Commentaries & Analyses — STRATEGIC LICENSING IN THE NEW ECONOMY

2003 ◽  
Vol 07 (20) ◽  
pp. 1275-1284
Author(s):  
Dennis Fernandez ◽  
Charles R. Neuenschwander
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
New Economy ◽  
Business Plan ◽  
License Agreement ◽  
Application Process ◽  
Pros And Cons

What should your intellectual property concerns be in the "New" Economy? Besides providing a brief practical tutorial on legal intellectual property rights that concern you and your enterprise, this paper shall discuss how your intellectual property can become profitable. Learn how to make wise decisions concerning what to patent, as well as how to make patenting more affordable by speeding up the application process. Also learn how you can make intellectual property pay off by weighing the pros and cons of business acquisition, litigation, and strategic licensing. Learn how to create a licensing strategy that enhances your existing business plan. Finally, this paper will show you how to get the most out of your license agreement.

scholarly journals PENGECUALIAN PERJANJIAN HAK KEKAYAAN INTELEKTUAL DALAM HUKUM PERSAINGAN USAHA

FIAT JUSTISIA ◽  
2016 ◽  
Vol 9 (4) ◽  
Author(s):  
Dani Amran Hakim
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Rule Of Law ◽  
Integrated Circuit ◽  
Business Environment ◽  
License Agreement ◽  
The Rule Of Law ◽  
Article 50 ◽  
The Right

Law business competition in the country Indonesia know the exceptions  to assert that a the rule of law expressed does not apply for those kind certain agents or behavior particular activity. Law competition business environment in general grant an exemption on the basis of agreement , for example agreement intellectual property rights (IPR). IPR is incentives and reason was given the right monopolizes and protection because IPR need resources and time in an effort to get it, based on article 50 alphabet b Law on Business Competition. An exemption based on article 50 alphabet b Law on Business Competition the elaborated competition supervisory commission by issuing commission rules business competition supervisory Law Number 2 of 2009 on Exceptions The Application of the Law Number 5 of 1999 on Prohibition of Monopoly and Unfair Business Competition of a Pertaining to Intellectual Property Rights Scope arrangement based on Commission Rules Business Competition Supervisory Number 2 of 2009 is: (1) the license agreement that is in scope patent, the right brand, copyright, the right industrial design, the right design the layout integrated circuit and the right trade. (2) Trademark and brand services. (3) the design layout integrated circuit. Keywords: Exeptions, Intellectal Property Rights, Business Competition Law

scholarly journals Micro Medium and Small aEnterprise Human Resources’ Creativity in West Java Through Intellectual Property Rights (IPR) License in the Pandemic Covid-19 Situation

2021 ◽  
Vol 12 (4) ◽  
pp. 684-694
Author(s):  
Nina Nurani, Et. al.
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Human Resources ◽  
Intellectual Property Rights ◽  
Sampling Technique ◽  
Small Enterprise ◽  
License Agreement ◽  
Literature Study ◽  
West Java ◽  
Cross Sectional

The creativity of human resources at Micro, Medium and Small Enterprise (MSME) had an essential part for the development of MSME in recent Covid-19 pandemic situation. The matter of creativity was significantly required through an intellectual property rights (IPR) license agreement support; furthermore, resulted the optimization of economic as its exclusive right equitably protected. Regardless the license agreement owned by West Java MSMEs was inadequately appropriate. This study purposed to find out how the human resources creativity of West Java MSME and human resources creativity through intellectual property rights license agreement in in the Covid-19 situation. This study applied a cross sectional method, qualitative normative juridical and legal interpretation methods. The descriptive research specification was quantitative analysis, implementing purposive sampling technique to obtain thirty MSME respondents specifically in West Java. In addition, the data collection engaged literature study techniques. The results showed that the creativity of human resource at MSME might increase the demand for MSME products. The human resources creativity including person, process, press and product perspectives were fundamental in the development of MSME. It referred to an indication by the frequency of respondents in carrying out each perspective assessed as a necessity in developing MSME. Thus, intellectual property rights license agreement led to be required aspect in improving, protecting and developing the creativity of human resources, especially during the Covid-19 pandemic situation. It was proven by being understood and trusted by West Java MSME; nevertheless, the participation at the time of socialization was not optimal. In the other hand, West Java MSME had been propertied by the intellectual property rights license agreement. It related to procedural constraints, lack of information and also costs.

scholarly journals Economic and legal prospects of activation of science parks activity on the way to neoeconomics

2021 ◽  
pp. 82-96
Author(s):  
Oleksandr Butnik-Siverskyi
Keyword(s):  
Higher Education ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
The State ◽  
Research Institutions ◽  
Science Parks ◽  
License Agreement ◽  
Science Park ◽  
State Budget

Butnik-Siverskiy О. Economic and legal prospects of activation of science parks activity on the way to neoeconomics. The author researches and substantiates by generalizing the scientific points of view improving the legal regulation of the created science parks on the initiative of higher education institutionsand / or research institutions, taking into account the economic and legal prospect of intensifying their activities. National and foreign experience of science parks activity is considered. The content of using the founding agreement on creation of a science park and the agreement on partnership of business entities witha science park is provided. Problems that have not yet been resolved in the process of creating science parks and using innovative developments are noted. The classical content of entrepreneurship in innovation is provided and considered from the standpoint of clarifying the content of the innovation structure, which is based on the commercialization of intellectual property rights by their types, which is a part of the intellectual capital cycle with a corresponding effective result. There is substantiated the procedure of formation of the statutory capital of the science park, to which higher educational institutions and / or scientific institutions cannot use intellectual property rights to the objects, created at the expense of budgetary funds, but can only under the conclusion of a license agreement with business entity, having non-state and state form of ownership as transferred assets, which does not require the alienation of the object of intellectual property rights as part of intangible assets. It is proposed to use the target budget funds as the initial start-upcapital, which is provided on reverse terms to the state budget in case of closure (liquidation) of the science park by the decision of the founders or on the basis of a court decision. Alternatively, in the absence of target budget funds, it is proposed as a source of money to contribute to the statutory capital of the science park as a start-up capital to send part of the special fund of the state budget. It is justified the creation of a technology transfer office, which will be a structural unit of higher education institutions and / or research institutions, which will deal with the process of filing and reviewing a patent application and subsequent licensing. It isnoted that the science park can be the founder (co-founder) of small innovative enterprises and enter into partnership agreements with them for the implementation of certain innovative projects.Keywords: intellectual and innovation environment, science park, founding agreement, statutory capital, intellectual property rights, license agreement, legal status

Exercise of economic intellectual property rights to wellknown trademarks.

2021 ◽  
pp. 62-72
Author(s):  
Olena Tverezenko
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
License Agreement ◽  
Legal Entity ◽  
State Register ◽  
The Subject ◽  
The Law ◽  
The Right

The exercise of intellectual property rights is the realization bythe subject of intellectual property rights of moral and / or economic intellectual propertyrights, the content of which in relation to certain objects of intellectual propertyrights is determined by the Civil Code of Ukraine and other laws. The exercise of intellectualproperty rights is also the realization of economic intellectual propertyrights by other persons on the basis of the permission of the person who has the rightto allow the use of such object of intellectual property rights.The Law «On Amendments to Certain Legislative Acts of Ukraine ConcerningStrengthening the Protection and Protection of Rights to Trademarks and IndustrialDesigns and Counteraction to Patent Trolling» (which entered into force on August16, 2020) has аmended the Law of Ukraine «On Protection of Rights to Marks forGoods and Services» (hereinafter — the Law). The amendments have removed theprovision that a well-known trademark receives the same legal protection as thetrademark for which the certificate is issued. Such changes have created a gap in thelegislation in part of defining what does the exercising of intellectual property rightsto well-known trademarks include.In this connection the following questions arise: (1) can the right to use a wellknownmark (as well as the mark for which the certificate is issued) be the subject ofa license agreement, a commercial concession agreement; (2) whether it is possible tocontribute economic intellectual property rights to a well-known trademark to the authorizedcapital of a legal entity; (3) whether it is possible to transfer such rights onthe basis of an agreement on the transfer of economic intellectual property rights or to provide as collateral. We believe that these issues should be addressed through theadoption of appropriate amendments to Art. 25 of the Law.In our opinion, the right to use a well-known trademark may be the subject of licenseagreements and commercial concession agreements. According to the currentlegislation of Ukraine, it is impossible to transfer economic intellectual propertyrights to a well-known mark to another person.It is expedient to make changes to Art. 25 of the Law, which would provide necessityof creation and functioning of the State register of Ukraine of well-knowntrade marks.The introduction of the proposed amendments to the legislation of Ukraine in thefield of economic intellectual property will help to improve the relevant legal relationsrelated to the exercise of property rights to well-known trademarks.Key words: trademark, well-known trademark, economic intellectual propertyrights, exercise of economic intellectual property rights, assignment (transfer) of economicrights of intellectual property

scholarly journals Creative Economy in the Republic of Sakha (Yakutia)

2021 ◽  
Author(s):  
Anna Mikhaylova
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
New Economy ◽  
Educational Programs ◽  
Creative Industries ◽  
Creative Class ◽  
Creative Economy ◽  
Intellectual Work ◽  
The Republic

The article is devoted to the analysis of the concept of a new creative economy. Creative economy is a special sector of the economy, combining activities related to intellectual work, creativity. The creative economy is based on intellectual work, generating income not only from the final product created, but also from trading in its results and intellectual property rights as opposed to traditional factors of production. In the creative economy, the kreatosphere is formed. The kreatosphere is a type of activity in the creative economy. Features of the products of the creative economy are the high added values created by intellectual effort. On the example of the Republic of Sakha (Yakutia), accelerators of the development of the kreatosphere are highlighted: the development of educational programs, the preparation of creative, creative-minded specialists; support of innovation centers and investments in creative industries; development of creative projects. Keywords: new economy, creative economy, digital economy, kreatosphere, creative class, creativity

scholarly journals CONSTITUTIONAL RIGHT TO OWN, USE AND DISPOSE THE RESULTS OF INTELLECTUAL AND CREATIVE ACTIVITY: «JUSTIFIED EXPECTATION» FOR OBTAINING PROPERTY SUBJECT TO LEGAL PROTECTION

2021 ◽  
pp. 41-48
Author(s):  
Людмила Дешко
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Public Relations ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Case Law ◽  
Application Process ◽  
National Courts ◽  
Trademark Registration ◽  
The Right

In the science regarding Constitutional Law, the issue for restriction of intellectual property rights provokes lively discussions. When registration of trademarks, there increasingly raises a number of theoretical and practical questions: can the state "destroy" the legitimate expectations of the subjects of intellectual property rights by adopting certain legislative acts in order to fulfill its international obligations? Is the decision to apply the provisions of a bilateral agreement to the application for trademark registration, which came into force after the subject was filed into trademark application process, considered as interference into the peaceful use of property? Does the constitutional and legal mechanism for regulating public relations in the field of intellectual property on "expectativa jurídica" issue the need to be improved? The purpose of this article is to identify the conditions under which the applicant who has applied for registration of a trademark has the right to claim in respect of which he has a "justified expectation" of its implementation, as well as to identify conditions that allow national law or there is insufficient evidence in the settled case-law practice of National Courts to state that an applicant who has applied for registration of a trademark has a “justified expectation” protected by the provisions of the Article 1 of Protocol No. 1 to the Convention. Research methods is the general methods of scientific cognitivism as well as concerning those used in legal science: methods of analysis and synthesis, formal logic, comparative law etc. In order to benefit from the protection of Article 1 of Protocol No. 1 to the Convention, an applicant who has applied for registration of a trademark must be entitled to claim in respect of which he may affirm that he had at least a “justified expectation” for its implementation. The grounds for concluding that such a “justified expectation” is as follows: the availability of grounds for such a requirement within national law and the consistent practice of National Courts, which shows that the applicant does have sufficient grounds to obtain this very justified expectation. 2. The mentioned reasons allow to affirm about the lack of reasonable grounds within national law or in the settled case-law practice of National Courts that are to state that an applicant who has applied for registration of a trademark has “justified expectation” protected by provisions of the Article 1 of Protocol No. 1 to the Convention: 1) the applicant company had a right that is subject to a certain condition, which was terminated retroactively due to non-compliance with this condition, namely that it did not violate rights of the third parties; 2) there is a dispute/disputes about the registration of a trademark, which being taken into the Court processing in different countries; 3) the applicable rule of national law is sufficiently accessible, accurate and predictable; 4) the criteria for trademark registration are unclear, there are doubts about their proper interpretation, as well as the difficulties associated with the need to analyze various international instruments. Violation of the Article 1 of Protocol 1 is a retrospective interference by the legislator. The current legislation of Ukraine in the field of intellectual property on “expectativa jurídica” issues when filing an application for trademark registration, as well as on state interference regarding the “justified expectation” of the applicant companies needs to be improved in the light of the case-law practice of the European Court of Human Rights.

PROBLEMS OF EXHAUSTION OF THE EXCLUSIVE RIGHT TO EXPORT UNDER THE LEGISLATION OF UKRAINE

2017 ◽  
Author(s):  
Andriy Yevkov ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Point Of View ◽  
Individual State ◽  
License Agreement ◽  
Legal Norms ◽  
Domestic Legislation ◽  
The Right ◽  
Exclusive Right

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).

Clarifying Intellectual Property Rights for the New Economy

2001 ◽  
Author(s):  
Margaret M. Blair ◽  
Gary M. Hoffman ◽  
Salvatore P. Tamburo
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
New Economy
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