scholarly journals UPORABNI MODEL KAO NOVI OBLIK ZAŠTITE IZUMA

2021 ◽  
Vol 37 (3-4) ◽  
pp. 115-128
Author(s):  
Dionis Jurić

The utility model is a new form for the protection of inventions introduced in the Croatian law by the Patent Act of 2020. It entitles the utility model owner to exclusive right to use and dispose of the invention that is the subject of protection from the date of publication of the utility model registration. The utility model protection validity is ten years from the date of submission of the utility model application, with the payment of the annual maintenance fee. The utility model registration procedure is initiated by a special application. The State Intellectual Property Office examines its conformity with the law and does not examine the novelty, inventive step and industrial applicability of the invention. It does not compose the search report of the state of the art. Certain inventions cannot be protected by the utility model. The Patent Act allows branching off a utility model application from a patent application for the same invention. It also allows conversion of the patent application to a utility model application and vice versa. The utility model owner may request a full examination of the protected invention by the State Intellectual Property Office and conversion of the utility model into a patent. This request may be submitted no later than the end of the seventh year of the validity of the utility model protection. Third parties may request the declaration of nullity of the utility model during the whole period of its validity. The utility model owner is not entitled to sue the persons who infringe his exclusive rights.

2021 ◽  
Vol 24 (2) ◽  
pp. 60-87
Author(s):  
Marina Abu Bakar ◽  
Noor Asyimah Ramli ◽  
Saad Gomaa Gomaa Zaghloul ◽  
Ahmed Ramadan Mohamed Ahmed ◽  
Meryem Abous ◽  
...  

Jointly acquired property is the property obtained during the marriage of a husband and wife as a result of their shared resources or efforts. However, in this era of digitilization, the claim form of jointly acquired property has changed from a purely physical property to an intellectual property. Therefore, the claim for jointly acquired property also involves the intellectual property of the married couple gained during the marriage period. Although jointly acquired property is an exclusive right of the husband and wife in a marriage, but this property claim can also be made by third parties other than the marriage couple. In fact, there is a fatwa (Islamic legal ruling) in the state of Kelantan that allowed such claim.  As a sequence from this issue, this research aims to study the issue of intellectual property claim as a husband and wife jointly acquired property and analyze the issue of intellectual property claim as husband and wife jointly acquired property according to Islamic and legal perspective. This research is a qualitative  research where the data were collected through the books of classical and contemporary Islamic jurisprudence literatures related to jointly acquired property in Islam, jointly acquired property fatwa (Islamic legal ruling) in the state of Kelantan and jointly acquired property cases in the Shariah Court. These data were then analyzed using a content analysis approach. The results of the research found that the Shariah Court took into account the facts and evidences of the case by the Plaintiff in deciding the claim and the rate of division of claims against jointly acquired property. In fact, it was also found that until now, there have been no cases related to intellectual property claims as jointly acquired property reported by the Syariah Court in Malaysia. The results of the research may provide guidance to the parties involved in the process of claiming jointly acquired property such as muftis, Sharie lawyers and judges in the Shariah Court in deciding the law related to intellectual property for cases involving jointly acquired property claims in Malaysia.  Abstrak Harta sepencarian adalah harta yang diperolehi dalam masa perkahwinan seorang suami dengan isterinya hasil daripada sumber-sumber atau usaha mereka bersama. Namun begitu, pada era digitalisasi ini, bentuk tuntutan harta sepencarian telah berubah daripada harta yang bersifat fizikal semata-mata kepada harta yang berbentuk intelek. Oleh yang demikian, tuntutan harta sepencarian juga turut melibatkan harta intelek pasangan yang diperolehi dalam tempoh perkahwinan tersebut. Walaupun harta sepencarian adalah hak eksklusif suami isteri dalam perkahwinan, tetapi tuntutan harta sepencarian juga boleh dibuat oleh pihak ketiga selain daripada pasangan kepada perkahwinan tersebut. Malah, terdapat fatwa di negeri Kelantan yang membenarkan tuntutan sebegini. Urutan daripada ini, kajian ini bertujuan mengkaji isu tuntutan harta intelek sebagai harta sepencarian suami isteri dan menganalisis isu tuntutan harta intelek sebagai harta sepencarian suami isteri mengikut perspektif syarak dan undang-undang. Kajian ini adalah kajian berbentuk kualitatif di mana data dalam kajian ini dikumpul melalui kitab-kitab fiqh klasik dan kontemporari berkaitan harta sepencarian dalam Islam, fatwa harta sepencarian di negeri Kelantan dan kes-kes harta sepencarian di Mahkamah Syariah. Data-data ini kemudiannya dianalisis menggunakan pendekatan analisis kandungan. Hasil kajian mendapati bahawa Mahkamah Syariah mengambil kira fakta kes dan pembuktian kes oleh Plaintif dalam memutuskan tuntutan dan kadar pembahagian tuntutan terhadap harta sepencarian. Malah, didapati juga bahawa sehingga kini, tiada kes berkaitan tuntutan harta intelek sebagai harta sepencarian yang dilaporkan oleh Mahkamah Syariah di Malaysia. Hasil kajian yang dikemukakan dapat memberikan panduan kepada pihak-pihak yang terlibat dalam proses tuntutan harta sepencarian seperti mufti, peguam syarie dan hakim di Mahkamah Syariah dalam memutuskan hukum berkaitan harta intelek bagi kes-kes yang melibatkan tuntutan harta sepencarian di Malaysia.


2019 ◽  
Vol 8 (1) ◽  
pp. 221-235 ◽  
Author(s):  
Daniella De Paula Chiesa ◽  
Mário Antônio Sanches ◽  
Daiane Priscila Simão-Silva

O estudo do Planejamento familiar, no contexto da bioética, abre-se para diversas perspectivas, entre elas a valorização dos seus diferentes atores. Situado neste contexto o artigo tem como objetivo identificar o perfil de gênero na produção científica sobre Planejamento Familiar no Brasil, entre 2000 e 2014, assim como a área de formação e especialização dos autores. Foram utilizadas metodologias que permitiram mapear o estado da arte do tema estudado, a partir de uma revisão da literatura. O resultado da pesquisa identifica que a produção científica sobre Planejamento Familiar no Brasil se compõe de perfil destacadamente feminino (71,76%). Dos 73 artigos analisados, 42 (57,53%) o foco do tema está direcionado à mulher assim como evidencia-se a área de ciências da saúde com maior concentração das publicações do tema.  Este aspecto da pesquisa abre para uma realidade complexa onde se buscam criticamente as razões para a pesquisa em Planejamento Familiar ter ênfase na mulher e ser um tema de relevância nas ciências da saúde.Palavras-chave: Produção científica, Planejamento Familiar, Gênero.  ABSTRACT: The study of Family Planning, in the context of bioethics, opens to diverse perspectives, among them the appreciation of their different agents. Situated in this context the article aims to identify the profile of gender in scientific literature on Family Planning in Brazil, between 2000 and 2014, as well as the area of training and specialization of the authors. Methodologies were used which allowed to map the State of the art of the subject studied, from a review of the literature. The results found identify that the scientific production on Family Planning in Brazil is formed with a outstandingly female profile (71,76%). Of the 73 articles examined, 42 (57.53%) the focus of the topic is directed to women as well as showing the health sciences area with highest concentration of publications. This aspect of the research opens to a complex reality where we seek critically the reasons for Research in Family Planning have emphasis on woman and be a topic of relevance in health sciences.Keywords: Scientific Production, Family Planning, Gender.


2018 ◽  
pp. 97-113
Author(s):  
Yvette Santos ◽  
Alice Cunha

The ERASMUS Programme, established in June 1987, is considered one of the most popular European education programmes as it favours the academic mobility of thousands of students. Given the importance of ERASMUS in building a Europe of knowledge, this article aims to analyse the importance of ERASMUS toPortugal since its implementation. The state of the art on the subject is not exhaustive. Although much research on student mobility with a focus on ERASMUS at the European level has been undertaken – albeit difficult to summarise given the diversity of studies – Portuguese literature has not kept pace since existing studies are mainly Masters dissertations of a qualitative nature, supported by interviews with former ERASMUS students and covering the recent years of the Programme. Bearing this in mind, this article, in addition to identifying the main stages that led to the establishment of the Programme and highlighting thecontours of its implementation in Portugal, seeks to analyse the participatory trends of Portuguese students attending the first university cycle (the so-called outgoings) from 1987 to 2014, the year ERASMUS+ started.


Author(s):  
Laurence Saglietto

The concept of intermediation has existed for a long time and taken numerous different forms. In this introductory chapter, we will therefore start by examining the state of the art of intermediaries through a range of different disciplines (history, management, economics, health, sociology), highlighting their historical evolution and current forms. We will then present the different models and theories of intermediation and their development, to produce an appreciation of their similarities and differences and a comprehensive view of the subject. This will allow us, in the last section, to propose the framework for a general theory of intermediation, in terms of organisational architecture and the services provided.


Entropy ◽  
2020 ◽  
Vol 22 (2) ◽  
pp. 203
Author(s):  
Antonio López Vivar ◽  
Alberto Turégano Castedo ◽  
Ana Lucila Sandoval Orozco ◽  
Luis Javier García Villalba

Smart contracts have gained a lot of popularity in recent times as they are a very powerful tool for the development of decentralised and automatic applications in many fields without the need for intermediaries or trusted third parties. However, due to the decentralised nature of the blockchain on which they are based, a series of challenges have emerged related to vulnerabilities in their programming that, given their particularities, could have (and have already had) a very high economic impact. This article provides a holistic view of security challenges associated with smart contracts, as well as the state of the art of available public domain tools.


Author(s):  
Mirko Luca Lobina ◽  
Luigi Atzori ◽  
Davide Mula

Many audio watermarking techniques presented in the last years make use of masking and psychological models derived from signal processing. Such a basic idea is winning because it guarantees a high level of robustness and bandwidth of the watermark as well as fidelity of the watermarked signal. This chapter first describes the relationship between digital right management, intellectual property, and use of watermarking techniques. Then, the crossing use of watermarking and masking models is detailed, providing schemes, examples, and references. Finally, the authors present two strategies that make use of a masking model, applied to a classic watermarking technique. The joint use of classic frameworks and masking models seems to be one of the trends for the future of research in watermarking. Several tests on the proposed strategies with the state of the art are also offered to give an idea of how to assess the effectiveness of a watermarking technique.


1898 ◽  
Vol 2 (6) ◽  
pp. 29-33
Author(s):  
L. Hargrave

There is a publication called the “Aeronautical Annual,” edited by James Means, Boston, Mass. In No. ‘Z and 3 of that work, Mr. Octave Chanute goes exhaustively into the question of sailing flight, and specifies every letter and article that bears on the subject. This paper may be said to take up the running where Mr. Chanute leaves off. My reasons for not writing to that periodical straight, are that publication would be delayed for many months; and the state of the art is such that at any moment some one of the many who are investigating this subject may drop on the facts stated in this paper, take out a master patent which would rule the construction of all future flying machines, and tax us all round for our good, as the protectionists say, thus throwing our work back for years. I therefore, with your permission, read this paper, and show the models that work as I describe, and thereby destroy the novelty of the invention for all time.


1980 ◽  
Vol 6 (3-4) ◽  
pp. 151-158 ◽  
Author(s):  
M. Honore ◽  
R. Govaearts ◽  
D. Hostens ◽  
B. Bouw ◽  
B. Matton ◽  
...  

This paper describes the state of the art in the development of a polymer based printed circuit board (PCB) compatible resistor ink system. The subject is treated from the standpoint of the manufacturer who, up to now, supplied himself with PCB circuitry.


2018 ◽  
Author(s):  
Edri wahyudi

Patent is an exclusive right granted by the State to the inventor of the results of his invention in the field of technology, which for a certain period of time carries out his own invasion or gives his consent to other parties to implement it. (Republic of Indonesia Law No. 14 of 2001, Article 1, paragraph 1)A Simple Patent is any invention in the form of a new product or tool and has practical utility values due to its shape, configuration, construction or componentsAn invention is considered new, if at the time of the application for the patent the invention is not the same or not part of the prior art. Patent rights are territorial, that is, binding only in certain locations. Thus, to obtain patent protection in several countries or regions, a person must submit a patent application in each of these countries or regions.Keywords: Simple Patents and Patents


Publications ◽  
2021 ◽  
Vol 9 (4) ◽  
pp. 49
Author(s):  
Diogo Correia ◽  
Leonor Teixeira ◽  
João Lourenço Marques

The lack of examples of smart-city initiatives and the sharing of best practices in Portugal confirm the gap in the transference of empirical knowledge to the scientific literature in this area. The smart-city concept has passed through three stages. However, its evolution has not been noted equally throughout countries and their territories. The literature only provides information about specific projects implemented in a few cities. Therefore, the aim of this paper was to study the state-of-the-art of smart cities in Portugal by analyzing 25 editions of the most relevant national-wide smart-cities magazine. First, the objective of analyzing the magazine was to study each Portuguese city in terms of the subject areas and types of existing initiatives in order, ultimately, to frame cities within their respective smart-city phases, as per the literature. Second, the aim of the paper was also to provide information about the evolution of the concept through analyses of embedded experts’ quotes. The results of the first are complemented with the analysis of interviews with policymakers to provide information about the existing challenges to implementing a smart city and to understand the role of government therein. Qualitative and quantitative analyses were performed on the case study. The findings suggest that the three smart-city phases are perceived in slightly different ways in Portugal and heterogeneity within the country can be noted from the lack of strategies and a standard framework.


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