scholarly journals ANALISIS SITUASI HAK KEKAYAAN INTELEKTUAL BIDANG KESEHATAN DI INDONESIA

2018 ◽  
Vol 21 (2) ◽  
pp. 97-103
Author(s):  
Selma Siahaan ◽  
Basundari Sri Utami ◽  
Retno Gitawati ◽  
Rini Sasanti Handayani ◽  
Mukhlisul Faatih ◽  
...  
Keyword(s):  
Qualitative Research ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Scaling Up ◽  
Research Institutions ◽  
Cross Sectional ◽  
Health Products ◽  
Ipr Policy ◽  
Depth Interviews

The information about intellectual property rights (IPR) related to health products in Indonesia is limited. This manuscript aims to describes the situation of health innovative researches including their products (patented and copyrights) in the last 5 years (2009-2013). This is a cross-sectional exploratory qualitative research, followed by the identifi cation of data and information related to health IPR documents retrospectively from 2009 till 2013. In-depth interviews conducted on IPR managers in 5 (fi ve) government research institutions, Indonesia Institute of Science, Agency for the Assessment and Application of Technology and 7 (seven) universities in Java island. The results showed that the IPR policy is strong, because it is written in the Act, majority of institutions state that IPR is their main indicators, however, the priority of health innovative researches is low. Generally, patented products were not planned to be patented from the beginning. Not all institutions have IPR management structured and incubation unit for development and “scaling up” of  researches results, so that, patented health products were potentially not to be commercialised. This shows that there is still a gap between policy and its implementation in terms of research innovation. Governments should actively promote and utilize the patented health products of Indonesia. Abstrak Informasi tentang Hak Kekayaan Intelektual (HKI) di Indonesia yang terkait dengan produk kesehatan masih sangat kurang. Tulisan ini bertujuan memaparkan situasi penelitian inovatif dan produk hasil penelitian kesehatan terkait HKI (paten dan hak cipta) dalam 5 tahun terakhir (2009-2013). Studi ini merupakan penelitian kualitatif eksplorasi potong lintang disertai identifi kasi data dan informasi pada dokumen HKI bidang kesehatan secara retrospektif dari tahun 2009 sd 2013. Wawancara mendalam dilakukan terhadap pengelola HKI di 5 (lima) lembaga litbang kementerian, Lembaga Ilmiah Pengetahuan Indonesia, Badan Pengkajian dan Penerapan Teknologi dan 7 (tujuh) universitas di pulau Jawa. Hasil penelitian menunjukkan bahwa dasar kebijakan HKI Indonesia telah kuat karena sudah dituangkan kedalam Undangundang, hampir semua institusi yang disurvei menjadikan HKI sebagai indikator utama, hanya penelitian yang berorientasi HKI kesehatan masih kurang diprioritaskan. Pada umumnya hasil penelitian yang dipatenkan tidak direncanakan sejakawal. Belum semua institusi memiliki unit pengelola HKI secara terstruktur dan unit inkubasi untuk pengembangan dan scaling up hasil penelitian agar dimanfaatkan masyarakat luas sehingga produk paten kesehatan berpotensi menjadi yang tidak bisa dikomersialisasikan. Hal ini menunjukkan bahwa terdapat gap antara kebijakan dan implementasinya dalam hal penelitian inovasi. Pemerintah perlu secara aktif membantu mempromosikan dan memanfaatkan hasil produk kesehatan yang telah memperoleh HKI.  

Intellectual property rights policies of higher education institutions (HEIs) in India: a cross-sectional study

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Vijay Kumar Sattiraju ◽  
Ravi Pandey ◽  
Ramjee Pallela ◽  
Anindya Sircar ◽  
Virendra S. Ligade ◽  
...  
Keyword(s):  
Higher Education ◽  
Intellectual Property ◽  
Intellectual Property Rights ◽  
Cross Sectional Study ◽  
Qualitative Approach ◽  
Sectional Study ◽  
Cross Sectional ◽  
Content Type ◽  
Innovation Practices ◽  
Ipr Policy

Purpose The purpose of this study is to assess the intellectual property (IP) policy and innovation practices of higher education institutions (HEIs) and to understand the impact of national intellectual property rights (IPR) policy at the ground level. It identifies the barriers of HEIs in the generation of IP, its commercialization and technology transfer. Design/methodology/approach This cross-sectional study aims to understand the innovation practices and IP policy framework of HEIs in India. It was studied in a qualitative approach with a structured questionnaire tool deployed to the top management of HEIs (targeted respondents), using convenience sampling methods. Findings The results imply that IP policies and innovation practices of HEIs in India are evolving and need to align with the global standard as envisaged in the national IPR policy. Lack of commensurate incentives to the inventors, linkages with industries and facilities were found to be major barriers among HEIs and research institutions. Institutional IP policy shall be framed to promote industry linkages with universities resulting in successful IP generation and technology transfer. Research limitations/implications The sample size in this study is less; however, it does not have an impact on the study outcome, as it is a qualitative approach. Practical implications This study brings awareness among stakeholders of IP generation and commercialization regarding the barriers and needed changes to overcome them through policy. Social implications It helps policymakers to redesign the tools of IP and innovation policy to enable the innovation promotion at HEIs. This study identifies innovation practices and institutional barriers in the generation of IP. Originality/value This qualitative survey-based study helps in understanding the innovation practices of HEIs in India. It also aims to identify the barriers of HEIs on the generation and commercialization of IP.

Ethics in Qualitative Research

2021 ◽  
pp. 1-32
Keyword(s):  
Qualitative Research ◽  
Intellectual Property ◽  
Property Rights ◽  
Research Ethics ◽  
Intellectual Property Rights ◽  
Research Projects ◽  
Human Research ◽  
And Control

This chapter exposes readers to practical techniques of handling ethics in qualitative research projects. Researchers will be able to understand qualitative research ethics for human and non-human research projects. The intellectual property discussion is central to qualitative research projects; readers will be exposed to the steps of undertaking intellectual property rights discussion. The chapter is divided into five sections; readers will be able to experience the dangers of overlooking ethics when undertaking qualitative research projects, and the chapter suggests possible solutions to reduce and control risks that are connected to the violations of research ethics.

The Waiver of Certain Intellectual Property Rights Provisions of the TRIPS for the Prevention, Containment and Treatment of COVID-19: A Review of the Proposal under WTO Jurisprudence

2022 ◽  
pp. 1-19
Author(s):  
Khorsed Zaman
Keyword(s):  
Intellectual Property ◽  
Knowledge Transfer ◽  
Property Rights ◽  
World Trade Organization ◽  
Intellectual Property Rights ◽  
World Trade ◽  
Scaling Up ◽  
Legal Analysis ◽  
Balanced Approach

Abstract This article is a critical legal analysis of the proposed TRIPS waiver under World Trade Organization (WTO) law. It reviews the existing TRIPS flexibilities and the “August 2003 TRIPS waiver”, highlighting the obstacles to achieving the goals of these legal instruments. It demonstrates that numerous critical TRIPS flexibilities, notably TRIPS Article 31bis, are ineffective, prompting some countries to submit a new waiver proposal to the WTO. It highlights several WTO rules that are also quite ambiguous. This paper argues that a WTO clarification might be an alternative to the new TRIPS waiver proposal if it is ultimately rejected due to a lack of consensus among WTO members. Finally, this article emphasises the importance of adopting a balanced approach that may simplify complicated TRIPS rules, decrease the risk of trade-based retaliation and improve collaboration in knowledge transfer and scaling up the manufacture of and access to lifesaving vaccines, pharmaceuticals and healthcare equipment.

scholarly journals Micro Medium and Small aEnterprise Human Resources’ Creativity in West Java Through Intellectual Property Rights (IPR) License in the Pandemic Covid-19 Situation

2021 ◽  
Vol 12 (4) ◽  
pp. 684-694
Author(s):  
Nina Nurani, Et. al.
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Human Resources ◽  
Intellectual Property Rights ◽  
Sampling Technique ◽  
Small Enterprise ◽  
License Agreement ◽  
Literature Study ◽  
West Java ◽  
Cross Sectional

The creativity of human resources at Micro, Medium and Small Enterprise (MSME) had an essential part for the development of MSME in recent Covid-19 pandemic situation. The matter of creativity was significantly required through an intellectual property rights (IPR) license agreement support; furthermore, resulted the optimization of economic as its exclusive right equitably protected. Regardless the license agreement owned by West Java MSMEs was inadequately appropriate. This study purposed to find out how the human resources creativity of West Java MSME and human resources creativity through intellectual property rights license agreement in in the Covid-19 situation. This study applied a cross sectional method, qualitative normative juridical and legal interpretation methods. The descriptive research specification was quantitative analysis, implementing purposive sampling technique to obtain thirty MSME respondents specifically in West Java. In addition, the data collection engaged literature study techniques. The results showed that the creativity of human resource at MSME might increase the demand for MSME products. The human resources creativity including person, process, press and product perspectives were fundamental in the development of MSME. It referred to an indication by the frequency of respondents in carrying out each perspective assessed as a necessity in developing MSME. Thus, intellectual property rights license agreement led to be required aspect in improving, protecting and developing the creativity of human resources, especially during the Covid-19 pandemic situation. It was proven by being understood and trusted by West Java MSME; nevertheless, the participation at the time of socialization was not optimal. In the other hand, West Java MSME had been propertied by the intellectual property rights license agreement. It related to procedural constraints, lack of information and also costs.

scholarly journals STRENGTHENING WAQF INSTITUTION TO DEVELOP INTELLECTUAL PROPERTY AS A WAQF ASSET

2020 ◽  
Vol 8 (3) ◽  
pp. 610-617
Author(s):  
Chrisna Bagus Edhita Praja ◽  
Puji Sulistyaningsih ◽  
Budi Agus Riswandi ◽  
Mulyadi
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Economic Value ◽  
Qualitative Approach ◽  
Indonesian Government ◽  
Legal Structure ◽  
Proposed Model ◽  
Depth Interviews

Purpose of the study: This study aims to provide a proposed model for intellectual property as a waqf asset with the perspective of legal substance and legal structure. Methodology: This study was conducted by examining various regulations in the field of waqf. In-depth Interviews with the Indonesian Waqf Board and D.G.I.P. are used to identify obstacles to the implementation of I.P.R. Waqf. The data obtained were analyzed using a qualitative approach and presented in the descriptive form. Main Findings: The results show that B.W.I., P.P.A.I.W., Appraisal, and Commercial Court play an important role in establishing a legal structure for the implementation of I.P.R. waqf. P.P.P.A.I.W. directly pertains to success in the administration of I.P.R. waqf. B.W.I., as a Nazir advisor, is needed in the socialization and enhancement of Nazir competencies, especially Intellectual Property Rights. Commercial Court, as a judicial institution that has the authority to provide the determination, can be involved in the process of implementing I.P.R. waqf. Meanwhile, to find out the economic value of I.P.R., an appraisal can also be involved. Applications of this study: This study is useful for the Indonesian Government to make implementing regulations regarding Waqf with I.P.R. assets.

scholarly journals Economic and legal prospects of activation of science parks activity on the way to neoeconomics

2021 ◽  
pp. 82-96
Author(s):  
Oleksandr Butnik-Siverskyi
Keyword(s):  
Higher Education ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
The State ◽  
Research Institutions ◽  
Science Parks ◽  
License Agreement ◽  
Science Park ◽  
State Budget

Butnik-Siverskiy О. Economic and legal prospects of activation of science parks activity on the way to neoeconomics. The author researches and substantiates by generalizing the scientific points of view improving the legal regulation of the created science parks on the initiative of higher education institutionsand / or research institutions, taking into account the economic and legal prospect of intensifying their activities. National and foreign experience of science parks activity is considered. The content of using the founding agreement on creation of a science park and the agreement on partnership of business entities witha science park is provided. Problems that have not yet been resolved in the process of creating science parks and using innovative developments are noted. The classical content of entrepreneurship in innovation is provided and considered from the standpoint of clarifying the content of the innovation structure, which is based on the commercialization of intellectual property rights by their types, which is a part of the intellectual capital cycle with a corresponding effective result. There is substantiated the procedure of formation of the statutory capital of the science park, to which higher educational institutions and / or scientific institutions cannot use intellectual property rights to the objects, created at the expense of budgetary funds, but can only under the conclusion of a license agreement with business entity, having non-state and state form of ownership as transferred assets, which does not require the alienation of the object of intellectual property rights as part of intangible assets. It is proposed to use the target budget funds as the initial start-upcapital, which is provided on reverse terms to the state budget in case of closure (liquidation) of the science park by the decision of the founders or on the basis of a court decision. Alternatively, in the absence of target budget funds, it is proposed as a source of money to contribute to the statutory capital of the science park as a start-up capital to send part of the special fund of the state budget. It is justified the creation of a technology transfer office, which will be a structural unit of higher education institutions and / or research institutions, which will deal with the process of filing and reviewing a patent application and subsequent licensing. It isnoted that the science park can be the founder (co-founder) of small innovative enterprises and enter into partnership agreements with them for the implementation of certain innovative projects.Keywords: intellectual and innovation environment, science park, founding agreement, statutory capital, intellectual property rights, license agreement, legal status

scholarly journals ECONOMIC AND LEGAL PROSPECTS OF ACTIVATION OF SCIENCE PARKS ACTIVITY JN THE WAY TO NEOECONOICS

2020 ◽  
Author(s):  
Олександр Бутнік-Сіверський
Keyword(s):  
Higher Education ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Higher Education Institutions ◽  
Research Institutions ◽  
Science Parks ◽  
Science Park ◽  
State Budget ◽  
Start Up

The author researches and substantiates by generalizing the scientific points of view improving the legal regulation of the created science parks on the initiative of higher education institutions and / or research institutions, taking into account the economic and legal prospect of intensifying their activities. National and foreign experience of scienceparks activity is considered. The content of using the founding agreement on creation of a science park and the agreement on partnership of business entities with a science park is provided. Problems that have not yet been resolved in the process of creating science parks and using innovative developments are noted. The classical content of entrepreneurship in innovation is provided and considered from thestandpoint of clarifying the content of the innovation structure, which is based on the commercialization of intellectual property rights by their types, which is a part of the intellectual capital cycle with a corresponding effective result. There is substantiated the procedure of formation of the statutory capital of the science park, to which higher educational institutions and / or scientific institutions cannot use intellectual property rights to the objects, created at the expense of budgetary funds, but can only under the conclusion of a license agreement with business entity,having non-state and state form of ownership as transferred assets, which does not require the alienation of the object of intellectual property rights as part of intangible assets. It is proposed to use the target budget funds as the initial start-up capital, which is provided on reverse terms to the state budget in case of closure (liquidation) of the science park by the decision of the founders or on the basis of a court decision. Alternatively, in the absence of target budget funds, it is proposed as a source of money to contribute to the statutory capital of the science park as a start-up capital to send part of the special fund of the state budget. It is justified the creation of a technology transfer office, which will be a structural unit of higher education institutions and / or research institutions, which will deal with the process of filing and reviewing a patent application and subsequent licensing. It is noted that the science park can be the founder (co-founder) of small innovative enterprises and enter into partnership agreements with them for the implementation of certain innovative projects.

Intellectual Property Rights

2021 ◽  
pp. 95-110
Author(s):  
Vijay Laxmi ◽  
Mary Shobha Rani Inala
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Life Sciences ◽  
Intellectual Property Protection ◽  
Research Institutions ◽  
Trade Secrets ◽  
Public Benefit ◽  
The Mind ◽  
Professional Guidance

Intellectual property rights (IPRs) denote distinct types of conceptions of the mind for which property rights are documented. Basic and clinical scientists at research institutions often make ideas that have health benefits if developed and applied to the improvement of human wellbeing. Therefore, learning the basics of intellectual property protection and obtaining professional guidance in its management avoids such losses with a minimal burden of confidentiality on the investigator by using any of the mechanisms (patents, trademarks, copyrights, trade secrets, and know-how agreements). The probability of scientific findings becoming accessible for public benefit is low without suitable intellectual property protection. This reality is particularly true in the life sciences and biotechnology arenas comparative to other areas of science, and hence, it is a prerequisite to know about intellectual property rights and their significance for better development.

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