scholarly journals DEFINITION OF INVENTORS AND LEGAL ASPECT OF PATENT REGISTRATION

2018 ◽  
Author(s):  
Rikiarinata

Intellectual Property Rights relate to the protection of the application of ideas and information that have commercial value. For owners of ideas and information that have commercial values, Intellectual Property Rights are personal property that can be owned and treated with other forms of wealth. The same treatment is like trading or renting it out. So that ideas and information that have commercial value are not used by others irresponsibly, then there must be legal protection. This paper briefly discusses two categories that are protected in Intellectual Property Rights, which are copyright and patent. On the other hand this paper aims to provide an understanding of the legal aspects of copyright and patent registration.

2018 ◽  
Author(s):  
Reni alfiani

Intellectual Property Rights is related to the protection of the application of ideas and information that has commercial value, For owners of ideas and information that has commercial value, Intellectual Property Rights is a personal wealth that can be owned and treated as same as other forms of wealth. That same treatment is like reselling or renting it. So that ideas and information that has commercial value is not used by another person who is not responsible, then there must be protection from a legal perspective. This paper briefly discusses about the two cat- egories that are protected under intellectual property rights, namely copyrights and patents. On the other side, this paper aims to provide an understanding of the legal aspects of copyright and patent registration.


2018 ◽  
Author(s):  
Reni alfiani

Intellectual Property Rights is related to the protection of the application of ideas and information that has commercial value, For owners of ideas and information that has commercial value, Intellectual Property Rights is a personal wealth that can be owned and treated as same as other forms of wealth. That same treatment is like reselling or renting it. So that ideas and information that has commercial value is not used by another person who is not responsible, then there must be protection from a legal perspective. This paper briefly discusses about the two cat- egories that are protected under intellectual property rights, namely copyrights and patents. On the other side, this paper aims to provide an understanding of the legal aspects of copyright and patent registration.


Author(s):  
Yuliia Tovstohan ◽  
◽  
Serhii Ivanov ◽  

The scientific article examines the modern mechanism of protection of intellectual property rights in Ukraine. Attention is paid to the historically first using of the concept of intellectual property rights in international law and the shortcomings of this definition. The legal definition of this concept contained in the Civil Code of Ukraine is analyzed. It is concluded that the legislative enshrinement of intellectual property rights is evidence of its recognition by the state, and such a right applies to special objects, the list of which is enshrined at both national and international levels. The question of the relationship between the concepts of "protection" and "defense" of civil rights is covered. The main groups of approaches of scientists to the solution of this problem are indicated. An approach that defines "protection" as a general concept for "defense" is supported, where "protection" is a broader concept that covers the term "defense". Emphasis is placed on the fact that although these legal categories are related, they cannot be identified. The main features that distinguish these concepts are listed, and the features of "defense" as an independent concept are highlighted. There are given examples of definition of the concept of protection of intellectual property rights given by scientists. Based on these definitions, the main features of this term are summarized. The issue of forms of protection (jurisdictional and non-jurisdictional) has been studied. The general and special order within the jurisdictional form is distinguished. It is noted about the peculiarities of self-defense as a non-jurisdictional form. The focus is on the judicial (general) procedure for protection of intellectual property rights as the main one. Possible ways of protection (civil, administrative, criminal, and criminal) are analyzed. The problems and shortcomings of the current system of legal protection and protection of intellectual property rights in Ukraine are analyzed. Both reports from international partners and research by Ukrainian scientists were used. The authors outline ways to solve existing problems. The conclusions of the study are formulated and the possibility of further scientific research in this area is indicated.


2013 ◽  
Vol 311 ◽  
pp. 305-309
Author(s):  
Yun Shing Chen ◽  
Da Wei Lin ◽  
Yu Lin Hsu ◽  
Pai Ling Chang

Just over twelve years ago, United Nations Educational, Scientific and Cultural Organization (UNESCO) published the Culture, trade and globalization: questions and answers. In the book, the first ever definition of ‘cultural industries’ is applied to ‘those industries that combine the creation, production and commercialization of contents that are intangible and cultural in nature. These contents are typically protected by copyright and they can take the form of goods or services.’ Cultural creations need guiding and checking on, and that is the reason why there is art director or creative director, so-called the ‘gate-keeper’, controlling over the quality of creations. If a gate-keeper builds a safeguard in the cultural creative behavior, lacking the check on the legal protection in the cultural creative industries, and whether the information of cultural industry element has touched on the question of the intellectual property rights infringement, then it will result in a disastrous consequence. This is the topic which the article researches on.


2019 ◽  
Vol 109 ◽  
pp. 00011
Author(s):  
Ievgeniia Bulat

The innovative model of development of Ukraine requires implementation of measures aimed at stimulation and protection of intellectual property objects and development of such improved legislative basis in this sphere that would allow not only to preserve existing scientific potential but also to ensure proper protection of the rights of creators of such objects with possibility of their further commercialization. The necessity and expediency of introducing this legal protection improvement is shown on the example of such objects as scientific discoveries in mining engineering, business methods and innovative proposals. The article is devoted to the improvement of mechanism for legal protection of intellectual property rights to the intellectual activity results in context of integration processes that take place in Ukraine. A unified approach is proposed, which assumes revealing in practical part of each claimed object its protectable part, followed by procedure of patenting in accordance with the procedure stipulated by the current legislation.


2020 ◽  
Vol 168 ◽  
pp. 00023
Author(s):  
Ievgeniia Bulat ◽  
Roman Pichko

At the present stage those questions are especially relevant that are connected with civil legislation and intellectual property institution recodification. Intellectual property covers all fields of activity, in particular, agro-industrial, chemical, mining and other industries. The article defines that in Ukraine the necessity of civil legislation recodification includes the ridding of all explicit collisions. Also, it includes the implementation of the world’s best experience in civil relations regulation and its stability and in definition of the direction of the further normative and legislative development. The main directions of recodification of the Institute of Intellectual Property as one of the key civil law institutions of Ukraine are identified in the context of the article. The directions of improvement of legal norms, guaranteeing the inviolability of intellectual property rights, providing them with greater juridical security and their further rationalization are also determined in the context of the article.


2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Inggrit Fernandes

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


Author(s):  
Оксана Алексеевна Владимирова

Статья посвящена анализу организационно-правовых аспектов реализации прав интеллектуальной собственности лиц, осужденных к лишению свободы. Рассмотрен сложившийся опыт, особое внимание уделяется проблемным вопросам реализации осужденными личных неимущественных и исключительных интеллектуальных прав: связанным с приобретением права интеллектуальной собственности, затруднениям осуществления интеллектуальных прав, вызванным режимными требованиями. Творческая деятельность человека - одно из самых эффективных средств исправления, по мнению автора, поскольку именно она является высшей сознательной деятельностью. Поэтому необходимо поощрять и развивать в исправительных учреждениях данный вид деятельности, всемерно содействовать ее реализации. Предлагается создавать в исправительных учреждениях кроме уже имеющихся ресурсов специальные лаборатории, мастерские и т. п. центры для реализации творческой, в том числе научно-творческой потребности осужденных. При необходимости всячески содействовать осужденным при реализации процедуры получения патента. Кроме того, в рамках правового просвещения осужденных необходимо информировать о возможностях реализации авторского или патентного права в рамках имущественных отношений. This article is devoted to analysis of legal aspects of implementation of intellectual property rights of persons sentenced to deprivation of liberty. Abstract: the experience, a special attention is paid to the problematic issues of implementation of convicted persons of exceptional moral and intellectual rights: associated with the acquisition of intellectual property rights, difficulties in the implementation of intellectual property rights, caused by the regime requirements. Human creativity is one of the most effective means of correction, in the author's opinion, as it is the higher conscious activity. It is therefore necessary to promote and develop in correctional institutions this activity, to contribute fully to its implementation. It is proposed to establish in correctional institutions in addition to the existing resources of the special laboratories, workshops, etc. centers for the implementation of creative, including research and creative needs of prisoners. If necessary to fully support the convict in the implementation of the procedure of obtaining a patent. In addition, the legal education of prisoners should be informed about the possibilities of implementation of copyright or patent rights in the framework of property relations.


2003 ◽  
Vol 16 (2) ◽  
pp. 191-216 ◽  
Author(s):  
Adam D. Moore

In the most general terms, this article focuses on the tension between competing justifications of intellectual property. Section I examines the nature and definition of economic pragmatism and argues that, while economic pragmatism comes in many flavors, each is either unstable or self-defeating. Section II advances the view that Anglo-American systems of intellectual property have both theoretical and pragmatic features. In Section III a sketch of a theory is offered--a theory that may limit applications of economic pragmatism and provide the foundation for copyright, patent, and trade secret institutions. To be justified--to warrant coercion on a worldwide scale--systems of intellectual property should be grounded in theory. Intellectual property rights are, in essence, no different than our rights to life, liberty, and tangible property. Intellectual property rights are neither pure social constructions nor bargains without foundations.


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