scholarly journals COMPARATIVE ADVERTISING IN THE CONTEXT OF INTELLECTUAL PROPERTY

2020 ◽  
pp. 25-28
Author(s):  
O. Kronda
Keyword(s):  
Intellectual Property ◽  
Intellectual Property Rights ◽  
Crucial Role ◽  
Property Law ◽  
Comparative Advertising ◽  
Eu Member States ◽  
The United Kingdom ◽  
The Usa ◽  
The Eu

The article is aimed at analyzing of existing legislation on the use of comparative advertising in Ukraine. The author establishes that legislation on intellectual property plays a crucial role if a competitor's intellectual property rights are infringed by the use of comparative advertising. The purpose of the article is to analyze comparative advertising in the context of intellectual property, as well as to define the objects of intellectual property that can be used in comparative advertising. The latest changes in legislation regarding comparative advertising are analyzed. Such changes allow the use of images, trademarks or other symbols in comparative advertising. Comparative advertising was actually prohibited in Ukraine until November 12, 2019, although its use was prescribed in the legislation. But in practice, however, such use was not possible because use in such comparative advertising objects of intellectual property competitors was not enough regulated. The amendments to current legislation on comparative advertising have settled the aspects of using objects of intellectual property in comparative advertising. The article proves that for the purpose of comparative advertising creation, it is essential to adhere to the laws and regulations that are governed by intellectual property law. In the article, the author analyzes some countries' legislation on comparative advertising, namely the USA, the United Kingdom, the EU Member States. The author has found the basic elements and the objects of intellectual property that could be used in comparative advertising. The author comes to the conclusion that for the creation of comparative advertising, the crucial role of intellectual property in comparative advertising should be clearly recognized.

PERAN HAK CIPTA DALAM PEMBANGUNAN DAN KESEJAHTERAAN MASYARAKAT

2020 ◽  
Vol 2 (3) ◽  
pp. 37
Author(s):  
Andi Baso Ilmar M
Keyword(s):  
Intellectual Property ◽  
Intellectual Property Rights ◽  
Public Awareness ◽  
Rapid Development ◽  
Economic Value ◽  
Property Law ◽  
Community Activities ◽  
The Government ◽  
Legal Infrastructure

AbstrakIndonesia sebagai salah satu negara yang mengatur ketentuan Hak Kekayaan Intelektual khususnya Hak Cipta diatur dalam Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta. Seiring dengan pesatnya perkembangan kreatifitas masyarakat dalam lingkup Hak Cipta yang memiliki nilai ekonomis dan dapat berpengaruh pada pertumbuhan ekonomi dalam masyarakat, kemudian bagaimana Hukum Kekayaan Intelektual khususnya dibidang Hak Cipta dapat meningkatkan kesadaran masyarakat sehingga dibutuhkan juga kesiapan infrastruktur hukum berupa regulasi untuk membantu perkembangan Hak Cipta di Indonesia sebagai payung hukum dari kegiatan masyarakat, serta bagaimana penagakannya. Penulisan ini bertujuan untuk mengetahui bagaimana peran kekayaan intelektual khususnya Hak Cipta dalam pembangunan demi menunjang kesejahteraan masyarakat. Seperti hasil kreatifitas masyarakat dibidang Hak Cipta yang dapat memiliki nilai ekonomis memiliki jaminan dan kepastian hukum dari pemerintah berdasarkan Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta.Kata Kunci: Hak Cipta, Pembangunan, Jaminan, Kepastian, Kesejahteraan. AbstractIndonesia as one of the countries that regulates the provisions of Intellectual Property Rights specifically Copyright is regulated in Law Number 28 of 2014 concerning Copyright. Along with the rapid development of community creativity in the scope of Copyright which has economic value and can affect economic growth in society, then how can Intellectual Property Law, especially in the field of Copyright, increase public awareness so that legal infrastructure readiness is also needed in the form of regulations to assist the development of Copyright in Unikom Center Indonesia as the legal umbrella for community activities, as well as how to enforce them. This writing aims to see how the role of intellectual property, especially copyright in development for the welfare of society. Such as the result of community creativity in the field of Copyright which can have economic value has legal guarantees and certainty from the government based on Law Number 28 of 2014 concerning Copyright.Keywords: Copyright, Development, Guarantee, Certainty, Prosperity.

scholarly journals Transatlantic trade and investment partnership (TTIP) and the spill overs effects on the Gulf – cooperation council

2017 ◽  
Vol 59 (1) ◽  
pp. 35-51
Author(s):  
Nadia Naim
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Trade Agreement ◽  
Global Trade ◽  
Content Type ◽  
Transatlantic Trade ◽  
The Usa ◽  
Trade And Investment ◽  
The Eu

Purpose The purpose of this paper is to examine the transatlantic trade and investment partnership (TTIP). The EU and the USA are negotiating the TTIP, a trade agreement that aims to remove trade barriers across different economic sectors to increase trade between the EU and the USA. The TTIP will have spill over effects on the MENA region, the GCC, Australia and the Asian sub-continent, as it raises key questions for intellectual property and international trade agreements. For instance, will the USA and EU be on an equal footing or will one triumph over the other, will third party countries like the GCC states be expected to adopt new standards. Design/methodology/approach The research design is a paper and online data collection method to find literature to date on intellectual property law development in the GCC states in relation to the three research objectives as set out above. The literature is the population, and this could prove problematic. Different databases have been used to cover all sources where data can be found. Findings As the EU-USA TTIP is aiming to conclude by the end of 2015, the GCC has an opportunity to reassess its relationship with both the EU and GCC. Up until now, the GCC was able to enter into negotiations with the EU and USA relatively independently. However, where the EU and USA can agree, there will be a harmonisation of regulations. This therefore has repercussions for the GCC. The TTIP has three main aims: to increase trade and investment through market access, increase employment and competitiveness and create a harmonised approach to global trade. To harmonise global trade, the EU and USA aim to harmonise their intellectual property rights through an intellectual property rights chapter that deals specifically with enhancing protection and recognition for geographical indications, build on TRIPS and patentability. Research limitations/implications This study is non-empirical. Originality/value The TTIP will have spill over effects for the GCC, as it has yet to finalise the EU-GCC free trade agreement and USA-GCC framework agreement. The power dynamics between the USA and EU will be a deciding factor on the intellectual property chapter in the TTIP in terms of what the provisions for intellectual property will look like and what powers will be available to investors to bring investor-state-dispute settlement claims against foreign countries.

Promoting the Deeper Development of China–EU Relations

2007 ◽  
Author(s):  
FENG ZHONGPING
Keyword(s):  
Intellectual Property ◽  
Market Economy ◽  
Intellectual Property Rights ◽  
Critical Examination ◽  
Strategic Partnerships ◽  
The Usa ◽  
Arms Embargo ◽  
Multi Level ◽  
Multi Mode

In order to promote the further deepening of relations, this chapter provides a critical examination of four major issue areas: the nature of strategic partnerships, the particularity of Europe as an international actor, the resolution of the arms embargo issue, and the granting of China's market economy status. Nevertheless, China as a sovereign and unitary actor will still find itself having to negotiate the complexities of the multi-level, multi-mode European relationship, a factor rendered all the more difficult by the enlargement process. The discussion identifies two further obstacles to deepening: the role of the USA in influencing the position of European member states towards the arms embargo; and the question of China's poor governance record on intellectual property rights, which may be the most significant barrier to market economy status.

Introduction

2019 ◽  
pp. 1-4
Author(s):  
Eleonora Rosati
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
The Other ◽  
Property Law ◽  
The European Union ◽  
Copyright Policy ◽  
Eu Member States ◽  
The Past ◽  
The One ◽  
The Eu

Compared to other areas of intervention at the European Union (EU) level, copyright harmonization is a relatively recent phenomenon. Compared to other areas of intellectual property law, copyright harmonization has not been as complete as with other rights. Yet, two phenomena may be observed: one the one hand, copyright policy and legislative initiatives have intensified over the past few years; on the other hand, the large number of references to the Court of Justice of the European Union (CJEU) has substantially shaped the EU copyright framework and, with it, also the copyright framework of individual EU Member States....

Age Equality after the Employment Directive

2003 ◽  
Vol 10 (1) ◽  
pp. 9-38 ◽  
Author(s):  
Helen Meenan
Keyword(s):  
United Kingdom ◽  
The Netherlands ◽  
Age Discrimination ◽  
Member States ◽  
Eu Member States ◽  
The United Kingdom ◽  
Life Course Approach ◽  
The Usa ◽  
The Individual ◽  
The Eu

This article examines the Employment Directive from the age perspective and endorses a life course approach to ageing. It explores the permitted exclusions on grounds of age and especially the exceptional justification for direct age discrimination, contained in Article 6. In the end, EU Member States may find it more difficult to successfully transpose Article 6 than they imagine. The article reveals special challenges for age and refers to age laws in Ireland and the USA, in particular. It also refers to preparations for transposition in a number of Member States, including the United Kingdom and the Netherlands. Whether and to what extent age will ultimately receive the least protection of all the new grounds, remains to be seen and will depend largely on the individual approaches of the Member States. The ultimate consequence of the additional opportunities for excluding or justifying age discrimination may well be different protected areas throughout the EU.

“Trust Me”: Patent Offices in Developing Countries

2008 ◽  
Vol 34 (2-3) ◽  
pp. 151-174 ◽  
Author(s):  
Peter Drahos
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Intellectual Property Rights ◽  
World Trade ◽  
Access To Medicines ◽  
Property Law ◽  
Patent Office ◽  
Pharmaceutical Markets ◽  
The World

Patent rules matter to the structure and evolution of pharmaceutical markets. If they did not, pharmaceutical multinationals would not spend resources on their globalization and content. The role of pharmaceutical multinationals in shaping the patent provisions of the Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS) has been well documented. The contributions of developing country coalitions and nongovernmental organizations (NGOs) in the World Trade Organization (WTO) on TRIPS and access to medicines have also been studied.One actor, the patent office, has largely escaped detailed scrutiny in the literature that has grown around intellectual property law and access to medicines. There is an obvious explanation. Patent offices are administrative bodies. They administer patent standards that are decided and defined by others – the courts, legislatures or the executive acting in the context of treaty negotiation. For those interested in the structural reform of pharmaceutical markets, reforming patent office administration has not been a high priority.

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