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

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 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.

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.

Foreign Direct Investment and Trade Related Intellectual Property Rights (TRIPS): The Case of Latin American & Caribbean Developing Economies

2018 ◽  
pp. 1-17
Author(s):  
Mumtaz Hussain Shah
Keyword(s):  
Economic Development ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Latin American ◽  
Developing Economies ◽  
Intellectual Property Right ◽  
Market Size ◽  
Annual Data ◽  
Macroeconomic Stability

The growing share of knowledge-intensive products in international trade and the increasing sensitivity of multinational firms to intellectual property theft make it imperative to analyse the effect of IPR promulgation on their FDI decision. In this perspective the current article gauge the importance of Trade Related Intellectual Property Rights (TRIPS) agreement under World Trade Organisation (WTO) in increasing a Latin American & Caribbean (LAC) developing economy’s appeal for investors from abroad. Infrastructure and skilled labour availability, market size, macroeconomic stability, economic development, and trade liberalization are also considered. Time-invariant phenomena such as access to the sea, regional affiliations/proximities, income groupings and ability to speak one of the international languages, though desirable were not done because fixed effect panel estimation technique does not permit the use of dummy variables. Due to the 2008-2009 recession in the developed economies, the available investment funds withered, making the investors’ sceptic apropos the safety of their tangible and intangible property, especially in the developing world, causing a decrease in FDI to these nations in general. However, LAC countries were somewhat resilient and received a steadily increasing flow of foreign investment. Thus, it demands to analyse the factors that overcame the overseas investors’ scepticism and prompted them to invest in the LAC region. By utilizing annual data for 28 years that is 1989-2016 from 24 LAC developing nations it is found that infrastructure and human capital availability, macroeconomic stability, economic development, strengthening and worldwide harmonization of intellectual property right standards through TRIPS positively effects the overseas investor's investment decision. The host population used to measure market size is found to be insignificant when tested with other conventional FDI location pull factors. Similarly, liberalization, consistent with horizontal FDI theory, exerts a significant negative effect on inward FDI.

scholarly journals KEEPING THE NATION'S ASSETS THROUGH THE LEGAL PROTECTION OF COPYRIGHT WORKS OF CULTURE

2016 ◽  
Vol 1 (1) ◽  
pp. 55-71
Author(s):  
Zulkifli Makkawaru
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Literature And Science ◽  
Community Rights ◽  
Art And Culture ◽  
The Right

Indonesia positioned copyright art and culture based on its strength as a nation or community rights over an Alliance grouping of the society which can give the effect of distortions in its protection. Which institution can be megurus and oversee the interests between countriesCultivate ideas/ideas in the fields of art, literature and science in the context of intellectual property rights (HKI) categorized into areas of HKI named Copyright (Copyright). The scope of the rights provided for the protection of copyright in the context of this very broad following elements known in several countries. There is a different understanding about the copyright status of culture from both the substance of the right nor of the appreciation of the case which threatens foreign claims copyright over the culture of Indonesia

scholarly journals THE RIGHT OF AUTHORSHIP ON A WORK

2014 ◽  
Vol 8 (1) ◽  
pp. 155-160
Author(s):  
Ciprian Raul Romiţan
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Moral Rights ◽  
Economic Rights ◽  
Natural Connection ◽  
Artistic Work ◽  
The Law ◽  
The Right ◽  
The Relationship

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.

scholarly journals Peran Lembaga Manajemen Kolektif Sebagai Bentuk Perlindungan Hukum Pencipta Lagu Dan Pemilik Hak Terkait

2019 ◽  
Vol 22 (01) ◽  
pp. 37-54
Author(s):  
Elly Hernawati
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Copyright Protection ◽  
Copyright Holder ◽  
Business Climate ◽  
Management Agency ◽  
Collective Management ◽  
The Creation ◽  
The Right

Copyright is one of the Intellectual Property Rights components and should be paid attention to. Even more in technology era that developing, copyright protection needed to be enhanced, so that the right of creator, Copyright holder or owner of relevant rights can be protected and urge people to create. Indirectly, good and healthy business climate could be fostered.  Not all people have skill to create, that is why those people who have skill to create must be protected and even awarded, hoping that people urged to create. One of the creations that protected are song and music. In creating song or music, creator involve recording producer, music director or arranger. Regarding the creation, creator holds moral and economy rights, while parties involved hold the relevant rights to it. Collective Management Agency is an agency that help creator or relevant rights owner in managing and distributing the creation which is song or music that being commercialized. Yet the creator must be the member of the agency beforehand. Commercialization of a song or music by user can rise problem. Protection to the song or music is for the whole thing, including lyric, notation, arrangement and song title. The utilization of a song or music should be still protecting the parties that hold the copyright and the relevant right to it.

scholarly journals The right to protection against unfair use of the means of individualization: content and features

2020 ◽  
Vol 11 (11) ◽  
pp. 313-318
Author(s):  
Pekar A.
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
System Analysis ◽  
Scientific Literature ◽  
Unfair Competition ◽  
Economic Competition ◽  
Economic Entity ◽  
Objective Meaning ◽  
The Right

The article deals with the nature and features of the right to protection against unfair use of the means of individualization. It is argued that it is inappropriate to distinguish the right to protection against unfair use of the means of individualization in the structure of intellectual property rights from the right to protection of economic competition. Based on a system analysis of the legislation, scientific literature review, and the practice of its application, the right to protection is classified in an objective and subjective meaning. In its objective meaning, the right to protection against unfair use of the means of individualization is a component of the right to intellectual property, to protection against unfair competition. The subjective right to protection against the unfair use of the means of individualization is an independent right. The following features of the right to protection against unfair use of the means of individualization are identified on the basis of the analysis. The objective right to protection against unfair use of the means of individualization is characterized by a set of civil law rules governing relations in the field of intellectual property rights and economic competition and determining the grounds, forms, procedure and methods of protection of such rights. This right combines two components: the protection of intellectual property rights and economic competition relations. The subjects of this right are economic entities. At the same time, the exercise of the right to protection in connection with the violation of the law on protection against unfair competition ensures the protection of consumers’ rights, as it guarantees them good quality goods on the market. The object of this right is relations in the field of intellectual property rights and economic competition. The subjective right to protection against unfair use of the means of individuation is the use of a provided by law capacity to renew, recognize or award the right to use the means of individualization by an economic entity. Such subjective right is characterized by the following features: it always implies the implementation of active actions, the possibility of choosing the forms and methods of protection. Keywords: means of individualization, unfair use, right to protection, objective right, subjective right, intellectual property rights, unfair competition.

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