Article 23—Common Provisions

2021 ◽  
pp. 408-408
Author(s):  
Eleonora Rosati
Keyword(s):  
Computer Program ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Legal Protection ◽  
Computer Programs ◽  
Member States ◽  
Adjustment Mechanism ◽  
The Common ◽  
The Right

This chapter covers the common provisions in Article 23 of the copyright order in Europe, Directive 2019/790. It refers to Member States that are required to ensure that any contractual provision that prevents compliance with the transparency obligation and contract adjustment mechanism will be unenforceable in relation to authors and performers. It also looks at the legislation that causes non-compliance with the alternative dispute resolution procedure. The chapter points out that the provisions on the right of revocation do not apply to authors of a computer program within the meaning of Article 2 of Directive 2009/24/EC on the legal protection of computer programs. It emphasizes that the principle of appropriate and proportionate remuneration in Article 18 of Directive 2019/790 do not affect individuals involved in computer programs.

Article 21—Alternative Dispute Resolution Procedure

2021 ◽  
pp. 393-399
Author(s):  
Eleonora Rosati
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Member States ◽  
Adjustment Mechanism

This chapter deals with the alternative dispute resolution procedure outlined in Article 21 of the copyright order in Europe, Directive 2019/790. It examines disputes concerning the transparency obligation and the contract adjustment mechanism that may be applied for a voluntary, alternative dispute resolution procedure. It also refers to Member States that are required to ensure that representative organisations of authors and performers may initiate dispute resolution procedures at the specific request of one or more authors or performers. The chapter explains why authors and performers are often reluctant to enforce their rights against their contractual partners before a court or tribunal. It looks at the task of Member States to provide for an alternative dispute resolution procedure that addresses claims by authors and performers, or by their representatives on their behalf, related to obligations of transparency and the contract adjustment mechanism.

scholarly journals Penyelesaian Perkara Pelanggaran Hak atas Merek

2020 ◽  
Vol 1 (2) ◽  
pp. 67-71
Author(s):  
I Gede Mahendra Juliana Adiputra ◽  
Ida Ayu Putu Widiati ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Research Method ◽  
Legal Protection ◽  
Geographical Indications ◽  
Legal Research ◽  
The Law ◽  
The Right ◽  
Mutual Agreement

The existence of competition causes the original brand owner to feel disadvantaged because the sales result has decreased. It is permissible for someone to use another party's mark as long as they ask permission from the trademark owner first. The owner can give trademark rights to other people as agreed in an agreement. The formulation of the problem in this research is as follows: how is the legal protection of trademark rights and how to resolve violations of trademark rights. The research method used in this research is normative legal research. The results of the discussion in this study are as follows: Legal protection of the right to a trademark has been regulated by Law Number 20 of 2016 concerning Trademarks and Geographical Indications, in the provisions of the Law it is expressly stated that if it has been registered in the law that the right to a trademark has been protected. The sanction imposed on the perpetrator of the crime of trademark rights is a fine of Rp. 20,000,000, - (twenty million rupiah) on condition that if the fine is not paid, he will be subject to imprisonment for 6 (six) months. Settlement of trademark cases can be carried out through institutions that can be used to resolve trademark disputes, including: Alternative Dispute Resolution, Arbitration and Courts. Alternative dispute resolution wants the disputing parties to resolve their own dispute with the aim of obtaining a mutual agreement, if the agreement fails, can take arbitration, namely the disputing parties to be able to resolve the dispute to the arbitration institution based on the agreement, furthermore, if the arbitration is successful the last action is through the court, namely the commercial court which has the authority to adjudicate trademark disputes.

scholarly journals Sharia Principles in the Financial Services Authority Regulation on Dispute Settlement Alternatives

2021 ◽  
Vol 5 (1) ◽  
pp. 56
Author(s):  
Ro'fah Setyowati ◽  
Bagya Agung Prabowo
Keyword(s):  
Dispute Resolution ◽  
Financial Services ◽  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
Service Industry ◽  
Legal Protection ◽  
Normative Study ◽  
Finance Industry ◽  
Banking Institutions ◽  
The Right

There is a legal disharmony with the Sharia Banking Law in the regulation on alternative dispute resolution institutions. This problem arises because the regulation does not pay attention to sharia principles, as mandated by Article 55, Paragraph 3 of the Sharia Banking Law. Meanwhile, the application of sharia principles is a spiritual right of consumers which also requires legal protection. This research is intended to assess alternative dispute resolution institutions' regulations, particularly Financial Services Authority Regulation from a consumer protection perspective, particularly spiritual rights. This research is categorized as an empirical normative study, using a philosophical, historical approach and a content analysis of the Financial Services Authority Regulation. The results of this study indicate that the Financial Services Authority Regulation on Alternative Dispute Resolution Institutions has not accommodated spiritual rights in dispute resolution for the Islamic banking industry. A weak understanding of spiritual rights causes it in the context of dispute resolution. It also creates another problem in the form of a lack of attention and policies that support the protection of spiritual rights, both in regulatory and banking institutions. In the context of dispute resolution, there are general consumer rights, such as the right to get advocacy, while the application of sharia principles is a special right. Based on these findings, it is recommended that regulatory institutions, particularly the Financial Services Authority, pay adequate attention to the entire financial service industry under their respective characteristics. It is an important matter because the protection of spiritual rights supports the development of the Islamic finance industry both in Indonesia and globally.

scholarly journals Copyright protection for computer programs

2021 ◽  
pp. 5-14
Author(s):  
Konstiantyn Zerov
Keyword(s):  
Computer Program ◽  
Copyright Protection ◽  
Legal Protection ◽  
Computer Programs ◽  
Copyright Law ◽  
Copyright Holder ◽  
Source Codes ◽  
Object A ◽  
The Public ◽  
The Right

Zerov K. Copyright protection for computer programs. The article discusses the main approaches to the legal protection of software, particularly computer programs, in accordance with the current legislation of Ukraine and foreign practices. It is concluded that copyright allows to adequately protect the forms of expression of a computer program: object and source codes of the program. It is noted that a computer program shall be protected if it is original in the sense that it is the author's own intellectual creation, and no other criteria shall be applied to determine its eligibility for protection in Ukraine. Like any other copyright object, a computer program has «legally indifferent» and «legally significant» elements of the form of expression. The legally indifferent elements of a computer program should include a) elements dictated by the efficiency of a computer program; (b) elements that are dictated by external factors; and (c) elements that the original programmer had taken from the public domain. The main approaches to the use (copying) of the source or object code of computer programs as part of other computer programs are given: «literal copying» and «non-literal copying.» It is concluded that «non-literal copying» of a computer program cannot violate the copyright law in Ukraine since the ideas and principles on which any element of a computer program is based are not protected by copyright. It is assumed that the modification of a computer program by eliminating technical means of protection and further use of computer program gives grounds to qualify such actions as two separate types of copyright infringement: infringement of the copyright holder's property rights and deliberately circumventing technical means of copyright protection. It is noted that in some scenarios, theuse of works under the limitation of copyright without circumvention of technical means may be impossible. The proposal to legislatively provide for the possibility of a person who has the right to freely use work to contact the copyright holder with a request to remove technical means solely for such use, as well as cases of permissible circumvention of technical means, has been made.Keywords: computer program, copyright, literal copying, non-literal copying

scholarly journals Promoting Democracy through the Work of the EU Ombudsman

2020 ◽  
Vol 4 (1) ◽  
pp. 5-16
Author(s):  
Reka Friedery
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Fundamental Rights ◽  
Political Crisis ◽  
Direct Link ◽  
Member States ◽  
The Right ◽  
The Eu

The EU is in an economic, social and political crisis, and there are vital expectations to enhance and restore trust, openness and transparency. The EU bodies which bring the EU and its citizens closer to each other gain even more importance. This paper will demonstrate that alternative dispute-resolution forums, like the office of the EU Ombudsman, have a multidirectional function. It was established to strengthen the fundamental rights of citizens and to enhance a more citizen- -friendly EU administration. The analysis highlights the forum’s importance in changing horizontal relations between different stakeholders into vertical during its procedure, for instance between EU institutions and EU citizens. The presentation of research explores these relations by analysing complaint cases and the EU Ombudsman-related cases of the CJEU. The paper argues that the right to complain to the EU Ombudsman, who is a direct link between EU institutions and EU citizens, and the potential of changing the above-mentioned functions, can strengthen the trust of Member States’ citizens and help them identify as European citizens. The cornerstone of this argument are the relations between the EU citizens, institutions and the Ombudsman.

scholarly journals Legal Protection Of The Creator Of Online SKCK Computer Programs Which Hasn't Be Registered Under Law Number 28 Year 2014

2020 ◽  
Vol 1 (1) ◽  
pp. 24-40
Author(s):  
Tassaufi Ariefzani
Keyword(s):  
Computer Program ◽  
Legal Protection ◽  
Computer Programs ◽  
Moral Rights ◽  
Real Form ◽  
Economic Rights ◽  
Art And Literature ◽  
The Right ◽  
Exclusive Right ◽  
Made In

Copyright is one part of intellectual property that has the broadest scope of protected objects, because it includes science, art and literature (art and literary) which includes computer programs. Copyright is a special right for the creator or recipient of the right to announce or reproduce the copyright or give permission for it in the fields of science, art, and literature, with certain restrictions. In Article 1 point 1 of Law No. 28 of 2014 concerning Copyright (hereinafter abbreviated as UUHC) it is regulated that copyright is the exclusive right of the creator which arises automatically based on the declarative principle after a work is realized in real form without reducing restrictions in accordance with statutory provisions - invitation. Anform of legal protection for creators of SKCK computer programs online unregistered, that computer programs are including works protected by law. The creator has an exclusive right that is moral rights and economic rights, and the rights are published since an idea is realized in a tangible form, copyright occurs not because of registration of the creation. The creator has the right to obtain proactive and repressive legal protection for the work if the rights are violated. The legal strength of theSKCK computer program online that has not been registered under Law No. 28 of 2014, that the registration of a work is not a requirement and for registrants to be considered as the creator, but if a work is transferred and the transfer of the work is not made in writing as referred to in Article 16 paragraph (2) letter e UUHC, then because it is a must, the transfer of copyright without being made in writing, either under the deed of hand or an authentic deed, is considered to have never occurred a transfer of copyright and there is no written evidence if disputed on the basis of copyright infringement.

Part II The Member State Reports on Transposition of the Directive, 16 Spain

2018 ◽  
Author(s):  
Marcos Francisco
Keyword(s):  
Member State ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Competition Law ◽  
Civil Procedure ◽  
General Overview ◽  
Full Compensation ◽  
The Right

This chapter examines the transposition of the Antitrust Damages Directive in Spain. It begins with a general overview of the transposition process, focusing on the Transposition Decree that inserts new articles in the Defence Competition Act of 2007 and in the Civil Procedure Act. It then describes the material, territorial, and temporal scope of the Transposition Decree before analysing the main issues concerning antitrust damages claims affected by the Transposition Decree or that may be relevant in future actions for damages, such as those relating to the jurisdiction of competent courts to decide damages claims based on infringements of competition law, the right to full compensation, joint and several/parental liability, passing-on of the harm and claims by indirect purchasers/suppliers, the limitation period for bringing damages claims, the use of alternative dispute resolution procedures, measures to facilitate claims, and collective claims and consumer redress.

Alternative Dispute Resolution and Individual Workplace Rights: The Evolving Role of Fair Work Australia

2011 ◽  
Vol 53 (5) ◽  
pp. 718-732 ◽  
Author(s):  
Therese MacDermott ◽  
Joellen Riley
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Access To Justice ◽  
Traditional Role ◽  
Adverse Action ◽  
Recognition And Enforcement ◽  
Workplace Rights ◽  
The Right ◽  
Resolution Processes

This article examines the dispute resolution practices of Fair Work Australia that are evolving to deal with individual workplace rights, as its traditional role shifts away from conciliating and arbitrating collective industrial disputes. The workplace rights enshrined in the ‘general protections’ provisions in Part 3-1 of the Fair Work Act 2009 protect employees and prospective employees from any ‘adverse action’ taken against them because they are exercising a workplace right, or because they fall within one of the protected categories, such as the right to be free from discrimination. A broad range of alternative dispute resolution processes is now available to Fair Work Australia in dealing with such disputes. Alternative dispute resolution processes are seen as a way of avoiding costly and time-consuming litigation, and in some circumstances can improve access to justice for individuals. This article explores whether Fair Work Australia is likely to adopt different dispute resolution approaches from its traditional conciliation practices when managing ‘general protections’ applications, and whether the framework for dealing with these disputes will facilitate fair recognition and enforcement of workplace rights.

scholarly journals Forms of consumer protection

2021 ◽  
Vol 59 (3) ◽  
pp. 227-267
Author(s):  
Dragan Vujisić ◽  
Milan Rapajić
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Alternative Dispute Resolution ◽  
Administrative Procedure ◽  
Consumer Protection Act ◽  
Civil Proceedings ◽  
The Law ◽  
Administrative Proceedings ◽  
The Right ◽  
Judicial Protection

The authors point to the plurality of forms of consumer protection. Private law form of consumer protection is individual protection in civil proceedings. The protection of the collective interests of consumers in most European legal systems is achieved through litigation. The Consumer Protection Act entrusts the protection of the collective interests of consumers to administrative bodies, which is realized in administrative proceedings, whose rules are characterized by considerable differences in relation to the rules provided by the Law on General Administrative Procedure. A significant unit is dedicated to the mechanism of alternative dispute resolution, especially arbitration and mediation. The shortcomings of the Law on Consumer Protection regarding certain contradictory provisions are pointed out. The legislator stimulates alternative dispute resolution, and on the other hand stipulates that contracting one of these methods does not affect the right to judicial protection. The paper also analyses the inspection.

scholarly journals Perlindungan Pemilik Rahasia Dagang Dalam Perjanjian Waralaba

2019 ◽  
Vol 4 (2) ◽  
Author(s):  
Anik Tri Haryani
Keyword(s):  
Intellectual Property ◽  
Dispute Resolution ◽  
Intellectual Property Rights ◽  
Alternative Dispute Resolution ◽  
Legal Protection ◽  
Trade Secret ◽  
Trade Secrets ◽  
Conceptual Approach ◽  
Legal Consequences ◽  
Research Show

Tight business competition requires creativity for entrepreneurs to stay competitive by seeking new breakthroughs in developing their businesses. Many franchise models are chosen to develop businesses. One of the criteria for franchising is the Intellectual Property Rights that have been registered including trade secrets. The purpose of this study is to examine the legal protection of trade secret owners in a franchise agreement, and legal consequences if there is a violation of trade secrets in the franchise agreement. The method used in this study is juridical normative with a law approach and conceptual approach. The results of the research show that the protection of trade secrets in the franchise agreement can be done by making an agreement which contains a confidential information, non disclosure agreement clause, a non compete agreement as well as a non solicitation agreement clause. Legal consequences in the event of a violation of trade secrets in the franchise agreement can be prosecuted civilly by paying compensation through a lawsuit to court or can be resolved through arbitration or alternative dispute resolution. In addition, it can also be prosecuted according to Article 17 paragraph (1) of Law Number 30 of 2000 concerning Trade Secrets with the penalty of imprisonment of a maximum of two years and a maximum fine of three hundred million rupiah.

Sign in / Sign up

Export Citation Format

Share Document