scholarly journals IP protection by criminal law – A necessity for the development of science, technology, innovation and creativity in Vietnam

2018 ◽  
Vol 2 (1) ◽  
pp. 21-30
Author(s):  
Vien The Giang
Keyword(s):  
Intellectual Property ◽  
Growth Model ◽  
Criminal Law ◽  
Technology Innovation ◽  
Criminal Code ◽  
Science Technology ◽  
Ip Law ◽  
The Relationship ◽  
Plant Breeders Rights

The paper attempts to clarify the relationship between the Criminal Code and Intellectual Property (IP) Law in determining whether an IP infringement is a crime. The results show that the determination of an IP crime as specified in 2015 Criminal Code (amended in 2017) is yet to reflect the connotation of IP as specified in 2005 IP Law (amended in 2009). This practice requires a supplement of “the plant breeders’ rights” for a comprehensive protection of IP. This requirement is of significance in creating a motivation for creative activities which contribute to the shift to technology-based growth model, innovation and creativity in Vietnam.

scholarly journals SENTENCING SCOPES (RANGES) IN THE CRIMINAL CODE OF MONTENEGRO AND THE SENTENCING POLICY

2021 ◽  
Vol 59 (2) ◽  
pp. 93-112
Author(s):  
Darko Radulović ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Theory And Practice ◽  
Practical Application ◽  
Separate Part ◽  
Sentencing Policy ◽  
Criminal Legislation ◽  
The Relationship

The fixing of sentence is one of the most important issues in both criminal law theory and practice. In a certain sense, all provisions of the criminal legislation are embodied precisely in the fixing of sentence. The fixing of sentence depends on the manner in which the legal sentencing scopes have been set normatively. This paper is dedicated to the analysis of the sentencing ranges in the Criminal Code of Montenegro. It first discusses the three systems of imposition of a sentence of imprisonment, and then the different models of sentencing scopes (closed, open and semi-open). This is followed by a presentation of the prevalence of said models in the criminal legislation of Montenegro in terms of the normative determination of individual sanctions in a separate part of the Criminal Code and its practical application. There is also an examination of the relationship between the legislative sentencing policy and the judicial sentencing policy.

scholarly journals Groźba popełnienia przestępstwa o charakterze terrorystycznym w ujęciu art. 115 § 20 k.k. – wybrane problemy wykładni

2019 ◽  
Vol 28 (3) ◽  
pp. 41
Author(s):  
Aneta Michalska-Warias
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Eu Law ◽  
Terrorist Threat ◽  
Special Part ◽  
New Type ◽  
The Relationship

<p>The paper discusses the concept of a terrorist threat in the light of Article 115 § 20 of the Polish Criminal Code. The author stresses the relationship between this term and the punishable threat described in the special part of the Criminal Code. The conducted analysis leads to the conclusion that the terrorist threat must be treated as a special type of the punishable threat and, as a result, many real terrorist threats may not meet the criteria of a forbidden act, e.g. because of the lack of an individualised victim. As a result, there appear serious doubts as to whether Polish criminal law meets the requirements of EU law referring to the criminalisation of terrorist threats and, therefore, the introduction of a new type of offence of a terrorist threat and some changes in Article 115 § 20 and Article 115 § 12 of the Criminal Code have been proposed.</p>

Roadmap to Artificial Intelligence and Intellectual PropertyAn Introduction

2021 ◽  
pp. 1-8
Author(s):  
Jyh-An Lee ◽  
Reto M Hilty ◽  
Kung-Chung Liu
Keyword(s):  
Artificial Intelligence ◽  
Intellectual Property ◽  
Driving Force ◽  
Human Beings ◽  
Legal Subjects ◽  
Human Intellect ◽  
Ip Law ◽  
Creativity And Innovation ◽  
The Relationship

This introductory chapter provides an overview of the relationship between artificial intelligence (AI) and intellectual property (IP). While human beings have used various instruments and technologies to create and innovate, they themselves have been the main driving force of creativity and innovation. AI puts that into question, raising numerous challenges to the existing IP regime. Traditionally, the “intellectual” part of “intellectual property” refers to human intellect. However, since machines have become intelligent and are increasingly capable of making creative, innovative choices based on opaque algorithms, the “intellectual” in “intellectual property” turns out to be perplexing. Existing human-centric IP regimes based on promoting incentives and avoiding disincentives may no longer be relevant—or even positively detrimental—if AI comes into play. Moreover, AI has sparked new issues in IP law regarding legal subjects, scope, standards of protection, exceptions, and relationships between actors.

The Relevance of Criminal Law in Intellectual Property Law Research

2021 ◽  
pp. 198-220
Author(s):  
Ajay K Sharma ◽  
Dipa Dube
Keyword(s):  
Intellectual Property ◽  
Criminal Law ◽  
The United States ◽  
Public Interests ◽  
The Public ◽  
The United Kingdom ◽  
Private Rights ◽  
Future Work ◽  
Ip Law ◽  
Economic Crimes

Intellectual property (IP) law protects the private rights of owners, while criminal law secures the public interests, for harm to the society. In the present technology-driven society, magnitude of IP violations, particularly, in the form of counterfeiting, etc. affect the interests of the general public, calling for the application of criminal law to ensure stringent IP protection. The intersection of IP and criminal law remains controversial, yet significant, as it is in the interest of those in the field to examine the provisions beyond the scope of private right regime, as a public policy that can have a direct impact on public interests. This chapter analyses the intersection of criminal law and IP through a blend of exploratory and analytical methods. First, the authors situate the criminal law discussion in the domain of IP rights and examine how far the elements of crime may be identified in IP violations. Second, the concept of economic crimes as distinct from conventional crimes is discussed. In this regard, the laws of India, the United Kingdom (UK), and the United States (US) are examined, along with the most recent international developments, to show the trend towards criminal enforcement as the best possible protection for legitimate businesses and consumers. The chapter leaves much scope for future work whereby a balanced response to counter IP violations may be designed to benefit innovation and development.

scholarly journals Criminal law problems in determining the object of intellectual property crimes

2019 ◽  
pp. 110-118
Author(s):  
M. A. Zheludkov ◽  
V. N. Chernyshov ◽  
M. N. Kochetkova
Keyword(s):  
Information Technology ◽  
Intellectual Property ◽  
Public Relations ◽  
Criminal Law ◽  
Scientific Community ◽  
Rapid Development ◽  
Property Ownership ◽  
Conceptual Apparatus

Currently, due to the rapid development of information technology, there is an urgent need to protect public relations of property from crimes committed in the intellectual rights area. The absence of conceptual apparatus consolidated in laws or supported by the scientific community complicates determination of interrelations between the concepts of “property”, “ownership”, “intellectual property” and “right of ownership,” which subsequently determines the classification of acts as different objects of protection under criminal law. The article examines the complex of topical issues related to the protection against crimes in the field of intellectual property in Russia, the analysis of the ratio of crimes against property and crimes affecting intellectual property, the study of the features of the objects protected under criminal law.

scholarly journals DETERMINATION OF THE TIME OF CONTENTS UNDER DEFENSE IN THE TERM OF PURCHASED PUNISHMENT DEPENDING ON THE CONDITIONS OF INSULATION. CRITICAL THINKING OF CHANGES IN THE CRIMINAL LAW

2019 ◽  
pp. 37-39
Author(s):  
A.A. Zhiksembaev ◽  
Z.I. Sagitdinova
Keyword(s):  
Critical Thinking ◽  
Russian Federation ◽  
Criminal Law ◽  
Systematic Approach ◽  
Criminal Code ◽  
The Other ◽  
Principle Of Justice ◽  
The Russian Federation ◽  
The One

The paper presents the author's assessment of the latest novels of the criminal law in the field of offsetting the time of detention in the term of the sentence imposed. The attention is drawn to the incompatibility of several provisions of the Article 72 of the Criminal Code of the Russian Federation with the principle of justice, that is a consequence of the lack of a systematic approach to amending and supplementing the criminal law. On the one hand, the article 72 of the Criminal Code of the Russian Federation in the new edition improved the situation of convicted persons, but on the other hand, the recent changes and additions put a number of convicts in an unequal position.

Einziehung ohne Verurteilung?

2021 ◽  
Author(s):  
Bastian Heuer
Keyword(s):  
Criminal Law ◽  
Constitutional Law ◽  
German Law ◽  
Comparative Law ◽  
Legal Framework ◽  
Criminal Code ◽  
Legal Nature

As an interface between constitutional and criminal law, this work addresses the legal framework of non-conviction-based confiscation in German law. It focuses on the question of the constitutionality of independent confiscation under Sec. 76a (4) of the German Criminal Code. To give a profound answer on this question, its substantive and procedural characteristics, as well as a comparative law approach, are examined. Based on these results, the legal nature of the provision is determined. This is preceded by general considerations on the determination of the legal nature, taking into account constitutional principles. It is ultimately worked out that Sec. 76a (4) of the Criminal Code must be viewed critically from a constitutional law perspective.

scholarly journals The Meaning of the Sign “Knowingness” in Establishing Intent

2020 ◽  
Vol 16 (2) ◽  
pp. 74-81
Author(s):  
Andrey G. Ivanov
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Legal Concept ◽  
Special Part ◽  
Soviet Time ◽  
Category Knowledge ◽  
Definition Of ◽  
Criminal Legislation ◽  
The Relationship

The article, taking into account scientific opinions expressed by scientists at different times and the legislative definition of intent, analyses the characteristic “knowledge” which is used in many norms of the Special Part of the Criminal Code of the Russian Federation. The study emphasizes the relationship between the boundaries of the legislative formula of intent, in particular its intellectual element, and the legal concept under consideration, and on the example of some crimes. The limits of reliability and admissibility of knowledge of certain circumstances within the category “known” and their impact on awareness of public danger and anticipation of socially dangerous consequences are considered. Special attention is paid to the importance of this concept in the structure of the intentional form of guilt and this is done in comparison with the criminal legislation of the Soviet time. The role of the category “knowledge” in ensuring the principle of subjective imputation and compliance with the prohibition of objective imputation in the context of the abolition of this category from criminal law is discussed. In the operative part of the article, it was suggested that the topic should be applied in criminal law.

scholarly journals PROBATION PERIOD AS A MEANS OF IMPLEMENTING THE FUNCTIONS OF CONDITIONAL SENTENCE

2021 ◽  
Vol 31 (6) ◽  
pp. 1131-1135
Author(s):  
E.V. Medvedev
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Maximum Effect ◽  
Equal Opportunities ◽  
Conditional Sentence ◽  
The Status ◽  
Legal Position ◽  
Legal Consequences ◽  
Functional Purpose

The paper reveals the functional purpose of the norms regulating the procedure for establishing, extending and canceling the probation period on the grounds provided for in Article 74 of the Criminal Code, and determines their place in the mechanism for implementing the protective and restorative functions of criminal law. In the course of the study, the author comes to the conclusion that it is necessary to make a number of changes to this procedure, in particular, concerning the assessment of the grounds and determination of the legal consequences of the cancellation of probation as a result of the commission of an administrative offense by a conditionally convicted person, careless and intentional crimes, as well as violations of the requirements established for the behavior of a convicted person for the period of probation by a court verdict. At the same time, when designing the norms on probation, the legislator should proceed from the fact that the maximum effect of using this tool depends on the degree of integration of the convict's personality into a socially oriented environment, including in terms of correcting his value-semantic attitudes. It can be achieved if the probationer takes part in the life of society on an equal basis with its other representatives, being in the same social status and legal position with them, that is, in conditions of equal opportunities. Therefore, the longer a person is in the status of a convicted (albeit conditionally convicted) and a judged person, the further the prospect of full-fledged re-socialization will move away from him.

scholarly journals Calculation of the Amount of Damage Caused by Deliberate Bankruptcy (Article 196 of the Criminal Code of the Russian Federation)

2021 ◽  
Vol 1 ◽  
pp. 47-51
Author(s):  
Anna A. Korennaya ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Large Scale ◽  
Criminal Code ◽  
The Russian Federation ◽  
The Moment

The article discusses the issues of determining the amount of damage from premeditated bankruptcy in several aspects: 1) establishing the structure of damage 2) establishing the value 3) determination of the end of the crime by the moment of causing damage on a large scale. Based on the analysis of the doctrine of criminal law and the practice of applying Art. 196 of the Criminal Code of the Russian Federation, the author sets out his own conclusions, the use of which in law enforcement practice will minimize errors in the qualification of deliberate bankruptcies.

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