PROBLEMS OF RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS IN INTELLECTUAL PROPERTY DISPUTES

2021 ◽  
Vol 10 (6) ◽  
pp. 232-251
Author(s):  
N.A. SHEBANOVA
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Real Space ◽  
Court Decision ◽  
The Internet ◽  
Intangible Asset ◽  
Court Decisions ◽  
Recognition And Enforcement ◽  
Intellectual Property Infringement

Intellectual property is significant intangible asset, having which gives his owner undeniable advantage on the market. The increase in the number of cross-border transactions with intellectual property objects has led to an increase in the number of disputed in the field of intellectual property complicated by a foreign element. The purpose of this research is to assess the prospects of the recognition and enforcement of a foreign court decision made in a dispute over intellectual property rights. The author pays attention to traditional problems related to the recognition and execution of foreign court decisions, emphasising that these same problems are common for decisions made with respect to intellectual property rights disputes, if those disputes took place in real space. However, the situation is getting worse is the violation of rights occurred in the Internet space. Emphasising that the fundamental prerequisite for the recognition and enforcement of a foreign court decision is the determination of the jurisdiction of the court, the author analyses the approaches developed by WIPO and individual states to determining the appropriate court competent to consider disputes over intellectual property infringement in the Internet space. The article pays special attention to the limits of action of judicial acts handed down in such disputes. As an illustration of the relevance and complexity of problems related to the recognition and execution of foreign court decisions on intellectual property infringement in the Internet space, the article analyses the case Google v. Equustek.

32. Remedies in intellectual property litigation

2019 ◽  
pp. 640-674
Author(s):  
Paul Torremans
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Essential Elements ◽  
Traditional Remedies ◽  
Civil Remedies ◽  
Intellectual Property Infringement ◽  
The Relationship ◽  
Full Trial

This chapter discusses the enforcement procedures used in relation to intellectual property rights, the civil remedies that apply, and some issues which arise in relation to the gathering of evidence in intellectual property cases. It identifies three essential elements in the relationship between intellectual property rights and remedies. First, there are the traditional remedies headed by damages that are normally granted at the trial. Second, intellectual property infringement often requires immediate action or a pre-emptive strike. Finally, gathering evidence that is vital for the full trial in an infringement case.

scholarly journals LEGAL ASPECTS OF EXISTENCE OF INTELLECTUAL PROPERTY IN THE INTERNET

2020 ◽  
pp. 70-80
Author(s):  
O.V. Boychenko ◽  
O.Yu. Smirnova
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Russian Federation ◽  
Legal Aspects ◽  
The Internet ◽  
Legislative Process ◽  
The Russian Federation ◽  
The Government ◽  
Protecting Intellectual Property

The article considers the legal aspects of the existence of intellectual property on the Internet. The main regulatory documents governing the relationship between the use of intellectual property on the Internet are analyzed, such as: the WIPO international convention, the Civil Code of the Russian Federation, part 4; Decree of the Government of the Russian Federation of 09.02.2012; The latest edition of the Constitution of the Russian Federation. In the form of a structural and didactic scheme are presented: objects of intellectual property, means of individualization; an algorithm for the interaction of participants in the legislative process to seize illegal content. Features of the problems of protecting intellectual property rights on the Internet, the main causes of violation of intellectual property rights and ways of protecting intellectual property are presented. The losses of various sectors of society from Internet piracy are given. The basic tools of copyright infringement on the Internet are described, as well as existing methods of confirming copyright in content.

COPYRIGHT AND RELATED RIGHTS PROTECTION IN MODERN CONDITIONS

2017 ◽  
Author(s):  
Hanna Urazova ◽  
◽  
Yulia Gudzenko ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
World Intellectual Property Organization ◽  
Modern World ◽  
The Internet ◽  
Rights Protection ◽  
Domestic Legislation ◽  
The Law ◽  
Definition Of

The article presents a study of the problem of protection and enforcement of intellectual property rights, namely copyright and related rights. It is noted that the issue of protection and preservation of copyright and related rights in the modern world is very relevant and currently not fully resolved. The analysis of normative-legal documents in this sphere is carried out. In particular, the domestic legislation was studied, namely, the norms of the Civil and Criminal Codes of Ukraine, the Law of Ukraine "On Copyright and Related Rights", the Law of Ukraine "On State Support of Cinematography in Ukraine". International normative legal acts are analyzed. Namely: the World Intellectual Property Organization Copyright Treaty (BOIB Agreement) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). The definition of "protection" is given, as well as the objects and subjects of copyright and related rights. The article also pays attention to the types of copyright and related rights protection: jurisdictional and non-jurisdictional. Two modern ways of copyright protection have been studied - copyright and copyleft. Civil law protection is analyzed: the grounds for a person to go to court to protect their intellectual property rights, the procedure for protection of infringed rights and ways to protect these rights are determined. It has been established that filing a claim against the infringer of copyright and related rights is not always an effective way of protection. Thus, the subjects of copyright and related rights often choose to protect their infringed rights. Problems related to the regulation, protection and proof of copyright infringement on the Internet have been identified. An analysis of case law on the protection of copyright and related rights. It has been found that courts do not always adequately protect related rights that have been violated on the Internet. The conclusions and prospects of development of protection and protection of copyright and related rights are given.

Open Source Intellectual Property Rights

2011 ◽  
pp. 785-790
Author(s):  
Stewart T. Fleming
Keyword(s):  
Intellectual Property ◽  
World Wide Web ◽  
Property Rights ◽  
Open Source ◽  
Intellectual Property Rights ◽  
Open Source Software ◽  
World Wide ◽  
Source Code ◽  
The Internet ◽  
The World

The open source software movement exists as a loose collection of individuals, organizations, and philosophies roughly grouped under the intent of making software source code as widely available as possible (Raymond, 1998). While the movement as such can trace its roots back more than 30 years to the development of academic software, the Internet, the World Wide Web, and so forth, the popularization of the movement grew significantly from the mid-80s (Naughton, 2000).

Electronic Art and the Law: Intellectual Property Rights in Cyberspace

Leonardo ◽  
1999 ◽  
Vol 32 (3) ◽  
pp. 191-195 ◽  
Author(s):  
Patricia Search
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Copyright Law ◽  
Court Decisions ◽  
Direct Impact ◽  
Electronic Art ◽  
Collaborative Networking ◽  
The 1960S ◽  
Definition Of

The dematerialization of art that began in the 1960s has reached new heights with the use of electronic media. We are at an important crossroads in defining intellectual property rights that will have a direct impact on the way we create and disseminate electronic art in the future. This paper examines the historical evolution of the definition of “author” in copyright law. The paper shows how current copyright legislation and recent court decisions do not address the plasticity of the medium and the new forms of authorship that are defined by the artistic use of techniques such as virtual reality, artificial intelligence, hypermedia links and collaborative networking.

Research on Intellectual Property Protection under Network Information Sharing Environment

2014 ◽  
Vol 687-691 ◽  
pp. 1991-1994 ◽  
Author(s):  
Ni Xue
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Intellectual Property Protection ◽  
Network Environment ◽  
Network Information ◽  
Incentive Theory ◽  
Depth Analysis ◽  
Intellectual Property Infringement ◽  
Network Sharing

As a powerful weapon of an acceleration of technological progress and economic development the intellectual property protection system also has an unprecedented attention. The development of digital technology significantly increased possibility of the intellectual property infringement behavior. In this paper, the network sharing of information is bound to increase behaviors network infringement of intellectual property rights, and increase the difficulty of intellectual property protection. Through summarizing the characteristics of network intellectual properties and information network sharing under the network environment, the contradictory and unified relationship between network sharing and intellectual property protection is made in-depth analysis. This paper attempts to think the rationality of the existence of intellectual property rights under the network environment, and research the legitimacy of Internet intellectual property rights and Internet environment protection of intellectual property rights interests balance theory and incentive theory problems.

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