scholarly journals Law Protection of Computer Programs in the State of Israel

2018 ◽  
Vol 18 ◽  
pp. 206-218
Author(s):  
Irina Suslina ◽  
Valeriya Tarasova
Keyword(s):  
Intellectual Property ◽  
Information Technologies ◽  
Great Influence ◽  
Legal Protection ◽  
Copyright Law ◽  
The State ◽  
Property Law ◽  
Intellectual Property Law ◽  
The Moment ◽  
State Of Israel

Nowadays IT sphere all over the world experiences rapid growth. This situation also refers to the State of Israel that is considered to be one of the leaders in IT-startups and IT sphere in all. The development of IT has a great influence on economy of Israel and its economic development. Application software is usually defined as a main unit in information technologies. Therefore, legal protection of software becomes one of the most important issues regarding IT sphere. Intellectual property law in Israel is mostly based on British intellectual property law. International legislation concerning intellectual property also influences Israeli IP law. As in the majority of countries, in Israel software is considered as an object of copyright law and it is protected in compliance with its provisions. Copyright law is regulated by the Copyright Act passed the Knesset in 2007. The term of protection granted by this Act shall be the life of the author and seventy years after his death. In accordance with the main principle of copyright law, software has been protected since the moment the software was created. That means that software in Israel does not subject to registration or any other procedure of its kind. It is also possible to register a logo and a unique name of software as a trademark, and this can become a substantial addition to the law protection.

Civil legal regulation of interest of intellectual property law

2020 ◽  
pp. 105-112
Author(s):  
Ivanna Babetska ◽  
Iryna Turchak
Keyword(s):  
Intellectual Property ◽  
Public Interest ◽  
Legal Protection ◽  
Legal Regulation ◽  
The State ◽  
Property Law ◽  
Public Interests ◽  
Intellectual Property Law ◽  
Legitimate Interest ◽  
Private And Public

Purpose. This paper focuses on the definition of «legally protected interest» and clarifying questions about its structure. In this article substantiate the idea about the main role of interests in law, realize the classification by different criterion. This article is devoted finding out of question about correlation of such key normative categories as «right (equitable right)» but «legal interest», and also by a «legitimate interest». The article examines the legal nature of private and public interests in the field of intellectual property. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. During the research, the following methods of scientific knowledge were used: terminological, dialectical, logical-semantic, logical-normative, system-structural. Results: in the course of the research the concept of "private and public interest in intellectual property law" is defined. It is proved that private interest is defined as "the interest of individuals and social groups protected by the state", public interest is defined as "recognized by the state and secured by the interest of the social community, the satisfaction of which serves as a condition and guarantee of its existence and development." Scientific novelty. In the course of the research it was established that when it comes to ensuring the balance of public and private interests of the parties in copyright, it means, among other things, the introduction of special norms of free use of works in international and national law. The problem of interaction of private and public interests in the legal regulation of intellectual property relations requires further thorough detailed research to determine the mechanism and methods of protection of these interests. Practical importance. The results of the study can be used in law-making activities for the purpose of legal regulation of public relations in the sphere of legal protection of the brand.

Fixing Improvisation

2014 ◽  
Author(s):  
Anthea Kraut
Keyword(s):  
Twentieth Century ◽  
African American ◽  
Intellectual Property ◽  
Case Studies ◽  
Copyright Law ◽  
Property Law ◽  
Intellectual Property Law ◽  
Tap Dance ◽  
American Vernacular ◽  
The Relationship

This chapter juxtaposes brief case studies of African American vernacular dancers from the first half of the twentieth century in order to reexamine the relationship between the ideology of intellectual property law and the traditions of jazz and tap dance, which rely heavily on improvisation. The examples of the blackface performer Johnny Hudgins, who claimed a copyright in his pantomime routine in the 1920s, and of Fred and Sledge, the class-act dance duo featured in the hit 1948 musical Kiss Me, Kate, whose choreography was copyrighted by the white modern dancer Hanya Holm, prompt a rethinking of the assumed opposition between the originality and fixity requirements of copyright law and the improvisatory ethos of jazz and tap dance. Ultimately, the chapter argues that whether claiming or disavowing uniqueness, embracing or resisting documentation, African American vernacular dancers were both advantaged and hampered by copyright law.

scholarly journals The series of trademarks: theory, legislation, law enforcement

2021 ◽  
pp. 45-53
Author(s):  
Nataliia Myronenko
Keyword(s):  
Law Enforcement ◽  
Intellectual Property ◽  
Legal Protection ◽  
Property Law ◽  
The European Union ◽  
Association Agreement ◽  
Intellectual Property Law ◽  
Goods And Services ◽  
European Court ◽  
Ip Law

Key words: trademark, series of signs, dominant element, originality, resolution The article, based on the analysis of the doctrine of intellectual property law,legislation of Ukraine, law enforcement practice, examines the state and prospects ofproviding legal protection of a series of trademarks. To overcome the existing gap inthe legislation of Ukraine, the need to amend the Law of Ukraine «On Protection ofRights to Marks for Goods and Services» is justified. It is proposed to define «a seriesof marks as a set of trademarks belonging to one owner of interdependent rights, interconnected by the presence of the same dominant verbal, figurative or combined element,having phonetic and semantic similarity, and may also bear minor graphic differencesthat do not change the essence of the trademarks. The lack of definition ofthe term «dominant element» in the legislation is emphasized. Based on the provisionsof the philosophy and doctrine of intellectual property law, the dominant elementmeans the smallest indivisible component of the trademark, which is originaland not descriptive. Based on this, its main features are distinguished: originalityand indivisibility.It is proved that the same position of the dominant element in the structure of allsigns is necessary to create a stable image of consumers in relation to a particularproduct and its manufacturer. Examples of court decisions on recognition or refusal toprovide legal protection to trademarks are given.In the context of reforming the legislation of Ukraine in terms of its approximation toEU legislation and the development of relevant case law, which must meet Europeanstandards, the expediency of using the legal positions of such a leading democratic courtas the European Court of Justice is justified. Attention is drawn to the fact that the decisionof the ECJ is not a source of law for resolving disputes of this category by the courtsof Ukraine. At the same time, they are a source of harmonious interpretation of the nationallegislation of Ukraine in accordance with the established standards of the legalsystem of the European Union. It is proved that this conclusion is consistent with thepurpose and objectives to be solved in the country in the process of implementing the provisionsof the Association Agreement in the legislation of Ukraine. Proposals are formulatedto improve the quality of legislation in the field of IP law.

scholarly journals Beyond Invention: Patent as Knowledge Law

2017 ◽  
Author(s):  
Michael J Madison
Keyword(s):  
Intellectual Property ◽  
Subject Matter ◽  
Cultural Influences ◽  
The United States ◽  
Copyright Law ◽  
Property Law ◽  
Intellectual Property Law ◽  
Starting Point ◽  
Invention Patent ◽  
Patentable Subject Matter

The decision of the Supreme Court of the United States in Bilski v. Kappos, concerning the legal standard for determining patentable subject matter under the American Patent Act, is used as a starting point for a brief review of historical, philosophical, and cultural influences on subject matter questions in both patent and copyright law. The article suggests that patent and copyright law jurisprudence was constructed initially by the Court with explicit attention to the relationship between these forms of intellectual property law and the roles of knowledge in society. Over time, explicit attention to that relationship has largely disappeared from the Court’s opinions. The article suggests that renewing consideration of the idea of a law of knowledge would bring some clarity not only to patentable subject matter questions in particular but also to much of intellectual property law in general.

Introduction

2012 ◽  
Vol 19 (3) ◽  
pp. 233-249
Author(s):  
Murphy Halliburton
Keyword(s):  
Intellectual Property ◽  
Global South ◽  
The State ◽  
Property Law ◽  
Related Property ◽  
Alternative Strategies ◽  
Intellectual Property Law ◽  
International Conventions ◽  
Property Regime

AbstractThis issue aims to assess the state of claims over intangible forms of property, which have been expanding in recent decades enabled by Trade-Related Aspects of Intellectual Property and other international conventions. The articles examine the nature and limitations of intellectual property law and related property-like claims over intangible products and expressions, and present cases from the expanding margins of intangible property provisions including analyses of how these trends are playing out in the Global South and in areas outside of intellectual property law. The contributors show how both expansions of intangible property provisions and resistances to these expansions increase the terrain of experience that is enclosed by proprietary claims and suggest alternative strategies for responding to the contemporary intangible property regime.

scholarly journals CELEBRITY PERSONA: LEGAL RIGHTS IN MALAYSIA

2020 ◽  
Vol 5 (19) ◽  
pp. 145-155
Author(s):  
Nor Azlina Mohd Noor ◽  
Ahmad Shamsul Abd Aziz ◽  
Mazita Mohamed
Keyword(s):  
Social Media ◽  
Intellectual Property ◽  
Personal Data ◽  
Legal Protection ◽  
The United States ◽  
Legal Rights ◽  
Property Law ◽  
Intellectual Property Law ◽  
Personal Data Protection ◽  
Legal Provisions

A celebrity has its own persona and has a right that can be protected by the law. The status of a celebrity can be obtained in certain circumstances such as through birth or descent as well as through skills or occupation. Celebrity rights are special and unique rights. This is because the right seems to be the property and belongs to the celebrity. The words celebrity is often associated with fame, money, power, publicity, extravaganza, achievements, fandom, culture, and is sometimes matters relating to scandal or even for something shameful. Accordingly, the public has no right to arbitrarily use the celebrity's right. Celebrity rights can be made up of three main rights which are personality, privacy, and publicity rights. In the age of social media, almost everyone can be a celebrity. Therefore, legal protection for celebrities is very important to be discussed. In Malaysia, there is no specific legislation regarding celebrity rights such as those found in other countries such as the United States. An issue that needs to be taken into account is in the absence of the specific law, how do the rights of these celebrities are legally protected in Malaysia. Therefore, this article discusses celebrity rights and related laws in Malaysia, especially under intellectual property law. This article applied the method of legal research through library research. This article concludes that while Malaysia does not have any specific legal provisions for celebrity rights, the infringement of celebrity rights can be catered upon through a variety of relevant laws such as intellectual property law like several provisions relating to copyright and trademark protection. In addition, with the advent of social media, celebrity rights are also protected by laws such as the Communications and Multimedia Act 1998. Privacy-related laws such as the Tort law and the Personal Data Protection Act 2010 can also be used to protect these celebrity rights.

Ownership of Collaborative Works in the Cloud

2015 ◽  
Vol 11 (4) ◽  
pp. 35-51 ◽  
Author(s):  
Marilyn Phelps ◽  
Murray E. Jennex
Keyword(s):  
Knowledge Management ◽  
Intellectual Property ◽  
Cloud Storage ◽  
Legal Protection ◽  
Property Law ◽  
Legal Environment ◽  
Intellectual Property Law ◽  
Networking Technologies

Increased usage of cloud storage and other networking technologies in knowledge management (KM) systems leave companies vulnerable to loss of proprietary rights as intellectual property law struggles to keep up with these advances. This paper reviews the current legal environment surrounding cloud and collaborative KM, discusses the implications for KM, and makes recommendations for how gaps between legal protection for intellectual property and KM can be overcome/corrected. Additionally, the paper explores how aware KM personnel are of this risk and proposes a further study using the who owns it game.

CRIMINALISING COPYRIGHT: A STORY OF PUBLISHERS, PIRATES AND PIECES OF EIGHT

2007 ◽  
Vol 66 (3) ◽  
pp. 625-656 ◽  
Author(s):  
Isabella Alexander
Keyword(s):  
Intellectual Property ◽  
Digital Technology ◽  
Film Industry ◽  
Copyright Law ◽  
The Internet ◽  
Property Law ◽  
Intellectual Property Law ◽  
Digital World ◽  
Fit For Purpose ◽  
One Year

On 6 December 2006, the Gowers Review of Intellectual Property unveiled its much-anticipated report investigating whether intellectual property law was still “fit for purpose in an era of globalisation, digitisation and increasing economic specialisation”. The Review, which had one year in which to cover the entire field of intellectual property law, concluded that there was no need for radical overhaul of the system. However, it did make a number of recommendations for reform and one area it considered to be particularly important was strengthening enforcement of IP rights. In recent years, concerns about the inadequate enforcement of intellectual property laws have focused mainly on copyright law and the entertainment industries. More specifically, they have centred on the opportunities for copyright infringement offered by digital technology and the internet. The music industry was the first to find itself out of its depth in the brave new digital world, and the film industry quickly followed. “Piracy”, we are told, is now rife and must be fought at every opportunity.

The Protection of Traditional Knowledge in the Knowledge Economy: Cross-Cutting Challenges in International Intellectual Property Law

2012 ◽  
Vol 14 (2) ◽  
pp. 137-178 ◽  
Author(s):  
Teshager Dagne
Keyword(s):  
Intellectual Property ◽  
Traditional Knowledge ◽  
Economic Integration ◽  
Knowledge Economy ◽  
Legal Protection ◽  
Property Law ◽  
Global Knowledge ◽  
Intellectual Property Law ◽  
Equitable Sharing ◽  
Scope Of Protection

Abstract This article explores and analyses existing frameworks and current initiatives for legal protection of traditional knowledge (TK) in international intellectual property law. The need to protect TK and to secure fair and equitable sharing of benefits derived from its use is accepted in major forums of international intellectual property law-making. Considerable differences exist, however, on the mode and scope of protection, and the extent to which the issue of TK protection can be addressed in respective institutions entrusted with the task: the CBD, WIPO, WTO, and FAO. In this article, general trends and specific problems that underlie demands for the protection of TK are analysed in light of contemporaneous trends of global economic integration in the age of global knowledge economy. After consideration of challenges and threats to TK that need to be addressed through a protection system, initiatives for the protection of TK in national and international frameworks are analytically explored, and various proposals and approaches for protection are critically examined.

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