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?

LEGAL PROTECTION OF INDUSTRIAL DESIGN IN AZERBAIJAN AND EUROPEAN UNION

2021 ◽  
Vol 65 (04) ◽  
pp. 174-177
Author(s):  
Gunay Mustafa Mammadova Gunay Mustafa Mammadova ◽  
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Key Words ◽  
Industrial Design ◽  
Legal Protection ◽  
Legal Regulation ◽  
The European Union ◽  
Wide Range ◽  
Design Protection ◽  
Product Industry

Industrial design plays an important role in the field of intellectual property. There is no doubt that design is crucial to the success of a product. For this reason, companies use intellectual property laws to protect industrial design. This article covers one of the most important areas of intellectual property, legal protection of industrial designs, legal regulation of industrial design in Azerbaijan and the European Union. There should be accessible, modern and effective legal protections for design rights to encourage manufacturers to invest in designs. There is currently a wide range of legal tools available to protect designs at the national and European Union levels. Key words: industrial design, intellectual propert law, design protection, product, industry

scholarly journals Unregistered industrial design in the fashion industry

2021 ◽  
pp. 11-18
Author(s):  
Nina Samolovova
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Industrial Design ◽  
Legal Protection ◽  
Legal Regulation ◽  
Community Design ◽  
Fashion Industry ◽  
Individual Character ◽  
The Law ◽  
The Eu

Key words: industrial design, intellectual property, unregistered Community design,novelty, individual character In order to harmonize legal relations in the field of intellectual property with the EU memberstates, a new Law “On the Protection of Rights to Industrial Designs” entered intoforce in Ukraine, in which a new term appears — an unregistered industrial design (un-RID) similar to the unregistered Community design (UCD). Thus, together with the registeredindustrial design, the information about which is entered in the Register and forwhich the Certificate was issued, the term of property rights of which is valid for 5 yearsfrom the date of filing the application with the Institution and can be extended, if necessary,up to 25 years, now there is a new one in the Law — an un-RID, the term of legalprotection of which is 3 years from the date of its bringing to the general knowledge onthe territory of Ukraine. The law provides for the same legal regulation for the protectionof registered and unregistered industrial designs.The legal protection granted to registered and un-RIDs has a lot in common. Themain differences between an un-RID and a registered industrial design are the absenceof formal requirements for acquiring rights, a short term of protection, and alimited scope of rights granted to the owner of an un-RID. Since an un-RID is a newinstitution of intellectual property law for Ukraine, the article discusses options forsolving these issues in practice in the member states of the European Union. The articleprovides examples of decisions of the EU courts related to the protection of un-RIDs in the fashion industry. It follows from the practice of national courts that themost relevant un-RIDs are in industries that offer products that are in demand for ashort-term, do not require significant costs and a complex registration procedure,therefore they are relevant to design solutions in the fashion, jewellery and accessoriesindustry. The article also analyses the state of protection of intellectual propertyrights in the fashion industry in Ukraine. In Ukraine, with the introduction of anew institute of intellectual property rights, designers have great new opportunitiesto protect their collections from copying and other violations.

scholarly journals The resemblance, differences, and correlation between trademark and industrial design

2021 ◽  
Vol 59 (2) ◽  
pp. 161-176
Author(s):  
Nikola Milosavljević
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Scientific Method ◽  
Industrial Design ◽  
Legal Protection ◽  
The European Union ◽  
Design Protection

The changes that have occurred in the European Union design protection law have essentially modified the very notion of industrial design, and the function that it has on the market became more emphasized. Therefore, the nature of the industrial design became more similar to the nature of the trademark, which makes it possible for us to analyse their correlation. In the following paper the author examines the definition and the nature of industrial design using the comparative and historical scientific method. Then he compares the industrial design to a trademark by examining resemblance, differences, and overlap regarding the legal protection of these intellectual property rights. The purpose of such a paper is to make conclusion about the polyvalent nature of industrial design and explore if there are some functions of industrial design in the market that have not been attributed to it so far.

Introduction

2019 ◽  
pp. 1-4
Author(s):  
Eleonora Rosati
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
The Other ◽  
Property Law ◽  
The European Union ◽  
Copyright Policy ◽  
Eu Member States ◽  
The Past ◽  
The One ◽  
The Eu

Compared to other areas of intervention at the European Union (EU) level, copyright harmonization is a relatively recent phenomenon. Compared to other areas of intellectual property law, copyright harmonization has not been as complete as with other rights. Yet, two phenomena may be observed: one the one hand, copyright policy and legislative initiatives have intensified over the past few years; on the other hand, the large number of references to the Court of Justice of the European Union (CJEU) has substantially shaped the EU copyright framework and, with it, also the copyright framework of individual EU Member States....

scholarly journals Some aspects of establishing the conformity of an industrial design to the criteria for protection

2021 ◽  
pp. 27-38
Author(s):  
Oleksandr Doroshenko ◽  
Liudmyla Rabotiahova
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Industrial Design ◽  
Legal Protection ◽  
Step Test ◽  
The Internet ◽  
The European Union ◽  
Administrative Procedure ◽  
Individual Character ◽  
The Law

Keywords: registered industrial designs, novelty, individual character, administrativeprocedure, invalidity The new edition of the Law of Ukraine «On the Protection of Rights to Industrial Designs» No. 3770-XII,adopted on October 14, 2020, introduced significant changes to the regulation of thelegal protection of industrial designs. The basic norms of the law were harmonizedwith the articles 212−217 Chapter 9 «Intellectual Property» of the Association Agreementbetween Ukraine, on the one hand, and the European Union, the EuropeanAtomic Energy Community and their Member States, on the other hand. The conceptsof «individual character», «the overall impression», «the informed user» and «thedegree of freedom of the designer», «the circles specializing in the relevant industry»have been introduced into the sphere of legal protection. These concepts were not previouslyused in the legislation of Ukraine. The article analyzes the content of theseconcepts on the basis of European law enforcement practice, Decision of the EuropeanUnion Intellectual Property Office Board of Appeal, Judgment of the Court of Justiceof the European Union и Judgment of the General Court of the European Union. Inaccordance with the new edition of the Law, an industrial design can be declared invalidin an administrative procedure. Authors reviewed the administrative procedure for establishing the conformity of a registered industrial design to the criteria for protection(a novelty and an individual character). A registered industrial design shall beconsidered to be new, if no identical design has been previously disclosed to the publicand to have an individual character if the overall impression it produces on the informeduser differs from the overall impression produced on such a user by any previouslydisclosed design. A design shall be deemed to have been made available to thepublic (i) if it has been published following registration or otherwise, or exhibited,used in trade or otherwise disclosed, (ii) except where these events could not reasonablyhave become known in the normal course of business to the circles specializing inthe relevant industry in Ukraine. Authors analyzed this two-step test. Particular attentionwas paid to the disclosure of industrial designs as a trade mark, copyrightwork, patent, utility model or otherwise on the Internet. Criteria for assessing disclosureof designs on the internet considered.

scholarly journals Intellectual Property in Slovakia in the Light of the Present Legal Regulation

2015 ◽  
Vol 3 (2) ◽  
pp. 68-78
Author(s):  
Jarmila Lazíková
Keyword(s):  
Intellectual Property ◽  
National Level ◽  
Legal Protection ◽  
Legal Regulation ◽  
Property Law ◽  
Legal Regulations ◽  
The European Union ◽  
Intellectual Property Law ◽  
Law Of Succession ◽  
Intellectual Activities

AbstractThe Civil Law of Slovakia includes more sub-branches of the private law, such as family law, obligation law, property law, law of succession and intellectual property law. The intellectual property law is regulated outside the Civil Code, in special codes and laws. The intellectual property law is one of them. The intellectual property law provides legal protection to various intangible assets which are the results of the creative intellectual activities of individuals. The paper analyses selected legal institutions of the intellectual property law and tries to systematise legal regulations related to the intellectual property on the national level, the level of the European Union as well as international level.

scholarly journals Protection of Design in the Textile Industry in Order to Improve the Economic Aspect of Sustainable Development of Serbia—Comparative Overview of the Laws of the European Union and Croatia

2019 ◽  
Vol 11 (7) ◽  
pp. 2126
Author(s):  
Nadežda Ljubojev ◽  
Marijana Dukić-Mijatović ◽  
Mila Zakin Kavalić ◽  
Sanja Stanisavljev ◽  
Mirjana Cvijić
Keyword(s):  
European Union ◽  
Textile Industry ◽  
Industrial Design ◽  
Fashion Industry ◽  
The European Union ◽  
Industrial Property ◽  
Dynamic Design ◽  
Public Design ◽  
Design Protection ◽  
The Eu

The authors analyze the protection of industrial design in Serbia, with a comparative overview of the rights of the European Union (EU) and Croatia in industrial property law. In addition to the protection of registered design, the protection of unregistered design within the framework of industrial design rights is characteristic of the EU. The unregistered design is acquired without a formal registration procedure, an appropriate disclosure of public design in the EU area. Based on analogy, an initial premise can be established, whereby, after Serbia’s entering into the EU, as well as after joining the EU, physical and legal persons from Serbia will have at their disposal several different forms of industrial design protection and unregistered community design. This form of design protection can be significant for the fashion industry in Serbia characterized by a constant dynamic design change.

GENESIS OF LEGAL PROTECTION OF INTELLECTUAL PROPERTY IN THE EUROPEAN UNION

2020 ◽  
Author(s):  
Амала Алиевна Умарова
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Legal Protection ◽  
The European Union

В статье анализируются отдельные нормативные акты, выступающие в качестве основы правовой охраны интеллектуальность собственность в Европейском Союзе. The article analyzes individual normative acts that act as the basis of legal protection of intellectual property in the European Union.

scholarly journals LEGAL REGULATION OF TOBACCO AND TOBACCO PRODUCTS IN THE SLOVAK REPUBLIC AND IN THE EUROPEAN UNION

2013 ◽  
Vol 2 (2) ◽  
pp. 44-53
Author(s):  
Barbara Pavlíková
Keyword(s):  
European Union ◽  
Slovak Republic ◽  
Legal Regulation ◽  
The European Union ◽  
Negative Consequences ◽  
Tobacco Products ◽  
Excise Duty ◽  
Analysis And Synthesis ◽  
Regulatory Instruments ◽  
The Eu

Abstract The contribution deals with the Slovak and the EU legal regulation of tobacco and tobacco products. Its primary purpose is to point out the Slovak and European legal acts which constitute the main regulatory instruments in this field using the method of analysis and synthesis. Rules of production, distribution and conditions of use of tobacco and products thereof are in the Slovak Republic contained mainly in two acts - the Act No 335/2011 Coll. on Tobacco Products and the Act No 377/2004 Coll. on the Protection of Non-smokers, as well as in special Decree No 212/2012 Coll., regulating tobacco products. Regulation of excise duty on tobacco products can be found in the Act with the same name - Act No 106/2004 Coll.. Another objective of the paper is also to draw attention to the amendment of Act on Protection of Non-smokers which entered into force on 1 July 2013. The European Union struggles with the negative consequences of smoking at the supranacional level and its institutions - the European Commission, the European Parliament and the Council of the EU - are already for several years adopting legal acts to facilitate uniformity and easier interpretation of European law also in the field of legal regulation of tobacco and tobacco products. The predominant part of the existing legislation deals with the approximation of laws in areas that are closely related to the manufacture, presentation and sale of tobacco products, but also to the collection of taxes from these products.

1. Introduction

2018 ◽  
Author(s):  
L. Bently ◽  
B. Sherman ◽  
D. Gangjee ◽  
P. Johnson
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
European Economic Area ◽  
Property Law ◽  
The European Union ◽  
European Union Law ◽  
Intellectual Property Law ◽  
The Uk

This introduction provides an overview of topics covered in this book which relate to all areas of intellectual property law, including the justifications that have been put forward for granting intellectual property rights. It also considers the key international and regional developments that have influenced intellectual property law in the UK, such as the creation of the World Intellectual Property Organisation (WIPO), the Trade-Related Aspects of Intellectual Property Rights (TRIPS) negotiations, and European Union law. The chapter also discusses the ways in which the European Union is involved in intellectual property law, such as its involvement in negotiating and signing treaties. Finally, it looks at the European Economic Area and non-EU regional initiatives on intellectual property, as well as the implications of Brexit.

Sign in / Sign up

Export Citation Format

Share Document