scholarly journals DEFINITION OF THE PATENT AND THE PERIOD OF PROTECTION.

2019 ◽  
Author(s):  
Arga Ade Audiya

Patent is a special right granted by the State to the inventor for the results of his invention in the field of technology, for a certain period of time implementing the invention himself or giving his approval to others to carry it out, types of patents namely patents and simple patents. Patents are exclusive rights granted by the state to inventors for the results of their inventions in the field of technology which for a certain period of time carry out their own or give approval to other parties to implement them while Simple Patents are any inventions in the form of new products or tools and practical utility the form, configuration, construction, or component can obtain legal protection in the form of a simple patent Patent Protection Period As known in Article 8 paragraph 1 of Law No. 14 of 2001 concerning Patents, the patent is granted for a period of 20 (twenty years) from the date of receipt and the period cannot be extended, whereas for a simple patent given for a period of 10 (ten years) from the date of receipt and the period cannot be extended. If the patent protection period has expired, an event will become a public domain so that other parties can freely produce and sell it. The rules regarding the validity period of the patent are intended so that no party can continuously control the entire industry so that it is feared that it can harm the community and the trading system.

2018 ◽  
Author(s):  
Arga Ade Audiya

Patent is a special right granted by the State to the inventor for the results of his invention in the field of technology, for a certain period of time implementing the invention himself or giving his approval to others to carry it out, types of patents namely patents and simple patents. Patents are exclusive rights granted by the state to inventors for the results of their inventions in the field of technology which for a certain period of time carry out their own or give approval to other parties to implement them while Simple Patents are any inventions in the form of new products or tools and practical utility the form, configuration, construction, or component can obtain legal protection in the form of a simple patentPatent Protection Period As known in Article 8 paragraph 1 of Law No. 14 of 2001 concerning Patents, the patent is granted for a period of 20 (twenty years) from the date of receipt and the period cannot be extended, whereas for a simple patent given for a period of 10 (ten years) from the date of receipt and the period cannot be extended. If the patent protection period has expired, an event will become a public domain so that other parties can freely produce and sell it. The rules regarding the validity period of the patent are intended so that no party can continuously control the entire industry so that it is feared that it can harm the community and the trading system.


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


2018 ◽  
Vol 82 (3) ◽  
pp. 55-64
Author(s):  
V. M. Vasyliev

The article is devoted to the study of the category “entrepreneurial activity”, its definition in legal sense, as well as clarification of the legal nature and characteristics. On the basis of a comprehensive analysis of the existing national legislation, as well as systematization of scientific views on the establishment of the content and essence of entrepreneurial activity, the authorʼs definition of this type of socially useful economic activity is formulated. Under the entrepreneurial activity it is proposed to understand the independent type of economic activity, which is carried out at its own risk and under its responsibility by the subjects of entrepreneurial activity (individuals and legal entities registered in the manner prescribed by law), which is systematic, initiative, lawful and innovative and aimed at obtaining personal income and public benefit. The main and additional features that are characteristic of entrepreneurial activity in the conditions of modern development of the state economy and financial level of life of the society are determined and described. The main features of entrepreneurial activities include: systematic, innovative, risk-taking, initiative, full property liability, focus on personal profit, legality. To the optional (additional) features of entrepreneurial activity include: high degree of adaptability to existing socio-economic, political and legal conditions in the state, focus on achieving public economic results, substantiation, directness and mediation of such activities. Generalized functions of entrepreneurial activity, through which the legal aspects of the content and features of this type of economic activity, are revealed.


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.


2018 ◽  
Vol 2018 (9) ◽  
pp. 60-73
Author(s):  
Hanna BLAKYTA ◽  
◽  
Viktoriia MELNYK ◽  
Olena PURDENKO ◽  

The article is devoted to the definition of the essential characteristics of economic security of private enterprises and its main components; it is proposed to expand the main structural elements of the system of economic security of private enterprises. The main functional objectives of economic security are: ensuring the high financial efficiency of work, financial stability and independence of private enterprises on a industry scale; ensuring technological independence and achieving the high competitiveness of the technical potential of small business enterprises; achievement of high efficiency of management; achievement of a high level of personnel qualification and its intellectual potential; Minimizing the devastating impact of the results of industrial and economic activity on the state of the environment; qualitative legal protection of all aspects of the activity of private enterprises, etc. It is proposed to consider the system of economic security of private enterprises as an integral set of subjects and objects of security, an environment that ensures their interaction and purposeful activity in the internal and external environment in relation to countering threats, protection of economic interests and, in general, creation of safe conditions for functioning at the planned level indicators. Attention is drawn to European experience and standards in the field of business security, but to take into account the fact that private enterprises of Ukraine are forced to operate in more difficult and dangerous conditions than in developed countries, therefore, during the period of the current stage of reforms in the sphere of private entrepreneurship, it is recommended to introduce normative and legal base which would fine-tune the peculiarities of functioning of private enterprises and create favourable conditions for the emergence of the economic crisis in order to create a reserve of strength in the event of unforeseen circumstances, as private enterprises are a significant component of the economic security of the state.


2020 ◽  
pp. 90-94
Author(s):  
V.V. Makarchuk

The article is intended to formulate the author’s definition of the concept of the legal status of law enforcement agencies with the subsequent definition of its features. The urgency of the issue outlined in the article is due to the reform processes in the field of law enforcement in Ukraine. The article analyzes different opinions on the definition of «legal status» and «law enforcement agencies». Definitions and some features of law enforcement activity are also analyzed. Emphasis is placed on modern changes in socio- economic and political-legal conditions of law enforcement, the course of our state on European integration, which determine the constant need to reform the law enforcement system to ensure internal security, in accordance with modern social needs and capabilities of the state. It is noted that the country’s law enforcement agencies are key in the system of executive bodies and are a necessary condition for protecting the constitutional order, and ensuring law and order, respect for human and civil rights and freedoms and protection of internal security from internal threats. The structural distribution of the directions of the system of activity of law enforcement bodies is considered: ensuring the internal security of the state; activities for detection, prevention, prevention of crimes and offenses; activities for the protection of internal state security, state border and law enforcement; ensuring internal economic and information security. Each of these areas has its own characteristics that characterize a particular specificity of a body. It is concluded that different conceptual approaches to the legal status of law enforcement agencies in Ukraine are debatable. They can be used for further work towards the formation of a modern effective system of law enforcement, free from duplication of powers and parallelism, based on a modern understanding of their functioning, which is based on the priority of human rights and freedoms, respect for their honor and dignity, security and legal protection.


EDUKASI ◽  
2018 ◽  
Vol 16 (1) ◽  
Author(s):  
Hendra Karianga

Sources of revenue and expenditure of APBD (regional budget) can be allocated to finance the compulsory affairs and optional affairs in the form of programs and activities related to the improvement of public services, job creation, poverty alleviation, improvement of environmental quality, and regional economic growth. The implications of these policies is the need for funds to finance the implementation of the functions, that have become regional authority, is also increasing. In practice, regional financial management still poses a complicated issue because the regional head are reluctant to release pro-people regional budget policy, even implication of regional autonomy is likely to give birth to little kings in region causing losses to state finance and most end up in legal proceedings. This paper discusses the loss of state finance and forms of liability for losses to the state finance. The result of the study can be concluded firstly,  there are still many differences in giving meaning and definition of the loss of state finace and no standard definition of state losses, can cause difficulties. The difficulty there is in an effort to determine the amount of the state finance losses. The calculation of state/regions losses that occur today is simply assessing the suitability of the size of the budget and expenditure without considering profits earned by the community and the impact of the use of budget to the community. Secondly, the liability for losses to the state finance is the fulfillment of the consequences for a person to give or to do something in the regional financial management by giving birth to three forms of liability, namely the Criminal liability, Civil liability, and Administrative liability.Keywords: state finance losses, liability, regional finance.


Author(s):  
Karl Widerquist ◽  
Grant S. McCall

Earlier chapters of this book found that the Hobbesian hypothesis is false; the Lockean proviso is unfulfilled; contemporary states and property rights systems fail to meet the standard that social contract and natural property rights theories require for their justification. This chapter assesses the implications of those findings for the two theories. Section 1 argues that, whether contractarians accept or reject these findings, they need to clarify their argument to remove equivocation. Section 2 invites efforts to refute this book’s empirical findings. Section 3 discusses a response open only to property rights theorists: concede this book’s empirical findings and blame government failure. Section 4 considers the argument that this book misidentifies the state of nature. Section 5 considers a “bracketing strategy,” which admits that observed stateless societies fit the definition of the state of nature, but argues that they are not the relevant forms of statelessness today. Section 6 discusses the implications of accepting both the truth and relevance of the book’s findings, concluding that the best response is to fulfil the Lockean proviso by taking action to improve the lives of disadvantaged people.


Author(s):  
Adam Bodіuk

The subject of the study is the mechanism for determining the fiscal fee forthe main transportation of hydrocarbon goods as a resource concept. The purposeof this article is to justify the nature and prospects of using, instead of currentrent, hydrocarbon fiscal-main income as a fiscal payment, which is brought intothe state budget by operators of the main hydrocarbon-transport system as business entities for their transportation of hydrocarbons and products of their processing through main pipelines appropriate to the economic requirements. Theresearch methodology is determined by a combination of methods: a) cognition:legal analysis (study of the regulatory framework for the use of rent); b) justification: abstract logical analysis (definition of the concepts of hydrocarbon fiscalmain income); c) generalization (substantiation of conclusions and proposals).Results of work. In the process of analyzing the regulatory legal acts that regulate the use of current annuity as payment to the budget for the main transportation of hydrocarbons, it was established that it is not a tax in the interpretationof PKU, since the essence does not meet the official definition of tax, does notmeet the accepted definition of the concept of rent. The accepted nature andmechanism of paying rent for the transportation of hydrogen resources and associated revenues of the state and users of the main hydrogen transport systemand the unpromising nature of its use as a fiscal payment are analyzed. Conclusions.It is proposed that the state pay for the territorial pumping of hydrocarbon resources according to our triple principle as hydrocarbon fiscal-main income, whichcorresponds to its essence, and accordingly change the mechanism for calculatingand depositing funds to treasury accounts. Since the funds come to the revenueside of the state budget, that is, inherently belong to state revenue. The creationof such a mechanism needs certain studies, justifications and government decisions. The same applies to land use, since the quality indicators of soils, wherethe laid pipelines are territorially different. In addition, there is a process ofchanging land for its intended purpose, for the property. The fee for movinghydrocarbon resources should be calculated depending on the type of transport,including pipelines, for a set of indicators: quantity and quality of goods, time,main tariffs and distance of its movement. The amount may be adjusted usingfactors officially established by the CMU. Since the pipelines are located in territorial lands, part of this fee should be transferred to the territorial local budgets.Theoretically, the economic use of trunk pipelines should be considered as a typeof economic environmental management. Therefore, this type of government revenue should be determined by a set of indicators, as well as taking into account the economic interests of business entities authorized by the CMU. Thus, theimplementation of our proposed fiscal payment is relevant, has scientific noveltyand promising practical significance, therefore, for state recognition it is proposedto include it in the Tax Code of Ukraine.


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