PROPERTY AND RIGHTS

2010 ◽  
Vol 27 (1) ◽  
pp. 101-134 ◽  
Author(s):  
Jan Narveson
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Land Ownership ◽  
General Idea ◽  
Mode I ◽  
Classical Approach ◽  
The Earth ◽  
The Many ◽  
The Right ◽  
Unitary Concept

AbstractI present what I take to be the “classical” approach to property rights, in which property is basically a unitary concept: owners are the ones with the right to do, and prohibit others from doing, whatever there is to do with the thing owned, within the limits imposed by the rights of others totheirthings. I expound and defend the idea of “first acquisition” in more or less Lockean mode. I also point to the many difficulties of application of the general idea, leading to the need to negotiate at many points. For example, the vagueness of land ownership as we consider what goes on in the earth below or the sky above; to consideration of not just possible physical damages to others by virtue of ownership, but also aesthetic ones; and to the increasingly important area of intellectual property. I argue that the original idea continues to hold, though it underdetermines any number of specific issues.

scholarly journals REGULATION OF LAND OWNERSHIP FOR FOREIGN CITIZENS IN INDONESIA FROM AGRARIAN LAW PERSPECTIVE

2021 ◽  
Vol 3 (01) ◽  
pp. 69-81
Author(s):  
Nur Hairul Hari Yanto ◽  
Muhammad Nasarudin
Keyword(s):  
Property Rights ◽  
Land Ownership ◽  
Men And Women ◽  
The Earth ◽  
Agrarian Law ◽  
The Right ◽  
Ownership Rights

In the agrarian system, Article 21 paragraph 1 of the Basic Agrarian Law states that only Indonesian citizens have property rights. One of the examples of ownership rights is the right to land ownership or those that may have a relationship with the earth and space without differentiating between men and women as well as fellow Indonesian citizens, both native and descendants.

scholarly journals Konsep Wakaf Yang Efektif Dalam Membangun Bangsa

2019 ◽  
Vol 6 (2) ◽  
pp. 107-118
Author(s):  
Roni Hidayat
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Social Welfare ◽  
Social Services ◽  
Intellectual Property Rights ◽  
Precious Metals ◽  
Land Ownership ◽  
Economic Problems ◽  
The Right ◽  
Ownership Rights

Islam has comprehensive concepts and solutions, one of them is for human socio-economic problems, therefore in Islam there are social services such as waqf. Even though Muslims realize that waqf is one of the economic sources, so far only a few have been utilized maximally and productively. There are so many waqf wealth in Indonesia. However, in general its utilization is still traditional consumptive and has not been managed productively, so it has not been right on target in solving people's socio-economic problems. The causes are: 1) Understanding of waqf that is still lacking, 2) Management of waqf that is not optimal, 3) Limited objects that are represented and the end of waqf. For this reason, it is necessary to reformulate how the concept of waqf is effective or the right target according to its function to realize social welfare in developing the nation. Namely by 1) Improving people's understanding of waqf. Endowments according to the Act. no. 41 of 2004 concerning endowments, namely: immovable property (land, buildings / parts, plants and other objects relating to land, ownership rights to units of flats, wells, other immovable property.) And movable assets (money, precious metals, letters valuable, vehicles, intellectual property rights (IPR), rental rights and other movable objects). 2) Empowerment of waqf, waqf assets mentioned above can be empowered to become productive property, profits from productive waqf can be utilized for the benefit of the ummah. 3) Management of waqf based on organizations and legal entities, this can produce professional nazhir, uniform and targeted distribution, innovative and actual fundraising. If this concept is implemented as well as possible, the primary needs of the community will be fulfilled, even social funds will also be available from the management of productive waqf.

scholarly journals CLASSIFICATION, PRINCIPLES AND LEGAL BASIS OF INTELLECTUAL PROPERTY IN INDONESIA (Obie Persada Sitanggang) Quiz Selected Sction Class

2019 ◽  
Author(s):  
obie persada sitanggang
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Information Science ◽  
Judicial Process ◽  
Legal Norms ◽  
The Public ◽  
The Law ◽  
The Many ◽  
The Right

In the life of the state there are various norms that regulate life so that there is balance and order in life. When one of the norms is not properly implemented, there will be potential undesirable things to happen, and the wheel of life will stagnate.There are several written and unwritten norms. One of the written norms is legal norms. Even though the law is a standard rule and must be followed, many parties still view the law as something that can be bought with money and power. This includes the law concerning the regulation of Intellectual Property Rights (IPR), which is currently increasingly being considered by the public. Because of the many claims and the increasing difficulty of the judicial process to follow up the claim if it does not have a strong law.Intellectual Property Rights (IPR) are included in the right to intangible objects (such as patents, brands, and copyrights). Intellectual Property Rights are tangible, in the form of information, science, technology, art, literature, skills and so on which do not have a certain form.Keywords: Haki and Intellectual.

scholarly journals KEEPING THE NATION'S ASSETS THROUGH THE LEGAL PROTECTION OF COPYRIGHT WORKS OF CULTURE

2016 ◽  
Vol 1 (1) ◽  
pp. 55-71
Author(s):  
Zulkifli Makkawaru
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Literature And Science ◽  
Community Rights ◽  
Art And Culture ◽  
The Right

Indonesia positioned copyright art and culture based on its strength as a nation or community rights over an Alliance grouping of the society which can give the effect of distortions in its protection. Which institution can be megurus and oversee the interests between countriesCultivate ideas/ideas in the fields of art, literature and science in the context of intellectual property rights (HKI) categorized into areas of HKI named Copyright (Copyright). The scope of the rights provided for the protection of copyright in the context of this very broad following elements known in several countries. There is a different understanding about the copyright status of culture from both the substance of the right nor of the appreciation of the case which threatens foreign claims copyright over the culture of Indonesia

scholarly journals THE RIGHT OF AUTHORSHIP ON A WORK

2014 ◽  
Vol 8 (1) ◽  
pp. 155-160
Author(s):  
Ciprian Raul Romiţan
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Moral Rights ◽  
Economic Rights ◽  
Natural Connection ◽  
Artistic Work ◽  
The Law ◽  
The Right ◽  
The Relationship

The moral rights represent the legal expression of the relationship between the workand its creator; they precede, survive and exert a permanent influence on the economic rights.Moral rights are independent of economic rights, the author of a work preserving these rightseven after the transfer of its property rights.The right to claim recognition as the author of the work, called in the doctrine as the"right of paternity of the work" is enshrined in art. 10 lit. b) of the law and it is based on theneed to respect the natural connection between the author and his work. The right toauthorship is the most important prerogative that constitutes intellectual property rights ingeneral and consists of recognizing the true author of a scientific, literary or artistic work.

scholarly journals Peran Lembaga Manajemen Kolektif Sebagai Bentuk Perlindungan Hukum Pencipta Lagu Dan Pemilik Hak Terkait

2019 ◽  
Vol 22 (01) ◽  
pp. 37-54
Author(s):  
Elly Hernawati
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Copyright Protection ◽  
Copyright Holder ◽  
Business Climate ◽  
Management Agency ◽  
Collective Management ◽  
The Creation ◽  
The Right

Copyright is one of the Intellectual Property Rights components and should be paid attention to. Even more in technology era that developing, copyright protection needed to be enhanced, so that the right of creator, Copyright holder or owner of relevant rights can be protected and urge people to create. Indirectly, good and healthy business climate could be fostered.  Not all people have skill to create, that is why those people who have skill to create must be protected and even awarded, hoping that people urged to create. One of the creations that protected are song and music. In creating song or music, creator involve recording producer, music director or arranger. Regarding the creation, creator holds moral and economy rights, while parties involved hold the relevant rights to it. Collective Management Agency is an agency that help creator or relevant rights owner in managing and distributing the creation which is song or music that being commercialized. Yet the creator must be the member of the agency beforehand. Commercialization of a song or music by user can rise problem. Protection to the song or music is for the whole thing, including lyric, notation, arrangement and song title. The utilization of a song or music should be still protecting the parties that hold the copyright and the relevant right to it.

scholarly journals Legal regulation of advertising agencies in the context of intellectual property law

2021 ◽  
pp. 5-10
Author(s):  
Nadiia Fedorova
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Legal Regulation ◽  
Practical Aspect ◽  
Advertising Agencies ◽  
Advertising Agency ◽  
Professional Business ◽  
The Creation ◽  
Business Entities ◽  
The Right

Keywords: advertising, legal regulation, subjects of advertising activity, consumerrights, advertising legislation, hidden advertising, comparative advertising The main prerequisite for the rationalization of advertisingactivities in all its scale is the methodological and planned preparation of advertisingmessages and their correct use at all stages of the advertising process. Advertisingagencies play an important role in being qualified coordinators between trade(distribution) and marketing, for the benefit of consumers.The specificity of legal relations arising in connection with the creation and distributionof advertising is associated with the fact that their subjects on the part ofadvertising producers are mainly professional business entities, which concludeagreements on the creation of advertising with their customers. Relationships betweenadvertising creators and advertising agencies are mainly built based onorder agreements for the creation and use of objects of intellectual property rightsor labour contracts. In this case, the author retains non-property intellectual propertyrights, while property rights in most cases pass to the advertising agency oradvertising customer.So, the author retains non-property rights, and, unfortunately, they, as a rule, areunimplemented properly in relations arising from the creation and distribution of advertising.Undoubtedly, we are talking about the right to a name. As a rule, advertisementsdon’t include their creators' name, regardless of how they are distributed.However, this doesn’t mean that the rights of the advertising author. or the rights ofthe advertisement constituent elements author may be violated. The legislation notesthe possibility not to indicate the name of the author with his consent or at his request.According to Law of Ukraine “Copyright and Related Rights”, the author has apersonal non-property right to demand recognition of his authorship by properly indicatingthe author's name on the work and its copies of any public use of the work, certainly,if it’s possible. However, the purpose of advertising is to disseminate informationabout a product or service and not about its author. For the practical aspect ofthis situation, it’s usually indicated that the producer is an advertising agency, notthe individual authors of the content.

scholarly journals The right to protection against unfair use of the means of individualization: content and features

2020 ◽  
Vol 11 (11) ◽  
pp. 313-318
Author(s):  
Pekar A.
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
System Analysis ◽  
Scientific Literature ◽  
Unfair Competition ◽  
Economic Competition ◽  
Economic Entity ◽  
Objective Meaning ◽  
The Right

The article deals with the nature and features of the right to protection against unfair use of the means of individualization. It is argued that it is inappropriate to distinguish the right to protection against unfair use of the means of individualization in the structure of intellectual property rights from the right to protection of economic competition. Based on a system analysis of the legislation, scientific literature review, and the practice of its application, the right to protection is classified in an objective and subjective meaning. In its objective meaning, the right to protection against unfair use of the means of individualization is a component of the right to intellectual property, to protection against unfair competition. The subjective right to protection against the unfair use of the means of individualization is an independent right. The following features of the right to protection against unfair use of the means of individualization are identified on the basis of the analysis. The objective right to protection against unfair use of the means of individualization is characterized by a set of civil law rules governing relations in the field of intellectual property rights and economic competition and determining the grounds, forms, procedure and methods of protection of such rights. This right combines two components: the protection of intellectual property rights and economic competition relations. The subjects of this right are economic entities. At the same time, the exercise of the right to protection in connection with the violation of the law on protection against unfair competition ensures the protection of consumers’ rights, as it guarantees them good quality goods on the market. The object of this right is relations in the field of intellectual property rights and economic competition. The subjective right to protection against unfair use of the means of individuation is the use of a provided by law capacity to renew, recognize or award the right to use the means of individualization by an economic entity. Such subjective right is characterized by the following features: it always implies the implementation of active actions, the possibility of choosing the forms and methods of protection. Keywords: means of individualization, unfair use, right to protection, objective right, subjective right, intellectual property rights, unfair competition.

Pledge of intellectual property rights

2020 ◽  
pp. 369-375
Author(s):  
Anna Savina
Keyword(s):  
Risk Factors ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Federal Budget ◽  
Number Of Factors ◽  
Lectual Property ◽  
The Right ◽  
Positive Effect ◽  
Statistical Indicators

We consider certain issues of pledge of intellectual property, analyze the definitions of the concepts “pledge”, “intellectual property”, “objects of intellectual rights”, etc. We comprehend the issues of civil law regulation of pledge relations, investigate the mechanisms of state support for the intel-lectual property pledge, and identify a number of factors that determine the positive effect of innovative enterprises development, receiving loans secured by intellectual property. We describe the risk factors of pledged collateral for loans, we note the criteria according to which the borrower has the right to conclude an agreement on the provision of subsidies from the federal budget to small and medium-sized businesses to expense reimbursement associated with obtaining loans secured by intellectual property rights. We pay attention to the issue of correlation of derivative rights with an independent object of pledge. We examine the insurance and market issues related to the risk factors of intellectual property pledge. We study the practice of granting loans secured by intellectual property, and also analyze the statistical indicators of such practice in individual countries of Europe and Asia.

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