Cancellation and Loss of Trade Mark Rights

Author(s):  
Annette Kur ◽  
Martin Senftleben

Different from other intellectual property rights, rights vested in a trade mark do not have a finite duration; they can last ‘forever’. Under systemic aspects this is due to the fact that as long as the message conveyed by the sign is correct it would be contrary to the interest of consumers to let it lapse and fall back into the public domain. Also, from a competition point of view there is no need to terminate protection as long as the right holder keeps using the sign and the designated goods and services themselves are not subject to market exclusivity.

SEEU Review ◽  
2015 ◽  
Vol 11 (1) ◽  
pp. 145-158 ◽  
Author(s):  
Jelena Ristik

Abstract Property rights are integral part of the freedom and prosperity of every person, although their centrality has often been misprized and their provenance was doubted. Yet, traces of their origin can be found in Magna Carta, signed by the King of England in 1215. It was a turning point in human rights. Namely, it enumerates what later came to be thought of as human rights. Among them was also the right of all free citizens to own and inherit property. The European Convention on Human Rights was heavily influenced by British legal traditions, including Magna Carta. Among other rights, it also guaranties the right to property as a human right. Moreover, the protection of property rights has been extended to intellectual property rights as well. Namely, the European Court of Human Rights has provided protection of intellectual property rights through the adoption of decisions that interpret the right to property, in relation to intellectual property protection claims. It has extended the human rights protection of property to the mere application for registration of the trade mark. This paper has placed its focus on the development and treatment of the right to property starting from Magna Carta to the European Convention on Human Rights, as modern version of Magna Carta. In this sense, the jurisprudence of the European Court of Human Rights and its role and approach in the protection of the right to property will be examined as well.


2021 ◽  
Vol 75 (2) ◽  
pp. 52-59
Author(s):  
Victoria Shekhovtsova ◽  

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.


2019 ◽  
Author(s):  
ega yuliani

AbstractIntellectual Property Rights are rights derived from the work, initiative and creativity in the form of a real man. Intellectual Property rights consist of privately owned property and Industry. Patents are part of Intellectual Property Rights in Industry. Patents are granted the right of the government and is exclusive. Exclusive rights of patent holders is the production of a patented item, usage and sales of goods and deeds relating to the import and sale of such goods store. Legal protection of intellectual property rights in the patent field ketetentuan regulated in Law Number 14 of 2001. In chapter 8, paragraph (1) time protection for 20 years from the date of receipt and can not be extended. And Article 9 set period of patent protection for simple for 10 (ten) years and can not be extended. Protection of intellectual property rights is no guarantee to the public to respect the right of initiative and the reaction and to provide protection will upload their work. The higher appreciation of the intellectual property rights of a nation then the future will be better.


2018 ◽  
Author(s):  
M Fadel Zulkarnain

AbstractIntellectual Property Rights are rights derived from the work, initiative and creativity in the form of a real man. Intellectual Property rights consist of privately owned property and Industry. Patents are part of Intellectual Property Rights in Industry. Patents are granted the right of the government and is exclusive. Exclusive rights of patent holders is the production of a patented item, usage and sales of goods and deeds relating to the import and sale of such goods store. Legal protection of intellectual property rights in the patent field ketetentuan regulated in Law Number 14 of 2001. In chapter 8, paragraph (1) time protection for 20 years from the date of receipt and can not be extended. And Article 9 set period of patent protection for simple for 10 (ten) years and can not be extended. Protection of intellectual property rights is no guarantee to the public to respect the right of initiative and the reaction and to provide protection will upload their work. The higher appreciation of the intellectual property rights of a nation then the future will be better. Keywords: Intellectual Property Rights, Patent Protection


2018 ◽  
Author(s):  
ega yuliani

AbstractIntellectual Property Rights are rights derived from the work, initiative and creativity in the form of a real man. Intellectual Property rights consist of privately owned property and Industry. Patents are part of Intellectual Property Rights in Industry. Patents are granted the right of the government and is exclusive. Exclusive rights of patent holders is the production of a patented item, usage and sales of goods and deeds relating to the import and sale of such goods store. Legal protection of intellectual property rights in the patent field ketetentuan regulated in Law Number 14 of 2001. In chapter 8, paragraph (1) time protection for 20 years from the date of receipt and can not be extended. And Article 9 set period of patent protection for simple for 10 (ten) years and can not be extended. Protection of intellectual property rights is no guarantee to the public to respect the right of initiative and the reaction and to provide protection will upload their work. The higher appreciation of the intellectual property rights of a nation then the future will be better.


2004 ◽  
Vol 53 (2) ◽  
Author(s):  
Andreas Bielig ◽  
Heiko Haase

AbstractWith the topic “patents from universities”, the article deals with a current problem of university policy that up to now only has been discussed in detail and controversially within the political context. It intents an economic analysis of the recent legal changes regarding the abolition of the privilege of full professors on university inventions (Hochschullehrerprivileg). By this, the universities are granted the right of use and exploitation of inventions emanating from such institutions. The article analyses the conflict between the traditional publication as well as the public disposal of research outcomes and the possible exploitation strategies on new findings generated by universities. Based on the Intellectual Property Rights Theory it discusses different uses of university patents and draws conclusions for an university patent policy pointing out implications for research and teaching activities, the financing of universities as well as their role in innovation policy.


Author(s):  
Andriy Yevkov ◽  

The article examines the problems of normative establishment in the legislation of Ukraine of the exclusive right to export goods containing protected intellectual property objects, as well as the conditions and grounds for applying of legal norms enshrining the principle of exclusive intellectual property rights exhaustion to the exclusive right to export. Considering the limitation of the protection of exclusive rights to the territory of each individual state, the paper examines the problems of the territorial aspect (territorial models) of the exhaustion of rights, as well as the influence of exclusive rights to import, distribution and export on the implementation of international trade. The article notes that the right to export is directly established in the current domestic legislation of Ukraine only in respect of certain protected intellectual property objects, and substantiates the view that, given the inexhaustible list of property rights (ways of usage) for many other protected objects, the exclusive right of rightholders to export must also be recognized in respect of such objects. Concerning the implementation of export operations by the licensee the paper substantiates the point of view according to which, if in the license agreement the territory of validity of licensing rights is limited to the territory of Ukraine, then the licensee receives permission for distribution within the scope of this subjective right (i.e. within Ukraine) and, accordingly, is not entitled to export if there are no compelling reasons to consider such a prohibition as a way of restricting competition, abuse of right, etc. Regarding the export of goods by their purchasers after the first legal sale of such goods in a particular country, the paper notes that, despite the lack of direct instructions in the legislation, it can be assumed that the exclusive right to export should be exhausted after the first legal sale of goods containing protected objects, unless there are other grounds to believe that the export of such goods may further harm the rights and essential interests of the rightholder in the country where such initial introduction of goods into circulation took place (in the country of origin of the goods).


Author(s):  
Rebecca Tushnet

This chapter describes the principal arguments about intellectual property rights as mechanisms for promoting the public interest, as opposed to particular private interests. Public interest arguments typically feature in balancing accounts of intellectual property rights that evince concern for the distribution of benefits as well as for the production of new works or inventions. Public interest rationales also often feature in justifications both for the rights themselves and for limitations or exceptions to those rights when private control of an intellectual resource would not promote the general welfare. The chapter considers patents, copyright, trademarks, and related rights, including the right of publicity. It concludes by examining various challenges faced by public interest accounts.


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