Computers and the Law: The Protection of Intellectual Property

1978 ◽  
Vol 9 (1) ◽  
pp. 15-41 ◽  
Author(s):  
James Lahore
Keyword(s):  
Intellectual Property ◽  
Computer Technology ◽  
Computer Software ◽  
Legal Protection ◽  
The Law

With the development and widespread use of computer technology difficult questions relating to the legal protection which may be given to computer “software” must be considered. In this article Mr Lahore examines the existing law relating to intellectual property and discusses whether the Patents Act 1952 (Cth) and the Copyright Act 1968 (Cth), as they have been and may be inter-preted and applied, provide suitable and adequate protection for this computer software.

30. Computer technology and intellectual property

2019 ◽  
pp. 594-628
Author(s):  
Paul Torremans
Keyword(s):  
Intellectual Property ◽  
Computer Technology ◽  
Patent Protection ◽  
Computer Software ◽  
Computer Programs ◽  
Computer Hardware ◽  
The Internet ◽  
Semiconductor Chip

This chapter discusses five issues: the availability of patent protection for computer hardware and for computer software (computer programs); copyright in computer software; databases and the sui generis right; the Internet; and semiconductor chip protection.

Justifying Intellectual Property Protection

2011 ◽  
pp. 47-68 ◽  
Author(s):  
Kenneth Einar Himma
Keyword(s):  
Intellectual Property ◽  
Legal Protection ◽  
Intellectual Property Protection ◽  
Competing Interests ◽  
The Law

I argue that the law should provide limited protection of intellectual property interests. To this end, I argue that whether the law ought to coercively restrict liberty depends on an assessment of all competing interests. Further, I argue that the interests of content creators in controlling the disposition of the content they create outweigh the interests of other persons in using that content in most, but not all, cases. I conclude that, in these cases, morality protects the interests of content creators, but not the interests of other persons and hence would justify limited legal protection of the content creators’ interests.

scholarly journals LEGAL PROTECTION OF GEOGRAPHICAL INDICATIONS: NOVELTIES UNDER THE LEGISLATION OF UKRAINE

2020 ◽  
Author(s):  
Анатолій Кодинець ◽  
Анастасія Сідоренко
Keyword(s):  
Intellectual Property ◽  
Legal Protection ◽  
Geographical Indications ◽  
Geographical Indication ◽  
The European Union ◽  
Industrial Property ◽  
Association Agreement ◽  
The Law ◽  
Indication Of Origin ◽  
The Eu

The article deals with the features of legal protection of geographical indications in Ukraine. The basic international acts protecting geographical indications in Ukraine are outlined, including the Paris Convention for the Protection of Industrial Property of 1883, the Agreement on Trade-Related Aspects of Intellectual Property Rights in 1994. (TRIPS Agreement), which operates within the framework of the World Trade Organization and extends to goods originating in the Parties to the Agreement, Madrid Agreement 1891. and the Lisbon Agreement on the Protection of Designations of Origin and their  International Registration in 1958, (Ukraine is not a party to the last two agreements). It also outlines the main national legal acts that protect this object of intellectual property, including the Civil Code of Ukraine, the Law of Ukraine «On the Legal Protection of GeographicalIndications», the Law of Ukraine «On Protection against Unfair Competition» and others. The purpose of the study is to analyze changes in the legislation on the legal protection of geographical indications, which came into force on January 1, 2020 andbecame one of the ways to adapt the acts of national legislation to the law of the European Union in accordance with the commitments made by Ukraine after signing theAssociation Agreement with EU. These include changing the name of a special law that protects geographical indications. In addition, the change in terminology, the replacement of the term «indication of origin of goods» and its components by the term «geographical indication». The new also provides legal protection with homonymousgeographical indications; submitting an application for a geographical indication in electronic form, and at the same time providing a product specification and a description of its basic provisions. The article also addresses issues that remain unresolved, a large number of European geographical indications protected under the EU Association  Agreement and a very small number of registered geographical indications originating from the territory of Ukraine and the prospects of protecting national geographical indications in Ukraine and beyond.

scholarly journals LEGAL PROTECTION OF LURIK ART CONSERVATION THROUGH INTELLECTUAL PROPERTY RIGHTS 2 IN KLATEN REGENCYLEGAL PROTECTION OF LURIK ART CONSERVATION THROUGH INTELLECTUAL PROPERTY RIGHTS 2 IN KLATEN REGENCY

2019 ◽  
Vol 8 (2) ◽  
pp. 354
Author(s):  
Riska Andi Fitriono ◽  
Sarwono .
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Copyright Law ◽  
Moral Rights ◽  
Art Conservation ◽  
Economic Rights ◽  
The Law ◽  
The Right

This article aimed to analyze legal protection of Lurik Art Conservation Through <br />Intellectual Property Rights in Klaten Regency. Klaten is the area that is most<br />concerned with the survival of lurik weaving. There is someone mentioned that the<br />Klaten Regency was the capital of lurik weaving. Because the weaving of Looms<br />are not machines or Alat Tenun Bukan Mesin (hereinafter abbreviated to ATBM) <br />is a mainstay of this city. There are countless villages that become centers of lurik <br />craftsmen. This research is empirical or non-doctrinal research, which is a study<br />that sees the law not only from the perspective of legislation, but also sees the law<br />in its implementation. The results of the study show that the first legal protection in<br />preserving the current lurik art in Klaten, namely the Klaten Regency Government,<br />then stipulates the Regent's Regulation Number 53 of 2010 Article 23 Paragraph (9)<br />on the Daily Batik and Traditional Weaving Lurik Service or ATBM Striated and<br />the Klaten Regent's Decree Number : 065/1014/06 December 30, 2010 on Wearing<br />Traditional Weaving, Motives, Colors and Free Models with Attributes. Furthermore,<br />based on the Decree of the Regent of Klaten Number 050/84 of 2016 on Klaten<br />Regency's Superior Products, batik striated is one of the superior products of Klaten<br />Regency. With the issuance of these rules as an effort to protect and preserve lurik<br />art in Klaten district and referring to Law Number 28 of 2014 on Copyright, it has<br />regulated the forms of protection of lurik art in Klaten through Article 40 paragraph<br />(1). The Second Protection of Intellectual Property Rights Against Lurik Art, namely<br />Protection of lurik artworks, besides being accommodated in Law Number 28 of 2014<br />on Copyright (Copyright Law) and Trademark Law and other intellectual property<br />right laws. Elucidation of Article 40 paragraph (1) letter j of the Copyright Law. The<br />work is protected because it has artistic value, both in relation to the picture, style,<br />and color composition. The Copyright Act also emphasizes that it is important to<br />protect Copyright because every creator, in this case, the creator of the lurik motif<br />has the right to moral rights and economic rights.

scholarly journals THE COMPARISON OF LEGAL DAMAGES FOR COPYRIGHT & BRAND INFRINGEMENT AMONG INDONESIA-CHINA LAWS

2021 ◽  
Vol 8 (3) ◽  
pp. 466
Author(s):  
Heri Gunawan ◽  
Joni Emirzon ◽  
Muhammad Syaifuddin
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Trademark Law ◽  
Republic Of China ◽  
Trademark Infringement ◽  
Positive Law ◽  
The Law ◽  
The Right

Intellectual Property Rights or what is often abbreviated as HAKI is a legal protection given by a certain country to a person or group of individuals who express their ideas in the form of works. This law is a state territory. This means that a work will only be protected by rights in the country where the work originated to obtain IPR. As stated in the Copyright Laws, Intellectual Property Rights are exclusive rights granted by a regulation to a person or group of people for their copyrighted works. This protected work is in the form of intangible objects such as copyrights, patents, and trademarks and tangible objects in the form of information, technology, literature, art, skills, science, and so on. The idea of compensation law for copyright and trademark infringement in Indonesia, of course, can imitate the copyright law and trademark law of the People's Republic of China in regulating more clearly the calculation of the value of losses for copyright and trademark infringement in order to be able to provide legal certainty for the owner / rights holders whose rights have been violated. The research use normative juridical approach. The purpose of writing is to analyze and explain the calculation of compensation by looking at the criteria, evidence, basis, form and formulation of calculating compensation for copyright and trademark infringement. The results of the study stated that the law for compensation that arises as a result of copyright and trademark infringement according to positive law in Indonesia still does not regulate in detail the calculation of the value of the loss of both copyrights and trademarks. Copyright Act No.28 of 2014 and Trademark Act No.20 of 2016 only gives rights to the right owner/right holder to file a claim for compensation, but the law does not regulate how to determine the value of the loss for a copyright infringement as well as brands.

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 Some aspects of establishing the conformity of an industrial design to the criteria for protection

2021 ◽  
pp. 27-38
Author(s):  
Oleksandr Doroshenko ◽  
Liudmyla Rabotiahova
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Industrial Design ◽  
Legal Protection ◽  
Step Test ◽  
The Internet ◽  
The European Union ◽  
Administrative Procedure ◽  
Individual Character ◽  
The Law

Keywords: registered industrial designs, novelty, individual character, administrativeprocedure, invalidity The new edition of the Law of Ukraine «On the Protection of Rights to Industrial Designs» No. 3770-XII,adopted on October 14, 2020, introduced significant changes to the regulation of thelegal protection of industrial designs. The basic norms of the law were harmonizedwith the articles 212−217 Chapter 9 «Intellectual Property» of the Association Agreementbetween Ukraine, on the one hand, and the European Union, the EuropeanAtomic Energy Community and their Member States, on the other hand. The conceptsof «individual character», «the overall impression», «the informed user» and «thedegree of freedom of the designer», «the circles specializing in the relevant industry»have been introduced into the sphere of legal protection. These concepts were not previouslyused in the legislation of Ukraine. The article analyzes the content of theseconcepts on the basis of European law enforcement practice, Decision of the EuropeanUnion Intellectual Property Office Board of Appeal, Judgment of the Court of Justiceof the European Union и Judgment of the General Court of the European Union. Inaccordance with the new edition of the Law, an industrial design can be declared invalidin an administrative procedure. Authors reviewed the administrative procedure for establishing the conformity of a registered industrial design to the criteria for protection(a novelty and an individual character). A registered industrial design shall beconsidered to be new, if no identical design has been previously disclosed to the publicand to have an individual character if the overall impression it produces on the informeduser differs from the overall impression produced on such a user by any previouslydisclosed design. A design shall be deemed to have been made available to thepublic (i) if it has been published following registration or otherwise, or exhibited,used in trade or otherwise disclosed, (ii) except where these events could not reasonablyhave become known in the normal course of business to the circles specializing inthe relevant industry in Ukraine. Authors analyzed this two-step test. Particular attentionwas paid to the disclosure of industrial designs as a trade mark, copyrightwork, patent, utility model or otherwise on the Internet. Criteria for assessing disclosureof designs on the internet considered.

scholarly journals Perlindungan Hukum Kekayaan Intelektual Kerajinan Kuningan Tumang

2018 ◽  
Vol 20 (3) ◽  
pp. 401-419 ◽  
Author(s):  
Muhammad Fahmi Rois ◽  
Kholis Roisah
Keyword(s):  
Social Context ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Property Law ◽  
Legal Research ◽  
Intellectual Property Law ◽  
Empowerment Model ◽  
The Law

Tujuan penelitian ini adalah menjawab perlindungan hukum kerajinan tembaga dan kuningan tumang bernilai seni melalui hak kekayaan intelektual. Penggunaan HKI dalam perberdayaan pengrajin tumang penting untuk meningkatkan daya saing dan mendorong kreativitas. Metode penelitian yang dipakai adalah sosiolegal yaitu dengan melihat hukum dalam konteks sosialnya. HKI penting bagi ekonomi kreatif untuk menghindari pencurian ide dan hak cipta. Namun pengrajin tumang belum peduli dengan HKI kerajinannya. HKI dapat digunakan untuk meningkatkan daya saing dan meningkatkan kreativitas; terdapat beberapa faktor yang menghambat perlindungan HKI kerajinan Tumang. Model pemberdayaan yang efektif adalah dengan melibatkan pemerintah dan koperasi dalam pemberdayaan. Intellectual Property Law Protection on Brass Tumang Crafts This study aims to answer the legal protection of valuable copper and brass Tumang crafts through intellectual property rights. The use of intellectual property rights in empowering Tumang craftsmen is important to increase competitiveness and encourage creativity. This is socio legal research by looking at the law in its social context. Intellectual property rights is important for the economy creative and to avoid theft of ideas and copyrights. However, Tumang craftsmen have not cared about intellectual property rights of their crafts. Intellectual property rights can be used to enhance competitiveness and creativity; there are several factors that hinder the protection of intellectual property rights of Tumang crafts. An effective empowerment model is the involvement of government and cooperatives institution.

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