scholarly journals THE USE OF A PATENT BY CO-AUTH ORS AND HEIRS FOR COMMERCIAL PURPOSES AND SOME ISSUES OF PUBLICITY IN PROCEEDINGS RELATED TO DISPUTES OVER INTELLECTUAL RIGHT PROTECTION

2020 ◽  
Vol 3 ◽  
pp. 24-27
Author(s):  
Tatyana V. Ivanova ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Property Right ◽  
Intellectual Property Right ◽  
Special Method ◽  
Procedural Information ◽  
Protecting Intellectual Property ◽  
The Right ◽  
Exclusive Right

The article considers certain situations that arise while using a patent for an invention by co-authors and successors and some issues of publicity in legal disputes over the protection of intellectual property rights. The invention created by a team of authors serves as the basis for the association of co-authors in an organization aimed at the commercial use of a patent. The exclusive right to a patent shall transfer to the successors, but the right to membership in the organization where the patent was supposed to be used may not be transferred, in which case the successors shall have limited access to information on the use of the patent. Various secrets, confidentiality of information, unavailability of information, complexity of protecting intellectual property rights, complex relationship between members of the organization and successors represent only some of the problems that create obstacles to the normal exercise of the right to use a patent for an invention and to get profit from its use. There is no special method to protect intellectual property right, such as the request to provide access to the information on shared use of a patent. The publicity principle, being one of the principles of legal proceedings, provides the condition for defining the truth in the process of proving, the court provides the conditions for the timely receipt by the participants of the required and sufficient procedural information on a particular case. The publicity of information in a legal case is most likely to provide the opportunity to satisfy a claim for the protection of intellectual property right. The right to membership in the organization, in which the patent was supposed to be used when it had been developed by the co-authors of the organization, can be considered as a guarantee for the right to use the patent. The exclusion of at least one element from this system shall create unequal rights and shall make it impossible to achieve a result — receive profit from the use of a patent.

Part I The Nature of Intangible Property, 7 Intellectual Property

2018 ◽  
Author(s):  
Smith Marcus ◽  
Leslie Nico
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Industrial Design ◽  
Property Right ◽  
Moral Rights ◽  
Intellectual Property Right ◽  
Confidential Information ◽  
The Right

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.

scholarly journals THE MODERN VISION OF THE SYSTEM OF INTELLECTUAL PROPERTY RIGHTS IN UKRAINE

2021 ◽  
Vol 75 (2) ◽  
pp. 52-59
Author(s):  
Victoria Shekhovtsova ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
The State ◽  
Point Of View ◽  
Property Right ◽  
Intellectual Property Right ◽  
Creative Activity ◽  
The Right ◽  
Intellectual Potential

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.

scholarly journals Selection achievement in animal husbandry as an object of intellectual property rights and international experience in its protection

2021 ◽  
Vol 12 (4) ◽  
Author(s):  
Horislavska Inna ◽  
◽  
Piddubnyi Oleksii ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Patent Protection ◽  
Legal Protection ◽  
Animal Husbandry ◽  
Legal Regulation ◽  
Property Right ◽  
Intellectual Property Right ◽  
Exclusive Right

Intellectual property rights are enshrined in the Universal Declaration of Human Rights. A patent for an animal breed is the exclusive right of the inventor to his selection achievement, it is a legal monopoly provided by the state, and patent protection prevents commercial use without the consent of its owner. Today's challenges are directly related to food security. The practical application of breeding achievements in animal husbandry, in particular, is the genetic improvement of animals from the «economic side», which directly affects the level of investment and rewards for breeders, and thus the need for effective legal protection of intellectual property rights. Based on the analysis of normative legal acts regulating the procedure for obtaining legal protection of selection achievements in animal husbandry, the article examines problematic positions and suggests ways to resolve conflicts in the legal regulation of these issues. The methods of our study were chosen taking into account the purpose and objectives of the study. The study used philosophical, general scientific and special legal methods of scientific knowledge. Keywords: object of intellectual property right, selection achievement, selection achievement in animal husbandry, protection of intellectual property right

scholarly journals Doctrinal Approaches on determining the Content of Intellectual Property Right

2021 ◽  
Vol 81 (2) ◽  
pp. 33-41
Author(s):  
O. V. Pikhurets ◽  
A. O. Pikhurets
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Property Right ◽  
Legal Norm ◽  
Intellectual Property Right ◽  
Personal Rights ◽  
Positive Rights ◽  
Exclusive Property ◽  
The Right

Thіs аrtіcle аttemрts to conduct а scіentіfіc аnd theoretіcаl аnаlysіs of the content of іntellectuаl рroрerty rіghts. The exіstіng scіentіfіc аррroаches to determіne the system of рersonаl non-рroрerty rіghts аnd рroрerty (exclusіve) rіghts to the results of іntellectuаl аctіvіty аnd objects equаted to them аre studied. The essence of the system of рersonаl non-рroрerty rіghts іs determіned. Thus, the subjectіve rіght to the result of іntellectuаl, creаtіve аctіvіty аnd objects equаted to them cаn be eіther рroрerty (exclusіve) or рersonаl non-рroрerty, but not both аt the sаme tіme. Personal non-property rights can belong only to the creator (author). They do not depend on property rights and are closely related to the identity of the author (creator); are protected indefinitely and may not be transferred to other persons, except as provided by law. Personal non-property copyrights do not have economical content, are not negotiable, despite the existence of a legal norm on compensation for non-pecuniary damage due to the violation of personal rights. Іt іs determіned thаt the рroрerty rіght to the result of іntellectuаl, creаtіve аctіvіty аnd objects equаted to them іs аn exclusіve rіght іn its essence. Its exclusіvіty іs the fact thаt only the rіght holder mаy decіde to tаke аррroрrіаte аctіon on the results of іntellectuаl, creаtіve аctіvіtіes аnd objects equаted to them, whіle аll other рersons must obtаіn рermіssіon іn eаch cаse from the rіght holder to use the result of іntellectuаl, creаtіve аctіvіtіes аnd objects equаted to іt. Property (exclusive) rights can freely transferred to other persons and are urgent (the period of their validity is limited to the life of the author and 70 years after his death). Exclusive (property) rights are positive rights that include the right to use and dispose the object of intellectual property rights. Defіcіencіes аnd gарs іn the system of cіvіl lаw рrotectіon of рersonаl non-рroрerty аnd рroрerty (exclusіve) rіghts of іntellectuаl рroрerty rіghts hаve been іdentіfіed. The authors have formulated persрectіve dіrectіons for іmрroving the legіslаtіon іn thіs area.

While the Treaty does not affect the existence of intellectual property rights, there are nonetheless circumstances in which the exercise of such rights may be restricted by the prohibitions laid down in the treaty. 2. Article 36 permits exceptions to the free movement of goods only to the extent to which such exceptions are necessary for the purpose of safeguarding the rights that constitute the specific subject-matter of the type of intellectual property in question. Perhaps the main advantage of this formula, apart from the fact that it narrows the scope of the exceptions permitted by Article 36, is that it allows subtle distinctions to be made depending on the type of intellectual property in issue. 3. The exclusive right conferred on the owner of intellectual property is exhausted in relation to the products in question when he puts them into circulation anywhere within the Common Market. Spelt out more fully, ‘the proprietor of an industrial or commercial property right protected by the legislation of a Member State may not rely on that legislation in order to oppose the importation of a product which has lawfully been marketed in another Member State by, or with the consent of, the proprietor of the right himself or person legally or economically dependent on him’. The expression ‘industrial and commercial property’ clearly embraces patents and trademarks. It also extends to such specialised areas as plant breeders’ rights. The court has held that copyright can also be a form of industrial or commercial property because it ‘includes the protection conferred by copyright, especially when exploited commercially in the form of licences capable of affecting distribution in the various Member States of goods incorporating the protected literary or artistic work’. The principle that the Treaty does not affect the existence of industrial and commercial property rights is derived from Article 222 of the treaty. This provides that ‘the treaty shall in no way prejudice the rules in Member States governing the system of property ownership’. Consequently intellectual property rights are unaffected by the provisions of the treaty unless they hinder free movement or offend the rules of competition. In Keurkoop v Nancy Kean (see below) the design of a handbag which was manufactured in Taiwan was registered in the Benelux countries but without the authority of the actual author. In Case 78/70, Deutsche Grammophon v Metro-SB Grossmärkte [1971] ECR 487, [1971] CMLR 631, the European Court stated:

1997 ◽  
pp. 110-114
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Member State ◽  
Intellectual Property Rights ◽  
Free Movement ◽  
Member States ◽  
Commercial Property ◽  
European Court ◽  
The Right ◽  
Exclusive Right

scholarly journals The Development Strategy of Intellectual Property Rights and the Quest for Materials Copyrighted in Islamic Higher Education

MAZAHIB ◽  
2019 ◽  
Vol 18 (1) ◽  
Author(s):  
Hervina Hervina
Keyword(s):  
Higher Education ◽  
Intellectual Property ◽  
Property Rights ◽  
Development Strategy ◽  
Intellectual Property Rights ◽  
Empirical Studies ◽  
Intellectual Property Right ◽  
State Institute ◽  
Higher Education System ◽  
The Right

Intellectual Property Rights becomes a serious discussion in some universities, especially in the Perguruan Tinggi Keagamaan Islam Negeri (PTKIN, State Islamic Higher Education system). The lack of copyrighted academic works in some PTKIN is the background why this article is published. This article aims at looking some development strategies that are exist in several universities in Indonesia. Using empirical studies, this article explores some experiences of three universities related to the strategy of developing intellectual property rights. These three universities are Universitas Islam Indonesia Yogyakarta (UII, Islamic University of Indonesia), Universitas Islam Negeri Sunan Gunung Djati Bandung (UIN Bandung, Sunan Gunung Djati State Islamic University of Bandung) and Institut Agama Islam Negeri Surakarta (Surakarta State Institute of Islamic Studies). This article finds that the development of intellectual property rights institutions in higher education includes four important things: mission, goals, strategies and policies. The conclusion of this article confirms that several universities have established institutions for strengthening intellectual property rights by having clear visions and measurable targets, so as to produce the right policies. Meanwhile, some higher education institutions have not established yet institution of Intellectual Property Right. However, several universities have been starting to strengthen the protection of intellectual property rights by raising some lecturers’ research to be copyrighted academic works.Keywords: Intellectual property rights, strategies for the development of IPR, Universities and IPR in Indonesia. Hak Cipta menjadi pembahasan serius di perguruan tinggi, khususnya di perguruan Tinggi Keagamaan Islam Negeri. Sedikitnya karya akademik yang memiliki perlindungan Hak Kekayaan Intelektual di PTKIN menjadi latar belakang mengapa artikel ini ditulis. Artikel ini bertujuan untuk melihat sejauh mana strategi pengembangan yang ada di beberapa perguruan tinggi di Indonesia. Dengan menggunakan studi empiris, artikel ini mencoba mengexplorasi beberapa pengalaman perguruan tinggi terkait dengan strategi pengembangan hak kekayaan intelektual.  Artikel ini menemukan bahwa pengembangan Lembaga hak kekayaan intelektual di perguruan tinggi mencakup empat hal: misi, tujuan, strategi dan kebijakan. Kesimpulan artikel ini menegaskan bahwa beberapa perguruan tinggi telah mendirikan Lembaga penguatan hak kekayaan intelektual dengan memiliki visi-misi yang jelas dan target terukur, sehingga mampu melahirkan kebijakan yang tepat. Sementara itu, beberapa perguruan tinggi lain belum memiliki capaian seperti yang telah disebutkan. Namun demikian, beberapa perguruan tinggi telah memulai penguatan hak kekayaan dengan mengangkat hasil penelitian para dosen menjadi karya akademik yang memiliki proteksi terhadap hak kekayaan intelektual.Kata Kunci: Hak kekayaan intelektual, strategi pengembangan HKI, Perguruan Tinggi dan HKI di Indonesia

scholarly journals FEATURES AND SOCIO-ECONOMIC COMPONENTS OF THE CONCEPTS “INTELLECTUAL PROPERTY” AND “RIGHT OF INTELLECTUAL PROPERTY”

2019 ◽  
Vol 2 (42) ◽  
pp. 99-116
Author(s):  
Oksana Korotiuk
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Social Relations ◽  
Legal Protection ◽  
Legal Regulation ◽  
Property Right ◽  
Intellectual Property Right ◽  
Legal Rights ◽  
Legal Personality

The article is devoted to the content of the concepts "intellectual property" and "right of intellectual property", as well as to the possibility to use them as equivalent concepts. The author considers the features of a broad understanding of the intellectual property concept, in which it is revealed as a complex set of social relations arising at all levels of public life. According to this approach intellectual relations are only one type of the varieties of intellectual property relations, the totality of which only occasionally acts as the subject of legal regulation. Taking into account the above facts, the difference between the meaning of the concepts "intellectual property" (in the sense of this concept as a social relation) and "intellectual property right" is reflected in the content of the structural elements of the relations that denote these concepts: 1) Subjects of intellectual property rights are determined on the basis of compliance with certain legal requirements regarding legal personality, as well as the acquisition of subjective legal rights and obligations, which are provided to them by legal norms (by using their legal personality); the subjects of intellectual property become participants of social relations of different levels, including those, which are outside the legal regulation. Such interactions may be related to realization of creative abilities of a person, mental activity, etc.; 2) In the centre of understanding of the concept "object of intellectual property rights" is the content of intellectual property rights as a totality of personal non-property and property rights. The defining aspect of legal protection is the right to the created object of intellectual property rights. At the same time the object of intellectual property is a value in socio-philosophical sense that satisfies the social, economic, cultural, mental and other needs and interests of people. In this sense, an object by its nature is a blessing for a person; 3) Social connections between the subjects of intellectual relations are revealed through corresponding rights and obligations of the participants of these relations; in the relations of intellectual property social relations manifest themselves as interaction between people in different spheres of social life, based on the corresponding social statuses and roles, in which individuals carry out creative activity, realize their mental and cultural needs, etc. Understanding the concept "intellectual property" as identical with the concept “intellectual property right” is based on a normative approach. This approach shows that the concepts of “intellectual property” and “intellectual property right” have the same sense in the legislation and can denote both objects of intellectual property right and rights to such objects.

scholarly journals IMPLEMENTASI MEREK TERDAFTAR SEBAGAI PERLINDUNGAN TERHADAP KONSUMEN

2017 ◽  
Vol 8 (2) ◽  
pp. 39
Author(s):  
Fenny - Wulandari
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
World Trade Organization ◽  
Intellectual Property Rights ◽  
World Trade ◽  
Property Right ◽  
Intellectual Property Right

ABSTRAKPengaturan Intellectual Property Right (Hak Kekayaan Intelektual) terkait Merek diatur dalam Undang-Undang No 20 Tahun 2016 tentang Merek dan Indikasi Geografis. Dalam undang-undang tersebut tidak secara tersurat diatur tentang perlindungan konsumen tetapi tersirat dalam konsiderans bahwa Indonesia sebagai anggota WTO (World Trade Organization) mempunyai konsekuensi untuk meratifikasi Konvensi Internasional dalam  menjaga perlindungan konsumen. Hal ini yang hendak dicapai dengan konsep Hak Kekayaan Intelektual yang secara internasional tercantum dalam WTO Agreement/Trade Related Aspects of Intellectual Property Rights (TRIPs). Dalam Undang-Undang No 8 Tahun 1999 tentang Perlindungan Konsumen pada pasal 4 huruf c, hak konsumen adalah hak atas informasi yang benar, jelas dan jujur mengenai kondisi serta jaminan barang dan/atau jasa. Hal ini yang harus diperhatikan para pelaku usaha atau produsen ketika memproduksi barang dan/atau jasa yang kemudian akan didaftarkan hak mereknya.  Kata Kunci : Hak Kekayaan Intelektual, Merek, Perlindungan Konsumen

scholarly journals Addressing the experience of Intellectual Property Right Legal Support and it's necessity of recognition in Ukraine

2021 ◽  
Vol 12 (1) ◽  
pp. 190-203
Author(s):  
Inesa Anatoliivna Shumilo ◽  
Zoria Zhuravlova ◽  
Serafyma Henadiivna Hasparian ◽  
Vasyl Valeriiovych Franchuk
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Developed Countries ◽  
Legal Regulation ◽  
Property Right ◽  
Intellectual Property Right ◽  
Current State ◽  
Foreign Countries ◽  
State Of Affairs

Considering and researching the content and essence of the main issues of this article through the prism of the current state of affairs in the domestic and global legal field, it is stated that such a legal phenomenon as intellectual property law is constantly increasing the importance and presence in jurisprudence and everyday life. Examples of the most successful experience of developed and democratic foreign countries in the field of legal support of intellectual property rights are considered. The potential of future introduction of one or another successful foreign example or the approach on which it is based into the Ukrainian social and legal realities is analyzed. The author's definitions of the concepts "intellectual property", "intellectual property right" and "enforcement of intellectual property rights" are offered. Emphasis is placed on the fact that in order to properly ensure intellectual property rights in Ukraine, it is first necessary to create and implement clear and effective legal regulation in this area. It is emphasized that not all methods and means of ensuring intellectual property rights, which have demonstrated success in certain countries, will be suitable for use in Ukraine. Therefore, the main focus of this article was not only to highlight successful examples of the functioning of intellectual property rights in developed countries, but also to select those that could be successfully adopted in the domestic legal field.

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