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.

NATIONAL MECHANISMS OF REGULATION OF CROSS-BORDER COPYRIGHT RELATIONS AIMED AT PROTECTION OF ORPHAN WORKS

Lex Russica ◽  
2019 ◽  
pp. 18-29
Author(s):  
G. K. Dmitrieva ◽  
O. V. Lutkova
Keyword(s):  
International Law ◽  
Legal Protection ◽  
Single Copy ◽  
Legal Regulation ◽  
Copyright Holder ◽  
Conflict Of Laws ◽  
Cross Border ◽  
The Usa ◽  
The Right ◽  
The Eu

The article has investigated the mechanisms of the national (both legal and non-legal) regulation of orphan works, i.e. works the holder (holders) of rights to which is (are) not identified and/or the location of the rights-holder is not established. Orphan works are supposedly protected by copyright, which means the validity of exclusive rights and the potential need to obtain permission from the copyright holder for any form of using the works under consideration, namely: reproduction including digitization, translation, processing, etc. However, in a situation where the right holder is not determined (is unavailable), the user does not have an objective opportunity to obtain such a permission, and the work actually remains unknown to the society, although it can be of artistic, cultural or historical value. Since the beginning of the new millennium, the national legal systems of a number of States have establish a special regime for the legal protection of orphan works, and about 20 states of the world have developed the foundations of such a regime so far. The article analyzes the regulation of orphan works in several states — in the EU and its member states, Great Britain, the USA, Canada, Korea, Japan, India. The authors have determined the foundations of the substantive and conflict of laws regulation of cross-border relations regulating orphan works. Features of regulation of works with an unidentified author in the era of a network society are highlighted: in particular, the need to digitize orphan works, since many of them are in a single copy on the medium ruined by time, and the fact that the digitized work can instantly spread from databases to other jurisdictions. The authors provide for the forecast of possible ways of evolution of legal regulation of relations in question with the use of mechanisms of national and international law.

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 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 Virtual Image as an Object of Legal Protection

2020 ◽  
Vol 15 (6) ◽  
pp. 143-148
Author(s):  
E. S. Grin
Keyword(s):  
Computer Games ◽  
Legal Protection ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Creative Work ◽  
Virtual Image ◽  
Legal Nature ◽  
Digital Objects ◽  
Virtual And Augmented Reality ◽  
The Right

The paper discusses the issues that arise when creating a virtual image in multimedia products, including computer games, using the image of a citizen. As a rule, such images are used without the consent of a citizen, and therefore disputes have begun to arise regarding the legitimacy of using real images of artists in computer games, social networks. The author analyzes the legal nature of the right to an image of a citizen and the possibility of using such an image in virtual and augmented reality. In connection with the development of digital technologies, the images of citizens are now actively being used in creation of various works, such as holograms. The dance moves are being used to create digital results of creative work. The author notes that when getting results of creative work in virtual reality, it is necessary to observe the rights of citizens, whose images are used to create digital objects. When considering these issues, an analysis of foreign experience is provided, as well as mechanisms for legal regulation of relations arising in the cases under consideration.

scholarly journals РОССИЯ И КИТАЙ: СОВЕРШЕНСТВОВАНИЕ ЗАКОНОДАТЕЛЬСТВА В ОБЛАСТИ БОРЬБЫ С ДОПИНГОМ

2020 ◽  
Vol 56 (3) ◽  
pp. 157-166
Author(s):  
В. В. Литовченко
Keyword(s):  
High Performance ◽  
Criminal Liability ◽  
National Level ◽  
Criminal Policy ◽  
Legal Protection ◽  
Political Influence ◽  
Legal Regulation ◽  
Special Role ◽  
Legal Norms ◽  
The Right

Спорт высших достижений является отражением экономического и политического влияния на международном уровне. Россия со времен СССР, являясь одним из мировых лидеров, занимала ведущие позиции в мировом спорте. Вместе с тем последние события в сфере крупных международных соревнований, серьёзные допинг-скандалы, отстранение ведущих спортсменов от соревнований показывают, что успех в современном спорте высших достижений неизменно связан с правильной трактовкой и реализацией на национальном уровне международно-правовых норм, связанных с допингом. Особую роль занимает уголовно-правовая охрана «чистоты» спорта от преступных посягательств в сфере использования и оборота допинговых средств. Автором проанализированы основы законодательства Российской Федерации и Китайской Народной Республики в области противодействия применению запрещённых препаратов в спорте. Осуществлена оценка на-ционального законодательства двух стран в контексте их соответствия междуна-родно-правовым договорам и соглашениям. Проведён сравнительный анализ действующих административных и уголовно-правовых норм. Систематизированы ос-новные положения и подходы в правовом регулировании данной сферы в России и Китае. Отдельно рассмотрены нормы, регламентирующие уголовную ответствен-ность за преступные деяния, в которых допинг является предметом преступления. Также в работе уделяется внимание уголовной политике в сфере борьбы с использованием допинга национальными спортсменами. Автор приходит к выводу, что две страны – на правильном пути, модифицируя нормы, касающиеся допинга, в соответствии с текущими реалиями спорта высших достижений. Несмотря на необ-ходимость внесения некоторых изменений, в дальнейшем принятые меры в России и Китае должны дать положительный результат. Ключевые слова: спорт высших достижений, законодательство, существующее в России и в КНР, субъекты международной спортивной деятельности, правоотношения, ответственность, борьба с допингом, незаконное употребление, наказание. The sport of records reflects the economic and political influence at the international level. Since the times of the USSR, Russia has been one of the world leaders, hold-ing leading positions in world sports. At the same time, the latest events in the sphere of large international competitions, serious doping scandals, banishment of the leading athletes from the competitions demonstrate that a success in modern sports of the highest achievements is inevitably connected with the correct interpretation and implementation of international legal norms related to doping at the national level. A special role is played by criminal legal protection of sport "cleanliness" from criminal encroachments in the sphere of use and circulation of doping means. The author analyzed the basics of legislation of the Russian Federation and the People's Republic of China in the sphere of counteraction to the use of prohibited drugs in sport. National legislation of the two countries was assessed in the context of their compliance with international legal treaties and agreements. A comparative analysis of existing administrative and criminal legal norms was made. The main provisions and approaches to legal regulation in this area in Russia and China were systematized. The norms regulating criminal liability for criminal acts in which doping is a subject of crime are considered separately. Also, attention is paid to criminal policy in the sphere of struggle against doping by national sportsmen. The author comes to the conclusion that the two countries are on the right track by modifying the norms concerning doping according to the current realities of the high-performance sport. Despite the necessity to make some changes in the future, the measures taken in Russia and China should give positive results. Keywords: sport of records, legislation existing in Russia and the PRC, subjects of international sports activities, legal relations, liability, the fight against doping, illegal use, punishment.

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.

scholarly journals Study of Development Planning and Development Agrosilvopastoral for the Improvement of Village Economy in West Sumatra: (Case of Sumanik Village in Tanah Datar District)

2018 ◽  
Vol 2 (1) ◽  
pp. 10
Author(s):  
Indira Adnani, Rudi Febriamansyah, Novirman Jamarun, Ricky Avenzora
Keyword(s):  
Agricultural Sector ◽  
Financial Analysis ◽  
Positive Impact ◽  
Research Result ◽  
Farming System ◽  
Development Planning ◽  
Existing Problems ◽  
West Sumatra ◽  
The Right ◽  
The Impact

West Sumatera has a cultivated area of 2,340,111,73 ha, that is a very potential land for the development of the agricultural sector: Food crops, woody plants, and livestock. The purpose of this research is to analyze perception, motivation, and readiness of farmer community of Sumanik Village to agrosilvopastura. As well as their preferences in choosing agricultural systems, to know the potential and existing problems in Sumanik Village to support agrosilvopastura, to analyze the impact of Agrosilvopastoral activities on the economics of Village farmers community in Sumanik ; And elaborate the most appropriate Agrosilvopastoral model that was applied in Sumanik Village while maintaining ecological, social and economic sustainability. The research was conducted in Sumanik Village in Tanah Datar District with descriptive method. Survey in February 2015 to December 2016, The results showed that the farmers of respondents in Sumanik village, positively perceptive to agrosilvpastura farming system, and motivated to do Agrosilvopastoral farming system, they tend to do Agrosilvopastoral in demonstration plot for learning.There are two problems in Sumanik Village, the first area of Sumanik is a dry area, so the right technology to develop the farm is needed. The second problem is, the communities in Sumanik do not have the capital to buy cattle. The result of financial analysis that was done was Agrosilvopastoral farming system have positive impact to farmer community economics in Sumanik Village which showed by business feasibility that is run NPV value Rp 92,193.13, IRR value 39,94%, ROI value 39.94, RC ratio 1.82, PBP 2.13 year, BEP every year is 9 head of cattle. From the research result formulated that Agrosilvopastoral model that most appropriately applied in Sumanik Village is in the form of Agrosilvopastoral communal farm.

scholarly journals Superior Hybrid Corn Variety Selection using AHP Method

2019 ◽  
Vol 8 (6S2) ◽  
pp. 1018-1021
Keyword(s):  
Decision Support ◽  
Decision Support System ◽  
Support System ◽  
Agricultural Sector ◽  
Positive Impact ◽  
Ahp Method ◽  
Corn Production ◽  
Economic Support ◽  
The Government ◽  
The Right

Corn is one of the economic support from the agricultural sector which has recently shown a positive impact with increasing production from year to year, it has increased to 12.49% per year and is predicted to increase. Increasing corn production has had a very positive impact on economy, reduced imports and increased exports greatly helped Indonesia in improving the economy. Therefore the government strongly supports corn farming in Indonesia so that the government and farmers are aggressively looking for superior seeds for planting, with a faster harvest period and resistance to pests, a decision support system is made to select superior corn varieties with AHP method (analytical hierarchy process). In order to facilitate farmers in selecting superior and profitable types of corn. With this decision support system, it is expected that it can help in selecting the right and accurate corn varieties according to the farmer expectation.

scholarly journals JURIDIC ANALYSIS OF USED CLOTHES CONSUMER BASED ON ARTICLE 4 CONSUMER PROTECTION AND ISLAMIC LAW PERSPECTIVE

2020 ◽  
Vol 6 (2) ◽  
Author(s):  
Sugiharto Sugiharto ◽  
Andi Aina Ilmih
Keyword(s):  
Consumer Protection ◽  
Islamic Law ◽  
Negative Impact ◽  
Positive Impact ◽  
Legal Protection ◽  
Field Studies ◽  
Library Research ◽  
The Government ◽  
The Right ◽  
The Impact

This research focuses on the form of legal protection for used clothing consumers based on Article 4 of Law Number 8 of 1999 concerning consumer protection and analyzes the impact of the use of used clothing by the community in the city of Semarang, related to the Thaharah aspects in Islamic Law.To achieve this goal, researchers used a sociological juridical approach with data collection techniques in the form of library research and field studies by conducting direct interviews with relevant parties in connection with this research. The data obtained were then processed and analyzed by descriptive qualitative.The results showed that the form of legal protection for used clothing consumers in the Consumer Protection Act under Article 4, namely the right of consumers to get comfort, security, and safety. This is closely related to the obligations of business actors in providing true, clear and honest information about the conditions and guarantees of goods and/or services; and the need for guidance and supervision by the government. The impact caused by used clothing is negative impact and positive impact for used clothing consumers, both in terms of economic, social and public health in Indonesia. Although in an Islamic perspective, it is recommended that people prioritize aspects of thaharah (cleanliness) as Allah SWT requires every Muslim to purify in accordance with the criteria of Allah and His Prophet.

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.

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