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Journal articles on the topic 'IP Law Reform'

Author: Grafiati

Published: 2 June 2025

Last updated: 31 July 2025

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1

Lozova, G. M., and I. P. Bagriy. "REFORMING THE INTELLECTUAL PROPERTY SYSTEM OF UKRAINE IN THE CONTEXT OF EUROPEAN INTEGRATION." THEORETICAL AND APPLIED ISSUES OF ECONOMICS, no. 48 (2024): 111–21. http://dx.doi.org/10.17721/tppe.2024.48.11.

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The article investigates the current state and effectiveness of reforms within Ukraine's intellectual property (IP) system in the context of European integration. By analyzing scientific literature and legal regulations, it aims to substantiate recommendations and proposals for further development of the IP system. The primary focus lies on analyzing the IP system and its transformation during Ukraine's European integration process. The article delves into the essence, nature, and key approaches to defining the IP system. Following the ratification of the Association Agreement between Ukraine

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Dr., Pratima Jeggumantri, and Ch. Vijay Mr. "AI's Role in Shaping Intellectual Property: Emerging Trends and Legal Implications." Annual International Journal on Analysis of Contemporary Legal Affairs (AIJACLA) 5 (May 25, 2025): 01–15. https://doi.org/10.5281/zenodo.15513205.

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<em>Artificial Intelligence (AI) is rapidly changing how intellectual property (IP) is created, managed, and protected. As AI technology advances, it raises important questions about the ownership of inventions and creative works made by AI, as well as the role of human creators in these processes. This paper explores the impact of AI on IP law and policy, focusing on the emerging trends that are reshaping the IP landscape. It examines how AI challenges traditional IP concepts, such as authorship and patentability, and the legal implications of AI-generated inventions or artworks. The paper al

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3

Sukarsono, Aditya Sarsito, Heri Fathurahman, Ima Mayasari, and Syamsul Hidayat. "Reconstructing IP office governance dynamically: A literature study." Journal of Infrastructure, Policy and Development 8, no. 12 (2024): 8930. http://dx.doi.org/10.24294/jipd.v8i12.8930.

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Intellectual property (IP) is a crucial issue as it directly impacts economic growth. This research analyzed the dynamic governance reconstruction within Indonesia’s Ministry of Law and Human Rights aimed at transforming it into a world-class Intellectual Property Office (IPO). A systematic review of 20 articles was conducted. The results showed that the Directorate General of Intellectual Property (DGIP) under the Ministry has numerous opportunities to become a world-class IPO. Protecting intellectual works through IP rights enhances inclusiveness, such as ensuring operational freedoms. The I

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Ajibo, Collins C. "Market Exclusivity and the Right to Health in South Africa: A Primer for Tackling the Paradox." Journal of African Law 64, no. 1 (2020): 53–80. http://dx.doi.org/10.1017/s0021855320000029.

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AbstractSouth Africa remains confronted with challenges to the realization of the right to healthcare services, shaped by both national and global dynamics. The proliferation of exclusivity regimes in intellectual property (IP) rule-making poses a threat to affordable healthcare services. Although South Africa is not a signatory to any of these enhanced IP norms, it may still be at risk through transposition, given that the current norm-setting constitutes the future direction of rule-making. These global dynamics are compounded by overly protective measures in South Africa's patent law as wel

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Milani, Alireza, and Amir Ahmadi. "Trade and IPR in Iran: TRIPS Issues and Challenges." Global Trade and Customs Journal 12, Issue 10 (2017): 388–407. http://dx.doi.org/10.54648/gtcj2017052.

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The Iranian government is working to develop its national intellectual property (IP) law to engage with the international IP system, prepare for membership of the WTO, and fulfil its obligations under the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement. Joining the WTO – even at the same level of obligation as current Members – may require a substantial adjustment in national law and corresponding industrial policy. The impact of bringing national law into baseline or ‘normal’ TRIPS Agreement compliance should not be underestimated. Compared to the TRIPS Agreement, Iran

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Maruli, Johnson Sahat Maruli Tua, Eddy Damian, Bernard Nainggolan, Hulman Panjaitan, and Christopher J. Johnstone. "From Failure to Future Reconstructing Intellectual Property in Bankruptcy Law." Journal of Human Rights, Culture and Legal System 5, no. 1 (2025): 279–318. https://doi.org/10.53955/jhcls.v5i1.569.

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In the context of a knowledge-based economy, intellectual property (IP) has emerged as a critical asset for business competitiveness, yet it remains inadequately recognized in Indonesia’s bankruptcy law. Trademarks, copyrights, and patents key components of IP are often excluded from the core bankruptcy estate due to legal ambiguity and the absence of standardized valuation and management procedures. This research aims to reconstruct Indonesian bankruptcy law to better integrate IP as a vital economic asset in insolvency proceedings. Utilizing a descriptive-analytical method with a juridical-n

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Malkawi, Bashar, and Bashayer Almajed. "Treatment of intellectual property in the bankruptcy legal framework of the GCC states." Queen Mary Journal of Intellectual Property 14, no. 1 (2024): 87–100. http://dx.doi.org/10.4337/qmjip.2024.01.05.

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The Gulf Cooperation Council (GCC) states have made a number of efforts to reform bankruptcy laws in recent years. The modernization of bankruptcy law in GCC countries presents the question of how IP assets and bankruptcy proceedings relate and intertwine. Problems for insolvency proceedings centre on valuation. An even more complicated but extremely common scenario is when the IP is licensed. Licensing effectively creates a new ‘sub-bundle’ of rights from the original property rights. Another issue is the classification of a licence and whether it is a property right or a contractual right, o

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Cai, Xiaoqing, Nabeel M. Althabhawi, and Zinatul Ashiqin Zainol. "Intellectual property law reform: Comparative insights and valuable lessons from the experiences of Vietnam, Malaysia, and Mexico within the CPTPP framework." Journal of Infrastructure, Policy and Development 8, no. 14 (2024): 9819. http://dx.doi.org/10.24294/jipd9819.

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The Intellectual Property (IP) chapter of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) is recognized for its extensive coverage, encompassing a broad range of innovation areas such as patents, trademarks, geographical indications, and copyright. This chapter sets a new global benchmark for IP protection, posing significant challenges to the existing legal frameworks of member countries and necessitating rapid adaptation, particularly for developing members like Vietnam, Malaysia, and Mexico. These nations have undertaken comprehensive revisions to their IP

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Feng, Shujie. "The reform of passing off in Chinese Law: effects of the 2017 revision of the Anti-Unfair Competition Law." Queen Mary Journal of Intellectual Property 11, no. 3 (2021): 314–38. http://dx.doi.org/10.4337/qmjip.2021.03.03.

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Confusion, or passing off, is a typical unfair practice recognized internationally, but national laws still differ from each other. Although the Chinese Anti-Unfair Competition Law of 1993 provided a narrow rule on passing off, a rich amount of case law has considerably enlarged its scope of application. The reform of the passing off regime in 2017 was essentially based on case law. This reform consists of four main aspects: expansion of the scope of protectable commercial signs: clarification of the applicability of the passing off rule to registered and unregistered trademarks; the adjustmen

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Nurwati, Nurwati, Radif Khotamir Rusli, Martin Roestamy, and Adi Rahman Nur Ibnu. "Critique of Intellectual Property Law Supervision and Policy: Towards a Structured System in Indonesia." Kosmik Hukum 25, no. 1 (2025): 95. https://doi.org/10.30595/kosmikhukum.v25i1.25148.

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Intellectual property (IP) law plays a crucial role in fostering innovation, creativity, and economic growth by safeguarding intellectual assets such as inventions, trademarks, and artistic works. However, the rapidly evolving technological landscape, globalization, and the rise of digital platforms have exposed significant shortcomings in existing IP legal frameworks. Key challenges include inconsistent enforcement mechanisms, fragmented legal systems, online piracy, and insufficient stakeholder awareness, particularly in developing economies. Despite attempts at reform, IP policies often rem

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Matsumoto, Kei, Christoph Rademacher, and Ayako Suga. "Protecting IP Licenses and Jointly Owned IP in the Age of COVID-19: Insolvency and Force Majeure Events under Japanese Law." GRUR International 70, no. 5 (2021): 463–85. http://dx.doi.org/10.1093/grurint/ikab008.

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Abstract This article provides an overview and discussion of a multitude of issues that are relevant for IP licensing under Japanese law. The authors recap the results of the legislative process that predominantly addressed the IP licensee’s position in the case of a licensor's insolvency, including the 2020 amendment to the Japanese Copyright Act, and examine whether a comprehensive reform of IP licensing regulations in Japan would be preferable to also offering better protection to trademarks, trade secrets and data licensees. Given that Japanese companies often agree on jointly owning IP ge

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Ma, Xiao, and Shujie Feng. "To Increase Damages of Intellectual Property Infringement in China: A Double-Edged Sword for the Market." Journal of World Trade 53, Issue 1 (2019): 39–58. http://dx.doi.org/10.54648/trad2019002.

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TRIPs Agreement encourages WTO members to enhance intellectual property (IP) protection, and developed countries have been pushing developing countries to the high level of protection of IP. However, this is not always good for the market. The damages for IP infringement increased drastically in China in recent years. This has drawn our attention to the application of the Chinese IP laws. This article analysed the rules in Chinese patent, trademark and copyright laws and their application by Chinese courts regarding damages adjudication with most updated legislative documents, statistics, impo

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Sarjansinh, Rana Hiteshvariben, and Anil Jain. "The Role of AI in Intellectual Property Law: Protecting Innovation in the Age of Automation." Royal International Global Journal of Advance and Applied Research 2, no. 4 (2025): 7–9. https://doi.org/10.5281/zenodo.15542602.

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<strong><em>Abstract</em></strong> <em>The rapid advancement of Artificial Intelligence (AI) is reshaping the landscape of intellectual property (IP) law, raising novel challenges and opportunities for protecting innovation in the digital age. This research paper explores the evolving role of AI in the creation, management, and protection of intellectual property, with a particular focus on its implications for existing legal frameworks. As AI systems increasingly contribute to the development of inventions, artistic works, and designs, questions arise regarding authorship, ownership, and the

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Helmers, Christian, Yassine Lefouili, Brian J. Love, and Luke McDonagh. "The Effect of Fee Shifting on Litigation: Evidence from a Policy Innovation in Intermediate Cost Shifting." American Law and Economics Review 23, no. 1 (2021): 56–99. http://dx.doi.org/10.1093/aler/ahab001.

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Abstract We study the effect of fee shifting rules on litigation. First, we build a model to study the theoretical effect of a change in cost-recovery rules on case filings, (postfiling) settlement, win rates, and plaintiffs’ average litigation expenditures. We then undertake an empirical analysis of the introduction of an intermediate cost shifting rule that falls between the English and American Rules: a reform that limits the size of fee awards to successful litigants in cases decided by the Intellectual Property Enterprise Court (IPEC), one of two venues where IP cases may be filed in Engl

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15

Coelho, Karoline Mota, Suzana Boschivier, and Maria Antonieta Couto. "Governmental policies to encourage atenting: a literature review / Políticas governamentais de incentivo ao patenteamento: uma revisão da literatura." Revista Online de Pesquisa : propriedade intelectual 1, no. 2 (2019): 47. http://dx.doi.org/10.9789/2595-9859.2018.v1i2.47-54.

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The amount of patent applications filed each year in the world’s leading patent offices has increasedsignificantly over the past few decades. One of the factors identified as motivating this increase is the government’spolicies to encourage patenting. This paper aims to review some incentive policies adopted around the worldand, mainly, review the history of these policies in Brazil. In this context, the article addressed the Bayh-DoleAct of 1980 in the United States; the reform of Intellectual Property (IP) rights in German Universities in 2002;the financial incentives policy to the national

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16

Dhannjay Singh Pundir, Bindu Jindal, Pranav Ranga, et al. "The Rise of Artificial Intelligence in Intellectual Property Law: Patentability and Copyright Issues." Metallurgical and Materials Engineering 31, no. 4 (2025): 40–43. https://doi.org/10.63278/1394.

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The rise of Artificial Intelligence (AI) is transforming and posing important challenges in the field of Intellectual Property (IP) law regarding patentability and copyright. As AI systems increasingly produce inventions and creative works without human involvement, doubts arise on how suitable the present framework of intellectual property rights-invented to protect human-made innovations-is for such a confused state of AI. This paper develops its line of analysis around the AI implications for patent and copyright laws, checking out if current legal structures are such that they can address

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17

Alexander, Isabella. "CRIMINALISING COPYRIGHT: A STORY OF PUBLISHERS, PIRATES AND PIECES OF EIGHT." Cambridge Law Journal 66, no. 3 (2007): 625–56. http://dx.doi.org/10.1017/s0008197307000694.

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On 6 December 2006, the Gowers Review of Intellectual Property unveiled its much-anticipated report investigating whether intellectual property law was still “fit for purpose in an era of globalisation, digitisation and increasing economic specialisation”. The Review, which had one year in which to cover the entire field of intellectual property law, concluded that there was no need for radical overhaul of the system. However, it did make a number of recommendations for reform and one area it considered to be particularly important was strengthening enforcement of IP rights. In recent years, c

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18

Obinna, Johnkennedy Chukwu 1* Ainakhuagbor Aimiomode. "The Media and Respect for Intellectual Property in Nigeria: Trends, Implications and New Perspectives." MSI Journal of Arts, Law and Justice (MSIJALJ) Volume 2, Issue 2 (2025): 34–42. https://doi.org/10.5281/zenodo.15073028.

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This study examines the trends, implications, and new perspectives on the media's role in promoting respect for intellectual property (IP) in Nigeria. Although the media has been recognized as a significant force in influencing public opinion and upholding cultural norms in Nigeria, its influence regarding intellectual property rights has received little attention. Due to a combination of cultural, technological, and economic variables, intellectual property infringement in Nigeria persists despite established legal frameworks. The study utilised regulation theory. Despite the media's limited

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19

Govaere, Inge. "In Pursuit of an Innovation Policy Rationale: Stakes and Limits under Article 82 TEC." World Competition 31, Issue 4 (2008): 541–56. http://dx.doi.org/10.54648/woco2008044.

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This article addresses the topical question of whether or not one may discern a clear and coherent innovation policy rationale underlying the modernisation process of Article 82 TEC in recent policy statements and practice of the European Commission. From this perspective it first briefly reviews the impact of the Article 82 Review Discussion Paper and considers what modifications could be expected from the Lisbon Reform Treaty if it were to enter into force. In a second step the article gives an appraisal of the stakes posed for the IP–competition debate in Europe by recent cases, such as int

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Erofeeva, Ekaterina V., Daria A. Kotova, and Anna E. Pozdnyakova. "The many faces of anti-competitive practices in digital markets." Pravovedenie 63, no. 4 (2019): 598–624. http://dx.doi.org/10.21638/spbu25.2019.404.

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This article looks at some curious examples of restrictive practices typical for digital markets. Digital markets are a unique phenomenon for the new digital economy that is structurally based on and driven by digital platforms. The largest digital platforms such as Facebook or Amazon and large digital companies such as Google, Microsoft and Apple dominate the digital markets of today and thus have a huge potential to restrict competition in these dynamic markets. This article takes an analytical approach to several restrictive practices that have recently received attention from competition a

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21

Way, Gary. "The NIL Paradox: How Unfettered NIL Rights Will Shrink Student-Athlete Opportunities." Texas A&M Law Review 11, no. 4 (2024): 949–97. http://dx.doi.org/10.37419/lr.v11.i4.5.

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In 2019, California passed the Fair Pay to Play Act which granted student-athletes (“SAs”) attending institutions within the state the right to monetize the use of their name, image, and likeness (“NIL”). That enactment ushered in the most transformative change in college sports since the National Collegiate Athletic Association’s (“NCAA”) decision over 50 years ago to allow freshman eligibility to play varsity football. The California law, coupled with the subsequent Supreme Court decision in NCAA v. Alston, which held that the NCAA’s limitations on education-related SA benefits constituted a

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22

Tverezenko, Olena. "NIPA: Historical Background, Status, and Prospects for Legislative Regulation." Theory and Practice of Intellectual Property, no. 4 (December 10, 2024): 66–76. https://doi.org/10.33731/42024.317236.

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The purpose of this study is to analyze Ukrainian laws concerning intellectual property, with a focus on the legal regulation of the activities of the National Intellectual Property Authority. Additionally, the study aims to develop recommendations for their improvement and systematization to avoid duplication of legal norms in this area.To implement institutional reform within the intellectual property sector, the Law of Ukraine «On Amending Certain Legislative Acts of Ukraine Regarding the Establishment of a National Intellectual Property Authority» was adopted on June 16, 2020. This law int

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Elmahjub, Ezieddin. "Intellectual Property and Development in the Arab World: A Development Agenda for Libyan Intellectual Property System." Arab Law Quarterly 30, no. 1 (2016): 1–33. http://dx.doi.org/10.1163/15730255-12341310.

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Intellectual property (ip) laws in Libya are under revision. The proposed revision will raise the standards of protection and enforcement for ip holders. Policymakers assume that raising the standards of protection can help promote development. This research evaluates that assumption in the Libyan context. It argues that Libya’s level of development requires resisting unnecessary privatisation of knowledge resources thorough ip laws. Libya needs an ip infrastructure that provides an enabling environment for people to capitalise on knowledge resources. This has to be done by adopting several po

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Srivastava, Shitiz. "Screenwriting as Business or Service: An Indian Legal Analysis." International Journal for Research in Applied Science and Engineering Technology 13, no. 6 (2025): 3600–3623. https://doi.org/10.22214/ijraset.2025.72830.

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Screenwriting is not just an art anymore, it is a business as well as a service. The distinction, however, is very subtle and not properly established, and confuses not just screenwriters but also certified professional chartered accountants. Screenwriting is very unique profession in the sense that it occupies both an intersection of creative artistry as well as commercial enterprise. This paper, therefore, examines whether screenwriting is classified as a “business” or a “service” under Indian law. What we focus here is its treatment in several fields of law such as intellectual property (IP

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Zhou, William Chongyang, and Ruicheng Wang. "Intellectual property, institutional dynamics, and firm innovation." Science and Public Policy 47, no. 3 (2020): 299–312. http://dx.doi.org/10.1093/scipol/scaa004.

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Abstract The relationship between intellectual property (IP) and innovation has been discussed extensively in extant literature. However, the dynamic essence of IP as an institutional context, particularly its setback and reversal, has received little attention. Through the lens of institutional dynamics theory, this study identifies four asymmetric categories of IP institutional dynamics: accelerating reforms, decaying reforms, decaying reversals, and accelerating reversals in a typical emerging market, China. Favorable institutional dynamics (i.e. accelerating reforms and decaying reversals)

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Dr., Bhaskar Laxmanrao Lengur, and Kaushik Narayan Save Prof. "The Evolving Landscape Of Ip Law: Addressing The Impact Of Ai And Emerging Technologies." International Journal of Advance and Applied Research S6, no. 13 (2025): 110–16. https://doi.org/10.5281/zenodo.14912882.

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<em>The evolving landscape of intellectual property (IP) law is being significantly reshaped by artificial intelligence (AI) and other emerging technologies. This study explores the legal, ethical, and policy challenges associated with AI-generated works and innovations, highlighting ambiguities in authorship, ownership, and inventor ship. Legal inconsistencies across jurisdictions further complicate enforcement, necessitating international cooperation and adaptive reforms. Ethical concerns regarding AI’s impact on innovation incentives and public access to knowledge require a balanced a

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Farwah, Mahmoud Mohammed Abu. "Saudi Arabia’s Generative AI Strategy: Legal Challenges in Intellectual Property Protection." Journal of Lifestyle and SDGs Review 5, no. 2 (2025): e04873. https://doi.org/10.47172/2965-730x.sdgsreview.v5.n02.pe04873.

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Objectives: This study aims to evaluate Saudi Arabia’s legal framework concerning intellectual property (IP) protection in AI development. It seeks to identify legal barriers to AI training, particularly in copyright law, and propose legislative reforms to enhance innovation while maintaining IP rights. The research aligns with Vision 2030, positioning Saudi Arabia as a leader in AI-driven innovation. Methods: The study employs a comparative legal analysis, examining international models such as the United States, the European Union, and Japan. It assesses Saudi copyright laws related to AI tr

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Mustafa, Cecep, and Rita Komalasari. "INTELLECTUAL PROPERTY IN THE AI ERA: ENSURING EQUITABLE ACCESS TO MEDICAL INNOVATIONS." Indonesia Private Law Review 5, no. 2 (2025): 157–68. https://doi.org/10.25041/iplr.v5i2.4048.

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The integration of Artificial Intelligence (AI) into the medical field has catalyzed groundbreaking innovations in diagnostics, treatment, and drug discovery, but it also presents complex challenges for intellectual property (IP) law. Traditional IP frameworks are increasingly ill-equipped to address issues of ownership, access, and benefit-sharing arising from AI-generated medical inventions. This research examines the limitations of existing IP laws in the context of healthcare AI, with a focus on their impact on equitable access and innovation. Using a literature review methodology, the res

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Chapman, S., P. Alpers, K. Agho, and M. Jones. "Australia's 1996 gun law reforms: faster falls in firearm deaths, firearm suicides, and a decade without mass shootings." Injury Prevention 12, no. 6 (2006): 365–72. http://dx.doi.org/10.1136/ip.2006.013714.

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Chapman, S., P. Alpers, K. Agho, and M. Jones. "Australia's 1996 gun law reforms: faster falls in firearm deaths, firearm suicides, and a decade without mass shootings." Injury Prevention 21, no. 5 (2015): 355–62. http://dx.doi.org/10.1136/ip.2006.013714rep.

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Milogolov, Nikolai. "The Emergence of the ‘Technological Tax Hub’: Digitally Oriented Trajectories of Reforms in Tax Planning Hub Jurisdictions." Intertax 48, Issue 12 (2020): 1105–24. http://dx.doi.org/10.54648/taxi2020112.

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This article contains an empirical analysis of the recent tax developments in five major tax planning hub jurisdictions (the Netherlands, Cyprus, Malta, Singapore, and Hong Kong) by testing their potential for attracting the important parts of the value chain (significant people functions, intellectual property (IP), and the digital infrastructure) in the context of the highly digitalized businesses (platforms, cloud computing, fintech, robotics, and artificial intelligence). The digitalized businesses require relatively less physical substance for the creation of significant economic value. T

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Adv., Mahabalesh K. Patil. "The Legal Frontier: AI-Driven Innovations and the Future of IP Framework." Annual International Journal on Analysis of Contemporary Legal Affairs (AIJACLA) 5 (May 26, 2025): 208–18. https://doi.org/10.5281/zenodo.15521494.

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<em>The rapid advancement of Artificial Intelligence is reshaping industries and redefining legal frameworks, particularly in the realm of Intellectual Property law. The paper examines the intersection of AI and IP rights, focusing on critical issues such as inventorship, authorship, and policy development. AI-generated creations challenge traditional legal concepts, raising questions about ownership, accountability, and liability. Current IP laws, primarily designed for human ingenuity, struggle to accommodate AI-generated works, necessitating urgent legal reforms. The paper categorizes AI-dr

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Ulap Jr., Eduardo. "Sapit System: The Case of Poblacion Norte, Lidlidda, Ilocos Sur, Philippines." E-DAWA: An International Multidisciplinary Research Journal 4, no. 2 (2024): 110–26. https://doi.org/10.56901/vbom4255.

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This study investigated the Sapit System, an indigenous peace treaty practiced by Indigenous Peoples (IP) communities in Poblacion Norte, Lidlidda, Ilocos Sur. Using basic descriptive qualitative and purposive sampling, insights were gathered from 11 barangay officials and Lupon Tagapamayapa members, illustrating the System’s effectiveness in dispute resolution and fostering community harmony. The study’s findings carry important implications for policymakers, local government units, and community development agencies. Integrating indigenous conflict resolution methods like the Sapit System in

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Marchenko, Volodymyr, Alla Dombrovska, and Valerii Prodaivoda. "COMPARATIVE ANALYSIS OF REGULATORY ACTS OF THE EU COUNTRIES ON THE PROTECTION OF INTELLECTUAL PROPERTY IN THE CONDITIONS OF THE USE OF ARTIFICIAL INTELLIGENCE." Public Administration and Law Review, no. 3(19) (September 30, 2024): 44–66. http://dx.doi.org/10.36690/2674-5216-2024-3-44-66.

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The rise of artificial intelligence (AI) has fundamentally challenged traditional intellectual property (IP) frameworks, particularly in the European Union (EU), where regulatory efforts are aimed at balancing innovation with legal protections. AI’s ability to autonomously create, modify, and use IP raises complex questions about authorship, inventorship, ownership, and enforcement, which existing laws were not designed to handle. As EU countries attempt to adapt their legal systems to address these challenges, a comparative analysis of their regulatory acts is essential to understand how diff

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Kolb, S. O. "Legal and institutional changes in the intellectual property system of Ukraine." Analytical and Comparative Jurisprudence, no. 2 (April 28, 2025): 593–601. https://doi.org/10.24144/2788-6018.2025.02.89.

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This article provides a comprehensive analysis of legal and institutional changes in Ukraine’s intellectual property (IP) sector that took place in 2024, with a particular focus on harmonizing national legislation with international standards, including those of the European Union and the World Intellectual Property Organization (WIPO). The study examines key legislative initiatives aimed at improving the legal framework for the registration, protection, and use of intellectual property objects, as well as reforming administrative procedures to enhance their efficiency and transparency. Specia

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Zain, Ayman, A. Nasir Yousuf Abdel Kareem, Okba Kazar, and Souad Ezzerouali. "The Legislative Gap for Copyright in the Era of Generative AI: Where do We Stand in Achieving Sustainable Development Goals?" Journal of Lifestyle and SDGs Review 5, no. 4 (2025): e06057. https://doi.org/10.47172/2965-730x.sdgsreview.v5.n04.pe06057.

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Objective: This study examines legislative gaps in copyright protection for AI-generated content, focusing on authorship, originality, and intellectual property rights. It evaluates current legal frameworks and proposes solutions to align them with sustainable development goals. Theoretical Framework: Grounded in copyright law principles, particularly the Berne Convention and regulations in the EU, China, and the U.S., the study analyzes how different jurisdictions handle AI-generated works. Methodology: Using analytical, comparative, and case study methods, the research assesses legal inconsi

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Singh, Sahibpreet, Manjit Singh, and Siddharth Singh. "Comparative Analysis of Legal Challenges Faced by Startups in India and Bangladesh: The Way Forward." Educational Administration: Theory and Practice 30, no. 2 (2024): 1279–88. https://doi.org/10.53555/kuey.v30i2.6603.

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This article carries out a comparative study to show legal problems faced by startups in India and Bangladesh, two countries where startups are also seen as an important socio-economic force. It examines the legal complications that come with regulatory uncertainty, compliance burdens, intellectual property protection, taxation, contract enforcement, data privacy, consumer protection and access to finance and markets in both jurisdictions. The Startup India initiative in India gives broad definition of startups and grants various benefits to them but still they face regulation and compliance p

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Revolidis, Ioannis. "NFTs and the Legal Landscape -A New Frontier in Intellectual Property, Digital Ownership, Financial Crime, Collective Organisations and Consumer Protectio." International Journal of Law in Changing World 2, no. 3 (2023): 1–2. http://dx.doi.org/10.54934/ijlcw.v2i3.65.

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In the ever-evolving digital landscape, Non-Fungible Tokens (NFTs) have emerged as a disruptive force, challenging the traditional paradigms of digital asset ownership and control. As Fortnow and Terry aptly highlight, NFTs seek to redefine the relationship between creatives, users, and digital artwork, a relationship historically dominated by powerful online intermediaries operating under the access model [1].The prevailing access model, underpinned by a blend of technological, legal, and market dynamics, has largely curtailed the ability of creators and individual internet users to exert mea

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Shabalin, Andrii. "Procedural issues of applying to the court for the protection of intellectual property rights." Theory and Practice of Intellectual Property, no. 2 (July 6, 2021): 46–55. http://dx.doi.org/10.33731/22021.236553.

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Keywords: protection of intellectual property, court, EPC of Ukraine, CPC of Ukraine, European Court of Human Rights This scientific article explores the proceduralissues of going to court in case there is a violation of intellectual property rights. Inthe process of scientific research, the issues of jurisdiction in court cases on violationof intellectual property rights have been analyzed, the legal features of jurisdiction inlawsuits for violation of intellectual property rights have been determined, requirementsfor the content of a legal claim. Based on analysis of the economic proce

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Boscheck, Ralf. "Patent Trolls: In Search of Efficient Regulatory Standards." World Competition 39, Issue 1 (2016): 67–84. http://dx.doi.org/10.54648/woco2016005.

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Current concerns about the growth of patent assertion entities (PAEs) are typically related to their presumed anti-competitive behaviour and negative impact on innovation in product and technology markets. Regulators, required to balance the legitimate interests of patent holders and licensees, call for evidentiary standards to efficiently appraise, and for the purpose of policy formulation, prejudge the reasonableness and welfare consequences of these undertakings. And yet, recent economic analyses still seem far from offering operational criteria that could translate into enforceable, let al

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Brosinger, Maximilian, Oliver Fischer, Alfred Frueh, Thomas Jaeger, and Manuela Postl. "IP Law Reform and the Treaty of Lisbon." SSRN Electronic Journal, 2008. http://dx.doi.org/10.2139/ssrn.1340861.

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Huang, Can, Cong Cao, and Wim Coreynen. "Stronger and more just? Recent reforms of China’s intellectual property rights system and their implications." Asia Pacific Journal of Innovation and Entrepreneurship, December 18, 2023. http://dx.doi.org/10.1108/apjie-04-2023-0081.

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Purpose Since 2015, China has made efforts to reform its intellectual property rights (IPR) system to better protect and stimulate innovation. These reforms are a result of the demand for more stringent intellectual property (IP) protection from China’s domestic, innovative industries and a measure to ease the pressure exerted by its foreign trading partners, particularly against the background of the US-China trade dispute that started at the beginning of 2018. This paper summarizes these reforms and their implications. Design/methodology/approach This paper combines a variety of sources, inc

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Fossum, Dave. "Legal Consciousness and Cultural Intimacy in Turkey’s Intellectual Property Reform." Law & Social Inquiry, April 8, 2025, 1–31. https://doi.org/10.1017/lsi.2025.18.

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Abstract The Turkish state long enforced intellectual property (IP) rights only loosely. Then, in the 1980s and 1990s, market liberalization and trade agreements drove an overhaul of the country’s copyright regime that transformed musical ownership and creativity, though music copyright stakeholders view this legal reform as ongoing. This article builds on existing accounts of legal consciousness to ethnographically document how a range of music industry actors—including legal professionals, musicians, music industry executives, and commercial users of copyrighted music—participate in IP refor

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Baldini, Gianfranco. "The Campaign for an Electoral Law Referendum and the Prospects for Reform." Italian Politics 23, no. 1 (2008). http://dx.doi.org/10.3167/ip.2007.230107.

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Okorie, Chijioke. "Intellectual Property and the Constitutional Court of South Africa: Lessons from the Deployment of Adjudicative Strategies." IIC - International Review of Intellectual Property and Competition Law, November 7, 2023. http://dx.doi.org/10.1007/s40319-023-01397-6.

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AbstractThe Constitutional Court of South Africa recently handed down its fourth decision so far in the field of intellectual property. These decisions came against the backdrop of reforms and reform proposals concerning intellectual property rights in South Africa. These reforms and reform proposals were prompted by the need to establish intellectual property laws that are attuned to South Africa’s local context and needs, while complying with South Africa’s international treaty obligations. Parallel to South Africa’s policy and legislative agenda, this paper recognises these four decisions (

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Leistner, Matthias, and Lucie Antoine. "IP Law and Policy for the Data Economy in the EU." Economics 17, no. 1 (2023). http://dx.doi.org/10.1515/econ-2022-0043.

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Abstract The current policy vision for Europe’s digital future centres around facilitating the availability of data by means of data access, sharing, and portability rights. In the existing legal framework, such rights are already foreseen in different legal instruments. In actual practice, however, (horizontal) data sharing is governed in the first place by contracts. Currently, well-established business practices and non-mandatory model contract terms are lacking. To reduce transaction costs and chilling effects in the sector, the main task would therefore be to provide a set of non-mandator

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Ghidini, Gustavo. "Diverging Approaches to Intellectual Property and a Reform Proposal Prompted by AI." GRUR International, March 3, 2025. https://doi.org/10.1093/grurint/ikaf026.

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Abstract This article aims at reconstructing historic divergences between juris-political approaches to IP legislation, scholarship and jurisprudence. It is a tale of two IPs. On the one side, ‘protectionist’ trends focus on expanding both the area and scope of exclusive rights, on the other, ‘reductionist’ trends balance the protection against free riding with the need to preserve dynamic competition and social access to culture. Protectionist features of EU legislation are discussed, also as examples of wider trends ultimately embodied in the TRIPS Agreement. Such features are historically r

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Dhanamanjuri, Lairenjam. "Intellectual Property Ownership in Consultancy by Retired Professionals: Legal Frameworks, Judicial Precedents, and Reform Imperatives in India." International Journal For Multidisciplinary Research 7, no. 3 (2025). https://doi.org/10.36948/ijfmr.2025.v07i03.47665.

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The increasing engagement of retired professionals in consultancy roles within academia, public sector undertakings, and research institutions in India raises complex issues surrounding intellectual property (IP) ownership. This article critically analyzes the existing legal frameworks governing IP rights in consultancy by retired experts, focusing on the interplay between contract law, employment doctrines, and IP statutes. Judicial precedents and statutory provisions reveal significant ambiguities that create enforcement challenges for both creators and institutions. A comparative review of

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Delacroix, Sylvie. "Sustainable Data Rivers? Rebalancing the Data Ecosystem That Underlies Generative AI." Critical AI 2, no. 1 (2024). http://dx.doi.org/10.1215/2834703x-11205224.

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Abstract The salient concern, today, is not whether copyright law will “allow robots to learn.” The pressing question is whether the exploitation of the data ecosystem that has made generative AI possible can be made socially sustainable. Just as the human right to water is only possible if reasonable use and reciprocity constraints are imposed on the economic exploitation of rivers, so is the fundamental right to access culture, learn, and build upon it. To restore this right to its proper place within the balancing act IP law is supposed to enable demands fundamental legal reform. This artic

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M., G. Cattaneo. "Intellectual Property Rights and Health Rights: A Feasible Reform Proposal to Facilitate Access to Drugs in Developing Countries." June 1, 2017. https://doi.org/10.5281/zenodo.1131729.

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The non-effectiveness of certain codified human rights is particularly apparent with reference to the lack of access to essential drugs in developing countries, which represents a breach of the human right to receive adequate health assistance. This paper underlines the conflict and the legal contradictions between human rights, namely health rights, international Intellectual Property Rights, in particular patent law, as well as international trade law. The paper discusses the crucial links between R&D costs for innovation, patents and new medical drugs, with the goal of reformulating the

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