scholarly journals Intellectual Property Rights: Institutional Approach

Upravlenie ◽  
2016 ◽  
Vol 4 (1) ◽  
pp. 74-78
Author(s):  
Рогожин ◽  
S. Rogozhin ◽  
Сазанова ◽  
S. Sazanova

The authors consider the intellectual property rights from two points of view: legal theory and institutional economical theory. Contents of “intellectual property” and “intellectual rights” concepts have been revealed in this paper, and the necessity of their study has been justified not only from the legal point of view, but also from the economic one. The authors emphasize that the institutional economics in general and the economic theory of property rights, in particular, have a great potential in the study both of theoretical and practical aspects related to intellectual rights. According to the authors, it is the institutional approach which will create an effective legislation in this area.

2020 ◽  
Vol 27 (7) ◽  
pp. 1125-1147
Author(s):  
Ignat Kulkov ◽  
Björn Berggren ◽  
Kent Eriksson ◽  
Magnus Hellström ◽  
Kim Wikstrom

PurposeThis paper focuses on medical device university spin-offs (USOs), taking into account the peculiarities of financial and nonfinancial support and intellectual property rights (IPRs). The authors declare that these parameters play a significant role in business development at the early stages.Design/methodology/approachThis empirical data consist of individual and group interviews in Finland and Sweden, which are later inductively analyzed.FindingsThe results show that public financial support contributes to the formation and start of sales stages in small countries and local markets. However, at the validation stage, approaches for supporting entrepreneurship in the field of medical devices may differ. The ownership of IPRs assists in the development of entrepreneurship in the region due to the transfer of research results and researchers to the industry and increases the number of spin-offs and the cooperation of universities with business.Originality/valueThis contribution is in the identification of the key parameters for the formation, support and development of the USOs from the point of view of the availability of financial resources and the ownership of IPRs.


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.


2021 ◽  
Vol 38 (2) ◽  
pp. 129-142
Author(s):  
Nikola Milosavljević

A large variety of market relations are regulated by intellectual property rights, which represent legitimate monopolies correcting certain inefficiencies of a profit distribution on the market. In the following paper, the author examines the relations between design right and copyright using the comparative method. Firstly the author will analyze both resemblances and differences between these two intellectual property rights. The resemblance in protection object in particular makes available the cumulation of protected rights, in other words, the possibility of protecting industrial design by copyright, which will also be analyzed in the paper. Such work aims to comprehend the hybrid nature of design right as a right usually bypassed in a legal theory, and which is, in the author's opinion, especially interesting.


Author(s):  
Azer Tofig Safarov

Copyright protection is a priority orientation in the field of protection of intellectual property rights. Copyright does not allow other people to use the products of creative activity of authors without their permission. Copyright violaton causes the authors both material and moral damage. The copyright protecttion in jurisprudence implies the set of measures aimed at the restoration and recognition of copyright in case of their violation and also it protects the interests of the owner of these rights in violation or contestation of copyrights. The copyright protection is carried out in accordance with the procedure established by law, i.e. by applying of necessary forms, means and methods of protection. From this point of view, the copyright protection is divided to judicial and non-judicial (pre-judicial protection and protection by judicial procedure).


2021 ◽  
Vol 7 (1) ◽  
pp. 92-106
Author(s):  
Dorin Cimil ◽  
◽  
Olesea Plotnic ◽  

The issue under investigation concerns whether personal data or personal information from the point of view of intellectual property constitutes as such a commodity or economic potential, which may be subject to alienation and registration as an object protected by the intellectual property system or represent a non-commercial object, without circulation in civil relations, with a special legal regime, connected to the fundamental human rights and freedoms. Recognition of personal data and other categories of information, related to the person (geolocation data, user-generated content) in terms of intellectual property rights as objects of civil rights, would allow the development of the data market, necessary for the functioning of innovative technologies on big data, cognitive calculations, the Internet of goods, and bringing these technologies into a legal and civilized field. The objective of the article is to appreciate whether personal data is subject to any intellectual property rights by the assessment of EU jurisprudence in line with national legal framework of the Republic of Moldova.


Author(s):  
Олександр Бутнік-Сіверський

The article summarizes theoretical and methodical problems related to the need to create a logical valuation theory and methodology of intellectual property, identification and valuation of intellectual property rights and its relation to accounting; the problem of methods of valuation of intellectual property rights within their subject characteris considered, as well as identification of the majority of intellectual resources that take part in production and contribute to the improvement of product quality, technological update, innovative orientation of economic processes; the need to strengthen the state policy of carrying out the valuation of intellectual property rights in relation to intangible assets within the objects of intellectual propertyrights (OIPRs) has been considered. The author analyzes the relationship to the value appraisal of OIPRs, which is most often done by using a narrow range of methods (approaches) within the generally recognized: income, cost and market (comparative) approaches, that affects the limitation of the selected methods of valuation, leads to a template use of valuation methodic without a variety of  OIPRs that have specific features of their use. Also it is disclosed the meaningful meaning of the development of a single terminology and value classification, whichcan be carried out on the basis of synthesis of foreign experience in the field of valuation and value management, as well as the analysis of valuation standards.The problem became due to the OIPRs conducting of value appraisal of the advanced intellectual capital, that is complicated by the fact that by economic essence it does not belong to the traditional assets of the enterprise and has its own peculiarities. It is urgent to rethink existing standards on valuation and supplement them with new ones in the direction of minimizing fundamental contradictions between the traditional accounting methodology and the valuation of OIPRs, taking into account the peculiarities of the development of the information and intellectual economy. It is methodically detailed by the economic content the techniques used to determine the value of OIPRs, which are divided into three groups: approaches, methods and methodologies, from the point of view of economic content, conditions of application and valuation procedure, as well as requirements for the appraisal of the value of OIPRs in the privatization of state enterprises and  organizations. The author considers the problems of organization of training of professional ppraisers in Ukraine taking into account the requirements of State Property Fund of Ukraine and their legal support.


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.


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).


Cyber Crime ◽  
2013 ◽  
pp. 902-917
Author(s):  
Pedro Pina

In cyberworld, intellectual property rights and the right to informational self determination have become two realities in tension. Nevertheless, they are two main concerns of the e-commerce stakeholders. From the industry point of view, new digital technologies, left unregulated, may allow a free flow of information and unauthorized access to contents both from consumers or competitors; from the consumers’ perspective, security and privacy concerns are the major barriers to contracting on-line. The goal of the present chapter is to understand the relationship between anti-piracy oriented private electronic surveillance and consumers’ privacy. If, on the one hand, the enforcement of intellectual property is a laudable activity – since the recognition of economic exclusive rights is an incentive to artistic or scientific creation and the protection of the investments is an ICT industry’s legitimate interest –, on the other hand, the individual’s privacy sphere is one of the most important values and personal freedoms that law, including intellectual property law, must preserve.


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