scholarly journals Comparing patent protection in Indonesia with that in Singapore and Hong Kong

2021 ◽  
Vol 29 (2) ◽  
pp. 200-222
Author(s):  
Lu Sudirman ◽  
Hari Sutra Disemadi
Keyword(s):  
Hong Kong ◽  
Patent Protection ◽  
New Technologies ◽  
Scientific Literature ◽  
Legal Protection ◽  
Patent Law ◽  
Patent Rights ◽  
The World ◽  
Huge Impact ◽  
Formal Requirements

The discovery of technology has a huge impact on the economy of a country, so many countries focus on developing technology and apply this technology in their respective countries. Technological inventions must register patent rights to obtain legal protection to avoid losses that will harm inventors, stimulate creativity in creating new technologies and create fair business competition among companies engaged in technology. This normative research aims to compare patent protection in Indonesia, Singapore, and Hong Kong. The benefit of this research is that it can contribute to scientific literature in the field of patent rights, can provide an overview of the form of patent rights arrangements in several countries outside Indonesia, so as to avoid disputes and/or misunderstandings with other countries. The participation of Indonesia, Singapore, and Hong Kong in ratifying the Convention on the World Trade Organization and the agreement on the Trade Aspects of Intellectual Property Rights (TRIPs) obliges these countries to establish regulations on patents in their respective countries. Although the application of patent law in Indonesia, Singapore, and Hong Kong is based on the terms of the TRIPs agreement, the implementation and regulations must have differences. Patent registration in Indonesia, Singapore, and Hong Kong have the same procedure, namely fulfilling the formal requirements, substantive examination, then the announcement stage. The term of patent protection in Indonesia and Singapore is similar, which is 20 years from the date of filing. However, it is different from Hong Kong, namely from the date of filing. In patent disputes, there are two ways of settlement, namely litigation and non-litigation. Patents in Indonesia, Singapore, and Hong Kong have another similarity, namely that they are transferable and can be licensed. The focus of this research is only to compare the application of patent law and not to examine its strengths and weaknesses, so it is considered important to do further research on this matter.

Harmonization of Patent Law

2016 ◽  
Author(s):  
Philip W. Grubb ◽  
Peter R. Thomsen ◽  
Tom Hoxie ◽  
Gordon Wright
Keyword(s):  
Intellectual Property Rights ◽  
Patent Protection ◽  
Biological Diversity ◽  
Patent Law ◽  
Convention On Biological Diversity ◽  
Nagoya Protocol ◽  
Patent Rights ◽  
Patent Laws ◽  
The World ◽  
Per Se

This chapter details developments in the harmonization of patent laws. The Trade-Related Aspects of Intellectual Property Rights (TRIPs) Agreement has made significant strides in harmonizing levels of patent protection. TRIPs requires practically all countries of the world to have patent systems in which compounds, including pharmaceuticals, can be patented per se for a term of at least twenty years, with no local working requirements and no routine granting of compulsory licences; with importation of a product and sale of the product or a process being clearly defined as infringement; and with clear standards for the enforcement of patent rights. Other harmonization initiatives include the Patent Law Treaty, the Substantive Patent Law Treaty, the Trilateral Cooperation, the Convention on Biological Diversity, and the Nagoya Protocol.

scholarly journals Laws and Emerging Technologies

Laws ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 46
Author(s):  
Esther Salmerón-Manzano
Keyword(s):  
Information Technologies ◽  
New Technologies ◽  
Legal Issues ◽  
The Other ◽  
Special Issue ◽  
Legal Challenges ◽  
The World ◽  
Huge Impact ◽  
New Challenges ◽  
The Way

New technologies and so-called communication and information technologies are transforming our society, the way in which we relate to each other, and the way we understand the world. By a wider extension, they are also influencing the world of law. That is why technologies will have a huge impact on society in the coming years and will bring new challenges and legal challenges to the legal sector worldwide. On the other hand, the new communications era also brings many new legal issues such as those derived from e-commerce and payment services, intellectual property, or the problems derived from the use of new technologies by young people. This will undoubtedly affect the development, evolution, and understanding of law. This Special Issue has become this window into the new challenges of law in relation to new technologies.

Influence of Patent Law on Price of Medicines

2019 ◽  
pp. 1165-1181
Author(s):  
Naina Singh ◽  
Rajinder Kaur ◽  
Rashmi Aggarwal
Keyword(s):  
Pharmaceutical Industry ◽  
Patent Law ◽  
Poor Countries ◽  
Regulatory Policies ◽  
International Policies ◽  
Patent Rights ◽  
The World ◽  
Randomised Controlled ◽  
Developed Nations ◽  
Aids Study

There is a great deal of disparity between the availability and affordability of medicines in least developed, developing and developed nations. Patents are one of the major reasons of this difference. The pharmaceutical industry spends over US$10 billion to fund some 90% of 40,000-80,000 randomised controlled trails being conducted across the world at any given time. A United Nations AIDS study reported that the number of people in poor countries who have access to anti-retroviral medicines remains extremely low; only 30,000 received medication in 2002, out of an estimated 5 million in need. The proposed chapter aims to study effect of patent law on pricing of medicines. The legal and regulatory policies such as TRIPs jointly introduced by various nations to regulate the pricing of patented products will be elaborated in this chapter. Apart from national and international policies, the behaviour of pharmaceutical companies also affect price of patented products. The chapter will also cover various techniques pharmaceutical industry adopt to control price of patented products such as proliferation of me-too drugs, product reformulation, prolonging patent rights, biasing research and large promotional expenditures.

scholarly journals Correlation of administrative and civil means of patent rights protection

2019 ◽  
Vol 2019 (4) ◽  
pp. 76-82
Author(s):  
Nikolay Kulakov ◽  
Mariya Saveleva
Keyword(s):  
Legal Protection ◽  
Legal Regulation ◽  
Patent Law ◽  
Modern World ◽  
Intellectual Activity ◽  
Rights Protection ◽  
Patent Rights ◽  
The Russian Federation ◽  
Innovation Economy ◽  
Resource Economy

Introduction. Digital technologies are booming in the modern world. The resource economy is being replaced by the innovation economy. The results of intellectual activity occupy an increasing place in the economies of different countries. But any important invention must be properly protected. The purpose of this article is to study the problems of legal regulation of patent rights in the Russian Federation. Methodology. The work used General methods of cognition-comparison, analysis, synthesis, abstraction, system, structural and functional approach, ascent from the abstract to the concrete, etc. Results: the study allowed the authors to formulate a conclusion that administrative and legal liability as a means of legal protection of inventive rights, characterized by the presence of significant potential. However, a set of reasons prevents the realization of this potential to a sufficient extent. Among such reasons, the authors, among other things, rank the problems of legal regulation of administrative responsibility and civil liability in the field of patent law. The study of some of these problems allowed the authors to form several proposals for amendments to the current legislation.

scholarly journals Analysis of mobile applications reporting on nutritional recipes: a review of the scientific literature

2021 ◽  
Vol 229 ◽  
pp. 01060
Author(s):  
Jose Huamaní-Cahuana ◽  
Michael Cabanillas-Carbonell
Keyword(s):  
Systematic Review ◽  
Social Isolation ◽  
Mobile Applications ◽  
World Economy ◽  
New Technologies ◽  
Scientific Literature ◽  
Review Of Literature ◽  
Nutritional Information ◽  
The World

At present the planet faces a pandemic originated by the COVID-19, causing social isolation and decrease in the world economy; limiting more and more the resources of many people, which produces a deficient feeding, In this document a systematic review of literature was made considering scientific articles between the years 2010 and 2020 from sources like, IEEE Xplore, Concytec, Proquest, Scopus, WoS and Scielo, having as objective to know the best characteristics of mobile applications to inform about nutritional recipes. A total of 50 articles were studied and it was concluded that there are databases with nutritional information of foods that help greatly in improving the nutrition of people, also found various techniques for obtaining data from new technologies.

Biotechnological Patents and Morality

2011 ◽  
pp. 141-151
Author(s):  
Jakkrit Kuanpoth
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
World Trade Organization ◽  
Intellectual Property Rights ◽  
World Trade ◽  
Patent Protection ◽  
Patent Law ◽  
Legal Analysis ◽  
The World ◽  
Micro Organisms

The chapter deals with ethical aspects of patent law and how the global patent regime helps or hinders the development of a developing country such as Thailand. More specifically, it discusses Article 27.3 of the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which states that countries may exclude methods of medical treatment, plants and animals (but not micro-organisms) from patent protection. It also provides legal analysis on the issue of whether developing countries can maximize benefits from the TRIPS morality exception (Article 27.2) in dealing with biotechnological patenting.

scholarly journals Contributions from Literature for Understanding Wine Marketing

2021 ◽  
Vol 13 (13) ◽  
pp. 7468
Author(s):  
Vítor João Pereira Domingues Martinho
Keyword(s):  
New Technologies ◽  
Web Of Science ◽  
Scientific Literature ◽  
International Markets ◽  
Cultural Dimension ◽  
Mediterranean Countries ◽  
The World ◽  
Wine Sector ◽  
The Web ◽  
Strategy Index

Marketing for wines is a determinant tool for several stakeholders within the wine sector, but there are not many studies concerning the topic “wine marketing” and even fewer that take a bibliometric approach. In turn, wine is a strategic agri-food product for the economy of several countries around the world, particularly in Mediterranean countries. Beyond the economic level, wine has an environmental, social, and cultural dimension. All these dimensions have implications in any plan for the wine sector and should be taken into account. In addition, these dimensions change around the world in accordance with different local factors. In this way, sometimes, it is not easy to design adjusted marketing plans for the wine sector, namely, in international markets. Taking the frameworks into account, the main objective of this study is to explore the scientific documents available on scientific platforms, namely, in the Web of Science, related to “wine marketing”. These studies (87 documents) were first explored through bibliometric software, such as the VOSviewer and the Atlas.ti, and then analyzed individually to capture the main insights shown by the scientific literature about wine marketing. To better organize the literature survey, with the information obtained from the bibliometric analysis, the following indexes were identified through factor analysis: “supply index”, “demand index”, “winery strategy index”, “tourism index”, “innovation index”, and “wine characteristics index”. The supply index highlights questions related to new technologies, climate change, logistics in international markets, institutions and regulations, being the main factors that influence wine producers. The demand index stresses the relevance, for consumers, of the relationship between the price and quality of a wine. On the other hand, younger consumers, in general, consume wine outdoors while socializing, giving importance to the label, often when the wine is recommended by someone. Older consumers give greater importance to the wine’s variety and to its region of origin. The winery strategy index shows the importance of questions relating to agri-chains, market differentiation, the history, and the brand. The tourism index brings together aspects associated with the complementarity between activities in the wine sector, wine routes, and contributions from culture and landscape. The innovation index highlights aspects related to the quality and the perceptions of the consumers. Finally, the wine characteristics index shows the little importance given by scientific literature relating to wine marketing and to attributes such as alcohol. A search on the Web of Science for the topic addressed here and “bibliometric” showed that there has been no research carried out with the approach taken here, showing the novelty of this study.

scholarly journals LEGAL PROTECTION OF PATENT RIGHTS IN INDONESIA

2019 ◽  
Author(s):  
ega yuliani
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Patent Protection ◽  
Legal Protection ◽  
The Public ◽  
Patent Rights ◽  
The Government ◽  
The Right ◽  
Privately Owned

AbstractIntellectual Property Rights are rights derived from the work, initiative and creativity in the form of a real man. Intellectual Property rights consist of privately owned property and Industry. Patents are part of Intellectual Property Rights in Industry. Patents are granted the right of the government and is exclusive. Exclusive rights of patent holders is the production of a patented item, usage and sales of goods and deeds relating to the import and sale of such goods store. Legal protection of intellectual property rights in the patent field ketetentuan regulated in Law Number 14 of 2001. In chapter 8, paragraph (1) time protection for 20 years from the date of receipt and can not be extended. And Article 9 set period of patent protection for simple for 10 (ten) years and can not be extended. Protection of intellectual property rights is no guarantee to the public to respect the right of initiative and the reaction and to provide protection will upload their work. The higher appreciation of the intellectual property rights of a nation then the future will be better.

scholarly journals The Uneasy Case for Patent Law

2018 ◽  
pp. 499
Author(s):  
Rachel Sachs
Keyword(s):  
Patent Protection ◽  
Human Microbiome ◽  
Patent Law ◽  
New Drugs ◽  
Patent Rights ◽  
Central Tenet ◽  
Microbiome Research ◽  
Innovation Incentives

A central tenet of patent law scholarship holds that if any scientific field truly needs patents to stimulate progress, it is pharmaceuticals. Patents are thought to be critical in encouraging pharmaceutical companies to develop and commercialize new therapies, due to the high costs of researching diseases, developing treatments, and bringing drugs through the complex, expensive approval process. Scholars and policymakers often point to patent law’s apparent success in the pharmaceutical industry to justify broader calls for more expansive patent rights. This Article challenges this conventional wisdom about the centrality of patents to drug development by presenting a case study of the role of patents in the emerging field of microbiome research. Scientists have recently begun to appreciate the important role played by the human microbiome, the community of microbes that lives within each of our bodies, in preventing and treating disease. The microbiome has been linked to autoimmune disorders, mental health conditions, and a range of conditions affecting our intestinal systems. Put simply, research involving the microbiome has the potential to change the future of medicine. There’s just one problem: the microbiome can’t meaningfully be patented. Several doctrines within patent law will make it extremely difficult for companies to obtain and enforce patents like the ones that are so readily available in most areas of medicine. Drawing on patent doctrine, patent searches, and interviews with scientists and lawyers, this Article demonstrates that companies are developing microbiome-based therapies largely in the absence of patent protection. Instead, the companies are relying on other innovation incentives to fill the gap. The microbiome’s unpatentability presents an opportunity to evaluate whether patents are truly necessary for the development of new drugs. Congress, the NIH, and the FDA have implemented many innovation incentives throughout the development process, and we should not be astonished that removing a single such incentive, patent law, does not disrupt the entire system. Perhaps scholars should reconsider, if only selectively, our focus on patents as an irreplaceable driver of pharmaceutical innovation.

scholarly journals Patent Trolling and Intellectual Property: Challenges for Innovations

2021 ◽  
Vol 11 (1) ◽  
pp. 69-77
Author(s):  
Maryna Utkina ◽  
Olha Bondarenko ◽  
Petr Malanchuk
Keyword(s):  
Intellectual Property ◽  
Scientific Literature ◽  
Legal Protection ◽  
Intellectual Activity ◽  
New Era ◽  
The World

Nowadays effective legal protection of intellectual activity results is one of the most urgent issues. First, of mind, this is because, in the context of globalization processes, society is moving into a relatively new era, when the main value is information and knowledge in the context of the qualities to create something new. Against this background, patent trolling research emerges full-blown as one of the main negative trends in the development of intellectual property and which became widespread worldwide. The article begins with a research of various theoretical and legal approaches to understanding the concept of “patent trolling”, the reasons for its emergence, and its influence on intellectual property in the world. Based on the analysis of scientific literature, international acts, and legislative acts of different countries, the author discloses its experience in the possible solutions to patent trolling prevention.

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