Part I The Nature of Intangible Property, 7 Intellectual Property

Industrial Design ◽

Property Right ◽

Moral Rights ◽

Confidential Information ◽

This chapter examines intellectual property. The governing principles relating to intellectual property are very different from the principles that underlie other choses, like rights under contracts or debts. Like shares, intellectual property rights are characterized by specific statutory rules relating to their creation, as well as to their transfer. Intellectual property rights can be divided under six heads: patents; copyright; moral rights; industrial design rights; trademarks; and confidential information. In each case, the holder of the right is able—by virtue of ownership—to prevent others from doing what they otherwise could do. Each of these intellectual property rights has four different aspects: the intellectual property right itself; rights of action for infringement; validity challenges; and licensing.

THE MODERN VISION OF THE SYSTEM OF INTELLECTUAL PROPERTY RIGHTS IN UKRAINE

Law Journal of Donbass ◽

10.32366/2523-4269-2021-75-2-52-59 ◽

2021 ◽

Vol 75 (2) ◽

pp. 52-59

Author(s):

Victoria Shekhovtsova ◽

Keyword(s):

Intellectual Property ◽

Property Rights ◽

The State ◽

Point Of View ◽

Property Right ◽

Creative Activity ◽

The Right ◽

Intellectual Potential

The article is devoted to the research of the intellectual property rights system in Ukraine. Intellectual property is the result of the creative activity of any person or group of people. The author studied the categories «intellectual property» and «intellectual property right», investigated the principles of intellectual property and the system of intellectual property rights of Ukraine. In Roman law, there was the term «property», because the «property right» in its classical meaning was formed in Rome, and related to private relationships. Intellectual property is the property of a person that arose as a result of her creativity. However, for our Ukrainian legislation, the expression «intellectual property» is «terra incognita». Yes, intellectual property is studied by such branch legal sciences as: civil law, administrative law, international law, and others. Formed the State Service of Intellectual Property, but the organization of the state system of legal protection of intellectual property, in our difficult times, wants a better one. In the legal literature on intellectual property issues various definitions of «intellectual property right» are given. From a subjective point of view – this is a subjective right, and from an objective point of view – a civil law institute, a set of legal norms that regulate relations in the system of creation and protection of intellectual property. Man, his freedom and rights are the most important value of evolutionary development of society, which manifests itself in the growth of the intellectual potential of the population of each country. Only man possesses intelligence, creative potential and creative abilities. In addition to it, on earth, no living creature can create. Creative activity is the most important aspect of human life, which allows you to convey your talent to society. The consequence of this activity is something new, unique, unique and original. The accumulated products of the human mind are the heritage of the nation, which determine its further development.The Constitution of Ukraine guarantees to the citizens of the state freedom of scientific, artistic, literary and technical creativity, protection of intellectual property rights, moral and material interests arising in connection with various types of intellectual activity. Every citizen has the right to the results of his intellectual, creative activity; no one can use or distribute them without his consent, with the exception of the statutory provisions. The intellectual potential of the nation, in the form of improving education, production, culture, science and technology, needs constant support from our state. The Civil Code of Ukraine for the first time in our national legislation was given a formal definition of the right of intellectual property, as the rights of the individual to the result of intellectual, creative activity or other object of intellectual property rights.

THE USE OF A PATENT BY CO-AUTH ORS AND HEIRS FOR COMMERCIAL PURPOSES AND SOME ISSUES OF PUBLICITY IN PROCEEDINGS RELATED TO DISPUTES OVER INTELLECTUAL RIGHT PROTECTION

Law of succession ◽

10.18572/2072-4179-2020-3-24-27 ◽

2020 ◽

Vol 3 ◽

pp. 24-27

Author(s):

Tatyana V. Ivanova ◽

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Property Right ◽

Special Method ◽

Procedural Information ◽

Protecting Intellectual Property ◽

The Right ◽

Exclusive Right

The article considers certain situations that arise while using a patent for an invention by co-authors and successors and some issues of publicity in legal disputes over the protection of intellectual property rights. The invention created by a team of authors serves as the basis for the association of co-authors in an organization aimed at the commercial use of a patent. The exclusive right to a patent shall transfer to the successors, but the right to membership in the organization where the patent was supposed to be used may not be transferred, in which case the successors shall have limited access to information on the use of the patent. Various secrets, confidentiality of information, unavailability of information, complexity of protecting intellectual property rights, complex relationship between members of the organization and successors represent only some of the problems that create obstacles to the normal exercise of the right to use a patent for an invention and to get profit from its use. There is no special method to protect intellectual property right, such as the request to provide access to the information on shared use of a patent. The publicity principle, being one of the principles of legal proceedings, provides the condition for defining the truth in the process of proving, the court provides the conditions for the timely receipt by the participants of the required and sufficient procedural information on a particular case. The publicity of information in a legal case is most likely to provide the opportunity to satisfy a claim for the protection of intellectual property right. The right to membership in the organization, in which the patent was supposed to be used when it had been developed by the co-authors of the organization, can be considered as a guarantee for the right to use the patent. The exclusion of at least one element from this system shall create unequal rights and shall make it impossible to achieve a result — receive profit from the use of a patent.

Doctrinal Approaches on determining the Content of Intellectual Property Right

Law and Safety ◽

10.32631/pb.2021.2.04 ◽

2021 ◽

Vol 81 (2) ◽

pp. 33-41

Author(s):

O. V. Pikhurets ◽

A. O. Pikhurets

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Property Right ◽

Legal Norm ◽

Personal Rights ◽

Positive Rights ◽

Exclusive Property ◽

Thіs аrtіcle аttemрts to conduct а scіentіfіc аnd theoretіcаl аnаlysіs of the content of іntellectuаl рroрerty rіghts. The exіstіng scіentіfіc аррroаches to determіne the system of рersonаl non-рroрerty rіghts аnd рroрerty (exclusіve) rіghts to the results of іntellectuаl аctіvіty аnd objects equаted to them аre studied. The essence of the system of рersonаl non-рroрerty rіghts іs determіned. Thus, the subjectіve rіght to the result of іntellectuаl, creаtіve аctіvіty аnd objects equаted to them cаn be eіther рroрerty (exclusіve) or рersonаl non-рroрerty, but not both аt the sаme tіme. Personal non-property rights can belong only to the creator (author). They do not depend on property rights and are closely related to the identity of the author (creator); are protected indefinitely and may not be transferred to other persons, except as provided by law. Personal non-property copyrights do not have economical content, are not negotiable, despite the existence of a legal norm on compensation for non-pecuniary damage due to the violation of personal rights. Іt іs determіned thаt the рroрerty rіght to the result of іntellectuаl, creаtіve аctіvіty аnd objects equаted to them іs аn exclusіve rіght іn its essence. Its exclusіvіty іs the fact thаt only the rіght holder mаy decіde to tаke аррroрrіаte аctіon on the results of іntellectuаl, creаtіve аctіvіtіes аnd objects equаted to them, whіle аll other рersons must obtаіn рermіssіon іn eаch cаse from the rіght holder to use the result of іntellectuаl, creаtіve аctіvіtіes аnd objects equаted to іt. Property (exclusive) rights can freely transferred to other persons and are urgent (the period of their validity is limited to the life of the author and 70 years after his death). Exclusive (property) rights are positive rights that include the right to use and dispose the object of intellectual property rights. Defіcіencіes аnd gарs іn the system of cіvіl lаw рrotectіon of рersonаl non-рroрerty аnd рroрerty (exclusіve) rіghts of іntellectuаl рroрerty rіghts hаve been іdentіfіed. The authors have formulated persрectіve dіrectіons for іmрroving the legіslаtіon іn thіs area.

PROBLEMATIKA PERLINDUNGAN HAK CIPTA DI INDONESIA

Yustisia Jurnal Hukum ◽

10.20961/yustisia.v1i1.10600 ◽

2012 ◽

Vol 1 (1) ◽

Author(s):

Anis Mashdurohatun

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Property Right ◽

Moral Rights ◽

Economic Rights ◽

Islamic View

AbstractDevelopment of copyrighted works as part of the intellectual property rights that stem from results of human creation gave birth to a right of the creator of the so-called copyright. Copyright inherent in the creator differs from other intellectual property rights, because the inherent consists of two types of rights, moral rights and economic rights. The problems of copyright protection in Indonesia is caused by several things including: Islamic view of Copyrights, the public's view of the Copyright, Still Lack Popularizing Copyright Act, the Purchaser is not in the questioning, and legal awareness.Keywords: Copyright, intellectual property right

THE RIGHT OF AUTHORSHIP ON A WORK

Agora International Journal of Juridical Sciences ◽

10.15837/aijjs.v8i1.937 ◽

2014 ◽

Vol 8 (1) ◽

pp. 155-160

Author(s):

Ciprian Raul Romiţan

Keyword(s):

Intellectual Property ◽

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.

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

Yustisia Jurnal Hukum ◽

10.20961/yustisia.v8i2.20162 ◽

2019 ◽

Vol 8 (2) ◽

pp. 354

Author(s):

Riska Andi Fitriono ◽

Sarwono .

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Legal Protection ◽

Moral Rights ◽

Art Conservation ◽

Economic Rights ◽

The Law ◽

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

The Development Strategy of Intellectual Property Rights and the Quest for Materials Copyrighted in Islamic Higher Education

MAZAHIB ◽

10.21093/mj.v18i1.1389 ◽

2019 ◽

Vol 18 (1) ◽

Author(s):

Hervina Hervina

Keyword(s):

Higher Education ◽

Intellectual Property ◽

Property Rights ◽

Development Strategy ◽

Empirical Studies ◽

State Institute ◽

Higher Education System ◽

Intellectual Property Rights becomes a serious discussion in some universities, especially in the Perguruan Tinggi Keagamaan Islam Negeri (PTKIN, State Islamic Higher Education system). The lack of copyrighted academic works in some PTKIN is the background why this article is published. This article aims at looking some development strategies that are exist in several universities in Indonesia. Using empirical studies, this article explores some experiences of three universities related to the strategy of developing intellectual property rights. These three universities are Universitas Islam Indonesia Yogyakarta (UII, Islamic University of Indonesia), Universitas Islam Negeri Sunan Gunung Djati Bandung (UIN Bandung, Sunan Gunung Djati State Islamic University of Bandung) and Institut Agama Islam Negeri Surakarta (Surakarta State Institute of Islamic Studies). This article finds that the development of intellectual property rights institutions in higher education includes four important things: mission, goals, strategies and policies. The conclusion of this article confirms that several universities have established institutions for strengthening intellectual property rights by having clear visions and measurable targets, so as to produce the right policies. Meanwhile, some higher education institutions have not established yet institution of Intellectual Property Right. However, several universities have been starting to strengthen the protection of intellectual property rights by raising some lecturers’ research to be copyrighted academic works.Keywords: Intellectual property rights, strategies for the development of IPR, Universities and IPR in Indonesia. Hak Cipta menjadi pembahasan serius di perguruan tinggi, khususnya di perguruan Tinggi Keagamaan Islam Negeri. Sedikitnya karya akademik yang memiliki perlindungan Hak Kekayaan Intelektual di PTKIN menjadi latar belakang mengapa artikel ini ditulis. Artikel ini bertujuan untuk melihat sejauh mana strategi pengembangan yang ada di beberapa perguruan tinggi di Indonesia. Dengan menggunakan studi empiris, artikel ini mencoba mengexplorasi beberapa pengalaman perguruan tinggi terkait dengan strategi pengembangan hak kekayaan intelektual. Artikel ini menemukan bahwa pengembangan Lembaga hak kekayaan intelektual di perguruan tinggi mencakup empat hal: misi, tujuan, strategi dan kebijakan. Kesimpulan artikel ini menegaskan bahwa beberapa perguruan tinggi telah mendirikan Lembaga penguatan hak kekayaan intelektual dengan memiliki visi-misi yang jelas dan target terukur, sehingga mampu melahirkan kebijakan yang tepat. Sementara itu, beberapa perguruan tinggi lain belum memiliki capaian seperti yang telah disebutkan. Namun demikian, beberapa perguruan tinggi telah memulai penguatan hak kekayaan dengan mengangkat hasil penelitian para dosen menjadi karya akademik yang memiliki proteksi terhadap hak kekayaan intelektual.Kata Kunci: Hak kekayaan intelektual, strategi pengembangan HKI, Perguruan Tinggi dan HKI di Indonesia

FEATURES AND SOCIO-ECONOMIC COMPONENTS OF THE CONCEPTS “INTELLECTUAL PROPERTY” AND “RIGHT OF INTELLECTUAL PROPERTY”

European Cooperation ◽

10.32070/ec.v2i42.57 ◽

2019 ◽

Vol 2 (42) ◽

pp. 99-116

Author(s):

Oksana Korotiuk

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Social Relations ◽

Legal Protection ◽

Legal Regulation ◽

Property Right ◽

Legal Rights ◽

Legal Personality

The article is devoted to the content of the concepts "intellectual property" and "right of intellectual property", as well as to the possibility to use them as equivalent concepts. The author considers the features of a broad understanding of the intellectual property concept, in which it is revealed as a complex set of social relations arising at all levels of public life. According to this approach intellectual relations are only one type of the varieties of intellectual property relations, the totality of which only occasionally acts as the subject of legal regulation. Taking into account the above facts, the difference between the meaning of the concepts "intellectual property" (in the sense of this concept as a social relation) and "intellectual property right" is reflected in the content of the structural elements of the relations that denote these concepts: 1) Subjects of intellectual property rights are determined on the basis of compliance with certain legal requirements regarding legal personality, as well as the acquisition of subjective legal rights and obligations, which are provided to them by legal norms (by using their legal personality); the subjects of intellectual property become participants of social relations of different levels, including those, which are outside the legal regulation. Such interactions may be related to realization of creative abilities of a person, mental activity, etc.; 2) In the centre of understanding of the concept "object of intellectual property rights" is the content of intellectual property rights as a totality of personal non-property and property rights. The defining aspect of legal protection is the right to the created object of intellectual property rights. At the same time the object of intellectual property is a value in socio-philosophical sense that satisfies the social, economic, cultural, mental and other needs and interests of people. In this sense, an object by its nature is a blessing for a person; 3) Social connections between the subjects of intellectual relations are revealed through corresponding rights and obligations of the participants of these relations; in the relations of intellectual property social relations manifest themselves as interaction between people in different spheres of social life, based on the corresponding social statuses and roles, in which individuals carry out creative activity, realize their mental and cultural needs, etc. Understanding the concept "intellectual property" as identical with the concept “intellectual property right” is based on a normative approach. This approach shows that the concepts of “intellectual property” and “intellectual property right” have the same sense in the legislation and can denote both objects of intellectual property right and rights to such objects.

IMPLEMENTASI MEREK TERDAFTAR SEBAGAI PERLINDUNGAN TERHADAP KONSUMEN

Jurnal Surya Kencana Satu : Dinamika Masalah Hukum dan Keadilan ◽

10.32493/jdmhkdmhk.v8i2.693 ◽

2017 ◽

Vol 8 (2) ◽

pp. 39

Author(s):

Fenny - Wulandari

Keyword(s):

Intellectual Property ◽

Property Rights ◽

World Trade Organization ◽

World Trade ◽

Property Right ◽

Intellectual Property Right

ABSTRAKPengaturan Intellectual Property Right (Hak Kekayaan Intelektual) terkait Merek diatur dalam Undang-Undang No 20 Tahun 2016 tentang Merek dan Indikasi Geografis. Dalam undang-undang tersebut tidak secara tersurat diatur tentang perlindungan konsumen tetapi tersirat dalam konsiderans bahwa Indonesia sebagai anggota WTO (World Trade Organization) mempunyai konsekuensi untuk meratifikasi Konvensi Internasional dalam menjaga perlindungan konsumen. Hal ini yang hendak dicapai dengan konsep Hak Kekayaan Intelektual yang secara internasional tercantum dalam WTO Agreement/Trade Related Aspects of Intellectual Property Rights (TRIPs). Dalam Undang-Undang No 8 Tahun 1999 tentang Perlindungan Konsumen pada pasal 4 huruf c, hak konsumen adalah hak atas informasi yang benar, jelas dan jujur mengenai kondisi serta jaminan barang dan/atau jasa. Hal ini yang harus diperhatikan para pelaku usaha atau produsen ketika memproduksi barang dan/atau jasa yang kemudian akan didaftarkan hak mereknya. Kata Kunci : Hak Kekayaan Intelektual, Merek, Perlindungan Konsumen

Addressing the experience of Intellectual Property Right Legal Support and it's necessity of recognition in Ukraine

Revista do Curso de Direito do UNIFOR ◽

10.24862/rcdu.v12i1.1442 ◽

2021 ◽

Vol 12 (1) ◽

pp. 190-203

Author(s):

Inesa Anatoliivna Shumilo ◽

Zoria Zhuravlova ◽

Serafyma Henadiivna Hasparian ◽

Vasyl Valeriiovych Franchuk

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Developed Countries ◽

Legal Regulation ◽

Property Right ◽

Current State ◽

Foreign Countries ◽

State Of Affairs

Considering and researching the content and essence of the main issues of this article through the prism of the current state of affairs in the domestic and global legal field, it is stated that such a legal phenomenon as intellectual property law is constantly increasing the importance and presence in jurisprudence and everyday life. Examples of the most successful experience of developed and democratic foreign countries in the field of legal support of intellectual property rights are considered. The potential of future introduction of one or another successful foreign example or the approach on which it is based into the Ukrainian social and legal realities is analyzed. The author's definitions of the concepts "intellectual property", "intellectual property right" and "enforcement of intellectual property rights" are offered. Emphasis is placed on the fact that in order to properly ensure intellectual property rights in Ukraine, it is first necessary to create and implement clear and effective legal regulation in this area. It is emphasized that not all methods and means of ensuring intellectual property rights, which have demonstrated success in certain countries, will be suitable for use in Ukraine. Therefore, the main focus of this article was not only to highlight successful examples of the functioning of intellectual property rights in developed countries, but also to select those that could be successfully adopted in the domestic legal field.