scholarly journals The Issue of the Commercial Court Limited Competency in Settling the Commercial Disputes

2019 ◽  
Vol 3 (1) ◽  
pp. 26
Author(s):  
Sobandi Sobandi
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Ad Hoc ◽  
Procedural Law ◽  
Commercial Disputes

The people’s need for justice through a special court is perceived urgent from time to time. The Commercial Court is an ad-hoc court but its competency has affected the competency of other permanent courts that are already established. The problems need to be answered in this writing regarding the multifunction of Commercial Court. The objectives of the writing, inter alia, to examine the possibility of the Commercial Court has specific rules to restrain its competency. Consequently, there is a need to have a law that specifically limits the competence and the procedural law of the ad-hoc court. The Commercial Court often resolves bankruptcy disputes. It is also used as a solution for the Intellectual Property Rights (IPR) disputes which should be able to enter the criminal domain. It can also be used to solve the Islamic financing issues and other business issues that should be the realm of a permanent judicial institution. The existence of such a rule that limits the competency of the Commercial Court can be a way out of fulfilment of needs of the judiciary to reduce the overlap of court competency among the Indonesian judicial institutions

Civil legal method of protection of intellectual property rights

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Svitlychnyy Oleksandr ◽  
◽  
Korotun O.M. ◽  
Keyword(s):  
Intellectual Property ◽  
Civil Rights ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Civil Law ◽  
Legal Analysis ◽  
Procedural Law ◽  
Legal Method ◽  
Legal Literature ◽  
Subjective Rights

The article draws attention to the specifics of protection of intellectual property rights in Ukraine by civil and special legislation, the rules of which are designed to protect the subjective rights of right holders and other participants in legal relations in the field of intellectual property. Some aspects of the legal nature of jurisdictional remedies are studied. Attention is paid to the specifics of protection of intellectual property rights by civil law, which consists primarily in the methods of protection provided by procedural law. The legislation, the norms of which guarantee the protection of intellectual property and the ways of protection of civil rights are outlined. The existing in the legal literature different views on the classification of methods of protection of property rights are analyzed. The legal analysis of the application of the vindication claim as a means of protection of intellectual property rights is carried out and the author's proposals are formulated. Keywords: civil law, intellectual property, lawsuit, protection

Fan-Based Production for Computer Games: User-Led Innovation, the ‘Drift of Value’ and Intellectual Property Rights

2005 ◽  
Vol 114 (1) ◽  
pp. 16-29 ◽  
Author(s):  
Sal Humphreys ◽  
Brian Fitzgerald ◽  
John Banks ◽  
Nic Suzor
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Computer Games ◽  
Ad Hoc ◽  
Creative Industries ◽  
Third Party ◽  
Simulation Game ◽  
Power Structures ◽  
Open Networks

Fan-based or third party content creation has assumed an integral place in the multi-million dollar computer games industry. The emerging production ecology that involves new kinds of distributed organisations and ad hoc networks epitomises the ‘drift of value’ from producer to consumer and allows us to understand how user-led innovation influences the creative industries. But the ability to control intellectual property rights in content production is critical to the power structures and social dynamic that are being created in this space. Trainz, a train simulation game released by Brisbane developer Auran, which relies heavily on fan-created content for its success, is used as a case study. The licence agreements between Auran and the fan creators are analysed in order to understand how the balance between the commercial and non-commercial is achieved and how the tension between open networks of collaboration and closed structures of commercial competitive environments are negotiated.

scholarly journals Procedural issues of applying to the court for the protection of intellectual property rights

2021 ◽  
pp. 46-55
Author(s):  
Andrii Shabalin
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Negative Impact ◽  
Scientific Article ◽  
Court Cases ◽  
Legal Cases ◽  
Procedural Law ◽  
European Court ◽  
Protecting Intellectual Property

Keywords: protection of intellectual property, court, EPC of Ukraine, CPC of Ukraine, European Court of Human Rights This scientific article explores the proceduralissues of going to court in case there is a violation of intellectual property rights. Inthe process of scientific research, the issues of jurisdiction in court cases on violationof intellectual property rights have been analyzed, the legal features of jurisdiction inlawsuits for violation of intellectual property rights have been determined, requirementsfor the content of a legal claim. Based on analysis of the economic procedurallegislation, it is concluded that a person who applies to the court for infringement ofintellectual property rights may refer to the cases of the European Court of HumanRights in order to substantiate his legal position. It is indicated that in the course ofthe 2016 judicial reforms in Ukraine, the rules of judicial jurisdiction and the competenceof the court in court cases on violation of intellectual property rights werechanged. At the level of procedural law, a special court was created — the High Courtof Intellectual Property, which is empowered to judicially review cases of IP violation.The High Court of Intellectual Property has not started its work for now. The authorpoints out that this situation has a negative impact on Ukrainian judicial practiceand the practice of protecting intellectual property rights. Based on the results of the study, the author proposed his own theoretical groundsand developed proposals for improving procedural legislation regarding the possibilityof introducing alternative jurisdiction in some categories of cases of violation of intellectualproperty rights. Such legal cases include copyright infringement of an individualwho is the author or the author's representative. The legal rule on alternativejurisdiction in cases of infringement of intellectual property rights is effective if thereis a violation of IP rights in the Ukrainian temporarily occupied territories. The authorpoints out that such a legislative proposal will improve the quality of legal protectionof subjects of intellectual property rights in the temporarily occupied Ukrainianterritories.

PERLINDUNGAN HUKUM TERHADAP KARYA SENI BATIK YANG BELUM TERDAFTAR MENURUT UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA

2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Inggrit Fernandes
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Cultural Heritage ◽  
Intellectual Property Rights ◽  
Rapid Growth ◽  
Economic Value ◽  
Legal Protection ◽  
Property Law ◽  
Market Demand ◽  
Work Of Art

Batik artwork is one of the treasures of the nation's cultural heritage. Batik artwork is currently experiencing rapid growth. The amount of interest and market demand for this art resulted batik artwork became one of the commodities in the country and abroad. Thus, if the batik artwork is not protected then the future can be assured of a new conflict arises in the realm of intellectual property law. Act No. 28 of 2014 on Copyright has accommodated artwork batik as one of the creations that are protected by law. So that this work of art than as a cultural heritage also have economic value for its creator. Then how the legal protection of the batik artwork yaang not registered? Does this also can be protected? While in the registration of intellectual property rights is a necessity so that it has the force of law to the work produced

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