Introduction to Exclusivity Rights

2021 ◽  
pp. 336-347
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Marketing Authorisation ◽  
Common Law ◽  
Pharmaceutical Product ◽  
Industrial Property ◽  
The Creation ◽  
The Mind ◽  
Property Regimes

This chapter begins by defining intellectual property rights as the protection of the ‘creation’ of the mind and describing many different rights that are protected by both statute and common law. It divides intellectual property into two broad categories: industrial property and copyright. It also explores the various statutory and common law intellectual property regimes that have their own idiosyncratic criteria in order to qualify for the protection they offer. The chapter distinguishes relevant intellectual property rights for pharmaceutical product marketing authorisation holders from ‘traditional’ intellectual property rights to regulatory exclusivities. It explores the characteristics of regulatory exclusivities that are akin to other intellectual property rights but have their own unique criteria for qualification and enforcement.

OAPI

2020 ◽  
Author(s):  
Marius Schneider ◽  
Vanessa Ferguson
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Central African Republic ◽  
Industrial Property ◽  
Member States ◽  
The Creation ◽  
Heads Of State

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.

scholarly journals Peran Lembaga Manajemen Kolektif Sebagai Bentuk Perlindungan Hukum Pencipta Lagu Dan Pemilik Hak Terkait

2019 ◽  
Vol 22 (01) ◽  
pp. 37-54
Author(s):  
Elly Hernawati
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Copyright Protection ◽  
Copyright Holder ◽  
Business Climate ◽  
Management Agency ◽  
Collective Management ◽  
The Creation ◽  
The Right

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.

Article 118 TFEU

2019 ◽  
Author(s):  
Manuel Kellerbauer
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
European Parliament ◽  
Internal Market ◽  
Legislative Procedure ◽  
The Creation ◽  
Ordinary Legislative Procedure

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.

scholarly journals Protecting Related Creations to Fashion in the Framework of Literary and Artistic Property Rights of Iran and France

2017 ◽  
Vol 10 (5) ◽  
pp. 157
Author(s):  
Sattar Zarkalam ◽  
Amin Rooholamini
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Rights ◽  
Fashion Industry ◽  
French Law ◽  
Industrial Property ◽  
Iranian Law ◽  
Long Time ◽  
Time Periods

In today’s world where the process of development and the industry is evolving more rapidly than expected, the legal notions are going forward on their compliance in line with these developments. The increasing development of intellectual property rights and their samples is an example of this change. One of the most important issues and instances of this tendency in legal rights is associated with fashion productions and creations. France, as one of the greatest leading country in fashion industry since long time ago, has legally protected the dress and beautiful creations in the intellectual property rules and in the different time periods, under the various titles, including the drawings and models rights, industrial property rights, literary and artistic property rights. French jurisprudence has broadly interpreted the concept of the fashion industry and consequently, the dress and beauty creations that have evolved not only the goods, but all parties involved in the production of the fashion industry. In Iranian law also, although there is no progress in this field compared to French law, with an optimistic interpretation of the rules of its intellectual property, it can be associated with Droit d'-auteur rules in addition to the industrial property rights under different titles such as design and drawings, Applied artwork, folklore etc.

scholarly journals PERLINDUNGAN HUKUM PENCATATAN LOGO SEBAGAI CIPTAAN SETELAH BERLAKUNYA UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA

NOTARIUS ◽  
2019 ◽  
Vol 12 (1) ◽  
pp. 118
Author(s):  
Widowati Maria Teresa ◽  
Budi Santoso
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
The Public ◽  
The Creation ◽  
The Government ◽  
Legal Entities

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 

Rhetorics of Power and Development: Intellectual Property Rights and The Pharmaceutical Industry in Brazil

2007 ◽  
Vol 6 (4) ◽  
pp. 585-610 ◽  
Author(s):  
Ariane McCabe
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Pharmaceutical Industry ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Regulatory Framework ◽  
Property Law ◽  
Industrial Property ◽  
Rights Discourse

AbstractThis paper examines the rise of an intellectual property (IP) rights discourse and highlights how it has been translated into national IP regimes. Recently, IP has become a polarizing concept, and attention has focused on questions that are overly narrow in scope. The characterization of the issue in simplistic dichotomous terms has ignored complex realities of developing countries. The case of Brazil is to highlights the complex ways in which the local pharmaceutical industry has been shaped by and has responded to the regulatory framework that has been established since and including the passage of the 1996 Industrial Property Law.

Intellectual Property Rights, Innovation and Healthcare: Unanswered questions in Theory and Policy

2008 ◽  
Vol 10 (2) ◽  
Author(s):  
Smita Srinivas
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Property Rights ◽  
Technological Innovation ◽  
Intellectual Property Rights ◽  
Real World ◽  
Innovation Studies ◽  
Health Technologies ◽  
Property Regimes ◽  
Real Goal

Intellectual property regimes are usually presumed to exert positiveinducements on technological innovation. However, given the dire nature ofaccess to critical health technologies for most of the world’s population, it isworth revisiting this assumption for health technologies. This paper situatesintellectual property rights (IPRs) for health technologies at the intersectionof three fields: innovation studies, welfare theories, and international politicaleconomy. It revisits the conceptual underpinnings of property rights with particularrelevance for needs of today’s industrializing, or so-called “developing”countries. This paper argues that the debates on IPR have poorly exploredcounterfactuals in pharmaceuticals and biotechnologies where other meansof inducement may exist and innovations may arise in conditions where IPR iseither absent or irrelevant. To do this, it first discusses utility as a basis for IPRsand the challenges –philosophical, theoretical and most importantly, practical- intranslating this to real-world use. It draws on history to analyze pharmaceuticalprior drug generations and alternate inducements. The article offers a novelconceptual framework to study innovation in developing contexts where IPR can be specifically situated. If the real goal is accessible and affordable healthcare- anissue of immense importance worldwide- then we may need to cease barking upthe wrong tree of intellectual property rights.

Analysis The Role of Law in Protecting Intellectual Rights and Their Relationship to Social Welfare

2020 ◽  
Vol 2 (2) ◽  
pp. 18-26
Author(s):  
Wandi Subroto
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Social Welfare ◽  
Intellectual Property Rights ◽  
Integrated Circuit ◽  
The State ◽  
Industrial Property ◽  
Government Regulations ◽  
Binding Power

This study aims to analyze the role of law in protecting intellectual rights and their relationship to social welfare. This research belongs to the research that uses the juridical-normative method. The legal sources used in this study are secondary legal sources, which based on their legally binding power, consist of primary legal materials in the form of theories, norms, rules, and opinions of legal experts related to the intellectual property protection legal system associated with community welfare issues, and the role of strategy that the state can play besides the use of secondary and tertiary legal materials. Based on the study of legal sources, it can be seen that regarding the definition, recognition, and protection of intellectual property rights in Indonesia, it is regulated in the law and further regulated in Government Regulations. Intellectual property rights recognized and protected in Indonesia are Copyright and Industrial Property Rights, which consist of trademarks, patents, trade secrets, integrated circuit layout designs, and protection of plant varieties. This is very important to be maintained by the state, and the goal is to improve social welfare as mandated in the constitution.

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