A Study on International Issues Related to Intellectual Property Rights and Protection Measures in synthetic biology

2021 ◽  
Vol 35 ◽  
pp. 103-127
Author(s):  
YERI RYU ◽  
MIRA JO
Keyword(s):  
Intellectual Property ◽  
Synthetic Biology ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Protection Measures ◽  
International Issues

IT Security Governance Legal Issues

2012 ◽  
pp. 47-73
Author(s):  
Gemma María Minero Alejandre
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Developed Countries ◽  
Protection Measures ◽  
Security Governance ◽  
Database Right ◽  
Substantial Investment ◽  
Copy Protection ◽  
Made In

The protection of the investment and creativity made in producing computer programs and databases by intellectual property rights is still not harmonised internationally. Taking into account that IT is used not only to produce these goods, but also to infringe their intellectual property rights, national laws nowadays also protect the so-called technological protection measures, such as passwords, encryption or copy-protection software, created to protect the intellectual property rights. Besides, IT must fulfill the privacy protection regulations currently in force and the companies using it must carry out the international auditing standards. But intellectual property rights cannot protect simple data and information, apart from the substantial investment made in either obtaining, verification, or presentation of data, by sui generis right over databases (or database right). This chapter examines and compares the current legislations of developed countries in order to find the characteristics -and the criticism- in common.

scholarly journals Synthetic biology and intellectual property rights: Six recommendations

2015 ◽  
Vol 10 (2) ◽  
pp. 236-241 ◽  
Author(s):  
Timo Minssen ◽  
Berthold Rutz ◽  
Esther van Zimmeren
Keyword(s):  
Intellectual Property ◽  
Synthetic Biology ◽  
Property Rights ◽  
Intellectual Property Rights

IT Security Governance Legal Issues

2015 ◽  
pp. 72-99
Author(s):  
Gemma María Minero Alejandre
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Developed Countries ◽  
Protection Measures ◽  
Security Governance ◽  
Database Right ◽  
Substantial Investment ◽  
Copy Protection ◽  
Made In

The protection of the investment and creativity made in producing computer programs and databases by intellectual property rights is still not harmonised internationally. Taking into account that IT is used not only to produce these goods, but also to infringe their intellectual property rights, national laws nowadays also protect the so-called technological protection measures, such as passwords, encryption or copy-protection software, created to protect the intellectual property rights. Besides, IT must fulfill the privacy protection regulations currently in force and the companies using it must carry out the international auditing standards. But intellectual property rights cannot protect simple data and information, apart from the substantial investment made in either obtaining, verification, or presentation of data, by sui generis right over databases (or database right). This chapter examines and compares the current legislations of developed countries in order to find the characteristics -and the criticism- in common.

scholarly journals PROTECTING DATABASES – A CALL FOR REGULATION

2012 ◽  
Vol 19 (1) ◽  
pp. 85-121
Author(s):  
Catherine Colston
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Information Society ◽  
Protection Measures ◽  
Court Of Justice ◽  
European Court ◽  
Database Right ◽  
User Access ◽  
The Uk

Legislators for intellectual property rights have traditionally balanced protection with user access to the protected property. In particular, information has been treated as deserving of wider access by users. Departure from these norms erodes the very justification for intellectual property rights. However, the combined effects of the sui generis database right and that for technological protection measures for electronic works introduced by the Database and Information Society Directives led to fears of monopoly powers over raw data and information and erosion of the traditional balances. The implementation and application of these measures in the UK and elsewhere appeared to confirm these fears. Given the opportunity to reverse these effects, both the European Court of Justice and the European Commission have failed to redress the balance. Consequently, urgent attention should be paid to control over regulation of database licensing.

scholarly journals Copyright Protection towards the Society 5.0

2021 ◽  
Vol 56 (2) ◽  
pp. 394-404
Author(s):  
Anis Mashdurohatun ◽  
Adhi Budi Susilo ◽  
Bambang Tri Bawono
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Social Life ◽  
Industrial Revolution ◽  
Legal Protection ◽  
Copyright Law ◽  
Moral Rights ◽  
Protection Measures ◽  
Study Results

Technology business competition leads to the order of social life to solve challenges through a combination of innovations from various elements found in the industrial revolution 4.0 towards Society 5.0. One form of Intellectual Property Rights is Copyright, which has the widest scope of protected objects since it includes science, art, literature, and computer programs where artificial intelligence will transform millions of data collected via the internet into increasingly complex wisdom to consider a technology that can bring benefits but is also a "threat and challenge" towards the gate of Society 5.0. This research aims to determine the protection of copyright law towards the gate of society 5.0. The research method used is normative juridical. Literary law research is legal research conducted by examining library materials or secondary data based on the principles, theories, doctrines, prevailing laws, and regulations. The study results found that the Copyright Law has not accommodated Society 5.0, especially economic rights for its creators. Article 6 is only to protect moral rights through Copyright management information and electronic information on Copyright. There is a need for the state's role, which functions as a regulator, provider, and counterweight, to adjust the rules to follow technological developments towards the gate of society 5.0, which does not mean changing all current legal products but is adaptive to existing legal instruments as legal protection measures to face a new chapter of intellectual property rights.

scholarly journals Anti-Circumvention Misuse

2016 ◽  
Author(s):  
Dan Burk
Keyword(s):  
Intellectual Property ◽  
Access Control ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Copyright Law ◽  
Similar Function ◽  
Protection Measures ◽  
The Past ◽  
Sound Policy ◽  
Patent Grant

The anticircumvention provisions of the Digital Millennium Copyright Act penalize both the circumvention of technical protection measures, and supplying the means for such circumvention. These prohibitions are entirely separate from the exclusive rights under copyright, causing some commentators to dub the anti-circumvention right as "paracopyright." Such "paracopyright" effectively grants copyright holders sweeping new ability to impose terms of access on content users: consumers who access content without accepting the content owner's terms would violate the owner's "paracopyright" even if the material accessed is not itself copyrighted or copyrightable.At some point, such leveraging of access control seems certain to overstep the bounds militated by sound policy or intended by Congress. In the past, abuse of intellectual property rights has been curtailed under the doctrine of misuse. Misuse claims first arose in the patent context, where the patent might be leveraged into licensing terms that exceeded the proper scope of the patent grant. More recently, overreaching in copyright licensing has been recognized to constitute a form of misuse. This paper argues that because DMCA "paracopyright" is ripe for abuse, limits on overreaching may be imposed by applying the misuse doctrine in this new area. Just as improper leveraging of patent and copyright may be curtailed by application of the misuse doctrine, so improper leveraging of paracopyright should be curtailed by application of misuse. This new application of misuse doctrine may be guided by the standards established in previous applications to patent and copyright law, and may serve a similar function in regulating the excesses invited by the anticircumvention right.

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