Protection of intellectual property rights on a trademark

In the process of developing their own business, legal entities and individuals are looking for new ways and tools to separate, individualize goods or services from others. The most effective tool to individualize and promote business not only in domestic but also global markets is a trademark. Therefore, it is worth paying attention to the brand from the moment of business formation. After all, the consumer perceives the brand visually, phonetically, semantically, it is a tool that psychologically affects the consumer of a product or service and forces him to make a choice. Relations arising during the acquisition, exercise and protection of trademark rights are provided by the Constitution of Ukraine, the Civil and Commercial Codes of Ukraine, the Law of Ukraine "On Protection of Rights to Marks for Goods and Services", as well as relevant ratified international treaties and other regulations acts. Also, the relevance of this topic is due to the fact that the trademark is a special, unique object of intellectual property rights, a means to individualize goods and services, as well as business participants. Problems of trademark use and protection are a significant issue, as a necessary condition for effective economic development, increasing the level of product competitiveness, not only in Ukraine but also abroad, protection against unfair competition is the proper implementation of trademark rights. During the writing of the article to achieve the goal the concept of trademark in Ukraine and its features were revealed, differences of trademark from other marks for goods and services were established, the legislation of Ukraine in the field of trademark protection was analyzed and characterized trademark in Ukraine.

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Conclusion

Globalizing Innovation ◽

10.7551/mitpress/9780262037358.003.0007 ◽

2018 ◽

Author(s):

Patrick J. W. Egan

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Intellectual Property Rights ◽

Policy Reform ◽

Policy Implications ◽

Data Sources ◽

Future Research ◽

International Treaties ◽

The Future ◽

Innovation Outcomes

This chapter summarizes the main arguments of the book and repeats the central empirical findings. Following a brief discussion of the data sources used to support the varied arguments, this chapter considers the lessons for theory and its strong comparative institutionalist perspective. Policy implications of the book are also considered in this chapter, and the link between institutional and policy reform and innovation outcomes is again emphasized. This chapter considers also the limitations of the book, and the ways the book’s arguments and analysis might be constructively challenged/amended in the future. There are a number of issues not explicitly addressed in the book because of its domestic institutionalist focus, including international treaties on intellectual property rights. The chapter concludes with some suggestions on how these future research agendas might be integrated with existing literature.

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Innovation and Intellectual Property Rights

Biotechnology ◽

10.4018/978-1-5225-8903-7.ch079 ◽

2019 ◽

pp. 1944-1965

Author(s):

Mercedes Campi

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Plant Breeding ◽

Intellectual Property Rights ◽

Growth Rates ◽

Intellectual Property Protection ◽

Necessary Condition ◽

Adoption Rate ◽

The Us ◽

Open Debate

As a contribution to the open debate regarding the effect of Intellectual Property Rights (IPRs) on innovation, this chapter postulates that the adoption of strong IPRs is not a necessary condition to foster innovation in the plant breeding industry. The chapter studies the evolution of the soybean breeding industry in the US and Argentina and shows that regardless the level of intellectual property protection, if there is an attractive and profitable market, firms may search for different appropriability strategies rather than changing their innovative behavior. The chapter finds that the growth rates of new soybean varieties are similar in both countries and the adoption rate is faster in Argentina where the IPRs system is weaker.

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Intellectual Property Rights and Biodiversity Management: The Case of India

Global Environmental Politics ◽

10.1162/152638004773730239 ◽

2004 ◽

Vol 4 (1) ◽

pp. 97-114 ◽

Cited By ~ 7

Author(s):

Philippe Cullet ◽

Jawahar Raja

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Intellectual Property Rights ◽

Legal Framework ◽

International Treaties ◽

Human Right ◽

Individual Level ◽

Biological Resources ◽

The Individual ◽

Biodiversity Convention

This article analyzes the impacts of the international legal framework for the promotion of intellectual property rights on India's legal regime concerning the control over biological resources and inventions derived from biological resources. It focuses in particular on the newly adopted Biodiversity Act and Plant Variety Act as well as on amendments to the Patents Act and their organic relationship within the overall domestic legal framework. It analyzes these enactments in the context of the move towards the control of biological resources and derived products through property rights fostered by existing international treaties, in particular the TRIPS agreement and the biodiversity convention. This has impacts not only for control over biological resources and derived products but also more generally on the management of agriculture in India and other developing countries and the realization of food security and the human right to food at the individual level.

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Intellectual Property, Traditional Resources Rights, and Natural Law: A Clash of Cultures

The International Review of Information Ethics ◽

10.29173/irie20 ◽

2007 ◽

Vol 7 ◽

pp. 182-188

Author(s):

John N Gathegi

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Intellectual Property Rights ◽

Natural Law ◽

Large Degree ◽

World Intellectual Property Organization ◽

International Treaties ◽

The World ◽

African Context ◽

Clash Of Cultures

Western nations, through international treaties and bodies such as the World Trade Organization, the World Intellectual Property Organization, and economic and political pressures on many governments, are to a large degree succeeding in strengthening protection of intellectual property rights as they are understood mainly within the western context. Framing the debate within Locke‘s theory of natural law, the paper discusses the extent to which this strengthening of intellectual property rights is appropriate for developing countries, especially within the African context.

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Innovation and Intellectual Property Rights

Handbook of Research on Driving Competitive Advantage through Sustainable, Lean, and Disruptive Innovation - Advances in Business Strategy and Competitive Advantage ◽

10.4018/978-1-5225-0135-0.ch014 ◽

2016 ◽

pp. 334-354 ◽

Cited By ~ 1

Author(s):

Mercedes Campi

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Plant Breeding ◽

Intellectual Property Rights ◽

Growth Rates ◽

Intellectual Property Protection ◽

Necessary Condition ◽

Adoption Rate ◽

The Us ◽

Open Debate

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Singular Value Decomposition (SVD) Based Attack on Different Watermarking Schemes

Computing Letters ◽

10.1163/157404006778330843 ◽

2006 ◽

Vol 2 (3) ◽

pp. 149-154 ◽

Cited By ~ 2

Author(s):

Milind Engedy ◽

Munaga. V. N. K. Prasad ◽

Ashutosh Saxena

Keyword(s):

Intellectual Property ◽

Singular Value Decomposition ◽

Property Rights ◽

Intellectual Property Rights ◽

Digital Watermarking ◽

Singular Value ◽

Digital Content ◽

Necessary Condition ◽

Value Decomposition ◽

Excellent Tool

Digital Watermarking is an excellent tool at the disposal of the owners of the digital content to protect their Intellectual Property Rights (IPR). In this paper we present an attack on several watermarking schemes that forgo their claims of proving ownership of digital content. The attack takes the advantage of one-to-many relationship between the Singular value matrix and the decomposing matrix. In this paper we prove that the two ways one-to-one relationship between the watermark and the watermark dependent pattern to be hidden in the image as a necessary condition to invalidate the multiple claims of ownership of digital content. We also recommend the standardization of watermarking schemes and registration of watermarks with legal authorities so as to make the system transparent.

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THE CONCEPT AND CONTENT OF PUBLIC ADMINISTRATION PROCEDURES IN THE FIELD OF INTELLECTUAL PROPERTY IN THE COUNTRIES OF THE EUROPEAN UNION

Bulletin of Alfred Nobel University Series "Law" ◽

10.32342/2709-6408-2021-1-2-15 ◽

2021 ◽

Vol 1 (2) ◽

Author(s):

Pavlo V. Makushev ◽

◽

Andriy V. Khrid�chkin ◽

Keyword(s):

European Union ◽

Intellectual Property ◽

Property Rights ◽

Public Administration ◽

Intellectual Property Rights ◽

Case Law ◽

Legal Regulation ◽

The European Union ◽

Goods And Services ◽

Court Of Justice

The article considers the features of public administration in the field of intellectual property and the conceptual basis for the formation of its procedures in the European Union. The conceptual bases of formation and development of procedures of public administration in the field of intellectual property in the countries of the European Union are opened. The pluralism of approaches to the definition of public administration procedures in the field of intellectual property in the countries of the European Union is analyzed. The normative-legal base of procedures of public administration in the field of intellectual property in the countries of the European Union is given. The acts of the Court of Justice of the European Communities on public administration in the field of intellectual property are analyzed. It is proved that the formation of European private law is due to the purpose of creating and functioning of a common market. It is established that in the national legal systems of European countries the regulation of public relations in the field of intellectual property is given considerable attention. The process of improving the procedures of public administration in the field of intellectual property in the European Union is analyzed and the legal framework of this process is given. A feature of European Union law is to strengthen the protection of intellectual property rights through two main mechanisms: harmonization of legislation of member states of the European Union and the introduction of European Union protection documents for various intellectual property. Thus, other partner countries of the European Union, in addition to measures to approximate legislation, may decide on the signing of agreements on entry into the regional European system of protection of certain intellectual property. The member states of the European Union pursue a coherent policy in the field of legal protection and use of intellectual property. Guided by the principle of free movement of goods and services, they focus their efforts primarily on the unification and harmonization of legislation in the field of intellectual property and prevention of the use of intellectual property rights in unfair competition. Within the European Union, a system of direct regulation of the processes of unification and harmonization of legislation in the field of intellectual property, which is especially characteristic of the field of copyright and related rights. The Court of Justice of the European Communities plays a significant role in the unification and harmonization of the legal regulation of relations in the field of intellectual property. In the absence of appropriate harmonization of national legislation in the field of intellectual property with the principles of free movement of goods and services, as well as freedom of competition, proclaimed by the European Union, the importance of the case law of the European Court of Justice is difficult to overestimate. The beginning of unification and harmonization activities in the field of intellectual property protection is preceded by a stage of case law enforcement practice, which allows to identify existing gaps in legal regulation and solve relevant problems. At present, it is a question of the existence of a special system of intellectual property rights of the European Union, formed in its general features, built on principles different from the traditional national ones, with a special subject of regulation. At the same time, this system is a new legal phenomenon that is developing quite dynamically and rapidly along with national and international legal systems. The legal regulation of intellectual property relations in the European Union aims to ensure a high level of protection of these rights, as they are the legal basis for the protection of the results of creative activity. The conclusion about the urgency of research of problems of public administration in the field of intellectual property in the countries of the European Union is made.

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Objects of intellectual property rights: general terms of protection

Theory and Practice of Intellectual Property ◽

10.33731/62020.233970 ◽

2021 ◽

pp. 98-106

Author(s):

Olena Bakhareva

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Intellectual Property Rights ◽

Computer Programs ◽

Civil Code ◽

Brand Names ◽

Goods And Services ◽

General Terms ◽

Commercial Code ◽

Utility Models

Keywords: wine go and brown models, promises, sort of roslin that breed of twarin,trade marks (marks for goods), commerce (form) naymenuvannya, geographic significance,komertsiyna tamnytsya, computer programs Intellectual property is the result of human creativity: works of art and science, inventionsand utility models in all fields of human activity, industrial designs, trademarks(marks for goods and services), commercial (brand) names, information products,selection achievements, etc. Intellectual property is created as a result of purposefulmental work of human intellect, the result of which is something new, characterized byuniqueness, originality, uniqueness.According to the provisions of the Civil Code of Ukraine, an intellectual property rightis a person’s right to the result of intellectual, creative activity or another object of intellectualproperty right, defined by this Code and another law. Intellectual property rightsare personal non-property intellectual property rights and (or) property intellectual propertyrights, the content of which in relation to certain objects of intellectual propertyrights is determined by this Code and other law. Intellectual property rights are inviolable.No one may be deprived of intellectual property rights or restricted in their exercise,except in cases provided by law.The Commercial Code of Ukraine provides a list of intellectual property, leaving itopen and states that the general conditions for the protection of intellectual propertyrights to objects are determined by the Civil Code of Ukraine. In the Civil Code ofUkraine, the fourth Book «Intellectual Property Law» is devoted to the issue of intellectualproperty. The Civil Code of Ukraine provides a more extensive list of objects of intellectualproperty rights, defines their concepts.According to Article 420 of the Civil Code of Ukraine, the objects of intellectual propertyrights, in particular, include: literary and artistic works; computer programs; datacompilation (database); implementation; phonograms, videograms, broadcasts (programs)of broadcasting organizations; scientific discoveries; inventions, utility models,industrial designs; arrangement of semiconductor products; innovation proposals; plantvarieties, animal breeds; commercial (brand) names, trademarks (signs for goods andservices), geographical indications; trade secrets.The purpose of my article is to summarize information about the objects of intellectualproperty rights, disclosure of their concepts with reference to relevant regulatorysources. Therefore, to simplify the reader's perception and search for concepts in differentsources, it was decided to group them in one text. I hope that the information providedwill be useful.

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Legal Responses to IPR Infringement in Internet Sphere

Asian Journal of Humanity Art and Literature ◽

10.18034/ajhal.v5i1.329 ◽

2018 ◽

Vol 5 (1) ◽

pp. 19-32

Author(s):

Mahbubl Islam

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Intellectual Property Rights ◽

Global Scale ◽

The Internet ◽

Digital Revolution ◽

Goods And Services ◽

Legal Responses ◽

Online Business ◽

Ip Law

The emergence of the Internet has changed the ways in which we create, distribute, access, and use information. The Internet provides manifold opportunities for users, operators, businesses, and the public at large for speedy, cheap, and global dissemination of information, knowledge, research, and entertainment. At the same time, it also poses complex conceptual and empirical challenges for intellectual property and related rights. Works of intellectual property can be digitized and transferred over the Internet. Many trademarks have been placed on it by the companies for advertising and marketing goods and services. In the field of copyright, a number of works of literature, film and art, and notably computer programs, have been transferred over the Internet. The patent system has also migrated onto the Internet. It is now popular for companies to patent their online business methods. In the Internet Sphere, the infringer can easily misdirect consumers to its website by using another’s trademark as a meta-tag, and it is also easy to copy and distribute other’s copyright materials unlawfully. Due to global nature of the Internet, an Internet IP infringement usually happens not only within one country but also across borders. All of these have raised many difficulties for the protection of IPRs in Internet sphere. Therefore everyone has been dubious of what the actual laws concerning Intellectual Property rights are in relation to Internet sphere. Today the Internet explosion has made the question of how to enforce IP law on a global scale as an imperative issue. In this Article, the author tries to accentuate the existing as well as changing IPR challenges brought about by the Internet and project what issues a national legislature should consider to meet the demands of the digital revolution. The core object of this study is to scrutinize the compelling factors behind the Intellectual Property Rights Infringements through the Internet and investigate the existing Legal Responses in International, Regional and Local levels. However, the findings demonstrate that mass-awareness, consensus and mutual co-operation among the developed and developing countries, proper enforcement of the existing laws as well as bringing amendments to some areas of Law can be cited as a potential solution.

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Protection of intellectual property rights in the field of biotechnology

Theory and Practice of Intellectual Property ◽

10.33731/62021.249001 ◽

2021 ◽

pp. 38-48

Author(s):

Hanna Fedotova ◽

Svitlana Fyl

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Intellectual Property Rights ◽

Human Life ◽

Legal Protection ◽

Legal Regulation ◽

Practical Implementation ◽

International Treaties ◽

Ofthe Object ◽

Biotechnological Inventions

Keywords: intellectual property rights, biotechnologies, patenting, legal protection,legislation Current trends of globalization and the process of European integrationof Ukraine necessitate the creation of an effective mechanism of legal regulationof intellectual property rights in the field of biotechnology, due to the constitutionalprovisions according to which human life and health are the highest value inthe state. The purpose of the study was to determine the legal regulation of protection of intellectual property rights in the field of biotechnology. Empirical and theoreticalmethods of scientific cognition are used for comprehensive consideration of the topicof the article. It has been found that modern biotechnological advances require inventorsnot only to secure monopoly rights to use them, but also to comply with the moraland ethical criteria for the perception of inventions created by genetic engineeringand living matter. It is determined that the legal system of intellectual property protectionin the field of biotechnology is based on the provisions of the Constitution ofUkraine, the Civil Code of Ukraine, regulations in the field of health and agriculture,international treaties and special legislation in the field of intellectual property. It isestablished that the system of legal protection of biotechnological inventions consistsof the acquisition of intellectual property rights to these inventions (establishment ofthe object of patenting and compliance with patentability, state registration of inventions)and the use and disposal of intellectual property rights to such inventions. Alegislative support of legal protection of biotechnological inventions is seen in furtherempirical research and theoretical and methodological substantiation in order to determinethe legal mechanisms of their practical implementation.

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