scholarly journals Tinjauan terhadap Pelaksanaan Peraturan Daerah Sumatera Barat No. 9/2014 tentang Serah Simpan Karya Cetak dan Karya Rekam

2019 ◽  
Vol 10 (2) ◽  
pp. 90-111
Author(s):  
Eddy Imanuel Doloksaribu ◽  
Lidwina Maria T ◽  
A Aris Swantoro ◽  
Tisa Windayani
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Criminal Law ◽  
National Level ◽  
Private Law ◽  
Business Law ◽  
Legal Relation ◽  
The Law

Abstract The effort to acknowledge as well as to protect intellectual works have been done not only in the view of protecting the so-called intellectual property rights but also preserving the works itself. For the later, the attempt is represented in Law No 4/1990 which obligate publishers and recording companies to deposit a stipulated number of copies of their work in determined libraries. This national level policy followed by quite a lot of provinces resulting in the formation of regional regulations concerning the same matter. However, only few of those use criminal law instrument. Since this is a multiperspective research, Regional Regulations of Sumatera Barat No. 9/2014 is deemed to fit the study because it comprises criminal provisions, business law aspects, and also private law issues. This research examines the implementation of the law from three standpoints: i) the implementation of the criminal provisions, ii) how its implementation protects the rights of the owner of the works as well as their benefit from the view of business law, and iii) the private legal relation between the parties of deposit arrangements. The research found that: i) the criminal provisions have not been enforced because the authority has not been equipped by civil investigator; ii) Dinas Kearsipan&Perpustakaan Kota Padang has done full effort in registering the works in order to have them deposited in the library, eventhough constraints related to budget delimitates the attempt. By this reason the protection and benefit for the owner has not been fully achieved; iii) there is neither special agreement nor any arrangement found in the relation between parties.   Keywords: implementation of Perda Sumbar No 9/2014; intellectual works deposite.

Introduction to Business Law

2017 ◽  
Author(s):  
Lucy Jones
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal System ◽  
Contract Law ◽  
Business Law ◽  
The Everyday ◽  
The Law ◽  
Protecting Intellectual Property ◽  
Legal Concepts

Introduction to Business Law demonstrates the relevance of key areas of the law to a world of work that the business student can relate to. Students of business often find business law modules challenging, irrelevant to their future career, and full of alien terminology and concepts. Structured in eight parts, this book provides a foundation in the key legal concepts of the English legal system, contract law, and negligence before discussing how the law affects the everyday workings of businesses and their employees from protecting intellectual property rights to company formation, winding up and insolvency. It covers a variety of topics around the subjects of the English legal system, contract law, the law of torts, employment law, the structure and management of business and the major intellectual property rights.

Introduction to Business Law

2019 ◽  
Author(s):  
Lucy Jones
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal System ◽  
Contract Law ◽  
Business Law ◽  
The Everyday ◽  
The Law ◽  
Protecting Intellectual Property ◽  
Legal Concepts

Introduction to Business Law demonstrates the relevance of key areas of the law to a world of work that the business student can relate to. Students of business often find business law modules challenging, irrelevant to their future career, and full of alien terminology and concepts. Structured in eight parts, this book provides a foundation in the key legal concepts of the English legal system, contract law, and negligence before discussing how the law affects the everyday workings of businesses and their employees from protecting intellectual property rights to company formation, winding up and insolvency. It covers a variety of topics around the subjects of the English legal system, contract law, the law of torts, employment law, the structure and management of business and the major intellectual property rights.

scholarly journals Criminal protection of objects of individualization in Ukraine and abroad

2021 ◽  
pp. 81-87
Author(s):  
Yevheniia Nedohybchenko
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Protection ◽  
The United States ◽  
Industrial Property ◽  
National System ◽  
The Law

Keywords: object of individualization, trademark, mark for goods and services,criminal liability, criminal legal protection Problems of criminal law protection and protection of meansof individualization among the participants of economic circulation has not found itscoverage and analysis in the legal literature.Legal regulation of industrial property protection at the international level takesplace within a number of agreements: the Paris Convention for the Protection of IndustrialProperty of 1883, the Madrid Agreement Concerning the International Registrationof Marks of 1891, the Hague Agreement Concerning the International Registrationof Industrial Designs of 1925, and others.The article examines the experience of criminal law protection of trademarks ofthe following countries: USA, Great Britain, Germany, Switzerland, Ukraine.The author speaks about the need to unify approaches to criminal prosecution inUkraine. This will facilitate effective litigation. Establish liability for infringement oftrademark rights. Will contribute to the improvement of the national system of protectionof intellectual property rights. Increase safeguards to protect intellectualproperty rights. It will raise Ukraine's image in the world.The laws of the countries define in detail the scope of rights of owners to intellectualproperty. The law provides a list of actions that are considered a crime.In the United States, a criminal case is initiated by the federal government or thestate. In the Federal Republic of Germany, most infringements of intellectual property rights are governed by civil law. An offense is a criminal offense if it is committedwith intent.Ukraine also has special legislation. Criminal liability is established in the relevantarticles of the Code. These articles are in different sections of the Criminal Codeof Ukraine. Such placement of norms negatively affects the punishment of violators.There is a need to unify approaches to prosecuting offenders. This will facilitate effectivelitigation. Establish liability for violations of the law. Will contribute to the improvementof the national system of protection of intellectual property rights. Increasingguarantees of protection of intellectual property rights. It is necessary to do so byintroducing the relevant into the Criminal Code of Ukraine.

Intellectual Property Rights and Access to Energy Services in Africa

2018 ◽  
Author(s):  
Professor Adebambo Adewopo ◽  
Dr Tobias Schonwetter ◽  
Helen Chuma-Okoro
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Energy Access ◽  
African Countries ◽  
Energy Services ◽  
Proper Role ◽  
The Law

This chapter examines the proper role of intellectual property rights (IPRs) in achieving access to modern energy services in Africa as part of a broader objective of a pro-development intellectual property agenda for African countries. It discusses the role of intellectual property rights, particularly patents, in consonance with pertinent development questions in Africa connected with the implementation of intellectual property standards, which do not wholly assume that innovation in Africa is dependent on strong intellectual property systems. The chapter examines how existing intellectual property legal landscapes in Africa enhance or impede access to modern energy, and how the law can be directed towards improved energy access in African countries. While suggesting that IPRs could serve an important role in achieving modern energy access, the chapter calls for circumspection in applying IP laws in order not to inhibit access to useful technologies for achieving access to modern energy services.

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 The researching of information inequality in the market of information services

2021 ◽  
Vol 1 (4(57)) ◽  
pp. 45-48
Author(s):  
Natalia Kondratenko
Keyword(s):  
Intellectual Property ◽  
Information Security ◽  
Property Rights ◽  
Transaction Costs ◽  
Intellectual Property Rights ◽  
Information Technologies ◽  
National Level ◽  
Economic Problem ◽  
Information Services ◽  
Information Inequality

The object of research is information inequality. Information inequality is seen as a socio-economic problem that can be solved with the help of confident actions of the state. Data analysis confirmed the problem of the «digital divide» at the global and regional levels. The transformation of the information services market depends on the quality of the Internet. The growing number of Internet users is a global tendency, but at the regional level it is possible to see clear differences, which creates problems for obtaining quality educational, financial and professional services. Both negative and positive consequences of information inequality are considered. Along with the growing importance of modern information technologies and services in society, inequality between certain segments of the population is growing. Some people for various reasons may have restrictions on access to information, knowledge, information services, new digital products and modern technologies, while others may not have similar restrictions on access to them. The study found that the market for information services is specific in terms of protection of intellectual property rights. Aspects that would contribute to strengthening the protection of intellectual property rights to information services and products, information security are provided. Negative transactional externalities occur in the market of information services precisely when there is a decrease in information security due to violation of intellectual property rights by one person in relation to another, causing the last damage. To reduce the burden of transaction costs on market participants in information services, the directions of reducing transaction costs at the national level are substantiated. In all countries of the world, the COVID-19 pandemic has exacerbated the issue of information inequality. The study presents the principles for overcoming digital inequality.

scholarly journals Pembatalan Hak Merek Yang Telah Dijadikan Jaminan Fidusia

2018 ◽  
Vol 5 (1) ◽  
pp. 1
Author(s):  
Delila Pritaria Cantika
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Registered Trademark ◽  
The Absolute ◽  
The Law ◽  
A Company ◽  
Adequate Evidence

Trademark as a part of intellectual property rights in essence is a sign to identify and distinguishing a product that made by a company with other products in the market. Trademark must be registered to gain a legal recourse in the form of Rights Over Trademark. However a registered trademark can still be nullified, based on a certain adequate evidence the registered trademark cannot fulfilled the absolute grounds or relative grounds. In furtherance, nowadays trademark legally feasible to be registered as a collateral. And as for the most accurate form of the collateral itself according to the law shall be registered fiduciary guaranty.

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.

Political Framework of the Production and Use of Seeds in Venezuela

2015 ◽  
pp. 191-210
Author(s):  
Vladimir Aguilar Castro
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Traditional Knowledge ◽  
Intellectual Property Rights ◽  
National Level ◽  
Public Domain ◽  
Local Communities ◽  
New Varieties ◽  
Animal Material ◽  
Biological Reproduction

Political and legal developments addressed to protect traditional knowledge are the result of huge efforts made by different actors at international and at national level. Nevertheless, traditional knowledge is broadly understood as freely accessible. Intellectual property norms are highly developed and strongly protect some knowledge products that are excluded of public domain, such as new varieties of plants. In light of this situation, political and legal tensions emerge in different countries, especially when it has an impact on areas highly profitable for some industries. This is the case of multinational agricultural companies that act globally by using technologies protected by intellectual property rights, threating traditional expressions applied for the use and conservation of seeds by local communities in different countries. In Venezuela, such tensions are present in the 2002 Law about Seeds, Animal Material and Supplies for Biological Reproduction, which is analyzed in this chapter.

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