Forthcoming Articles

International Journal of Intellectual Property Management

International Journal of Intellectual Property Management (IJIPM)

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International Journal of Intellectual Property Management (28 papers in press)

Regular Issues

  • Anti-competition practice with patent pooling agreements in the pharmaceutical sector in India   Order a copy of this article
    by Ipsita Das, Anas Mhanna, Aranya Nath, Anusuya Ghosh 
    Abstract: This article critically examines the interplay between patent pooling agreements and anti-competitive practices in Indias pharmaceutical sector. While patent pools can promote innovation by reducing transaction costs and facilitating the sharing of technological know-how, they may also be misused to create monopolies, inflate drug prices, and restrict market entry, ultimately affecting access to affordable medicines. The study explores Indias legislative framework, particularly the Competition Act, 2002, and the Patents Act, 1970, analysing how these laws regulate anti-competitive behaviours. The role of the Competition Commission of India (CCI) in assessing mergers, licensing arrangements, and patent pooling is discussed, with attention to the regulatory gaps and jurisdictional overlaps. Through doctrinal analysis and comparative insights from global standards (WIPO and WHO), the paper emphasises the need for transparent, balanced regulations that ensure innovation without compromising public health. Recommendations are offered to enhance oversight, promote fair licensing, and safeguard affordable drug access in India.
    Keywords: pharmaceutical industries; Trade-Related Aspects of Intellectual Property Rights; TRIPS; patent pooling; competition laws; anti-competitive agreement; patent act; public health; regulatory framework; drug accessibility; compulsory licensing.
    DOI: 10.1504/IJIPM.2025.10076699
     
  • Contractual governance of intellectual property in open innovation: a comparative risk-based framework   Order a copy of this article
    by Andreza Cristina Baroni, Andréa Torres Barros Batinga De Batinga De Mendonça, Fernanda Salvador Alves 
    Abstract: Although the literature recognises the importance of contracts in managing collaborative innovation, few studies have examined the legal risks arising from their absence, particularly in legal systems that privilege the individual inventor, such as Brazil. This theoreticalexploratory article critically analyses the relationship between open innovation, contracts and IP governance, drawing on academic literature and relevant national and international legislation. The findings advance a conceptual framework that comprises three risk dimensions, demonstrating that the absence of formal contracts can trigger ownership disputes, additional costs of innovation exploitation, and uncertainty in inter-organisational collaborations. A comparison across Brazil, the USA, the European Union and China indicates that, while in foreign contexts contracts often function as complementary instruments, in Brazil they assume a structural role in enabling the appropriation and commercialisation of innovation outcomes. The study underscores the salience of contracts as key governance mechanisms and proposes normative and strategic guidelines for firms, policymakers and researchers seeking to consolidate collaborative innovation ecosystems.
    Keywords: open innovation; OI; intellectual property governance; contractual mechanisms; legal risks.
    DOI: 10.1504/IJIPM.2026.10077658
     
  • Intellectual capital and firm performance: the role of knowledge and innovation evidence from SMEs in Vietnam   Order a copy of this article
    by Tam Phan Huy 
    Abstract: This study examines the impact of intellectual capital on firm performance, emphasising the mediating roles of knowledge management and innovation and the moderating effects of organisational culture and technological turbulence. Using partial least squares structural equation modelling (PLS-SEM), data from 342 SMEs in Vietnam were analysed to assess these relationships. The findings confirm that intellectual capital significantly enhances firm performance, both directly and indirectly through knowledge management and innovation. Moreover, organisational culture strengthens the intellectual capital-firm performance relationship, highlighting the importance of a collaborative and knowledge-sharing culture. Conversely, technological turbulence negatively moderates this relationship, suggesting that firms in dynamic technological environments face challenges in fully leveraging intellectual capital for performance improvement. This study contributes to theories, providing theoretical and practical insights into optimising intellectual capital for competitive advantage. The results emphasise the need for firms to develop strategic knowledge management systems, foster innovation, and build adaptive capabilities to mitigate technological disruptions.
    Keywords: intellectual capital; IC; knowledge management; KM; innovation; firm performance; FP; Vietnam.
    DOI: 10.1504/IJIPM.2026.10077777
     
  • Ethical and institutional aspects of copyright in Gen AI for legal academia   Order a copy of this article
    by Anwesha Pal, Aranya Nath, Sneha Maji, Suman Mohanty, Sovna Parida, Parismita Nanda, Gautami Chakravarty, Debashrita Manik, Kritika Poornomy Mohanta 
    Abstract: Legal education in the digital era has progressed with the emergence of Gen AI tools such as ChatGPT, Claude, and Copilot. Students are using these tools for their internal assessments, creating PowerPoint presentations, and more. However, the authors are concerned about authorship, creativity, and academic integrity of AI-generated works. Similar to Copyright Law, there are no clear provisions regarding the authorship of AI-generated works. Therefore, it is important to understand whether AI-generated works can be protected by copyright under the Copyright Act. Since the Indian Copyright Act does not explicitly support AI-generated creations, we need to determine which legal framework allows Indian law schools to incorporate Gen AI responsibly without infringing copyright or undermining authorship standards. This research article addresses these issues through doctrinal and comparative analysis, including authorship, originality, legality of text and data mining (TDM), and campus intellectual property (IP) governance, and offers several suggestions to develop a structured framework for managing the legal challenges of AI in legal education. The most significant contribution of this article is the development of a doctrinally grounded and practically applicable framework that enables Indian law schools to adopt generative AI tools responsibly while upholding academic integrity, copyright compliance, and authorship standards.
    Keywords: copyright law; academic; ethics; Gen AI; institutional governance.
    DOI: 10.1504/IJIPM.2026.10077831
     
  • Mitigating managerial opportunism through intellectual capital: insights from a fragile emerging economy   Order a copy of this article
    by Alaa Jarrar, Duha Jamal Rabaia, Raed Abdelhaq, Ammar Zakaria Salem, Jawad Zaki Eleyan, Muiz Abu Alia 
    Abstract: This study examines the relationship between intellectual capital (IC) and earnings management (EM) among firms listed on the Palestine Exchange, an environment marked by persistent political and economic instability, over the period 20132022. Using panel data analysis on 43 firms (430 firm-year observations) and employing the Kothari performance-adjusted model to estimate discretionary accruals as a proxy for EM, the study finds a significant negative relationship between overall IC efficiency and EM. Additional analysis reveals that human capital efficiency primarily drives this relationship, highlighting the crucial role of skilled human resources in promoting transparency and reducing managerial opportunism. The findings underscore the importance of investing in human capital development, ethical culture, and stakeholder-oriented strategies to limit EM and improve reporting quality, particularly in fragile institutional contexts such as Palestine.
    Keywords: earnings management; Kothari model; intellectual capital efficiency; ICE; value-added intellectual coefficient; VAIC; Palestine stock exchange.
    DOI: 10.1504/IJIPM.2026.10077832
     
  • Protecting the soul of India: traditional and tribal designs under the Indian Designs Act, 2000   Order a copy of this article
    by Ankit Shrivastava, Arti Aneja, Gurleen Kaur 
    Abstract: Indias tribal and traditional designs are not mere embellishments but expressions of collective heritage and identity. However, these living traditions face vulnerabilities under the present Indian Designs Act, 2000. This paper analyses how the current intellectual property system provides inadequate protection for tribal designs, which are usually created by communities and are passed down orally through generations. Through a doctrinal analysis of the Act, the study demonstrates that focus on elements such as novelty, industrial application, and individual authorship excludes the indigenous art forms. Discussing examples of unauthorised use of traditional cultural expressions, the paper exposes the misappropriation of traditional knowledge. Guided by comparative analysis including Panamas Guna Yala regulations, Maori IP initiatives, and recent international developments such as the Riyadh Design Law Treaty and WIPO IGC Session 51 outcomes, recommendations are advanced towards the adoption of a community-sensitive mode of protection. The paper advocates for a sui generis legislation, a Traditional Designs Registry, linkages with geographical indications law, and mandatory benefit-sharing mechanisms.
    Keywords: traditional cultural expressions; TCEs; tribal designs; Indian Designs Act; 2000; community ownership; intellectual property reform; cultural misappropriation; Riyadh Design Law Treaty; International TCE Protection; India.
    DOI: 10.1504/IJIPM.2025.10077833
     
  • Copyright in the age of generative AI: economic stability, ethical risks and legal fragmentation in creative sectors   Order a copy of this article
    by Talapaka Soujanya 
    Abstract: The introduction of generative artificial intelligence (AI) in some of the creative industries is presenting novel economic, legal, and ethical dilemmas. This research employs a mixed-methods approach, including a survey (N = 200), social media sentiment analysis (8,500+ posts), review of legal/policy documents and cases (12, 10+ docs), and economic data. Overall, the findings document an absence of significant revenue decline (2.4%, ns), neutral in the music and visual arts sectors and slight revenue gains in writing and design. Greater awareness of AI predicts greater support for the enforcement of copyright (2 (4) = 20.1, p < 0.001). An examination of 18 AI models found a strong inverse relationship between the presence of consented training data and bias (r = 0.72, p < 0.001). Since 2022, sentiment related to AI has become less negative and more evenly divided. The legal review revealed the presence of fragmented governance within and across jurisdictions. The provision of harmonised legislation, transparent datasets, and the participation of creators will provide a means of managing the balance between the rights of creators and the legal rights of innovation.
    Keywords: creative industries; copyright and intellectual property; economic impact; public perceptions and awareness; dataset transparency and bias; legal and policy frameworks.
    DOI: 10.1504/IJIPM.2025.10077938
     
  • Navigating the black box: a comparative study of patentability challenges in India and USA of AI-driven autonomous vehicle technologies   Order a copy of this article
    by Urvi Shrivastava 
    Abstract: To protect their technology and gain legal recognition, the inventors of autonomous cars frequently seek a grant of patents. These inventions often include AI and machine learning algorithms. Such components fall within the scope of Section 3(k) of the Indian Patents Act, 1970, which deems software per se not patentable, similarly US law also does not protect abstract ideas which includes software. Moreover, patent applications require a complete disclosure of the invention, but it becomes tricky for AI driven vehicles due to the opaque nature of their decision-making processes, also known as the black box problem. Part I of the paper outlines the core technology behind AVs and the existing legal provisions, Part II discusses the hurdles of proving novelty and non-obviousness for AI-based inventions, focusing on black box problems, Part III recommends legal and policy changes to address the issue relating patentability of AI-driven vehicle technology in India.
    Keywords: autonomous vehicle; artificial intelligence; patentability; black box; algorithm; software patenting; patents.
    DOI: 10.1504/IJIPM.2026.10078418
     
  • Evergreening in the pharmaceutical industry: pro-patient or pro-profit?   Order a copy of this article
    by Amarendra Pattnaik, Sambhabi Pattnaik 
    Abstract: Patents protect innovations. Innovators leverage this protection to recover the cost of the innovation and then to earn a profit. Patents have a cut-off period after which others can use innovations without authorisation from the innovator. In an ideal scenario, innovators should continually phase out old products and introduce new ones to the market. However, innovation is not easy. It requires investments, sustained effort, and patience. To bypass this cost and rigor, innovators often churn out new products that are similar to existing ones with some minor, insignificant, or incremental improvement, and then obtain patents on those new products. The idea is to extend the life of the established brands beyond the patent period. Excluding the competition with a new patent helps the innovator to maintain a longer market presence. Pharmaceutical companies commonly practice evergreening across the globe to extend the patent protection of their products. Such practice is not only anti-competitive but also detrimental to patient welfare. There are instances of Patent authorities turning down patents for such new products, but the problem is pervasive. This article reviews the practice of evergreening in the pharma industry across the globe and then highlights the views of Indian courts on such practice.
    Keywords: secondary pharmaceutical patents; evergreening; patents in pharma; me-too drugs; patients’ rights; compulsory licensing.
    DOI: 10.1504/IJIPM.2026.10078420
     
  • Growth of goodwill as an intangible asset in the pharmaceutical industry a critical analysis   Order a copy of this article
    by Amarendra Pattnaik, Lipsa Dash, Kavita Sharma 
    Abstract: Intangible assets hold high economic value for pharmaceutical companies. These include patents, trademarks, copyrights, trade secrets, and goodwill. Companies leverage these assets to drive growth, expand markets, foster business partnerships, and pursue other strategic initiatives. Goodwill accrues to a company when it acquires another by paying more than the fair market value of the acquired companys identifiable net assets. In this article, the authors analyse the investment in intangible assets by pharmaceutical companies, with special emphasis on goodwill, and draw a comparison between India and its global counterparts. While intangible assets of top Indian pharmaceutical companies constitute about 15% of their total assets, top international players have nearly 43% of their assets as intangibles. The authors highlight that pharmaceutical companies create a substantial portion of their IP assets through acquisitions which include goodwill payments rather than investing in research and product development.
    Keywords: intangible assets; IPR; goodwill; patent pooling; IP rights.
    DOI: 10.1504/IJIPM.2026.10078421
     
  • The association between corporate governance and key audit matter disclosures in a highly politically volatile context   Order a copy of this article
    by Muiz Abu Alia, Raed Abdelhaq, Duha Jamal Rabaia, Ammar Salem, Alaa Jarrar, Lina Jardaneh 
    Abstract: This study investigates how corporate governance mechanisms influence key audit matter (KAM) disclosures in a highly politically volatile context. Using panel data from all non-excluded firms listed on the Palestine Exchange between 2016 and 2022, we examine the effects of board size, board independence, gender diversity, board meeting frequency, and audit committee existence on the number and length of KAM disclosures. Poisson regression models are employed, with ordinary least squares used as a robustness check. The results show that all governance mechanisms significantly affect KAM disclosures. Board independence and meeting frequency are associated with fewer and shorter KAMs, while board size, gender diversity, and audit committee existence are associated with more extensive disclosures. The findings highlight the role of corporate governance in shaping auditor reporting behaviour in weak institutional environments and contribute evidence from an under-studied, politically unstable market.
    Keywords: key audit matters; KAMs; corporate governance; political instability; emerging markets.
    DOI: 10.1504/IJIPM.2026.10078578
     
  • Advancing sustainable rural development through women agripreneurs and intellectual property innovations   Order a copy of this article
    by V. Prathima, N. Nagaraja 
    Abstract: Intellectual property (IP)-based agricultural innovations empower women agripreneurs, which sustains rural communities. This study explores how patents, trademarks, and geographical indications affect women-owned agribusinesses long-term sustainability, competitiveness, and financial success. A descriptive research design using primary and secondary data was used in Karnataka, India. 600 women horticulture, organic farming, poultry, dairy, and sericulture entrepreneurs answered survey questions. The study explores how financial access, government support, market integration, and intellectual property adoption empower women and sustain agriculture. The study employs Bayesian estimation, SVMs, random forests, gradient boosting, and other statistical and machine learning methods to demonstrate that government subsidies are often the most effective means of supporting businesses and grassroots entrepreneurs. Formal loans and microfinance have little influence. Access to markets and cooperatives boosts income, competitiveness, and sustainability. However, financial, land ownership, and market engagement issues greatly reduce empowerment. People who understand patents, trademarks, and GIs and have faith in IP are more likely to innovate, develop brands, and sustain their businesses.
    Keywords: women empowerment; agribusiness; intellectual property; IP; government subsidies; market access; financial inclusion.
    DOI: 10.1504/IJIPM.2026.10078747
     
  • The copyright and copywrongs in a song: is the Copyright Act out of tune with the songs?   Order a copy of this article
    by Sundar Athreya H., Parimita Dash 
    Abstract: Songs have remained as the central feature of Indian movies for long, and it is intertwined with the lives of artists also along with it. Songs in Indian movies augur well for creative, aesthetic as well as economic reasons. The copyright around songs is complex but the copyright around songs in the movies are even more complex as it houses within itself the mainstream music industry of the entire nation. Thus, the reproduction rights in a song are required to be revisited. This paper studies the reproduction right in songs through cases that have been answered by the Indian Courts. It is the aim of this paper to unpack this complexity and offer meaningful solutions to the complex relationship between the creator and the song.
    Keywords: authorship; copyright; ownership; songs.
    DOI: 10.1504/IJIPM.2026.10078763
     
  • Smart contracts for digital copyright protection and management: a legal perspective   Order a copy of this article
    by Dona Budi Kharisma, Ifan Arsyad 
    Abstract: The integration of blockchain smart contracts and copyright protection and management has a positive impact, ranging from immutable ownership, automatic royalty payments, verification of original content, and transparency in licensing and peer-to-peer. However, it also poses challenges such as security, transparency, and legal issues. This research is legal research and uses a comparative approach between Indonesia and the European Union. The results show that there are gaps in the legal framework, ranging from regulatory uncertainty and issues of declarative and constitutive rights identification. These implications can be seen in several platforms that are currently available, such as Audius, Opus, Kleros, and Aragon Court, which provide automatic copyright management and dispute resolution mechanisms. These findings provide an overview and guidance for policymakers and intellectual property institutions to develop regulations and harmonisation, supervision, and provide moral and economic rights protection for creators and copyright holders.
    Keywords: blockchain technology; smart contracts; copyright protection; intellectual property rights; digital content licensing; immutable ownership; blockchain dispute resolution; BDR.
    DOI: 10.1504/IJIPM.2026.10078926
     
  • Parody and fair dealing in India: an intersection or diversion?   Order a copy of this article
    by Siddhi Nigam 
    Abstract: The paper examines the interface between parody and fair dealings under Indian copyright law, questioning whether parody constitutes a legitimate exception or risks infringement. Despite the absence of explicit statutory recognition of parody in Indian law, courts have intermittently accommodated it within the scope of criticism and review under copyright law exceptions, creating interpretive ambiguity. Through a doctrinal research methodology, the study analyses judicial decisions and comparative jurisprudence, particularly contrasting Indias narrow fair dealings with the flexible fair use of the USA. The research finds that Indian courts implicitly recognise parody and there is a lack of consistent standard for its evaluation. Further, the study identifies that excessive reliance on subjective judicial interpretation leads to unpredictability for both creators and rights holders. It concludes by advocating for clearer legislative guidance and structured criteria to balance creative freedom with copyright protection in parody-related disputes.
    Keywords: parody; fair use; criticism; infringement; Copyright Act; memes; India.
    DOI: 10.1504/IJIPM.2026.10078927
     
  • Global diffusion of green technologies: a patent-citation analysis across OECD and BRICS economies (20002023)   Order a copy of this article
    by Kanika Malik 
    Abstract: This study examines the evolution, quality and transnational distribution of green technology patents within Organization for Economic Cooperation and Development (OECD) and Brazil, Russia, India, China and South Africa (BRICS) nations between 2000 to 2023. The analysis draws on priority filings and patent families, forward citations, and inventor-location data from PATSTAT Global, the WIPO IPC Green Inventory, and the OECD REGPAT database. From a methodological perspective, the research employs fixed-effects panel regression models in order to identify the factors that influence both patent creation and patent quality, supported by citation network analysis to evaluate international knowledge transfer. The findings indicate that post 2010 era witnessed a significant increase in the number of green patents, with the BRICS countries, especially China and India, showing a rapid quantitative development accounting for approximately 4045% of new global green patent filings by 2023, while the OECD countries remained at the forefront, delivering high-quality outputs like triadic families and highly cited patents. Cross-border diffusion intensified notably after 2015, together with increasing BRICS OECD spillovers. Thus, the study contributes a unified, patent-based comparison that connects the three aspects of creation, quality, and diffusion across these major economic blocs.
    Keywords: green patents; OECD; BRICS; patent quality; knowledge diffusion; citation networks; PATSTAT; REGPAT.
    DOI: 10.1504/IJIPM.2026.10079124
     
  • Urban advantage or saturation? Geographic moderation in the intellectual capital-performance relationship   Order a copy of this article
    by Tam Phan Huy 
    Abstract: This study investigates the impact of intellectual capital on firm performance, with particular focus on the moderating role of geographic location. Using a panel dataset of 9,923 firm-year observations from 633 non-financial firms listed on Vietnams stock exchanges from 2000 to 2024, the analysis applies the value-added intellectual coefficient (VAIC) model to measure intellectual-capital efficiency and employs the two-step system generalised method of moments (SGMM) estimator to control for endogeneity and dynamic effects. The results confirm that intellectual capital has a positive effect on firm performance, particularly through human-capital efficiency and capital-employed efficiency. However, the positive impact of intellectual capital is weaker for firms located in major cities, suggesting that location-specific factors such as labour-market competition and operational saturation may reduce the marginal value of intangible assets. The findings offer empirical support to resource-based and knowledge-based theories while highlighting the conditional nature of intangible-asset effectiveness in emerging-market contexts. The study contributes to the intellectual-capital literature by integrating spatial dimensions into performance analysis, with implications for both firm strategy and regional economic policy.
    Keywords: intellectual capital; firm performance; geographic location; Vietnam.
    DOI: 10.1504/IJIPM.2026.10079588
     
  • Movie piracy and box office revenue in the US movie market a generalised method of moments approach   Order a copy of this article
    by Amit Kumar Jha, Nitesh Kumar Singh, K. Reddemma Choudary 
    Abstract: The study examines the displacement of box office revenue due to movie piracy for movies released in the USA, and tests the hypothesis that if piracy could be delayed, it would increase box office revenue. The displacement effects with respect to the quality of the pirated copy and the role of past revenues as an inertia for current Box-office revenue are further investigated utilising panel data. The panel fixed-effects model and GMM indicate that each additional day of delay between the actual release and the online upload of pirated versions results in a 0.5%0.8% increase in box-office revenue. The dynamic panel model shows that past revenues have a positive and significant effect on current box-office earnings, potentially reflecting a unitary elasticity relationship. The negative impact of Webrip and DVD-pirated versions on box-office revenue is significant, with reductions of 61% and 149%, respectively, compared to the camcorder version.
    Keywords: copyright infringement; movie piracy; box office revenue; US movie market.
    DOI: 10.1504/IJIPM.2026.10079591
     
  • Revocation, opposition and invalidation as an instrument for strengthening IPR regime in India   Order a copy of this article
    by Bhanu Verma 
    Abstract: The scope of Intellectual property protection gives rights to the inventor/assignee for a fixed period of time. It not only rewards innovation, creativity and scientific advancement of society but also encourages industrial and entrepreneurial development. Protection is easier, however enforcement remains an issue to be resolved at times by litigation and/or negotiation. The patent act encompasses provisions to resolve the issues arising from infringement and also from wrongful grant of patents. Some of these provisions are filing for pre grant opposition; post grant opposition and revocation/invalidation. This allows third parties an opportunity to challenge the grant of a patent by means of pre-grant opposition for invalidation or revoking a patent by post grant opposition and revocation. Striking a balance between protecting the interest of innovators and that of society at large. The article deals with the instruments available under the patent act for the same.
    Keywords: patents; revocation; pre-grant opposition; post-grant opposition; Indian Patent Act 1970.
    DOI: 10.1504/IJIPM.2026.10079748
     
  • Intellectual capital efficiency and firm performance: the moderating role of board independence: evidence from Palestinian listed firms   Order a copy of this article
    by Jawad Zaki Eleyan, Razan Sameer Namoura, Raed Abdelhaq, Muna Hamdan Hussein, Abdulnaser Ibrahim Nour 
    Abstract: This study aims to explore the direct influence of intellectual capital efficiency on firm performance, and to investigate the moderating role of board independence in the relationship between intellectual capital efficiency and firm performance. Using panel data analysis, a sample of 43 companies listed on PEX from 2013 to 2024 was collected, yielding 516 firm-year observations, which were obtained manually from companies annual reports available in the PEX database. The empirical results present that value-added intellectual capital significantly and positively affect return on assets. Furthermore, our results show that board independence has strengthened the positive relationship between intellectual capital efficiency and firm performance. The results have practical implications for managers and decision-makers, who can use the results of this research to invest more in intellectual capital and to develop policies that enhance intellectual capital efficiency and reinforce the board independence, promoting transparency and comprehensive reporting. This study differs from prior research by incorporating board independence as a moderating factor in the intellectual capital-financial performance relationship.
    Keywords: intellectual capital; firm performance; board independence; Palestine Stock Exchange; PEX.
    DOI: 10.1504/IJIPM.2026.10079991
     
  • Sacred emblems under Thai IP law: navigating commercialisation, cultural respect and enforcement   Order a copy of this article
    by Alessandro Stasi 
    Abstract: This article examines how sacred Buddhist emblems and other religious imagery fare under Thailands IP system, focusing on sections of the Thai Trademark Act, Copyright Act, and the Customs Act B.E. 2560 (2017). Thai trademark laws moral-prohibition provisions permit authorities to refuse registrations that offend public order or morality, but unregistered uses see limited enforcement. Meanwhile, copyrights emphasis on originality only sporadically covers centuries-old or communal religious imagery. The Customs Act restricts exports of certain prohibited or restricted spiritual objects, yet intangible exploitations persist. Although temples and communities may adopt collective or certification marks to protect revered symbols, few pursue this route. Analysing key legal provisions and commentaries, this article highlights tensions between commercial IP regimes and spiritual heritage. It concludes that while moral exceptions and customs restrictions exist, significant gaps remain, necessitating integrated legal reforms, deeper religious community engagement, and policy refinement to balance cultural reverence with commercial IP rights.
    Keywords: Thailand; sacred symbols; Buddhist imagery; public morality; collective marks; intellectual property law; traditional knowledge.
    DOI: 10.1504/IJIPM.2026.10080376
     
  • Legislation on pharmaceutical patents under the impact of artificial intelligence and recommendations for Vietnam   Order a copy of this article
    by Nhu Ha Nguyen, Minh Phuong Dang 
    Abstract: This study examines the profound impact of artificial intelligence (AI) on pharmaceutical patent law, with particular focus on comparing the approaches of the European Union and the US, while advancing policy recommendations for Vietnam. The analysis demonstrates that the inherent characteristics of AI, namely complexity, opacity, and autonomy, challenge three fundamental pillars of patent law: subject-matter eligibility, patentability criteria, and inventorship. Building on these findings, the study proposes a comprehensive policy framework for Vietnam, encompassing refinement of the legal regime, recalibration of patentability standards, clarification of inventorship rules, and enhancement of examination mechanisms. Such reforms aim to foster pharmaceutical innovation while ensuring equitable access to medicines within the community.
    Keywords: pharmaceutical patent; subject-matter eligibility; the inventive step; inventorship; Vietnam.
    DOI: 10.1504/IJIPM.2026.10080664
     
  • Inventing the future: a comparative legal analysis of AI generated inventions and the challenges of inventorship in global patent system   Order a copy of this article
    by Ravinder Kumar 
    Abstract: Consider a machine that creates a novel pharmaceutical compound or designs a new piece of technology, without human intervention. Who, then, is the rightful inventor? This unresolved question lies at the heart of modern patent jurisprudence, exposing the gap between law drafted for human inventors and the realities of machine-led innovation. In India, this tension is amplified by Section 3(k) of the Patents Act, 1970, which excludes computer programs per se, leaving AI-generated inventions trapped between innovation and legal invisibility, a paradox this paper seeks to unpack. Comparative jurisprudence, particularly the DABUS litigations across the US, UK, and European Patent Office, demonstrates that statutory definitions of inventor anchored to natural personhood are increasingly inadequate. This study analyses Indias legislative and judicial treatment of AI-generated inventions, calibrates Section 3(k) in light of technical effect jurisprudence, and proposes a framework defining the inventor as a natural person with a mandatory disclosure of AI contribution. By bridging doctrinal rigidity with technological reality, it positions Indian patent law for a future where human and machine creativity coexist.
    Keywords: AI-generated inventions; patent law in India; inventorship and artificial intelligence; DABUS case; intellectual property reform.
    DOI: 10.1504/IJIPM.2026.10080900
     
  • The impact of intellectual property related implementations on performance: empirical exploring of Japanese SMEs   Order a copy of this article
    by Liyue Zhao, Akio Nagahira 
    Abstract: This study surveyed 226 Japanese small and medium-sized enterprises (SMEs) to examine the impact of intellectual property (IP) management implementations on SME performance. IP-related implementations in SMEs are divided into four categories: IP strategy, IP administration (IP admin), general management, and IP management. This study uses structural equation modelling (SEM) to analyse the causal relationships among these categories. The findings reveal how IP-related activities affect enterprise performance. This study makes contributions in three areas: content (reclassifying intellectual property-related activities), perspective (focusing on technology-based SMEs), and methodology (employing a mixed research approach that combines structural equation modelling with literature analysis). By revealing how IP-related activities affect enterprise performance, this study provides a reference analytical framework for related research.
    Keywords: intellectual property strategy; intellectual property management; SMEs; structural equation modelling; SEM.
    DOI: 10.1504/IJIPM.2025.10075984
     
  • Enforcement and innovation in Indian competition law through doctrinal analysis and survey evidence   Order a copy of this article
    by R. Gokul, E. Prema 
    Abstract: India's regulatory landscape has changed a lot since the enforcement of competition legislation began. This study examines the correlation between competition law enforcement and innovation results in India, a jurisdiction characterised by nascent regulatory institutions and developing jurisprudence. The study employs a mixed method design, integrating doctrinal and content analysis of the Competition Act, 2002, its amendments, and over a decade of directives from the Competition Commission of India (CCI), alongside an empirical survey of lawyers, policymakers, economists, and corporate counsels in sectors highly oriented towards innovation. Survey tools measured people's opinions on the fairness of enforcement, the functioning of the market, and the effects of innovation, using examples such as patent filings, R&D spending, and product launches. The results reveal that behavioural remedies are positively related to product innovation, but structural penalties have only weak or inconsistent relationships with patent activity. Sectoral patterns indicate that innovation enforcement is stronger in the pharmaceutical sector than in telecoms, highlighting that each business has its own unique dynamics. Factor analysis showed that the construct was legitimate (CR > 0.85; AVE > 0.60), and quantitative analysis used correlation tests with confidence intervals, time series checks for autocorrelation, and partial correlations.
    Keywords: competition law; enforcement; innovation; sectoral dynamics; autocorrelation; partial correlations.
    DOI: 10.1504/IJIPM.2025.10075673
     
  • Determination of inventorship in law of patents: a comparative study of the legal framework between India and USA   Order a copy of this article
    by Lakshminarayanan Ramachandran, Avishek Chakraborty 
    Abstract: The Patents Act, 1970 in India has no adequate criteria for determining inventor and joint inventor of a patent. Since India is witnessing an emergence of modern technologies and research collaborations, inadequacy in determining inventorship can lead to future legal, business, economic, and emotional consequences for the stakeholders. This study set the objective of understanding and identifying the criteria for inventorship in India in comparison with the USA. The method of analysis was qualitative and systematic. The study clarifies ambiguous terms, proposes recommendations for adopting principles of conception and reduction to practice, clarifying joint inventorship criteria, reforming Indian patent law to define key terms, and developing a multi-factor test for joint inventorship. These reforms are essential to strengthen India's patent system, promote innovation, and ensure fair recognition of intellectual contributions in an increasingly collaborative technological landscape.
    Keywords: inventorship; joint inventions; true and first inventor; India patent; India; USA.
    DOI: 10.1504/IJIPM.2025.10076700
     
  • Developing intellectual property management skills in women inventors in STEM areas: the case of WIPO's mentoring program   Order a copy of this article
    by José Luis Solleiro, Rosario Castañón, Eduardo Galicia 
    Abstract: The underrepresentation of women in STEM fields is a widespread problem both globally and in the Latin American region, which is fed by gender biases and stereotypes, and which translates into a strong inequality in inventive activity and entrepreneurship. In addition, it has been perceived that women inventors experience a lower propensity to commercialise their inventions. In this sense, starting in 2022, the 'Entrenamiento en gestión de la propiedad intelectual para mujeres en carreras STEM en América Latina' (Intellectual property management training for women in STEM careers in Latin America) program was aimed to develop intellectual property (IP) management and commercialisation skills in Latin American women graduated in STEM careers. With four editions, the program has contributed to mitigate the weaknesses existing in the intellectual property management strategies of the participating inventors, having a positive impact on the tendency to commercialise their inventions by raising awareness of the need to value their intellectual production. The objective of this research is to analyse the mentoring scheme implemented in the training program in order to identify the main opportunities and benefits it provided to women participants.
    Keywords: training; counselling; intellectual property; women inventors; Latin America; STEM; intellectual property management strategy; intellectual property commercialisation.
    DOI: 10.1504/IJIPM.2026.10080899
     
  • The evolving nature of intellectual capital: assessing components and methodologies toward hybrid, AI-ready frameworks   Order a copy of this article
    by Zubair Yousif Zargar, Mehraj Ud Din Shah, Musadiq Amin Sahaf 
    Abstract: Intellectual capital (IC) has evolved beyond traditional components (human, structural, and relational) to include emerging elements like social, technological, and spiritual capital, creating a critical measurement challenge in today's knowledge economy. This systematic review (2000-2025) reveals that quantitative tools (e.g., VAIC, Tobin's Q) lack strategic depth while qualitative frameworks (e.g., balanced scorecard) face scalability limitations. Our primary contribution addresses this gap through a hybrid, AI-enhanced measurement architecture that integrates multi-source data for real-time IC analytics. This framework enables dynamic capability building through continuous sensing and adaptation, while incorporating essential governance protocols for ethical implementation. The study provides both a theoretical bridge between IC and dynamic capabilities literature, and practical pathways for organisations to transform intangible assets into sustained competitive advantage through validated, sector-specific approaches.
    Keywords: intellectual capital; measurement metrics; relational capital; social capital; dynamic capabilities; AI-assisted evaluation; VAIC model; hybrid frameworks.
    DOI: 10.1504/IJIPM.2025.10077659