Judicial Practice on Violations of Intellectual Property Law in Election Campaigns

2019 ◽

Vol 1 (40) ◽

Author(s):

Njegoslav Jović

Keyword(s):

Intellectual Property ◽

Intellectual Property Rights ◽

State Courts ◽

Property Law ◽

International Arbitration ◽

Intellectual Property Law ◽

Judicial Practice ◽

Primary Activity ◽

Court Proceedings ◽

The Right

In this paper, the author analyzes the benefits and limitationsof international arbitration in disputes that are subject to intellectual propertyrights. Intellectual property law disputes have special characteristics. In theevent of a dispute with an international element, there is a problem with thejurisdiction of state courts due to the principle of the territoriality of intellectualproperty rights. The titular of the right must initiate court proceedings in allcountries individually, leading to delays in procedures, multiplication of costsand uneven judicial practice. For these reasons, the author analyzes alternativedispute resolution through arbitration to determine whether this method ofdispute resolution is more acceptable to foreign courts.The author particularly pays attention to the WIPO Center for Arbitrationand Mediation as a permanent arbitration institution whose primary activity isthe resolution of disputes in the field of intellectual property rights.

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Approaches to Defining a Television Format as one of Intellectual Property Law objects: Ukrainian and Foreign Experiences

European Journal of Sustainable Development ◽

10.14207/ejsd.2020.v9n4p364 ◽

2020 ◽

Vol 9 (4) ◽

pp. 364

Author(s):

Alena Sylkina

Keyword(s):

Intellectual Property ◽

Legal System ◽

Complex Object ◽

Property Law ◽

Anglo Saxon ◽

Positive Approach ◽

Intellectual Property Law ◽

Judicial Practice ◽

Theoretical Approaches ◽

Legal Nature

In this article the author analyzes theoretical approaches which were formulated due to the appearance of complex objects of Intellectual Property Law. The attention is concentrated on the analysis of concepts that investigate the legal nature of a television format. The author considers that it is necessary to differentiate a positive approach which recognizes that a format is an object of Intellectual Property Law and negative approach which denies the possibility of television formats protection. Through the method of comparison between the scientific doctrine and judicial practice in the countries of the Romano-Germanic and Anglo-Saxon legal systems, the author classifies concepts to be developed by theoretic community. Thus, negative approach of the Romano-Germanic Legal system countries is confirmed by normative legal acts which relate to the ideas, methods and concepts. Representatives of the Anglo-Saxon Legal system make it impossible to protect a format within the doctrines: "scene a fair", "idea\expression", "merger", etc. The author prefers the positive approach which is divided into the following concepts of the analysis of a format: as a dramatic work (according to Copyright Law), as a hybrid object, as a synthetic object, as a compilation, as a complex object of IP Law. The author gives the definition to a television format, explains its legal nature, and views a format as one related to the concept of complex Intellectual Property Law objects. She analyzes judicial practice which has developed in Ukraine and abroad. Taking into consideration the fact that relations which are connected with the distribution of a format have not only national, but also global character, it is important to unify the given approaches and to use them in legislature. It is relevant to enhance and standardize the legislation in the television field which would contribute to the development of contractual relations between the countries. Keywords: tv-format, television format, complex object, hybrid object, intellectual property

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The Interpretations of Exceptions and Limitations Under Vietnamese Copyright Law in Case of Quotation of a Work

Vietnamese Journal of Legal Sciences ◽

10.2478/vjls-2021-0007 ◽

2021 ◽

Vol 4 (1) ◽

pp. 34-45

Author(s):

Nguyen Thai Cuong ◽

Nguyen Duc Nguyen Vy

Keyword(s):

Intellectual Property ◽

International Law ◽

Copyright Law ◽

Property Law ◽

Berne Convention ◽

Member States ◽

Intellectual Property Law ◽

Judicial Practice ◽

Exceptions And Limitations ◽

Limitations And Exceptions

Abstract The exceptions and limitations in copyright law have been firmly established by the Berne Convention. Indeed, these foundations consolidate and facilitate the unification in protecting copyrights of member states’ domestic laws. Nevertheless, the understanding and interpretations of each member are notably different and inadvertently maintain the inconsistency in international law. On that basis, the article analyzes the practice of Berne Convention’s codification and application in Vietnamese laws and judicial practice. Thereafter, the article emphasizes that Vietnamese intellectual property law has attempted to internalize the Berne Convention’s provisions on the limitations and exceptions of copyright law and proposes solutions to ameliorate such attempts. The article then shows the practice in Vietnamese judgment in order to show how Vietnamese intellectual property law receive the provision of limitations and exceptions in copyright law.

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