Intellectual Property Law Commons^™

Artificial Intelligence, Copyright Registration, And The Rule Of Doubt, Thomas B. James

Texas A&M Law Review

Artificial intelligence (“AI”) technology has detonated an explosive burst of seemingly creative expression. Stories, images, music, and even entire books are now being generated very quickly. This development is a major headache for copyright registrars because the copyrightability of works created in this way is uncertain. The almost limitless variability in the extent of human involvement in the creation of a work using an AI tool compounds the uncertainty. In some cases, copyrightability is easy to determine, such as where an author only claims rights in the selection and arrangement of AI-generated output rather than the output itself. But in …

Burdening The “Skilled Searcher”: The Federal Circuit Falls Short Of Providing Ironclad Fixes To § 315(E) Estoppel Issues In Ironburg V. Valve, William Kehoe

Villanova Law Review

No abstract provided.

Considerations On How Does Public Scientific Research Institution Deal With Open Source Intellectual Property Problems, Yungang Bao, Xiaojuan Li

Bulletin of Chinese Academy of Sciences (Chinese Version)

Open source plays a positive role in terms of innovation iteration, ecological expansion, and international development. Nevertheless, when trying to open source scientific research achievements, or to participate in the construction of open-source communities, public scientific research institutions encounter open source related problems such as losses of state-owned assets, disposal of intellectual property right, legal risks prevention and control, etc. The authors put forward proposals from the following aspects: donation of open source projects, selection of open source license, and construction of open source Patent Pool.

Analysis Of Recent Development In Energy Storage Technology In China From Perspective Of Patents, Mingming Jiang, Zhijun Jin

Bulletin of Chinese Academy of Sciences (Chinese Version)

The achievement of the “dual carbon” goal is closely tied to the widespread implementation of renewable energy, however, renewable energy generation is characterized by intermittency and volatility. Advanced energy storage technology plays a crucial role in mitigating the fluctuations of new energy sources and enhancing their absorption capacity. Patents serve as important indicators of technological innovation, directly reflecting current research trends and future directions in energy storage technology. This paper primarily relies on the “WIPO IP Portal” website provided by the World Intellectual Property Organization to analyze the comprehensive strength of eight leading countries including the United States, China, France, …

Patent Law’S Role In Protecting Public Health, Sean B. Seymore

Notre Dame Law Review

Innumerable inventions implicate public health—including drugs, vaccines, dietary supplements, and sewage treatment plants. Over the past century, the Patent Office and the courts have modulated the ability to obtain or enforce patents for these inventions—whether in response to a public health crisis or to protect the credulous public from unscrupulous inventors. While normative and policy-based arguments can justify these interventions, they’ve disrupted the delicate balance of two competing policy objectives in patent law—enhancing public welfare and promoting innovation. This Article offers a new approach for courts to protect public health in patent cases—by making public health an affirmative defense to …

Batavia In The19th Century: A Russian Diplomat's Criticism Of The Capital Society And The Colonial System Of The Dutch East Indies, Ahmad Fahrurodji

International Review of Humanities Studies

ABSTRACT This article analyzes the traces of diplomatic relations between the Russian Empire and the Dutch East Indies in the late 19th century. The views and criticisms of the Russian Consul in Batavia became one of the important milestones of cultural relations between the two nations in the future. This research is a cultural history research using historical research method and structural approach. The documents used are diplomatic reports that have been published in the original language (Russian). By using the theory of hermeneutics, this article aims to see how Batavia and the people in it interacted and acted from …

How To Read A Patent: A Survey Of The Textual Characteristics Of Patent Documents And Strategies For Comprehension, Graham Sherriff

Journal of the Patent and Trademark Resource Center Association

Reading patents is an important activity for inventors and anyone seeking to file or defend a patent, as well as for “exploratory” researchers such as students in a range of disciplines. However, they are notoriously difficult to read. This paper examines the characteristics of patent documents that impair their readability and seeks to identify comprehension strategies and techniques that may alleviate this difficulty. Insights were gathered from a review of the scholarly literature on reading and patent literacy, a survey of patent educators affiliated with the US Patent and Trademark Office (USPTO)’s Patent and Trademark Research Center (PTRC) Program, and …

Tek Seng Bio Temple As A Symbol Of History And Locality Of The Chinese Indonesian Community In Cikarang, Harry Farinuddin, Didik Pradjoko

International Review of Humanities Studies

This article examines Tek Seng Bio (德圣庙) Temple within the context of the temple as the symbol of local history among Chinese Indonesians in Cikarang. Established in 1900 by Tjio Lo Weh (蒋維内) from Fujian, the temple marked the inception of a Chinese settlement in North Cikarang. Unique in its devotion to Lín Tài Shī Gōng/Liem Tay Soe Kong (林太师公) as their main deity, Tek Seng Bio Temple originally functioned as a private familial place of worship. However, its transition to a public worship house faced challenges in 1967, with Presidential Instruction Number 14 imposing restrictions on Chinese religious practices, …

Orality Inheritance Of Makalelon Wakan Song: Oral Tradition Of Tontemboan Minahasa, Arter Jodi Senduk

International Review of Humanities Studies

This research discusses about an oral tradition of Makalelon song of Tontemboan Minahasa ethnicity. This Makalelon Wakan is an originally traditional sub-ethnic song of Tontemboan Minahasa with lyrics in Tontemboan, Manado Malay and Indonesian, entitled 1) Minta Doa, 2 Tumembo Meko, 3) Di bawah Sinar, 4) Si Pisok Matelew-telew, 5) Sungguh Ibu, 6) Saaku Tumanei, 7) Bila Malam Tiba, 8 E Po’ok-po’ok, and 9) Saaku Cabow still continue being sung by the Minahasan people until now. From the research result, it is found that the Makalelon song has been the form of supplications and …

Approach Of Biography Of Objects: A Passage From Profane To Sacred, Fierda Al Jahra, Irmawati Marwoto

International Review of Humanities Studies

This paper discusses the life journey of buildings through the Biography of Things approach taken through a case study of the Bouwploeg building which is currently the Cut Meutia Mosque. The change from an office building as a profane building to a mosque as a sacred building is the reason for the biography of things approach. This research uses the main data in the form of the Cut Meutia Mosque building, which is still standing in Menteng, Central Jakarta. The research method used in this research is based on the K. R. Dark framework which consists of data sources, data, …

Building Empathy And Unveiling Reality: The Role Of Metaphor And Simile In Max Havelaar, Barbara Elisabeth Lucia Pesulima

International Review of Humanities Studies

In Indonesia Multatuli's Max Havelaar is regarded as a powerful indictment of Dutch colonialism in Indonesia. Extensive research has explored the novel's historical context, social critique, and its influence on Indonesian nationalism, but less attention has been paid to the literary devices that give the novel its enduring emotional power. This paper fills this gap by examining how metaphor and simile presented in the dialogs found in the novel function as key instruments in shaping the reader's experience. Existing studies of Max Havelaar often delve into the novel's historical background, its scathing critique of Dutch colonial practices, and its role …

Poetry Of The Singing Palm Tree: The Tradition Of Tapping Palm Trees In Sabu Raijua, Ntt, Daniel Hariman Jacob

International Review of Humanities Studies

This article is a research study focusing on the poetry singing performed by palm sap tappers in Sabu Raijua, which has become the identity of the people of Sabu Raijua, NTT. The poems that are sung are part of the process of tapping palm sap. This tradition has become the identity of the Sabu (Do Hawu) people. This research aims to show which poems are sung by the Sabu people while tapping palm sap and examine these poems using a literary and oral tradition approach. Additionally, this article reveals the poems of the Palm Tree Song (Alure Pakolo Due) in …

The Philosophy Of Spirits Purification In The Ritual Entas-Entas In Wonotoro Village As The Identity Of The Tengger Community, Turita Indah Setyani, Titik Pudjiastuti, Rias Suharjo, Mamlahatun Buduroh, Mu’Jizah Mu’Jizah, Dwi Rahmawanto

International Review of Humanities Studies

This paper examines the Ritual Entas-entas as a purification ceremony for spirits in Wonotoro Village, Tengger. The ritual originates from a manuscript believed to aid in purifying the spirits of deceased family members. This ritual has been passed down orally. However, the manuscript serving as the reference for the ritual can no longer be traced. The issue is, how the sustainability of the Ritual Entas-entas in Wonotoro Village, Tengger? The research aims to demonstrate that the Tengger community possesses a collective memory strength and high adherence to traditional rules as part of everyday religious practice. The research utilizes ethnographic methodology …

Material Culture As A Lifestyle And Self-Identity: A Case Study Of The Rotating Savings To Buy An Iphone In Indonesia, Ghilman Assilmi

International Review of Humanities Studies

Branding as a cultural production is a phenomenon that involves the creation of narratives, symbols, and identities that affect individuals and social. Through the study of material culture, this article discusses the representation of a person's lifestyle and self-identification in meeting the needs of smartphones with the iPhone brand. Using the literature study method, social media data on the internet shows that there is a business service strategy in the form of savings or social gathering in buying an iPhone to consumers. The research results show that strong branding images built by Apple Inc. make people who economically are not …

The Role Of Salimah Mass Organization In Build The Family Resilience (Case Study In Cimanggis Sub-District, West Java, 2019-2022), Izzah Asy Syahidah, Basuni Imamuddin

International Review of Humanities Studies

Weak family resilience can cause various problems for family or society. Ideally, building family resilience is also needed society support. It will be more efficient if there is a place where people work together, such as a mass organization. One of the organizations that has contributed in building family resilience is Salimah (Muslimah Association). It is a mass organization of Indonesian Muslim women that focuses on providing solutions to improve the quality of women, children, and families. Salimah has many programs aimed at building family resilience. This study aims to examine Salimah’s role in building family resilience in Cimanggis sub-district, …

Translation Of Archaisms In English Contractual Documents, Indra Listyo, Myrna Laksman-Huntley, Haru Deliana Dewi

International Review of Humanities Studies

This research investigates the translation of archaisms, particularly here-words and there-words, from English to Indonesian, highlighting the unique challenges they present. Using a descriptive qualitative method, the study is framed by the Skopos theory and ISO 24495-1:2023 - Plain Language principles. The Skopos theory stresses the translation's intended purpose, advocating a functional approach that enhances the target text's communicative efficacy. ISO 24495-1:2023 ensures legal documents are clear, concise, and accessible, maintaining their legal integrity. The research examines a bilingual English-Indonesian contractual document, the Global Master Repurchase Agreement, to analyze the translation of these archaic terms. Findings show that translating archaisms …

Riungan: Representation Of Muslim Betawi Pinggir Through The Practice Of Eating Together (A Case Study Of Kampung Pondok Pucung, Pondok Aren, South Tangerang), Gregorio Surya Abdi Julianto, Yudi Bachrioktora

International Review of Humanities Studies

Riungan is an eating-together event involving the kampung community as a form of religious worship and gratefulness/gratitude to God. Through an ethnography approach, with in-depth interviews and a literature review as a method, this research explores the relationship between the practice of eating together and cultural identity in riungan as held by the Muslim Betawi of Kampung Pondok Pucung. The result of this research shows that riungan has become a space to representation of the cultural identity of the Betawi Pinggir (peripheral Betawi), particularly emphasizing their cultural and Islam heritage. Through the types of food brought and the communal eating …

Hyperreality In Sharenting: Challenges Of Being An Indonesian Parent Today, Yosepha Arybowo, Maria Regina Widhiasti

International Review of Humanities Studies

The phenomenon of sharenting refers to the practice of parents, particularly mothers, sharing personal information in the form of text, photos, or videos about their child-rearing experiences and journey to parenthood on social media platforms. Social media, as a space of simulation, is considered to present an idealized version of parenting, showcasing perfect moments and achievements. This paper critically explores how the phenomenon of sharenting, especially by millennial mothers in Indonesia, contributes to the construction of family life representations that underlie parents' adaptation to idealized parenting standards on social media platforms. The paper samples sharenting content from several Instagram accounts …

Verbal Text Supports On Pictures In Creating Destination Image, Siti Aisyiyah, Myrna Laksman-Huntley, Filia Filia Dr.

International Review of Humanities Studies

Recently, social media like Instagram, YouTube, and Facebook have been widely used for tourism destination attractiveness. The research investigates how to create a tourism destination image on Instagram from a social semiotic perspective. Data comprises 17 photos of Blue Flame posted by 7 Destination Marketing Organizations (DMOs). Applying the Visual Grammar framework by Kress & Leeuwen (2021), particularly the representational meta function, and Speech Functions by Halliday & Matthiessen (2014), this study finds how verbal texts support visual modes in creating the image of the Blue Flame at Ijen Geopark. Findings show that: (i) Narrative non-transactional action photos are more …

Phylogenetic Analysis Of Anthropomorphic Rock Art: A Study Of Material Culture Evolution, Muhammad Faisal Chair, Ali Akbar

International Review of Humanities Studies

This paper provides an explanation of the application of phylogenetic analysis, derived from biology, to be applied in archaeology with the aim of observing evolutionary phenomena, the development of ideas, and the dissemination of ideas from material culture. Phylogenetics will be applied to data on anthropomorphic motifs at five rock art sites in West Sumatra: Gua Lidah Air, Gua Runjo, Ngalau Tompok Syohiah, Batu Basurek, and Gua Basurek. The main stages in this analysis involve collecting representative data in the category of distinctive values from each rock art site. Distinctive values data is obtained through observation and identification of morphological …

Deutsche Welle’S Coverage Of Palestine And Israel From December 1st To December 8th 2023: A Critical Discourse Analysis, Zahirah Soraya Nurromadini, Sonya Puspasari Suganda

International Review of Humanities Studies

The attacks on October 7th, 2023 sparked a new wave of escalation between Israel and Palestine with global news coverage. Though there is coverage on both sides, many are calling out the Western news media for being biased in their reports. This paper explores the diction used by Deutsche Welle (DW) when reporting Palestine and Israel from December 1st to December 8th, 2023. The paper will use the Critical Discourse Analysis (CDA) theory by Norman Fairclough to process the data using a qualitative approach. The study aims to examine whether the diction used by DW journalists in their reports reflects …

'We Only Want To Plant Oil Palm": An Ethnohistory Of Illegal Peasant’S Oil Palm Plantations In Muaro Jambi, Jambi Province, Indonesia, Yudi Bachrioktora

International Review of Humanities Studies

The increasing global demand for vegetable oils and biofuels is a determining factor in increasing oil palm expansion in Indonesia. The current studies of Indonesia's oil palm expansion focus on companies' large-scale land acquisition. In this process, often called land grabbing, small peasants are excluded from the acceleration of oil palm expansion. This research focuses on the rarely discussed topic of the participation of small peasants in the palm oil production chain. Employing ethnohistory, this research unfolds the impact of oil palm expansion on small peasants and indigenous people, especially those who expand their plantations into the forest in Jambi …

The Strategy Of Featuring The Game Honor Of Kings Through Characterization In The Drama Series You Are My Glory (2021), Bella Homario, Adi Kristina Wulandari

International Review of Humanities Studies

The drama series You Are My Glory (Nǐ shì wǒ de róngyào你是我的荣耀), directed by Wang Zhi (王之), aired in 2021 and consists of 32 episodes. This research focuses on the first 14 episodes, which showcase the popularity of the game Honor of Kings-HoK (Wángzhě róngyào王者荣耀) through the interactions and dialogue between the two main characters, Yu Tu (于途) and Qiao Jingjing (乔晶晶). The integration of the popular online game HoK with the drama, starring top actors and actresses, represents a novel strategy that warrants further study. The analysis is conducted intrinsically by examining the characterizations of …

Akibat Hukum Perjanjian Lisensi Terhadap Pihak Ketiga Yang Berindikasi Pada Perbuatan Melawan Hukum Ditinjau Dari Segi Keperdataan (Analisis Putusan Nomor 4/Pdt.Sus-Hki/2019/Pn.Smg Jo. Putusan Nomor 882.K/Pdt.Sus-Hki/2019), Putti Zahra Dwi Athifah Wilyadi

Lex Patrimonium

This legal research aims to analyze the validity of a license agreement that has legal implications for third parties, which can lead to unlawful acts. An agreement that should provide benefits to the parties bound by the agreement can cause losses in its implementation. Meanwhile, the loss is caused by a third party for unlawful acts. With the enactment of Law Number 28 of 2014 concerning Copyright ("UUHC 2014"), the parties bound in the license agreement can be better protected, coupled with the enactment of the implementing regulations of the regulation in Government Regulation of the Republic of Indonesia Number …

Damage(S) Control: An Examination Of How The Supreme Court Still Has Not Decided If The Discovery Rule Or The Injury Rule Applies To Copyright Infringement Damages, Caroline Gallo

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Sharing Of Children’S Health Data By Health Professionals And Parents – A Consideration Of Legal Duties, Dr. Carolyn Johnston

Indian Journal of Law and Technology

Children’s health data such as blood pressure, X-rays and written notes of medical examinations are produced in a clinical setting through health professionals’ interaction with their minor patients. Health care practitioners owe legal and professional obligations not to disclose such information without consent or other legally recognised authorisation. With the increasing advent of data generated by patients themselves from wearable devices such as continuous glucose monitors and health apps, the patient, or parents, have initial control of the data and decide who to share it with. Where wearable devices have been provided to parents by the child’s health care provider …

Conceptualizing An International Framework For Active Private Cyber Defence, Arindrajit Basu, Elonnai Hickok

Indian Journal of Law and Technology

Private sector cyber defence mechanisms are emerging despite existing legislation outlawing use of active defence by individuals and non-state entities. Thus, a key window exists for policy-makers in the possibility of establishing a framework for existing APCD practices that would enable optimal utilisation of private sector capabilities for securing cyber-space at an organizational and national level. This must happen in consonance with circumscribing their operations within the boundaries of the rule of law, both in terms of domestic legislation and international law. This paper seeks to unpack the complexities that underscore each of these challenges and identify avenues towards resolving …

Facing Up To The Risks Of Automated Facial-Recognition Technologies In Indian Law Enforcement, Ameen Jauhar

Indian Journal of Law and Technology

Within the larger discourse of risk mitigation of emerging technologies, the ever-expanding deployment of automated facial recognition technology (‘AFRT’) has garnered much skepticism. In India too, there has been a reported rise of states and law enforcement officials enthusiastically resorting to the use of AFRT.

The author will first delve into some of the controversial risks associated with AFRT, analysing them through the lens of Article 21 and the principle of due process under the Indian Constitution. The paper will then identify some of the regulatory solutions that are currently part of the discourse on minimising risks of AFRT and …

Rage Against The Machine: Copyright Infringement In Ai-Generated Music, Joseph Will

Journal of Intellectual Property Law

AI-generated music has garnered significant attention, with many raising concerns about the new technology’s potential impact on both the music industry and human creativity. Others, including some musicians, have expressed excitement about AI and its potential for furthering creativity. Much focus has been placed on “deepfakes” of famous musicians, but there is also the issue of the use of copyrighted songs as training inputs for AI music generators. Some have argued that this machine learning process constitutes widespread copyright infringement, though it is not clear how courts will address this novel phenomenon. This Note examines AI-generated music through the lens …

A Patent Pool-Party: Changing The Current Use Of Patent Pools For Treatment Innovation In Public Health Emergencies, Emma Whitmore

Journal of Intellectual Property Law

Intellectual property laws have been in tension with the creation of innovation for the public good since their inception. Many intellectual property concepts such as patents create an opportunity for ownership of invention, which in the general market and in typical life circumstances, has the power to aid innovation and work successfully in the market. However, in times of emergency, intellectual property can create a roadblock that costs human life. As highlighted in the current COVID-19 pandemic, intellectual property laws have the power to act as a hinderance to the innovation of lifesaving treatments by not allowing information to be …