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

PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN UKRAINE: MODERN REALITIES AND PROSPECTS

2017 ◽  
Author(s):  
Yuliia Tovstohan ◽  
◽  
Serhii Ivanov ◽  
Keyword(s):  
Intellectual Property ◽  
Civil Rights ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Current System ◽  
General Procedure ◽  
Legal Protection ◽  
General Concept ◽  
Scientific Article ◽  
Definition Of

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.

scholarly journals Innovation IT-Payment Technologies as a Know-how and an Object of Intellectual Property Rights

2020 ◽  
Vol 38 (Especial II) ◽  
pp. 518-535
Author(s):  
Ernest Gramatskyy ◽  
Inha Kryvosheyina ◽  
Volodymyr Makoda ◽  
Liydmyla Panova
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Information Technologies ◽  
Personal Data ◽  
Modern Society ◽  
Research Information ◽  
Know How ◽  
Legal Method ◽  
System Method

The modern society necessitates the introduction of new IT-solutions to meet its needs. With the spread of know-how, the need for its detailed analysis with the further determination of the direction of development. The purpose is to carry out an analysis of the introduction and functioning of know-how, as well as to determine the vectors of its use, taking into account the needs of participants in legal relations arising in this area. The subject of research – information technologies (know-how) as objects of intellectual property rights in their use. The methodological basis consists of the method of analysis, the method of synthesis, the dialectical method, the comparative-legal method, the system method, and the logical-legal method. The result of this work is to identify the importance of the information technologies in everyday life of modern society and the level of popularity of their use, outlining possible vectors of development in the economics in the direction of digitalization and justification of the need to improve the provisions of current legislation within the considered topic, expressing the idea of the direction of innovative information policy in the direction of active use of blockchain and maximum compliance with the protection of personal data of customers.

scholarly journals Intellectual property law in the field of sports: specifics of manifestations and features of legal regulation

2021 ◽  
Vol 39 (69) ◽  
pp. 530-546
Author(s):  
Evgen Kharytonov ◽  
Olena Kharytonova ◽  
Maxym Tkalych ◽  
Inna Bolokan ◽  
Hanna Samilo ◽  
...  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Public Relations ◽  
Intellectual Property Rights ◽  
Legal Regulation ◽  
Property Law ◽  
Sports Law ◽  
Intellectual Property Law ◽  
Legal Method ◽  
Wide Range

The article aims to explore the relationships that arise with respect to intellectual property rights in sports. The objectives of the article are to establish points of contact between intellectual property law and sports, as well as a detailed analysis of relevant public relations in terms of intellectual property law and sports law. To achieve the objectives of the article, the authors used a number of scientific methods, among which the main methods are analysis, synthesis and comparative-legal method. The authors of the study concluded that modern sport is developing in close intertwining with intellectual property rights, because only in this way can a sports spectacle be conveyed to a wide range of spectators and consumers in a broad sense. In addition, the range of points of contact between intellectual property and sports law is constantly growing and such can now be called not only patents and trademarks in sports, but also copyright, "image" rights, know-how in sports and the like.

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

scholarly journals HAK KEKAYAAN INTELEKTUAL SEBAGAI BENDA: PENELUSURAN DASAR PERLINDUNGAN HKI DI INDONESIA

2015 ◽  
Vol 9 (2) ◽  
pp. 133
Author(s):  
Indirani Wauran-Wicaksono
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Civil Law ◽  
The Other ◽  
Legal Authority ◽  
Intellectual Work

<p><strong>Abstrak</strong><br />Hak Kekayaan Intelektual memberikan kewenangan hukum kepada seseorang untuk<br />mendapat keuntungan dari karya intelektual yang diciptakan. Hal ini berimplikasi pihak<br />lain, yang tanpa persetujuan, tidak diperbolehkan untuk mengambil keuntungan dari<br />sebuah karya intelektual. Pengambilan keuntungan berarti mengambil sesuatu, di mana<br />sesuatu tersebut berada dalam hukum sipil yang dikenal dengan properti. Artikel ini<br />menyelidiki kembali perlindungan dasar hak kekayaan intelektual untuk memberikan<br />justifikasi bahwa hak kekayaan intelektual adalah ‘properti’ yang memiliki sifat dasar<br />properti dan faktanya obyek properti memiliki hak milik.<br /><br /></p><p><em><strong>Abstract</strong></em><br />Intellectual Property Rights provides legal authority for a person to reap the rewards of<br />the intellectual work produced. This has a consequence that the other party without consent<br />must not take advantage of an intellectual work. Reap the rewards of means to take<br />something, which in civil law is known as the property. This article retraces the basic<br />protection of intellectual property rights to provide justification that intellectual property<br />rights are ‘a property’ that has the nature of properties and in fact, is the object of property<br />that has proprietary rights.</p>

scholarly journals PENERAPAN HUKUM ACARA PENGADILAN NIAGA YANG BERADA DALAM LINGKUP PERADILAN UMUM

2018 ◽  
Vol 16 (1) ◽  
Author(s):  
Ladju Kusmawardi ◽  
Kholis Roisah
Keyword(s):  
Intellectual Property ◽  
Civil Rights ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Secondary Data ◽  
Research Area ◽  
District Court ◽  
Primary Data ◽  
Research Subjects ◽  
Court Judge

<p>The Commercial Court is a special court within the General Courts. This<br />Commercial Court has the authority to accept, examine and adjudicate the case for<br />an application for bankruptcy statements, request for a delay in the obligation to pay<br />debts (PKPU), other claims and intellectual property rights (IPR).This study aims to<br />determine the scope of duties and authority of the Commercial Court, the legal<br />standing of Creditors and Debtors after the dispute has been decided by Hakim<br />Niaga and has permanent legal force and the implementation of the execution at the<br />Commercial Court. The approach method used in this research is sociological<br />juridical with the Semarang City research area, especially the Semarang<br />Commercial Court. The research subjects included those involved in the proceedings<br />at the Semarang Commercial Court. Primary data and secondary data are obtained<br />through field surveys and literature studies.Based on the research and analysis<br />results, it is known that the scope of duties and authority of the Commercial Court is<br />to accept, examine and decide on the case for an application for bankruptcy<br />statements, postponement of the obligation to pay debts (PKPU), other claims and<br />cases included in the field of intellectual property rights (IPR).The legal standing of<br />the parties is that for the Debtor after being declared bankrupt by the Commercial<br />Court Judge, he loses the right to manage the bankrupt assets owned by him, but the<br />Debtor's civil rights as a person (personrechi) is not lost.Regarding the execution of<br />the Commercial Court that is still guided by the provisions of HI R / RBg as the<br />execution of civil cases in the District Court, this is because Law No. 4 of 1998 has<br />not been regulated separately. Especially for the execution of the forged Brand case,<br />the mark of the falsified goods / products is carried out at the Directorate General of<br />Trademark, Copy and Patent of the Ministry of Justice and Human Rights in Jakarta</p>

The Waiver of Certain Intellectual Property Rights Provisions of the TRIPS for the Prevention, Containment and Treatment of COVID-19: A Review of the Proposal under WTO Jurisprudence

2022 ◽  
pp. 1-19
Author(s):  
Khorsed Zaman
Keyword(s):  
Intellectual Property ◽  
Knowledge Transfer ◽  
Property Rights ◽  
World Trade Organization ◽  
Intellectual Property Rights ◽  
World Trade ◽  
Scaling Up ◽  
Legal Analysis ◽  
Balanced Approach

Abstract This article is a critical legal analysis of the proposed TRIPS waiver under World Trade Organization (WTO) law. It reviews the existing TRIPS flexibilities and the “August 2003 TRIPS waiver”, highlighting the obstacles to achieving the goals of these legal instruments. It demonstrates that numerous critical TRIPS flexibilities, notably TRIPS Article 31bis, are ineffective, prompting some countries to submit a new waiver proposal to the WTO. It highlights several WTO rules that are also quite ambiguous. This paper argues that a WTO clarification might be an alternative to the new TRIPS waiver proposal if it is ultimately rejected due to a lack of consensus among WTO members. Finally, this article emphasises the importance of adopting a balanced approach that may simplify complicated TRIPS rules, decrease the risk of trade-based retaliation and improve collaboration in knowledge transfer and scaling up the manufacture of and access to lifesaving vaccines, pharmaceuticals and healthcare equipment.

‘SEIZING’ PHARMACEUTICALS IN TRANSIT: ANALYSING THE WTO DISPUTE THAT WASN'T

2012 ◽  
Vol 61 (2) ◽  
pp. 389-426 ◽  
Author(s):  
Bryan Mercurio
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Dispute Settlement ◽  
Trade Agreement ◽  
Pharmaceutical Products ◽  
Legal Analysis ◽  
The European Union ◽  
In Transit ◽  
The Eu

AbstractSeveral recent detentions of generic pharmaceutical products transiting through the European Union (EU) for suspected infringements of intellectual property rights raised serious concerns for public health advocates and threatened to expose systemic problems existing in the World Trade Organization's (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The detentions not only garnered international attention, but India and Brazil formally began WTO dispute settlement proceedings against the EU. The parties recently reached a mutually agreed solution to the matter and the proceedings have been halted, leaving unanswered the complex legal and technical questions raised by the detentions of pharmaceuticals in transit. Despite a solution being reached in this dispute, the matter will undoubtedly resurface in the near future for a number of reasons. For instance, the EU is attempting to export its laws to its trading partners through the negotiation of free trade agreements and in other forums such as the recently concluded Anti-Counterfeiting Trade Agreement which increases the likelihood that similar detentions will occur at some point in the future. Moreover, recent trends in international intellectual property law indicate a move towards increased protection and enforcement in at least the short and medium term. The issue therefore offers the opportunity for rich legal analysis into an underexplored, yet increasingly important, aspect of WTO law.

scholarly journals European Union view on Personal Data in Intellectual Property Rights

2021 ◽  
Vol 7 (1) ◽  
pp. 92-106
Author(s):  
Dorin Cimil ◽  
◽  
Olesea Plotnic ◽  
Keyword(s):  
Intellectual Property ◽  
Civil Rights ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Personal Information ◽  
Personal Data ◽  
Legal Framework ◽  
Point Of View ◽  
Data Market ◽  
The Republic

The issue under investigation concerns whether personal data or personal information from the point of view of intellectual property constitutes as such a commodity or economic potential, which may be subject to alienation and registration as an object protected by the intellectual property system or represent a non-commercial object, without circulation in civil relations, with a special legal regime, connected to the fundamental human rights and freedoms. Recognition of personal data and other categories of information, related to the person (geolocation data, user-generated content) in terms of intellectual property rights as objects of civil rights, would allow the development of the data market, necessary for the functioning of innovative technologies on big data, cognitive calculations, the Internet of goods, and bringing these technologies into a legal and civilized field. The objective of the article is to appreciate whether personal data is subject to any intellectual property rights by the assessment of EU jurisprudence in line with national legal framework of the Republic of Moldova.

TINJAUAN YURIDIS PENGENAAN BEA MASUK DAN PAJAK-PAJAK DALAM RANGKA IMPOR (PDRI) FILM IMPOR

INFO ARTHA ◽  
2017 ◽  
Vol 3 ◽  
pp. 90-108
Author(s):  
Agus Sriyanto
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Economic Value ◽  
Civil Law ◽  
Trade Associations ◽  
Movie Content ◽  
Gatt 1994

Law No. 17 of 2006 on the amendment of Law No. 10 of 1995 on Customs has already accommodated the provisions of the Agreement on Implementation of Article VII of the GATT 1994. One of these provisions is a method that allowed the determination of the customs value rates. owever, in practice often a discrepancy between the rules and the implementation. There are some cases that arise, involving importers rights holders imports from trade associations (representatives of six producer fim Hollywood America (MPAA)), and after conducted audits of customs and excise discovered fact an indication that this time they do not include the value of royalties in the calculation of customs duties movies -film that they imported at the time of giving notice of imported goods and pay off the levies customs duties and taxes on import to the Customs and Excise office. The term goods or objects in the form of intangible objects, referring to the provisions of civil law can be in the form of copyright which there are royalties manufacturers to publish / distribute content using the film in the form of a roll of film, DVD, or other computer files. Movie content is the intellectual property rights of man in the form of cinematography, and with a certain economic value, can have implications for increasing the value of the object from the original object in the form of an empty movie becomes much more valuable after the content in cinematography. 

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