International Journal of Intellectual Property Management (23 papers in press)

Regular Issues

• Open Access

  Unfair competition and the legal protection of the unregistered scent marks in UAE: a comparative study ( Free Full-text Access )

  by Mohamed Morsi Abdou 
  Abstract: This article presents a new systematic analysis of the effectiveness of an unfair competition claim in the UAE for protecting the unregistered scent mark. The main aim of this article is to discuss the specificity of an unfair competition claim for civil protection of unregistered scent marks. This objective will be achieved by: 1) an analysis of the requirements for filing an unfair competition lawsuit; 2) discussing the difficulties in the registration of scent mark; 3) presenting the provisions of the UAE jurisdictions concerning the unfair competition lawsuit; 4) concluding the most important acts of unfair competition related to the scent mark. In this context, it is particularly important to analyse the specific aspects that should be taken into consideration when applying an unfair competition lawsuit to protect the legitimate interest of the owner of the unregistered scent mark. The article concludes that the judiciary in UAE should play a prominent role in protecting the unregistered scent mark used by national and foreign investors until the intellectual property laws settle on the mechanism for registering this type of unconventional mark.
  Keywords: scent mark; unfair competition; compensation; liability; UAE.
  DOI: 10.1504/IJIPM.2024.10067027
   
  
• Innovation Capabilities with Strategic Orientations towards Firm Performance in Technology Based Organizations: The Managerial Implications for Future of Business  
  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  
  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  
  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
   
  
• Road safety and patents: a study for sustainable development  
  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
   
  
• Knowledge diffusion and new technologies: a spillover analysis on the artificial intelligence case  
  by Ahmed Bounfour, Alberto Nonnis, Phuong Le, Clément Sternberger 
  Abstract: This paper studies knowledge diffusion between different types of organisations (platforms, large organisations, and smaller organisations) through spillovers within the artificial intelligence (AI) sector. Analysing patent-based data from 2000 to 2019 and a large panel of approximately 97,000 worldwide applicants, we observe that knowledge created by all categories positively influence knowledge creation within the sample. However, the benefits of spillovers vary across categories, with platforms that show limited gains from knowledge diffusion, while smaller organisations emerge as the primary beneficiaries of knowledge created by the other categories.
  Keywords: artificial intelligence; AI; knowledge; knowledge diffusion; patent analysis; digital platforms.
  DOI: 10.1504/IJIPM.2023.10062733
   
  
• The danger of deepfakes, Indian laws and platform responsibility  
  by Smarnika Srivastava 
  Abstract: In the realm of digital media, deepfakes have become the most sophisticated means of spreading disinformation and indulging in harms such as pornography, commercial frauds, fake news, and political propaganda. This paper analyses a few current legal solutions in India which can be repurposed to apply to deepfakes, such as copyright, criminal laws, right to privacy, etc., however, it has been argued that these are insufficient to tackle these threats. In recent years, India has seen a shift towards platform responsibility and pro-active monitoring, in light of which, the author discusses the reasons why intermediaries should be responsible for moderating content. To do the same, platforms need to strike a balance between respecting the fundamental rights of users and due process principles while taking down harmful content. The author also suggests that criminal legislation should be updated to encompass the harmful uses of deepfakes so that platforms have a legal basis to respond to them, amongst other solutions. Further, some recommendations have been made in the paper on how platforms can update their policies and guidelines to combat the same.
  Keywords: deepfakes; pro-active monitoring; content moderation policy; platform responsibility; intermediary liability; IT Rules 2021.
  DOI: 10.1504/IJIPM.2024.10062876
   
  
• An empirical study on message forwarding on social networking sites: a sample of Vietnamese users  
  by Quang Dung Truong, Nam Tien Duong, Thuy Dung Pham Thi 
  Abstract: The study aimed to explore the influence of message perceptions, social identity, and subjective norms on message-forwarding intentions among users on social networking sites (SNS). Integration of the information adoption model and the technology adoption model 2 was used as a theoretical background. With a sample of 350 participants, the study attempted to investigate the relationships among the constructs. SPSS and AMOS were used to perform statistical analysis. The findings showed that: 1) the message quality and the credibility of the message source affect users perceived message usefulness; 2) users sense of social identity with the SNS affects their subjective norm of the community; 3) the expectations and opinions of community members affect users intentions to forward messages; 4) users message perceptions (e.g., perceived message usefulness, playfulness) have a positive impact on their forwarding intentions. Finally, the findings can provide SNS operators and researchers with some insights.
  Keywords: forwarding; identity; user perception; subjective norms; source credibility.
  DOI: 10.1504/IJIPM.2024.10062954
   
  
• Understanding the possibilities, challenges, and opportunities in relationship between IPRs and food technology  
  by Khushboo Bhurat, Swapnil Sureshchandra Bhurat, Priyanka Dhoot 
  Abstract: The role of intellectual property rights (IPRs) in the context of food innovation and protection is of great importance in both global and Indian scenarios. It highlights the significance of IPRs in encouraging investment in research and development (R&D) within the food industry. This review emphasises the positive impact of IPRs in promoting R&D investment in the Indian food sector that have leveraged IPRs to foster innovation in food processing techniques and establish distinctive brand identities. The review also delves into the challenges and limitations of IPRs in food technology. The protection of traditional foods and cultural heritage is another area where IPRs have limitations, despite the existence of geographical indications (GIs) for certain products. The intersection of IPRs and food safety regulations has been examined distinctively to emphasise the need to balance intellectual property rights with public health concerns. Harmonisation of IPRs and food safety standards, facilitated by international organisations like the world trade organisation (WTO) and the codex alimentarius commission, is seen as a positive step towards ensuring compatibility and coherence between the two regulatory frameworks.
  Keywords: IPR in food industry; IPR and food safety; food patents; food GIs; trade secret.
  DOI: 10.1504/IJIPM.2024.10063551
   
  
• The impact of intellectual capital on financial performance for selected Indian pharmaceutical companies  
  by R.S. Mangayarkarasi, C. Mugunthan 
  Abstract: This paper analyses, in light of the evolving Indian pharmaceutical business, the critical relationship between financial success and intellectual capital. The study compares the effects of intellectual capital components on key financial measures for distinct organisations. This study is based on the relational, structural, and human capital framework of intellectual capital. Thus, this study suggests increasing overall resource investment to boost revenues. Few studies have examined the sensitivity and comparability of financial performance and returns on equity for Indian pharmaceutical enterprises. For Indian pharmaceutical businesses, this procedure examines return on equity, operating profit margin, gross profit margin, net profit margin, total asset turnover, and financial leverage. The study discovered a strong positive association between intellectual capital and financial performance. The report suggests policymakers, regulators, and directors invest in intellectual capital to boost financial success. This study compares Sun Pharmaceutical Industries Limited, Torrent Pharmaceuticals Limited, Dr. Laboratories Reddys Limited, Divis Laboratories Limited, and Cipla Limited. The companies were chosen by market cap. A selection of pharmaceutical businesses 20192023 net profit, earnings per share, operational profit margins, and annual sales growth are examined in this study.
  Keywords: Indian pharmaceutical; intellectual capital; financial performance; Dupont model; encompasses relational; structural and human capital; theoretical foundation; pharmaceutical businesses; India.
  DOI: 10.1504/IJIPM.2024.10063833
   
  
• Game-changing factor: the recognition of video gamers copyrights  
  by Ruslan Budnik, Maxim Zverev, Astamur Tedeev 
  Abstract: The article discusses the idea that video gamers should have copyrights for the works they create and tests the hypothesis that players aim to make money by selling their rights, while game owners often deny such rights. The paper argues that allowing users to trade their intellectual property (IP) rights can benefit owners of video games and reduce the existence of a grey market for gaming items. The research methodology involves a doctrinal analysis of the protectability of artefacts developed by players, a classification of the provisions on IP rights of end-user agreements, a targeted survey among gamers about their motivation, as well as a debriefing of holders of hacker gaming platforms about their attitude to the copyrights of users. Our results show that players should have copyrights for the created works and the viability of a business model built on the legal trade of gamers' IP rights.
  Keywords: video games; creativity of gamers; gaming artifacts; gamers’ copyright; gamers’ motivation.
  DOI: 10.1504/IJIPM.2024.10064096
   
  
• New product development is possible with green patent: the moderating role of technological advancement and sustainable development goals  
  by Gao Yuan, Rahimi Abidin, Faisal Zulhumadi 
  Abstract: The purpose of this study was to measure the impact of green patents, technology advancement, and sustainable development goals on new product development. A Likert-scale questionnaire was developed, and data was collected from the production managers of different Chinese large-scale firms. A sample of 285 respondents was collected with cross-sectional approach. The findings of this study were determined using partial least square structural equation modelling (PLS-SEM). The empirical findings confirmed that the impact of green patents, technological advancement, and sustainable development goals is positive and strong on new product development. The study also confirmed that the moderation of technological advancement and sustainable development goals positively strengthens the relationship between green patents and new product development. The study concluded that the role of green patent is important for new product development in Chinese market. The research theoretically improved the body of knowledge and provided valuable recommendations for policy implications.
  Keywords: green patent; technological advancement; product development; sustainable development goals.
  DOI: 10.1504/IJIPM.2024.10064172
   
  
• Corporate governance and intellectual capitalefficiency: empirical evidence from Palestine  
  by Raed Abdelhaq, Ammar Salem, Duha Rabaia, Lina Jardaneh, Abdulnaser Ibrahim Nour, Abdalmuttaleb M.A. Musleh Al-Sartawi 
  Abstract: This paper aims to examine the association between corporate governance (CG) and intellectual capital (IC) efficiency in the context of Palestine. The study sample consist 43 firms, which listed in Palestine Stock Exchange (PEX) over the period 2013 to 2022, totalling 430 observations. Utilising the value-added intellectual coefficient to measure IC encompassing human, structural, and employed capital and robust regression analysis through STATA software. Findings indicate a significant association between IC and both board gender diversity and board education, while board size and CEO duality appear associated. These insights offer practical guidance for regulatory bodies, management, and shareholders, especially serves the Capital Market Authority in supporting the implementation of the five-year financial technology strategy, as this study provides empirical evidence to support this initiative at the appropriate time. This novel research enhances understanding of CGs impact on IC in emerging markets, a relatively unexplored area in existing literature. In particular, to the authors knowledge, this study is the first in Palestine that explore the association between IC and CG.
  Keywords: corporate governance; intellectual capital efficiency; Palestine Stock Exchange; PEX; Palestine.
  DOI: 10.1504/IJIPM.2024.10064510
   
  
• Pre-grant opposition: a strategic tool for patent invalidation and boosting innovation  
  by Bhanu Verma, Ajayta Agarwal, Pratyush Maiti, Shibaji Ghosh 
  Abstract: The article outlines the process of pre-grant opposition and the requisite criterion for the same. The case in question is an application for a patent that faced significant objections on the absence of inventive steps and the subject matter falling under non-patentable sections of the Patent Act from the Patent Office and the Council of Scientific and Industrial Research (CSIR). CSIR filed a pre-grant opposition in the form of representation, challenging the patentability of the application on grounds covered u/s 25(1). Indian patent office accepted the representation filed by CSIR and denied the grant of patent under Section 25(1) as per Rule 55(6). Then the appellant appealed in the High Court at New Delhi and the court concluded that the subject application did not meet the requirements of Section 3(d) and Section 2(1)(ja) of the Act, and the invention did not address the objection raised by the Indian patent office.
  Keywords: opposition; pre-grant opposition; The Patents Act 1970; inventive step; obviousness; economic significance.
  DOI: 10.1504/IJIPM.2024.10064558
   
  
• Economic intellectual growth significance and youth unemployment: a cross-country analysis (20002023)  
  by Mengyang Gu, Xingmei Hu, Xiaolin Ma 
  Abstract: The study presents a dynamic interaction between the pace of intellectual economic growth and youth unemployment in four countries: Brazil, South Africa, Germany, and the USA. The analysis spans 23 years, from 2000 to 2023. A deeper study of secondary data gathered from reliable worldwide sources is investigated in this research project using the quantitative research approach. According to the data, youth unemployment was predicted and influenced by economic growth at different times. The influence of major variables, such as the inflation rate, wage levels, and foreign direct investment (FDI), varied among the countries. Unexpectedly, South Africas GDP growth rate correlates adversely with youth unemployment, while foreign direct investment correlates positively. The Brazil analysis identified no significant predictors, suggesting other variables may affect the model. The study employs regression models and Granger causality tests to find trends, correlations, and probable causal links between economic indicators and teenage labour market outcomes. Pre-processing and data extraction with STATA organise and purify data for research analysis.
  Keywords: youth unemployment; economic intellectual growth; cross-country analysis; inflation; foreign direct investment; FDI; gross domestic product; granger causality.
  DOI: 10.1504/IJIPM.2024.10065298
   
  
• Disruptive innovation and digital economy: antitrust practices and legal challenges  
  by Sherin Priyan, Gouri Gargate 
  Abstract: Disruptive innovation has complicated the innovation competition debate due to its fundamental nature of changing consumer markets and their choices. In this paper, the authors have focused on the scope and extent of disruptive innovation, the effect on the existing market players (incumbents), and the role of the digital markets in increasing the frequency of disruptive innovation. The authors have considered the role played by disruptive incumbents, mainly the big tech companies, and the treatment of the regulatory authorities toward such business practices. In analysing this, the authors have considered the USA, EU, and India merger control practices. Doctrinal research methodology is used for this research.
  Keywords: disruptive innovation; incumbent firms; digital disruptions; abuse of dominant position; market definition.
  DOI: 10.1504/IJIPM.2024.10066390
   
  
• Challenges in commercialisation of protected university agricultural research outputs: a review in the context of global hunger and the Kenyan experience  
  by Amos Arumba Nyameino, Amos Saurombe 
  Abstract: Universities are becoming actively involved in protecting their agricultural innovations due to the growing need for sustainable food systems (SFS) and the demand for solutions to global challenges. They have established technology transfer offices (TTOs) to facilitate the protection and commercialisation of research outputs generated at their universities. However, the agricultural sector encounters various challenges that significantly impact uptake of agricultural research outputs. The present study was undertaken in Kenya, where severe droughts have occurred. Findings indicate that while there is an increase in IP protection for innovations generated at the universities, there remains a need for increased commercialisation of this IPs. This study used a quantitative methodology to assess the collected data, and the result indicate that academic institutions prioritise teaching and do not promote the commercialisation of academic research outputs. The study thus recommends that universities establish industrial hubs and streamline administrative procedures to reduce bureaucratic barriers.
  Keywords: agriculture; climate change; patents; innovations; universities; intellectual property management; commercialisation of patents; research outputs; sustainable food systems; SFS.
  DOI: 10.1504/IJIPM.2024.10066939
   
  
• Intellectual property management and strategy: a review  
  by Ajay Kumar Samariya, Shweta Bahl, Dheeraj P. Sharma 
  Abstract: Intellectual property management and strategy (IPMS) are crucial for safeguarding innovations and driving technological advancements in todays knowledge-centric information economy. However, with the diverse facets of intellectual property rights (IPRs) such as patents, copyrights, and trademarks, there are varying strategic approaches and challenges across the different business domains. This research delves deep into a systematic literature review on IPMS spanning two decades (2003-2023). By employing rigorous bibliometric techniques, we systematically analyse and examine relevant literature to uncover key insights. Our exploration unveils that the literature focus saw a shift in the initial decade, witnessed strategies such as value creation and utilising intellectual properties (IPs) as drivers for the expansion of businesses; the second decade shifted the discourse to developing appropriation strategies, the changing perspectives, and the skilful navigations of the complex legal framework about IPs. Additionally, we enrich the discourse on IP evolution from legislative frameworks to modern strategic management. Our research paves the way for new directions in investigation, focusing on the complex dynamics of IPMS.
  Keywords: intellectual property management; strategy; systematic literature review; bibliometric analysis; open innovation; appropriation strategies; non-market strategies; CiteSpace.
  DOI: 10.1504/IJIPM.2024.10067024
   
  
• Why a product classification system for geographical indication protection is important  
  by Miranda Risang Ayu Palar, Helitha Novianty Muchtar, Rahmanisa Purnamasari Faujura, Mieke Namira Fuadi, Siti Syafa Naila Arsyad 
  Abstract: This article argues that the establishment of a special product classification for geographical indication (GI) in the intellectual property (IP) legal system is important to make the registration process easier and more comprehensive. This article explains arguments in favour to the establishment of GI product classification and aims to propose a model of GI product classification that may be applicable for different countries. Data in this article were obtained by qualitative research. Descriptive analysis and legal comparison were used to explore the arguments about the importance of GI product classification. An exploratory approach was used to compose a single model of GI product classification system. The research results show that establishing GI product classification is important because of administrative, substantive and specific reasons. Unlike classifications for trademarks, patents or industrial designs registration systems, classification for GI is likely to have more substantial significance rather than merely administrative.
  Keywords: geographical indication; product classification; intellectual property.
  DOI: 10.1504/IJIPM.2024.10067157
   
  
• Two sides of the same coin: the Darjeeling tea saga and the need to reform the legal protection of geographical indications  
  by Aneela Fatima, Nikolaos Voutyrakos 
  Abstract: The TRIPS Agreement provides a minimum standard of protection for geographical indications (GIs) concerning rural nations. This paper explores the intricate dynamics of the international protection of GIs through trademark protection, sui generis protection, and international treaties, which are an integral part of the IPR legal arsenal, fostering equitable competition and instilling confidence in consumers. This debate is culminated in the Darjeeling tea saga, which aptly illustrates the challenges that rural nations such as India may have while pursuing GI protection. This paper aims to comprehensively evaluate the effects of trademark protection and sui generis protection on the relevant stakeholders including producers, consumers, local economies, and international commerce at large. The ultimate goal is to provide policymakers, legal practitioners, and stakeholders with insights into the complex factors that must be taken into account when safeguarding GIs in the contemporary global market.
  Keywords: geographical indications; Darjeeling tea; sui generis; trademark; India; certification mark; TRIPS Agreement.
  DOI: 10.1504/IJIPM.2024.10067680
   
  
• A study on the relationship between inventors challenging work experiences, personality, creativity and high-quality patents  
  by Gao Yuan, Rahimi Abidin, Faisal Zulhumadi 
  Abstract: Securing high quality patents has become challenge for modern businesses. The emerging businesses require high quality patent for their products which is improved with creativity. The purpose of the current study was to measure the relationship between inventors challenging work experience, personality, creativity, and high-quality patents. This research has been conducted on the firms in Jiangsu, China. The population of this study was R&D personnel who hold formal positions in the companies working in Jiangsu. The study used a Likert scale questionnaire to collect data, and purposive sampling was used. Partial least square-structural equation model (PLS-SEM) was used in this study to measure the results using Smart PLS 3. The study contributes to gaps in literature by explaining the relationships between inventors challenging work experience, personality, creativity, and high-quality patents. The study recommends the importance of inventors challenging work experience, personality and creativity for high quality patents.
  Keywords: high-quality patents; inventor working; work experience; inventor creativity; patent management.
  DOI: 10.1504/IJIPM.2024.10067749
   
  
• A tale of two systems: comparative intellectual property rights management in T  
  by Esra Dundar Aravacik, Serhat Burmaoglu 
  Abstract: This study conducts a comparative analysis of intellectual property rights management (IPRM) between T
  Keywords: intellectual property rights management; legal framework; IPRM policy; Türkiye; USA; innovation ecosystem.
  DOI: 10.1504/IJIPM.2024.10068015
   
  
• Cybersecurity: practices and implementation of song or music copyright royalties on digital platforms in Indonesia  
  by Tasya Safiranita Ramli, Riyana Sabina, Rifa Elvaretta Khansa, Ahmad M. Ramli 
  Abstract: The music industry has undergone significant transformation since the early 21st century, driven by the emergence of digital technology such as music streaming platforms and online music stores. While these developments have brought considerable benefits to copyright owners and listeners, they have also presented new challenges related to cybersecurity and copyright protection. In Indonesia, the establishment of the National Cyber and Encryption Agency (BSSN) and cybersecurity regulations demonstrates the governments commitment to addressing these threats. However, there are still unresolved copyright violations, particularly with regard to song copyright royalties on digital platforms. Utilising an adapted approach method, which employs a normative juridical approach, this journal aims to illuminate the need for further efforts in developing regulations to address differences in rules and copyright mechanisms on global digital platforms. Additionally, it emphasises the importance of strengthening cybersecurity practices to combat piracy and maintain the sustainability of legal business models in the music industry. By exploring the financial, emotional, and reputational impacts of royalty violations, this journal provides a comprehensive understanding of the urgency of copyright protection and cybersecurity in maintaining the stability of the music industry in the digital era.
  Keywords: cybersecurity; royalties; song or music copyright; digital platforms.
  DOI: 10.1504/IJIPM.2024.10068017