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Potentials and Limitations of A.I. Art under Intellectual Property

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Creativity and Copyright

Creativity is at the heart of all artistic achievements. It is nurtured by human touch and imagination. One cannot exist without the other; they are organically connected in a symbiosis of originality and authenticity. Art mediums can differ from one artist to another, but the final result will remain a pure representation of a person’s perception of the world, a personal life experience, a storytelling, all inspired by the artist’s creative genius. This is how the Berne Convention for the Protection of Literary and Artistic Works (1886) defines “original works” (in its Article 2), as a condition to be protected under Copyright Law: “It deals with the protection of works and the rights of their authors. It provides creators such as authors, musicians, poets, painters, etc., with the means to control how their works are used, by whom, and on what terms.” Knowing that these rights must be considered as exclusive rights of authorization.

Copyright (or author’s right) represents the rights that creators have over their literary and artistic works. Works protected by copyright vary from books, music, paintings, sculpture, and movies. On the one hand, the artist obtains economic rights, which allow him to protect his work, be the rights owner, and yield financial rewards from the use of his art by others. On the other hand, he benefits from moral rights by claiming work authorship.

In this day and age where Artificial Intelligence is making big leaps in innovation, the main problem becomes knowing which work is eligible for protection under Copyright. Can an artwork, made with the assistance of technology or generative AI, be protected in terms of Copyright? In other words, can AI-generated Art be “copyrightable” in the realm of Intellectual Property? Human or Machine? That is the question.

Art, Artificial Intelligence (AI), and Copyright

During the year 2023, exhibitions and workshops in art museums highlighted innovative artwork produced by AI by emphasizing conceptualization, visualization, and animation of art. For a creative work to be granted Copyright, two conditions have to be met: The Human Authorship requirement and the Originality requirement. Meeting the human authorship requirement depends on whether artwork contains sufficient human contribution. In other words, a work exclusively generated by AI cannot meet this condition and, therefore, cannot be copyrightable.

What makes an artwork original is the artist’s unique feelings and emotions, in space and time, being expressed with a personal touch. Originality is closely related to uniqueness, the fact that an artwork resembles no other, and the fact that it is made by an artist that also resembles no other is key to its originality. This is to be contrasted with AI artwork, which is the product of an algorithm that, no matter how advanced the technology is, remains a series of lines of programming code displayed in pixels on a screen and translates to zeroes and ones inside a computer processor.

Does AI-generated art fall under the umbrella of “art”? The question remains debatable. Can “Art-ificial” be “Art-istic”? Art is the process of giving birth to an emotion using material tools and techniques. No matter what tools and techniques are used, if the emotion is absent, there is no art anymore, as the art essence is purely human based on Creativity, Aesthetics, and Imagination.

AI cannot produce innovation; it can only use approximation tools and reconstitutions of preexisting materials: “Today, we are in the throes of a technological revolution that may require us to rethink the interaction between computers and the creative process.” In many Arab countries, an original work of authorship should be created by a human to be registered, and an artist’s Intellectual Property rights (IPR) have to be protected in the digital transformation where using Virtual Reality (VR) and Metaverse technologies is increasing in the Art domain. Many court decisions in the world consider that Copyright law only protects “the fruits of intellectual labor” that “are founded in the creative powers of the mind.”

QSTP is Located in Qatar Foundation’s Education City, where it has unparalleled access to a large number of research universities. The members of QSTP are collectively committed to investing in new technology development programs, creating intellectual property, enhancing technology management skills and developing innovative new products. QSTP is increasingly recognized as an international hub for applied research, innovation, and entrepreneurship.

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 WIPO, Berne Convention for the Protection of Literary and Artistic Works, https://www.wipo.int/treaties/en/ip/berne/

Environmental Sustainability and Innovation in the Light of UAE’s COP28

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Eco-Innovation and Climate Action in the GCC

An emerging concern is taking place in Gulf countries in response to the world’s climate change issue. Most of them are implementing eminent measures to reduce, as much as possible, any source of pollution or toxic activities that may threaten the environment.

As the environment is now considered a main point of interest for all nations, it is urgent to take action to resolve the main climate issues of the planet. Accordingly, The United Nations Climate Change Conference 2023 was held in the UAE, known as COP 28, referring to the 28th meeting of the Conference of the Parties (COP) to the UNFCC. Negotiations were directed with the principal and ambitious aim to set an agreement for a more sustainable future for the world, by implementing a strategic roadmap in this matter. One of the questions that were examined was: “How can Artificial Intelligence (AI) be harnessed to scale up climate solutions in developing countries?”

In fact, AI can increasingly be an invaluable instrument in dealing with climate change, knowing that to take climate action, there must be a symbiosis between cutting-edge technologies and the digitalization of energy systems. The member states of the UNFCC, business leaders, climate scientists, experts, and stakeholders were reunited to examine the climate crisis to limit the global temperature rise to 1.5 degrees Celsius, helping vulnerable communities adapt to the effects of climate change, and achieving net-zero emissions by 2050 through Innovative Energy Solutions.

Hence, the emergence of the relevant concept of “Eco-innovation” signifies a new business approach. This approach not only promotes sustainability throughout the entire life cycle of a product but also enhances a company’s performance and competitiveness.

In other words, eco-innovation refers to new technologies that improve economic and environmental performance. It also includes organizational and social changes for improving competitiveness and sustainability. This combination of Environment and Innovation (including new technologies) is increasing very fast. Environmental Technology is becoming the main interest of all states in the world, structuring their internal policies on it, along with its social, economic, and environmental aspects.

Intellectual Property as a Catalyst for Green Innovation

Intellectual Property (IP) is playing an effective role by affording protection to Eco-friendly Technologies and Patents. A multitude of inventions and creations are being revealed in different countries related to machinery, industrial energy, landscape shaping, public transportation (electric motors, creating eco-friendly cities), giving the lead to the Renewable Energy sector (solar systems and hydraulic energy).

IP is emerging as a catalyst for environmental issues by protecting Patents and Trademarks and even beyond, IP is a vast field, given the essential focus on Innovation and the creation of new technologies concerning climate change. Other areas of IP law and regulations may be relevant in dealing with the challenge of climate change, for instance:

  • The protection of undisclosed information, regulatory data, or trade secrets.
  • The use of certification and collective marks, geographical indications, and other distinctive signs relevant to climate change.
  • The protection of environmental and agricultural knowledge and practices through different IP mechanisms.

It is noteworthy that the World Intellectual Property Organization (WIPO) is prioritizing the environment by implementing IPO Green, to support IP Offices that are key actors in green innovation ecosystems, and to enact green policies and programs where Climate Solutions can be operated. Their role typically involves programming to support green innovation and effective IP management by entrepreneurs working in this space.

That’s the reason why the development of environmentally friendly technologies is flourishing nowadays. Hence, the challenge is to enhance the environment for innovation while enabling speedier diffusion of these green technologies to all parts of the world. Resolving the Climate Change crisis depends on economic growth that is aligned with the environment. Innovative green technology solutions help by adopting alternative energy production, energy saving, reduction of pollution emissions, agriculture, and forestry.

IP rights are necessary for the existence of Clean Technologies fostering the concept of “Cleantech” in developing countries. In parallel, protecting IP rights and affording access to climate-related technologies should be put in place along with spreading environmental awareness. Subsequently, creating a balance between IP and Environmental Sustainability is essential in a world that is positioned at the intersection between Climate Crisis and Innovation. The creation of Green Technologies and Renewable Energy Solutions cannot develop without IP rights protection. Sustainable Innovation should be maintained, leading the world towards a resilient and eco-friendly future.

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WIPO GREEN, The Marketplace for Sustainable Technology, https://www3.wipo.int/wipogreen/en/ipo-green/ 

 WIPO, Climate Change and Intellectual Property, https://www.wipo.int/policy/en/climate_change/

Digital Innovation: A Crossroad between Qatar’s Healthcare Sector and Intellectual Property

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Digital Innovation

While the world is witnessing a growing wave in all fields of work interest, Qatar has played a pioneering role in establishing a robust healthcare system in the region. This involves aligning expertise and technicity with the newest Medical Technology (MedTech), placing medical personnel at the forefront of innovation and excellence.

In the same perspective, the healthcare industry is directly influenced by Intellectual Property (IP) law, governed by innovation, which is the main driver behind the development of a well-established healthcare sector.

The World Health Organization (WHO) defines digital health, in its Digital Health Strategy (2020-2025), as the utilization of digital technologies and data to enhance health outcomes, improve health system performance, and empower individuals to make informed decisions about their health and well-being.

Healthcare and IP are inherently connected; these two realms are in symbiosis, creating an environment of trust for patients towards medical professionals.

Moreover, Artificial Intelligence (AI) in Healthcare is rapidly advancing, imparting a transformative impact on different medical sectors. This is simultaneously governed by IP, supporting innovation and creating new realities.

On the other hand, the WIPO Academy is moving forward to provide skills and education for medical professionals, supporting entrepreneurs, researchers, and professors in developing their practical IP skills in the field.

Digital health technologies differ according to the healthcare service the patient is dealing with. Qatar has incorporated a Digital Transformation related to various medical aspects:

 WIPO, The Digital Health Revolution: Leveraging Intellectual Property for Equitable Access and Innovation, August 4, 2023,  https://www.wipo.int/policy/en/news/global_health/2023/news_0011.html 
Digital platforms are enabled to facilitate access for patients to their medical records, history, consultations, and database, creating a personalized service through applications, Virtual care, digital infrastructure, and Telemedicine.

Data Analytics and Health Research and Development in different medical specializations.

Accessibility and Awareness of personal health.

Simultaneously, an urgency to protect IP rights arises as the healthcare sector becomes increasingly digitized in Qatar. Securing Qatar’s Digital Health is concretized through safeguarding patents, copyrights, and trade secrets. In other words, by protecting IP rights, innovation is consecrated, acknowledging that patents play a crucial role in realizing improvement in the healthcare industry.

However, challenges may arise concerning the emergence of new technologies and the need for IP protection, especially between the adoption of these new devices and creating a safe IP environment related to healthcare. Regarding the Qatari Legal framework, patents, copyright, and trade secrets are protected, in addition to licensing, registering, and enforcing IP rights procedures in Digital Health in Qatar. Therefore, protecting IP rights goes beyond safeguarding the company’s (the creator) own interests; it permits a wide and focalized protection for the patient’s life and health by encouraging and facilitating the establishment of innovation and research and by appropriately using technology innovation globally to be more accessible and equitable.

Moreover, Public-Private Partnerships in Qatar’s Health sector are essential through daily collaboration with the intervention of Qatar’s Ministry of Public Health. This collaboration aims to facilitate and enhance the development of healthcare with adequate medical and curative methods, cooperating with international entities, and academic and professional organizations holding the newest inventions and practices.

Consequently, the main challenge consists of creating a counterbalance between the rapid growth of Healthcare Innovation and IP Protection. Innovation is the driving goal of Medical Improvement, which can’t function without prioritizing IP services and support.

As for Hamad Medical Corporation (HMC), the main healthcare corporation in Qatar, it is one of the leading hospitals in the GCC countries and in the Middle East. HMC has been organizing several workshops and seminars, such as the “HMC Intellectual Property and Innovation Workshop,” during which the Academic Health System (AHS) Program Office, in collaboration with Qatar Foundation’s IP & Technology Transfer (QF IPTT) Office, hosted an Intellectual Property (IP) and Innovation workshop. The workshop provided participants with knowledge on essential aspects of clinical and healthcare-related IP and technology transfer, how this relates to innovation and IP development in Qatar, and how to protect IP effectively.

HMC is rapidly proving itself as the leading academic health system in the region. Research and Education are becoming integral parts of HMC’s healthcare, considering that HMC’s strategic vision is to provide the best and safest care to its patients.

In addition to that, the Medical Research Center (MRC) in Qatar at Hamad Medical Corporation (HMC) is conducting research and developing knowledge through innovation, supporting Qatar’s research community in initiating innovative and ethical studies in diagnostics and treatments and expanding globally into international collaborations.

Simultaneously, WIPO’s Global Challenges program seeks to raise awareness and understanding of the complex linkages between global health and access to medical technologies, innovation, technology transfer, and trade. The goal is to leverage intellectual property (IP) as a tool that contributes to meeting the world’s most pressing health needs.

The WIPO Global Health Innovation Fellowship, launching in October 2023, aims to bridge healthcare and innovation, foster inclusivity, promote collaboration, and drive local growth and development.

All equipment, machinery, software reveal the intersection of AI and the Healthcare ecosystem in Hospitals, Clinics, and Medical Centers, used by Doctors, Nurses, and Technicians to deliver diagnostic advancements in the field.

Hence, the integration of advanced technologies and Digital Innovation in the Healthcare field in Qatar is a revolution in patient care and well-being. It is continuously emerging by optimizing the efficiency of the Healthcare infrastructure. As technology in this field continues to evolve, the enforcement of IP rights in Digital Health technologies is crucial, noting the nexus relation between Healthcare and IP. This reveals

 Hamad Medical Corporation (HMC), Academic Health System, HMC Intellectual Property and Innovation Workshop, https://www.hamad.qa/EN/Education-and-research/Academic-Health/Events/Pages/HMC-Intellectual-Property-and-Innovation-Workshop.aspx 
 Hamad Medical Corporation (HMC), Academic Health System, HMC Intellectual Property and Innovation Workshop, https://www.hamad.qa/EN/Education-and-research/Academic-Health/Events/Pages/HMC-Intellectual-Property-and-Innovation-Workshop.aspx 
WIPO, Global Health and IP, https://www.wipo.int/policy/en/global_health/ 
WIPO, Empowering MedTech Innovators Through the WIPO Global Health Innovation Fellowship, September 27, 2023, https://www.wipo.int/policy/en/news/global_health/2023/news_0015.html 

Hence, the integration of advanced technologies and Digital Innovation in the Healthcare field in Qatar is a revolution in patient care and well-being. It is continuously emerging by optimizing the efficiency of the Healthcare infrastructure. As technology in this field continues to evolve, the enforcement of IP rights in Digital Health technologies is crucial, noting the nexus relation between Healthcare and IP. This reveals the link of MedTech Innovators to IP services and support. Setting up an effective MedTech Innovation ecosystem, Qatar’s Healthcare landscape is proving successful in highlighting the importance of fostering Innovation and promoting equitable access to healthcare products in a Global Health plan and IP Strategy for the benefit of the Patients’ Healthy, secured, and better Life.

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Creative Economy’ in UAE: Unleashing a Dynamic Intellectual Property Strategy

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Creative Economy

“… Innovation and Creativity need an open and collaborative environment to thrive. Great ideas need partnerships to bring them to reality for our common benefit.”

Creativity has always been at the heart of intellectual property (IP) components, leading the way for the creative economy to emerge in a given national IP environment. The creative economy is initiated by design, music, art, fashion, film, and technology, which give rise to new jobs and sources of income. It is an evolving concept based on the contribution and potential of creative assets to contribute to economic growth and development. It is actively generated by human endeavor and talent in all its forms in the modern global economy. The creative economy is a key driver of economic growth.

Launched in 2021, the UAE’s National Strategy for the Cultural and Creative Industries (CCI) aims to promote the growth of the cultural and creative industries sector and increase its contribution to 5 percent of the GDP by 2031. The UAE’s CCI consists of the creativity, creation, production, distribution, and dissemination of goods and services of creative expression and cultural preservation that generate and sustain socio-economic impact.

This Strategy will enhance the UAE’s position as a global destination for a knowledge-based economy based on creativity, innovation, talent, and technology. Hence, cultural and creative industries performing in the UAE have direct economic outputs and serve the policy of economic diversification directly and effectively.

It is essential to study the inherent relationship between intellectual property and the rise of the creative economy in a developed market like the UAE. It is a dynamic relation between them, in a transformative process.

Daren Tang, WIPO Director General, March 4, 2022

 New Economics for Sustainable Development: Creative economy, United Nations Economist Network,  https://www.un.org/ 

GDP: Gross Domestic Product: Gross domestic product (GDP) is the standard measure of the value added created through the production of goods and services in a country during a certain period. 
National Strategy for the Cultural and Creative Industries, The Official Portal of the UAE Government, 05 September 2023, https://u.ae/en/about-the-uae/strategies-initiatives-and-awards/strategies-plans-and-visions/finance-and-economy/national-strategy-for-the-cultural-and-creative-industries#:~:text=Launched%20in%202021%2C%20the%20UAE’s,the%20national%20GDP%20by%202031.

 Launch of UAE Cultural and Youth, Ministry of Culture & Youth, United Arab Emirates.
In fact, using intellectual property as a driver of the creative economy is crucial, as IP is essential for the development of the creative economy. Intellectual Property Rights and Laws enable protection for creative and innovative works through effective IP regulations. Furthermore, IP permits creators to monetize their work and measure the “economic value” of the creative industries.

Moreover, the UAE is working on the impact of modern technology on intellectual property rights in the era of the digital revolution. The economic importance of creativity in the modern world is increasing along with interactive digital media and Internet-based distribution. It is noteworthy that the UAE has initiatives and future visions regarding the development of the metaverse ecosystem, the most prominent of which is the Dubai Metaverse Strategy, aiming to strengthen Dubai’s position as one of the top 10 cities in the field of the metaverse.

In parallel, creativity and a knowledge-based economy contribute to creating sustainable social and economic progress in the UAE by enabling the business environment through the outcomes of this pioneering Strategy. The Dubai Creative Economy Strategy aims to transform Dubai into an international destination for creativity and the capital of the creative economy by 2025 within a dynamic system that will enable it to develop its economy in all sectors.

It is known that the World Intellectual Property Organization (WIPO) provides practical information to authors and performers who are in the process of establishing themselves in the market and clarifies the interface between talent and creativity on the one hand and management skills and entrepreneurship on the other hand.

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The UAE’s National Strategy seeks to strengthen the UAE’s position on the global scale, attract cultural projects, talents, and startups, increase the number of enterprises in the field, raise their income, and create new jobs in the creative industries, enhancing the creative economy’s role in the nation’s economic growth. In light of the national strategies established in the UAE as highlighted above, these steps play a key role in building up a consolidated IP system based on a sustainable knowledge-based economic model. The UAE is actively diversifying and accelerating an economy based on knowledge, innovation, and creativity.
UAE discusses impact of modern technology on intellectual property rights at WIPO Conversation, United Arab Emirates Ministry of Economy, 02 April 2023, https://www.moec.gov.ae/ 
Making a Living in the Creative Industries, WIPO,  https://www.wipo.int/copyright/en/creative_industries/ 

Saudi Arabia Steps Forward in Changing Industrial Designs Law

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Designs Law

Industrial designs consist of three-dimensional features, such as the shape of a product, as well as two-dimensional elements, including patterns, lines, and colors. In a legal context, an industrial design represents the ornamental or aesthetic aspect of an article. They hold a significant role in Intellectual Property due to their creative and innovative qualities, which provide a distinctive appearance to industrial products used in commerce. Therefore, comprehensive protection is imperative for industrial designs, as they are an integral component of IP rights.

As a result, by virtue of Royal Decree No. (M/45) dated 10/03/1445 AH (25 September 2023), Saudi Arabia’s Council of Ministers has approved changes to the Patents, Layout-Designs of Integrated Circuits, Plant Varieties, and Industrial Designs law. The amended Patent and Industrial Design Law came into effect on October 3, 2023.

These remarkable amendments have had a significant impact on the scope of Intellectual Property protection, including:

  • Defining “The Hague Agreement” and the “World Intellectual Property Organization (WIPO).”
  • Extending Design Protection to 15 years.
  • Modifying fees, requiring annual payments at the beginning of each year, except for international industrial models filed under The Hague Agreement, where fees will be paid every five years.
  • Adding the applicability of The Hague Agreement to international applications registering industrial designs.

Furthermore, Saudi Arabia has been selected to host the Diplomatic Conference related to the Design Law Treaty, which aims to unify the registration procedures for industrial designs.

During a WIPO meeting in Geneva, the CEO of the Saudi Authority for Intellectual Property (SAIP) called for the inclusion of Arabic as one of the languages used by The Hague and Madrid systems for protecting Intellectual Property Rights. It’s worth noting that the SAIP, along with Saudi National IP Offices, is committed to aligning Saudi Arabia’s Intellectual Property field with international best practices.

The newly amended Patent and Industrial Design law in Saudi Arabia is designed to enhance The Hague System for the International Registration of Industrial Designs, offering a streamlined registration process through a single international application. Saudi Arabia’s dedication to protecting and enforcing Intellectual Property Rights, aligning international standards with national IP rights protection, and fostering innovation and creativity in the country is of paramount importance.

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 WIPO, Frequently Asked Questions: Industrial Designs, https://www.wipo.int/ 

The Rise of Defeating Unfair Competition in the Asia-Pacific region

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The fast-paced development of commerce, industry, and technology in a society is demonstrating the importance of having a safe Intellectual Property ecosystem.

It is undeniable that the market is ruled by a principle that contains Competition Law that is continuously seeking to maintain fair competition by regulating anti-competitive conduct for businesses and companies, with a prohibition of cartels, and a prevention of market distortion.

For “Healthy Competition,” is an economic concept promoting fair and ethical practices between entities, all the while enhancing innovation and creativity among industry players. The combination of fair play, customer-centered enterprises, and a long-term-oriented goal, in the context of healthy competition, rewards both consumers and businesses. The former enjoys a superior customer/consumer experience thanks to a better overall service and/or product, while the latter thrives as a result of customer satisfaction, which translates into an incremental gain in market share.

The Asia-Pacific (APAC) region is witnessing an advancement in prioritizing Intellectual Property protection against unlawful practices and behaviors in China, Singapore, Malaysia, Thailand, Indonesia, Korea, and others.

In fact, Unfair Competition acts create confusion in consumers’ minds beyond any figures of ethics in the mechanism of an economic cycle orientation and choices, in order to be misled about the origin of a product or a service in a given economic system, while Healthy Competition enables consumers to freely choose between a variety of choices that meet their needs.

It is important to determine the manifestations of Unfair and Unhealthy Competition that can be cited as Market Manipulation, Intellectual Property Theft, Environmental Exploitation, Trademark Infringement, Counterfeiting, the theft of trade secrets, Price Dumping that can lead to monopolistic situations, Unfair Advertising, knowing that all of these acts of confusion have the same target to influence users’ choice.

In the Dynamic Region of Asia-Pacific (APAC), which contains different countries and different legal systems, a lot of Unfair Competition practices may occur, with, in parallel, the fast and eminent advancement of commerce and technology, that should be faced and limited by governmental, regional, and international legal tools and measures.

In other words, the economic growth in this region can give rise to multiple legal and practical issues that affect Fair Competition.

The real-world state

Current efforts to oversee and control anti-competitive actions that transcend borders have evident restrictions, which an accord could surmount, and the World Trade Organization (WTO) could serve as the ideal organizational platform for this purpose. In terms of practical implications, the prevailing situation in the Asia-Pacific region has damaged the confidence between corporations and consumers, jeopardizing economic advancement, trustworthiness, and inventive progress within society.

Market Intelligence

Recognizing that the Asia-Pacific region comprises a variety of nations, each with its distinct legal framework, it is expected that variations in legal procedures will arise.

In the age of globalization, every country has the authority to safeguard its unique innovations, patents, and corporate identities from any negative impact within the marketplace of ideas and across various sectors like technology, product sales, and financial transactions. This includes ensuring that national regulations align with internationally accepted standards.

The influence of contemporary technologies

When it comes to emerging technologies and associated marketing strategies, the conversation surrounding keyword advertising within trademark and unfair competition law indicates the potential need for increased transparency measures to uphold fairness and the proper functioning of the marketplace.

For instance, a situation of trademark infringement or unfair competition may arise when an advertising message, as outlined in WIPO/Strad/INF/8 Prov. page 179, lacks clarity regarding the origin of the promoted products or services. This lack of clarity is to such an extent that online users cannot discern whether the advertiser is a third party, even if it does not imply an economic connection.

Strategic Initiatives and Remedies to be undertaken

Unfair practices need regional cooperation and commitment between the different countries in order to put a limit on all committed violations through unfair competition. Furthermore, cooperation between the nations is a necessity for the establishment of an immune economic system through strengthening and reinforcing each country’s own legal system, to stop repetitive acts and cycles of unfair competition.

Prominent digital platforms possess both the capacity and the motivation to engage in activities detrimental to fair competition. China has recently introduced the Draft Amendments to its Anti-Unfair Competition Law (“AUCL”).

The AUCL in China is designed to oversee and address unfair practices carried out by business operators, which disrupt market competition and harm the legitimate rights of other businesses and consumers. 

These amendments encompass several key aspects:

  • Enhancing equitable competition within the digital economy.
  • Prohibiting deceptive trade practices.
  • Expanding the accountability to those who assist in acts of confusion.
  • Strengthening the prohibition against false advertising.
  • Encouraging the development of a comprehensive trade secret protection framework.
  • Preventing businesses with a “comparatively advantageous position” from exploiting their market dominance.
  • Revising the scope of commercial bribery.
  • Adjusting and, in some instances, increasing the legal consequences for violators.

These amendments introduce new or updated measures that specifically target deceitful transactions and unfair competition in the digital realm. They also address potential impacts on technological innovation, industry growth, and network ecosystems.

Chinese regulators are demonstrating a strong commitment to curbing the proliferation of new forms of unfair competition in the digital economy. These unfair competition practices, which have emerged with the rapid growth of the digital economy, often exploit data, algorithms, technologies, and platform rules. To address these challenges, the Draft Amendments to the Anti-Unfair Competition Law (AUCL) propose the regulation of various unfair competition activities, including malicious trading (as outlined in Article 14 of the Draft AUCL Amendments).

In a related context, Singapore enforces its competition law primarily through the Competition Act 2004. This legislation is designed to safeguard consumers and businesses in Singapore from anticompetitive practices. It covers three key areas of anticompetitive conduct:

  • Anticompetitive agreements, decisions, and practices (section 34 prohibition).
  • Abuses of a dominant position (section 47 prohibition).
  • Mergers and acquisitions that substantially reduce competition (section 54 prohibition).

Competition Authority: Competition and Consumer Commission of Singapore

The CCCS (Competition and Consumer Commission of Singapore) has the authority to take specific actions to address violations of the Competition Act:

  1. The CCCS can issue directions to put an end to any infringements of the Competition Act.
  2. It also has the power to impose financial penalties on businesses found to be in violation of the Competition Act.

The amount of the penalty imposed can be as high as 10 percent of the business’s annual turnover in Singapore for each year of the violation, with a maximum duration of three years. When determining these penalties, the CCCS considers various factors, including the nature, duration, and severity of the infringement, the business’s turnover in Singapore for the relevant product and geographic markets impacted by the infringement, market conditions, any aggravating factors like prior anticompetitive practices, and the behavior of the violating party. Additionally, mitigating factors, such as the existence of a compliance program and cooperation with the CCCS, are also taken into account.

In emerging areas like the digital sector, from a legal standpoint, countries in Asia, including China, have been addressing various issues:

  1. Consumers often experience continuous commercial interference with their choices.
  2. Enhanced or revised penalties have been introduced to deter specific anti-competitive behaviors.

To combat unfair competition practices, various methods are being employed. This includes the development of legal tools to protect intellectual property against trademark infringement, counterfeiting, trade secret theft, and other anti-competitive actions.

Protecting Competition Law and Digital Markets

To address these issues, several strategic initiatives and remedies should be pursued, including legislative advancements. Achieving this requires:

  1. Regional Cooperation: Collaboration and commitment among different countries are essential to set limits and address unfair competition violations collectively.
  2. Strengthening Legal Systems: Nations should work on enhancing and reinforcing their legal systems to break the cycle of repetitive unfair competition practices. 

This cooperative approach is vital for establishing a resilient economic system that can effectively combat unfair competition through strengthened legal frameworks.

Litigation

The objective is to promptly restore a competitive order by handling each case effectively, considering the specific details.

On another note, the World Intellectual Property Organization (WIPO) has established the Division for Asia and the Pacific, focusing on providing legal and technical assistance to 38 countries in the region, with a significant emphasis on developing and least-developed nations. This support aims to be tangible, impactful, and inclusive, involving various stakeholders, such as IP offices, government agencies, and private sector entities, in tailored programs related to intellectual property (IP). These programs aim to build experience and confidence in using IP tools, including trademarks, patents, designs, and geographical indications, to foster innovation and creativity. The implementation of national IP strategies plays a crucial role in empowering consumers and ensuring societal functionality. Educating consumers to make informed choices is essential, as acts of unfair competition can have environmental and social consequences.

WIPO, Division for Asia and the Pacific, https://www.wipo.int/

While addressing these issues, it’s important to recognize that existing initiatives to regulate cross-border anti-competitive behavior may have limitations that could be overcome through an agreement. 

The World Trade Organization (WTO) is seen as a potential optimal institutional platform for this purpose. In the past year, significant developments have occurred in the field of intellectual property (IP) systems in APAC jurisdictions, including the introduction of the patent linkage system in China and the enactment of the Hong Kong Copyright (Amendment) Ordinance 2022.

Further advancements in IP and increased attention to IP compliance issues in emerging areas are anticipated in the coming year. However, it’s crucial to acknowledge that unfair competition poses a threat to national, regional, and international markets, impacting social progress, trust, transaction security, and economic growth. It hinders the normal development of society and the economic progress of improving financial and commercial systems.

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In conclusion, controlling competition and enhancing consumer protection are crucial objectives. To achieve this, we need to implement strengthened measures to increase consumer protection and recognize the “interplay” between general standards of protection against unfair competition and specific laws that protect intellectual property rights.  These two areas often depend on each other. On this note, the focus on efforts to combat unfair competition in the Asia-Pacific region is necessary. 

Ultimately, establishing a healthy and competitive business environment is essential too, whereby this environment fosters fairness, ethical practices, and integrity, leading to a dynamic and vibrant economy.

Martin Senftleben, Status Report on the Protection Against Unfair Competition in WIPO Member States, p. 179, https://www.wipo.int/



Sri Lanka and Madrid Ratification: On the Way to International Branding Protection

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Ratification

During the process of establishing a consolidated Intellectual Property (IP) Policy, Sri Lanka has managed to improve its own Intellectual Property ecosystem, working on many advancements in this matter. The objective is to improve the enforcement of existing IP rights, along with promoting innovation and economic growth.

Considered as an emerging country that detains a growing role in technology and economic markets on a regional and international level, the Sri Lankan government endeavors to promote Sri Lanka as a commercial hub in Asia. 

In this context, trademarks can play a deciding role, knowing that Sri Lanka is interested in the promotion of a trademark environment for both the internal and external market.

Sri Lanka has committed to join the Madrid Protocol, aiming to develop and enhance the profit of International Business and Exportation activities. Hence, this implicates protecting the branding of each element of the commercial activity through registering trademarks to benefit from protection against any violation of the trademark.

To increase financial gain through export activities and international trading, exporters will have to register their trademarks on a national as well as international scale. Nevertheless, registering in different countries separately can be costly and time-consuming. Therefore, the Sri Lankan government decided to accede to the Madrid Protocol.

Accession to the Madrid System depends on the government’s roadmap, the legal landscape, and the ascending needs of the market. On February 23, 2020, the Sri Lankan government decided to accede to the Madrid Protocol, with NIPO putting its last notes for the final ratification.

The Sri Lankan government passed its Intellectual Property Rights Act in 2003, the Act encompasses protection for Copyright, Patent and trademark.

The National Intellectual Property Office of Sri Lanka established under the Intellectual Property Act No. 36 of 2003.

The Madrid Protocol, or the Madrid System, is an international convention in the field of branding, especially for the international registration of marks. It is considered the only global registration system for trademarks. Trademarks being internationally registered obtain protection internationally; the trademark holders are allowed to register a trademark in several countries simultaneously with only one application, one language, and denominated in one currency.

By registering a trademark according to the Madrid Protocol, the holder of the registration obtains international protection and related exclusive rights over the use of that trademark in connection with the goods or services for which it is registered in the designated territory or region.

The Madrid Protocol, or as it is described, the International Trademark Registration Treaty, confers several benefits: it protects a mark in a large number of countries by obtaining an international registration that affects each of the contracting parties. The Madrid System is a one-stop and cost-effective way to protect trademarks in multiple markets and about 130 jurisdictions.

By protecting commercial interests abroad, the system leads to a successful global business strategy, offering simultaneous protection in the territories of its members with advantages in time and costs through:

  • Filing one international application instead of multiple national applications
  • Filing in one language
  • Paying one set of fees in one currency
  • Obtaining an international registration covering multiple territories

In the process of filing an international trademark application through WIPO’s Madrid System, a mark may be the subject of an international application only if it has already been registered with the trademark office of the Contracting Party with which the applicant has the necessary connections.

However, many IP challenges can take place in the era of globalization of markets.

The overall IP ecosystem in Sri Lanka has improved in recent years in developing IP rights protection, but the lack of an effective strategic policy, and coordination among entities involved in the implementation and execution of laws, has led to counterfeit products being freely available in Sri Lanka.

Accession to the Madrid System should be a part of a coherent export/trade strategy. It should not be done in isolation; it shouldn’t only focus on institutional and operational capacity but needs an appropriate renewal of legislation.

Having said that, the enforcement climate should be prioritized in Sri Lanka by spreading IP awareness to give the lead to the Madrid Protocol, to provide effective legal protection of registered marks, and to give access to national brands to be elevated to the international brands level in a fair competition environment and extensive market with foreign marks. Nevertheless, necessary laws have to be enabled to support the effective implementation of the Madrid Protocol, which aims to the promotion of trade and the attraction of more investments in Sri Lanka.

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The Intellectual Property Management Clinic: between Protection of Intellectual Property (IP) and Rise of Artificial Intelligence (AI) in the Arab World

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Artificial Intelligence (AI)

Artificial Intelligence (AI) has emerged as a vital and rapidly growing discipline, utilizing various aspects of the human mind.

The rapidly evolving Artificial Intelligence (AI) directly affects Intellectual Property (IP), through its pursuit of innovation, technology, and research. This matter requires the necessity of ensuring effective IP rights protection for AI Creations and ensuring a balance between the Protection of IP rights and the fast Progress of an Emerging AI.

Recently, the Arab world has witnessed a rise and an upward movement in the development of Artificial Intelligence (AI) leading to scientific, economic, and financial improvements in the region. However, these advancements generate challenges that impact IP rights protection.

Therefore, On September 26, 2023, the Intellectual Property Management Clinic (IPMC), as part of the World Intellectual Property Organization (WIPO), launched a program aimed at supporting SMEs from the Arab Region, from 10 selected Arab Countries (Bahrain, Egypt, Jordan, Kuwait, Morocco, Oman, Saudi Arabia, Sudan, Tunisia, UAE) in the area of AI in order to hold up their creations and developments.

Supporting SMEs’ AI innovations from selected Arab countries is essential because the value of assets SMEs possess in the form of revolutionary technologies, designs and brands keeps growing, placing these enterprises at the crossroads of innovation and IP. IP is the key to the protection and monetization of AI projects.

Intellectual Property (IP) Management Clinic (IPMC) supporting SMEs from the Arab region in the area of Artificial Intelligence (AI), is organized in cooperation with the actors from the Arab region: The League of Arab States (LAS), the Gulf Cooperation Council Patent Office (GCCPO), the Gulf Cooperation Council IP Training Center (GCCIPTC), the IP Offices of the participating Arab countries. 

The Clinic’s aim is to provide an opportunity for 22 selected enterprises developing products and/or services that make use of AI machine learning across various sectors to meet the program supporting partners and the team of 5 local and international IP and business experts and training them on how to use their IP as a competitive advantage and grow further. 

Knowing that the IP Management Clinic for SMEs program is a program that aims to help enterprises better utilize IP as part of their business strategies, it supports innovative companies in formulating their IP strategies based on their business plan and intangible assets portfolio.

However, AI innovations have raised complex questions about IP protection, IP ownership, and IP strategies. The Intellectual Property Management Clinic for SMEs Program (IPMC) is trying to deal with Recognizing AI’s transformative potential and SMEs’ challenges in navigating the complex IP landscape, by maintaining a balance between fostering AI innovation and safeguarding IP rights.

Hence, Saudi Arabia’s recent Unveiling of a New Law on Intellectual Property brought up new regulations on Artificial Intelligence within the Protection of IP rights.

Aiming toward a common AI strategy for the Arab States, with continued support and strategic initiatives, the Arab region will play an eminent role in the international AI landscape.

  •  Information Technology, Cybersecurity, Education, Agriculture, Healthcare, Food Beverages, Energy, Logistic and Transportation, Telecommunication, Aviation, Retail and E-commerce and Architecture.
  •  Information Technology, Cybersecurity, Education, Agriculture, Healthcare, Food Beverages, Energy, Logistic and Transportation, Telecommunication, Aviation, Retail and E-commerce and Architecture.
  • Intellectual Property (IP) Management Clinic (IPMC) supporting SMEs from the Arab region in the area of Artificial Intelligence (AI), WIPO, September 26, 2023,  https://www.wipo.int/
  • The program focuses on the IP-related aspects of the companies’ product or technology across its business cycle, both from the perspective of an IP rights holder and of a user of third parties’ IPRs. The selected companies receive support to better manage and use their IP through personalized, one-on-one mentorship, expert advice and training. https://www.wipo.int/

Saudi Arabia and WIPO: A Collaboration towards Building a Culture of Intellectual Property in the Arab Region

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Collaboration 

From 1 to 3 October 2023, during the visit of WIPO’s Director-General Daren Tang to Saudi Arabia, the World Intellectual Property Organization (WIPO) signed an agreement with the CEO of the Saudi Authority for Intellectual Property (SAIP) and Umm Al-Qura University to establish WIPO’s First Joint Master’s Program in the Arab region.

The Saudi Authority for Intellectual Property (SAIP) is playing a crucial role in the realization of “Saudi Vision 2030”: it has prepared the National Intellectual Property Strategy, and recently issued a draft related to intellectual property (IP) legislation (the “Draft IP Legislation”), in order to adopt a New IP Law.

Therefore, this Agreement, being the first in the Arab region to be signed between WIPO and Saudi Arabia about the establishment of a Joint IP Master’s Program in Saudi Arabia, will be a stepping stone to strengthen the Innovation ecosystem in Saudi Arabia.  

The visit emphasized the importance of incorporating IP education programs in the curriculum studies and its implementation in the Saudi national economy.

Beyond academia, this Joint Master’s Program offers substantial economic advantages for Saudi Arabia and the Arab Region

WIPO’s Director General Daren Tang signed an agreement with the Saudi Authority for Intellectual Property (SAIP) on alternative dispute resolution in the IP domain and he looked closely at SAIP’s work operating the materialization of “Saudi Vision 2030” through achieving the National Intellectual Property Strategy in all its aspects.

Simultaneously, a trilateral agreement was signed between WIPO, SAIP, and NEOM in order to bolster collaboration in IP. NEOM, a new city in Saudi Arabia designed for innovation and progress, adds a dynamic dimension to this partnership.

Moreover, the Gulf Cooperation Council countries are having a fruitful impact on WIPO’s Global Innovation Index, in the economic scope of IP and Innovation. 

By signing this Agreement with WIPO, Saudi Arabia will step forward into a Strategy of Educational Development, led by the Intellectual Diversity of students, scholars, professors, and experts from different backgrounds, moving toward a knowledge-based economy. Consequently, the establishment of WIPO’s First Joint IP Master’s Program in the Arab region in Saudi Arabia is concretizing “Saudi Vision 2030” by putting Saudi Arabia as a global pioneer in Education and IP protection. This agreement will promote IP awareness, knowledge exchange, and the creation of a thriving Intellectual Property ecosystem in the Arab region

Further advancements in IP and increased attention to IP compliance issues in emerging areas are anticipated in the coming year. However, it’s crucial to acknowledge that unfair competition poses a threat to national, regional, and international markets, impacting social progress, trust, transaction security, and economic growth. It hinders the normal development of society and the economic progress of improving financial and commercial systems.

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In conclusion, controlling competition and enhancing consumer protection are crucial objectives. To achieve this, we need to implement strengthened measures to increase consumer protection and recognize the “interplay” between general standards of protection against unfair competition and specific laws that protect intellectual property rights.  These two areas often depend on each other. On this note, the focus on efforts to combat unfair competition in the Asia-Pacific region is necessary. 

Ultimately, establishing a healthy and competitive business environment is essential too, whereby this environment fosters fairness, ethical practices, and integrity, leading to a dynamic and vibrant economy.

Martin Senftleben, Status Report on the Protection Against Unfair Competition in WIPO Member States, p. 179, https://www.wipo.int/

The Saudi Authority for Intellectual Property aims to regulate, support, develop, sponsor, protect, enforce and upgrade the fields of Intellectual Property in Saudi Arabia in accordance with international best practices, and it is organizationally linked to the Prime Minister.
NEOM is a new urban area planned by the Kingdom of Saudi Arabia to be built in its northwestern region and that will have a wide economic impact across multiple sectors.




Qatar’s adoption of the GCC Trademarks Law Implementing Regulations                                    

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Intellectual property (IP)

Intellectual property (IP) represents a vital aspect of modern business. Therefore, Qatar has established a robust legal framework to protect various forms of intellectual property.

The Ministerial Decision No. 56 of 2023 has been issued by the Qatari Ministry of Commerce and Industry adopting the GCC Trademarks Law (Gulf Cooperation Council) and its implementing regulations. 

GCC Trademarks Law and its implementing regulations entered into force in Qatar on August 10, 2023, and hereafter “Qatar has become the fifth Gulf Cooperation Council (GCC) country to implement the GCC Trade Marks Law (the TM law) marking a further significant development for trade mark practice and cooperation in the region.”

Qatar is now the fifth GCC country to adopt this Law. Kuwait, Oman, Saudi Arabia and Bahrain have already adopted it, except the UAE that has not implemented it yet.

The Implementing Regulations of the Trademarks Law of the Gulf Cooperation Council Countries adopted by Qatar replaced the articles related to Trademarks as per the Law No. 9 of 2002, the Qatari National Law, and operated direct and significant changes in Trademarks Law.

Published on 9 July 2023 in the Qatar Official Gazette, the Ministerial Decision should have come into force on the second day of publication: 10 July 2023. Nevertheless, the Intellectual Property Rights Protection Department at the Ministry of Commerce and Industry issued circular number 2/2023 on 13 July 2023 stating that the Department will apply the Decision starting from 10 August 2023.

Therefore, the adoption of the Implementing Regulations of the Trademarks Law of the GCC has entered into force in Qatar on August 10, 2023. 

The main changes operated by adopting the GCC Trademarks Law are related to Implementing New Deadlines, Modifying the Official Fees and Bringing out New Practical Aspects:

  • The period for examination should be 90 days from filing.
  • Where an application is accepted with conditions an applicant has 60 days to appeal the decision or 90 days to conform with the condition or the application will be forfeited.
  • Where an application is rejected, an applicant has 60 days from the date of notification to appeal, or the application will be forfeited.
  • Where an acceptance decision is issued an applicant has 30 days from notification to pay the publication fees or the application will be forfeited.
  • The opposition period has been reduced from 4 months to 60 days.
  • Increase in the official fees of some services, and decrease in others.

 Issued on 18 June 2023, published in the Qatar Official Gazette no. 9 of 2023 dated 9 July 2023.
 Sinead Quigley, Qatar: Fifth Gulf Cooperation Council to Implement The GCC Trade Marks Law, 20 July 2023, mondaq, https://www.mondaq.com/ 

In addition to that, the GCC Charter originally states that the basic objectives are to have coordination, integration and inter-connection between Member States in all fields, strengthening ties between them through formulating similar regulations in various fields.However, it is eminent to notice that the Trademark law is not a unifying law like for instance the GCC Patent law, in that brand owners will still need to protect trade marks in each GCC member state of interest that has adopted it, and each state still has a lot of discretion regarding its interpretation and the practical implications. However, it seeks to bring about further practice harmonization in registration and enforcement practices across the region.

On the other hand, official fees being increased may not be suitable for many brand owners knowing that the region is already expensive. Nevertheless, reducing the lengthy time periods of the examination, publication, opposition, … will be very advantageous for the enforcement and the effectivity of the procedure.

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As a result, Qatar’s implementation of the GCC Trademark Law increases significantly Qatar’s international profile and active role in trademark protection, through harmonizing trademark regulations and level of protection in all member states. Qatar’s commitment to protecting intellectual property rights underscores its dedication to fostering innovation and encouraging a knowledge-based economy in the region. 
Sinead Quigley, Qatar: Fifth Gulf Cooperation Council to Implement The GCC Trade Marks Law, 20 July 2023, mondaq, https://www.mondaq.com/