THEORETICAL AND METHODICAL PROBLEMS OF THE DEVELOPMENT OF THE VALUATION OF INTELLECTUAL PROPERTY RIGHTS

Point Of View ◽

Value Management ◽

Valuation Theory ◽

Property Identification ◽

Innovative Orientation ◽

State Enterprises ◽

The article summarizes theoretical and methodical problems related to the need to create a logical valuation theory and methodology of intellectual property, identification and valuation of intellectual property rights and its relation to accounting; the problem of methods of valuation of intellectual property rights within their subject characteris considered, as well as identification of the majority of intellectual resources that take part in production and contribute to the improvement of product quality, technological update, innovative orientation of economic processes; the need to strengthen the state policy of carrying out the valuation of intellectual property rights in relation to intangible assets within the objects of intellectual propertyrights (OIPRs) has been considered. The author analyzes the relationship to the value appraisal of OIPRs, which is most often done by using a narrow range of methods (approaches) within the generally recognized: income, cost and market (comparative) approaches, that affects the limitation of the selected methods of valuation, leads to a template use of valuation methodic without a variety of OIPRs that have specific features of their use. Also it is disclosed the meaningful meaning of the development of a single terminology and value classification, whichcan be carried out on the basis of synthesis of foreign experience in the field of valuation and value management, as well as the analysis of valuation standards.The problem became due to the OIPRs conducting of value appraisal of the advanced intellectual capital, that is complicated by the fact that by economic essence it does not belong to the traditional assets of the enterprise and has its own peculiarities. It is urgent to rethink existing standards on valuation and supplement them with new ones in the direction of minimizing fundamental contradictions between the traditional accounting methodology and the valuation of OIPRs, taking into account the peculiarities of the development of the information and intellectual economy. It is methodically detailed by the economic content the techniques used to determine the value of OIPRs, which are divided into three groups: approaches, methods and methodologies, from the point of view of economic content, conditions of application and valuation procedure, as well as requirements for the appraisal of the value of OIPRs in the privatization of state enterprises and organizations. The author considers the problems of organization of training of professional ppraisers in Ukraine taking into account the requirements of State Property Fund of Ukraine and their legal support.

IPR Law Protection and Enforcement and the Effect on Horizontal Productivity Spillovers from Inward FDI to Domestic Firms: A Meta-analysis

Management International Review ◽

10.1007/s11575-021-00443-0 ◽

2021 ◽

Author(s):

Danai Christopoulou ◽

Nikolaos Papageorgiadis ◽

Chengang Wang ◽

Georgios Magkonis

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Meta Analysis ◽

Host Countries ◽

Productivity Spillovers ◽

Domestic Firms ◽

The Relationship ◽

Positive Effect

AbstractWe study the role of the strength of Intellectual Property Rights (IPR) law protection and enforcement in influencing horizontal productivity spillovers from inward FDI to domestic firms in host countries. While most WTO countries adopted strong IPR legislation due to exogenous pressure resulting from the signing of the Trade-Related Aspects of IPR (TRIPS) agreement, public IPR enforcement strength continues to vary significantly between countries. We meta-analyse 49 studies and find that public IPR enforcement strength has a direct positive effect on horizontal productivity spillovers from inward FDI to domestic firms and a negative moderating effect on the relationship between IPR law protection strength and horizontal productivity spillovers from inward FDI to domestic firms.

THE RIGHT OF AUTHORSHIP ON A WORK

Agora International Journal of Juridical Sciences ◽

10.15837/aijjs.v8i1.937 ◽

2014 ◽

Vol 8 (1) ◽

pp. 155-160

Author(s):

Ciprian Raul Romiţan

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Moral Rights ◽

Economic Rights ◽

Natural Connection ◽

Artistic Work ◽

The Law ◽

The Right ◽

The moral rights represent the legal expression of the relationship between the workand its creator; they precede, survive and exert a permanent influence on the economic rights.Moral rights are independent of economic rights, the author of a work preserving these rightseven after the transfer of its property rights.The right to claim recognition as the author of the work, called in the doctrine as the"right of paternity of the work" is enshrined in art. 10 lit. b) of the law and it is based on theneed to respect the natural connection between the author and his work. The right toauthorship is the most important prerogative that constitutes intellectual property rights ingeneral and consists of recognizing the true author of a scientific, literary or artistic work.

32. Remedies in intellectual property litigation

Holyoak and Torremans Intellectual Property Law ◽

10.1093/he/9780198836452.003.0032 ◽

2019 ◽

pp. 640-674

Author(s):

Paul Torremans

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Essential Elements ◽

Traditional Remedies ◽

Civil Remedies ◽

Intellectual Property Infringement ◽

The Relationship ◽

Full Trial

This chapter discusses the enforcement procedures used in relation to intellectual property rights, the civil remedies that apply, and some issues which arise in relation to the gathering of evidence in intellectual property cases. It identifies three essential elements in the relationship between intellectual property rights and remedies. First, there are the traditional remedies headed by damages that are normally granted at the trial. Second, intellectual property infringement often requires immediate action or a pre-emptive strike. Finally, gathering evidence that is vital for the full trial in an infringement case.

Competition and Intellectual Property

The Antitrust Bulletin ◽

10.1177/0003603x17737156 ◽

2017 ◽

Vol 62 (4) ◽

pp. 726-736

Author(s):

Paulo Burnier da Silveira ◽

João Felipe Aranha Lacerda

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Competition Policy ◽

Field Of Study ◽

The relationship between competition policy and intellectual property has been largely analyzed by the specialized literature. Nonetheless, the competitive impact of the enforcement of intellectual property rights in aftermarkets is still a challenging field of study. This article discusses the interface between intellectual property and competition in light of a case concerning the Brazilian automobile aftermarket.

12. Licensing Agreements and other Agreements Involving Intellectual Property Rights

10.1093/law/9780198723424.003.0012 ◽

2016 ◽

Author(s):

Alison Jones ◽

Brenda Sufrin

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Trade Mark ◽

Transfer Block ◽

Eu Competition Law ◽

Eu Competition Policy ◽

Licensing Agreements ◽

Movement Rules ◽

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines some of the different types of intellectual property rights (IPRs) before outlining the relationship between intellectual property and both EU competition law and the EU free movement rules. It focuses, however, on IP licensing agreements and their treatment under Article 101. The chapter is organized as follows. Section 3 traces the development of EU competition policy to IP licensing agreements. Sections 4 and 5 examine the current Technology Transfer Block Exemption, Regulation 772/2004 (TTBER) and the Guidelines in detail (noting where significant changes might occur in 2014). Sections 6, 7, and 8 deal with trade mark licences, trade mark delimitation agreements, and copyright (other than software) licences not covered by the TTBER and Guidelines. Section 9 outlines issues arising in cases involving IPRs under Article 102, while Section 10 concludes.

Patent Pools: Intellectual Property Rights and Competition

The Open AIDS Journal ◽

10.2174/1874613601004020062 ◽

2010 ◽

Vol 4 (1) ◽

pp. 62-66 ◽

Cited By ~ 2

Author(s):

Victor Rodriguez

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Broad Context ◽

Patent Pools ◽

Patent Thickets ◽

Patent pools do not correct all problems associated with patent thickets. In this respect, patent pools might not stop the outsider problem from striking pools. Moreover, patent pools can be expensive to negotiate, can exclude patent holders with smaller numbers of patents or enable a group of major players to form a cartel that excludes new competitors. For all the above reasons, patent pools are subject to regulatory clearance because they could result in a monopoly. The aim of this article is to present the relationship between patents and competition in a broad context.

The importance of financial resources and ownership of intellectual property rights for university spin-offs: the cases of Finland and Sweden

Journal of Small Business and Enterprise Development ◽

10.1108/jsbed-09-2019-0308 ◽

2020 ◽

Vol 27 (7) ◽

pp. 1125-1147

Author(s):

Ignat Kulkov ◽

Björn Berggren ◽

Kent Eriksson ◽

Magnus Hellström ◽

Kim Wikstrom

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Design Methodology ◽

Point Of View ◽

Financial Resources ◽

Content Type ◽

Small Countries ◽

Group Interviews ◽

Validation Stage

PurposeThis paper focuses on medical device university spin-offs (USOs), taking into account the peculiarities of financial and nonfinancial support and intellectual property rights (IPRs). The authors declare that these parameters play a significant role in business development at the early stages.Design/methodology/approachThis empirical data consist of individual and group interviews in Finland and Sweden, which are later inductively analyzed.FindingsThe results show that public financial support contributes to the formation and start of sales stages in small countries and local markets. However, at the validation stage, approaches for supporting entrepreneurship in the field of medical devices may differ. The ownership of IPRs assists in the development of entrepreneurship in the region due to the transfer of research results and researchers to the industry and increases the number of spin-offs and the cooperation of universities with business.Originality/valueThis contribution is in the identification of the key parameters for the formation, support and development of the USOs from the point of view of the availability of financial resources and the ownership of IPRs.

Intellectual Property Rights: Institutional Approach

Upravlenie ◽

10.12737/18796 ◽

2016 ◽

Vol 4 (1) ◽

pp. 74-78

Author(s):

Рогожин ◽

S. Rogozhin ◽

Сазанова ◽

S. Sazanova

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Institutional Economics ◽

Legal Theory ◽

Point Of View ◽

Institutional Approach ◽

Points Of View

The authors consider the intellectual property rights from two points of view: legal theory and institutional economical theory. Contents of “intellectual property” and “intellectual rights” concepts have been revealed in this paper, and the necessity of their study has been justified not only from the legal point of view, but also from the economic one. The authors emphasize that the institutional economics in general and the economic theory of property rights, in particular, have a great potential in the study both of theoretical and practical aspects related to intellectual rights. According to the authors, it is the institutional approach which will create an effective legislation in this area.

Penerapan Pasal 68 Ayat 1 Jo Pasal 4 Dan 6 Undang-Undang No.15 Tahun 2001 Dalam Penyelesaian Sengketa Merek Kok Tong Kopitiam pada Putusan No. 05/Merek/2010/PN.Niaga Medan

Jurnal Ilmiah Penegakan Hukum ◽

10.31289/jiph.v4i2.1953 ◽

2019 ◽

Vol 4 (2) ◽

pp. 44

Author(s):

Desriyana Desriyana ◽

H.A. Lawali Hasibuan

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Dispute Resolution ◽

Free Trade ◽

Human Thought ◽

Positive Law ◽

Intellectual Abilities ◽

Article 5 ◽

<p class="JudulAbstrakInggris"><em>Application of Article 68 Paragraph 1 Jo Article 4 and 6 of Law No. 15 of 2001 in Brand Dispute Resolution Kok Tong Kopitiam of Decision No. 05 / Merek / 2010 / PN.Niaga Medan</em></p><p class="JudulAbstrakInggris">Abstract</p><h1>Brands are the result of human thought and intelligence which can take the form of discovery. Brands are used as a differentiator between products produced by a person or legal entity with products produced by other parties. The current journey to free trade, aspects of intellectual property rights, will play a very important role in national and international trade. Intellectual property rights are rights that arise or are born due to human intellectual abilities in the form of findings, works, creations or creations in the field of technology, science, art and literature. Based on Article 68 paragraph (1) of Law Number 15 of 2001 which states that "Brand cancellation claims can be filed by interested parties based on the reasons referred to in Article 4, Article 5, and Article 6. This type of research is normative juridical namely research which is focused on reviewing the application or rules or norms in positive law. The nature of this research is analytical descriptive, which carefully describes the characteristics of the facts to determine the frequency of something that happens. The purpose of this study was to find out the judge's consideration in resolving the dispute over the Kong Tong Kopi Tiam brand and to find out the relationship between Article 68 paragraph (1) Jo. Articles 4 and 6 of Law Number 15 of 2001 in the resolution of the Kok Tong Kopi Tiam brand dispute.</h1>

THE MODERN VISION OF THE SYSTEM OF INTELLECTUAL PROPERTY RIGHTS IN UKRAINE

Law Journal of Donbass ◽

10.32366/2523-4269-2021-75-2-52-59 ◽

2021 ◽

Vol 75 (2) ◽

pp. 52-59

Author(s):

Victoria Shekhovtsova ◽

Keyword(s):

Intellectual Property ◽

Property Rights ◽

The State ◽

Point Of View ◽

Property Right ◽

Intellectual Property Right ◽

Creative Activity ◽

The Right ◽

Intellectual Potential

The article is devoted to the research of the intellectual property rights system in Ukraine. Intellectual property is the result of the creative activity of any person or group of people. The author studied the categories «intellectual property» and «intellectual property right», investigated the principles of intellectual property and the system of intellectual property rights of Ukraine. In Roman law, there was the term «property», because the «property right» in its classical meaning was formed in Rome, and related to private relationships. Intellectual property is the property of a person that arose as a result of her creativity. However, for our Ukrainian legislation, the expression «intellectual property» is «terra incognita». Yes, intellectual property is studied by such branch legal sciences as: civil law, administrative law, international law, and others. Formed the State Service of Intellectual Property, but the organization of the state system of legal protection of intellectual property, in our difficult times, wants a better one. In the legal literature on intellectual property issues various definitions of «intellectual property right» are given. From a subjective point of view – this is a subjective right, and from an objective point of view – a civil law institute, a set of legal norms that regulate relations in the system of creation and protection of intellectual property. Man, his freedom and rights are the most important value of evolutionary development of society, which manifests itself in the growth of the intellectual potential of the population of each country. Only man possesses intelligence, creative potential and creative abilities. In addition to it, on earth, no living creature can create. Creative activity is the most important aspect of human life, which allows you to convey your talent to society. The consequence of this activity is something new, unique, unique and original. The accumulated products of the human mind are the heritage of the nation, which determine its further development.The Constitution of Ukraine guarantees to the citizens of the state freedom of scientific, artistic, literary and technical creativity, protection of intellectual property rights, moral and material interests arising in connection with various types of intellectual activity. Every citizen has the right to the results of his intellectual, creative activity; no one can use or distribute them without his consent, with the exception of the statutory provisions. The intellectual potential of the nation, in the form of improving education, production, culture, science and technology, needs constant support from our state. The Civil Code of Ukraine for the first time in our national legislation was given a formal definition of the right of intellectual property, as the rights of the individual to the result of intellectual, creative activity or other object of intellectual property rights.