Global Patent Filings Dip for the First Time in 14 Years | Lex Protector

 

For over a decade, global innovation has been on a steady rise, reflected in a consistent increase in patent filings. But a recent report by the United Nations World Intellectual Property Organization (WIPO) throws a curveball. For the first time in 14 years, international patent filings have declined. The report highlights a 1.8% drop in filings in 2023 compared to 2022, totaling 272,600 applications. This dip is attributed to two major factors: economic uncertainty and rising interest rates.

With inflation on the rise and a looming recession a concern, businesses are likely tightening their belts. Research and development (R&D), which often leads to patentable inventions, can be an expensive undertaking. In such a climate, companies might be more hesitant to invest in innovation.

Higher interest rates also play a role. Startups and smaller businesses, which are often at the forefront of innovation, may find it harder to secure funding for their projects due to the increased cost of borrowing.

However, the report also identifies a bright spot: India. While the global trend dipped, India bucked the trend and saw an increase in patent filings. This suggests that some countries might be prioritizing innovation even amidst economic challenges.

The decline in patent filings is a cause for concern. Innovation is a key driver of economic growth and development. A slowdown in innovation could lead to stagnation in various sectors. It remains to be seen whether this is a temporary blip or a long-term trend. The coming years will be crucial in determining the impact of the current economic climate on global innovation.

Blog Resource : https://lexprotector.com/blog/patent-filing-global-filings-dip-for-the-first-time/

Navigating the Legal Maze: AI, IP Rights, and the Quest for Clarity

Lately, a bunch of countries, like the USA and the UK, have made it clear that their local laws don’t really recognize the outputs of artificial intelligence (AI). Figuring out what exactly qualifies as ‘autonomous inventions’ versus ‘AI aided inventions’ is a bit of a head-scratcher, especially since there’s no official technical definition for it. With the advent of technology, AI can be used either as a tool to produce a creative output or it creates independent outputs through self-learning algorithms without any human intervention.

Now, when AI is merely used as a tool, it’s crucial to figure out how the extent of human link and intervention used to produce the given output on which IP rights are demanded. Just hitting a button or providing in a few basic instructions isn’t enough to give exclusive IP rights on the human author. It is important to determine such questions to ensure that the very purpose of IP rights is not defeated by conferring protection to humans on works where no creative effort, skill, or judgment has been used.

AI as a tool may give rise to legal ambiguity in terms of determining inventorship. IP law generally does not differentiate between ideas that arise solely from the inventor’s thoughts and those that are created through problem-solving methods and tools. For instance, if a painter uses a paint brush for creating a painting, he would not be denied copyright for the use of the brush as a tool.

But how is this justified? AI systems differ from humans in terms of their capacity and capability to process data. These are not merely tools, but ‘self-learning’ tools capable of producing original works. Thus, even the use of AI as a tool is problematic for determining authorship/ownership status owing to the jurisprudence of Creativity, Sweat & Brow, Labour, and Personality theories.

At the current state of technology, neither the jurisprudential theories of IP nor the level of ‘self-learning’ mechanisms of these systems justify IP rights. Given the current predictions of AI designers regarding the uncertain and distant arrival of Artificial General Intelligence, it seems more advantageous to shift focus towards more relevant matters concerning intellectual property (IP) law in relation to AI techniques. Plus, let’s take a good look at what role IP law is really playing in boosting AI innovation.

Blog Resource : https://lexprotector.com/blog/navigating-the-legal-maze-ai-ip-rights-and-the-quest-for-clarity/

Protection of Intellectual Property in China: The Power of Customs Registration

In today's fast-paced global economy, intellectual property (IP) has become a vital asset for businesses worldwide. China, with its burgeoning market and complex legal landscape, presents both immense opportunities and potential challenges for IP protection. For rights holders navigating this terrain, Chinese Customs Registration emerges as a critical tool for safeguarding their valuable innovations and creations.

What is Chinese Customs Registration?

Chinese Customs Registration, also known as IPR Recordal with the General Administration of Customs (GAC), is a voluntary administrative procedure that empowers IP right holders to proactively inform the GAC of their legally protected IP rights, including trademarks, patents, and copyrights. This involves submitting detailed information about the IP, including its legal status, the relevant goods it relates to, and authorized uses. By doing so, IP holders equip the GAC with the knowledge and tools to actively seek out and detain infringing goods at the border during import and export.

Why is Chinese Customs Registration Important for IP Holders?

There are several compelling reasons why IP holders should consider Chinese Customs Registration:

• Enhanced Detection of Infringing Goods : By providing the GAC with detailed information about your IP, you effectively create a "watchlist" that customs officials can actively reference during border checks. This significantly increases the chances of identifying and intercepting counterfeit or pirated goods before they enter or leave the country, minimizing market saturation and potential damage to your brand reputation.
  
  
• Strong Deterrent Effect: The mere presence of your IP on the GAC watchlist serves as a powerful deterrent to potential infringers. Knowing that their illegal activities will likely be intercepted at customs discourages them from attempting to import or export counterfeit goods in the first place. This proactive approach can significantly reduce your need for costly legal intervention and enforcement actions.

• Streamlined Enforcement Process: When infringing goods are identified by customs, the detention process is swift and efficient. The GAC has the authority to detain suspect goods for up to 30 days while seeking confirmation of infringement from the IP right holder. This allows for timely resolution of infringement cases and minimizes the disruption to legitimate trade flows.
  
  
• Reduced Enforcement Costs: Compared to litigation or private investigation, Chinese Customs Registration offers a cost-effective solution for IP protection. The registration process itself is relatively affordable, and the proactive detection and deterrence it fosters can dramatically reduce the need for subsequent enforcement actions.

Blog Resource : https://lexprotector.com/blog/protection-of-intellectual-property-in-china/