scholarly journals The Correlation between Copyright and Patent Forms of Industrial Design Protection

2021 ◽  
Vol 16 (8) ◽  
pp. 80-88
Author(s):  
A. G. Koroleva

Most legal orders establish several forms of design protection that are not mutually exclusive. At the same time, the intersection of legal regimes gives rise to a number of practical and doctrinal problems related to the determination of the scope of the author’s and rightholder’s rights, the unfair behavior of participants in civil transactions, and the erosion of the institutional purpose of intellectual property objects. The main task of the study is to draw a meaningful border between the two forms of protection of industrial design objects. The paper elucidates the basic concepts of understanding an industrial design, the functions and features of the activity under consideration, the relationship with the category of "art," examines the formation and development of legal thought about the relationship between copyright and patent forms of protection of the results of artistic design. It is concluded that it is necessary to make proposals and recommendations to eliminate unfair practices in the exercise of the right to protect the results of creative activity under consideration.

2014 ◽  
Vol 8 (1) ◽  
pp. 155-160
Author(s):  
Ciprian Raul Romiţan

The moral rights represent the legal expression of the relationship between the workand its creator; they precede, survive and exert a permanent influence on the economic rights.Moral rights are independent of economic rights, the author of a work preserving these rightseven after the transfer of its property rights.The right to claim recognition as the author of the work, called in the doctrine as the"right of paternity of the work" is enshrined in art. 10 lit. b) of the law and it is based on theneed to respect the natural connection between the author and his work. The right toauthorship is the most important prerogative that constitutes intellectual property rights ingeneral and consists of recognizing the true author of a scientific, literary or artistic work.


2018 ◽  
Vol 18 (2) ◽  
pp. 172-199 ◽  
Author(s):  
Cleiton Rodrigues de Vasconcelos ◽  
Daniel Pereira da Silva

The protection of intellectual property (IP) is a crucial area to support the development process of any country, as it is in this context that the biggest strategic disputes are taking place. In recent years Brazil has developed some actions to achieve greater efficiency in the public IP management system, but are we on the right track? The present study seeks to present answers regarding the performance of Brazil and to highlight the advances and challenges regarding the IP system. The methodological approach was structured based on a review in the literature, highlighting the scientific, economic and technological indicators on the development of IP and the main IP objects registered with the Brazilian national intellectual property body (INPI) in the period of 2013 to 2016, in the areas of patents, trademarks, industrial design, computer program, circuit topography, technology contracts and geographical indication.


Author(s):  
Tanya Aplin ◽  
Jennifer Davis

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses: design protection in the UK and EU; the history of industrial design; registered designs; unregistered design right; the relationship between copyright and industrial designs; and the future of the interface between design protection and copyright.


Author(s):  
Smith Marcus ◽  
Leslie Nico

This chapter examines intellectual property. The governing principles relating to intellectual property are very different from the principles that underlie other choses, like rights under contracts or debts. Like shares, intellectual property rights are characterized by specific statutory rules relating to their creation, as well as to their transfer. Intellectual property rights can be divided under six heads: patents; copyright; moral rights; industrial design rights; trademarks; and confidential information. In each case, the holder of the right is able—by virtue of ownership—to prevent others from doing what they otherwise could do. Each of these intellectual property rights has four different aspects: the intellectual property right itself; rights of action for infringement; validity challenges; and licensing.


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.


Yuridika ◽  
2021 ◽  
Vol 36 (2) ◽  
pp. 445
Author(s):  
Sigit Nugroho ◽  
Derita Praptirahayu ◽  
Mieke Yustia Ayu Ratna Sari

Fair dealing is one of the important elements in the Industrial Design Legislation. Because of that, it is significant to analyze the concept of fair dealing which can be understood by the society to achieve fairness in the protection of industrial design works. Under industrial design, the concept of fair dealing means that industrial design can be used by other parties for education and research purposes as long as it does not prejudice the interests of industrial design right holders. The purpose of this study is to analyze the value of fairness in the concept of fair dealing in industrial design law, so that it can be used as guidelines for the right holders and the public so they not violate the Industrial Design Law and this Law can also be used to advance the welfare of society. This study is normative legal research by using statute and conceptual approaches. While material used for this study are primary and secondary legal materials. This study found that fairness in the fair dealing in the protection of industrial design can be achieved in the form of fulfilment of balance rights between the designer’s right and society. Fairness for both is if between the right holder and society have the opportunities to use and enjoy available industrial design. Industrial design rights holders have limited monopoly rights and the public has the opportunity to use the results of industrial design in a limited manner for their welfare. This is in line with what Aristotle said that justice is given in accordance with values or propriety that is not the same.


2021 ◽  
Vol 65 (04) ◽  
pp. 174-177
Author(s):  
Gunay Mustafa Mammadova Gunay Mustafa Mammadova ◽  

Industrial design plays an important role in the field of intellectual property. There is no doubt that design is crucial to the success of a product. For this reason, companies use intellectual property laws to protect industrial design. This article covers one of the most important areas of intellectual property, legal protection of industrial designs, legal regulation of industrial design in Azerbaijan and the European Union. There should be accessible, modern and effective legal protections for design rights to encourage manufacturers to invest in designs. There is currently a wide range of legal tools available to protect designs at the national and European Union levels. Key words: industrial design, intellectual propert law, design protection, product, industry


2021 ◽  
pp. 62-75
Author(s):  
Aleksandr В. Lyubinin

The article was prepared in connection with the 99th anniversary of the formation of the USSR and the 30th anniversary of the termination of its existence. The article reveals the relationship between the norms of the Constitution of the USSR of 1924 (and subsequent versions of the document) on the self-determination of nations and their right to secede from the Union with the real process of destruction of a single state. It is shown that the disintegration of the Union was carried out not in connection with the constitutional right of the union republics to self-determination, not with the observance of the appropriate procedures for leaving the single state, but, on the contrary, on an anti-constitutional basis. The author reveals the artificial and politically motivated nature of the arguments regarding the «mines» laid down in their time by the Bolsheviks under the national state structure of the USSR. This device turned out to be productive both for repelling military aggression and for peaceful construction, because it was formed taking into account the totality of the binding circumstances of its time, on the principles of equality and voluntary self-determination. It has been proven that the absence of the right to secede from parts of a single state does not provide any guarantees against the collapse of this state, an example of which is the European monarchies that ended their journey at the beginning of the 20th century, as well as the events in the USSR and around the Chechen Republic. The fundamental difference between constitutional multinational formations, one of which was the Soviet Union, and formations built on a contractual basis following the example of the Gorbachev SSG, the Belovezhskaya agreement on the creation of the CIS and the Union State of Russia and Belarus, is revealed.


Author(s):  
Syoji Kobashi ◽  
◽  
Yuji Yahata ◽  
Shigeyuki Kan ◽  
Masaya Misaki ◽  
...  

The determination of eye position during sleep attracted much attention in sleep study. Simultaneous measurement consisting of functional magnetic resonance imaging and infrared video was developed to study the relationship between eye movement and brain function during sleep. Conventional measurement of the eye position using infrared video images is not applicable to experiments during sleep because of the lack of tracking targets such as the pupil. This paper proposes a novel method for determining the eye position during sleep through infrared video images. This method determines the eye position by comparing intensity profile extracted from an image to intensity profiles generated by the artificial neural network (ANN). Experiments showed that the proposed method detected the eye position of the left eye with an error of 3.56 ± 3.61 (RMSE ± SD) pixels and that of the right eye with an error of 4.69 ± 4.73 pixels.


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