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International Journal of Intellectual Property Management

International Journal of Intellectual Property Management (IJIPM)

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International Journal of Intellectual Property Management (43 papers in press)

Regular Issues

  • Innovation Capabilities with Strategic Orientations towards Firm Performance in Technology Based Organizations: The Managerial Implications for Future of Business   Order a copy of this article
    by Avinash Pawar, Balkrishan Sangvikar, Retno Purwani Setyaningrum, Henry Loupias, Denok Sunarsi 
    Abstract: Information technology is the most innovative and fastest-growing industry in the world. In this context, this paper aims to discover the mediating role of innovation capability on the dimensions of strategic orientations and its outcomes in the performance of information technology firms in India. Moreover, it also explains the relevance of adopting innovative endeavours by high-tech information technology firms. The data is collected through the questionnaire. The study finds that innovation capability plays a predominant role in enhancing entrepreneurial and technological orientation behaviours to lead efficacious performance firms. In contrast, marketing orientation does not augment its long-term growth even in the presence of intervening variables of innovation capability in information technology. The outcome of this study helps in fostering a culture for innovation while considering the dynamics of the interactions in the dimensions of a firms strategic orientation behaviours for realizing superiority in its performance for success.
    Keywords: business innovation; strategic orientation; technological orientation; entrepreneurial orientation; marketing orientation; innovation capability; firm performance; information technology firms.
    DOI: 10.1504/IJIPM.2021.10041684
     
  • Reporting and disclosure of intellectual capital: a literature review   Order a copy of this article
    by Shilpa Bhide 
    Abstract: The objective of the paper is to review the literature on the measurement methods, valuation, and disclosure (reporting) of intellectual capital. Research papers from 1998 to 2021 were collected, studied, and classified into relevant and non-relevant for the present study. Out of 150 research papers, 91 papers were identified and studied in detail, out of which around 64 research papers appear in the literature review. The results of the literature review were that it was observed in many cases the disclosures are voluntary and there seems to be no harmonisation in the disclosure requirements. Disclosure and reporting can help in decision-making to the stakeholders, even if the measurement and valuation are difficult. It can also be observed that in different types of businesses the degree of reporting and disclosures are different and influences the profit and the firms financial performance, making it an important component of disclosures and reporting.
    Keywords: intellectual capital; valuation; measurement; disclosure; reporting; firm performance.
    DOI: 10.1504/IJIPM.2022.10047184
     
  • IP management of an academic institute: a case study of an Institute of Eminence from India   Order a copy of this article
    by Priyadarshini Singh, Gouri Gargate 
    Abstract: Intellectual property (IP) is one of the key assets and empowers an organisation. It helps the organisation to realise the value of an IP associated with it. Academic and research institutes have capability to generate various forms of IP. However, in developing countries, these academic and research institutes are not always well equipped to identify and efficiently manage IP. In India, Institutes of National Importance (INIs) including Institute of Eminence (IoE) have recognised the importance of IP and developed their intellectual property management system (IPMS). This paper focuses on IPMS of one of Indias IoE. Authors have applied an IPM audit model to understand various IPM processes followed by an IoE to channelise resources for generating revenue through IP. Case study methodology is employed for this study.
    Keywords: innovation; intellectual property; technology transfer; incubators; start-ups; IP management; IP audit; India.
    DOI: 10.1504/IJIPM.2022.10047856
     
  • Intermediary liability for online copyright infringement in India: a trans-judicial dialogue   Order a copy of this article
    by Sunidhi Setia, Samanvi Narang, Suhaib Salman 
    Abstract: With the internet becoming a vital part of our day-to-day life and the enormous opportunities that it creates; its use and abuse also bring new challenges every day. The development of the internet not only enables access to quality information and data in seconds but also leads to economic issues due to mammoth intellectual property infringements. The authors in this work focus on the burgeoning intermediary liability for copyright infringement in the USA, and European Union with a brief discussion on laws in BRICS countries and Japan. Subsequently, the authors make a clear contrast in the approach of the judiciary to deal with such issues in India. Advocating a balanced mechanism to deal with copyright infringement on the internet, the authors suggest a harmonised international framework like the notice and take down/safe harbour mechanism to limit the liability based on intermediaries knowledge/awareness of the unauthorised communication and reproduction.
    Keywords: intermediary liability; safe harbour; infringement; intellectual property; internet; copyright; actual knowledge; notice and take down; India.
    DOI: 10.1504/IJIPM.2022.10048348
     
  • Use of peel-based activated carbon in wastewater treatment: a study of patents   Order a copy of this article
    by Prashant Mahajan, Dipika Jaspal, Amit Kumar Tiwari 
    Abstract: Clean water is one of the most essential components for almost all industries. Reuse of wastewater is becoming the only weapon to combat the growing scarcity of clean water. Materials such as mineral sorbents, activated carbons, peat, chitin, etc., have been used as adsorbents for the treatment of textile wastewater. Activated carbon has been commercially employed for the removal of contaminants. The current manuscript is a patent study on the use of peels as adsorbents for the removal of contaminants, especially dyes. This review is a quantitative and qualitative analysis of patents on the use of peel-based activated carbon for industrial and textile wastewater treatment. Further, this review gives landscaping of patents in this domain including nonlimiting to country-wise, classification-wise, inventor-wise, etc. This report includes data from the patent database and analytics tool, Relecura. This study is a manual and reflects all the major contributions in wastewater treatment using peels.
    Keywords: adsorption; relecura database; innovation: patent analysis: quantitative and qualitative analysis.
    DOI: 10.1504/IJIPM.2022.10048570
     
  • A systematic study of mobility and innovation and technology management for skilled enhancement with operational frameworks   Order a copy of this article
    by Nik Alif Amri Nik Hashim, Hira Batool, Vipin Jain, Felix Julca-Guerrero, Nelson Cruz-Castillo 
    Abstract: COVID-19 has forced HEIs to rethink instructional methodologies. In emergencies, colleges substituted information for face-to-face education. Mobile information is a teaching technique with several educational tools. This content analysis aims to classify: 1) explore subjects; 2) applicable hypotheses; 3) most scrutinised methodologies; 4) methods of investigation. The PRISMA results were observed inside this case, and various techniques for Text classification and textual analysis were used. The literature was chosen from three journals of first quartile specialising in educational technology that were indexed in JCR-SSCI. The final sample consisted of 248 papers. Three key nodes emerged from the text analysis: 1) virtual students; 2) digital instructors; 3) instructional practices with a program. The most-studied information medium is MOOCs. Innovative acceptance model and context of interest were most widely employed hypotheses. Case studies were most popular. Finally, we present our SRL's aims. The study focuses on the most explored information modality, essential e-learning theoretical structures, and research methodology typologies.
    Keywords: text-mining; effectiveness; web-based education; innovation; mobile information management; technology management; educational research; educational technology; systematic literature review.
    DOI: 10.1504/IJIPM.2022.10049757
     
  • Intellectual property education with serious games: predictors of perceived learning   Order a copy of this article
    by Jorge Bacca-Acosta, Jenny-Paola Lis-Gutiérrez, Mercedes Gaitan-Angulo, Cecilia Avila-Garzon 
    Abstract: Intellectual property education plays an important role to support innovation and production of knowledge in our society. However, the predictors of perceived learning are not clearly defined when a serious game is used to support learning processes in intellectual property education. To fill this gap, in this study, a serious game for intellectual property education is evaluated and some predictors of students perceived learning are identified. A structural model based on the flow theory was validated using partial least squares structural equation modelling (PLS-SEM) with data from 81 university students who used a web-based serious game for learning about what is eligible for patentability or not for a period of five weeks. The results show that the game increases the students learning performance. Moreover, the predictors of perceived learning are concentration, challenge, and ease of use. The implications for theory and practice in intellectual property education are also discussed.
    Keywords: intellectual property education; serious games; perceived learning; flow; patent.
    DOI: 10.1504/IJIPM.2022.10049892
     
  • The impact of the social media on consumer behaviour amid economic crisis: the case of luxury consumption   Order a copy of this article
    by Deepesh Kumar Srivastava, Madhurima Ganguly, Girish Bagale 
    Abstract: Since 2019, the ongoing economic crisis has severely impacted the luxury industry, resulting in an overall loss of 8%, significant changes in consumer behaviour, and increased competitive pressure on luxury fashion enterprises strategic responses. Financial crises change customers motives, values, and attitudes. More people are considering their wants and needs before buying. During a recession, a luxury company wants to compete. It must know what drives luxury purchases and how the economic crisis affects them, which could change luxury consumption. In this exploratory research on consumer behaviour and luxury fashion executives brand tactics in times of financial crisis, a survey was sent to over 150 respondents, of whom only 123 answered the questionnaire. Senior executives from a multi-brand store (CADRANS) and a luxury mono-brand were also interviewed (ELIE SAAB). This studys qualitative and quantitative data may help us understand how customers react to economic crises and how luxury businesses respond. Most consumers in the study are paid in Lollar or Banquer Cheques, which reduces their purchasing power and restricts them from buying luxury items. Despite the crisis, clients continue to buy luxury goods within their budgets, though the ratio has decreased.
    Keywords: luxury fashion; retail; crisis; strategies; consumer behaviour; artificial intelligence; AI; multi-brand store; luxury industry.
    DOI: 10.1504/IJIPM.2022.10049893
     
  • Human centric intellectual property rights and legal personality of artificial intelligence   Order a copy of this article
    by S. Suganya, E. Prema 
    Abstract: As technology continues to revolutionise how humans work and operate, many parts of human activity will be replaced or supplemented by newer technologies. Trends in technological innovation may have a more significant impact on some previously unaffected human tasks. A growing number of consensus recommendations give legal personality to AI systems. Arguments are often based on utility and contrasted with companies. When AI systems are indistinguishable from living things, they should have the same legal status. Therefore, a legal assessment of the effectiveness of technological developments is required. This article will discuss the potential impact of AI on intellectual property. With AI advancing so rapidly, existing IP rules need to be overhauled. There are few or no legal provisions for AI in the intellectual property. However, there is a significant degree of interaction and correlation between the two, which we will discuss in this article. AI is developing rapidly worldwide, coinciding with the scope of intellectual property (IPR). Because of this, the system needs to recognise and change some rules.
    Keywords: artificial intelligence; autonomy; corporation; intellectual property rights; legal person; legal entities; legal personality of artificial intelligence; natural person; technology.
    DOI: 10.1504/IJIPM.2022.10050730
     
  • An overview on practices related to geographical indication protection in the USA and Europe   Order a copy of this article
    by Mohammed Abdul Fasi 
    Abstract: Geographical indications (GIs) recognise the uniqueness and culture of items, notably food and drinks originating in certain geographical locations. The GI mark protects registered items against counterfeiting and consumers from being misled about the geographical origin of goods, and it is essential to the rural economy and ecology. This article offers an outline on GI protection practices and procedural legislation pertaining to its regulation in the USA and the European Union. The article will highlight the qualifying requirements for geographical name registration in both the jurisdictions as well as show specific case examples relating to the enforcement regulations in both the authorities. The article examines how GIs are enforced, especially how the EU and the US conflicting regulatory systems function. Based on the comparison of legislation and regulations in both jurisdictions, the study shows that GIs are significantly more protected in the EU than in other countries.
    Keywords: geographical indications; GI registration; protection of GIs; examination of GIs; GI regulations; intellectual property; USA; Europe; trademarks; certification marks.
    DOI: 10.1504/IJIPM.2022.10051001
     
  • Innovation in legal education: the role of artificial intelligence and its significance for the legal profession   Order a copy of this article
    by R.K. Rajkhanna, C. Rabbiraj 
    Abstract: Artificial intelligence (AI) has improved tremendously in the previous decade, and a wide range of sectors have begun utilising AI systems in their daily operations (Carrel, 2019). AI is changing the profession of law and legal education. The use of sophisticated AI systems may improve legal services and increase access to justice (Surden, 2019). Law and legal education are impacted by developing technologies. Legal education is changing. Educators must design a curriculum to teach law students to integrate new technology in education and the profession (Rissland, 1990). Technology is boosting legal practise. Lawyers need legal research. Lawyers must constantly research legal concerns. Lawyers often conduct research, although goals and methods vary. AI's impact on the legal industry can be quantified by legal research. Legal AI is revolutionising the legal profession. Educators must prepare pupils for these changes. National and international policy planning is vital (Hutchinson, 2006). Today's legal education lacks technology and innovation, according to the report. This essay examines how AI affects legal education and pedagogy.
    Keywords: artificial intelligence; legal education; legal profession; law; lawyers; implications; research; technology; policies; development.
    DOI: 10.1504/IJIPM.2022.10051705
     
  • E-portfolios to foster creative innovation and communication technology management in undergraduate engineering learners   Order a copy of this article
    by Syed Farhat Jahara, Tribhuwan Kumar, Abbas Hussein Abdelrady 
    Abstract: Todays learners are more realistic and spend most of their learning time exploring information technologies like eLearning, video-assisted learning, Blockchain technology for MOOCs, artificial intelligence (AI), learning analytics, gamification, immersive learning with VR and AR, STEAM-based programmes, social media, and others to generate novice ideas. This research paper analyses the efficacy of e-portfolios to involve engineering students of BTech first year in setting, organising, comprehending, evaluating, and analysing academic writing skills through information and communication technology (ICT). The English language and communication skills lab uses a quantitative experimental research strategy that emphasises questionnaires and e-portfolios to improve participants writing skills (ELCS). This project studies using JNTU-related e-portfolios to create intrinsically motivating creative competency in students. E-portfolios are easily accessible and allow students to provide multimedia proof, say the researchers. Instead of writing about their accomplishments, students can submit photographs, videos, and audio recordings. This speeds up and enhances learning. Many engineering students enhanced their persuasive writing using e-portfolios.
    Keywords: e-portfolios; ELCS Lab; information and communication technologies; ICTs; writing skills; engineering learners.
    DOI: 10.1504/IJIPM.2022.10052097
     
  • Supply and demand determinants of startup patents   Order a copy of this article
    by Bernadette Power, Gavin C. Reid 
    Abstract: This paper estimates simultaneously the supply and demand determinants of patent adoption by start-ups. It uses a partial observability bivariate probit model because the non-adoption outcome of the patent decision is unobserved. Econometric estimation of this model is undertaken on Kauffman Foundation start-up data, using a large representative unbalanced panel, collected by web survey and telephone interviews. This model is found to be robust. It challenges the view that patenting is either exclusively demand-side or supply-side determined. Instead, it provides a good joint explanation of supply and demand determinants of patent adoption in startups, emphasising the importance of sectoral choice, R&D spend, and competitive advantage on the supply-side; and complementary IP (e.g., trademarks, licensing-out), and venture capital, on the demand-side. Brief policy implications are drawn out.
    Keywords: patent adoption; start-ups; intellectual property; partial observability bivariate probit; POBP; R&D spend; competitive advantage; venture capital.
    DOI: 10.1504/IJIPM.2022.10052663
     
  • A framework of evolution and potential impact of nanotechnology in USPTO: the SWOT analysis   Order a copy of this article
    by Neha Saini, Prem Pandey, Amit Kumar Tiwari, Atul Kulkarni 
    Abstract: Being an emerging technology, nanotechnology provides the most promising tools that impact market growth and our daily lives. However, commercialisation remains a challenge due to ambiguously broad claims of nanotechnology patents. The broadness of the claims of nanotechnology patents is attributed to the absence of prior art and R&D in this domain. Nanotechnology patents fail to get IP protection despite fulfilling the necessary conditions of patentability, and patent protections. Considering these loopholes, the main impetus of the current review is the analysis of the patents granted in nanotechnology and its associated domains, by USPTO during a definite span of 20162021. Notably, 50.62% of nanotechnology patents share in USPTO belongs to US investors and companies, indicating a kind of home advantage. Considering all the stats and facts, the assessment of USPTO nanotechnology patents might help to guide policies and strategic recommendations. Alongside, the SWOT analysis of nanotechnology patents of USPTO predicts the unseen future threats and opportunities, and measures to prevent technological weakness, enhancing development.
    Keywords: cooperative patent classification; CPC; nanotechnology; patent; R&D; SWOT; USA; United States Patent and Trademark Office; USPTO.
    DOI: 10.1504/IJIPM.2022.10052664
     
  • Omni-channel promotions and their effect on consumer purchase decision   Order a copy of this article
    by Yabesh Abraham Durairaj Isravel, B. Lakshmi, V. Mahalakshmi, D. Chitra 
    Abstract: The study objective was to investigate whether the omni-channel promotion is effective from the viewpoint of company managers. For the study, the descriptive research design was adopted. The data was collected from 246 respondents from managerial, executive and director positions in the marketing department of 36 FMCG production companies in the Chennai district. A structured questionnaire was used as a data collection instrument for the study. Also, the scholar used statistical tools such as Pearson correlation and regression analysis to further scrutinise the data. From the made, it was understood that there is no significant difference in opinion for the omni-channel promotion and consumer purchase decision from the viewpoint of the respondents for the FMCG products. Also, it was identified that service after sales, alternatives available in markets and information search are the important characteristics exhibited by the consumer before purchase, as per the respondents opinion. Furthermore, it was found that there is a weak positive relationship existing between omni-channel promotion and consumer purchase decisions.
    Keywords: omni-channel promotion; consumer purchase decision; FMCG products; shopping experience; collaborative marketing; omni-channel retailing; promotional strategy; sales promotion.
    DOI: 10.1504/IJIPM.2022.10052711
     
  • Massive marketing in social media: the influence on sentiments and attitude toward the brand   Order a copy of this article
    by B. Lakshmi, Yabesh Abraham Durairaj Isravel, D. Chitra, V. Mahalakshmi 
    Abstract: Social media research has mostly concentrated on defining this trend through the interpretation of new concepts and terminology that compose its basics and exploring the impact of a companys introduction of social media on consumer behaviour because it has only recently emerged within the last millennium. A simple random sampling method was used to acquire the data from 556 people who have purchased fashion products. The research questionnaire was used to obtain the necessary information. Based on the data, it appears that most of the customers at retail fashion stores were middle-aged women in the private sector who were between the ages of 30 and 45. A marginally significant positive correlation between the purpose of this study was to examine how social media channels may inspire original products. Its goals were to gauge consumers familiarity with the brand and to encourage them to make purchases. Consumers can benefit from businesses inventiveness in both pre- and post-purchase contexts, as shown by the results.
    Keywords: social media; sentimental contents; marketing; attitude shift; brand; elaboration likelihood model; consumers’ responses; social media platforms; social entrepreneurship; abilities.
    DOI: 10.1504/IJIPM.2022.10052712
     
  • Drone attacks during armed conflict: quest for legality and regulation   Order a copy of this article
    by Mohammad Bitar, Benarji Chakka 
    Abstract: With the advancement of new technologies, drones are now extensively employed in combat operations, unlike surveillance, where it is causing greater violations than expected. Drones reduce human losses and ensure precision target strikes, say advocates. Most modern conflicts occur in metropolitan areas, such as Libya, Syria, Afghanistan, and Ukraine, where civilians and military forces coexist without conforming to IHL. Combatant drone operators struggle to identify and attack targets using technology that respects differentiation. Drones cannot tell protected items from allowed targets. This article examines the legality of drone strikes under IHL and the permitted range of their use to controls and constraints that can be implemented to guarantee drone attacks are legitimate under existing law. Drones are not innately unlawful and are 85.96% accurate in attacks. Determining whether drones obey IHL requires a subjective analysis of each situation. This article is theological research based on primary and secondary sources. The essay supports a treaty restricting drone usage in armed conflicts.
    Keywords: unmanned aerial vehicles; UAVs; drones; armed conflict; international humanitarian law; IHL; accountability; targeted killing; distinction.
    DOI: 10.1504/IJIPM.2022.10052855
     
  • Role of case laws and legality of taxation in the context of tax on services in India   Order a copy of this article
    by J.M. Kennedy, C. Rabbiraj 
    Abstract: Constitution is the fountainhead and basis of all laws. Article 265 of Indias Constitution states, No tax will be levied or collected except by legislation. The statute must use the constitutions legislative powers and be compatible with its provisions to charge and collect taxes. In India, taxing services was prohibited by the constitution. First, integrated tax is applied to the registered persons credit/debit ledger. Any residual sum goes to core tax, state tax, and union territory tax. First, increase central tax. Any remaining sum goes to state or territory tax. As the tax base grew by adding taxable services each year, the courts had to rule on their constitutionality. The authors show how the judiciary legalised the tax on services from 1994 to 2017. Using aspect theory, the courts justified the apparent overlap between taxation entries in list I union list and list II state list of the Constitution of India, leading to a distinct tax base for taxing services and examining aspect theorys role in generating taxable services.
    Keywords: aspect theory; Constitution of India; consumption tax; goods and services tax; indirect tax; interpretation of the statute; the legality of tax; taxation; tax on services; India.
    DOI: 10.1504/IJIPM.2022.10052856
     
  • Copyright awareness and management in flexible learning: challenges and initiatives in the new normal   Order a copy of this article
    by John Joshua F. Montañez 
    Abstract: This study aims to determine the level of awareness of the Bicol State College of Applied Sciences and Technology (BISCAST) teaching personnel in terms of copyright ranging from basic and advanced knowledge, open educational resources (OERs) to creative commons (CCs). The survey, case study, and action research are the research methods used in the study. The survey questionnaire was divided into three sections: fundamentals of copyright, limitations of copyright and fair use, and creative commons. With the indicators from the questionnaire, 5 out of 7 from the first section, 7 out of 7 from the second section, and 7 out of 8 from the last section have an interpretation of aware. Therefore, the copyright awareness of the BISCAST teaching personnel is considered above average. Moreover, the initiatives that can be conducted are capacity or capability building focusing on advanced concepts on copyright, especially creative commons in the context of the new normal.
    Keywords: copyright awareness; copyright infringement; COVID-19; creative commons; fair use; flexible learning; new normal.
    DOI: 10.1504/IJIPM.2022.10052857
     
  • Use of technologies in combating crimes against women in modern armed conflicts   Order a copy of this article
    by C. Fowmina, C. Rabbiraj 
    Abstract: In recent years, the complex relationship between armed conflict and human rights has become even more contentious due to the emergence of new obstacles. The use of unmanned aerial vehicles (UAVS), sometimes known as drones, as well as ongoing research and development in this area, have considerably impacted the nature of modern conflict, particularly about the former element. Drones are frequently referred to as unmanned aircraft systems. Drones have fundamentally altered the nature of conflict, quickly becoming one of the most popular, highly sought-after, and successful forms of new military technology in recent human history. This is because drones can complete various tasks without human assistance. It is now possible to adopt new sorts of remedies to the problem of conflicts related to sexual violence (CRSV), and each of these solutions carries with it the likelihood that there will be both benefits and drawbacks associated with its implementation. It is designed to provide a conceptual starting point for additional investigation at some point in the future. This studys objective is to determine the extent to which the age of digital technology and the international legal framework can contribute to reducing the number of crimes that occur during war.
    Keywords: modern technologies; digital literacy; unmanned aerial vehicles; international law; crime against women; UK defence manual; international humanitarian law; digital bodies.
    DOI: 10.1504/IJIPM.2022.10053032
     
  • Waiver of patent on COVID vaccine: re-packaging of TRIPS flexibilities   Order a copy of this article
    by Mariya Fatma, P.R.L. Rajavenkatesan 
    Abstract: Innovation, research, and development are important for the development of a society and country, and thus there is a need to protect and encourage these inventions. Patent law provides the perfect tool for incentivising such research. Every country has a different standard of granting protection, and the TRIPS Agreement provides a uniform minimum standard of patent protection in all technology fields. And for the first time since its enforcement after TRIPS enforcement, these standards were compromised in a mutual decision by the WTO in the wake of public health. The article discusses the need for patent law and its importance in providing access to medicine. It also discusses the flexibilities in the TRIPS Agreement and DOHA Declaration for balancing the interests of private parties, i.e., the patent holder and the general publics right to health. The article further analyses the recent decision of the WTO Ministerial Council taken on the TRIPS Agreement about the waiver of patent rights and how such a waiver will be efficient, keeping in mind the proposed effect of this waiver in the wake of the current circumstances.
    Keywords: jurisprudence; patent law; patent waiver; public health; compulsory licence; parallel importation; TRIPS Agreement; DOHA Declaration.
    DOI: 10.1504/IJIPM.2022.10053034
     
  • Issues, implications, and formulations regarding the compensation for copyright infringement in Indonesia Commercial Court   Order a copy of this article
    by Budi Agus Riswandi 
    Abstract: In the practice of the Indonesian Commercial Court, claims for copyright infringement and compensation through the Commercial Court are sometimes ineffective and inefficient due to substantial and formal reasons. Therefore, this study aims to examine various decisions of commercial courts and the applicable copyright provisions through a normative legal research method. The results concluded three things; first, the issue is divided into two: 1) a court decision states copyright infringement by granting and stipulating a small compensation; 2) the court decision states copyright infringement but does not grant and settle compensation. Second, compensation by the Commercial Court has implications for copyright holders, infringers, law enforcers and the public. Third, a new formulation in terms of resolving copyright infringement with claims for compensation. This can adopt a model for the resolution of claims for damages through the formation of a small claims court.
    Keywords: compensation; implications; copyright infringement; Indonesia Commercial Court; Indonesia.
    DOI: 10.1504/IJIPM.2022.10053124
     
  • Adoption of information systems in OCB in the pandemic era mediates personality relationships, organisational culture on employee performance   Order a copy of this article
    by St. Sukmawati S., Rabiyatul Jasiyah, Suriadi , Made Setini 
    Abstract: Employee performance has an important role in maintaining the continuity of the banks business, especially in a pandemic condition, so this study seeks to examine what factors are the drivers and barriers to employee performance within regional banks. Organisation citizenship behaviour can adopting information systems moderate personality and culture on employee performance? This research is a quantitative research with purposive sampling as method sample where the object of research to be studied is Rural Banks in South Sulawesi Province, Indonesia. The analysis study of this research is 30 branch offices, by randomly selecting all employees who do not occupy leadership positions, but have more than three years of service; finally, a sample of 200 employees is obtained. This research was analysed by SEM analysis with AMOS as an application-processing tool. The results of the investigation show that organisational culture characteristics do not directly affect employee performance. Information Systems in OCB can mediate personality and organisational culture on employee performance. A strong personality creates work emotions, and a compassionate work atmosphere encourages employees to work after hours.
    Keywords: personality; organisational culture; employee performance and OCB; adoption of information systems; employee productivity; AMOS.
    DOI: 10.1504/IJIPM.2022.10053245
     
  • Emerging challenges of internal migrant workers in India: a need for law and governance   Order a copy of this article
    by J. Mahalakshmi, P. Balamurugan 
    Abstract: Internal migrants constitute a crucial part of the workforce in India. It has the potential for poverty reduction as it involves the poorer sections from the poorer regions in various economic sectors. Most industries would not have existed without internal migrant labourers because they are the backbone of various economic sectors, from rag-picking jobs to all sorts of key sources to the countrys overall economic development. Even though migrant workers play a vital role in various sectors, they cannot sustain themselves during the lockdown. Migrant workers are highly vulnerable and exposed to occupational hazards and health risks. Therefore, this paper attempts to study the causes of the low living standards of internal migrants, analyse the inadequacies in accessing the social security measures and address the research gap on the issue of policy framework in order to respond to the challenges faced by the migrant workers.
    Keywords: lock-down; health; hazardous; internal; migrant workers; poverty; social problems; vulnerable; workforce; India.
    DOI: 10.1504/IJIPM.2022.10053506
     
  • Optimising AIOps system performance for e-commerce and online retail businesses with the ACF model   Order a copy of this article
    by Vivek Basavegowda Ramu, Ajay Reddy Yeruva 
    Abstract: Artificial intelligence has changed the dynamics of e-commerce and the online retail business sectors forever. With natural language processing, machine learning, and predictive analysis, AIOps monitoring systems can use statistical methods to become an important element of business applications. The internets rapid progress has helped this domain grow. This study examines the operations that make e-commerce an effective way to conduct business worldwide. We devise ways to optimise the existing system to add more value to e-commerce-related industries and improve customer satisfaction. We also show how businesses should emphasise system performance for higher success. While AIOps for e-commerce and online retail businesses have been studied, no holistic method can be widely used and effective. In order to give away, we reviewed the literature, found shortcomings in the present KB, CBR, and GBR methodologies, and proposed an enhanced ACF model that may provide suggestions based on similar consumer behaviour. Performance testing enhances e-commerce and online retail user experience, customer retention, targeted advertising and revenue.
    Keywords: AIOps; performance testing; monitoring; machine learning; big data; artificial intelligence; predictive analysis; advertising; revenue; e-commerce; electronic commerce.
    DOI: 10.1504/IJIPM.2022.10053510
     
  • Examining the legality of artificial intelligence in driverless vehicles and its impact on road traffic laws-comparative analysis   Order a copy of this article
    by S. Suganya, E. Prema 
    Abstract: Automobiles had a huge impact. It transformed personal and commercial transportation, social infrastructure, urban planning and architecture, and even conflict. Automakers and electronics makers are committing greater resources to create driverless vehicles. As people seek independence, the competition heats up for intellectual property rights and to advance technology. A driver must control every road car. These regulations are outlined in two road traffic conventions dubiously applicable to self-driving or driverless cars. The notion of the driver in international traffic law, particularly the Geneva Convention on Road Traffic of 1949 and the Vienna Convention on Road Traffic of 1968, underlies many state traffic legislations. Legal questions are easy. The lack of a legal framework for robotics and self-driving cars is a current issue. Legal gaps and misapplications must be investigated to find solutions to new problems. This study compares autonomous robots and cars in the UK, the USA and India. Researchers suggest new rules and identify criminals based on the study. This study explores the legal implications of robotics and autonomous cars due to their rapid development and economic benefits.
    Keywords: artificial intelligence; autonomous vehicles; international conventions; Geneva Convention; legal policies; self-driving vehicles; traffic laws; Vienna Convention.
    DOI: 10.1504/IJIPM.2022.10053652
     
  • COVID-19 influence on the utility model registration activity in Bulgaria   Order a copy of this article
    by Fanny Koleva 
    Abstract: The aim of the paper is to reveal whether COVID-19 influenced on the utility model registration activity in Bulgaria and if so, in what direction. The paper discloses the utility model protection concept in the country based on a comparison with patents together with the trends in the relevant activity of applicants in the period 20072021 (i.e., before and after COVID-19 beginning) analysing the effect of the pandemics on it in a variety of dimensions. The paper respectively reaches the conclusion that although the general figures show that COVID-19 had no negative influence on the registration activity in the first pandemic year, the further in-depth analysis discloses that such an influence is at hand and moreover that it is significant. The same conclusion for a negative impact is at hand for 2021 as well. The figures for the first half of 2022, however, show that a change starts taking place probably.
    Keywords: utility models; registration activity; Bulgaria; inventions; patents; COVID-19; applicants; technology; intellectual property; protection.
    DOI: 10.1504/IJIPM.2022.10053946
     
  • Indias manufacturing informal workers: measuring the decent work index property   Order a copy of this article
    by Dhirendra Bahadur Singh, Ravi Kumar Gupta 
    Abstract: In countries like India, which are dominated by informal employment; it becomes crucial to achieve decent working conditions for the personal development of individuals and economic development. This article attempts to investigate the decent work condition of manufacturing informal workers of the central region of Uttar Pradesh, India, by constructing micro-level security sub-indices and one individual-level composite decent work index based on seven work-based security dimensions also used in People Security Surveys (PSS) by ILO. Further, it evaluates the impact of supply-side variables on the working conditions of workers using OLS regression. Findings indicate that only 25% of total workers were working with satisfactory decent work status. And ineffectiveness of qualification in improving decent work conditions in the absence of skill-based learning. It also shows poor working conditions for third-party contract workers. The study strongly suggests vocalising education and better implementation of labour laws to improve informal workers working conditions.
    Keywords: informal sector; decent work index property; security indicators; manufacturing sector; supply-side factors; India.
    DOI: 10.1504/IJIPM.2022.10054087
     
  • IP audit of an academic institute case study of central university and institute of excellence in India   Order a copy of this article
    by Priyadarshini Singh, Hanumant Singh Rathore, Nar Bahadur Chhetri, Gouri Gargate 
    Abstract: Academic institutes generate a plethora of intellectual property (IP). In India, the National institutional ranking framework (NIRF) by the Ministry of Education (MoE) provides certain weightage to IPR. However, there is a huge gap between IP generation among the Institute of eminence (IoE) and other universities. In this paper, the authors have tried to identify various types of IPs generated by both types of academic institutes and tried to structure them in the IP Audit framework developed by Gargate and Jain. The two case studies considered for comparison are a central university and IoE from India. The study output may help to understand the difference in IP generation at these two different sets of academic institutes. Authors have also suggested modifications to the IP audit framework. The authors have adopted an exploratory case study methodology.
    Keywords: intellectual property; IP; audit framework; central University; academic institute; institute of excellence; IoE.
    DOI: 10.1504/IJIPM.2022.10054088
     
  • Cooperation affects NGO staff performance patterns   Order a copy of this article
    by Himani Oberai, Budhi Sagar Mishra, Ila Mehrotra Anand, Leo Rathinaraj Antony Soundararajan, Smita Singh, TRIBHUWAN KUMAR 
    Abstract: In order to optimise employee productivity and overall profitability, non-profits must invest heavily in their human resources. Contrarily, the focus of this study will be on the value of cooperation and the strategies the non-governmental organisation (NGO) should use to improve the performance of the bank as a whole. Once the data have been collected using quantitative and qualitative techniques, SPSS descriptive statistics will be utilised to maintain the findings and support the research hypothesis. According to the study, qualities like trust, camaraderie, job happiness, and benefits directly impact employees productivity at the bank. The degree of teamwork among co-workers directly affects how productive an employee is. Using the statistical program SPSS, managers and staff of NGOs were surveyed; the results revealed a favourable correlation between employee performance and NGO cooperation. When employees cooperate at work, their productivity increases, and the efficacy of the organisations they work for rises. Good news for charitable organisations. Because of this, the collaborative NGO outperforms the non-collaborative NGO in terms of productivity. It was found that better communication results in greater cooperation amongst NGOs.
    Keywords: motivation; compensation benefits; team trust; transparency; organisational performance patterns; non-governmental organisation; NGO.
    DOI: 10.1504/IJIPM.2023.10054224
     
  • The registration of an iconic movie theme as a trade mark: only diamonds are forever   Order a copy of this article
    by Alexandros Antoniou 
    Abstract: The year 2022 was a landmark year for the James Bond franchise. It saw the 60th anniversary of the first Bond film Dr. No but also the death of the British composer Monty Norman who composed the hit music theme underlying some of the Bond universes most iconic and nostalgic moments. On the 25th of February of that same year, a part of the musical score also achieved trade mark registration. However, this development attracted little attention by academics and practitioners. The article takes Case R 1996/2020-5 on the registration of the sound of the famous James Bond theme as a case study and considers the broader question of when a movie theme is sufficiently distinctive to be a worthy contender of a sound mark. It reflects on the potential scope of protection afforded to key acoustic identifiers of films, alongside any copyright protection that may otherwise subsist in the sound.
    Keywords: trade marks; sound marks; registrability; EU law; movie themes; film industry; James Bond; copyright.
    DOI: 10.1504/IJIPM.2023.10054297
     
  • From innovation to integration of drones in business ecosystem: commercial and civilian drone opportunities and regulatory challenges   Order a copy of this article
    by K. Kirthan Shenoy 
    Abstract: From military history to city factories, Commercial and civilian use of drones has seen an exponential rise in a few years. As a result of the consistent development of technology, the drone invention has made its way into various countries commercial and civilian sectors. There has been a lot of change in aviation technology recently, and the legal framework is still trying to catch up on both the international and national levels. The widespread use of drones will benefit the business ecosystem, which includes companies that manufacture drones and companies that use drones as a service. The rapid adoption of technology raises many important issues that must be addressed to keep the drone ecosystem growing. Restrictions on export, import, intellectual property rights (IPR) management, product liability, insurance, and safety and security affect people and property rights. Civil and commercial drone use is growing, requiring a consistent regulatory framework and an agreement on important issues.
    Keywords: drones; unmanned aircraft systems; innovation to integration; civil and commercial opportunities; technology management; regulatory challenges; aviation ecosystem.
    DOI: 10.1504/IJIPM.2023.10054914
     
  • A review of the practices related to the protection of indigenous designs and traditional cultural expressions under intellectual property law in Canada and India   Order a copy of this article
    by Mohammed Abdul Fasi 
    Abstract: Traditional knowledge and cultural expressions are neither outdated nor obsolete rather, they may be extremely evolutionary, adaptable, creative, and even innovative. Traditional knowledge is usually kept solely by indigenous communities, who have different degrees of exclusivity. Misappropriation deprives craftsmen of a source of livelihood and result in a loss of income for the indigenous community. This research paper provides an overview of the various legal framework and possibilities for protecting indigenous designs and traditional cultural expressions in Canada and India. It addresses the existing national legislations to protect the indigenous designs and scenarios during which indigenous communities Intellectual Property rights were exploited by large corporations, as well as instances in which indigenous communities worked with large corporations to assist them in starting enterprises. Based on the findings the current Intellectual Property systems are relatively weak for safeguarding the traditional cultural expressions for indigenous communities in India and Canada.
    Keywords: intellectual property; indigenous communities; indigenous designs; traditional knowledge; intellectual property laws and regulations; traditional cultural expressions; case studies; Canada; India.
    DOI: 10.1504/IJIPM.2023.10055890
     
  • Innovation in knowledge management on employees productivity in the voluntary sector   Order a copy of this article
    by E. Hymavathi, Kalpana Koneru, Zakariya Chabani, Bestoon Othman, Long Tam Pham, Sanjay Rizal 
    Abstract: Teamwork is one of the most important factors for corporate success in the current world. Almost every business sector is paying more attention to teams now that it has been established that cooperation enhances individual, collective, and even corporate performance. Information and abilities are seldom frequently or freely exchanged amongst co-workers at work or with other volunteers for non-profit organisations. If information is not shared, it can lead to unproductive learning cycles and potentially serious organisational failures. A lack of information sharing may occur from associates not knowing each others strengths, not knowing how to get specialised knowledge, or from an organisational behaviour that discourages or does not facilitate the exchange of information and skills. This study explores team collaboration and how it affects internal and external employees. The authors studied which characteristics of effective teamwork are associated with long-term sustainability. Individual and group performance indexes were used to foster teamwork. Comparing individual and group ratings reveals differences between employees. This strategy used cooperative gaming.
    Keywords: teamwork; efficiency; independent organisations conservation; organisational strategies; finance industry.
    DOI: 10.1504/IJIPM.2023.10056306
     
  • Copyright: an effective remedy against image-based sexual abuse in the UK   Order a copy of this article
    by Smarnika Srivastava 
    Abstract: Technological advances have led to the harm of sexual violence being perpetrated online, through image-based sexual abuse. While existing criminal and privacy laws against this harm are being strengthened to provide justice to the victims, the court process is tedious, time consuming and expensive, while the private images remain on the internet, thus continuing the harm. The UK copyright laws can be used to curb this spread. By relying on intermediary liability under the E-Commerce Directive 2000, victims can use the takedown notice approach to remove their images, which despite its drawbacks, remains to be effective. However, this approach can only be relied on by victims who are the authors/owners of the copyright in their private images. Often, victims private images/videos are taken without their knowledge, resulting in their copyright belonging to the perpetrator. In such cases, I have argued that delivery-up of copyright to the victim will prove to be an appropriate remedy to take down such content from the internet.
    Keywords: image-based sexual abuse; copyright law; e-commerce directive; intermediaries; private sexual images; takedown; authorship; delivery-up; revenge pornography; privacy.
    DOI: 10.1504/IJIPM.2023.10056368
     
  • Incidence of speculations in equity return: evidence from Indian share market   Order a copy of this article
    by Jimnee Deka, Meghna Sharma, Kamesh Tiwari 
    Abstract: The capital asset pricing model (CAPM) and the efficient market hypothesis (EHM), two essential aspects of theorising traditional financial theories, assume rationality in investors and the overall market. These challenge the assumptions of investors being rational and making informed decisions. Human sentiments, behaviour, and emotions have started conquering the study of financial markets. Several studies are already dedicated to learning the risk-return component of the financial market. But there has been less devotion towards understanding what makes equities investments to be considered inherently riskier than debts. The analysis here attempts to separate fundamental and speculative factors from the performance of the Indian market indices. The fundamental element mimics the pattern in the firms profits and how that affects investment returns. The impact of a change in the valuation of earnings on investment returns, or in other words, a movement in the P/E values, is shown in the speculative component. The optimism and pessimism level of investors is the cause of this. Statistical analysis of the markets overall returns demonstrates a considerable prevalence of speculative elements.
    Keywords: behavioural finance; equity returns; financial markets; Indian share market; fundamental analysis; speculative returns.
    DOI: 10.1504/IJIPM.2023.10056386
     
  • Bankings new frontier: overcoming anti-money laundering challenges with innovative technology   Order a copy of this article
    by Abhishek Thommandru, Benarji Chakka 
    Abstract: Emerging technology can help in mitigating money laundering and other financial crimes. Blockchain is considered one of the worlds best-known emerging technologies. It can change many processes, payments between peer-to-peer, trade agreements and reducing compliance cost. The banking sector is identified as the main means for laundering illicit money, banks generally have access to both banking mechanism and legal authority to make decisions. Money launderers and those financing terrorism are conveniently accessing financial institutions and making their profitable channel of loopholes in its mechanism like manipulating know-your-customer (KYC). To bridge this gap this current paper focuses on issues of compliance and anti money laundering policies in the banking sector by using blockchain; the paper keenly focuses on KYC manipulation and the financial burden on banks for anti-money laundering (AML) compliance policies. This work examines the fault lines in the current financial system followed by regulators and questions how better these gaps could be remedied. This research uniquely relates to the capability of blockchain technology to bring banking systems with recalibrated mode of compliances polices.
    Keywords: blockchain; money laundering; AML compliance; banking laws; KYC.
    DOI: 10.1504/IJIPM.2023.10056685
     
  • Road safety and patents: a study for sustainable development   Order a copy of this article
    by Soumya Prakash Patra 
    Abstract: Cross-functional application of legal principles in technology is rare but necessary. Technologies now have cross-functional roles in various research areas. For instance, in the automotive field, efforts to develop safer technologies by integrating learnings from embedded systems, IoT, etc. are ongoing. Balancing public interest in making technologies affordable and commercial interests of innovators is necessary when implementing such inventions in big markets. In this regard, legal jurisprudence and technological learnings from the management of telecom patents by SSOs under FRAND can be followed in other areas such as automotive safety systems. This article proposes a sui-generis model for regulating standard essential patents (SEPs) in the automotive domain and explores legal reasoning for legislation that balances private and public interests in developing economies like India.
    Keywords: standard essential patent; SEP; patents; automotive standards; antilock brake systems; ABS; combined brake systems; CBS; standardisation.
    DOI: 10.1504/IJIPM.2023.10056769
     
  • Developing intellectual property management skills and the entrepreneurial university element: an educator perspective   Order a copy of this article
    by Robert Crammond 
    Abstract: The successful journeys of university students can be witnessed through qualifications, industry-relevant skills, and networking opportunities. A core element of this, now prevalent within universities, is the development of entrepreneurial attributes towards new ventures or start-ups. Universities wish to centralise the entrepreneurial process, through problem solving, creativity, and start-up activities. This results in the building of intellectual capital (IC) amongst students and staff, acknowledging intellectual property (IP) and intellectual property management (IPM), presenting added value. However, there is a lack of empirical investigation assessing the development of IPM-relevant skills within undergraduate courses. This paper explores a pathway of courses within a Scottish university, including leadership, acceleration, enterprise, and management topics with cohorts totalling over 350 students. Viewed through the educator perspective, multi-staged coded analysis realises the necessary points of IPM intervention, to orientate skills acquisition for IC. Subsequently, a model of factors and anticipated outcomes appreciates university-based exposure to IPM.
    Keywords: entrepreneurship; higher education; innovation; intellectual property management; IPM; intellectual capital; university.
    DOI: 10.1504/IJIPM.2023.10057335
     
  • Emotional intelligence and managerial leadership in the fast moving consumer durable goods industry in Indias perspective   Order a copy of this article
    by Mithila Roy Bardhan, Madhurima Ganguly 
    Abstract: Dynamic nature of the FMCG sector perpetually provides a tricky challenge for organisational leaders to nurture their employees. High demand for products, less shelf life and tough competitors always challenge the leaders to uphold their products in the market. Due to technology and e-commerce, many new competitors have joined the market, vying with the industrys veterans. Due to their unique business models that match client needs, these firms are expected to boost FMCG industry income in the future. Managers leadership styles depend primarily on emotional intelligence. This quantitative study examines how emotional intelligence influences West Bengal FMCG senior managers leadership styles. 500 FMCG managers were selected. PLS-SEM is used to study. Emotionally competent leaders choose transactional and transformational leadership styles depending on the occasion. Managers transactional leadership style is strongly influenced by their sympathetic awareness, as shown by a path coefficient of 0.755. Transformational leadership style has a path coefficient of 0.693, indicating that managers empathy affects their organisational management. Thus, sympathetic awareness and emotion regulation predict good management leadership.
    Keywords: mpathetic awareness; transactional leadership; transformational leadership; managerial employees; India’s perspective; fast-moving consumer durable; FMCG; managerial leadership.
    DOI: 10.1504/IJIPM.2023.10057769
     
  • Skills required for 4IR professionals in technology-based firms   Order a copy of this article
    by Erika Sofia Olaya-Escobar, Diana Carolina Cabra Ballesteros, Adriana Marcela Zambrano Sánchez, Josué Vladimir Ramírez Tarazona 
    Abstract: The accelerated changes in society driven by the fourth industrial revolution have led to new paradigms in the economy, which in turn has generated new challenges that require professionals to develop skills that would make them better suited to respond to them. Technology-based firms are no strangers to this phenomenon; their knowledge-centred dynamics have made them a favourable scenario for the incorporation of professionals with the right combination of skills that will enable them to take on the challenges imposed by society. The contribution of this works provides a basis of information on identified and categorised skills inherent to NTBFs within the context of the 4IR, in order for recruiters, trainers and policymakers have information relevant to design strategies, programs and action plans for strengthening the skills required to respond to challenges faced by these professionals in a volatile, uncertain, complex, and ambiguous environment.
    Keywords: fourth industrial revolution; technology-based firms; technical skills; management skills; soft skills.
    DOI: 10.1504/IJIPM.2022.10058579
     
  • The effects of employee engagement on workplace motivation, growth opportunities, and retention pattern   Order a copy of this article
    by S. Kasinathan, M. Rajee 
    Abstract: This research aims to determine how employee engagement (EE) impacts employee retention in the IT industry. This research was conducted in Chennai city (capital of the Indian State of Tamil Nadu). This cross-sectional study has been designed to combine descriptive and analytical elements to assess two distinct components, namely workplace motivation and growth opportunities. These two elements were carefully examined: their importance to EE and their effect on employee retention (ER). This study has been designed with a sample of 472 respondents to get the necessary data. The Social Sciences Statistical Package (SPSS v.16) Software was employed for quantitative and qualitative data analysis. The association between the factors highly linked to EE and ER was used to test hypotheses. The report suggests that the IT sector should regularly assess motivational factors and provide possibilities for growth to retain potential talent.
    Keywords: employee engagement; motivation; opportunity for growth; retention; employee retention pattern; IT industry; cross-sectional study; individual outcome; degree of commitment; employee involvement.
    DOI: 10.1504/IJIPM.2023.10058777
     
  • Protecting intellectual property in low trust environments: game theoretic modelling of overproduction in contract manufacturing   Order a copy of this article
    by Zachary A. Collier, Dale A. Henderson, Jerry M. Kopf 
    Abstract: The deverticalisation of the global semiconductor supply chain has resulted in the common practice of contract manufacturing, in which a design house outsources fabrication to a third-party manufacturer. Despite cost savings associated with this practice, there exist risks associated with the unauthorised intellectual property use represented by the chip design. For example, overproduction occurs when the manufacturer produces additional units beyond the contracted amount and sells them at a discount, undercutting the design house. We conceptualise and model the overproduction problem as a risky make or buy decision for the chip designer using decision analysis and game theory. We find that when the problem is viewed as an iterated game, strategies emerge to incentivise cooperation between the designer and manufacturer. However, we also find that a means to detect whether overproduction has occurred is required.
    Keywords: overproduction; contract manufacturing; outsourcing; supply chain risk management; intellectual property.
    DOI: 10.1504/IJIPM.2023.10059124