Property and Technology

2017 ◽  
Author(s):  
Richard Adelstein
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Fair Use ◽  
Free Riders ◽  
Policy Choices ◽  
Voluntary Exchange ◽  
Technological Advantage ◽  
The Law ◽  
Technological Means ◽  
Limited Duration

In this chapter, the dependence of property rights on government’s policy choices and their vulnerability to theft are both illustrated in the theoretically rich and institutionally challenging case of intellectual goods, ideas rendered in some symbolic medium. The peculiar qualities of these goods make it especially hard for sellers to prevent thieves (“free riders”) from stealing their value and thus make voluntary exchange with willing buyers possible. This induces a continuous competition of technologies, in which free riders seek the technological means to steal the value of intellectual goods and sellers seek the means to exclude them. When free riders have the technological advantage, sellers must turn to the law to protect their ability to sell to willing buyers. The law’s response is intellectual property, discussed here as copyright, an unusual species of property having only limited duration and subject to “fair use,” legalized theft under certain circumstances.

Intellectual Property Rights and Access to Energy Services in Africa

2018 ◽  
Author(s):  
Professor Adebambo Adewopo ◽  
Dr Tobias Schonwetter ◽  
Helen Chuma-Okoro
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Energy Access ◽  
African Countries ◽  
Energy Services ◽  
Proper Role ◽  
The Law

This chapter examines the proper role of intellectual property rights (IPRs) in achieving access to modern energy services in Africa as part of a broader objective of a pro-development intellectual property agenda for African countries. It discusses the role of intellectual property rights, particularly patents, in consonance with pertinent development questions in Africa connected with the implementation of intellectual property standards, which do not wholly assume that innovation in Africa is dependent on strong intellectual property systems. The chapter examines how existing intellectual property legal landscapes in Africa enhance or impede access to modern energy, and how the law can be directed towards improved energy access in African countries. While suggesting that IPRs could serve an important role in achieving modern energy access, the chapter calls for circumspection in applying IP laws in order not to inhibit access to useful technologies for achieving access to modern energy services.

Property in Human Body Parts

2020 ◽  
Author(s):  
Justine Pila
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Human Body ◽  
First Principles ◽  
The Political ◽  
Body Parts ◽  
Cautionary Tale ◽  
Regulatory Approach ◽  
Legal Position ◽  
The Law

This chapter surveys the current legal position concerning property in bodies and bodily materials. Of especial relevance in the current age of advanced genetic and other bio technologies, it looks beyond property in bodies and their materials ‘as such’ to consider also (a) the availability of rights of personal and intellectual property in objects incorporating or derived from them, and (b) the reliance on quasi-property rights of possession and consent to regulate the storage and use of corpses and detached bodily materials, including so-called ‘bio-specimens’. Reasoning from first principles, it highlights the practical and conceptual, as well as the political and philosophical, difficulties in this area, along with certain differences in the regulatory approach of European and US authorities. By way of conclusion, it proposes the law of authors’ and inventors’ rights as simultaneously offering a cautionary tale to those who would extend the reach of property even further than it extends currently and ideas for exploiting the malleability of the ‘property’ concept to manage the risks of extending it.

scholarly journals THE RIGHT OF AUTHORSHIP ON A WORK

2014 ◽  
Vol 8 (1) ◽  
pp. 155-160
Author(s):  
Ciprian Raul Romiţan
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual 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.

scholarly journals Pembatalan Hak Merek Yang Telah Dijadikan Jaminan Fidusia

2018 ◽  
Vol 5 (1) ◽  
pp. 1
Author(s):  
Delila Pritaria Cantika
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Registered Trademark ◽  
The Absolute ◽  
The Law ◽  
A Company ◽  
Adequate Evidence

Trademark as a part of intellectual property rights in essence is a sign to identify and distinguishing a product that made by a company with other products in the market. Trademark must be registered to gain a legal recourse in the form of Rights Over Trademark. However a registered trademark can still be nullified, based on a certain adequate evidence the registered trademark cannot fulfilled the absolute grounds or relative grounds. In furtherance, nowadays trademark legally feasible to be registered as a collateral. And as for the most accurate form of the collateral itself according to the law shall be registered fiduciary guaranty.

COPYRIGHT AND RELATED RIGHTS PROTECTION IN MODERN CONDITIONS

2017 ◽  
Author(s):  
Hanna Urazova ◽  
◽  
Yulia Gudzenko ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
World Intellectual Property Organization ◽  
Modern World ◽  
The Internet ◽  
Rights Protection ◽  
Domestic Legislation ◽  
The Law ◽  
Definition Of

The article presents a study of the problem of protection and enforcement of intellectual property rights, namely copyright and related rights. It is noted that the issue of protection and preservation of copyright and related rights in the modern world is very relevant and currently not fully resolved. The analysis of normative-legal documents in this sphere is carried out. In particular, the domestic legislation was studied, namely, the norms of the Civil and Criminal Codes of Ukraine, the Law of Ukraine "On Copyright and Related Rights", the Law of Ukraine "On State Support of Cinematography in Ukraine". International normative legal acts are analyzed. Namely: the World Intellectual Property Organization Copyright Treaty (BOIB Agreement) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). The definition of "protection" is given, as well as the objects and subjects of copyright and related rights. The article also pays attention to the types of copyright and related rights protection: jurisdictional and non-jurisdictional. Two modern ways of copyright protection have been studied - copyright and copyleft. Civil law protection is analyzed: the grounds for a person to go to court to protect their intellectual property rights, the procedure for protection of infringed rights and ways to protect these rights are determined. It has been established that filing a claim against the infringer of copyright and related rights is not always an effective way of protection. Thus, the subjects of copyright and related rights often choose to protect their infringed rights. Problems related to the regulation, protection and proof of copyright infringement on the Internet have been identified. An analysis of case law on the protection of copyright and related rights. It has been found that courts do not always adequately protect related rights that have been violated on the Internet. The conclusions and prospects of development of protection and protection of copyright and related rights are given.

Information Ownership in the Cloud

2021 ◽  
pp. 145-176
Author(s):  
Chris Reed
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Physical Object ◽  
Legal Rights ◽  
Digital Information ◽  
Confidential Information ◽  
Database Right ◽  
The Law ◽  
Types Of Information

This chapter discusses information ownership in the cloud. The law has struggled with ownership of digital information precisely because it is no longer recorded in permanent form on a physical object which can be owned. The law attempts to solve this problem by creating legal rights in some types of information, in the form of intellectual property rights. However, intellectual property rights are highly limited in scope in order to prevent the monopolisation of information. Thus, disputes over information ownership, and negotiations involving transfer of digital information, can be surprisingly difficult to resolve. The chapter then looks at copyright, database right, and the protection of confidential information. It shows that owning property rights in information, most likely copyright and database right, has little importance in terms of the cloud relationship. Cloud computing does, however, create some risks to confidential information because each player in the cloud is handing over some element of control to other players.

scholarly journals Basic Concept of Intellectual property Rights (IPRs)

2018 ◽  
Vol 9 (1) ◽  
pp. 24-28
Author(s):  
Arif Hossain
Keyword(s):  
Intellectual Property ◽  
Open Access ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Basic Concept ◽  
Code Of Conduct ◽  
Fair Use ◽  
Basic Knowledge ◽  
Online Journals ◽  
Definitive Form

Intellectual property Rights (IPRs) is protected by different systems of laws. Journals must choose a definitive form of systems. Some Blackwell journals use copyright system and some Blackwell use license from authors. Now a days online journals are using creative common licenses.  Under creative common license journals are open access, allowed to download, copy, distribute, and display derivative works with proper attribution to author or owner for noncommercial purpose at a free cost. Education on IPRs will support to comprehend ones rights, professional code of conduct and the doctrine of "fair use" in publication. One cannot do anything with once writing. Researchers, academic, editors and readers must have the basic knowledge on who owns the rights in a publication and what users can do with the publication by law.            

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.

Sign in / Sign up

Export Citation Format

Share Document