Asia-Pacific Intellectual Property Management and Innovation Book Series

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  Regulating Generative AI in Scholarly Works: A Policy Brief for Academic Institutions in the Philippines

  Eduardo Piedad Jr., Shannah Lily C. Tabud, Jacqueline A. Alina-Llabado, Dino A. Danao, Ma. Cecilia A. Gironella, Janina Lim, Arvic S. Francisco, and Tae Kim Yong

  This policy brief aims to provide a comprehensive examination of the regulation of generative artificial intelligence (AI) in academic works, with a primary objective of establishing best practices and strategies for academic institutions, government entities, and civil society in emerging economies, notably the Philippines. It entails a review of the existing regulatory frameworks in various governments and academic institutions while also addressing challenges faced in regulating generative AI, particularly focusing on the intellectual property aspects related to the use of generative AI tools, such as ChatGPT, in academic research content or scholarly works output from such use of tools. The scope encompasses regulations in both developed nations such as Europe, the U.S., and China and developing countries, including Association of Southeast Asian Nations (ASEAN) members, with a specific emphasis on the Philippine context. In conclusion, this study underscores the transformative potential of generative AI in education, leading to varied regulatory approaches in academic institutions. While some universities have established provisional guidelines for responsible AI use, national governments are still crafting comprehensive policies to navigate the disruptive technology landscape. As a result of this study, we have developed proposals for each stakeholder, providing guidelines and recommendations for academic institutions, government entities, and civil society to create robust regulatory frameworks that foster responsible and innovative AI utilization in academia, address intellectual property concerns, especially on generative AI assistance, and provide clarity on AI technology deployment within educational settings.

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  Perceptions of Young Members of the Aeta Community About Their Intellectual Property Rights for Their Traditional Knowledge Systems: Uniquely Magbukun

  Juan Kristopier D. Angeles and Xyra M. Angeles

  Traditional knowledge systems are innovative and practically address the needs of Indigenous peoples. In the past decades, efforts from various stakeholders have been made to acknowledge Indigenous peoples in policy debates on intellectual property (IP) dialogues. Sharing of ideas and community experiences was practiced among indigenous communities, such as the Aeta community of the Magbukun tribe in Bataan. The said Aeta community has long opened its door to researchers and nonlocals. However, due to the educational assimilation among the young participants, they formed this call for mimicry and recognition of their tradition that made them believe that both public and private institutions give “enough” and “proper” IP rights for their tribe, but these knowledge systems are openly accessed like exploited resources. This cultural exploitation includes various forms of cultural appropriation, which is one of the consequences of coloniality. In 2012, Antony Taubman, director of the Intellectual Property Division of the World Trade Organization, posited that there have been three major assumptions about the IP protection of Indigenous peoples:

  (1) IP focuses on privacy rights and commercial firms; (2) IP is time-bound, inconsiderate about the intergenerational context of traditional knowledge systems; and (3) IP is a form of commodification, making indigenous culture a commodity that can be traded globally. Using the phenomenological research method, the researchers explored how the young members of the Magbukun community perceive their IP rights to their traditional knowledge systems. The researchers utilized thematic analysis to make sense of the transcribed interviews. The findings revealed that young members of the Magbukun tribe are still aware of the grassroots traditions (pangangagon, pagluluto sa buho, etc.). Also, they have the perception that they are properly recognized as the original proponents of their tradition despite no standard IP recognition from various institutions.

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  Educators’ Perspectives on University Technology Transfer Processes in the Philippines: A Case Study

  Leni Garcia, Kenbert Alan Ting, and Mark Van Hoorebeek

  As universities extend the scope of their tasks as educational institutions to include technology transfer and commercialization of their faculty’s and students’ research outputs, it becomes necessary to investigate internal systems that facilitate such processes. Existing literature on technology transfer in the Philippines is mostly focused on the transfer of a specific technology, industry–academe research and development (R&D) collaboration, the experience in a specific industry, or the experience in public Philippine higher education institutions (HEIs). The perspectives of educators and researchers who are the recipients of technology transfer services within Philippine HEIs have, so far, not yet been investigated. This paper aims to fill that gap by interviewing eight educators from four colleges in a Philippine HEI. The findings primarily reveal the importance of internal communications in the university technology transfer process. They also reveal that, aside from entrepreneurship training, educators need to understand the intellectual property rights system to see the potential benefits of intellectual property protection and be able to relate intellectual property rights to their research work. This paper therefore recommends that, to promote intellectual property awareness and academic entrepreneurship in the country, HEIs need to allocate resources for intellectual property education and entrepreneurship training to encourage active participation of researchers in Philippine HEIs in the formal technology transfer process.

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  Pirates of the Academe: A Critical Criminological Analysis of Intellectual Property Laws Criminalizing Filipino College Students Using Pirated Papers from Sci-Hub

  Jasper Franz T. Mapa

  This study addresses the unrecognized impact of shadow libraries and piracy websites on copyright and intellectual property laws within academic institutions. Focusing on students from the Philippines who faced criminalization for using Sci-Hub, the study aims to provide valuable insights and bridge gaps in the existing literature from critical criminological perspectives. By exploring the criminalization resulting from intellectual property laws, student motivations for accessing Sci-Hub, and the social characteristics that influenced their usage, the researcher sought to gain a comprehensive understanding of the phenomenon. Using snowball sampling, four participants were recruited for this study. The findings revealed four main themes: a) social characteristics and initial use, b) repetitive use of Sci-Hub, c) core motivations in using Sci-Hub, and d) ethical dilemma of criminalized students. The study demonstrated that shadow libraries like Sci-Hub and their users are penalized under intellectual property laws, specifically R.A. No. 8293 Sec 177. The motivations driving students to access Sci-Hub are rooted in the necessity of fulfilling research requirements and the lack of online research accessibility. Given the financial limitations faced by students in developing countries, Sci-Hub becomes a compelling resource. These findings contribute to a deeper understanding of students’ motivations for using Sci- Hub, the implications of intellectual property and copyright laws in the Philippines, and the broader field of critical criminology.

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  Intellectual Property and Business Sustainability: A Review Article on How Philippine Intellectual Property Laws Affect the Macro-Sustainability of Businesses and the National Economy

  John Evan C. Miguel

  This review article explains how the Intellectual Property Law (patents and copyrights) affects the sustainability of business and economy at the macro level. As a property right, patents and copyrights seek to protect intellectual creations, promote innovation, and encourage the transfer of technology in enterprises.

  In the advent of globalization, products and services can now be traded between and among countries with decreased trade barriers. Thus, free flow of goods and services between countries also may increase the number of counterfeit goods that can adversely affect the macro-level sustainability of a business and the national economy of a country.

  This review article discusses that intellectual property affects the sustainability of a business enterprise in the following macro-level subsystems: economic, ecological, creative, and technological sustainability. This paper examines and clarifies the relevant provisions of the Intellectual Property Law (patents and copyrights), jurisprudence, and related literature that affects the sustainability of the business enterprise and the national economy.

  Intellectual property (patents and copyrights) provides companies with the competitive advantage needed to compete against their competitors. Patents and copyrights can help industries develop green technologies and reduce the carbon footprint of businesses.

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  Stock Market Reaction on Patent Publications: Evidence from the Most Innovative Companies in the World

  Meegoda Pathiranage Taniya Rashmi Sankalpana and Debeharage Athula Indunil Dayaratne

  This paper examines the influence of patent information on the stock returns of the 13 most innovative companies in the world ranked in the Boston Consulting Group (BCG) Annual Innovation Report. It considered distinct technological fields for adopting the event study methodology on 247 announcements from 2004 to 2022 for United-States-listed companies. The results reveal diverse market reactions, with companies displaying mixed positive and negative abnormal returns following patent publications. Our findings reveal varied cumulative abnormal return (CAR) values among firms, with statistically significant positive CARs observed for these companies in certain years, indicating market outperformance. The study also shows that the most significant positive excess returns occur around the announcement date, potentially implying early access to nonpublic information. A Kruskal–Wallis test underscores the significance of technological field differences in market reactions. This research contributes to understanding the dynamics of market reactions to patent disclosures and underscores the importance of communication strategies in influencing investor perceptions and market outcomes.