries. This research article also evaluates Canada's efforts to reform CAMR and suggests an overhaul of the export-oriented compulsory licensing mechanism to provide a functional and expeditious one-licence solution workable for importing countries and acceptable to generic drug companies.

The quinoa at the time of COVID-19: new coordination between Andean producers. (Agriculture et syst..mes alimentaires face .. la Covid-19.) [French]

Quinoa has been cultivated for millennia in the Andes since its domestication on the shores of Lake Titicaca, between Peru and Bolivia. As a rustic crop of the Andean highlands, it has conquered the international market for less than thirty years. Today, Peru has become the world's leading producer and the majority of its production is exported. Produced locally by small-scale farmers and consumed globally, quinoa reflects the context of the globalization of agriculture and food. The COVID-19 crisis has also affected Peru and it raises questions about the robustness and resilience of export food chains. This opinion article looks back at debates organized in May-June 2020 in Peru. After recalling the general context of the cultivation of quinoa and the link between COVID-19, agriculture and biodiversity, we highlight the links between health crisis, agricultural crisis and food crisis. This global pandemic offers us the opportunity to question the current agricultural models to draw lessons to build the future. The projection of new solidarities through a collective trademark appears to carry a transnational territorial project at Andean level. Accompanying the actors to make it an inclusive development model requires adapted participatory tools.

The Protection Of Brand Rights For The Knitting Manufacturer Industry In The Pandemic Era Of Covid-19 Case Study In Kampung Rajut Binong Jati Bandung Raya

The Protection of Brand Rights has a strategic role in increasing healthy business competitiveness, as well as in the era of the Covid-19 pandemic. Now. Protection of Mark rights is carried out through registration and recording in accordance with the mandate of Law No.16 of 2016 concerning Marks and Geographical Indications. However, this regulation is still not optimal in encouraging the knitting craftsmen of Kampung Rajut Binong Jati Bandung Raya to register their trademark rights for their knitting products. This study aims to determine how the implementation of brand protection for the knitting craftsmen industry in the Covid-19 pandemic era in the Binong Jati village of Bandung Raya. This study uses a normative juridical method. The descriptive research specification of quantitative analysis, by using purposive sampling technique, obtained 12 knitting craftsmen of the knitting village of Binong Jati, Bandung Raya. Data collection techniques using literature study and questionnaires. The results showed that the implementation of Mark protection has not been optimal, it is evident that there are still craftsmen who do not have a Trademark Rights certificate and are registered. There are obstacles to carrying out the registration of trademark rights, including the incomplete understanding of knitting craftsmen in addition to high costs and complicated procedures. This resulted in the low utilization of the Brand License as a potential craftsman through a partnership agreement in the Covid-19 Pandemic era. It is necessary to optimize the socialization related to the meaning and benefits of registration and registration of Mark rights.

PROTECTING FOREIGN INVESTMENT AND PUBLIC HEALTH THROUGH ARBITRAL BALANCING AND TREATY DESIGN

This article analyses the fraught relationship between host States’ obligations under investment agreements and their regulatory powers in the field of public health. First, tribunals addressing the merits of health measures have exercised considerable deference to States under existing treaties. Second, the recent generation of treaties spells out health considerations to encourage respondents or tribunals to adopt broad interpretations of the right to regulate, general exceptions, or article-specific carve-outs. Clauses modelled on GATT exceptions may prove difficult to invoke due to the ‘necessity’ threshold. Finally, the Kyoto Protocol may serve as a model of incentivising private investment in the public health sector.

Quality assessment of honey in three different geographical areas from Republic of Moldova

One of the empirical and image products of the Republic of Moldova is bee honey. Its assortment is due to the variety of landforms, as well as the diversity of flora specific to geographical regions. During the Covid-19 pandemic, domestic consumers had limited access to bee honey. This was caused by the restrictions imposed in order to organize fairs and agricultural markets which are one of the main sources for the purchase of bee products in the Republic of Moldova. At the same time, the analysis of trademarks in supermarkets highlighted the preferences of honey consumption as follows: polyfloral honey-28.57%, lime honey-20.40% and acacia honey-14.28%. In order to evaluate the quality of honey from small producers and highlight the specific characteristics of geographical areas, 60 samples were analyzed that included 3 types of honey: polyflora, sunflower and linden collected from 3 different geographic areas: Soroca area (North), area Ungheni (Center), Stefan Voda area (South). Honey samples were declared harvest of 2020. They were analyzed physico-chemically using methods provided by national and EU standards. The results obtained from the analysis of pollen in honey confirm the botanical origin declared by beekeepers and allowed to highlight the types of pollen specific to each area. Following the determination of qualitative indices: reaction with ethyl alcohol, with resorcinol;insoluble matter, cereal flour, gelatin and starch, it was found that the most inconsistencies were found in linden honey. Some indicators were close to the maximum permissible values specified in regulatory documents. The water content found in the honey samples was quite varied, and ranged from 16.05% +or- 0.11% to 19.89% +or- 0.13%, but these samples were within the limits of the standards. Total acidity ranged from 6.19 +or- 0.13 to 27.20 +or- 0.03 which falls within the established norms (up to 50.00 cm3 NaOH solution in (milliequivalents) per 100 g of honey). According to the SIE Lab space, all samples have a yellowish tint, this is indicated by positive values on the b* axis. However, honey samples from the southern region of Moldova showed the presence of greenish pollen, as evidenced by the reduced values on the a* axis. Our research reveals the quality level of honey from three different areas of the Republic of Moldova and the variation of quality parameters due to factors such as geographical region, climatic conditions, botanical origin and handling or storage conditions.