scholarly journals LEGAL PROTECTION OF GEOGRAPHICAL INDICATIONS: NOVELTIES UNDER THE LEGISLATION OF UKRAINE

2020 ◽  
Author(s):  
Анатолій Кодинець ◽  
Анастасія Сідоренко
Keyword(s):  
Intellectual Property ◽  
Legal Protection ◽  
Geographical Indications ◽  
Geographical Indication ◽  
The European Union ◽  
Industrial Property ◽  
Association Agreement ◽  
The Law ◽  
Indication Of Origin ◽  
The Eu

The article deals with the features of legal protection of geographical indications in Ukraine. The basic international acts protecting geographical indications in Ukraine are outlined, including the Paris Convention for the Protection of Industrial Property of 1883, the Agreement on Trade-Related Aspects of Intellectual Property Rights in 1994. (TRIPS Agreement), which operates within the framework of the World Trade Organization and extends to goods originating in the Parties to the Agreement, Madrid Agreement 1891. and the Lisbon Agreement on the Protection of Designations of Origin and their  International Registration in 1958, (Ukraine is not a party to the last two agreements). It also outlines the main national legal acts that protect this object of intellectual property, including the Civil Code of Ukraine, the Law of Ukraine «On the Legal Protection of GeographicalIndications», the Law of Ukraine «On Protection against Unfair Competition» and others. The purpose of the study is to analyze changes in the legislation on the legal protection of geographical indications, which came into force on January 1, 2020 andbecame one of the ways to adapt the acts of national legislation to the law of the European Union in accordance with the commitments made by Ukraine after signing theAssociation Agreement with EU. These include changing the name of a special law that protects geographical indications. In addition, the change in terminology, the replacement of the term «indication of origin of goods» and its components by the term «geographical indication». The new also provides legal protection with homonymousgeographical indications; submitting an application for a geographical indication in electronic form, and at the same time providing a product specification and a description of its basic provisions. The article also addresses issues that remain unresolved, a large number of European geographical indications protected under the EU Association  Agreement and a very small number of registered geographical indications originating from the territory of Ukraine and the prospects of protecting national geographical indications in Ukraine and beyond.

scholarly journals The series of trademarks: theory, legislation, law enforcement

2021 ◽  
pp. 45-53
Author(s):  
Nataliia Myronenko
Keyword(s):  
Law Enforcement ◽  
Intellectual Property ◽  
Legal Protection ◽  
Property Law ◽  
The European Union ◽  
Association Agreement ◽  
Intellectual Property Law ◽  
Goods And Services ◽  
European Court ◽  
Ip Law

Key words: trademark, series of signs, dominant element, originality, resolution The article, based on the analysis of the doctrine of intellectual property law,legislation of Ukraine, law enforcement practice, examines the state and prospects ofproviding legal protection of a series of trademarks. To overcome the existing gap inthe legislation of Ukraine, the need to amend the Law of Ukraine «On Protection ofRights to Marks for Goods and Services» is justified. It is proposed to define «a seriesof marks as a set of trademarks belonging to one owner of interdependent rights, interconnected by the presence of the same dominant verbal, figurative or combined element,having phonetic and semantic similarity, and may also bear minor graphic differencesthat do not change the essence of the trademarks. The lack of definition ofthe term «dominant element» in the legislation is emphasized. Based on the provisionsof the philosophy and doctrine of intellectual property law, the dominant elementmeans the smallest indivisible component of the trademark, which is originaland not descriptive. Based on this, its main features are distinguished: originalityand indivisibility.It is proved that the same position of the dominant element in the structure of allsigns is necessary to create a stable image of consumers in relation to a particularproduct and its manufacturer. Examples of court decisions on recognition or refusal toprovide legal protection to trademarks are given.In the context of reforming the legislation of Ukraine in terms of its approximation toEU legislation and the development of relevant case law, which must meet Europeanstandards, the expediency of using the legal positions of such a leading democratic courtas the European Court of Justice is justified. Attention is drawn to the fact that the decisionof the ECJ is not a source of law for resolving disputes of this category by the courtsof Ukraine. At the same time, they are a source of harmonious interpretation of the nationallegislation of Ukraine in accordance with the established standards of the legalsystem of the European Union. It is proved that this conclusion is consistent with thepurpose and objectives to be solved in the country in the process of implementing the provisionsof the Association Agreement in the legislation of Ukraine. Proposals are formulatedto improve the quality of legislation in the field of IP law.

scholarly journals Industrial Intellectual Property as the EU’s Innovative Development Factor

2021 ◽  
Vol 104 (4) ◽  
pp. 107-118
Author(s):  
Darya Soldatenko ◽  
Keyword(s):  
Intellectual Property ◽  
Innovation Policy ◽  
High Tech ◽  
Successful Implementation ◽  
The European Union ◽  
Industrial Property ◽  
Eu Member States ◽  
Development Factor ◽  
Trademark Protection ◽  
The Eu

The article addresses correlation between the use of different intellectual property objects and the general goals of innovation policy of the EU. The subject of the research is industrial intellectual property along with trademarks and patents for inventions. The research period is limited to 2010‒2019. Based on the data from annual European innovation board and analysis of the dynamics of the activity of the EU member states in the field of intellectual property, the author identifies a group of EU countries that have the biggest potential in the use of the stipulated industrial property. It is show that trademark protection is mostly used in the medium and high-tech industries of the sample countries. However, there is a certain differentiation in the scale and dynamics of its application. Moreover, the author points out a high interest of the third countries such as USA, Japan and China in obtaining competitive advantages in the EU market through registration of a trademark in the European Union intellectual property office. The unified patent system in the EU is still at the preliminary stage as the most used national patent systems within the EU are the German and the French ones. The analysis demonstrates advantages of intellectual property systems in the Netherlands and Sweden. The author concludes that the successful implementation of the EU innovation policy through the creation of a system of exclusive industrial property rights is under way.

scholarly journals СONFUSING SIMILARITY BETWEEN THE TRADEMARK AND GEOGRAPHICAL INDICATION AS GROUND FOR REFUSAL OF REGISTRATION OF THE MARK: UKRAINE AND THE EU

2020 ◽  
Author(s):  
N. Badora
Keyword(s):  
European Union ◽  
Geographical Indications ◽  
Geographical Indication ◽  
The European Union ◽  
European Legislation ◽  
Trademark Protection ◽  
Legal Structures ◽  
Similarities And Differences ◽  
The Eu

The criterion of confusing similarity between the trademark and geographical indication as ground for refusal of registration of the mark in accordance with the legislation of Ukraine and the European Union has been studied. The degree of implementation of the norms of legislative acts in the field of trademark protection and protection of geographical indications in the Ukrainian legislation in the framework of cooperation of Ukraine with the European Union has been determined. The conclusions about the peculiarities of legal structures, similarities and differences between Ukrainian and European legislation in the context of defining the criterion of confusing similarity as ground for refusal of registration of a trademark have been made. The directions of a possible further study of the problematic of the article, taking into account the Ukrainian and European normative acts, aimed at protection of both trademarks and geographical indications as means of individualization, have been determined.

scholarly journals Perlindungan Hukum Terhadap Produk Indikasi Geografis dari Tindakan Peniruan

2019 ◽  
Vol 8 (1) ◽  
pp. 49
Author(s):  
Anak Agung Ngurah Tresna Adnyana
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Research Method ◽  
Legal Protection ◽  
Trips Agreement ◽  
Geographical Indications ◽  
Geographical Indication ◽  
Legal Certainty ◽  
Empirical Law

Legal protection of Geographical Indications is necessary to determine whether there are communal or collective people. The communal community character means to belong to the community in the registered Geographical Indication area. This study aims to analyze legal certainty as well as the legal protection of product geographical indications of imitation actions. This research uses empirical law research method. In this case, the authors find that the TRIPs Agreement (Trade-related aspects of Intellectual Property Rights) and the act no 20 of 2016 concerning Trademarks and Geographical Indications are terms used to register. Perlindungan hukum terhadap Indikasi Geografis sangat perlu di perhatikan karena karakter kepemilikannya yang kolektif atau komunal. Karakter kepemilikan yang komunal memiliki arti menjadi milik bersama semua masyarakat dalam wilayah Indikasi Geografis yang telah didaftarkan. Penelitian ini bertujuan untuk menganalisis kepastian hukum serta perlindungan hukum produk indikasi geografis dari tindakan peniruan. Dalam penelitian ini metode yang digunakan adalah metode penelitian hukum empiris dengan menggunakan pendekatan perundang-undangan. Dalam penelitian ini penulis menemukan bahwa TRIPs Agreement (Trade Related aspects of Intellectual Property Rights) dan Undang-Undang 20 Tahun 2016 Tentang Merek Dan Indikasi Geografis mengatur secara khusus perlindungan bagi produk indikasi geografis yang telah didaftarkan.

scholarly journals Legal Frame of Agricultural Land Succession and Acquisition by Legal Persons in Serbia

2021 ◽  
Vol 16 (30) ◽  
pp. 59-73
Author(s):  
Attila Dudás
Keyword(s):  
Agricultural Production ◽  
Opposite Effect ◽  
Agricultural Land ◽  
The European Union ◽  
Association Agreement ◽  
National Assembly ◽  
Legal Restrictions ◽  
The Law ◽  
The Eu ◽  
Legal Entities

The rules on the succession and transfer of agricultural land in Serbia may be characterised as liberalistic. There are no special inheritance regimes applicable specifically to the succession of agricultural land. There is only the possibility of an heir, engaged in agricultural production, to request that the court name him the sole heir of the agricultural land, with the obligation to compensate others. Similarly, the transfer of agricultural land by inter vivos transaction is also essentially devoid of any serious legal restrictions, either for natural persons or for legal entities. There is no cap on the acquisition of ownership, nor must the buyer prove that he or she is, in fact, engaged in agricultural production. Serbian law excludes the possibility of foreign persons or legal entities acquiring ownership of agricultural land. According to the Stabilisation and Association Agreement concluded with the European Union, it was expected that Serbia would gradually enable natural persons and legal entities from the member states of the EU to acquire ownership of agricultural land by no later than 1 September 2017 when the four-year period for the implementation of this obligation expired. Seemingly, in order to fulfil the obligation, the Serbian National Assembly amended the Law on Agricultural Land in August 2017. The amendments explicitly regulate under which conditions natural persons and legal entities from the EU may acquire ownership of agricultural land. However, even a superficial reading of the new regulation reveals that the opposite effect has been achieved. Instead of enabling natural persons and legal entities from the EU to obtain ownership of agricultural land on equal footing with domestic natural persons and legal entities, the legislature created a set of special conditions applicable only to the former but not to the latter. Moreover, the conditions are so strict that no legal entity could meet them, while natural persons only hypothetically could, if at all. Therefore, it seems that the 2017 amendments to the Law on Agricultural Land hardly aimed to implement the Stabilisation and Association Agreement.

scholarly journals The scope of criminal liability for misappropriation of authorship in EU countries: comparative analysis

2020 ◽  
pp. 192-217
Author(s):  
Ramunė Steponavičiūtė
Keyword(s):  
Intellectual Property ◽  
Criminal Liability ◽  
Legal Protection ◽  
Modern Society ◽  
Cultural Development ◽  
The European Union ◽  
Ways Of Coping ◽  
Eu Countries ◽  
The World ◽  
The Eu

Intellectual property legal protection is undoubtedly one of the most important factors and conditions of effective economic, social and cultural development in modern society. According to researchers, absolute majority of countries in the world have set criminal liability for certain crimes against intellectual property rights, including all of the European Union (hereinafter – EU) countries. One of those crimes is misappropriation of authorship. Yet the criminal laws of EU countries criminalise misappropriation of authorship very differently - some protect not only author rights but also related rights, the conditions for criminal liability in the general corpus delicti are of a very different scope as well as the punishments for those crimes differ significantly. This analysis will present the scope of criminal liability in all the EU countries, including the reasons why, as well as will try to find the answer whether ways of coping with these difficulties exist.

scholarly journals NEW INSTITUTE OF INTELLECTUAL PROPERTY LAW IN UKRAINE — UNREGISTERED INDUSTRIAL DESING

2020 ◽  
Author(s):  
Олександр Дорошенко ◽  
Людмила Работягова
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Industrial Design ◽  
Legal Protection ◽  
Legal Regulation ◽  
Community Design ◽  
Property Law ◽  
The European Union ◽  
Design Protection ◽  
The Eu

The article discusses the main provisions of the institution of intellectual property law — an unregistered industrial design, which was introduced into the legislation of Ukraine through the implementation of the provisions of Art. 212–217 Chapter 9 «Intellectual Property» ofthe Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand, and harmonization with the norms of Directive 98/71/EC of the European Parliament and of the Council of 13 October 1998 on the legal protection of designs and Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs.The authors analyzed the main features of the legal protection of industrial designs as unregistered industrial designs, namely: without registration for a short period of time, with a limited scope of rights. The legal regulation of the protection of an unregistered industrial design in Ukraine is similar to the legal regulation of an unregistered industrialdesign of the Community and has the same advantages and  disadvantages.Since the Community Design Regulation came into force, one important question has always lingered: can a design which is first disclosed outside the EU territory be protected by an unregistered Community design right when it is subsequently disclosed within the EU? The UK court’s recent reference to the Court of Justice of the European Union may finally will answer this question. The same question arises in relation to an unregistered industrial design in accordance with the new legislation ofUkraine and requires further clarification in law enforcement practice.Of equal interest is a date for assessing the novelty of a design. Is the date for assessing the novelty of a design for which unregistered Community design protection is the date on which the unregistered Community design protection for the design came into being according to the Regulation, or alternatively the date on which the relevantevent of disclosure of the design could reasonably have become known in the normal course of business to the circles specialized in the sector concerned, operating within the Community, or alternatively some other, and if so, which date?

scholarly journals Tendencies in the transformation of the legal foundations of European integration of Ukraine at the present stage

2020 ◽  
pp. 66-70
Author(s):  
Oleksandr Perederii
Keyword(s):  
European Integration ◽  
Social Relations ◽  
Legal Protection ◽  
Legal Regulation ◽  
The State ◽  
Social Regulation ◽  
The European Union ◽  
Present Stage ◽  
Association Agreement ◽  
The Eu

The article presents and reveals the main tendencies of transformation of the legislative foundations of European integration of Ukraine at the present stage of state formation. While analyzing the problems of implementation of the Association Agreement between Ukraine and the European Union, the author highlights and reveals the content of three main tendencies that are characteristic for the development of the legislative basis of the European integration policy. In particular, the expanding of the current Constitution of Ukraine with the rules on the irreversibility of the European integration course, updating of normative documents regulating the planned character and gradual implementation of the provisions of the Association Agreement, amending the current version of the Association Agreement in order to update its provisions.  The attention is drawn to the fact that the modification of the legislative foundations of Ukraine's European integration course is an important political and legal factor for the transformation of not only the system of the legal system of the state in the formal sense, but also of the legal consciousness of the broad masses of the population. This is explained by the phenomenon of the action of so-called «future law». In practical terms, such a phenomenon manifests itself in the fact that in the society on the mental level there is an increasing level of expectations from the state to activate pro-European policy, further reforming of the national law in the direction of implementation of European models of social regulation. Accordingly, there is an impact on the minds of people by "future norms of law", which are designed to regulate social relations, which are just beginning to emerge.           Further priorities of expanding the legislative foundations of Ukraine's European integration are outlined. In particular, it is the optimization of the mechanism of substantial realization of European integration transformations in the practice of national state administration, as well as the preparation of legislative support to overcome the global political risks and economic threats that may occur in connection with the implementation of the Association Agreement. First of all, Ukraine should develop and accumulate the practice of applying the legislation in the sphere of increasing the investment attractiveness of Ukraine, guaranteeing the legal protection of foreign investments, adjusting the national manufacturing sector of Ukraine to the EU requirements, harmonizing the national model of legal regulation of the labor market with the EU, enhancing the institutional focus of the Ukrainian authorities to implement the EU Directives.

scholarly journals Legal and politological aspects of competition in Bosnia and Herzegovina as a paradigm of the European integration process

2020 ◽  
Vol 1 (14) ◽  
pp. 55-68
Author(s):  
Kanita Imamović-Čizmić ◽  
Samir Sabljica
Keyword(s):  
European Union ◽  
Bosnia And Herzegovina ◽  
Market Competition ◽  
Regulatory Body ◽  
The European Union ◽  
Integration Process ◽  
Association Agreement ◽  
Legal Standards ◽  
The Law ◽  
The Eu

As a country in transition and development, committed to the path towards membership in the European Union, Bosnia and Herzegovina encounters many challenges and obstacles in terms of fulfilling the tasks set before it. Quite complicated governmental and legal arrangement determines the pace of achieving the tasks that are prerequisites for the European Union membership status. By signing the Stabilisation and Association Agreement, Bosnia and Herzegovina assumed the obligation to gradually harmonise the national legislation with the EU legislation in the most important areas related to the internal market. In this context, one of highly important ones is the area of competition law. This paper analyses the quality of solutions provided by the normative and institutional framework of the market competition protection in Bosnia and Herzegovina by using the normative, historical, comparative, and content analysis methods. Basic features of the Stabilisation and Association Agreement between Bosnia and Herzegovina and the EU are presented through a chronological summary of the integration process of BiH into the EU. The primary hypothesis of the paper is that recent legal solutions in the area of competition do not follow the current legal standards of the competition regulations in the EU. Analytical overview of annual reports on the operation of the Council of Competition as regulatory body in Bosnia and Herzegovina shows that competition is a typical example of the ‘crawling’ integration of Bosnia and Herzegovina to the EU. It is quite obvious that the lack of political will of the ruling structures slows the integration processes down. This area requires an efficient enforcement of competition regulations whose implementation enables the companies to act in line with the law. Without adequate and prompt amending of the Law on Competition and related by-laws there can be no positive evaluation of the European Commission concerning the progress of Bosnia and Herzegovina.   

scholarly journals PERLINDUNGAN HUKUM INDIKASI GEOGRAFIS ATAS MEREK KOPI TORAJA DAN KOPI GAYO YANG DIDAFTARKAN OLEH NEGARA LAIN

2019 ◽  
Vol 2 (1) ◽  
pp. 35-49
Author(s):  
Ayu Kumala Sari Hamidi ◽  
Iyah Faniyah
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Descriptive Analysis ◽  
Legal Protection ◽  
Secondary Data ◽  
Director General ◽  
Geographical Indications ◽  
Geographical Indication ◽  
Library Studies

The existence of IPR, especially Geographical Indications and Brands, is the basis of policy making in the world of Trade. Indonesia is a country that is rich in potential Geographical Indication products and then Law No. 20 of 2016 concerning Geographical Indications and brands for National Regulations and in TRIPS as International Arrangements. but there are still violations of cases regarding Geographical Indications and Trademarks and occur in Toraja coffee and Gayo coffee. The formulation of the problem in this research is how is the trademark legal law for Geographical Indications in the case of Toraja coffee and Gayo coffee registered by other countries? How is the legal settlement of the Violation of Brand Geographical Indications carried out by other Countries against Toraja coffee and Gayo coffee?The specification of this study is Descriptive Analysis. The approach is a normative juridical approach using secondary data obtained through library studies. The data is then analyzed qualitatively and presented in a qualitative descriptive form. Based on the results of research and analysis, answers can be obtained: 1) Legal protection against Toraja coffee and Gayo coffee registered by other countries, namely by registering the trademark to the Director General of Intellectual Property Rights and after obtaining a Geographical Indication certificate from the Director General of Intellectual Property Rights, the geographical indication of a product's brand it gets strong protection. 2) Legal settlement of brand violations and geographical indications of the brand of Toraja coffee and Gayo coffee are litigation methods carried out through the Commercial Court institution, for Toraja Coffee to be carried out at the Ujung Pandang Commercial Court and Gayo Coffee at the Medan Commercial Court.

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