Patenting/Licensing of Microbiological Herbicides

Weed Science ◽  
1986 ◽  
Vol 34 (S1) ◽  
pp. 43-49 ◽  
Author(s):  
Roman Saliwanchik
Keyword(s):  
Intellectual Property ◽  
Legal Protection ◽  
Legal Rights ◽  
The Public ◽  
Property Owner ◽  
The World

Legal protection of intellectual property is a requisite to the commercialization of the intellectual property and to the conferring of proper reward to the true owner of the property. Simplistically stated, this situation with regard to intellectual property is no different from the legal protection of a variety of properties, for example, home, land, or automobile. Laws have been established in the various countries of the world that are structured specifically to attain the desired goal of legally protecting property interests. In the intellectual property field, wherein we talk about property such as new inventions, we enter an area of not only protecting the legal rights of the property owner but also insuring the position of the public with respect to the eventual unlimited use of new inventions.

Legal Protection of the Web Page as a Database

2009 ◽  
pp. 2616-2631
Author(s):  
Davide Mula ◽  
Mirko Luca Lobina
Keyword(s):  
Intellectual Property ◽  
Legal Protection ◽  
World Intellectual Property Organization ◽  
Web Pages ◽  
Future Trends ◽  
Web Page ◽  
European Directive ◽  
The World ◽  
The Web

Nowadays the Web page is one of the most common medium used by people, institutions, and companies to promote themselves, to share knowledge, and to get through to every body in every part of the world. In spite of that, the Web page does not entitle one to a specific legal protection and because of this, every investment of time and money that stays off-stage is not protected by an unlawfully used. Seeing that no country in the world has a specific legislation on this issue in this chapter, we develop a theory that wants to give legal protection to Web pages using laws and treatment that are just present. In particular, we have developed a theory that considers Web pages as a database, so extends a database’s legal protection to Web pages. We start to analyze each component of a database and to find them in a Web page so that we can compare those juridical goods. After that, we analyze present legislation concerning databases and in particular, World Intellectual Property Organization Copyright Treatments and European Directive 96/92/CE, which we consider as the better legislation in this field. In the end, we line future trends that seem to appreciate and apply our theory.

scholarly journals PERLINDUNGAN HUKUM PENCATATAN LOGO SEBAGAI CIPTAAN SETELAH BERLAKUNYA UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA

NOTARIUS ◽  
2019 ◽  
Vol 12 (1) ◽  
pp. 118
Author(s):  
Widowati Maria Teresa ◽  
Budi Santoso
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
The Public ◽  
The Creation ◽  
The Government ◽  
Legal Entities

With the enactment of Law Number 28, 2014 About Copyright the creation of art in the form of a logo or distinctive sign is used as a brand in the trade of goods/services or used as a symbol of the organization, entity, or legal entities can not be recorded. Logo that cannot be registered as creation may be registered as trademarks and obtain trademarks protection. Associated with the unregistered logo in the List of Works does not reduce the copyrights protection of the logo, because the protection of the logo as Creation appears declaratively. Consequences of the unlisted logo in the List of Works are logo will not get an official passage on Creation. The government needs to tighten substantive and material checks on all works listed in the field of Intellectual Property Rights and the government may take the initiative to carry out dissemination and counselling accessible to the public especially for business practitioner. Keywords : Logo, Legal Protection, Copyrights AbstrakDengan diberlakukannya Undang-undang Nomor 28 Tahun 2014 Tentang Hak Cipta, seni lukis yang berupa logo atau tanda pembeda yang digunakan sebagai merek dalam perdagangan barang/jasa atau digunakan sebagai lambang organisasi, badan usaha, atau badan hukum tidak dapat dicatatkan. Logo yang tidak dapat dicatatkan sebagai Ciptaan dapat didaftarkan sebagai Merek dan mendapatkan perlindungan Merek. Terkait dengan tidak dicatatkannya logo dalam Daftar Ciptaan tidak mengurangi perlindungan Hak Cipta atas logo, karena perlindungan logo sebagai Ciptaan muncul secara deklaratif. Konsekuensi dari tidak dapat dicatatkannya logo dalam Daftar Ciptaan adalah Ciptaan logo tidak akan mendapatkan petikan resmi atas Ciptaan. Pemerintah perlu untuk memperketat pemeriksaan substantif maupun materiil terhadap seluruh karya yang didaftarkan di seluruh bidang Hak Kekayaan Intelektual dan dapat mengambil inisiatif untuk melakukan diseminasi dan penyuluhan yang dapat diakses secara mudah bagi masyarakat pada umumnya dan pelaku bisnis pada khususnya. Kata kunci : Logo, Perlindungan Hukum, Hak Cipta 

scholarly journals Perlindungan Hukum Terhadap Intervensi Pemberitaan dalam Kerangka Kemerdekaan Pers Nasional

2019 ◽  
Vol 3 (1) ◽  
pp. 75
Author(s):  
Fuqoha Fuqoha ◽  
Indrianti Azhar Firdausi ◽  
Arga Eka Sanjaya
Keyword(s):  
Qualitative Study ◽  
Code Of Ethics ◽  
Legal Protection ◽  
The Public ◽  
The Press ◽  
The World ◽  
A Priority ◽  
The Law ◽  
Journalistic Ethics ◽  
Descriptive Qualitative

Law protection for journalists has been guaranteed through legislation as outlined in law number 40 of 1999 concerning the press. Through the press law, the independence of the national press is a priority as a form of protection in the world of the press. In order to safeguard the independence of the national press, an independent body was formed which took care of and supervised the national press, the press council. Among the duties and functions of the press council is to enforce journalistic ethics through a journalistic code of ethics as a guide for journalists both journalists and press companies. The dynamics that occur, violations of the journalistic code of ethics sometimes create clashes with the public or the community who feel disadvantaged which results in conflict with the law. This research is a descriptive qualitative study with a normative juridical approach. From the analysis of this study shows that legal protection against violations of the journalistic code of ethics and the independence of the national press is adjusted to the main laws of the press against the intervention of parties who feel disadvantaged. The independence of the national press is directed at independence and without intervention in a story.

scholarly journals Freedom, ownership and copyright: why does Kant reject the concept of intellectual property?

2016 ◽  
Author(s):  
Maria Chiara Pievatolo
Keyword(s):  
Intellectual Property ◽  
General Theory ◽  
Immanuel Kant ◽  
Theoretical Perspective ◽  
Public Law ◽  
Pure Reason ◽  
Human Being ◽  
The Public ◽  
The World ◽  
Short Essay

In 1785 Immanuel Kant wrote a short essay, Von der Unrechtmäßigkeit des Büchernachdrucks, which is sometimes translated as Of the injustice of counterfeiting books; later, he repeated almost the same thesis in the Rechtslehre, § 31, II, within Die Metaphysik der Sitten (1797). As most scholars, in the field of humanities, take intellectual property for granted, the representation of Kant like an intellectual property forerunner is still a dangerously mistaken commonplace. According to Kant's Architectonic of Pure Reason the philosopher is closer to a lawgiver than to an artificer, if philosophy is considered in its Weltbegriff or cosmopolitan concept (AA.03: 542.23-30). Because such a lawgiving is based upon that reason with which every human being is endowed, the laws of reason should be thought as public laws and not as individual, private creations. How could a public law be consistently viewed as an object of private intellectual property? Kant avoids such a contradiction because his justification of authors' right does not rely on intellectual property, but on the meaning and the function of both authors and publishers in the world of the public use of reason. Therefore, Kant's theory of copyright is compatible with the Weltbegriff of philosophy. Furthermore, more interestingly, it is also possible to demonstrate that it is consistent with his general theory of property, as stated in the Metaphysik der Sitten. The following essay, after presenting a short sketch of Kant's authors right as personal right, will introduce Fichte's theory of intellectual property to strengthen the case of Kant's rejection of intellectual property, by comparing his ideas with the theory of an actual intellectual property advocate, like Fichte. Eventually, to read the proposed interpretation of Kant in a wider theoretical perspective, it will attempt to connect it to his general theory of property of the Metaphysik der Sitten.

scholarly journals Legal Protection of the Famous Trademarks In Accordance with the Laws in Force in Palestine

2019 ◽  
Vol 2 (1) ◽  
pp. 81
Author(s):  
Amjad Hassan ◽  
Hasan Falah
Keyword(s):  
Intellectual Property ◽  
Legal Protection ◽  
Industrial Property ◽  
Trademark Law ◽  
The Public ◽  
Goods And Services ◽  
General Rules ◽  
Special Rules ◽  
International Conventions ◽  
Paris Convention

A trademark is considered to be one of the most important elements of intellectual property for its ability to distinguish goods and services from others, it is the fruit of the effort of the merchant who did the best he could to bring the product to its fame and gained the admiration of the public worldwide. The merchant aims to attract customers, control the market, compete legitimately and takes the trademark as a way to achieve it, the greater the fame of the brand, the greater its popularity and financial value. This leads others to try to take advantage of the reputation and popularity of this brand by simulating, copying or falsifying it, which harms the owners of trademarks and consumers and negatively affects the development of the national economy. The regulation of well-known trademarks is a national necessity and an international requirement, and therefore Arab laws and international conventions "The Paris Convention for the Protection of Industrial Property and the Agreement on the Aspects of Intellectual Property Rights from International Trade" (TRIPS) all implemented special regulations of well-known trademarks. In Palestine, the Jordanian Trademark Law No (33) of 1952 is applicable in the West Bank and the Regulator of Trademarks in general; It did not establish special rules for the protection of well-known trademarks, which imposes on the Palestinian judiciary and specialists the burden of searching for ways to protect these marks in accordance with the provisions of the Trademark Law and the general rules, judicial principles and practical familiarity with reality.

1. Introduction to intellectual property and common themes

2017 ◽  
Author(s):  
Tim Press
Keyword(s):  
Economic Theory ◽  
Intellectual Property ◽  
Legal Protection ◽  
Legal Systems ◽  
Brand Protection ◽  
The World ◽  
Types Of Information ◽  
The Uk ◽  
The Mind ◽  
The Eu

This book focuses on intellectual property (IP) rights as they apply in the UK, including rights created by the EU. Legal systems around the world have seen fit to create these rights or causes of action to protect intangible concepts such as inventions, literature, brands, designs, and so on. It is said that IP protects the products of the mind, but that does not really apply to brand protection or to the protection of some types of information. As IP rights are so diverse, the theoretical bases for legal protection vary and are dealt with separately in their relevant chapters. However, there are some common approaches, namely, the neo-classical micro-economic theory, rights-based, and other approaches. Common legal topics are dealt with here as they affect more than one IP right. Particular issues flowing from them will be mentioned in the following chapters.

scholarly journals LINGKUNGAN HIDUP SEBAGAI SUBJEK HUKUM: REDEFINISI RELASI HAK ASASI MANUSIA DAN HAK ASASI LINGKUNGAN HIDUP DALAM PERSPEKTIF NEGARA HUKUM

2018 ◽  
Vol 26 (1) ◽  
pp. 1
Author(s):  
Abdurrahman Supardi Usman
Keyword(s):  
Legal Protection ◽  
The State ◽  
Legal Rights ◽  
Legal Person ◽  
Legal Subject ◽  
Environmental Disputes ◽  
Legal Standing ◽  
The World ◽  
The Government ◽  
New Perspective

Inspired by “Should Trees Have Standing? Toward Legal Rights for Natural Objects” (Christopher D. Stone, 1974) that popularized the doctrin: “environment as a legal subject”. This thesis was directly elaborating the relation between the constitutional aspect of the “state of law” and its admission of environmental rights, not just about the dimention of the philosophy of law but beyond of it: this thesis was discuss about the theoretical dimention of law and its relevance in Indonesia. At least there are two monumental cases in the world which were become the landmark case of environmental disputes resolution based of by the doctrin of ecocracy. In the dissenting opinion of the judge William O. Douglas in Sierra Club vs Morton’s case, United Stated of America (1972) and in the appeal decision of the Wheeler vs the Government of the provincial of Roja’s case, Ecuador (2011). Those cases had opened a new perspective in the legal proceeding that the environment had be approved as a legal person. In other words, the environment had recognized as a legal subject. Then, by using the conseptual approach and comparative of law approach, this thesis had elaborated the relevance of this doctrin: “The Environment as a Legal Subject” in Indonesian context then verified it with the related legal theories. Besides it all, in this thesis also discuss the relation between of the environmental legal protection and the state of law concept in the ecocracy and constitualism perspective framework. Hopefully this thesis would be the steping stone to realize the constitutionalisation the environment rights and to realize the legal standing innovation in the environmental disputes resolution.

scholarly journals INTELLECTUAL PROPERTY RIGHTS (IPR) ASPECT IN THE FRANCHISE BUSINESS FORMAT

2019 ◽  
Vol 8 (1) ◽  
pp. 106
Author(s):  
Budi Santoso
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Industrial Design ◽  
Legal Protection ◽  
Trade Secrets ◽  
The World ◽  
The Government

In the franchise business, there are several aspects of IPR involved in it, such as trademark, copyright, patent either ordinary or simple, industrial design, and trade secrets. Each field of IPR has its own character and forms of legal protection that differ from one another, while the most basic aspects of IPR in the world of the franchise business, name brands and trade secrets. This study aims to analyze the correlation between aspects of Intellectual Property Rights and the franchise business format and which aspects of the IPR correlate with the format of the franchise business. The results show that the franchise agreement can be categorized as a principal agreement, involving the government, and the parties, while additional agreements, which are purely an agreement between the franchisor and the franchise, can be in the form of an agreement to maintain company secrets.

scholarly journals LEGAL PROTECTION OF PATENT RIGHTS IN INDONESIA

2019 ◽  
Author(s):  
ega yuliani
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Patent Protection ◽  
Legal Protection ◽  
The Public ◽  
Patent Rights ◽  
The Government ◽  
The Right ◽  
Privately Owned

AbstractIntellectual Property Rights are rights derived from the work, initiative and creativity in the form of a real man. Intellectual Property rights consist of privately owned property and Industry. Patents are part of Intellectual Property Rights in Industry. Patents are granted the right of the government and is exclusive. Exclusive rights of patent holders is the production of a patented item, usage and sales of goods and deeds relating to the import and sale of such goods store. Legal protection of intellectual property rights in the patent field ketetentuan regulated in Law Number 14 of 2001. In chapter 8, paragraph (1) time protection for 20 years from the date of receipt and can not be extended. And Article 9 set period of patent protection for simple for 10 (ten) years and can not be extended. Protection of intellectual property rights is no guarantee to the public to respect the right of initiative and the reaction and to provide protection will upload their work. The higher appreciation of the intellectual property rights of a nation then the future will be better.

scholarly journals The scope of criminal liability for misappropriation of authorship in EU countries: comparative analysis

2020 ◽  
pp. 192-217
Author(s):  
Ramunė Steponavičiūtė
Keyword(s):  
Intellectual Property ◽  
Criminal Liability ◽  
Legal Protection ◽  
Modern Society ◽  
Cultural Development ◽  
The European Union ◽  
Ways Of Coping ◽  
Eu Countries ◽  
The World ◽  
The Eu

Intellectual property legal protection is undoubtedly one of the most important factors and conditions of effective economic, social and cultural development in modern society. According to researchers, absolute majority of countries in the world have set criminal liability for certain crimes against intellectual property rights, including all of the European Union (hereinafter – EU) countries. One of those crimes is misappropriation of authorship. Yet the criminal laws of EU countries criminalise misappropriation of authorship very differently - some protect not only author rights but also related rights, the conditions for criminal liability in the general corpus delicti are of a very different scope as well as the punishments for those crimes differ significantly. This analysis will present the scope of criminal liability in all the EU countries, including the reasons why, as well as will try to find the answer whether ways of coping with these difficulties exist.

Sign in / Sign up

Export Citation Format

Share Document