Property and Exchange

Author(s):  
Richard Adelstein

Property is what’s exchanged in markets, and this chapter examines its nature, introduces the ideological dispute between Locke and Bentham over its origins and the implications of their views for government and individuals, and shows how and to what effect property is exchanged in explicit markets. Rights are distinguished from objects, and property is defined as rights to control specific objects for specific uses at specific times, so different people may own different property rights in a single object at the same time. For Locke, individuals have these rights naturally and create government to protect them, while Bentham argues that government creates rights and can allocate them coercively toward its proper ends. The creation of new rights to resolve disputes is considered, and movement of property rights to higher-valuing owners by voluntary exchange in perfectly favorable conditions is illustrated by a hypothetical dispute over the use of a house.

2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Elsa Karino

Production is an activity to convert inputs into outputs through the transformation process. Input in the form of man, money, method, material, machine. While the output is in the form of goods or services. The purpose of production in general is to meet individual needs. There are several factors that influence production namely land and all economic potential that is processed and cannot be separated from the production process, labor is directly related to the demands of property rights through production, and capital, management and technology. In production there are various types of production, namely production which is intermittent and continuous. The production, if viewed from an Islamic perspective, it must fulfill the following principles. First, produce in a halal circle. Second, managing natural resources in production is interpreted as the process of creating wealth by utilizing natural resources must rely on the vision of the creation of this nature and along with the vision of human creation, namely as a blessing for all nature. Third, the Caliph on the earth is not only based on the activity of producing the usefulness of an item but work is done with the motive of benefiting to seek the pleasure of Allah SWT. Key Words: Production, Red Sugar, benefiting


2019 ◽  
Vol 22 (01) ◽  
pp. 37-54
Author(s):  
Elly Hernawati

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.


Author(s):  
Nadiia Fedorova

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.


Author(s):  
Manuel Kellerbauer

In the context of the establishment and functioning of the internal market, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall establish measures for the creation of European intellectual property rights to provide uniform protection of intellectual property rights throughout the Union and for the setting up of centralised Union-wide authorisation, coordination and supervision arrangements.


Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter explores the defences against pre-existing property rights that are available to a purchaser of registered land. It is concerned with priority rules in registered land. The LRA 2002 offers a distinct set of priority rules for one category of transaction: a registrable disposition of a registered estate for valuable consideration. The chapter analyses the priority rules applicable to such transactions, including the effect of limitations on owner's powers, entry of a land registry notice and the category of ‘overriding interests’, in relation to which there is no defence. The chapter concludes by examining the policy of the LRA 2002 to transactions that are tainted by fraud or wrongdoing that is not such as to invalidate the transaction. Such transactions may result, under the general law, in the imposition of personal liability on the registered proprietor, or the creation of new direct rights in favour of a third party.


NOTARIUS ◽  
2019 ◽  
Vol 12 (1) ◽  
pp. 118
Author(s):  
Widowati Maria Teresa ◽  
Budi Santoso

With the enactment of Law Number 28, 2014 About Copyright the creation of art in the form of a logo or distinctive sign is used as a brand in the trade of goods/services or used as a symbol of the organization, entity, or legal entities can not be recorded. Logo that cannot be registered as creation may be registered as trademarks and obtain trademarks protection. Associated with the unregistered logo in the List of Works does not reduce the copyrights protection of the logo, because the protection of the logo as Creation appears declaratively. Consequences of the unlisted logo in the List of Works are logo will not get an official passage on Creation. The government needs to tighten substantive and material checks on all works listed in the field of Intellectual Property Rights and the government may take the initiative to carry out dissemination and counselling accessible to the public especially for business practitioner. Keywords : Logo, Legal Protection, Copyrights AbstrakDengan diberlakukannya Undang-undang Nomor 28 Tahun 2014 Tentang Hak Cipta, seni lukis yang berupa logo atau tanda pembeda yang digunakan sebagai merek dalam perdagangan barang/jasa atau digunakan sebagai lambang organisasi, badan usaha, atau badan hukum tidak dapat dicatatkan. Logo yang tidak dapat dicatatkan sebagai Ciptaan dapat didaftarkan sebagai Merek dan mendapatkan perlindungan Merek. Terkait dengan tidak dicatatkannya logo dalam Daftar Ciptaan tidak mengurangi perlindungan Hak Cipta atas logo, karena perlindungan logo sebagai Ciptaan muncul secara deklaratif. Konsekuensi dari tidak dapat dicatatkannya logo dalam Daftar Ciptaan adalah Ciptaan logo tidak akan mendapatkan petikan resmi atas Ciptaan. Pemerintah perlu untuk memperketat pemeriksaan substantif maupun materiil terhadap seluruh karya yang didaftarkan di seluruh bidang Hak Kekayaan Intelektual dan dapat mengambil inisiatif untuk melakukan diseminasi dan penyuluhan yang dapat diakses secara mudah bagi masyarakat pada umumnya dan pelaku bisnis pada khususnya. Kata kunci : Logo, Perlindungan Hukum, Hak Cipta 


Author(s):  
Tom Cutterham

This chapter details how, by the middle of the decade, American trade was suffering as a result of exclusion from trade with the British empire. National leaders in and out of Congress looked to western lands expropriated from Native Americans as a source of future profit and the foundation of national credit. While thousands of would-be settlers demanded access to the land, and government aid in their war against the Indians, politicians and financiers in the east struggled over the creation of new property rights and the distribution of the spoils of conquest. Banking establishments were central to this process, especially the Bank of North America in Philadelphia, set up in 1781. When the bank came under attack from Pennsylvania's rural egalitarian movement, gentlemen were again put on the defensive. Capitalist economic development seemed to be incompatible with democratic power.


Author(s):  
Marius Schneider ◽  
Vanessa Ferguson

On 13 September 1962 in Libreville, Gabon, twelve Heads of State and Government adhered to the Agreement on the creation of the African and Malagasy Office of Industrial Property (OMAPI). The departure of Madagascar, the attribution of new competences in the area of copyright, and the need to interlink intellectual property with development soon created a need for a revised agreement. This led to the revision of the agreement in Bangui, Central African Republic on 2 March 1977 and to the creation of the African Intellectual Property Organization (OAPI, an acronym of Organisation Africaine de la Propriété Intellectuelle). A new revision of the agreement took place on 24 February 1999 to ensure the conformity of the agreement to the dispositions of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), to which all the Member States are party. This new agreement entered into force on 28 February 2002. Today the OAPI has seventeen Member States and represents more than 100 million inhabitants.


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