scholarly journals THE OBJECTS OF PATENT LAW

2021 ◽  
pp. 112-121
Author(s):  
I. Е. Yakubivskyi
Keyword(s):  
Patent Law ◽  
Property Law ◽  
Industrial Property ◽  
Law System ◽  
Advanced Technologies ◽  
Utility Models ◽  
The Subject ◽  
Important Object ◽  
Legislative Changes ◽  
Definition Of

In the circumstances of development and functioning of the innovative model of economy, and necessity of creation and introducing of new technics and advanced technologies in manufacture the patent law is of a great importance in the intellectual property law system. The issue of patent law has repeatedly been the subject of researches in the national civil law science, but the question of its objects still remains unresolved. Therefore, the task of this article is to determine the range of the objects protected by patent law, as well as to describe their features. The article draws attention to the existence of different approaches to understanding the concept of «patent» in national legislation and international acts. The invention is analyzed as the most important object of patent-law protection. The inexpediency of defining the invention and its objects by pointing to all fields of technology is emphasized. Regarding to the utility model, the latest legislative changes in the definition of its objects are analyzed, as well as, some considerations are expressed regarding the prospects of introducing the criterion of inventive step for it. As for the industrial design, taking into account the latest changes in the legislation in this area, it is stated that it is inexpedient to refer it to the objects of patent law. It is argued that a plant variety and a breed of animals as the results of selection cannot be attributed to the scope of patent law. It is emphasized that patent law should not be equated with industrial property law – the latter is a broader concept, which, in addition to the objects of patent law, also includes other categories of objects (industrial designs, trademarks, geographical indications, etc.). It is concluded that the objects of patent law are inventions and utility models. In this regard, it is proposed in the process of recoding the rules on industrial designs to be allocated in a separate chapter of the Civil Code of Ukraine.

scholarly journals THE IMPLICATION OF DEFINING REFUGEE IN INDONESIAN IMMIGRATION LEGAL SYSTEM

2018 ◽  
Vol 1 (1) ◽  
pp. 63-72
Author(s):  
Anindito Rizki Wiraputra
Keyword(s):  
Foreign Policy ◽  
Legal System ◽  
Asylum Seekers ◽  
Immigration Law ◽  
Policy Perspective ◽  
Law System ◽  
Presidential Decree ◽  
The Subject ◽  
Handling Methods ◽  
Definition Of

Indonesia as a country which did not ratify UN Convention 1951 on Status of Refugees and Protocol 1967,  issued a Presidential Decree No.125/2016 on Handling Overseas Refugee in addressing the issues of  foreign nation subject who intend to seek refuge by passing through Indonesian territory, generally aiming  to seek refuge in Australia. These foreign nation subject introduced as “refugee” by media although the  subject is unrecognized by Indonesian immigration law system. Indonesian immigration law only recognize  subject as a person who enter or leave Indonesian territory by legal or illegal means. The definition of  Refugee on Presidential Decree No.125/2016 is the first definition of the subject in Indonesian legal system,  refers to both Refugee and Asylum Seekers in UN Convention 1951, which supposed to have different  handling methods. Therefore, the implementation of Presidential Decree No.125/2016 leads to different  understanding in immigration and foreign policy perspective on Refugee subject.   

Development of the intellectual property service in Ukraine on the example of the Institute of oilseed crops of the NAAS

2021 ◽  
pp. 137-145
Keyword(s):  
Intellectual Property ◽  
Scientific Research ◽  
Legal Protection ◽  
Patent Law ◽  
World Intellectual Property Organization ◽  
Industrial Property ◽  
Intellectual Activity ◽  
Oilseed Crops ◽  
Utility Models ◽  
The Creation

The history of development of industrial property of Ukraine, objects of intellectual property and relations which arise at their creation and use are considered. The main results of scientific research on the creation of intellectual property of the Institute of Oilseed Crops of the National Academy of Agrarian Sciences of Ukraine (hereinafter IOC NAAS) are highlighted and analyzed. The research was conducted as part of the ongoing monitoring of intellectual property legislation on the legal protection of research results of the IOC NAAS and as part of marketing and patent research to position the institution as an originator of oilseeds. The purpose of the research is to investigate changes in the legislation on industrial property of Ukraine, intellectual property objects and relations that arise during their creation and use, to analyze the main results of scientific research on the creation of intellectual property objects of IOC NAAS (2001–2020). In the process of research, for a detailed study of the stages of the formation of patent legislation, legislative and regulatory acts of Ukraine were used concerning the regulation of intellectual activity and intellectual property, materials from professional periodicals, articles and abstracts published in scientific collections and materials of scientific and practical conferences, Internet resources, monographs and printed works of scientists, manuals, patents and inventions for useful models of the IOC NAAS. Research methods – quantitative, qualitative and comparative analysis. Methodology – according to the algorithm of constant monitoring and conducting patent and marketing research. The term "intellectual property" was first used in the Convention Establishing the World Intellectual Property Organization (WIPO), adopted in Stockholm on July 14, 1967, and since then the term has been used in international conventions and legislation in many countries. The day of the adoption of the Law of Ukraine «On Property» in 1991 is considered to be the beginning of the formation of the legislation of Ukraine on intellectual property. This law for the first time recognized the results of intellectual activity as objects of property rights. At present, ensuring the implementation of state policy in the field of protection of rights to inventions and utility models in Ukraine is provided by the Ukrainian Institute of Intellectual Property (Ukrpatent) and belongs to the Ministry of Economic Development of Ukraine. IOC NAAS – a leading scientific institution in genetics, biotechnology, breeding and cultivation of basic and niche oilseeds, which focuses on the development of theoretical foundations of breeding, creation of modern breeding material, development of optimal agricultural techniques for its cultivation, organization of primary and industrial seed production, for the development and improvement of technical means and machines for separation, purification and waste-free processing of oilseeds. During the existence of the IOC NAAS, scientists have created 87 objects of patent law. The novelty and originality of scientific developments are confirmed by patents for inventions and utility models. At the time of writing, the Institute supports 23 patents.

scholarly journals Key issues of legal regulation of the supplementary protection of inventions in the field of pharmacy in the national legislation of Ukraine

2021 ◽  
pp. 111-119
Author(s):  
Anastasiia Homeniuk
Keyword(s):  
Medicinal Product ◽  
Legal Regulation ◽  
National Legislation ◽  
Basic Patent ◽  
Utility Models ◽  
Key Issues ◽  
The Subject ◽  
The Law ◽  
One Year ◽  
Definition Of

Keywords: supplementary protection certificate, basic patent, procedure for obtainingsupplementary protection certificate Key issues of legal regulation of the supplementary protection of inventionsin the field of pharmacy in the national legislation of UkraineThe article is devoted to the study of key issues of legal regulation of supplementaryprotection of inventions after the adoption of the Law of Ukraine «On Amendmentsto Certain Legislative Acts of Ukraine on Patent Legislation Reform» in the absenceof bylaws to regulate the procedure for issuing supplementary protection certificates.The study also highlights the main shortcomings and gaps in the regulation ofcertain issues of application of supplementary protection certificates in the currentLaw of Ukraine «On protection of rights to inventions and utility models.»The author in details analyses European Union approaches to definition of thesubject matter of the supplementary protection, providing criteria which are recommendedto use in order to decide whether the product is covered by the basicpatent in force. Also, the paper is focusing on the issues related to verification ofdata and materials provided together with the application for a certificate — suchas whether the requirement that the medicinal product must be submitted formarketing authorization in Ukraine no later than during one year after it’s first marketing authorization in the world, whether the authorization provided is thefirst authorization in Ukraine, etc.Another problem which is highlighted in the study is the application of the rule tosubmit the petition for obtaining supplementary protection to those patents and marketingauthorizations which were issued before the amendments to the Law came inforce, as this question remained unresolved due to the lack of transitional provisionsin the Law. Also author points out the necessity to align the provisions of the Article271 of the Law of Ukraine «On Protection of Rights to Inventions and Utility Models»regarding the definition of the subject matter of supplementary protection in accordancewith patent legislation by excluding application of the medicinal product fromthe list as it is not patentable according to Ukrainian law. In addition, the author emphasizedthe urge to adopt relevant bylaws (procedure) regulating the issue of certificatesof supplementary protection.

scholarly journals Features of modern classification of intellectual property items

2020 ◽  
Vol 3 (3) ◽  
pp. 58-64
Author(s):  
Hanna Spitsyna ◽  
Alla Hordeyuk
Keyword(s):  
Intellectual Property ◽  
Patent Law ◽  
Property Law ◽  
Industrial Property ◽  
Domain Name ◽  
Goods And Services ◽  
Modern Classification ◽  
The Individual ◽  
State Registration

This article determines modern classification of intellectual property objects, which identified in international regulations and presumed by scientists, studding problematic issues in sphere of intellectual property. The defined, which the most common is classification, with distribution criterion of objects in group to the institutions of intellectual property: copyright and related rights; industrial property law. The individual scientists have their own approach regarding inclusion in different classification groups. The offered with given the content of international law and scientific research of scientists, classify of intellectual property objects by several criteria in depending: from the assignment of objects to a specific legal institutions of intellectual property; from the legal nature of objects which without fail subject to patenting or state registration or on them spread of presumption of authorship; from the title of protection, which issued based on patenting result or state registration of specific objects. By these criteria expediently to highlight such groups and subgroups of intellectual property objects: objects of copyright and related rights with separate subgroup copyright objects and subgroup related rights objects; objects of the institution of industrial property law, where to highlight the patent law objects, the objects, where individualize of participants in civil transaction, goods, services and subgroup of unconventional objects. Determined the need in modern realities of virtualization of legal realities to additions to the list intellectual property objects, which is defined in article 420 Civil code of Ukraine, such facilities of domain name and website. The domain name include in subgroups of industrial property law objects, which individualize of participants in civil transaction, goods and services, and website include in group objects of copyright and related rights, guided by the legislator’s position. The legislator secured concept of website in the law of Ukraine «On copyright and related rights».

scholarly journals Proposed changes to Polish intellectual property laws

2019 ◽  
pp. 133-164
Author(s):  
Paweł Podrecki
Keyword(s):  
Intellectual Property ◽  
Information Disclosure ◽  
Intellectual Property Right ◽  
Property Law ◽  
Court System ◽  
Substantial Portion ◽  
Industrial Property ◽  
Specific Nature ◽  
Legislative Changes

This article discusses proposed legislative changes which aim to introduce a special court into the Polish court system to handle intellectual property matters. The main reason for establishing such a court is, undoubtedly, the quite specific nature of proceedings regarding intangible property rights in a broad sense. The bill is part of a vast exercise to amend civil procedure law, but, to a large extent, has an impact on the substantive provisions of Industrial Property Law and the Act on Copyright and Related Rights. A number of the proposed solutions should, therefore, have a consistent influence on intellectual property laws and contribute to increasing the quality of adjudication. A substantial portion of the doctrinal considerations addressed in this article are, however, about selected issues related to new laws on remedies available in intellectual property law proceedings. In particular, they include provisions which enable the disclosure of information on intellectual property right violations. The issue of information disclosure requests has already provoked many reactions, mostly critical, with respect to the current legislation. Therefore, examining the proposed change is all the more justified as it may provide an answer to whether the uncertainties associated with applying this construct will continue to exist.

scholarly journals Grounds and methods of systematization of legislation of Ukraine in the field of intellectual property

2021 ◽  
pp. 119-127
Author(s):  
Iryna Koval
Keyword(s):  
Intellectual Property ◽  
Modern State ◽  
Property Law ◽  
Industrial Property ◽  
Intellectual Property Law ◽  
Property Relations ◽  
Unique Model ◽  
Legislative Regulation ◽  
Utility Models ◽  
The Difference

Keywords: intellectual property law; systematization of legislation, codification,copyright, industrial property law The article is sanctified to researchof the modern state of the legislative regulation of intellectual property relations inUkraine and the ways of its improvement in the direction of systematizing the relevantlegislation. Scientific approaches to determining the place of intellectual propertylaw in the legal system of Ukraine are considered. It is shown that now in Ukrainethere is a unique model of legislative regulation of these relations, which includes 3levels: the Civil Code of Ukraine, the Economic Code of Ukraine, special laws regulatingthe protection of rights to inventions, utility models, industrial designs, trademarks,and other objects. Such division of legislative acts is based on different volumeand subject of regulation of legislative acts. As a result of undertaken a study andtaking into account foreign experience two alternative ways of codification of legislationare certain in the field of intellectual property: within the limits of operating theCivil code of Ukraine and Economic code of Ukraine taking into account the differentiationof the subjects of its regulation, or in the direction of individual codifications ofcopyright and industrial property law as institutions intellectual property law. It issubstantiated that the second way has significant advantages over the unified (general)settlement of relations in the field of spiritual and scientific and technical creativitysince it takes into account the essential specifics of these two components of intellectualproperty law, which is due to the difference in the subjects of their regulation.Guidelines for choosing the appropriate direction of codification are proposed.

The concept and features of work-related objects of patent law in the system of the MIA of Russia

2020 ◽  
Vol 2020 (1) ◽  
pp. 71-75
Author(s):  
Elizaveta Zaytseva
Keyword(s):  
Civil Rights ◽  
Patent Law ◽  
Legal Regime ◽  
Legal Norms ◽  
Work Related ◽  
Legal Nature ◽  
Utility Models ◽  
Internal Affairs ◽  
Definition Of ◽  
Improvement Of Legislation

The article is devoted to the study of the concept and features of work-related objects of patent law in the system of the Ministry of Internal Affairs of Russia. The author analyzes different definition approaches of the legal nature of work-related objects of patent law, their distinctive characteristics that allow to consider work-related inventions, work-related utility models and work-related industrial designs as a unique category of objects of civil rights. The particular qualities of the activities of the units of the Ministry of Internal Affairs of Russia predetermine the specifics of the features and legal regime of work-related objects of patent law, which are of particular importance for inaccuracies’ corrections and further improvement of legislation. This is especially relevant during the period of innovation activity’s development and different disputes in practice. The purpose of the issue is to determine the concept and features of work-related objects of patent law in the system of the Ministry of Internal Affairs of Russia. As a result of the study, the author gives his own definition of work-related objects of patent law in the system of the Ministry of Internal Affairs of Russia, which main features and the specific characteristics are also analyzed. The analysis of legal norms has shown that the legislator has not been correct in recognition of main characteristics of work-related objects, because of their subjective interpretation, that’s why this question requires clarification.

scholarly journals Price Fix Away?: Does the Supreme Court’s Decision in Leegin Creative Leather Products Strengthen the Ability of Businesses to Engage in Vertical Price Restraints with Impunity?

2008 ◽  
Vol 8 ◽  
Author(s):  
Erick S. Lee
Keyword(s):  
United States ◽  
Market Power ◽  
United States Supreme Court ◽  
The United States ◽  
Patent Law ◽  
Property Law ◽  
United States Supreme ◽  
Patented Product ◽  
The Subject ◽  
Law Making

The United States Supreme Court in recent years has taken an increased interest in patent law, making a number of key decisions in the areas of injunctions1, licensing2, patentable subject matter3, and the standards of determining obviousness.4 In the current 2007-2008 term, the Court has already granted certiorari to consider the boundaries of the patent exhaustion doctrine; a case closely watched by legal commentators and observers.5 The Court's attention has also been drawn to the intersection of intellectual property law and antitrust law, with two cases in that legal realm having been recently decided. In Illinois Tool Works v. Independent Ink, the Court considered whether the presumption that patent owners have market power in the subject matter of their patents is "applicable in the antitrust context when a seller conditions its sale of a patented product . . . on the purchase of a second product."6

Typologization of security regulation

2020 ◽  
pp. 20-27
Author(s):  
Denis Tikhomirov
Keyword(s):  
Social Relations ◽  
Scientific Literature ◽  
Legal Regulation ◽  
Procedural Understanding ◽  
Limited Ability ◽  
Methodological Basis ◽  
Wide Range ◽  
The Subject ◽  
Definition Of ◽  
Legal Understanding

The purpose of the article is to typologize terminological definitions of security, to find out the general, to identify the originality of their interpretations depending on the subject of legal regulation. The methodological basis of the study is the methods that made it possible to obtain valid conclusions, in particular, the method of comparison, through which it became possible to correlate different interpretations of the term "security"; method of hermeneutics, which allowed to elaborate texts of normative legal acts of Ukraine, method of typologization, which made it possible to create typologization groups of variants of understanding of the term "security". Scientific novelty. The article analyzes the understanding of the term "security" in various regulatory acts in force in Ukraine. Typological groups were understood to understand the term "security". Conclusions. The analysis of the legal material makes it possible to confirm that the issues of security are within the scope of both legislative regulation and various specialized by-laws. However, today there is no single conception on how to interpret security terminology. This is due both to the wide range of social relations that are the subject of legal regulation and to the relativity of the notion of security itself and the lack of coherence of views on its definition in legal acts and in the scientific literature. The multiplicity of definitions is explained by combinations of material and procedural understanding, static - dynamic, and conditioned by the peculiarities of a particular branch of legal regulation, limited ability to use methods of one or another branch, the inter-branch nature of some variations of security, etc. Separation, common and different in the definition of "security" can be used to further standardize, in fact, the regulatory legal understanding of security to more effectively implement the legal regulation of the security direction.

Antonio Negri

2018 ◽  
Author(s):  
Ingrid Diran
Keyword(s):  
Critical Distance ◽  
Middle Voice ◽  
The Subject ◽  
Definition Of ◽  
Antonio Negri

Agamben describes his posture as a reader as one of seeking a text’s Entwicklungsfähigkeit, or capacity for elaboration.1 In examining Agamben’s practices of reading, we can attend to the opposite phenomenon: the counter-elaboration that a text, in having being read by the philosopher, performs upon Agamben’s own thought. This reciprocal elaboration might constitute a paradigm for Agamben’s use of reading, according to his own idiosyncratic definition of use as an event in the middle voice, in which (according to a definition of Benveniste) the subject ‘effects an action only in affecting itself (il effectue en s’affectant)’ (UB 28). With this definition in mind, we could say that Agamben effects a text (he writes) only to the extent that he is also affected by another text (he reads). This is why Agamben’s position as a reader proves particularly important to any assessment of his work, quite aside from the problem of influence or intellectual genealogy. For this same reason, however, assessing Agamben’s relation to Antonio Negri – a figure with whom, by most measures, he is at odds – poses an unexpected challenge: how can Agamben’s thought be a use of Negri? Answering this question means not only assessing the critical distance between the two thinkers, but also taking this distance as a measure, in the Spinozan sense, of mutual affection.

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