Search Results (51)

This paper critically analyses the application of the trademark dilution doctrine under Jordanian trademark law, exposing fundamental deficiencies arising from statutory ambiguity and inconsistent judicial interpretation. The indeterminate definition of a “well-known” trademark in the second section has led to an indiscriminate classification of foreign marks as inherently well-known, resulting in courts extending automatic dilution protection without a rigorous evidentiary assessment. This practice fosters an implicit presumption favouring foreign trademark holders, potentially disadvantaging domestic marks that may not receive commensurate protection, thereby undermining the principle of equitable trademark enforcement. This paper argues for a systematic recalibration of Jordan’s dilution framework. A comparative analysis of the well-established dilution doctrines in the United States and European Union identifies jurisprudential best practices that could enhance the doctrinal coherence and judicial application of dilution protection in Jordan. Furthermore, drawing on the WIPO Joint Recommendation as a normative foundation, the paper proposes legal reforms to rectify inconsistencies, ensuring a more balanced and principled approach to trademark dilution. We argue that aligning Jordan’s legal framework with international standards strengthens the discourse on harmonising intellectual property law and ensuring equitable trademark protection in emerging markets. Full article

Traditional intellectual property authentication relies on centralized intermediaries, which makes it difficult to address issues such as forgery, lack of trust, and opaque information. Combined with the characteristics of blockchain, such as decentralization, tampering, and traceability, these challenges can be effectively dealt with. Aiming at the shortcomings of traditional consensus algorithms in intellectual property authentication, such as high communication overhead and low efficiency, the improved PBFT (Practical Byzantine Fault Tolerance) algorithm (MBFT algorithm) is proposed and combined with the distributed database IPFS (Inter Planetary File System) to alleviate the pressure of blockchain data storage and enhance operational efficiency. The algorithm first adopts the evaluation system in the hierarchical mechanism, invokes the Fibonacci series incremental law to update the Score value of the nodes and sort them, and divides the nodes into the classification consensus layer, the consensus confirmation layer, and the supervision layer. Secondly, the Maglev algorithm is used to generate a lookup table and design a classification consensus strategy, which is divided into four consensus groups based on the characteristics of intellectual property categories, namely, the patent authentication consensus group, the trademark authentication consensus group, the copyright authentication consensus group, and the other types of authentication consensus group. Then, the algorithm optimizes the consistency protocol, carries out PBFT consensus once in each of the classification consensus layers and consensus confirmation layers, according to the consensus situation, and realizes the nodes’ dynamic update to ensure the consensus’s accuracy and reliability. The experiments show that the MBFT algorithm performs better in terms of communication complexity and throughput. As the number and size of files increase, the execution time of IPFS progressively lengthens. However, the overall performance still meets the actual demand. Compared with the traditional PBFT, MBFT improves the communication complexity by about 50% or more, the throughput is about 3 times the traditional PBFT, and the scalability and response speed of the system are significantly improved when the number of nodes increases. Full article

The objective of this research is to examine the role of intellectual property (IP) in fostering business development, particularly focusing on patent management in Ecuador and its alignment with international standards. The study employs a comparative analysis of Ecuadorian legislation against the framework established by the World Intellectual Property Organization (WIPO) to identify challenges and opportunities within the national IP system. Key methods include reviewing existing legal texts, interviewing stakeholders, and analyzing patent registration processes. The findings indicate that while Ecuador has made significant strides in harmonizing its IP laws with international treaties, such as the Patent Cooperation Treaty (PCT) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), considerable barriers remain, particularly related to bureaucratic inefficiencies and a lack of technical resources in key institutions like the National Service of Intellectual Rights (SENADI). The conclusions highlight the need for enhanced efficiency and implementation of IP regulations to stimulate sustained innovation growth, attract national and foreign investments, and, ultimately, strengthen Ecuador’s competitiveness in a global economy. This research contributes to the understanding of how effective IP management can serve as a vital tool for economic development and innovation. Full article

Bioprinting, an innovative combination of biotechnology and additive manufacturing, has emerged as a transformative technology in healthcare, enabling the fabrication of functional tissues, organs, and patient-specific implants. The implementation of the aforementioned, however, introduces unique intellectual property (IP) challenges that extend beyond conventional biotechnology. The study explores three critical areas of concern: IP protection for bioprinting hardware and bioinks, ownership and ethical management of digital files derived from biological data, and the implications of commercializing bioprinted tissues and organs. Employing a multidisciplinary approach, the paper analyzes existing IP frameworks, highlights their limitations when applied to bioprinting, and examines ethical dilemmas, such as ownership of bioprinted human tissues and the commodification of biological innovations. Findings suggest that current IP laws inadequately address the complexities of bioprinting, particularly in managing the intersection of proprietary technologies and ethical considerations. The study underscores the need for adaptive legal and ethical frameworks to balance innovation with equitable access and sustainability. Recommendations include the development of tailored IP policies for bioprinting and enhanced international collaboration to harmonize legal protections across jurisdictions. This work aims to provide a comprehensive foundation for stakeholders to navigate the rapidly evolving landscape of bioprinting IP. Full article

This paper examines the influence of green innovation on the sustainable development performance of Chinese companies listed on the Shanghai and Shenzhen A-shares market between 2010 and 2021. Utilizing manually collected green innovation patent data from the National Intellectual Property Administration, this paper finds that green innovation can enhance corporate sustainable development performance by improving the corporation’s reputation and increasing resource utilization efficiency within metropolitan areas. Heterogeneity analyses show that the impact of green innovation on sustainable development performance is more pronounced when the urban commercial credit environment is better, following the enactment of the new Environmental Protection Law, and during the implementation of digital transformation processes in cities. This paper enriches the research related to the economic consequences of green innovation and the influencing factors of sustainable development performance, offering theoretical support for policy refinement by regulatory authorities and the optimization of investment decisions by investors. Full article

Canada’s world-renowned banking sector is well- regulated, capitalized and one of the world’s most stable. It meets the essential pre-conditions for intellectual property (IP) finance methods such as a strong IP regime and a pool of firms with registered trademarks. In 2018 Canada launched its National IP Policy followed by certain IP finance initiatives led by the Canadian Business Development Bank (BDC) in 2019. However, it is not well understood how the Canadian Constitution structures economic relations. Certain longstanding federal and provincial issues remain to be addressed if trademark-backed finance is to become part of mainstream commercial lending in Canada. This article contributes to the nascent academic interdisciplinary trademark law and finance literature. An in-depth literature review highlights the existing gaps between the Canadian federal and provincial legal frameworks that govern security interests in trademarks, and market needs. The traditional legal research methodology evaluates the impact of relevant case law, public policies and law practice, adopting finance, economic and IP rights theory perspectives. A digital shared ledger system technology law solution is proposed to enhance registration of security interests with the aim of making trademark finance in Canada more effective and efficient. This article is foundational in the sense that it paves the way for recommendations for new policies with a view to normalising trademark-backed debt finance processes in Canada. Full article

This paper examines the intellectual property (IP) challenges introduced by 3D printing, a transformative technology enabling widespread innovation, but also raising critical legal questions. It focuses on three main areas: (1) IP issues associated with 3D printing hardware, (2) copyright and licensing complexities related to downloadable 3D files, and (3) IP concerns for commercialized 3D printed items. Through a comprehensive review, the paper highlights how existing IP frameworks struggle to keep pace with the flexibility and accessibility inherent in 3D printing. Proposed solutions, such as blockchain for secure design tracking and enhanced digital rights management (DRM), point towards a more controlled future for digital design protection. Additionally, the study underscores the need for international cooperation to harmonize IP laws, facilitating more effective cross-border enforcement. This work aims to contribute to the ongoing dialogue on IP rights in 3D printing, proposing adaptive strategies to support legal clarity while fostering technological advancement. Full article

This study represents an attempt to establish the ethics of artificial intelligence in light of the second legislative source in Islam: the Sunnah of the Prophet. This study adopted the descriptive, analytical, and deductive approach through content analysis based on inferences from the Prophet’s hadiths with the aim of clarifying the underlying approach to these ethics in light of this. It concluded with a set of ethics related to artificial intelligence, which were rooted in the light of the Prophet’s Sunnah in a way that ensures its correct and disciplined use and achieves the integrity of the desired means and goals. These ethics were represented in the legitimacy of design and function; neutrality and impartiality; safety, control, and responsibility; respect for privacy; setting codified systems and regulations; environmental sustainability; respect for individual, institutional, and intellectual property; consideration of humanity; and achieving balance. The research established its roots in the honorable Sunnah of the Prophet and in light of the objectives of Islamic law. Full article

The artificial general intelligence (AGI) industry, represented by ChatGPT, has impacted social order during its development, and also brought various risks and challenges, such as ethical concerns in science and technology, attribution of liability, intellectual property monopolies, data security, and algorithm manipulation. The development of AI is currently facing a crisis of trust. Therefore, the governance of the AGI industry must be prioritized, and the opportunity for the implementation of the Interim Administrative Measures for Generative Artificial Intelligence Services should be taken. It is necessary to enhance the norms for the supervision and management of scientific and technological ethics within the framework of the rule of law. Additionally, it is also essential to continuously improve the regulatory system for liability, balance the dual values of fair competition and innovation encouragement, and strengthen data-security protection systems in the field of AI. All of these will enable coordinated governance across multiple domains, stakeholders, systems, and tools. Full article

3D printing has been adopted into routine use for certain medical applications, but more widespread usage has been hindered by, among other things, unclear legislation. We performed an analysis, using legal doctrinal study and legal informatics, of relevant EU legislation and case law in four issues relevant to medical 3D printing (excluding bioprinting or pharmacoprinting): pre-market approval, post-market liability, intellectual property rights, and data protection. Several gaps and uncertainties in the current legislation and interpretations were identified. In particular, we regard the current EU regulatory framework to be quite limiting and inflexible, exemplifying a cautionary approach common in EU law. Though the need to establish high safety standards in order to protect patients as a disadvantaged population is understood, both legal uncertainties and overregulation are seen as harmful to innovation. Hence, more adaptive legislation is called for to ensure continuous innovation efforts and enhanced patient outcomes. Full article

This study quantitatively investigates the collaborative framework and competitive landscape of Thailand’s evolving music industry, driven by technological progress and changing consumer preferences. By examining data obtained from Thailand’s Department of Intellectual Property, specifically 138,868 songs, it explores the complex network of relationships among music creators, artists, and various rights-holders, including those associated with recording, music, melodies, and lyrics. Utilizing social network analysis, this research uncovers a power law distribution in these networks, reflecting a scale-free market configuration. This characteristic is marked by a few dominant players exercising considerable market influence, contrasted with numerous less-interconnected participants. This investigation notes regular patterns of collaboration between artists and different rights-holders. Furthermore, the network of music creators displays small-world properties, with short collaborative distances fostering efficient information exchange and creative synergy. Crucially, this study identifies key influential players instrumental in directing the industry’s major trends, highlighting their role in market concentration. These significant findings will provide critical evidence for informing future policy development aimed at improving efficiency and equity in the digital content industries. Full article

Pablo Picasso’s Landscape with Billboards (1912) evinces a deep and complex relationship with emergent trademark and related intellectual property law in France. Among the three trademarked logos featured prominently in the work is that for Bouillon Kub. Critics, caricaturists, and the Cubists themselves toyed with the visual and textual rhymes between Cubism and Bouillon Kub. But only Picasso in his Landscape with Billboards engaged deeply with the nascent trademark and design protection laws exploited more forcefully by Bouillon Kub than nearly any other brand. This essay is a small part of a larger chapter on Picasso, Cubism, and the semiotics of trademark, which, in turn, is a part of the book project Art™: A History of Modern Art, Authenticity, and Trademarks. Full article

This research paper explores the intersection of the Metaverse and remote working, specifically concerning young entrepreneurs. Its primary objective is to examine the opportunities and challenges presented by the Metaverse for this demographic engaged in remote work, providing actionable insights for both practitioners and policymakers. The methodology employed involves an extensive literature review that delves into the concept of the Metaverse, its evolution, and the implications it holds for remote working. This foundational exploration is supplemented by in-depth analyses of case studies and examples, offering real-life illustrations of how young entrepreneurs leverage the Metaverse for remote work. The findings of this investigation reveal a landscape ripe with potential for young entrepreneurs operating within the Metaverse. This study highlights the benefits of enhanced collaboration, expanded global market access, and the emergence of innovative augmented and virtual reality applications. However, these opportunities are accompanied by notable challenges, including issues related to technological infrastructure readiness, security concerns, and potential societal impacts. Acknowledging the evolving nature of the Metaverse concept and potential biases in sample selection are critical research limitations. Practically, this paper translates its findings into actionable recommendations for young entrepreneurs seeking to maximize their utilization of the Metaverse for remote work. It emphasizes the importance of skill acquisition, adaptability to the changing work environment, and the implementation of robust security measures. Furthermore, it advocates for policymakers to develop supportive regulations and policies that recognize and accommodate the intricacies of virtual contracts, data protection, and cross-border collaborations. Strengthening intellectual property laws and tailoring taxation policies for this digital domain are also crucial aspects. In essence, this research contributes significantly by synthesizing the existing literature, presenting real-world examples, and offering practical insights tailored to the unique space where the Metaverse and remote work intersect. Its value lies in bridging gaps in understanding, providing actionable guidance, and contributing to the evolving discourse on this emerging field. Full article

The pandemic has exacerbated the effects of the digital transformation: the extractive economy is steadily giving way to the new economic space—the digital economy. This transformation shakes the very foundations of the existence and purpose of law, i.e., the regulation of social relations. However, today, the consequences of developing tech in an unsustainable manner are becoming obvious. Despite the internet’s many benefits, it also erodes trust and fuels misinformation, polarization, and inequality. These developments occur partly because the algorithms that shape our economies, society, and even public discourse were developed with few legal restrictions or commonly held ethical standards. It is becoming increasingly obvious that the technologies that currently shape our socio-economic relations must be consistent with both our shared norms and values and the existing rules. The main question of this study is how to correctly introduce tech that is legal by design, but also, and especially, liable and sustainable by design. The underlying questions are hence, firstly: to this end, do we need (to create) a whole new body of norms, law, and regulation? Alternatively, are there already legal fields, concepts, and tools that can help us lay comprehensive groundwork for tech that is liable and sustainable by design? The central object of this study is to address this problem with regard to the types of organization that is in any way involved in or at least related to tech and innovation, essentially, the Web 3-4 actors. My principal method is systems analysis, which engages with a system as a whole. The construct of regulatory compliant and sustainable tech is thus analysed both functionally and institutionally, with concepts including norm-setting and law-making, formal application and enforcement, case law, real-world effects, and limitations. The objective of the article is to first synthesize the pre-existing legal and regulatory fields and constructs, and then analyse in a succinct yet systematic manner the conditions for their applicability to, and efficiency for, regulation of Web 3.0 (and soon, Web 4.0), as well as their limits. In the course of the study, I found that there are a few pre-existing legal fields, concepts, and tools that can pave the way to creating a Web that is liable and sustainable by design. I have also identified two key developments that arise from the digital transformation: (i) the digital economic space creates the so-called governance and regulatory gaps; and (ii) some of these gaps are rapidly filled (at times, successfully and at times, less so) by a burgeoning newest legal framework (national and supranational targeted regulation, legislation, and case law), which has been growing especially rapidly since the global digital ‘leap’ facilitated by the COVID-19 pandemic in the beginning of the 2020s. To conclude, the article summarizes both pre-existing and new tools and thus offers a ready-to-use toolkit for a regulatory compliant and sustainable tech (including a table summarizing the toolkit), which is the key aim of this paper. Full article

The aim of this study was to test the effect of hyaluronic acid cross-linked with polyethylene glycol containing micronized portions of calcium hydroxyapatite (Neauvia Stimulate) on both local tissue and systemic consequences, which are crucial from the perspective of long-term safety, in patients suffering from Hashimoto’s disease. This most common autoimmune disease is a frequently mentioned contraindication to the use of fillers based on hyaluronic acid as well as biostimulants based on calcium hydroxyapatite. Broad-spectrum aspects of histopathology were analyzed to identify key features of inflammatory infiltration before the procedure and 5, 21, and 150 days after the procedure. A statistically significant effect on the reduction of the intensity of the inflammatory infiltration in the tissue in relation to the state before the procedure was demonstrated, combined with a reduction in the occurrence of both antigen-recognizing (CD4) and cytotoxic (CD8) T lymphocytes. With complete statistical certainty, it was demonstrated that the treatment with Neauvia Stimulate had no effect on the levels of these antibodies. All this corresponds with the risk analysis that showed no alarming symptoms during the time of observation. The choice of hyaluronic acid fillers cross-linked with polyethylene glycol should be considered justified and safe in the case of patients suffering from Hashimoto’s disease. Full article