scholarly journals Development of international law on intellectual property and the legislative reforms in Ukraine

2021 ◽  
Vol 7 (3D) ◽  
pp. 647-654
Author(s):  
Oleksiy Kravchuk ◽  
Olha Balynska ◽  
Maryan Hurkovskyy ◽  
Halyna Savchyn ◽  
Oksana Onyshko
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
International Law ◽  
Intellectual Property Rights ◽  
Government Policy ◽  
Empirical Approach ◽  
Legal Enforcement ◽  
Legislative Reforms ◽  
The Way

This article provides an empirical approach of the international states for the development of international law on intellectual property that can further assist for the Ukraine’s legislative reforms in the domain of intellectual property. The significant concerns and opportunities for strengthening intellectual property rights and legal enforcement on the way to European incorporation have been discussed extensively. The findings of the research assist to apply established methods to law and particular government policy on intellectual property implementation.

Ch.2 Nature and Scope of Obligations

2020 ◽  
Author(s):  
Correa Carlos Maria
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Property Rights ◽  
Social Development ◽  
International Law ◽  
Intellectual Property Rights ◽  
Basic Principle ◽  
Trips Agreement ◽  
Use Of Technology ◽  
The Way

This chapter examines the nature and scope of obligations in the Trade-related Aspects of Intellectual Property Rights (TRIPS) Agreement. The first sentence of Article 1.1 of the TRIPS Agreement re-states a basic principle of international law: pacta sunt servanda. It makes clear that the obligations imposed by the Agreement are to be given effect by Members within their respective jurisdictions. Neither this article nor any other provision of the Agreement specifies how such obligations are to be implemented. In countries that follow a ‘dualist’ approach to international law, implementing regulations would be needed, as the Agreement would not be recognized as self-executing. In those adopting a ‘monist’ approach, the Agreement may be directly applied by judicial and administrative authorities, at least to the extent that the provisions are clear enough and self-contained. The way in which the Agreement is implemented may have important implications on the conditions for the access to and use of technology, particularly in developing countries, and on their economic and social development. It is crucial, therefore, to clearly identify the options left by the Agreement to implement its provisions in a manner that is as consistent as possible with Members’ interests and strategies.

scholarly journals Chorzów Factory – intellectual property and the continuity of international law in investor-state dispute settlement

2020 ◽  
Author(s):  
P. Sean Morris
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
International Law ◽  
Intellectual Property Rights ◽  
Dispute Settlement ◽  
International Investment ◽  
International Investment Law ◽  
Investment Arbitration ◽  
Fair Compensation ◽  
Investment Law

One of the most important cases in the jurisprudence of international law – Chorzów Factory – has a hidden secret, so much so that, even when in plain sight, legal post-mortems of the case fail to mention this well-kept secret. Chorzów Factory was about intellectual property rights, specifically patents and trade secrets, and this narrative has never been fully addressed. When the developments in international investment law and arbitration are fully considered it is worth looking back at Chorzów Factory to associate it with new streams of contemporary investor-state disputes that include issues such as intellectual property rights. Because Chorzów Factory has established the full reparation standard for unlawful expropriation, the standard has enabled a continuity of international law and underscores its importance for contemporary investment arbitration. However, the intellectual property narrative of Chorzów Factory has been neglected, and, in this article, I want to develop the intellectual property narrative of Chorzów Factory and to demonstrate the nexus between fair compensation, intellectual property rights and the continuity of international law.

“You Have to Strike That Balance Between Sharing and Charging”

Ethnologies ◽  
2013 ◽  
Vol 33 (2) ◽  
pp. 181-201
Author(s):  
Ian Hayes
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Music Industry ◽  
Commercial Music ◽  
Financial Compensation ◽  
Cape Breton ◽  
The Individual ◽  
The Way

This article will discuss the concept of musical ownership and copyright in the Cape Breton fiddling tradition. Intellectual property rights have become an increasingly important issue in recent years and represent an intersection between the commercial music industry and vernacular tradition. As such, the way boundaries are constructed in regard to repertoire and ownership is subject to debate. On one hand, some discourses favor the rights of the individual, arguing that intellectual property should be protected, acknowledged and subject to financial compensation. Other perspectives favor the rights and needs of the community, valuing free exchange.

19. The relationship between intellectual property rights and competition law

2021 ◽  
pp. 807-851
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
Technology Transfer ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Competition Law ◽  
Controversial Subject ◽  
General Terms ◽  
The Relationship ◽  
Block Exemption ◽  
The Way

This chapter considers the relationship between intellectual property rights and competition law. After a brief introduction, it deals in general terms with the application of Article 101 to licences of intellectual property rights. The chapter proceeds to discuss the provisions of Regulation 316/2014, the block exemption for technology transfer agreements. It also considers the application of Article 101 to various other agreements concerning intellectual property rights such as technology pools and settlements of litigation. This is followed by a section on the application of Article 102 to the way in which dominant undertakings exercise their intellectual property rights, including an examination of the controversial subject of refusals to license intellectual property rights which are sometimes found to be abusive. The chapter concludes with a look at the position in UK competition law.

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