GREEN PATENT INCENTIVES AND PATENT POOLS: ACCELERATING CLIMATE TECHNOLOGY TRANSFER FOR DEVELOPING NATIONS

From a legal perspective, analyze the connotation and logical relationship of intellectual property rights in Emei martial arts, point out the Legal dilemma in protecting Emei martial arts intellectual property rights, and then propose solu-tions to the problems. The study believes that the intellectual property rights of Emei martial arts refer to the intellectual property rights based on the intellec-tual achievements and commercial logos of Emei martial arts. The legal dilemma in the protection of intellectual property rights in Emei martial arts mainly manifests as follows: the identity of the rights subject of intellectual property rights in Emei martial arts and the intangible cultural heritage of Emei martial arts is the root cause of the conflict between public and private interests; to some extent, the sports nature of the intellectual property rights of Emei martial arts has influenced the legal recognition of this part of Emei martial arts intel-lectual property rights in the academic community; the inadequacy of the legal system is the fundamental reason why the intellectual property rights of Emei martial arts are difficult to obtain comprehensive protection. Based on this, the study proposes that technological innovation is a logical prerequisite for the protection of intellectual property rights in Emei martial arts. It can be achieved by extracting the classic techniques of Emei martial arts, constructing repre-sentative martial arts routines, and creating Emei martial arts competition pro-jects; The improvement of the legal system is the legal foundation for the pro-tection of intellectual property rights in Emei martial arts. In this process, it is necessary to particularly strengthen the important position and role of the Sports Law in the protection of intellectual property rights in Emei martial arts, and improve the basic position and auxiliary function of relevant intellectual property laws in the protection of intellectual property rights in Emei martial arts; The enrichment of theory is a powerful argument for the protection of in-tellectual property rights in Emei martial arts. Strengthening theory must be combined with the characteristics of sports, in order to build a solid legal foun-dation for the protection of the object of rights. In addition, the protection of intellectual property rights in Emei martial arts should focus on benefits, which requires balancing public and private interests and promoting the realization of public welfare through private rights protection

This article is devoted to the definition of state authorities which establish the legal regime in the field of protection and enforcement of intellectual property rights to plant varieties. The author defines the powers of the Cabinet of Ministers of Ukraine as the highest body in the system of executive authorities, the State Service of Ukraine on Food Safety and Consumer Protection as the controlling body and the Ministry of Agrarian Policy and Food of Ukraine as the competent authority which is the main body in the field of protection of intellectual property rights to plant varieties, since it is entrusted with a list of tasks in the field related to protection of rights to plant varieties. The Ukrainian Institute of Plant Variety Expertise is an authorized institution to conduct scientific and technical examination of plant varieties. It is established that the State Service of Ukraine for Food Safety and Consumer Protection is the controlling body in the field of plant variety rights protection and the types of control it exercises are defined. The state body responsible for conducting scientific and technical expertise of plant varieties is the Ukrainian Institute of Plant Variety Expertise, which operates on the basis of the Charter. The issue of problems arising in the course of concluding license agreements for the use of plant varieties is raised. The author analyzes the case law and provides an example of a court decision that addresses infringement of intellectual property rights to plant varieties. The reasons for infringement are often preceded by low awareness of the owners of property rights and rights to distribute plant varieties, since the issue of effective commercialization depends on the stage of granting licenses for the use of the said intellectual property. The article illustrates the example of the Network of Technology and Innovation Support Centers (TISC), which operates within the structure of the national patent office – UKRNOVI, conducting educational activities and providing information and advisory support and services on intellectual property protection, commercialization and promotion of innovations in Ukraine and abroad. The list of foreign countries with special patent courts, where cases related to infringement of intellectual property rights are considered, is provided. The issue of launching the High Court of Intellectual Property is considered, since the creation of such a court is aimed at resolving numerous issues in the field of intellectual property rights protection. The article concludes with a general conclusion about the state authorities whose activities are related to the protection and enforcement of intellectual property rights to plant varieties and the problems that exist today.

As an institutional guarantee of technology and innovation, intellectual property rights (IPRs) protection at the national and supranational level has long been an important focus of economics and politics. However, very few studies have examined IPRs protection in the fields of geography and urban studies. Thus, this study aims to investigate IPRs protection within evolutionary economic geography (EEG) by highlighting the effect of economic transition. Taking Huaihai Economic Zone (HEZ), in China, as a sample, the study uses spatial multi-level modelling to better understand the impacts of the threefold process of economic transition (i.e., decentralisation, marketisation and globalisation) on IPRs protection. Our analysis reveals important new insights including: (1) the horizontal spatial distribution of IPRs protection is uneven both horizontally and vertically, and it has significant spatial hotspots; (2) The driving force of China’s internal marketisation and decentralisation policy positively influences IPRs protection, unlike in the Global North, because strong IPRs protection is not suitable for the economic conditions of countries in the Global South due to the negative effects of globalisation; (3) Economic transition has a major influence on IPRs protection at the prefectural level, but not at the provincial level. The contributions of the study are twofold: theoretically, it is one of the first paper to examine IPRs protection at the sub-national level within the framework of EEG, and to use the triangular process of economic transformation to explain the resulting institutional changes. Methodologically, based on the theoretical underpinnings of our study, we take different administrative levels and autocorrelation into consideration in our model.

Introduction.The Ukrainian consumer market is systematically replenished by counterfeit products that evidences of low-effective protection system in the sphere of intellectual property, including at the criminal and legal level.However, social danger of criminal offences related to the intellectual property is of no doubt.The intellectual property rights protection is an important component to success in the market for many companies and trademarks.The security of the intellectual property rights requires continuous market control and monitoring, tracking and identification of violations, working on collection of actual evidences, preparation of documents and their transfer to court bodies, working with courts and control over execution of court decisions.The results of the judicial reform commenced in 2016 in Ukraine, along with amendments to the Constitution, provided for establishing several new institutions, among which was a specialized court -the Intellectual Property High Court.In the fight against counterfeit, one of the main factors is timely harmonization of the regulatory and legal framework to ensure proper protection of copyrights and industrial property rights, as well as its agreement with the related general European imperatives.The quality judicial protection is one of the mechanisms of balanced comprehensive and efficient dispute settlement in terms of intellectual property rights protection.However, the legally provided martial law in Ukraine has somewhat changed the vector of the intellectual property rights protection system by orienting it not only towards internal but also external threats.The martial law in Ukraine provides for certain restrictions of constitutional rights and freedoms of a human and a citizen on a temporary basis during the period of the material law.Temporary

Labor Market Effects of Trade Induced Technological Change Under Intellectual Property Rights Protection

The article draws attention to the specifics of protection of intellectual property rights in Ukraine by civil and special legislation, the rules of which are designed to protect the subjective rights of right holders and other participants in legal relations in the field of intellectual property. Some aspects of the legal nature of jurisdictional remedies are studied. Attention is paid to the specifics of protection of intellectual property rights by civil law, which consists primarily in the methods of protection provided by procedural law. The legislation, the norms of which guarantee the protection of intellectual property and the ways of protection of civil rights are outlined. The existing in the legal literature different views on the classification of methods of protection of property rights are analyzed. The legal analysis of the application of the vindication claim as a means of protection of intellectual property rights is carried out and the given proposals are formulated..

This paper develops a product‐cycle model with costly technology transfer, which requires resources from both the North and the South. In the basic model, we show that strengthening intellectual property rights (IPR) protection induces a large technology transfer and narrows the North–South wage gap. However, we obtain an ambiguous result regarding the effect on economic growth, which depends crucially on the size of the transfer cost. Although strengthening IPR protection induces a high growth rate when the transfer cost is small, it can induce a low growth rate when the transfer cost is large. In the extended model, in order to examine what factors determine the transfer cost, we consider the situation where the Southern firms may misbehave and the Northern firms incur a cost to monitor them. We show that the degree of investor protection and the degree of morality in developing countries influence the size of the transfer cost, which affects economic growth.

Contents: Volume I Acknowledgements Introduction Rohan Kariyawasam PART I WTO, TELECOMMUNICATIONS AND ANTITRUST 1. Wonki Min (2000), 'Telecommunications Regulations: Institutional Structures and Responsibilities' 2. Yoshiko Kurisaki (1995), 'The Changing Role of Telecommunications in the Economy: Globalisation and Its Impact on National Telecommunications Policy' 3. Rohan Kariyawasam (2007), 'International Telecommunications' 4. Peter L. Smith and Bjoern Wellenius (1999), 'Mitigating Regulatory Risk in Telecommunications' 5. Marco C.E.J. Bronckers and Pierre Larouche (1997), 'Telecommunication Services and the World Trade Organization' 6. Lee Tuthill (1996), 'Users' Rights? The Multilateral Rules on Access to Telecommunications' 7. Lee Tuthill (1997), 'The GATS and New Rules for Regulators' 8. Mark Naftel and Lawrence J. Spiwak (2000), 'The WTO and the Reference Paper: An Ostensible Blueprint for Entry' 9. Markus Fredebeul-Krein and Andreas Freytag (1997), 'Telecommunications and WTO Discipline: An Assessment of the WTO Agreement on Telecommunication Services' 10. Timothy Denton (2002), 'Protocol Interfaces Are the New Bottlenecks: What the Internet Means for Telecom Regulation' 11. Rohan Kariyawasam (2005), 'Defining Dominance for Bits and Bytes: A New Layering Theory for Interpreting Significant Market Power?' 12. Sonali Singh (2006), 'The Telmex Dispute at the WTO: Competition Makes a Backdoor Entry' 13. Eleanor M. Fox (2006), 'The WTO's First Antitrust Case - Mexican Telecom: A Sleeping Victory for Trade and Competition' PART II THE CLASSIFICATION OF ELECTRONIC INTANGIBLES IN THE WTO 14. Peter Hill (1999), 'Tangibles, Intangibles and Services: A New Taxonomy for the Classification of Output' 15. Rohan Kariyawasam (2007), 'The Classification of Electronic Intangibles in the WTO' 16. Claude E. Barfield (2003), 'Electronic Commerce and the Gats Negotiations' 17. Harald Sander (2003), 'Electronic Commerce and Gats Negotiation (Some Comments on a Paper by Claude E. Barfield)' 18. Sacha Wunsch-Vincent (2006), 'The Internet, Cross-Border Trade in Services, and the GATS: Lessons from US-Gambling' 19. Federico Ortino (2006), 'Treaty Interpretation and the WTO Appellate Body Report in US - Gambling: A Critique' 20. Maria Veronica Perez Asinari (2006), 'Internet Gambling and Betting Services: When the GATS' Rules Are Not Applied Due to the Public Morals/Public Order Exception. What Lessons Can Be Learnt?' Name Index Volume II: Acknowledgements Introduction Rohan Kariyawasam PART I WTO AND ELECTRONIC COMMERCE 1. Heinz Hauser and Sacha Wunsch-Vincent (2000/2001), 'A Call for the WTO E-Commerce Initiative' 2. Daniel Piazolo (2001), 'Multilateral and European Responses to E-Commerce' 3. Sacha Wunsch-Vincent (2003), 'The Digital Trade Agenda of the U.S.: Parallel Tracks of Bilateral, Regional and Multinational Liberalization' 4. Michael Hart and Ramesh Chaitoo (1999), 'Electronic Commerce and International Trade Rules' 5. Olivier Cattaneo and Julia Nielson (2002), 'Regulation of Services Traded Electronically' 6. Rosemary Morris (2000), 'Electronic Commerce: A Cluster Approach to the Negotiation of Input Services' PART II INTELLECTUAL PROPERTY RIGHTS, BILATERALISM AND TECHNOLOGY TRANSFER 7. Keith E. Maskus (1998), 'The Role of Intellectual Property Rights in Encouraging Foreign Direct Investment and Technology Transfer' 8. Olivier Cattaneo (2003), 'Intellectual Property Rights in the New Economy: Technological Changes and the Protection of Intellectual Property Rights' 9. Carlos M. Correa (2000), 'Implications of Intellectual Property Rights for the Access to and Use of Information Technologies in Developing Countries' 10. Peter Drahos (2001), 'Bilateralism in Intellectual Property' PART III DEVELOPING COUNTRIES, THE NEW ECONOMY AND THE WTO 11. Sanjeev Dewan, Dale Ganley and Kenneth L. Kraemer (2005), 'Across the Digital Divide: A Cross-Country, Multi-Technology Analysis of the Determinants of IT Penetration' 12. Lars T. Soeftestad and Maung K. Sein (2003), 'ICT and Devolopment: East is East and West is West and the Twain may yet Meet. On the Process of Implementing an ICT-Strategy in the Norwegian Agency for Development Cooperation (NORAD)' 13. Rohan Kariyawasam (2007), 'Developing Countries and Telecommunications' 14. Peter F. Cowhey and Mikhail M. Kilmenko (2001), 'Implementing Telecommunications Liberalization in Developing Countries after the WTO Agreement on Basic Telecommunications Services' 15. Arvind Panagariya (2000), 'E-Commerce, WTO and Developing Countries' 16. Catherine L. Mann (2000), 'Electronic Commerce in Developing Countries: Issues for Domestic Policy and WTO Negotiations' 17. David Vivas Eugui (2001), 'Issues on the Relationship Between E-Commerce and Intellectual Property Rights in the WTO: Implications for Developing Countries' Name Index

The article is devoted to issues of international legal principles in the field of implementation and protection of intellectual property objects in the aspect of influence on the processes of law enforcement and law-making in the field of criminal law of domestic legal systems. It is determined that the following are important for the criminal protection of intellectual property rights: the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), the Convention on Cybercrime, the Paris Convention for the Protection of Industrial Property, the Berne Convention for the Protection of Literary and Artistic Works, the Hague Agreement Concerning the International Registration of Industrial Designs, the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration to them, and others. The relevance of this issue is due to the fact that, taking into account the processes of globalization of the world economy, as well as the process of integration of the legal systems of the countries of the world, the study of the international principles of criminal and legal protection of intellectual property is of great importance at the current stage of Ukraine’s development. The author determines that the concept of “intellectual property” should be understood as a type of property as a generic concept. Based on the analysis of the norms of international acts on the criminal protection of intellectual property rights, a number of problems have been identified that must be resolved in legislation, as well as legal science and practice. These problems include: 1) the problem of determining in which sections of the criminal codes the norms establishing criminal liability for infringement of intellectual property rights should be located. It is proposed to combine the norms establishing criminal liability for infringement of intellectual property rights into one section “Criminal offenses against intellectual property” in the Criminal Code of Ukraine; 2) the problem of determining which objects of intellectual property should be protected by the norms of criminal law. Key words: criminal liability, intellectual property, criminal legal protection, World Intellectual Property Organization, European Union.

The article is devoted to the study of the general provisions of intellectual property law in Ukraine. The article notes that the importance of protecting property rights in the intellectual sphere has been growing rapidly in recent decades. A theoretical and practical understanding of the nature of intellectual property rights was carried out based on the analysis of current legislation and available scientific, methodical and journalistic materials. The list of laws that regulate activities in the field of intellectual property, both at the national and international level, is given. It is interesting to note that in Ukraine there are quite a lot of special legislative acts regulating the above activities. Attention is focused on the adaptation of Ukrainian legislation to the legal system of the European Union. International legal acts regulating the protection of intellectual property rights are given. Scientific and regulatory approaches to defining the concept of intellectual property rights are considered. It is established that this concept can be considered in two ways: objective and subjective. In an objective sense, in the legal literature, intellectual property law is considered as a system of legal norms that regulates homogeneous social relations in the field of intellectual property. In a subjective sense, the right of intellectual property is considered as personal property and non-property rights of natural persons, which according to the current legislation belong to the authors for the results of intellectual activity. Special attention is paid to the interpretation of the concepts of property and non-property intellectual property rights. Property intellectual property is the author's rights to the results obtained from his creative activity, similar to the property rights of those who create material objects with their labor (devices, devices, mechanisms, new information technologies, etc.). Non-property intellectual property rights are a set of moral, mental, rational, intellectual and other human rights, which by their nature cannot be alienated from the owner. A comparative analysis was made between intellectual property law and property law in general, and their relationship was also analyzed.

Climate Change, Technology Transfer and Intellectual Property Rights

The increasing complexity of intellectual property (IP) rights enforcement in Africa, especially in sectors such as creative arts, software, trademarks, and patents, necessitates a shift from traditional litigation toward more flexible and efficient mechanisms. This study explores the role of Alternative Dispute Resolution (ADR) including mediation, arbitration, expert determination, and hybrid models in resolving IP disputes across the African continent, with a particular focus on Nigeria. In Nigeria, the Arbitration and Mediation Act of 2023 marks a significant milestone by recognizing electronic communication, legalizing third-party funding, and codifying enforcement mechanisms for arbitral awards. The Copyright Act of 2022 further allows for arbitration in copyright-related disputes. These legal frameworks, supported by the National Policy on Arbitration and ADR (2024–2028), have established a conducive environment for resolving IP conflicts outside the courts. Sectoral initiatives by the Nigerian Copyright Commission (NCC), in collaboration with the World Intellectual Property Organization (WIPO), have promoted the use of mediation clinics, particularly in Nollywood and the music industry. This paper analyzes the benefits of ADR in IP contexts, including time and cost savings, confidentiality, procedural flexibility, and the ability to appoint technically knowledgeable neutrals. It also discusses persistent challenges such as lack of statutory clarity on IP arbitrability, capacity deficits in ADR training, and post-arbitration litigation risks. The study further proposes future directions such as legal reform to clarify IP arbitrability, expansion of hybrid ADR mechanisms, integration of online dispute resolution (ODR) tools, and enhanced public education on ADR. By synthesizing legal, institutional, and practical dimensions of ADR in IP enforcement, this paper argues that Africa especially Nigeria is poised to lead a regional transformation toward non-litigious resolution of IP disputes. The findings are crucial for policymakers, IP practitioners, and creative industry stakeholders seeking to harness ADR for sustainable innovation and legal certainty in the protection of intellectual property rights.

The purpose of this study was to examine the mechanisms for regulating and protecting intellectual property rights in the context of the production of personal protective equipment in the context of a threat to national security. To this end, the study analysed Ukrainian legislation and international regulations governing intellectual property rights, particularly those of manufacturers of personal protective equipment. Thus, in the context of a threat to national security, the intellectual property rights of Ukrainian manufacturers of personal protective equipment were found to be crucial due to the military conflict and the need to protect both the population and the armed forces. The state must guarantee access to vital technologies while respecting the rights of producers, which makes the issue of intellectual property particularly relevant considering the growing demand for the latest developments in the personal protective equipment sector. Cooperation with international partners in the field of technology and intellectual property protection can help develop national production of personal protective equipment and reduce dependence on imported supplies. Government agencies should focus on developing policies that promote the protection of intellectual property rights and provide mechanisms to support manufacturers in critical situations. Raising awareness of producers about their rights and opportunities to protect intellectual property is a crucial step in strengthening their market position. It is essential to strike a balance between the protection of intellectual property rights and the needs of society in the context of a threat to national security. Governments should consider temporary relaxation of rights in times of crisis to ensure overall security

Intellectual Property Rights and Compulsory Licensing: A First Principles Approach to Reform

Intellectual property rights (IPR) protection in Asian markets is getting more and more attention because of the rapid development. The deficient protection of IPR in certain nations, coupled with the urgent need for stronger safeguards, has led to a dearth of globally recognized brands originating from Asia. This article aims to provide a comparative review of IPR protection status and its impact on brand awareness in China and other Southeast Asian countries. By examining the current landscape of IPR protection and its connection to relevant social realities, this comparative analysis underscores the crucial role of IPR protection in the development and modernization of countries, ultimately offering a thought-provoking perspective on strategic IP development.