scholarly journals Rights to Designaton Focusing on Protected Designations and Geographical Indications of Agricultural Products and Foodstuffs

2015 ◽  
Vol 3 (2) ◽  
pp. 55-60
Author(s):  
Zuzana Ilková
Keyword(s):  
Competitive Advantage ◽  
Geographical Origin ◽  
Legal Regulation ◽  
Agricultural Products ◽  
Geographical Indications ◽  
Creative Activity ◽  
Industrial Property ◽  
Goods And Services ◽  
The Right ◽  
Wine Region

AbstractThe paper deals with the issue covered by the field of industrial property, it deals with the right to designation, especially with characteristics of legal regulation of labeling of products with regard to their geographical origin at the Slovak, communitarian and international levels. Individual objects of the industrial property may be the result of intellectual creative activity of its creator/creators (e.g. inventions, utility models, designs) or they are not the result of creative activity of a particular natural person and are considered as industrial property rights to designation. The group of rights to designation includes: business names, trademarks, designation of origin for products and geographical indications for products. The rights to designation, inter alia, shall ensure uniqueness and competitive advantage for entrepreneurs and easy identification on the market of goods and services for the consumers. The paper closely analyzes the harmonized legal regulation of designations of origin and geographical indications of agricultural products, foodstuffs, spirit drinks, and wines. At the example of Tokaj wine region, it demonstrates the importance of protected designations at the EU level, in case of which demonstrable geographical origin of the product with controlled product specification by authorized national bodies brings a guarantee of quality of this product for consumers and the competitive advantage during their commercial implementation for the entrepreneurs.

scholarly journals Problems of legal protection of industrial samples in enterprises in Ukraine

2020 ◽  
pp. 234-237
Author(s):  
Olga Bondarenko
Keyword(s):  
Intellectual Property ◽  
Western Europe ◽  
Industrial Design ◽  
Negative Impact ◽  
Legal Protection ◽  
Legal Regulation ◽  
Industrial Property ◽  
Goods And Services ◽  
Legislative Framework ◽  
Business Entities

The article deals with the important problems that arise in the implementation of the legal protection of industrial designs in the enterprise in the course of their economic activity. One of the major problems associated with the legal regulation of the protection, use and protection of industrial property is the clash of the rights of some entities with the rights to other intellectual property. An example would be the collision of industrial design rights with copyright and trademark rights for goods and services. In addition, the concept of production has changed from mass to serial and customer-oriented, the life cycle of the product has been significantly reduced and its moral rapid aging has become dominant in its renewal. It was noted that there was a need to improve the legislation on industrial designs and the preliminary scientifically sound justification of strategic direction (from patenting to registration) and privacy before elaboration of relevant proposals and bills. The efficiency of legal protection of industrial designs in enterprises depends on the degree of perfection of the legislative framework. First of all, it is analyzed what violations of patent holders' rights can arise and what ways of overcoming them can be applied to reduce the negative impact of such violations on the economic growth of the enterprise. Please note that it is now very often necessary to identify major conflicting or problematic situations in granting legal protection to industrial designs and trademarks, as well as the question of the legislative and enforceable distribution of two types of exclusive rights. Often there are disputes about the relation between the legal protection of the industrial design and the trademark. This issue has been analyzed and specific proposals are made for amending existing legislation on industrial designs. Also considered are the types of patent strategies developed by major corporations in Japan, the US and Western Europe, such as: patent flood strategy, patent blocking strategy, combined patent strategy. And, based on this analysis, we recommend that they be put into practice by business entities to protect and safeguard their intellectual property rights.

scholarly journals HISTORICAL EXPERIENCE OF INTELLECTUAL PROPERTY REGULATION IN GALICIA AS A PART OF AUSTRIA AND AUSTRO-HUNGARY (1772–1918)

2021 ◽  
Vol 77 (4) ◽  
pp. 23-29
Author(s):  
Ihor Boiko ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Legal Regulation ◽  
Civil Code ◽  
Industrial Property ◽  
Historical Experience ◽  
Definition Of ◽  
The Right ◽  
First Time ◽  
Right Of Reproduction

The article analyzes the features of the legal regulation of intellectual property in Ukraine, in particular in the Ukrainian lands of Austria and Austria-Hungary (1772-1918). The author shows that the main source of legal regulation of civil relations, in particular intellectual property, in Galicia as part of Austria and Austria-Hungary (1772–1918) was the Austrian Civil Code of 1811. Property rights under the Austrian Civil Code of 1811 were the right of ownership, the right of possession, the right to pledge, and easements. The author highlights that things were divided into corporeal, disembodied, movable and immovable, used and unused, with price and without price. The bodily things were those perceived by the sense organs. Disembodied things included, first of all, property rights - the right to fish, hunt, and so on. It is shown that in the Austrian Empire for the first time the provisions on the legal regulation of intellectual property were provided for in the Civil Code of 1811 (Articles 1164‒1170). The author shows that the Austrian legal acts of 1846 for the first time regulated the free use of works, including the right of translation, citation. According to the law of 1846, the artist had to reserve the right of reproduction and exercise it for 2 years under the threat of losing his rights. It is emphasized that the presence of Western Ukrainian lands in the Austro-Hungarian monarchy, in comparison with the previous period of the Commonwealth, contributed to the spiritual progress of the Ukrainian nation, intensified cultural and artistic processes in Ukrainian lands. The author reveals that an important and new normative act in the field of intellectual property regulation was the Austrian Copyright Act for works of literature, art and photography, adopted on December 26, 1895. Attention is focused on the fact that the development of industrial property rights was carried out under the influence of economic development, which in the western Ukrainian lands as part of Austria was slower than in the economically developed regions of Austria, and thus - Austria-Hungary. It is concluded that the development of legal regulation of intellectual property in Galicia as part of Austria and Austria-Hungary (1772-1918) formed a certain experience, which was characterized by the specification of objects, subjects, the definition of intellectual property, the consolidation of copyright and their defense in court.

Do you Prefer Scotch or German Whisky? CJEU Judgment in the Scotch Whisky and Glen Buchenbach Dispute

2018 ◽  
Vol 9 (4) ◽  
pp. 719-729
Author(s):  
Vadim MANTROV
Keyword(s):  
Geographical Origin ◽  
Geographical Indications ◽  
Preliminary Ruling ◽  
Similar Form ◽  
Visual Appearance ◽  
Commercial Use ◽  
European Consumer ◽  
Council Regulation ◽  
The Right ◽  
Scotch Whisky

Case C-44/17, Scotch Whisky Association v Michael Klotz, 7 June 2018 (Fifth Chamber)The CJEU issued a preliminary ruling in a dispute between the protected indication of geographical origin Scotch Whisky and the disputed sign Glen Buchenbach over the right to use the designation Glen. The CJEU provided further clarification of the four protection norms for safeguarding protected indications of geographical origin. Commencing with interpreting the phrase “any direct or indirect commercial use”, the CJEU established that the term “use” refers to the visual appearance of a protected indication covering its use in either an identical or similar form in the disputed sign. The terms “direct” and “indirect” refer to the way in which appearance takes place: the former term covers affixing a disputed sign directly on the product (ie labelling); the latter term comprises other forms of use such as advertising or accompanying documents. Further, the CJEU held that “evocation” means evaluating whether an average European consumer thinks directly of a protected indication of geographical origin when confronted with an infringing sign. Finally, the CJEU averred that assessing whether a disputed sign is used either as an evocation or as a “false and misleading indication” does not depend on the context in which the sign is used.Article 16 of Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89, OJ L - 8, of 13.2.2008, pp 16–54 [Spirits Regulation].

scholarly journals Criteria for the effectiveness of normative legal regulation of the right to freedom of creativity in Ukraine

2020 ◽  
pp. 62-66
Author(s):  
Natalia Opolska
Keyword(s):  
Cultural Values ◽  
Legal Regulation ◽  
The State ◽  
Legal Responsibility ◽  
Clear Definition ◽  
Creative Activity ◽  
Intellectual Activity ◽  
Definition Of ◽  
The Right ◽  
Political Realities

The article presents the result of determining the effectiveness of normative legal regulation of the right to freedom of creativity. It is established that the criteria of effectiveness are: a) the perfection of legal regulation of the right to freedom of creativity; b) conformity of normative legal acts in the sphere of the right to freedom of creativity with socio-economic and political realities, possibilities of exercising the norms of the right of creative competences enshrined therein and their protection in court; c) reduction of imperative, imperative methods of regulation by increasing the dispositive methods; d) a clear definition of the types of legal responsibility for the violation of the right to freedom of creativity. As a result of the theoretical modeling of the evaluation of the effectiveness of the normative legal regulation of the right to creativity in Ukraine, it is proposed to amend the legislation. It is proved that Article 54 of the Constitution of Ukraine should be set out in the following wording: types of intellectual activity. Everyone is guaranteed the right to the results of his intellectual, creative activity; no one may use or distribute them without his or her consent, except as provided by law. The state contributes to the development of all kinds of creative activity, establishing appropriate ties of Ukraine with the world community. Cultural heritage is protected by law. The state ensures the preservation of historical monuments and other objects of cultural value, takes measures to return to Ukraine cultural values of the people who are beyond its borders. " It is substantiated that these changes will enhance the effectiveness of ensuring the right to freedom of creativity in terms of creating a scientifically sound system of legislation and its ability to ensure that the real needs and interests of the subjects of law are harmonized. The inconsistency of normative legal acts in the sphere of the right to freedom of creativity with socio-economic and political realities has been proved. There is a lack of effective socio-economic support for creators, creative unions and associations. It is substantiated that tendencies of socio-economic development should be directed to the development of science, technology, and culture. It is noted that the absence of a definition of the concept of academic responsibility in the legislation testifies to the lack of a clear definition of the types of legal responsibility for violations in the field of the right to creative work.

scholarly journals The System of Legal Regulation of Cross-Border Relations in the Field of Industrial Property: Terminological Aspects

2021 ◽  
Vol 16 (7) ◽  
pp. 110-124
Author(s):  
B. A. Shakhnazarov
Keyword(s):  
Intellectual Property ◽  
Legal Regulation ◽  
Industrial Property ◽  
Legal Norms ◽  
Cross Border ◽  
General Object ◽  
Legal Fact ◽  
The Right ◽  
The Relationship ◽  
State Nature

The paper discusses the terminological aspects of the system of legal regulation of cross-border relations in the field of industrial property. The use of the term “cross-border relations” does not in itself imply the overcoming of the territorial principle of industrial property protection. Transboundariness as a characteristic of private-law relations, which presupposes a complication of the relationship by a foreign element, means the presence of any connection between the relationship (through a subject or legal fact in the case of cross-border relations in the field of industrial property) with the legal order of several states. It is proposed to define industrial property as rights (exclusive and personal non-property) related to intellectual property in the production-technical and production-trade areas. The system of legal regulation of cross-border relations in the field of industrial property is defined by the author as a coherent group of norms consisting of interrelated and interdependent principles of protection of industrial property (universal, general object and special object), other international and national substantive legal and national conflict-of-laws norms subordinate to these principles, as well as individual norms of non-state nature, subordinate to all the specified legal norms, regulating relations complicated by a foreign element regarding the emergence, use, transfer, restriction, termination, protection of rights to industrial property. In this case, a foreign element in a legal relationship can be represented by the subject, as well as by a legal fact: the place of violation of the right to the industrial property object, the place of execution of the formalities necessary for the protection of the industrial property object, as well as the place of occurrence of the consequences of harm caused by the violation of rights to intellectual property object.

INTERNATIONAL ASPECT OF PLANT VARIETY RIGHTS PROTECTION

2018 ◽  
Author(s):  
Oleg Kurchin ◽  
◽  
Аnna Pakhomova ◽  
Keyword(s):  
Crop Production ◽  
Agricultural Sector ◽  
Positive Impact ◽  
Personal Responsibility ◽  
Legal Protection ◽  
Legal Regulation ◽  
Industrial Property ◽  
Plant Variety ◽  
Reproductive Material ◽  
The Right

The article is devoted to the study and further generalization of world practice in the field of protection of plant variety rights. Undoubtedly, the development and improvement of legal regulation of breeding activities and the introduction of new plant varieties in agricultural production - one of the most promising areas of modern agricultural law, which is the result of modern agricultural policy. Emphasizing the peculiarities of the legal regulation of selection activities, it is noted that the right to a variety is a non-traditional object of intellectual property. Unlike industrial property, which after its development acquires a finished form and does not change during use, biological objects are changeable. This is especially true of plants, the use of which requires re-propagation by means of reproductive material. In the case of legal protection of plant varieties, the object of legal protection itself is separated from its material carrier, reproductive material, the circulation of which also requires special legislation. In addition, it is investigated that in Ukraine today the main problem is the lack of discipline and responsibility in the implementation of existing norms, control and clear division of powers between the bodies involved in the registration of plant varieties. The lack of personal responsibility of officials, including material, in relation to applicants, as provided by European norms, is also indicated. As a result, it is proposed to amend the current legislation, adapted to international law, including the main provisions of the UPOV Convention, which should positively affect the activities of breeders in the field of plant variety rights, encouraging them to new breeding achievements. Such changes will lead to the definition of the most effective priorities in crop production, will give new incentives to increase competition, which will have a positive impact on the development of the private sector of the agricultural sector.

scholarly journals Legal aspects of some internet marketing instruments

2012 ◽  
Vol 60 (2) ◽  
pp. 117-124
Author(s):  
Hana Kelblová
Keyword(s):  
Sex Education ◽  
Search Engines ◽  
Privacy Protection ◽  
Internet Marketing ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The Internet ◽  
Goods And Services ◽  
The Right Of Privacy ◽  
The Right

The development of the Internet and sophisticated search engines such as e.g. Google together with the spread of social networks have introduced new marketing possibilities of addressing potential clients with offer of goods and services. Unlike most traditional marketing procedures, these instruments allow for targeting the business information directly at concrete individuals, taking into consideration their age, sex, education, hobbies. All this is based on their choice of words keyed into the search engines. This is the targeted advertising where consumer response can be accurately measured, e.i. the so called context advertising.The purpose of this paper is to analyse the legal aspects of some of the above mentioned internet marketing instruments, as even in this sphere legal regulation clearly lags behind the dynamically developing possibilities of the Internet as a means of communication. These marketing methods being viewed from the perspective of valid laws, several problem areas may be detected, which concern the right of privacy protection of natural person, intellectual property, or legal regulation of implied or unsolicited advertising.This paper concentrates on the summary of rules of law which regulate internet users privacy protection with respect to the Czech and Community laws, assessment of their efficiency and de lege ferenda discretion.

scholarly journals Geographical Indications and Designations of Origin linked Agricultural Products: Current Statistics from Turkey

2020 ◽  
Vol 8 (4) ◽  
pp. 957-959
Author(s):  
Didar Ucuncuoglu
Keyword(s):  
Agricultural Products ◽  
The Other ◽  
Raw Material ◽  
Current Status ◽  
Geographical Indications ◽  
Geographical Indication ◽  
Industrial Property ◽  
Traditional Market ◽  
Protected Designations Of Origin ◽  
Agricultural Material

Geographical indications and designation of origins is an industrial property right describing a product originated from any region or attributable to any region due to its quality, reputation or other characteristics. Particularly, the geographical indications (GI) provide information about the raw material or final products’ geographical roots to consumers and characterize the degree of its quality. Two types of GI were defined: Protected Designations of Origin (PDO) and Protected Geographical Indication (PGI). On the other hand, the products that cannot be registered as a designation of origin or geographical indication could be registered as Traditional Speciality Guaranteed (TSG) products specialty guaranteed if it can be proven that the product is on the traditional market for at least 30 years. The main goal of this research is to examine Turkey’s current status about labelled geographic agricultural material with a comparative statistic overview.

scholarly journals THE DEVELOPMENT OF PROTECTION OF GEOGRAPHICAL INDICATIONS AND DESIGNATIONS OF ORIGIN IN THE EUROPEAN UNION

2016 ◽  
Vol 2 (127) ◽  
pp. 82-89
Author(s):  
Y. Kapitsa
Keyword(s):  
National Level ◽  
Agricultural Products ◽  
Geographical Indications ◽  
Specific Character ◽  
The European Union ◽  
Legal Regime ◽  
Industrial Property ◽  
The Difference ◽  
Small Producers ◽  
The Eu

The article discusses the codification of EU acts on the protection of designations of origin and geographical indications. It is noted the higher protection requirements in the EU compared to the TRIPS Agreement and the Lisbon Treaty. It is noted the difference in designations of origin and other denominations on national level. The legal regime of traditional specialities and optional quality terms is discussed with notes of features of these indication close to specific industrial property objects. The specific character of enforcement of rights on designations of origin and geographical indications is noted with more wide protection then for other IPR objects. It is noted non codification of legislation on agricultural products and foodstuffs and wines and spirits, small amount of the types of products and foodstuffs which cover the regulation in comparison of other countries, expedience of simplification of the registration for small producers.

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