On the subject of Intellectual Property Rights (IPR), including copyright -a help and a hindrance to cultural heritage ?

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

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MUSEUM SONGKET PALEMBANG DENGAN PENDEKATAN ARSITEKTUR NEO-VERNAKULAR

Arsitektura ◽

10.20961/arst.v14i2.9046 ◽

2017 ◽

Vol 14 (2) ◽

Author(s):

Abdul Aziz Arrosyid ◽

Samsudi Samsudi ◽

Ummul Mustaqimah

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Cultural Heritage ◽

Cultural Values ◽

Intellectual Property Rights ◽

Architectural Design ◽

Raw Materials ◽

Vernacular Architecture ◽

Museum Design ◽

Limited Process

Traditional weaving as a national cultural heritage is being abandoned, including songket in Palembang city. Songket weaving craft has been abandoned due to the limited process of the making, expensive raw materials, and competitiveness, either other crafters or modern weaving. There are hundreds of Palembang songket motifs that have not been documented and collected well. Only 77 motifs which have been registered as intellectual property rights. The lack attention of this matter would give possibility for neighboring countries to claim it such an accident ever exist. Songket Museum is needed as conservation center, exhibition, research, and songket craft workshop. Neo-Vernacular Architecture approach is used to make museum architectural design which is in line the cultural values of Palembang in contemporary design. The design issue is how to apply the principles of Neo-Vernacular Architecture into Palembang Songket Museum design. The method is designing the museum by taking both the physical and non-physical elements of local culture. Beside, re-interpretation the shape and philosophycal value of local architecture and Palembang songket are apllied in a new composition of Neo-Vernacular Architecture. The result is a design of Palembang Songket Museum which applies Neo-Vernacular Architecture principles. Keywords: Architecture, Neo-Vernacular, Palembang Songket, Songket Museum.

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Ch.3 International Exhaustion of Rights

10.1093/law/9780198707219.003.0003 ◽

2020 ◽

Author(s):

Correa Carlos Maria

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Intellectual Property Rights ◽

Subject Matter ◽

Dispute Settlement ◽

Foreign Market ◽

Trips Agreement ◽

Parallel Imports ◽

The Subject ◽

Domestic Law

This chapter focuses on the issue of exhaustion of rights. Article 6 disclaims any intent in the Trade-related Aspects of Intellectual Property Rights (TRIPS) Agreement to limit the Members’ freedom to regulate the issue of exhaustion of rights with regard to all types of intellectual property rights (IPRs). It declares the admissibility of the international exhaustion of rights, that is, the possibility of legally importing into a country a product protected by intellectual property rights, after the product has been legitimately put on the market in a foreign market. These imports—made by a party without the authorization of the title-holder but equally legal—are generally known as ‘parallel imports’. Moreover, Article 6 of the TRIPS Agreement has left Member countries freedom to incorporate the principle of exhaustion of rights into their domestic law with a national, regional, or international reach. The issue as such cannot be the subject matter of a dispute settlement under the Agreement.

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Part III Jurisdiction, Foreign Judgments and Awards, 14 Limitations on Jurisdiction

10.1093/law/9780199678983.003.0014 ◽

2017 ◽

Cited By ~ 1

Author(s):

Torremans Paul

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Intellectual Property Rights ◽

Subject Matter ◽

The Subject

This chapter discusses the limitations of the English courts' jurisdiction under the traditional rules. It first considers three types of limitations: limitations that affect the subject matter of the issue, limitations that affect the kind of relief sought, and limitations relating to persons between whom the issue is joined. It also explains limitations on jurisdiction imposed by certain statutes before addressing jurisdiction in respect of foreign property such as foreign immovables and intellectual property rights. Furthermore, it describes jurisdiction over the parties, focusing on persons who cannot invoke the jurisdiction and those who may claim exemption from the jurisdiction. The chapter concludes with an overview of statutory limitations on jurisdiction.

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Specific Notarial Protection of the Testator's Exclusive Rights: Kazakh and International Experience

Journal of Advanced Research in Law and Economics ◽

10.14505//jarle.v10.3(41).11 ◽

2019 ◽

Vol 10 (3) ◽

pp. 770

Author(s):

Karlygash Asilkhanovna JUMABAYEVA ◽

Lola Furkatovna TATARINOVA ◽

Gulnaz Tursunovna ALAYEVA ◽

Saule Zhusupbekovna SULEIMENOVA ◽

Danila Vladimirovich TATARINOV

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Intellectual Property Rights ◽

International Experience ◽

Main Function ◽

Legal Practice ◽

The Subject ◽

The Republic ◽

The Right

This study is concerned with one of the most burning issues of intellectual property rights, namely the notarial protection of the testator's exclusive rights. The article analyzes the Kazakh and international experience in solving this issue. In the course of the study, the authors obtained the following results: - In legal practice, the non-acceptance of inheritance and refusal to inherit exclusive rights have their specific features; - It is proposed to supplement the existing civil legislation on the protection of the testator's copyrights. ‘Kazakhstan Authors' Society’ conducts its activities in the territory of the Republic of Kazakhstan. Its main function is to manage the property rights of authors. This management includes the issuance of permits to use deliverables on behalf of authors, as well as the collection, distribution and payment of royalties. It has been established that a notary has the right to apply to ‘Kazakhstan Authors' Society’ to determine one's authorship. The authors have revealed that the current Kazakh legislation does not state the creation time of some deliverable and does not provide for the notarial certification of a web page (in case of copyright infringement). Thus, a notary takes measures to protect the intellectual property rights owned by the copyright holder that might become the subject of succession.

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ADMINISTRATIVE OFFENCE IN THE FIELD OF INTELLECTUAL PROPERTY AS THE GROUND FOR ADMINISTRATIVE LIABILITY

Administrative law and process ◽

10.17721/2227-796x.2020.1.02 ◽

2020 ◽

pp. 19-29

Author(s):

Andrii Khridochkin ◽

Petro Makushev

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Public Relations ◽

Intellectual Property Rights ◽

Social Harm ◽

The Subject ◽

Definition Of ◽

Objective Side ◽

Subjective Side ◽

Legal Consequences

The article deals with homogeneous group of administrative offences - administrative offences in the field of intellectual property as a basis of administrative liability. It is emphasized that the objective features of this administrative offence are its social harm, wrongfulness and punishment, and subjective ones are guilt and subjectivity. It is emphasized that only in the presence of all these features can one speak of qualifying an individual’s act as an administrative offence and resolving the issue of bringing him to administrative liability. The definition of the term “administrative offence in the field of intellectual property” is proposed as envisaged by the legislation on administrative liability of socially harmful, unlawful, guilty act, committed by the subjects of such unlawful acts that encroach on the set of property and personal non-property rights to the intellectual results. It is established that all warehouses of administrative offences in the field of intellectual property (art. 51-2, 107-1, 156-3 (in the part concerning intellectual property objects), 164-3, 164-6, 164-7, 164-8, 164-9, 164-13) there are such elements as objective signs and subjective features, which in their unity form the composition of administrative offences of this group. It is noted that the only generic object of these administrative offences is the group of public relations of intellectual property, which are protected by the law on administrative liability, and the subject of this group of public relations are objects of intellectual property. It is proved that the objective side of administrative offences in the field of intellectual property is a set of ways of infringement of intellectual property rights. Attention is drawn to the fact that in practice the violation of intellectual property rights to different objects has different economic, social and legal consequences, and therefore the degree of their social harm is different, and therefore there is a need to differentiate administrative liability depending on the intellectual property. Subjective signs of the administrative offences of this group, which are represented by their subject, are established, and the subjective side is characterized by the fact that they are committed only intentionally.

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Certain aspects of possible codification of legislation of intellectual property law

Theory and Practice of Intellectual Property ◽

10.33731/52021.244528 ◽

2021 ◽

pp. 108-118

Author(s):

Olena Shtefan

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Public Relations ◽

Intellectual Property Rights ◽

Legal Regulation ◽

Civil Code ◽

Property Law ◽

Intellectual Property Law ◽

The Subject ◽

Independent Branch

Keywords: recodification of the Civil Code of Ukraine, codification of legislation onintellectual property law, subject and method of intellectual property law The article examines the issues related to the possibility ofcodification of legislation in the field of intellectual property rights. Currently, inUkraine there is a three-tier regulation of public relations in the field of intellectualproperty law. On the one hand, the Civil Code of Ukraine, the rules of which are characterizedby a corresponding nature, terminological inconsistency with special legislation;special legislation regulating legal relations arising from the creation and use ofcertain objects of intellectual property rights; as well as the provisions of ratified internationallegal acts in this area. Such legislation does not contribute to effectiveprotection or effective protection of intellectual property rights.The updating of the Civil Code of Ukraine will not improve the situation regardingproper legislative support in this area, and may lead to new conflicts. Based on the analysis of existing approaches in legal doctrine on the possible codificationof legislation in the field of intellectual property law, it is concluded that it ispossible if the latter is separated into an independent branch of law, characterized bythe subject and method of legal regulation. The existing approach to the definition ofthe subject of regulation in the doctrine of intellectual property law coincides with thecivilized approaches and does not reflect the specifics of legal relations that characterizethe field of intellectual property. The subject of intellectual property law is notlimited to private law relations, public law is also quite common. In this regard, it isproposed to understand the subject as a legal relationship arising in connection withthe creation, use and protection of intellectual property rights. It is proved that theright of intellectual property can be separated into an independent branch of law andto codify its legislation. This will be facilitated by the interest of the state and the correspondingpolitical will to do so.

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Policy on Protection of Cultural Heritage through Communal Copyright in Supporting Sustainable Tourism

Journal of Environmental Management and Tourism ◽

10.14505//jemt.11.4(44).16 ◽

2020 ◽

Vol 11 (4) ◽

pp. 920

Author(s):

Ni Luh Made MAHENDRAWATI

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Cultural Heritage ◽

Intellectual Property Rights ◽

Sustainable Tourism ◽

Integrated Model ◽

Way Of Life ◽

Close Attention ◽

Protection Of Cultural Heritage

Tourism has become a prevalent discourse in Indonesia, considering that in the last few years, Tourism has become the highest contributor to the commodity revenue line. Paying close attention to the integration of tourism certainly involves multidiscipline in it so that efforts to develop tourism require integrated efforts from various parties as well as multidiscipline. It is essential to realize that the attractions of tourism in Indonesia can consist of everything that has a uniqueness, beauty, and value in the form of the diversity of natural, cultural, and human-made diversity. In real terms, it can be observed that cultural heritage is one of the valuable assets owned by a country (Indonesia) in supporting the development of tourism. Culture is a way of life that develops, is shared by a group of people, and is passed down from generation to generation. The culture referred to is the result of reason and reason, so that philosophy can be understood as originating from nothing, then thought by reason and ideas, then becoming. The process of creating a culture can logically be protected by Intellectual Property Rights (Copyright). During this time, the copyright-protected in Indonesia based on Law Number 28 of 2014 concerning Copyright is an Individual Right. It is understood that the copyright needed to protect cultural heritage is communal rights. How to regulate and apply copyright protection Communal communities will be studied more deeply so that there is a comprehensive and integrated model for protecting cultural heritage in Indonesia.

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Someone’s treasure: a legacy for all?

Unlocking Sound and Image Heritage: Selected Readings from the 2015 SOIMA Conference ◽

10.18146/soima2015.1.03 ◽

2017 ◽

Author(s):

Samuel Franco Arce

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Cultural Heritage ◽

Intellectual Property Rights ◽

User Needs ◽

Private Collection ◽

The Future ◽

Digital Material ◽

Physical Objects

The Casa K’ojom in La Antigua Guatemala, Guatemala, houses a unique collection of physical objects and audiovisual materials devoted to Mayan cultural heritage, both tangible and intangible. What began as a private collection has evolved into a museum where thousands of visitors have learned about Mayan culture and music. This paper highlights the development and care of the collections from the perspective of the Casa K’ojom’s founder and current director, Samuel Franco Arce. It reviews the steps he is taking to preserve the collection’s analogue and digital material for the future, all the while not neglecting important non-digital artefacts. It also proposes future solutions to issues within an archive that has to address constantly changing technologies, user needs, audiovisual formats and intellectual property rights laws.

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Cross-Border Enforcement of Intellectual Property Rights

10.4337/9781789908695 ◽

2021 ◽

Author(s):

Paul Torremans ◽

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Intellectual Property Rights ◽

International Agreements ◽

Research Review ◽

Border Enforcement ◽

Cross Border ◽

Recognition And Enforcement ◽

The Subject ◽

Selection Of

This research review discusses an important selection of research articles and papers on the cross-border enforcement of intellectual property rights. The selected texts examine the subject from a variety of important perspectives including economics, international agreements, patents, trade secrets, copyright, trademarks, recognition and enforcement. This review is an insightful and valuable resource for all those with an eye on the field.

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