The legitimacy of protecting intellectual property rights

This article provides an analysis of existing international mechanisms for protecting intellectual property rights and concludes whether investment arbitration can be an effective forum for resolving intellectual property disputes. It focuses on an examination of the scope of intellectual property rights protection by bilateral investment agreements, as well as the specifics of the investment dispute resolution procedure. In addition, the analysis includes an assessment of the territoriality principle of intellectual property rights and its application in Ukrainian law, as well as an examination of international investment treaties concluded with Ukraine to determine the scope of protection afforded to intellectual property.

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Dasar-Dasar Pemikiran Perlindungan Hak Kekayaan Intelektual

PROGRESIF: Jurnal Hukum ◽

10.33019/progresif.v15i2.1998 ◽

2020 ◽

Vol 15 (2) ◽

pp. 193-208

Author(s):

Darwance Darwance ◽

Yokotani Yokotani ◽

Wenni Anggita

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Intellectual Property Rights ◽

Moral Rights ◽

Economic Rights ◽

Natural Right ◽

Intellectual Abilities ◽

Long Time ◽

Basic Ideas ◽

Protecting Intellectual Property

Basically, humans are born with different intellectual abilities in processing their thougths and produce somethingfrom that thought. Therefore, it is important to provide protection for the results of thought through the intellectual property rights regime. However, in practice there are still many cases where the intellectual property of a person or agroup or a legal entity is used without prior permission. This juridical normative research examines fundamental thoughts for the protection of the results of one's thinking which is called intellectual property rights. There are several thoughts which become form the basis for protecting intellectual property rights; they are the natural right protection to reputation that has been built over a long time and quite high cost and also as a form of compensation and encouragement for people to create or find something.With the basic ideas behind the protection of IPR, the protection provided will be maximized, and the results of one's thinking will be more respected, both moral rights and economic rights

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LEGAL ASPECTS OF EXISTENCE OF INTELLECTUAL PROPERTY IN THE INTERNET

Construction economic and environmental management ◽

10.37279/2519-4453-2020-1-70-80 ◽

2020 ◽

pp. 70-80

Author(s):

O.V. Boychenko ◽

O.Yu. Smirnova

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Intellectual Property Rights ◽

Russian Federation ◽

Legal Aspects ◽

The Internet ◽

Legislative Process ◽

The Russian Federation ◽

The Government ◽

Protecting Intellectual Property

The article considers the legal aspects of the existence of intellectual property on the Internet. The main regulatory documents governing the relationship between the use of intellectual property on the Internet are analyzed, such as: the WIPO international convention, the Civil Code of the Russian Federation, part 4; Decree of the Government of the Russian Federation of 09.02.2012; The latest edition of the Constitution of the Russian Federation. In the form of a structural and didactic scheme are presented: objects of intellectual property, means of individualization; an algorithm for the interaction of participants in the legislative process to seize illegal content. Features of the problems of protecting intellectual property rights on the Internet, the main causes of violation of intellectual property rights and ways of protecting intellectual property are presented. The losses of various sectors of society from Internet piracy are given. The basic tools of copyright infringement on the Internet are described, as well as existing methods of confirming copyright in content.

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