Intellectual Property Law Commons^™

Development Of A Telecommunications Regulatory Evaluation Model Based On The Five-Generation Framework By The International Telecommunication Union (Itu), Arief Hamdani Gunawan, I Gusti Ayu Ketut Rachmi Handayani, Lego Karjoko

Technology and Economics Law Journal

With the evolution of technology and changes in societal needs, regulations in the telecommunications industry should be adaptable in order to maintain accessibility, affordability, and quality of service standards. The ITU has developed an extensive assessment model for regulations that consists of five generations. This model evaluates telecommunication regulatory policies’ effectiveness and efficiency under fast evolving technological circumstances. Each generation will be broken down according to such indicators established by the ITU as policy effectiveness, adaptability to technological change, and impact on users of telecoms services. Through various regulatory stages this evaluation model brings out comprehensive understanding about achievements made …

Penguatan Perjanjian Lisensi Dan Optimalisasi Perhitungan Royalti Dalam Melindungi Hak Kekayaan Intelektual Berupa Rahasia Dagang Dan Paten, Silveria Verawaty Rs. T. Fau

Technology and Economics Law Journal

Rahasia Dagang dan Paten merupakan 2 (dua) rezim hak kekayaan intelektual yang sangat dekat. Untuk melindungi bisnisnya, Pelaku Usaha dapat memilih Rahasia Dagang dibandingkan Paten atau sebaliknya. Tentunya akan didasarkan pada pertimbangan tertentu. Dalam konteks lisensi teknologi, rahasia dagang dan paten tidak dapat berdiri sendiri, khususnya terhadap kemungkinan munculnya rahasia dagang yang merupakan hak paten. Terdapat dua potensi isu yang muncul berkaitan dengan hubungan keduanya, yakni apabila terjadi perselisihan ataupun berakhirnya masa pelindungan paten yang dalam perjanjian lisensinya melekat juga terkait rahasia dagang. Atas dasar ini, maka Pemilik Lisensi akan menjadi pihak yang berpotensi dirugikan. Untuk itu, diperlukan terobisan dalam …

Tinjauan Terhadap Penerbitan Sovereign Blue Bond Oleh Republik Indonesia Di Pasar Obligasi Jepang, Jasmine Nurlaila Ananta, Rosewitha Irawaty

Technology and Economics Law Journal

Tulisan ini menganalisis bagaimana proses penerbitan serta bentuk tanggung jawab dari akuntabilitas hasil investasi Blue Bond yang diterbitkan oleh Indonesia di Pasar Obligasi Jepang. Tulisan ini disusun dengan menggunakan metode penelitian doktrinal. Indonesia menerbitkan Blue Bond di Pasar Obligasi Jepang pada tahun 2023 untuk mendukung proyek-proyek yang memperhatikan kelestarian laut sesuai dengan kerangka kerja Republic of Indonesia SDGs Government Securities Framework dan panduan Blue Finance yang diterbitkan oleh ICMA. Penerbitan Blue Bond oleh Indonesia ini dapat menegaskan dukungan Indonesia terhadap sustainable financing. Dikarenakan Blue Bond diterbitkan di Pasar Obligasi Jepang, penting untuk memastikan bahwa proses penerbitannya sesuai dengan peraturan yang …

Wipo General Assembly 65th: Issues Affecting The Right To Research, Sean Flynn, Andres Izquierdo

Joint PIJIP/TLS Research Paper Series

This paper provides background and options for countries to consider in relation to items on the agenda of the 65th meeting of the WIPO General Assembly. It is prepared by the Project on Copyright the Right to Research of the Program on Information Justice and Intellectual Property, which includes the goal of sharing information and technical assistance to governments in international policy deliberations that impact the rights of scientific researchers in the digital context. The work of the WIPO General Assembly Agenda includes several matters that impact the rights of researchers. These include review of the work and recommendations of …

The Sufficiency Of Disclosure Of Ai Inventions, Mateo Aboy, Aparajita Lath, Timo Minssen, Kathleen Liddell

Articles

• The complex and data-driven nature of artificial intelligence (AI) raises questions for the sufficient disclosure of patent applications in this field. What are the European patent disclosure requirements for AI inventions?

• One challenge is that, prior to training, AI systems can be considered generic models. But after training, they transform into specialized AI systems to solve a particular problem. This transformation requires training data, making it an integral part of the AI system’s definition. But to what extent is the disclosure of the training data or training process necessary for patent disclosure?

• The Boards of Appeal of the European Patent …

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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 …

University Of The District Of Columbia Law Review, University Of The District Of Columbia Law Review

University of the District of Columbia Law Review

No abstract provided.

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 …

A Peek Behind The Scenes At The Making Of Three Decades Of Supreme Court Copyright Decisions, Jonathan Band

Joint PIJIP/TLS Research Paper Series

No abstract provided.

The Curious Case Of The James Brown Estate, Lee-Ford Tritt

UF Law Faculty Publications

Great musicians are larger than life, and the most iconic of them become members of an elite musical monarchy: Michael Jackson was the King of Pop, Aretha Franklin was the Queen of Soul, and Prince Rogers Nelson was Prince. Similarly, James Brown, the inventor of funk music, landed a seat at this table of legendary musicians. Although lacking a royal honorific, James Brown was "the Godfather of Soul." The Godfather of Soul, though, shared more than musical prowess with these other iconic musicians. The estates of James Brown, Michael Jackson, Aretha Franklin, and Prince all continue to face legal obstacles—years …

Theoretical Justifications For Trade Secrets Protection Of Routine Business Information, Timothy Murphy

Buffalo Law Review

For over a century trade secret law has protected internal business information from misappropriation by departing employees. Over this time, courts developed various limiting doctrines to minimize the impact of this broad protection on employee mobility in particular cases. However, the workplace has changed significantly over this time and these changes raise substantial questions as to whether there is any valid theoretical justification for continuing to protect routine business information under trade secret law. In an environment where the vast majority of trade secrets claims are against former employees, the lack of sound justification for protecting routine business information, the …

Hard Truths About Soft Ip, Amanda Levendowski

Georgetown Law Faculty Publications and Other Works

People routinely refer to copyright and trademark as “soft IP” to distinguish these practices from another area of intellectual property: patent. But the term reflects implicit biases against copyright and trademark doctrine and practioners. “Soft IP” implies that patent law alone is hard, even though patents are no more physically, metaphorically or intellectually hard than copyrights and trademarks. Despite stereotypes to the contrary, patents are not necessarily more practically hard: while the U.S. Patent and Trademark Office requires technical training for patent prosecutors, which excludes many women and people of color, no such experience is necessary for most patent litigators …

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 …

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 …

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 …

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 …