Human to machine innovation: Does legal personhood and inventorship threshold offer any leeway?
Wiley Online Library » The Journal of World Intellectual Property
by Ezinne Mirian Igbokwe
3w ago
Abstract Artificial Intelligence (AI) continues to be a powerful tool in the research and development ecosystem. AI computers are invented to assist human invention and also created to invent. Where an AI is created to invent, through self-learning, they can interact with set of data presumably created by humans and as a result, a new patentable invention(s) can emerge. However, where the AI inventors and the resulting inventions sit within the inventorship legal framework, and the theory of legal personhood continues to raise legal and policy questions that challenge some underlying or presum ..read more
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Patents and unjustified threats—Legal solutions in Australia
Wiley Online Library » The Journal of World Intellectual Property
by Evgeny Gugllyuvatyy, Natalie Stoianoff, Shanti Das
3M ago
Abstract While intellectual property laws protect rights holders from infringement of their intellectual property, these laws also protect against abuse of those rights where rights holders unjustifiably threaten competitors with infringement proceedings. The introduction of additional damages for flagrant unjustified threats under the recent Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 (Cth) may benefit an alleged infringer who is not found to have infringed a valid patent. In particular, new section 128(1A) to the Patents Act 1990 ..read more
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Reconciling guardianship with ownership: Protecting taonga plants, Māori knowledge, and plant variety rights in Aotearoa New Zealand
Wiley Online Library » The Journal of World Intellectual Property
by David J. Jefferson
3M ago
Abstract The Plant Variety Rights Act of Aotearoa New Zealand (PVR Act), recently reformed in 2022, adopts new protections for Indigenous relations with native and culturally significant plants, and for traditional knowledge. The Act specifically aims to protect kaitiaki (guardian or caretaker) relationships that Māori have with taonga (treasured, culturally significant) plant species and mātauranga Māori (Indigenous knowledge) in the PVR system. By taking these reforms into account and examining how they may operate in practice, this article considers whether the PVR Act fulfils the constitut ..read more
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Finding nemo: Digital art, tokenised assets, virtual property and the right of communication in copyright law
Wiley Online Library » The Journal of World Intellectual Property
by Eugene C. Lim
4M ago
Abstract The increasing prevalence of immersive technologies and blockchain platforms in modern commerce has ignited animated debates among intellectual property law scholars on the use of nonfungible tokens (NFTs) in the sale of crypto-assets or virtual property. Despite the rapidly growing interest in the implications of NFTs for copyright law, particularly in the realm of digital art, relatively little attention has been given to the question of whether the rights of copyright stakeholders (as opposed to the works in which such rights subsist) are capable of tokenisation as NFTs or of being ..read more
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Issue Information
Wiley Online Library » The Journal of World Intellectual Property
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7M ago
The Journal of World Intellectual Property, Volume 26, Issue 2, Page 115-116, July 2023 ..read more
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Text and data mining exceptions in the development of generative AI models: What the EU member states could learn from the Japanese “nonenjoyment” purposes?
Wiley Online Library » The Journal of World Intellectual Property
by Artha Dermawan
9M ago
Abstract The European Union (EU) text and data mining (TDM) provisions are a progressive move, but the horizon is still uncertain for both generative artificial intelligence (GenAI) models researchers and developers. This article suggests that to drive innovation and further the commitment to the digital single market, during the national implementation, EU Member States could consider taking the Japanese broad, all-encompassing and “nonenjoyment-based” TDM as an example. The Japanese “nonenjoyment” purposes, however, are not foreign to the European continental view of copyright. A similar con ..read more
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Digital user rights and their enforcement: What is the copyright directive asking for?
Wiley Online Library » The Journal of World Intellectual Property
by Jasmin Brieske
9M ago
Abstract Art 17 Directive 2019/790 on copyright and related rights in the Digital Single Market (CDSMD) offers not only a new perspective on service provider liability but also on user rights in the digital sphere of copyright law. The Directive obliges Member States to enable users of online content sharing service providers to assert the use of an exception or limitation before a court or another judicial authority. Hence, art 17 CDSMD foresees a subjective, that is, enforceable, right of the user deriving out of the exceptions and limitations of copyright and related rights. Yet, there is n ..read more
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Patent scenario of COVID‐19 vaccines: A promising analysis and review of innovation and development
Wiley Online Library » The Journal of World Intellectual Property
by Lavanya Madhusoodanan, Patrika Soni, Rahul Sharma, Amit Dubey
10M ago
Abstract Coronavirus disease 2019 (COVID-19), a highly contagious infectious disease caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), has had a devastating effect on world demographics and emerged as a significant global health emergency since the influenza pandemic of 1918. It emphasized the significance of international cooperation in battling SARS-CoV-2 efficiently ever since the discovery and publication of the virus's genome in January 2020. The world took significant steps to combat the disease, ranging from increasing personal protective equipment production and e ..read more
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Copyright Law Protection of films in Nigeria (Nollywood) and South Africa (Sollywood): Pre and post‐Covid‐19 pandemic
Wiley Online Library » The Journal of World Intellectual Property
by Jade Kouletakis, Ayoyemi Lawal‐Arowolo, Nkem Itanyi
10M ago
Abstract The Covid-19 pandemic inflicted socioeconomic harm on an unprecedented scale. Across the world and to varying degrees, cinemas were closed, festivals were cancelled or postponed, and film releases were moved to future dates or delayed indefinitely. In 2020 the entire global theatrical and home/mobile entertainment market totalled $80.8 billion, the lowest figure since 2016 and a decline of 18% from 2019. Theatrical entertainment accounted for only 15% of the total global entertainment revenue, compared to 43% in 2019. While some has been written about the effects of Covid-19 on both i ..read more
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Antisuit injunctions in SEP disputes and the recent EU's WTO/TRIPS case against China
Wiley Online Library » The Journal of World Intellectual Property
by Enrico Bonadio, Nicola Lucchi
10M ago
Abstract The existence of standard essential patents (SEPs)—and the associated litigation—has potentially disruptive consequences for the manufacture, marketing and distribution of complex products that incorporate many patented standards, for example, information and communication technology (ICT) products such as smartphones that incorporate a camera, video, web browser, wireless communications, text messaging, and so on, as well as an increasing number of ‘connected’ Internet of Things products such as wearable devices and ‘smart home’ devices. Indeed, SEP owners may use the patent enf ..read more
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