Beijing IP Court clarifies standard of infringement for moral right of integrity

2020 ◽  
Vol 15 (3) ◽  
pp. 156-157 ◽  
Author(s):  
Jing Yang
Keyword(s):  
Intellectual Property ◽  
Copyright Law ◽  
District Court ◽  
The Right

Abstract Muye Zhang v China Film Co. LTD, Chuan Lu, Dream Author Film Co., Letv Film Co., No 587 (2016), Civil Final Instance, Beijing Intellectual Property Court, 8 August 2019 In Muye Zhang v China Film Co. LTD, et al, the Beijing Intellectual Property Court reversed the decision of Beijing Xicheng District Court and reiterated that ‘prejudice to author’s honour or reputation’ is not a prerequisite for infringement of the right of integrity under Article 10(4) of Copyright Law; in so doing, the court provided some much-needed guidance on evaluating a claim for infringement of the said right.

scholarly journals Droit de Suite – The Artists’ Resale Right

2012 ◽  
pp. 71-75
Author(s):  
Anthony O’Dwyer
Keyword(s):  
Intellectual Property ◽  
English Translation ◽  
Copyright Law ◽  
Property Law ◽  
Future Success ◽  
Traditional Sense ◽  
First Sale ◽  
Definition Of ◽  
The Right ◽  
Droit De Suite

This article looks at the droit de suite, which is a legally recognised right that forms part of copyright law and more widely, intellectual property law. The article reviews the present restrictive application of the law, analyses the definition of the “artist” and discusses the merit of a wider interpretation and application of the droit de suite. The English translation of droit de suite literally means the ‘right to follow’ and, in the context of the artists’ resale right, it allows artists to follow the future success of their artistic works. This future success involves an economic entitlement that the artist may participate in. In practical terms this means that, after the first sale of the artistic work, every subsequent public sale, for instance through a dealer or a gallery, is subject to a sort of royalty. Royalties in the traditional sense entitle various types of artistic creators, such as ...

scholarly journals LEGAL PROTECTION OF LURIK ART CONSERVATION THROUGH INTELLECTUAL PROPERTY RIGHTS 2 IN KLATEN REGENCYLEGAL PROTECTION OF LURIK ART CONSERVATION THROUGH INTELLECTUAL PROPERTY RIGHTS 2 IN KLATEN REGENCY

2019 ◽  
Vol 8 (2) ◽  
pp. 354
Author(s):  
Riska Andi Fitriono ◽  
Sarwono .
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Copyright Law ◽  
Moral Rights ◽  
Art Conservation ◽  
Economic Rights ◽  
The Law ◽  
The Right

This article aimed to analyze legal protection of Lurik Art Conservation Through <br />Intellectual Property Rights in Klaten Regency. Klaten is the area that is most<br />concerned with the survival of lurik weaving. There is someone mentioned that the<br />Klaten Regency was the capital of lurik weaving. Because the weaving of Looms<br />are not machines or Alat Tenun Bukan Mesin (hereinafter abbreviated to ATBM) <br />is a mainstay of this city. There are countless villages that become centers of lurik <br />craftsmen. This research is empirical or non-doctrinal research, which is a study<br />that sees the law not only from the perspective of legislation, but also sees the law<br />in its implementation. The results of the study show that the first legal protection in<br />preserving the current lurik art in Klaten, namely the Klaten Regency Government,<br />then stipulates the Regent's Regulation Number 53 of 2010 Article 23 Paragraph (9)<br />on the Daily Batik and Traditional Weaving Lurik Service or ATBM Striated and<br />the Klaten Regent's Decree Number : 065/1014/06 December 30, 2010 on Wearing<br />Traditional Weaving, Motives, Colors and Free Models with Attributes. Furthermore,<br />based on the Decree of the Regent of Klaten Number 050/84 of 2016 on Klaten<br />Regency's Superior Products, batik striated is one of the superior products of Klaten<br />Regency. With the issuance of these rules as an effort to protect and preserve lurik<br />art in Klaten district and referring to Law Number 28 of 2014 on Copyright, it has<br />regulated the forms of protection of lurik art in Klaten through Article 40 paragraph<br />(1). The Second Protection of Intellectual Property Rights Against Lurik Art, namely<br />Protection of lurik artworks, besides being accommodated in Law Number 28 of 2014<br />on Copyright (Copyright Law) and Trademark Law and other intellectual property<br />right laws. Elucidation of Article 40 paragraph (1) letter j of the Copyright Law. The<br />work is protected because it has artistic value, both in relation to the picture, style,<br />and color composition. The Copyright Act also emphasizes that it is important to<br />protect Copyright because every creator, in this case, the creator of the lurik motif<br />has the right to moral rights and economic rights.

scholarly journals Criação e fruição: os interesses jurídicos na produção intelectual | Creation and enjoyment: the legal interests in intellectual production.

2011 ◽  
Vol 7 (2) ◽  
Author(s):  
Denis Borges Barbosa
Keyword(s):  
Side Effects ◽  
Intellectual Property ◽  
Market Economy ◽  
Production System ◽  
Legal Status ◽  
Copyright Law ◽  
The Right ◽  
Intellectual Production

Resumo Criação e fruição: os interesses jurídicos na produção intelectual. O sistema de produção de criações intelectuais. Os pressupostos da criação intelectual: originador e criação. O estatuto jurídico do originador. O estatuto jurídico das criações não objetivizadas. A manutenção das ideias em estado não apropriável. A oposição corpus mysticum e corpus mechanicum. O bem imaterial antes da propriedade. A autonomia da criação em face do criador. Hipóteses do bem incorpóreo fora da propriedade. A historicidade da transformação do bem incorpóreo em propriedade concorrencial. Criação intelectual fora da economia de mercado. A produção intelectual sem indutores artificiais.Uma noção essencial: a Propriedade intelectual é apenas uma das formas de incentivo à produção intelectual. Criação intelectual voltada para o mercado. O remédio e seus efeitos secundários. O direito centrado no titular e o direito centrado na obra. Uma rápida conclusão. Palavra chave criação intelectual. direitos autorais. indutores à criação Abstract Creation and enjoyment: the legal interests in intellectual production. The production system for intellectual creations. The assumptions of intellectual creation: originator and creation. The legal status of the originator. The legal status of creations not objectified. The maintenance of the ideas in a non-appropriated status. The opposition between mysticum corpus and corpus mechanicum. The intangible property before the property. The autonomy of creation in face of the creator. Assumptions of intangible property outside the property. The historicity of the transformation of intangible property in competition. Intellectual creation out of the market economy. The intellectual production without artificial inductors.A key concept: the Intellectual property is just one way to encourage intellectual production. Market-oriented intellectual creation . The drug and its side effects. The right holder-centered and the right centered on the work. A terseconclusionKeywords intellectual creation. copyright law. inductors to creation.  

scholarly journals Bioprinting and culture of tissues and organs in the BRICS countries (on the example of Brazil, India, China, and South Africa): approaches of legislation on intellectual property

2020 ◽  
pp. 35-57 ◽  
Author(s):  
Ksenia Michailovna Belikova
Keyword(s):  
Intellectual Property ◽  
3D Printing ◽  
Legal Regulation ◽  
Copyright Law ◽  
Comprehensive Analysis ◽  
Patent Law ◽  
Property Law ◽  
Medical Technologies ◽  
Brics Countries ◽  
The Right

This article examines the legal regulation of bioprinting (3D printing) and culture of tissues and organs in the BRICS countries through the prism of protection of intellectual property. The work demonstrates the means of protection of results acquired at each stage of bioprinting by the norms of copyright and patent law, as well as touches on the questions of the need (possibility) for patenting of &ldquo;bioprinters&rdquo;, &ldquo;bioinks&rdquo;, &ldquo;biopapers&rdquo;, etc. The goal of this research is to determine the necessary and possible boundaries for patenting (copyright law protection) of the means, products, processes and their moral-ethical acceptance in the society. The novelty of this work consists in a comprehensive analysis of the approaches of BRICS countries towards development, legal formalization and protection of bioprinting and culture of tissues and organs as medical and non-medical technologies from the perspective of intellectual property law. The author attempts to answer the question of (non)patentability of the process (means) and result (product) of bioprinting of tissues and organs, the &ldquo;bioprinters&rdquo; themselves, as well as the &ldquo;bioinks&rdquo; and &ldquo;biopapers&rdquo; they use. With regards to (non)patentability of tissues and organs acquired through 3D printing, a conclusion is made that there is an unfavorable environment for their patenting, though their production, in the author&rsquo;s opinion, should the right to patenting providing that they meet the criteria (other conditions) set by patenting law of a particular country.

scholarly journals Juridical Analysis of Regulation Controling of Import or Export of Goods That are Suspected or Originating of Intellectual Property Infringment, Particularly on Registered Trademark

Yuridika ◽  
2021 ◽  
Vol 36 (3) ◽  
pp. 693
Author(s):  
Liah Anggraeni Basuki
Keyword(s):  
Intellectual Property ◽  
District Court ◽  
Conceptual Approach ◽  
Financial Activity ◽  
Directorate General ◽  
Trademark Protection ◽  
Ministry Of Finance ◽  
The Republic ◽  
The Right ◽  
Intellectual Property Infringement

Protection of intellectual property laws can be started from the action of preventing the entry or exit of goods from a country. The Directorate General of Customs and Excise, Ministry of Finance of the Republic of Indonesia, which is the implementing agency in the customs sector, can control the import or export of goods suspected of being or originating from the result of intellectual property infringement. It is a financial activity involving several institutions including the Directorate General of Customs and Excise, the Ministry of Finance of the Republic of Indonesia as executor, the Directorate of Trademarks, the Ministry of Law and Human Rights as the institution that issues trademark rights and the Commercial District Court to exercise judicial authority. Its implementation, regulations have been made regarding the processes and conditions for controlling the export and import of goods, which accommodate the interests of the state as a regulator with the aim of regulating and harmonizing customs regulations and trademark law and the interests of rights holders or mark owners as the injured party if there is an infringement. However, there are arrangements that are "considered" to be detrimental to the right holder or registered mark owner, that is in relation to the domicile of the party applying for trademark protection in the customs area. This research uses a normative research type and a statue approach as well as a conceptual approach. So that with this research the brand owners or rights holders can determine the right steps to protect the registered marks in accordance with applicable regulations.

scholarly journals The Audience in Intellectual Property Infringement

2016 ◽  
Author(s):  
Mark Lemley
Keyword(s):  
Intellectual Property ◽  
Copyright Law ◽  
Patent Law ◽  
Legal Rules ◽  
Definition Of ◽  
The Right ◽  
Intellectual Property Infringement

Every IP right has its own definition of infringement. In this paper, wesuggest that this diversity of legal rules is largely traceable todifferences in the audience in IP cases. Patent, trademark, copyright, anddesign patent each focus on a different person as the fulcrum forevaluating IP infringement. The fact that patent law focuses on an expertaudience while trademark looks to a consumer audience explains many of thedifferences in how patent and trademark cases are decided. Expert audiencesare likely to evaluate infringement based on the technical similaritybetween the plaintiff’s and defendant’s works. Consumers, by contrast, arelikely to pay more attention to market substitution and less attention tohow things work under the hood. Understanding the different audiences in IPinfringement is critical to understanding how the IP regimes defineinfringement.The focus on audience has normative as well as descriptive implications.Neither patent law, with its focus on experts and technical similarity, nortrademark law, with its market-based consumer focus, has it entirelycorrect. Rather, we suggest that as a general matter infringement of an IPright should require both technical similarity and market substitution.Assessing infringement through the expert’s eyes ensures that the lawprevents closely related works in the field while allowing latercontributions to the field that are sufficiently different. The consumervantage point ensures that we protect IP owners only when they have beenharmed in the marketplace.IP owners who want to show infringement should have to show both that thedefendant’s work is technically similar to their own from the expert’svantage point and that the defendant’s use causes the plaintiff marketharm. Copyright law, which does look both to experts and to consumers atvarious points in infringement analysis, is on the right track.

scholarly journals Perlindungan Hukum Bagi Artis atas Penggunaan Potret dalam Cover Novel Fanfiksi

2021 ◽  
Vol 2 (1) ◽  
pp. 24
Author(s):  
Paramita Cahyaning Dewanti ◽  
Rahmadi Indra Tektona
Keyword(s):  
Intellectual Property ◽  
Legal Protection ◽  
Copyright Law ◽  
Intellectual Property Right ◽  
Research Approach ◽  
Copyright Holder ◽  
The Public ◽  
The Right ◽  
Research Type ◽  
Legal Consequences

Intellectual Property Rights translated from Intellectual Property Right are the right to do something on the intellectual property which is regulated by applicable norms or laws. The purpose of this thesis research consists of general objectives and specific objectives, namely to find out and analyze the form of legal protection for Portraits, legal consequences, and efforts to resolve Portrait disputes. The research method includes the juridical - normative research type, while the research approach used is the statute approach. The result of this research is that portrait work is one of the copyrighted works protected by copyright law. which is contained in article 40 paragraph 1. This protection is given to the creator, namely the photographer and the copyright holder is the person photographed. This protection is given to motivate and encourage the creativity of creators who can create economic growth based on the scope of art, literature and science and provide an understanding to the public that portrait works are protected by law No. 28 of 2014 concerning copyright, where there is a prohibition for other people. use the copyright work arbitrarily without the permission of the creator or copyright holder. Acts of violating the copyright of Portrait's works that are used commercially without rights can be sued civil or criminal or can be done both, but if you want to do both, you must prioritize civil settlement then criminally. but the verdict of his civil case cannot waive his criminal sentence. Then to resolve the dispute, it can be done by litigation and also in non-litigation, namely dispute resolution by negotiation, mediation, and arbitration.

Fixing Improvisation

2014 ◽  
Author(s):  
Anthea Kraut
Keyword(s):  
Twentieth Century ◽  
African American ◽  
Intellectual Property ◽  
Case Studies ◽  
Copyright Law ◽  
Property Law ◽  
Intellectual Property Law ◽  
Tap Dance ◽  
American Vernacular ◽  
The Relationship

This chapter juxtaposes brief case studies of African American vernacular dancers from the first half of the twentieth century in order to reexamine the relationship between the ideology of intellectual property law and the traditions of jazz and tap dance, which rely heavily on improvisation. The examples of the blackface performer Johnny Hudgins, who claimed a copyright in his pantomime routine in the 1920s, and of Fred and Sledge, the class-act dance duo featured in the hit 1948 musical Kiss Me, Kate, whose choreography was copyrighted by the white modern dancer Hanya Holm, prompt a rethinking of the assumed opposition between the originality and fixity requirements of copyright law and the improvisatory ethos of jazz and tap dance. Ultimately, the chapter argues that whether claiming or disavowing uniqueness, embracing or resisting documentation, African American vernacular dancers were both advantaged and hampered by copyright law.

scholarly journals Is stress an important co morbid factor for hypertension among legal professionals

2018 ◽  
Vol 5 (5) ◽  
pp. 1899
Author(s):  
L. Kannan ◽  
Praveena P.
Keyword(s):  
High Stress ◽  
Simple Random Sampling ◽  
Well Being ◽  
Cross Sectional Study ◽  
District Court ◽  
Cross Sectional ◽  
Legal Professionals ◽  
The Difference ◽  
The Right ◽  
Study Participants

Background: Stress is a mental, physical and emotional response to life demands. Long hours of work, client demands, changing laws- creates stress and eventually hypertension among advocates. Well-being of the advocates are being questioned. Hence the main objective of the study is to evaluate the relationship between stress and hypertension among practising advocates.Methods: A cross-sectional study was conducted in a sample of 300 practising advocates at Madurai district court for a period of 1 year by simple random sampling method.Results: Around 133 (44.33%) and 167 (55.66%) of study participants were in level of high stress and low stress respectively. Among high stressed participants, a majority of 113 (84.96%) were found to be hypertensives and among the low stressed participants only 10 (5.98%) were hypertensives. The difference of observation was found to be statistically significant (p=0.0000).Conclusions: In conclusion the study explains that practising advocates with high perceived stress 113 (84.96%) were found to be hypertensives. Stress has a significant association with hypertension. The right way to manage stress is to implement coping strategies.

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