scholarly journals The Property Rights of the Author according to the Law on Copyright and Related Rights of the Republic of Kosovo

2015 ◽  
Vol 5 (2) ◽  
pp. 229 ◽  
Author(s):  
MSc. Vlorë Bekteshi
Keyword(s):  
Property Rights ◽  
Moral Rights ◽  
The European Union ◽  
Personal Rights ◽  
Comparative Aspect ◽  
Long Time ◽  
The Creation ◽  
The Law ◽  
The Republic ◽  
The Right

Copyright, for a long time has not been regulated or protected at the desired level. The right on intellectual property, as a right of a particular kind and as the right of non-material property, is of particular importance for the contemporary reality.The copyright, in its content, enjoys the rights of personal and property nature. The natural rights, for a long time, have been characterized as very personal rights that relate to the creator of the work itself. This has probably been because in the early times it was impossible the multiplication of the author's work because the handwriting of the work has been a rare process and difficult. Later, with the invention of the typing machine, it was noticed that the works can be easily multiplied, as such came the need to protect the authors and their rights by providing to the authors reward in the case when their work is violated.Property rights are inseparable rights for the authors, which often serve also as stimulus for the creation of new works, but also provide reward for the effort given on the creation of the work.Law on Copyright of theRepublicofKosovois in accordance with the rules of the European Union, but the judicial practice is not in accordance with the Law. This happens because in the reality, the property rights and the moral rights are subject to violations, and as a result is violated even one of the primary and contemporary goals: the law should serve as an incentive for the authors to write and on the other side to satisfy the public with the scientific works.As such, the research objective of this paper is to present the property rights of copyright, the basics of the transfer of these rights, studied also at the comparative aspect.

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 LEGAL PROTECTION OF LURIK ART CONSERVATION THROUGH INTELLECTUAL PROPERTY RIGHTS 2 IN KLATEN REGENCYLEGAL PROTECTION OF LURIK ART CONSERVATION THROUGH INTELLECTUAL PROPERTY RIGHTS 2 IN KLATEN REGENCY

2019 ◽  
Vol 8 (2) ◽  
pp. 354
Author(s):  
Riska Andi Fitriono ◽  
Sarwono .
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Copyright Law ◽  
Moral Rights ◽  
Art Conservation ◽  
Economic Rights ◽  
The Law ◽  
The Right

This article aimed to analyze legal protection of Lurik Art Conservation Through <br />Intellectual Property Rights in Klaten Regency. Klaten is the area that is most<br />concerned with the survival of lurik weaving. There is someone mentioned that the<br />Klaten Regency was the capital of lurik weaving. Because the weaving of Looms<br />are not machines or Alat Tenun Bukan Mesin (hereinafter abbreviated to ATBM) <br />is a mainstay of this city. There are countless villages that become centers of lurik <br />craftsmen. This research is empirical or non-doctrinal research, which is a study<br />that sees the law not only from the perspective of legislation, but also sees the law<br />in its implementation. The results of the study show that the first legal protection in<br />preserving the current lurik art in Klaten, namely the Klaten Regency Government,<br />then stipulates the Regent's Regulation Number 53 of 2010 Article 23 Paragraph (9)<br />on the Daily Batik and Traditional Weaving Lurik Service or ATBM Striated and<br />the Klaten Regent's Decree Number : 065/1014/06 December 30, 2010 on Wearing<br />Traditional Weaving, Motives, Colors and Free Models with Attributes. Furthermore,<br />based on the Decree of the Regent of Klaten Number 050/84 of 2016 on Klaten<br />Regency's Superior Products, batik striated is one of the superior products of Klaten<br />Regency. With the issuance of these rules as an effort to protect and preserve lurik<br />art in Klaten district and referring to Law Number 28 of 2014 on Copyright, it has<br />regulated the forms of protection of lurik art in Klaten through Article 40 paragraph<br />(1). The Second Protection of Intellectual Property Rights Against Lurik Art, namely<br />Protection of lurik artworks, besides being accommodated in Law Number 28 of 2014<br />on Copyright (Copyright Law) and Trademark Law and other intellectual property<br />right laws. Elucidation of Article 40 paragraph (1) letter j of the Copyright Law. The<br />work is protected because it has artistic value, both in relation to the picture, style,<br />and color composition. The Copyright Act also emphasizes that it is important to<br />protect Copyright because every creator, in this case, the creator of the lurik motif<br />has the right to moral rights and economic rights.

scholarly journals IMPERATOR CONTRA PRAEDONES UWAGI O „NIEKONSTYTUCYJNOŚCI” LEX GABINIA

2017 ◽  
Vol 6 (2) ◽  
pp. 43
Author(s):  
Anna Tarwacka
Keyword(s):  
Mediterranean Area ◽  
Long Time ◽  
The Mediterranean ◽  
The Law ◽  
The Republic ◽  
The Right ◽  
First Time

Imperator contra praedones Some Remarks on the Illegality of the lex GabiniaSummaryIn 67 BC Aulus Gabinius, a tribunus plebis, proposed a law appointing an imperator to deal with the pirates of the Mediterranean area. The law was passed as lex Gabinia de uno imperatore contra praedones constituendo and the senate was asked to choose the right candidate. The only possible choice was Gnaeus Pompeius Magnus, the most talented and famous general of the time. The senators opposed so violently that Gabinius was almost killed. Thus, another assembly was called which appointed Pompey to the task. His campaign against the pirates was amazingly fast and successful.There are several reasons for treating this case as a deviation from the republican constitution. Firstly, the imperium was given for a period of three years which was unusually long time for an extraordinary command. Secondly, the general was given power on the whole Mediterranean area, equal to this of the provincial governors. Thirdly, he could choose his own legati which was a case unknown to the republican system. Moreover, it was the first time when an extraordinary command was given by the concilia plebis regardless the senatorial opposition.The case of lex Gabinia was one of Pompey’s numerous victories over the republic. Notwithstanding, he managed to persuade everyone to picture himself as a hero and defender o f the republic.

scholarly journals Kepastian Hukum Dalam Pembuatan Surat Kuasa Membebankan Hak Tanggungan

Acta Comitas ◽  
2021 ◽  
Vol 6 (02) ◽  
pp. 275
Author(s):  
Ketut Nurcahya Gita ◽  
I Made Udiana
Keyword(s):  
Research Methods ◽  
The State ◽  
Legal Certainty ◽  
Power Of Attorney ◽  
Legal Research ◽  
The Creation ◽  
The Law ◽  
The Republic ◽  
The Right

Abstract   The purpose of this writing is to find out about legal certainty and comparison of power of attorney to impose mortgage rights stipulated in the Notary Position Law No.2 of 2014 with the form stipulated by the Head of Land Agency Regulation No.8 of 2012. This research uses normative legal research methods. The results of this study show that the comparison of authentic deeds according to the Law of Notary Position No.2 of 2014 and the Regulation of the Head of the Land Agency No.8 of 2012 regarding the creation of a power of attorney to impose mortgage rights made before a notary there are differences in the head and end of the deed. The form of power of attorney imposes a security right issued by the State Land Agency of the Republic of Indonesia which is different and not in accordance with the provisions stipulated in the Law of Notary Position No.2 of 2014. Second, the legal certainty of the power of attorney imposes a security right made by a Notary by following format of the Head of the Land Agency Regulation No.8 of 2012, the deed cannot provide legal certainty. The deed will be degraded into a letter under the hand, so that it cannot be used as a basis in making the deed of mortgage imposition, however, the Notary is given the right to add deficiencies to the blank so that it remains an authentic deed.   Abstrak   Tujuan penulisan ini untuk mengetahui mengenai kepastian hukum serta perbandingan surat kuasa membebankan hak tanggungan yang diatur dalam Undang-Undang Jabatan Notaris No.2 Tahun 2014 dengan Blanko yang ditentukan Peraturan Kepala Badan Pertanahan No.8 Tahun 2012. Penelitian ini menggunakan metode penelitian hukum normatif. Hasil penelitian ini menunjukan perbandingan akta autentik menurut Undang-Undang Jabatan Notaris No.2 Tahun 2014 dan Peraturan Kepala Badan Pertanahan No.8 Tahun 2012 dalam mengenai pembuatan surat kuasa membebankan hak tanggungan yang dibuat dihadapan Notaris terdapat perbedaan pada kepala dan akhir akta. Blanko surat kuasa membebankan hak tanggungan yang diterbitkan Badan Pertanahan Negara-Republik Indonesia berbeda dan tidak sesuai dengan ketentuan yang telah ditetapkan dalam Undang-Undang Jabatan Notaris No.2 Tahun 2014. Kedua, kepastian hukum surat kuasa membebankan hak tanggungan yang dibuat oleh Notaris dengan mengikuti format Peraturan Kepala Badan Pertanahan No.8 Tahun 2012 maka akta tersebut tidak dapat memberikan kepastian hukum. Akta tersebut akan terdegradasi menjadi surat dibawahtangan, sehingga tidak bisa dijadikan dasar dalam pembuatan akta pembebanan hak tanggungan, akan tetapi Notaris diberikan hak untuk menambahkan kekurangan pada blangko tersebut agar tetap menjadi akta autentik.  

IN NOVUM RESTRICTION IN LITHUANIAN CIVIL PROCEDURE LAW

2021 ◽  
Vol 11 (5) ◽  
pp. 260-275
Author(s):  
V. NEKROŠIUS
Keyword(s):  
Case Law ◽  
Civil Procedure ◽  
Daily Work ◽  
Civil Proceedings ◽  
Long Time ◽  
The Law ◽  
The Republic ◽  
Grand Duchy Of Lithuania ◽  
The Right ◽  
Court Of First Instance

This article examines a relatively new institute of Lithuanian civil proceedings – legal restrictions on the late submission of evidence in both first instance and appellate courts. These restrictions were first established in the new Civil Procedure Code (CPC) which was adopted by Seimas of the Republic of Lithuania on 28 February 2002 (entered into force on 1 January 2003). Until then such restrictions in Lithuanian civil procedure law were not known from the time of famous Statutes of the Grand Duchy of Lithuania. Therefore, it seems natural that this innovation has paved the way for its real application in the courts for more than a decade. This article provides a consistent analysis of the case law (starting with the rulings of the Supreme Court of Lithuania in which the restrictions established in the law were practically denied, and up to the rulings of the last year, which already recognized the right of the courts in certain cases to refuse to accept evidence which was submitted too late). This article also reveals the aims of the CPC authors which were aimed at establishing the first instance court’s right to refuse to accept evidence which was submitted too late and system of limited appeal which establishes a general prohibition (with certain exceptions) to present evidence that was not examined in the court of first instance. One of the most important aims is the concentration of the proceedings, the prevention of abuse of procedural rights and the establishment of the first instance as the main judicial instance. The appeal procedure in the new CPC is already regarded not as a repetition or continuation of the proceedings at first instance, but as a review of the legality and validity of an existing, albeit unenforced, decision of the court of first instance. The author acknowledges that although it took a long time for the relevant provisions of the law to be actually applied in the case law, today their application is already noticeable in the daily work of courts. This leads to the conclusion that Lithuanian courts have adapted to the new CPC system and its philosophy.

scholarly journals A missing person as a copyright holder

2021 ◽  
Author(s):  
Ewa Lewandowska
Keyword(s):  
Property Rights ◽  
Moral Rights ◽  
Copyright Holder ◽  
Personal Rights ◽  
The Face ◽  
The Subject ◽  
The Law ◽  
The Moment ◽  
Moral Economic ◽  
A Minor

The disappearance of people is a phenomenon that requires in-depth multi-faceted analysis. The law does not regulate the situation of a missing person between their disappearance and being declared dead. During this time, in the understanding of the law, a missing person remains an entity that can dispose of their property rights and personal rights, but because of the disappearance people are unable to do that, so his/her rights are exposed to be lost or unlawfully used by other persons. As a result, many doubts must be faced by people close to the missing person. This work discusses the copyrights of the missing person, its execution and protection in the time between the disappearance and declaring the person dead. As an introduction, the subject of copyright (work) is discussed and the division of copyright into moral rights and property rights is indicated. Next, the paper presents the possible ways of proceeding in the event of a disappearance, including a minor, spouse, and co-creator. The possibility of appointing a custodian and submitting a request to a prosecutor is indicated, and an analogous application of provisions in the event of death is proposed. Moreover, a situation where an action to protect moral/economic copyrights has been brought before a person missing (the proceedings are pending) is noted. Finally, the consequences of declaring a missing person to be dead are discussed. Based on the considerations carried out, it can be concluded that there is no single appropriate legal solution in a situation where there is a need to exercise and protect the personal/economic copyrights of a missing person. The proposed solutions of proceeding in the missing person case are not specifically designed in the event of a disappearance, and their application is not established in practice. It seems that the court should recognize the need to protect the interests of the missing person and allow the proceedings to be conducted when referring to one of the proposed solutions. Adaptation of the indicated solutions, in the face of the forced inactivity of the missing person, should guarantee the protection of his/her rights. De lege ferenda, it is worth considering the general regulation of a person’s situation from the moment of his/her disappearance until he/she is declared dead. This could be done by introducing a provision providing for the possibility of appointing a custodian to handle the missing person’s affairs.

scholarly journals RIGHT OF ACCESS ON UNDERGROUND LAND DEVELOPMENT: GUIDANCE FROM SINGAPORE AND AUSTRALIA

2020 ◽  
Vol 5 (21) ◽  
pp. 267-276
Author(s):  
Najah Inani Abdul Jalil ◽  
‘Ain Husna Mohd Arshad
Keyword(s):  
Urban Areas ◽  
Land Development ◽  
The Creation ◽  
The Law ◽  
The Right ◽  
Right Of Access ◽  
The Relationship ◽  
Land Code

In 1990, the creation of underground land is created in the National Land Code. The scarcity of land especially in urban areas has pushed the traditional horizontal land development into vertical land development. Apart from transportation purposes, it is suitable for recreational, storage, and service utility purposes. Within this development, it attracts questions such as how to reconcile the right of surface and underground landowners as the law has allowed the ownership of underground land to be independent and separate from the surface owner. In governing the relationship between the surface and the underground landowners, the provision of access, support, and protection are regulated under the express condition in the document of title. This paper explores the concept of the right of support in Malaysia and the requirement for its application. This paper uses the doctrinal method where statutory provisions, cases, legal articles are examined. In discussing this topic, the practice in Singapore and Australia is compared, and it is suggested in regulating the relationship between surface and underground landowners, the creation of easement to be adopted with the compensation to be awarded to the burdened land.

scholarly journals Abortion: A Review on Indonesia Regulations

Rechtsidee ◽  
2019 ◽  
Vol 7 ◽  
Author(s):  
Hariansi Panimba Sampebulu
Keyword(s):  
Reproductive Health ◽  
Government Regulation ◽  
Safe Abortion ◽  
Long Time ◽  
The Law ◽  
Legal Construction ◽  
The Government ◽  
The Right

The position of women in legal construction in Indonesia today is still difficult to adjust to the circumstances that occur, especially in terms of equality issues. The abortion that has been a problem for so long time, being discussed because of the rules that are considered not in accordance with the existing rules, and the amount of pressure from various things. Law and Women are always placed in objects that are not neutral, especially in terms of discussing reproductive health. The government and legislation feel that they have a stake in integrating reproductive health owned by women. It is the position of women in the law that gives rise to many struggle movements and the diffusion of feminism in Indonesia. The rules of Article 31 paragraph 1 and 2 of Government Regulation Number 61 of 2014 which regulate safe abortion need to be more attention and safeguarded, so that a woman has the right to be based on herself. 

scholarly journals Case of Bistieva and Others v. Poland

2020 ◽  
Vol 8 (2) ◽  
pp. 129-139
Author(s):  
Anna Magdalena Kosińska
Keyword(s):  
Family Life ◽  
European Convention ◽  
The European Union ◽  
Council Of Europe ◽  
Irregular Migrants ◽  
Alternative Measures ◽  
Minor Children ◽  
The Republic ◽  
The Right ◽  
Article 5

The present commentary concerns the claims alleging a violation under Article 5 paragraph 1 (the right to liberty and security of a person) and paragraph 4 (the right to take proceedings to determine the lawfulness of the detention) of the European Convention on Human Rights and Article 8 (the right to respect for private and family life) ECHR by using detention by the Republic of Poland for the period of almost 6 months with regard to a family of third-country nationals. The applicant in the case was a national of Russia, Zita Bistieva and her three minor children. The judgement under discussion is significant from the perspective of strengthening the guarantees for the protection of the rights of irregular migrants in the system of both the Council of Europe and the European Union, on the grounds of the concept of equivalent protection adopted in EU primary law. The ruling in question also refers to the fact that the Member States do not sufficiently resort to alternative measures with regard to the detention of foreign nationals.

scholarly journals Transformation Lebanon`s foreign policy vector 2011–2017 y.

2019 ◽  
Vol 21 (92) ◽  
pp. 186-189
Author(s):  
M. M. Dzera ◽  
R. Y. Pasichnyy ◽  
A. M. Ostapchuk
Keyword(s):  
Foreign Policy ◽  
Prime Minister ◽  
Democratic Regime ◽  
Political Arena ◽  
Islamic World ◽  
Conservative Nature ◽  
The World ◽  
Long Time ◽  
The Law ◽  
The Republic

The place and international position of Lebanon in the world political arena today is changing and transforming under the influence of globalization. Thus, this is not deprive, but changes the vector on the international arena and does not exclude the already acquired conservative character. Prime Minister Tamam Salam, who is the executive of the President of the Republic of Lebanon, is reforming and liberalizing the law and changing the vector of foreign policy. He doing this without leaving the traditions and religious views, also without rejecting the conservative nature of foreign and domestic policies. Although Lebanon is part of the League of Arab States, which is accused of non-democracies, it has a democratic regime for a long time. Balancing the policy of the Lebanese Republic between conservatism, traditionalism, democracy and liberalization makes Lebanon a great country for analysis, since it provides an opportunity to reflect the coexistence of democracy with the stereotyped vision of the “Islamic world”.

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