Intellectual property law: Industrial property

2019 ◽  
Author(s):  
Любовь Гончаренко ◽  
Lyubov' Goncharenko ◽  
Ольга Лосева ◽  
Ol'ga Loseva ◽  
Владимир Павлов ◽  
...  
Keyword(s):  
Higher Education ◽  
Intellectual Property ◽  
Integrated Circuits ◽  
Legal Regulation ◽  
Patent Law ◽  
Educational Process ◽  
Federal State ◽  
Industrial Property ◽  
Patent Rights ◽  
The Government

The textbook reveals the features of legal regulation of industrial property. The book deals with the General provisions of patent law, subjects and objects of patent rights, the concept and content of patent rights. Special attention is paid to non-traditional objects of intellectual property: selection achievements, secrets of production (know-how), topologies of integrated circuits, issues of legal regulation of trade names, trademarks, commercial designations and appellations of origin of goods are subject to consideration of their evaluation. For better assimilation of the material, each Chapter of the textbook ends with a workshop, which includes a thesaurus, control questions and tasks, practice-oriented and test tasks, a list of recommended sources. Meets the requirements of the Federal state educational standard of higher education of the last generation. The textbook is intended for use in the educational process in the direction of training 40.03.01 "Jurisprudence" (bachelor level) at the Financial University under the Government of the Russian Federation, as well as in legal educational institutions of higher education.

Intellectual property: Literary property

2019 ◽  
Author(s):  
Инна Кулешова ◽  
Inna Kuleshova ◽  
Римма Рахматулина ◽  
Rimma Rahmatulina ◽  
Ольга Рузакова ◽  
...  
Keyword(s):  
Higher Education ◽  
Intellectual Property ◽  
Educational Process ◽  
Intellectual Property Right ◽  
Federal State ◽  
Educational Organizations ◽  
Intellectual Activity ◽  
Educational Standard ◽  
The Government ◽  
State Educational

The textbook is devoted to questions of art property. He contains the analysis of general provisions of intellectual property right, a concept of results of intellectual activity, the intellectual rights and their types. The questions concerning copyright including copyright sources, a concept and contents of copyright, subjects of copyright, free use of subjects of copyright, the rights for the computer programs and databases, subjects of copyright are in detail considered and also I am right, adjacent to copyright. For the best digestion of material each chapter of the textbook comes to the end with a practical work which includes the thesaurus, control questions and tasks praktiko-focused and test tasks, the list of the recommended sources. Conforms to requirements of the Federal state educational standard of the higher education of the last generation. The textbook is intended for use in educational process in the direction of preparation 40.03.01 "Law" (bachelor degree level) in Federal public educational budgetary institution of the higher education "Financial University under the Government of the Russian Federation" and also in the legal educational organizations of the higher education.

Current problems of intellectual property law

2020 ◽  
Author(s):  
Lyubov' Goncharenko ◽  
Inna Kuleshova ◽  
Ol'ga Loseva ◽  
Vladimir Pavlov ◽  
Rimma Rahmatulina ◽  
...  
Keyword(s):  
Intellectual Property ◽  
Intellectual Property Rights ◽  
Legal Regulation ◽  
Patent Law ◽  
Educational Process ◽  
Self Control ◽  
Federal State ◽  
Educational Standards ◽  
Property Assessment ◽  
State Educational

The textbook covers current issues of legal regulation of intellectual property. The book deals with topical issues of copyright, related rights, patent law, intellectual property assessment, as well as topical issues of the emergence, implementation and protection of non-traditional intellectual property objects, implementation and protection of rights to means of individualization, international legal regulation and taxation of intellectual property. Special attention is paid to topical issues of legal regulation of intellectual property rights turnover. For better assimilation of the material, each paragraph of the textbook ends with questions for self-control, practical tasks and lists of recommended literature. Meets the requirements of Federal state educational standards of higher education of the latest generation. It is intended for use in the educational process in the direction of training 40.04.01 "Jurisprudence".

Remuneration of Support Staff of the Organization of Higher Education: Problems and Solutions

10.12737/8128 ◽  
2015 ◽  
Vol 4 (1) ◽  
pp. 36-46
Author(s):  
Поповская ◽  
M. Popovskaya
Keyword(s):  
Higher Education ◽  
Russian Federation ◽  
Research Work ◽  
Legal Regulation ◽  
Support Staff ◽  
Educational Process ◽  
Gradual Improvement ◽  
Problems And Solutions ◽  
The Russian Federation ◽  
The Government

The article is based on the results of research work of the Financial University under the Government of the Russian Federation “Improving the regulation of labor and the organization of new approaches to the organization of labour processes and the remuneration of certain categories of employees in higher education”, fi nanced by budget funds for State job in 2014. The article analyzes the legal regulation of improving remuneration of support staff , including from the standpoint of personnel management system, assessment of the role and importance of this category of workers working in the educational process; discusses possible approaches to remuneration of support staff to meet the requirements of the legislation of the Russian Federation, including the policy objectives for improving the system of remuneration in the budgetary organizations, as set out in the Order of the Government of the Russian Federation of 26.11.2012, № 2190«On Approval of the gradual improvement of the system wages in the state (municipal) institutions for 2012–2018». The article also provides an analysis of the main problems in the existing institutions of higher education in pay systems, off ers a practical solution for the formation conditions of remuneration of support staff and the positioning of functional processes, which employ this category of personnel in connection with the performance of tasks to ensure the increase the quality of the educational process in the organization of higher education.

scholarly journals yeni susanti_165100114

2019 ◽  
Author(s):  
Yeni susanti
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Patent Law ◽  
Applicable Law ◽  
Patented Product ◽  
Patent Rights ◽  
Full Power ◽  
The Government ◽  
Law Regulation

The basis of patent law itself is very complete explained in the patent law regulation number 14 of 2001. In the government-compiled law it is written that the filing of patent rights on an invention or invention has requirements that need to be fulfilled.In Indonesia, patents will be highly protected to protect the intellectual property rights of every Indonesian. According to the applicable law, namely Number 14 of 2001 inventor who has patent rights for a product or idea, has full power and can process persons who commit plagiarism, distribute and trade the patented product into legal channels in accordance with the basis of patent law regarding violations of criminal provisions in Chapter XV.

scholarly journals IMPLEMENTATION OF PATENT AND TRANSFER OF PATENT RIGHTS ACCORDING TO INDONESIAN PATENT LAW

2022 ◽  
Vol 6 (1) ◽  
Author(s):  
Abir Rafa Kamil
Keyword(s):  
Intellectual Property ◽  
World Trade Organization ◽  
World Trade ◽  
Trips Agreement ◽  
Patent Law ◽  
The State ◽  
Transfer Of Technology ◽  
Patent Rights ◽  
The Government ◽  
The Impact

AbstractIndonesia as a member of the World Trade Organization (“WTO”) is obliged to comply with the provisions stipulated in the Trade-Related Intellectual Property Rights Agreement (“TRIPs Agreement”) especially regarding Patents; therefore, the Government of Indonesia regulates the provisions regarding Patents by Law Number 13 of 2016 concerning Patent which has been amended through Law Number 11 of 2020 Concerning Job Creation (“Indonesia Patent Law”). Article 20 of Indonesian Patent Law regulates that “the implementation of Patents must be implemented in Indonesia which can be done by making, importing, and licensing.”. Related to the protection of patent rights granted, the state also hopes to transfer technology from Patent Holders; thus, their inventions can be produced and used without paying royalties to Patent Holders. However, the provisions regulated by the Government of Indonesia stipulate that the implementation of Patent can be carried out by importing, which will result in no transfer of technology from the Patent Holders to the state; thus, it will be detrimental to Indonesia. Therefore this paper will examine and explain the impact of applying Article 20 of the Indonesian Patent Law, especially regarding the implementation of Patent and transfer of Patent Rights.AbstrakIndonesia sebagai anggota World Trade Organization (“WTO”) wajib memenuhi ketentuan yang ditetapkan dalam Trade-Related Intellectual Property Rigths Agreement (“TRIPs Agreement”) terutama mengenai Paten, oleh karena itu, Pemerintah Indonesia mengatur ketentuan mengenai Patent melalui Undang-Undang Nomor 13 Tahun 2016 tentang Paten yang telah diubah melalui Undang-Undang Nomor 11 Tahun 2020 tentang Cipta Kerja (“UU Paten Indonesia”). Pasal 20 UU Paten Indonesia mengatur bahwa “implementasi Paten harus dilaksanakan di Indonesia yang dapat dilakukan dengan membuat, mengimpor, dan lisensi.”. Pada dasarnya terkait dengan perlindungan Hak Paten yang diberikan, negara juga berharap untuk terjadinya peralihan teknologi dari Pemegang Paten sehingga invensi mereka dapat diproduksi dan digunakan tanpa harus membayar royalty kepada Pemegang Paten. Namun, ketentuan yang diatur oleh Pemerintah Indonesia menetapkan bahwa implementasi Paten dapat dilakukan dengan importasi yang mana hal tersebut tidak akan menghasilkan peralihan teknologi dari Pemegang Paten kepada negara sehingga akan merugikan Indonesia. Oleh karena itu paper ini akan mengkaji dan menjelaskan dampak penerapan Pasal 20 UU Paten Indonesia khususnya mengenai implementasi Paten dan transfer Hak Patent.

scholarly journals Digitization of the Russian Educational Space in the Context of Guarantees of the Constitutional Right to Education

2019 ◽  
Vol 28 (10) ◽  
pp. 73-82 ◽  
Author(s):  
A. Yu. Aleksandrov ◽  
S. B. Vereshchak ◽  
O. A. Ivanova
Keyword(s):  
Higher Education ◽  
Digital Technologies ◽  
Legal Framework ◽  
Legal Regulation ◽  
Educational Programs ◽  
Educational Process ◽  
Educational Technologies ◽  
Federal State ◽  
Right To Education ◽  
State Educational

The relevance of the research topic is predetermined by significant changes in the domestic and world educational space. Modernization of educational technologies, the emergence of an electronic library resource, the active use of the information and communication network Internet in the educational process expands the possibilities for the realization of the right to education, makes it accessible regardless of the place of residence and the material status of students. At the same time, the Russian regulatory and legal framework of the educational process at the higher education level is universalized for any educational programs, regardless of the form of their implementation and the educational technologies used, which results in the refusal of many higher education institutions from distance educational technologies. The article summarizes the domestic practice in the application of distance learning, analyzes the positions of the leading researchers on the issues examined. The authors offer their forecasts regarding the future development of digital technologies in the higher education segment of the Russian market of educational services. The article grounds the need to differentiate the requirements of the Federal state educational standards depending on the methods and forms of implementing educational programs, simplifying the requirements for conducting practices, current and intermediate monitoring of learning outcomes, and material and technical support when using distance higher education. Proposals are made to improve the methodological support and legal regulation of the implementation of educational programs using digital technologies.

scholarly journals State Use Provisions for Patent Law, and Expropriations: Some Comparative Law Guidelines for South Africa during the Covid-19 Crisis and Beyond

2020 ◽  
Vol 23 ◽  
pp. 1-35
Author(s):  
Mikhalien Du Bois
Keyword(s):  
South Africa ◽  
State Government ◽  
Patent Law ◽  
The State ◽  
Patent Owner ◽  
Canadian Law ◽  
Patent Rights ◽  
The Republic ◽  
The Government ◽  
Suitable Framework

This article views section 4 of the Patents Act 57 of 1978 against section 25 of the Constitution of the Republic of South Africa, 1996 and Article 31 of the Agreement on Trade-Related Aspects of Intellectual Property Rights of 1994 (hereafter TRIPS). The purpose is to find a suitable framework for the state/government use/utilisation of patented products or processes for public purposes. A comparison is done with the Crown use provisions in United Kingdom, Australian and Canadian law to find a suitable approach to questions relating to remuneration for state use, the prior negotiations requirement set by Article 31 of TRIPS, and the public purposes and exclusive patent rights that would be included under state use. The COVID-19 international pandemic has caused a state of national disaster in South Africa, which is exactly the kind of situation of extreme urgency envisioned by the exception in Article 31 of TRIPS, which permits the state use of patents without requiring prior negotiations with the patent owner. In the battle against COVID-19 and its concomitant fallout, the South African government (and authorised private parties) would be permitted to utilise patent rights without explicit authorisation from the patent owner and without prior negotiations, but subject to the payment of reasonable remuneration by the government and other terms and conditions as agreed upon or as determined by a court. This may include making (manufacturing), using, exercising, and importing patented products (for example, personal protective equipment, pharmaceuticals, ventilators and diagnostic tests) deemed necessary in the fight against COVID-19. Foreign jurisdictions considered in this article indicate that section 4 of the Patents Act 57 of 1978 may certainly benefit from an update to provide detailed guidance on the state use of patented products or processes for public purposes. In the interest of a timeous offensive against the COVID-19 virus, the patent provisions need a speedy update to allow state use compliant with TRIPS and the Constitution of the Republic of South Africa, 1996.

scholarly journals PATENTS IN THE PRODUCTION PROCESS THAT ARE LAYING ON INVENTOR

2018 ◽  
Author(s):  
putri indah sari
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Production Process ◽  
Intellectual Property Rights ◽  
Secondary Data ◽  
Patent Law ◽  
Moral Rights ◽  
Not Given ◽  
Intellectual Work ◽  
The Government

The problems in this research are: (1) Is the patent in production can be provided to the workers / employees as a inventor? (2) How will the moral rights attached to the inventor to patent the intellectual work produced during the production process? This research uses normative juridical approach. Source of data derived from secondary data that primary legal materials, secondary, and tertiary. The results showed that patents in the production process is not given to the discoverer of workers / employees. The government needs to dissemination of the patents and other intellectual property rights so that a producer of intellectual work so that they know that the law protects what they produce. Governments also need to revise the provisions of Article 12 paragraph (1) Patent Law, where the rights of patent holders fixed on the inventor.

scholarly journals Pelindungan Hak Paten atas Pengetahuan Obat Tradisional Melalui Pasal 26 UU No. 13 Tahun 2016 tentang Paten (Protection of Patent Rights on Traditional Medicine Knowledge Through Article 26 of Law No. 13 of 2016 Concerning Patents)

2019 ◽  
Vol 10 (1) ◽  
pp. 49-65
Author(s):  
Trias Palupi Kurnianingrum
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Traditional Medicine ◽  
Traditional Knowledge ◽  
Intellectual Property Rights ◽  
Trips Agreement ◽  
Patent Law ◽  
Benefit Sharing ◽  
Traditional Medicines ◽  
Patent Rights

Patent as a branch of Intellectual Property Rights (IPR) serves to protect inventions on the field of technology, one of them being medicine. The rise on the number of cases on the theft of genetic resources and traditional knowledge on the field of medicine for commercialization purposes shows that the protection of patent rights on traditional medicine knowledge is still not optimal. This article is the result of a normative juridical research which is supported by an empirical data, examines the protection of patent rights on traditional medicine knowledge and the implementation of Article 26 of Law No. 13 of 2016 on Patents (Patent Law year 2016). In the research results, it was mentioned that even though the TRIPs Agreement did not accommodate the traditional knowledge, the presence of Patent Law year 2016 complemented the Indonesian government's efforts to save the knowledge of traditional medicines from biopiracy and misappropriation. It is necessary to regulate the disclosure obligation in TRIPs agreement and further mechanism regarding benefit sharing and granting access to traditional medicines knowledge. AbstrakPaten merupakan salah satu cabang Hak Kekayaan Intelektual yang berfungsi untuk melindungi invensi di bidang teknologi, salah satunya obat-obatan. Maraknya kasus pencurian sumber daya genetik dan pengetahuan tradisional di bidang obat-obatan untuk tujuan komersialisasi menunjukkan bahwa pelindungan hak paten atas pengetahuan obat tradisional masih belum maksimal. Artikel ini merupakan hasil penelitian yuridis normatif yang didukung dengan data empiris, membahas mengenai pelindungan hak paten atas pengetahuan obat tradisional dan implementasi Pasal 26 Undang-Undang Nomor 13 Tahun 2016 tentang Paten (UU Paten 2016). Di dalam hasil penelitian, disebutkan meskipun Perjanjian Trade-Related Aspects of Intellectual Property Rights (TRIPs) belum mengakomodasi pengetahuan tradisional namun hadirnya UU Paten 2016 melengkapi usaha pemerintah Indonesia dalam menyelamatkan pengetahuan obat tradisional dari biopiracy dan misappropriation. Perlu pengaturan kewajiban disclosure di dalam Perjanjian TRIPs dan mekanisme lebih lanjut mengenai benefit sharing dan pemberian akses atas pengetahuan obat tradisional.

ADMINISTRATIVE AND LEGAL PRINCIPLES OF PRACTICAL TRAINING OF APPLICANTS OF HIGHER EDUCATION OF HIGHER EDUCATION INSTITUTIONS WITH SPECIFIC TRAINING CONDITIONS REALIZING POLICE TRAINING

2021 ◽  
Vol 2 (2) ◽  
pp. 168-174
Author(s):  
Olha Merdova ◽  
◽  
Marуna Shulga ◽  
Keyword(s):  
Higher Education ◽  
Higher Education Institutions ◽  
Police Training ◽  
Legal Regulation ◽  
Educational Process ◽  
Practical Training ◽  
Specific Training ◽  
Training Conditions ◽  
Stage Of Development ◽  
Internal Affairs

The article is devoted to the analysis of administrative and legal regulation of practical training of applicants for higher education in higher education institutions with specific training conditions that train police officers. Today, practical training is an integral part of the educational process, which allows to ensure the acquisition of competencies and program learning outcomes provided by educational and professional programs. Based on the analysis of the Regulations on practical training of students and cadets of higher educational institutions of the Ministry of Internal Affairs of Ukraine, the authors have identified problematic issues of organization and conduct of various types of practical training. It is concluded that the existing mechanism of practical training of this category of persons and its normative expression needs to be improved, as it does not meet the needs of today, contains provisions that contradict other regulations, outdated terminology, does not take into account the organization of the educational process at the present stage of development. departmental education, etc. In addition, the draft Regulation on the practical training of applicants for higher education in higher education institutions with specific training conditions for the training of specialists for the Ministry of Internal Affairs of Ukraine and the National Police of Ukraine is being studied and is currently being discussed. The authors conclude that its provisions are unconditionally progressive, but make specific proposals to improve the proposed organizational and legal framework. In particular, it is proposed to specify the purpose of practical training, the mechanism of its organization for applicants for higher education by correspondence, persons studying under the program “2 years cadet - 1 year student», the order and grounds for involvement in public safety and order, clear determined their status, given the lack of specification of the rights and responsibilities of this category of persons in such activities.

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