15. The Body as Property

Author(s):  
G. T. Laurie ◽  
S. H. E. Harmon ◽  
E. S. Dove

This chapter examines the question of the limits set on our right to control our bodies or parts thereof. This debate has centred on the very important issue of our relationship with our body, and the status of the body, which has most recently been shaped by ideas of property. The chapter considers three aspects of that debate: property in material taken from living persons; property in material taken from cadavers; and the granting of intellectual property rights in human material.

2020 ◽  
Vol 9 (1) ◽  
pp. 231-250
Author(s):  
Kateryna Nekit ◽  
Vira Tokareva ◽  
Volodymyr Zubar

The article analyzes the possibility to provide legal capacity to artificial intelligence, which would lead to the emergence of a new subject in legal relations. The aim of the article is to reveal whether it is possible to recognize, that artificial intelligence is able to have property and intellectual property rights. To achieve this aim, dialectical, comparative, dogmatic and legal methods are used. It is noted that according to recent studies, there are more and more grounds for recognizing artificial intelligence as subjects of legal relations. Particular attention in the article is paid to the specifics of the status of artificial intelligence in property relations. The consequences of empowering artificial intelligence with the right to property are analyzed. The conclusion is drawn on the appropriateness of such an approach, since this will solve the problem of liability for damage caused by artificial intelligence. The possibility of endowing artificial intelligence with property on the basis of trust before resolving the issue of its legal personality is proposed. Modern approaches to the problem of rights to objects of creativity created by artificial intelligence are considered in the article. The options for the distribution of rights to such objects are analyzed depending on the degree of human participation in their creation and on the level of complexity of the artificial intelligence that creates these objects. The general conclusion is made about the possibility to qualify artificial intelligence as a subject of legal relations, in particular, of property and intellectual property relations.


Buildings ◽  
2021 ◽  
Vol 11 (8) ◽  
pp. 346
Author(s):  
Jeri Adin Ardani ◽  
Christiono Utomo ◽  
Yani Rahmawati

The concept of building information modeling (BIM) requires multidisciplinary collaboration and generates the problem of intellectual property protection for the creator of the model element. Therefore, this research aimed to determine the model ownership factors and intellectual property rights (IPRs) for collaborative sustainability on BIM practices in Indonesia. This research used the qualitative approach of primary data, and questionnaires were distributed to parties involved and experienced with BIM-based projects in Indonesia. The research adopted descriptive and inferential statistics to analyze data obtained from respondents. The results showed that the party that produces the model element is the main factor that owns the model and the IPRs. Meanwhile, the employer will have the right to own the model of BIM in the form of a license, with limited use only for operations, maintenance, and marketing, and they do not have the right to reuse the model for the construction of future projects. This research is expected to contribute to the body of knowledge and provide recommendations for policymaking in construction contracts to better manage BIM-based projects.


2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Inggrit Fernandes

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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