Introductory Remarks by Rochelle Dreyfuss

2020 ◽  
Vol 114 ◽  
pp. 311-312
Author(s):  
Rochelle Dreyfuss
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Intellectual Property Rights ◽  
Technological Progress ◽  
Property Law ◽  
Major Focus ◽  
Widespread Distribution ◽  
Transnational Law ◽  
American Society ◽  
The One

I would like to thank the American Society of International Law for asking me to convene the Fifth Annual Detlev F. Vagts Roundtable on Transnational Law. When I was chosen back in 2019, I was very pleased to learn that the Society and the Vagts family were interested in hearing about international intellectual property law. As it has turned out, that choice was prescient. Given the current pressure to find and rapidly distribute treatments and vaccines to combat the COVID-19 pandemic, intellectual property rights have become a major focus of international concern. On the one hand, these rights encourage innovation. However exclusivity can also raise costs and pose obstacles to widespread distribution of the fruits of technological progress.

Remarks by Ana Santos Rutschman

2020 ◽  
Vol 114 ◽  
pp. 312-314
Author(s):  
Ana Santos Rutschman
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Determinants Of Health ◽  
Transnational Law ◽  
American Society

Good afternoon—and in some cases, good evening. I am very grateful to the American Society of International Law, the Vagts family, our convener, Professor Rochelle Dreyfuss, and the panelists on this roundtable for the opportunity to reflect on the interplay between our international and global intellectual property (IP) regime and the determinants of health, which I discuss in a piece scheduled to be published by the Vanderbilt Journal of Transnational Law in early 2021.

PERLINDUNGAN HUKUM TERHADAP KARYA SENI BATIK YANG BELUM TERDAFTAR MENURUT UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA

2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Inggrit Fernandes
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Cultural Heritage ◽  
Intellectual Property Rights ◽  
Rapid Growth ◽  
Economic Value ◽  
Legal Protection ◽  
Property Law ◽  
Market Demand ◽  
Work Of Art

Batik artwork is one of the treasures of the nation's cultural heritage. Batik artwork is currently experiencing rapid growth. The amount of interest and market demand for this art resulted batik artwork became one of the commodities in the country and abroad. Thus, if the batik artwork is not protected then the future can be assured of a new conflict arises in the realm of intellectual property law. Act No. 28 of 2014 on Copyright has accommodated artwork batik as one of the creations that are protected by law. So that this work of art than as a cultural heritage also have economic value for its creator. Then how the legal protection of the batik artwork yaang not registered? Does this also can be protected? While in the registration of intellectual property rights is a necessity so that it has the force of law to the work produced

PERAN HAK CIPTA DALAM PEMBANGUNAN DAN KESEJAHTERAAN MASYARAKAT

2020 ◽  
Vol 2 (3) ◽  
pp. 37
Author(s):  
Andi Baso Ilmar M
Keyword(s):  
Intellectual Property ◽  
Intellectual Property Rights ◽  
Public Awareness ◽  
Rapid Development ◽  
Economic Value ◽  
Property Law ◽  
Community Activities ◽  
The Government ◽  
Legal Infrastructure

AbstrakIndonesia sebagai salah satu negara yang mengatur ketentuan Hak Kekayaan Intelektual khususnya Hak Cipta diatur dalam Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta. Seiring dengan pesatnya perkembangan kreatifitas masyarakat dalam lingkup Hak Cipta yang memiliki nilai ekonomis dan dapat berpengaruh pada pertumbuhan ekonomi dalam masyarakat, kemudian bagaimana Hukum Kekayaan Intelektual khususnya dibidang Hak Cipta dapat meningkatkan kesadaran masyarakat sehingga dibutuhkan juga kesiapan infrastruktur hukum berupa regulasi untuk membantu perkembangan Hak Cipta di Indonesia sebagai payung hukum dari kegiatan masyarakat, serta bagaimana penagakannya. Penulisan ini bertujuan untuk mengetahui bagaimana peran kekayaan intelektual khususnya Hak Cipta dalam pembangunan demi menunjang kesejahteraan masyarakat. Seperti hasil kreatifitas masyarakat dibidang Hak Cipta yang dapat memiliki nilai ekonomis memiliki jaminan dan kepastian hukum dari pemerintah berdasarkan Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta.Kata Kunci: Hak Cipta, Pembangunan, Jaminan, Kepastian, Kesejahteraan. AbstractIndonesia as one of the countries that regulates the provisions of Intellectual Property Rights specifically Copyright is regulated in Law Number 28 of 2014 concerning Copyright. Along with the rapid development of community creativity in the scope of Copyright which has economic value and can affect economic growth in society, then how can Intellectual Property Law, especially in the field of Copyright, increase public awareness so that legal infrastructure readiness is also needed in the form of regulations to assist the development of Copyright in Unikom Center Indonesia as the legal umbrella for community activities, as well as how to enforce them. This writing aims to see how the role of intellectual property, especially copyright in development for the welfare of society. Such as the result of community creativity in the field of Copyright which can have economic value has legal guarantees and certainty from the government based on Law Number 28 of 2014 concerning Copyright.Keywords: Copyright, Development, Guarantee, Certainty, Prosperity.

Beyond Unbridled Optimism and Fear: Indigenous Peoples, Intellectual Property, Human Rights and the Globalisation of Traditional Knowledge and Expressions of Folklore: Part I

2013 ◽  
Vol 15 (3) ◽  
pp. 319-339 ◽  
Author(s):  
Caroline Joan S. Picart ◽  
Caroline Joan S. Picart ◽  
Marlowe Fox
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Property Rights ◽  
Traditional Knowledge ◽  
Intellectual Property Rights ◽  
Indigenous Peoples ◽  
Property Law ◽  
Cultural Expression ◽  
Intellectual Property Law ◽  
Traditional Cultural Expressions

Abstract This article is the first part of a two-part piece, which considers the intellectual property rights of indigenous peoples. After establishing pragmatic working definitions of who “indigenous peoples” are and what folklore (or “traditional cultural expression”) is, as compared with, but dialectically related to, “traditional knowledge,” this article does the following: 1) explains why western assumptions built into intellectual property law make this area of law a problematic tool for protecting traditional knowledge (TK) and expressions of folklore (EoF) or traditional cultural expressions (TCE) of indigenous peoples; and 2) creates a general sketch of human rights related legal instruments that could be and have been harnessed, with varying degrees of success, in the protection of the intellectual property of indigenous peoples.

scholarly journals Intellectual property law in the field of sports: specifics of manifestations and features of legal regulation

2021 ◽  
Vol 39 (69) ◽  
pp. 530-546
Author(s):  
Evgen Kharytonov ◽  
Olena Kharytonova ◽  
Maxym Tkalych ◽  
Inna Bolokan ◽  
Hanna Samilo ◽  
...  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Public Relations ◽  
Intellectual Property Rights ◽  
Legal Regulation ◽  
Property Law ◽  
Sports Law ◽  
Intellectual Property Law ◽  
Legal Method ◽  
Wide Range

The article aims to explore the relationships that arise with respect to intellectual property rights in sports. The objectives of the article are to establish points of contact between intellectual property law and sports, as well as a detailed analysis of relevant public relations in terms of intellectual property law and sports law. To achieve the objectives of the article, the authors used a number of scientific methods, among which the main methods are analysis, synthesis and comparative-legal method. The authors of the study concluded that modern sport is developing in close intertwining with intellectual property rights, because only in this way can a sports spectacle be conveyed to a wide range of spectators and consumers in a broad sense. In addition, the range of points of contact between intellectual property and sports law is constantly growing and such can now be called not only patents and trademarks in sports, but also copyright, "image" rights, know-how in sports and the like.

scholarly journals Artificial Intelligence and Intellectual Property Law

2018 ◽  
Vol 7 (1) ◽  
pp. 83-98
Author(s):  
Swapnil Tripathi ◽  
Chandni Ghatak
Keyword(s):  
Artificial Intelligence ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Criminal Liability ◽  
Property Law ◽  
Human Intervention ◽  
Intellectual Property Law ◽  
Insight Into ◽  
Artificial Intelligence Systems

Artificial intelligence systems have been gaining widespread momentum in today’s progressing tech-savvy world. With sophisticated technologies being incorporated in the same, it is only a matter of time these systems start to produce marvelous inventions without human intervention of any kind. This brings forth pertinent questions concerning Intellectual Property Rights, (IPR) for, it challenges not only traditional notions of concepts such as patents and copyrights, but also leads to the emergence of questions related to the regulation of such creations amidst others. This paper seeks to provide insight into the expanding scope of IPR laws and artificial intelligence, along with the inevitable challenges it brings from a worldwide lens on the matter. It also attempts to provide suggestions transcending IPR, and seeks to address questions concerning criminal liability for the content created by such technologies.

scholarly journals Criminal Enforcement and International Intellectual Property Law

2014 ◽  
pp. 134-153
Author(s):  
Siddharth Partap Singh
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Trade Agreement ◽  
Trips Agreement ◽  
Property Law ◽  
Intellectual Property Law ◽  
Global Consensus ◽  
Standard Set

There is a global consensus that domain of Intellectual Property should be subjected to criminal enforcement in order to secure the rights of owners of such Intellectual Property Rights. The TRIPS Agreement was, to some extent, successful in crystallizing the consensus as regards the criminal measures to be taken by States in the event of the infringement of Intellectual Property Rights through article 61. However, the standard set by the provision by minimal, to say the least. The advent of Anti-Counterfeiting Trade Agreement has broader obligations, while also addressing some unsettled issues that have surfaced in disputes such as the China-IPRs case.

scholarly journals BENEFITS AND LIMITATIONS OF INTERNATIONAL ARBITRATION IN INTELLECTUAL PROPERTY LAW DISPUTES

2019 ◽  
Vol 1 (40) ◽  
Author(s):  
Njegoslav Jović
Keyword(s):  
Intellectual Property ◽  
Intellectual Property Rights ◽  
State Courts ◽  
Property Law ◽  
International Arbitration ◽  
Intellectual Property Law ◽  
Judicial Practice ◽  
Primary Activity ◽  
Court Proceedings ◽  
The Right

In this paper, the author analyzes the benefits and limitationsof international arbitration in disputes that are subject to intellectual propertyrights. Intellectual property law disputes have special characteristics. In theevent of a dispute with an international element, there is a problem with thejurisdiction of state courts due to the principle of the territoriality of intellectualproperty rights. The titular of the right must initiate court proceedings in allcountries individually, leading to delays in procedures, multiplication of costsand uneven judicial practice. For these reasons, the author analyzes alternativedispute resolution through arbitration to determine whether this method ofdispute resolution is more acceptable to foreign courts.The author particularly pays attention to the WIPO Center for Arbitrationand Mediation as a permanent arbitration institution whose primary activity isthe resolution of disputes in the field of intellectual property rights.

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