scholarly journals CONSTITUTIONAL BASIS OF EXTRAJUDICIAL PROTECTION OF INTELLECTUAL PROPERTY RIGHTS (MEDIATION PROCEDURES)

2021 ◽  
Vol 1 (2) ◽  
Author(s):  
Natalia V. Bocharova ◽  
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Regulation ◽  
Private Law ◽  
General Process ◽  
Self Defense ◽  
The Right ◽  
Self Protection

The constitutional bases of mediation in intellectual property cases related to the complex interdisciplinary legal institution of self-protection of rights are analyzed. The urgency of the topic is due to a combination of public and private law principles in modern legal regulation and the general process of constitutionalization of private law and intellectual property law, in particular. It is noted that the proclamation of the constitutional right to self-defense means the inclusion in the comprehensive system of human rights protection of additional ways that increase the effectiveness of its other components and enrich the constitutional human rights mechanism as a whole. In recent years, mediation has been recognized as one of the effective and promising ways of self-protection of intellectual property rights. Ukraine is just beginning to build the institution of mediation as a way to protect intellectual property rights. The research of Ukrainian scientists analyzes the situations when it is expedient and profitable to use mediation to resolve disputes in the field of intellectual property. At the same time, in some works of Ukrainian researchers, in the author�s opinion, there is an element of a certain underestimation of public law support for the right to self-defense, in particular copyright. We believe that the constitutional provisions on self-protection of rights should be used more widely in the development of doctrinal issues of mediation intellectual property matters, which should strengthen the civil aspects of the right to selfdefense and give the problem a broader human significance. The author is convinced that the methodology of the modern system of protection of intellectual property rights should be based on an anthropological approach, which means that the provision and protection of intellectual property rights should be carried out from the standpoint of guaranteeing individual rights. It is concluded that the practice proves the profitability and effectiveness of the use of mediation in disputes related to the protection of intellectual property rights. The full implementation of this institution in Ukraine will contribute not only to improving the protection of intellectual property, but also to ensuring the constitutional rights of man and citizen.

scholarly journals Right To Property: From Magna Carta To The European Convention On Human Rights

SEEU Review ◽  
2015 ◽  
Vol 11 (1) ◽  
pp. 145-158 ◽  
Author(s):  
Jelena Ristik
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Trade Mark ◽  
European Convention ◽  
Human Rights Protection ◽  
European Court ◽  
Magna Carta ◽  
The Right

Abstract Property rights are integral part of the freedom and prosperity of every person, although their centrality has often been misprized and their provenance was doubted. Yet, traces of their origin can be found in Magna Carta, signed by the King of England in 1215. It was a turning point in human rights. Namely, it enumerates what later came to be thought of as human rights. Among them was also the right of all free citizens to own and inherit property. The European Convention on Human Rights was heavily influenced by British legal traditions, including Magna Carta. Among other rights, it also guaranties the right to property as a human right. Moreover, the protection of property rights has been extended to intellectual property rights as well. Namely, the European Court of Human Rights has provided protection of intellectual property rights through the adoption of decisions that interpret the right to property, in relation to intellectual property protection claims. It has extended the human rights protection of property to the mere application for registration of the trade mark. This paper has placed its focus on the development and treatment of the right to property starting from Magna Carta to the European Convention on Human Rights, as modern version of Magna Carta. In this sense, the jurisprudence of the European Court of Human Rights and its role and approach in the protection of the right to property will be examined as well.

scholarly journals Peculiarities of Some Author’s Rights Realization

1970 ◽  
pp. 242-248
Author(s):  
Sergii Petriaiev ◽  
Natalya Kogut
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Video Clip ◽  
Legal Regulation ◽  
Fine Art ◽  
The Internet ◽  
Sale Price ◽  
The Right ◽  
Death Of The Author

The most complicated in its realization material and personnel author’s rights are investigated in the article. The authors pay special attention to the next intellectual property rights: defense of the honor, dignity and goodwill of the author; inviolability of the composition; follow right; right of remuneration (royalty) for the commercial usage of the composition. The right of inviolability of the composition is a non-material right of intellectual property according to Ukrainian legislation but as an exception may be defended by other persons which are not subject of this right. On the contrary with the right of inviolability the right to change composition is a kind of material right of the author, which may be inherited. But changes into authors composition without his agree may break authors right on the honor and dignity which nevertheless exist during the lifetime of the author. Personnel non-material rights are valid during one’s lifetime on the contrary to the personnel rights of intellectual property. Thus, it is worth to provide that right to change composition after the death of the author other than translation or adoption as non-transferring material right of the author.   Follow right is the inalienable author’s right for 5 % from the sale price of the original artistic composition. Civil code of Ukraine doesn’t reveal to which kinds of artistic compositions may be applied follow right except for fine art compositions. It is told about works of fiction but it doesn’t allow to distinguish which objects should be excluded from the follow right. Logic position and international practice show that architectural objects and objects of folk arts are not amongst those, which may be used follow right for. Right of remuneration (royalty) for the commercial usage of the composition is weakly regulated. The main trouble that on the contrary with many other countries Ukrainian legislation doesn’t anticipate an obliged payments for commercial usage of compositions to persons who owns a material intellectual property rights. Besides, the exceptional list of free cases of compositions using contains also kinds of using which may anticipate commercial aspects. Especially it’s relevant to parodies, potpourri and caricatures. Using in such way changed compositions as a rule gives some commercial benefit or profit from advertising in the Internet whilst video clip. Also such kinds of composition’s changes may break the author’s right on honor, dignity and goodwill as well as an inviolability of the composition. The authors propose to define strictly the amount of repeat in the literature and musical compositions, which will be recognized as plagiarism. Besides, legal relations between the authors and publishers and possible ways of legal regulation of their material rights division are investigated in the article.

scholarly journals Medical Patents and the Right to Health – From Monopoly Control to Open Access Innovation and Provision of Medicines

2019 ◽  
Vol 61 (1) ◽  
pp. 153-182
Author(s):  
Philippe Cullet ◽  
Hu Yuanquiong
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Patent Protection ◽  
Access To Medicines ◽  
Right To Health ◽  
Trips Agreement ◽  
Human Right ◽  
The Right

The coming into force of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in the mid-1990s led to a massive strengthening of intellectual property rights in the global South. This was particularly controversial concerning restrictions on access to medicines and set the stage for spirited debates concerning the impacts of medical patents on the realisation of the right to health in the context of the HIV/AIDS crisis. Efforts to reconcile the right to health and medical patents led to a minor amendment of the TRIPS Agreement that has hardly had any impact on the ground while further strengthening of patent protection was obtained, for instance, through bilateral agreements. In the human rights field, attempts to strengthen the protection afforded by the right to health have been partly diluted by efforts to strengthen the claims of inventors under human rights law. At this juncture, two main elements need to be taken forward. The first is to revisit our understanding of the human right to health to ensure, for instance, that there is no compromise in the liberal promise of universality, in particular access to medicines for every person who needs them. The second element is the need to rethink the way in which legal incentives are given to innovate. In a context where patents are the only recognised legal incentive to innovate in the medical field, this discourages the development of medicines for diseases that may affect mostly poor patients, since companies need to recoup their investments. Further, it militates against giving attention to other systems of medicine whose innovations can usually not be protected under the patent system, even where treatments are effective. Keywords: TRIPS Agreement, Access to Medicines, Right to Health, ICESCR

Interrelation of the realization of the right to participate in the cultural life of society with other rights

2021 ◽  
Vol 15 (3) ◽  
pp. 91-93
Author(s):  
Şəhriyar Rəhman oğlu Cəfərzadə ◽  
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Property Rights ◽  
International Law ◽  
Intellectual Property Rights ◽  
Cultural Rights ◽  
Cultural Life ◽  
Community Information ◽  
The Republic ◽  
The Right

As one of the basic human rights, the right to participate in the cultural life of community is intertwined with the number of human rights. When we analyze both the norms of international law and domestic norms, we see this feature of the law. Thus, in the norms of international law, creative freedom and intellectual property rights are considered together with the right to participate in cultural life. Although the Constitution of the Republic of Azerbaijan specifies the rights mentioned separately, the content of these norms connects these rights. Thus, both literary and artistic, as well as scientific and technical activities, which are part of creative freedom, are considered participation in cultural life. The implementation of these two activities creates intellectual property rights. Key words: human rights, intellectual property rights, cultural rights, right to participate in cultural life of community, information right, cultural right

scholarly journals What Constitutions Can Do (but Courts Sometimes Don’t): Property, Speech, and the Influence of Constitutional Norms on Private Law

2004 ◽  
Vol 17 (1) ◽  
pp. 61-81 ◽  
Author(s):  
Oliver Gerstenberg
Keyword(s):  
Human Rights ◽  
Property Rights ◽  
Freedom Of Expression ◽  
Social Democracy ◽  
Recent Attempt ◽  
Private Law ◽  
Human Rights Norms ◽  
The Right ◽  
Higher Law

In this paper I want to address, against the background of the ECtHR’s recent attempt to resolve the clash between property rights and the right to freedom of expression in its decision in Appleby v. UK, two questions, both of which I take to be related to the overarching theme of “social democracy”. First, there is the problem of the influence of “higher law”-of human rights norms and constitutional norms-on private law norms; second, the question of the role of adjudication in “constitutionalizing” private law, in other words, the question of the “judicial cognizability” of constitutional norms within private law.

Beyond Unbridled Optimism and Fear: Indigenous Peoples, Intellectual Property, Human Rights and the Globalisation of Traditional Knowledge and Expressions of Folklore: Part I

2013 ◽  
Vol 15 (3) ◽  
pp. 319-339 ◽  
Author(s):  
Caroline Joan S. Picart ◽  
Caroline Joan S. Picart ◽  
Marlowe Fox
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Property Rights ◽  
Traditional Knowledge ◽  
Intellectual Property Rights ◽  
Indigenous Peoples ◽  
Property Law ◽  
Cultural Expression ◽  
Intellectual Property Law ◽  
Traditional Cultural Expressions

Abstract This article is the first part of a two-part piece, which considers the intellectual property rights of indigenous peoples. After establishing pragmatic working definitions of who “indigenous peoples” are and what folklore (or “traditional cultural expression”) is, as compared with, but dialectically related to, “traditional knowledge,” this article does the following: 1) explains why western assumptions built into intellectual property law make this area of law a problematic tool for protecting traditional knowledge (TK) and expressions of folklore (EoF) or traditional cultural expressions (TCE) of indigenous peoples; and 2) creates a general sketch of human rights related legal instruments that could be and have been harnessed, with varying degrees of success, in the protection of the intellectual property of indigenous peoples.

scholarly journals KEEPING THE NATION'S ASSETS THROUGH THE LEGAL PROTECTION OF COPYRIGHT WORKS OF CULTURE

2016 ◽  
Vol 1 (1) ◽  
pp. 55-71
Author(s):  
Zulkifli Makkawaru
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Literature And Science ◽  
Community Rights ◽  
Art And Culture ◽  
The Right

Indonesia positioned copyright art and culture based on its strength as a nation or community rights over an Alliance grouping of the society which can give the effect of distortions in its protection. Which institution can be megurus and oversee the interests between countriesCultivate ideas/ideas in the fields of art, literature and science in the context of intellectual property rights (HKI) categorized into areas of HKI named Copyright (Copyright). The scope of the rights provided for the protection of copyright in the context of this very broad following elements known in several countries. There is a different understanding about the copyright status of culture from both the substance of the right nor of the appreciation of the case which threatens foreign claims copyright over the culture of Indonesia

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