scholarly journals THE IMPORTANCE OF INTELLECTUAL PROPERTY IN BUSINESS

2019 ◽  
Vol 1 (11) ◽  
pp. 31
Author(s):  
Juna Kjakšta ◽  
Kristaps Gailis
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
New Technologies ◽  
Comparative Method ◽  
Commercial Law ◽  
Property Development ◽  
Legal Norms ◽  
Balance Of Interests ◽  
Descriptive Method

The search for a balance of interests of right holders and users, legal means for the exclusive rights enforcement in the conditions of the development of new technologies, the problems of protection of intellectual property are considered in the paper. At the present time intellectual property is considered to be one of the most valuable assets of a business. Possessors of rights can secure their loans using their intellectual property as collateral. The authors claim that the Latvian legal and regulatory framework does not cover essential issues. The aim of the research is to explore and identify the importance of intellectual property rights in business. The following tasks were set to achieve the aim: to explore the theoretical aspects of intellectual property rights, to identify possibilities for intellectual property development in business. The following scientific research methods are used in the paper: the development of intellectual property rights in commercial law is investigated with the help of the descriptive method; the systemic method is used to analyse national legal norms in conjunction with international documents and recommendations; the comparative method has been used to study models of intellectual property rights.

USE OF COPYRIGHT PROTECTED WORKS IN THE EDUCATIONAL PROCESS

2019 ◽  
Vol 1 ◽  
pp. 607
Author(s):  
Liene Vindele ◽  
Renāte Cāne
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Copyright Protection ◽  
Scientific Research ◽  
Research Process ◽  
Legal Framework ◽  
Educational Process ◽  
Step Test ◽  
Legal Norms

Copyright is one of the intellectual property rights whose main activity is to promote creativity and protect the ownership of the author. However, these rights are not absolute and are subject to certain restrictions.In the Berne Convention, Agreement on Trade-Related Aspects of Intellectual Property Rights and also WIPO Copyright Treaty embodied so-called “three-step test” allowing exceptions to copyright protection. They state that exceptions to copyright protection are admissible only in specific cases; if they comply with the rules of normal exploitation of the author's work; and do not unreasonably prejudice the legitimate rights of the author.While respecting the restrictions contained in international conventions, the Latvian Copyright Law also lays down various restrictions, when the author's work can be used without a special permit for the use of the author's work or for free, such as in the educational or research process. The free use of copyright-protected materials constitutes a restriction on the economic rights of copyright holders. These restrictions aim to strike a balance between the rights of the author and the interests of the public. Although copyright-protected works can be used in education almost everywhere in the world, restrictions on the exercise of these rights have not been clearly established.The aim of this paper is to research limits use of copyright-protected works in the educational process. Basis for this analysis will be the international and national legal framework about copyright exceptions in educational process.In the development of the research used an analytical method of scientific research, as well as a method of interpreting grammatical, teleological and historical legal norms. For the conclusions used inductive and deductive method of scientific research. 

scholarly journals The comparative analysis of design right and copyright

2021 ◽  
Vol 38 (2) ◽  
pp. 129-142
Author(s):  
Nikola Milosavljević
Keyword(s):  
Comparative Analysis ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Industrial Design ◽  
Legal Theory ◽  
Comparative Method ◽  
Profit Distribution ◽  
Hybrid Nature ◽  
Market Relations

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.

scholarly journals Technology Transfer Agreement of Multinational Companies in The Framework of Investment Development

2021 ◽  
Vol 4 (2) ◽  
pp. 86-92
Author(s):  
Desak Gde Dwi Arini ◽  
Diah Gayatri Sudibya ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Technology Transfer ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Information Exchange ◽  
New Technologies ◽  
Multinational Companies ◽  
Transfer Of Technology ◽  
The Law ◽  
The Republic

The regulation of technology transfer to Multinational Companies (PMN) to date still pays attention  to the provisions of the Law of the Republic of Indonesia No. 25 of 2007 on Investment, especially  Article 2 paragraph 1, in addition to Indonesia has also adjusted the provisions of national laws in the field of economy/trade with the provisions of GATT and WTO that hav been ratified through the Law  of  the Republic of Indonesia Number 7 of 1994, including adjustments to the provisions of the field of intellectual property rights (IPR) contained in the TRIPs, such as the Law of the Republic of Indonesia No. 14 of 2001 on Patents, The Law of  the Republic of Indonesia No. 15 of 2001 on Brands, and the  Law of the Republic of Indonesia No. 19 of 2002 on Copyright, and others covered as objects of intellectual property rights (IPR). The role of multinational companies (PMN) in the transfer of technology can be mentioned, among  others: As a holding company that can be used for media, containers, information exchange, technology between countries in the international community which is further used, and useful for Indonesia; As a place for investment in order to obtain benefits for Indonesia; and As a place for the application of new technologies to be useful more efficiently and effectively benefit Indonesia, in addition to improving international economic trade.  

scholarly journals FEATURES OF CRIMINAL AND LEGAL PROTECTION OF ECONOMIC AND OTHER INTERESTS OF SUBJECTS OF THE INTELLECTUAL PROPERTY RIGHTS ON UKRAINIAN LANDS UNDER THE CRIMINAL PROVISIONS OF 1903

2019 ◽  
Vol 4 (44) ◽  
pp. 40-50
Author(s):  
Oksana Korotiuk
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Protection ◽  
Criminal Code ◽  
Patent Law ◽  
Legal Norms ◽  
Significant Difference

The article analyzes the criminal law provisions of the Criminal Code of 1903, which provided the responsibility for encroachments on objects of intellectual property rights, and defined the peculiarities of criminal legal protection of economic and other interests of subjects of intellectual property rights in Ukrainian lands according to these criminal legal norms. The Criminal Code of 1903 was marked by a significant difference from the Criminal Code of 1845, expressed as a significant reduction in the number of criminal acts, the general humanization of criminal punishment, and in a more progressive approach to the design of criminal law. For example, in Art. 1, the principle of "nullum crimen sine lege" was directly affirmed for the first time, while in criminal laws of earlier times it was laid down but only proceeded from the general content of the articles. Analysis of the criminal law of the Criminal Code of 1903 provisions allowed to conclude that the criminal legal protection of objects of intellectual property rights was carried out at the expense of: 1) criminal law, which provided for liability for attacks on objects of copyright and patent law. In this case, the legal protection of copyright objects was closely linked to the censorship and, in fact, was inseparable from it; 2) the provisions establishing criminal liability for actions related to the disclosure of secrets; 3) provisions relating to the introduction of goods into the market and their circulation there, as well as the importation of goods into the territory of the Russian Empire, which provided for liability for the following acts: a) acts related to the illegal manufacture of works and their introduction into circulation, in including the illegal circulation of equipment that may be used for the illicit manufacture of works; b) acts related to the illicit sale or other distribution of works; c) other acts related to the illegal circulation of objects of intellectual property rights.

scholarly journals COMPLIANCE WITH INTELLECTUAL PROPERTY RIGHTS IN HIGHER EDUCATION INSTITUTIONS OF UKRAINE AS AN IMPORTANT FACTOR OF ACADEMIC INTEGRITY

2021 ◽  
pp. 138-147
Author(s):  
M.V. SAVYTSKYI ◽  
H.P. YEVSIEIEVA ◽  
V.A. BABENKO
Keyword(s):  
Higher Education ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Academic Integrity ◽  
Higher Education Institutions ◽  
Educational Environment ◽  
Property Law ◽  
High Quality ◽  
Legal Norms

Problem statement. Ukraine's integration into the European educational, social and cultural space today, more than ever, depends not only on the modernization of higher education, the opening of new educational programs, the introduction of innovative teaching methods, but also on the compliance by Ukrainian higher education institutions of the principles of academic integrity, which are introduced by the leading universities of the world and should be a safeguard against many negative phenomena and motivational incentives for the progressive development of the scientific and educational environment of Ukraine. Scientific and educational institutions in modern conditions must make a significant contribution to scientific and social innovations in the country, actively promote its intellectual, innovative, investment image at the international level. The state must create the most favorable conditions and stimulate scientists to scientific creativity, to reveal their own intellectual potential, which will contribute to more effective development of the scientific sphere – the conditions of intellectual property rights as an important factor of academic integrity in Ukraine. The purpose of the article. The purpose of the study is to consider the compliance of the principles of academic integrity in the educational sphere, as a factor in the creation and lawful use of intellectual property rights, the formation of a mental culture of intellectual property in the educational environment of Ukraine. Conclusion. Without understanding of basic legal norms of intellectual property law, it is impossible to fully adhere to the principles of academic integrity. Therefore, compliance with intellectual property rights in higher education is an important factor in training professionals, their understanding of the value of their own achievements and benefits that can be obtained through innovation and the use of rights to their own work, such professionals will contribute to the development of a society, where due to high-quality protection of IP rights, a culture of academic integrity will be introduced. The category of academic integrity should be considered as the relationship of two important components that complement each other, namely: as a system of legal, moral and ethical principles and rules in higher education and educational services that ensure high quality educational and scientific results and as a system of knowledge on intellectual property law, forming a creative style of young people’s thinking, the ability to create and effectively solve complex interdisciplinary problems, without violating the moral and legal norms of intellectual property.

scholarly journals Protection of intellectual property rights in the conditions of innovative development of countries

1970 ◽  
pp. 239-242
Author(s):  
Maryna Kovalova
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
New Technologies ◽  
Innovation System ◽  
Developed Countries ◽  
Global Trends ◽  
European Legislation ◽  
Legal Standards ◽  
Property System

The research intensive companies have been increasingly emphasizing on the commercialization of their innovations to adopt a central strategy for competitive advantage. During last two decades, many small and medium companies have shifted their focus to technological inventions leading to entrepreneurship and simultaneously they are commercializing their new technologies. A well-balanced and accessible intellectual property system plays an important role in this process. Intellectual property rights serve to protect the often large and high-risk investments in innovative companies, thereby providing major incentives to make such investments. Patents and intellectual property are important products of any national innovation system. Innovation is a key driver of economic growth and development in the medium and long term for each country. The concept of innovation can be described as the process of introducing new products, services and production processes to the market and, as a consequence, the creation of new profitable enterprises. A properly created system of protection and protection of intellectual property rights grants exclusive rights to inventors and thus increases their chances of getting the start-up (initial) investments they need to bring new technologies to the market. In other words, intellectual property rights are a key prerequisite for the emergence of intellectual property in the market. Comparison of European legislation with Ukrainian legal standards shows that Ukraine has embarked on a path that is broadly in line with the general global trends in the evolution of legislation in technology transfer. Additional rules that have been successfully applied in European legislation (but are not yet in Ukrainian) can be further integrated into existing legal acts or incorporated into draft new laws, such as the law on the commercialization (transfer) of technologies. The problems that Ukraine will have to solve in the field of technology commercialization in the next few years make it necessary to study the experience of developed countries. Copying is not possible, any innovative measures are successful in the national context: economic, social, legal, etc.

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