scholarly journals The partial waiver of the rights and partial invalidation of rights to the invention

2021 ◽  
pp. 51-59
Author(s):  
Petro Borovyk
Keyword(s):  
Legal Protection ◽  
Third Parties ◽  
Legal Certainty ◽  
Utility Model ◽  
Patent Owner ◽  
The Third ◽  
Utility Models ◽  
The Law ◽  
State Registration ◽  
The Right

Borovyk P. The partial waiver of the rights and partial invalidation of rights to the invention. In view of changes in the Law of Ukraine «About protection of rights for inventions and utility models» introduced according to the Law No. 816-IX as of 21.07.2020, it is implied that a patent owner can waive rights provided by a state registration of an invention (utility model) fully or partially, and a court can render the rights for the invention (utility model) invalid fully or partially. The partial waiver of the rights or rendering the rights invalid causes a number of issues on a rather frequent basis, in particular, regarding a certain procedure of defining the entire scope of rights according to the patent and a portion of these rights. Since the scope of rights is defined by claims, the partial waiver of the rights or the partial rendering the rights invalid substantially represents a change of the scope of rights, which are defined by the claims as published. The patent may be granted for a group of inventions. In such case, the scope of rights shall be defined by the claims that comprise several independent claims. Here, the partial waiver of the rights for the invention may be carried out by waiving one or several independent claims at the discretion of the patent owner or by rendering one or several independent claims invalid by the court. Therewith, the scope of rights that is defined during conduction of an examination for another invention of the group of inventions, which are mentioned in a single protection document (patent), is not changed. The partial waiver or the partial rendering the rights for the invention invalid for the claims having one independent claim is a more problematic case. A key aspect of this problem is an influence of the proposed amendments of the claims onto the scope of rights for the invention and its correspondence with the requirements for granting a legal protection. More specifically, it is an establishment of a fact of reduction of the scope of rights when introducing the proposed amendments into the independent claim and examination of a new version of the independent claim for compliance with the requirements of patentability. An important aspect also lies in establishment of a balance of interests of the patent owner and third parties. The patent owner will receive a mechanism of implementation of the right for protection of allowable embodiments of the invention, while the third parties will receive a right for a legal certainty by means of an analysis of the scope of rights of the new version of the claims. The article discloses grounds for waiving the rights for the invention and the mechanism for implementation of the waiver under the legislation in force both for the case of the group of inventions and for the partial waiver or the partial rendering the rights for the invention invalid with the claims having one independent claim. Keywords: scope of rights, independent and dependent claims, amendment to claims, proceedings

scholarly journals Expert Examination of the Use of a Dependent Invention and a Dependent Utility Model Under the Law of the Russian Federation

2018 ◽  
Vol 7 (3.14) ◽  
pp. 340
Author(s):  
Vladimir Evgenievich Kitaiskiy ◽  
Evgeniy Nikolaevich Petrov ◽  
Vera Vladimirovna Shvedova
Keyword(s):  
Russian Federation ◽  
Civil Code ◽  
Patent Law ◽  
Utility Model ◽  
Patent Owner ◽  
Utility Models ◽  
The Russian Federation ◽  
The Law ◽  
The Right ◽  
Exclusive Right

The article deals with such objects of patent law as inventions and utility models, the use of which by patent holders in some cases is limited by the rights of other patent owners in accordance with the requirements of the Civil Code of the Russian Federation, as amended on March 12, 2014. Such inventions and utility models are called dependent. In fact, these are improvements to other inventions and utility models, to which the exclusive right applies. The patent owner of such a dependent object of patent law may legitimately use his invention or his utility model only upon obtaining the right to use another (main) object of patent law or at its alienation from the legal owner. For this, it is necessary to reveal the dependence of one's object of patent law on another (main) object. The article shows how it is possible to identify such dependence under the existing patent legislation of the Russian Federation.  

Formation of Contract and Third Parties in Cambodia

2018 ◽  
Author(s):  
Ly Tayseng
Keyword(s):  
Academic Writing ◽  
Case Law ◽  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
Contract Formation ◽  
The Law ◽  
The Right ◽  
Formal Requirements

This chapter gives an overview of the law on contract formation and third party beneficiaries in Cambodia. Much of the discussion is tentative since the new Cambodian Civil Code only entered into force from 21 December 2011 and there is little case law and academic writing fleshing out its provisions. The Code owes much to the Japanese Civil Code of 1898 and, like the latter, does not have a requirement of consideration and seldom imposes formal requirements but there are a few statutory exceptions from the principle of freedom from form. For a binding contract, the agreement of the parties is required and the offer must be made with the intention to create a legally binding obligation and becomes effective once it reaches the offeree. The new Code explicitly provides that the parties to the contract may agree to confer a right arising under the contract upon a third party. This right accrues directly from their agreement; it is not required that the third party declare its intention to accept the right.

scholarly journals The Certainty And Legal Protection To The Buyer's Auction Of The Mortgage Right Object On Online Auctions At The Service Of Wealth State Office And Auction (KPKNL)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 481
Author(s):  
Arif Budi Pamungkas ◽  
Djauhari Djauhari
Keyword(s):  
Research Method ◽  
Online Auctions ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
The Public ◽  
State Office ◽  
The Law ◽  
The Right ◽  
The Way

An auction is an activity of selling of goods in public by means of a verbal-bid to get the higher price or to get lower prices and the price quote can be done in a closed and written. This is done by the way of collecting the prospective buyers of the auction led by officials of the auction. In this case, the intended auction was the sale of goods that are held publicly. The auction, according to the regulations of security right, is when the debtor made a breach, the holder of the security rights have the right to sell the security rights’ objects over its own power through a public auction as well as taking payment of account receivable from the sale proceeds. An auction is an alternative to the sale of an undertaken asset by way of inviting prospective buyers at a particular time and place in which the last highest bidder in writing or orally is determined as the winner. The author used socio-legal research as his research method. To meet the forth standards set by the law, the auction should be widely announced to the public, either through printed file, electronic or visual. A legal certainty as a basis which concerned with propriety and justice is very closely related to the principle of auction sales in another. As the formulation of the problem of the form of identification of the problem, namely how the legal protection of the auction buyers encountered the obstacles as well as the solution.Keywords: Auction; Legal Protection; Mortgage Right

scholarly journals KEABSAHAN SERTIFIKAT JAMINAN FIDUSIA ATAS BARANG MILIK PIHAK KETIGA YANG DIJAMINKAN SECARA MELAWAN HUKUM

2018 ◽  
Vol 4 (1) ◽  
pp. 22
Author(s):  
Anita Kamilah
Keyword(s):  
National Development ◽  
Legal Protection ◽  
Third Parties ◽  
Economic Activities ◽  
Community Effort ◽  
The Law ◽  
Fiduciary Relationships ◽  
The Government ◽  
To Come ◽  
The Right

Sustainability of national development is the increase in the life of the community effort that is supported through the granting of credit facilities or loans, as the provision of money or bills that can be equated with that loan agreement borrow the returns are made on a period of time to come. In order to provide protection and reassurance against creditors in obtaining her credit refund, the Government ratified the Act No. 42 Year 1999 About the Fiduciary Guarantee gives the right to the lender through fiduciary certificates as material warranties that are submitted on the basis of trust, where the owner can still use his guarantee for economic activities. The ease, often abused the debtor not good intentioned one through the securing of objects belonging to third parties fiduciary are against the law to the detriment of creditors because it resulted in no fiduciary guarantee legitimately so the lender no longer has the right to obtain payment preferent precedence if the debtor tort in fulfilling the obligation payment of his credit. In addition, the owners of goods that harms his ownership was made the object of a fiduciary guarantee. Legal protection for owners of goods due to the securing of objects that are against the law of fiduciary relationships can do the prosecution indemnity as well as requesting removal of the disturbances a pleasure over the right material.Keywords: Fiduciary Certificates, Credit, Against The Law, Torts.

scholarly journals Kedudukan Notaris dan PPAT dalam Perjanjian Jual Beli Tanah dan Jaminan Perlindungan bagi Para Pihak

2020 ◽  
Vol 1 (2) ◽  
pp. 379-383
Author(s):  
I Komang Edy Susanto ◽  
Ida Ayu Putu Widiati ◽  
Ni Gusti Ketut Sri Astiti
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Land Rights ◽  
Equal Treatment ◽  
Public Official ◽  
Legal Certainty ◽  
Land Registration ◽  
Legal Method ◽  
The Law ◽  
The Right

Basically, notaries also serve as Land Deed Making Official (hereafter called PPAT) after they carry out a test. Thus, in carrying out their role as PPAT, they are entitled to make deeds of transferring land rights. Based on this background, this research was conducted with the aim of describing how the position of the notary and PPAT in transferring land rights and how legal protection for parties who transfer land through sale and purchase. The research method used in this research was a normative legal method. The results of this study indicated that the position of a notary in the transfer of land rights as an official deed maker is mentioned in article 2 paragraph (1) of Law No. 2/2014 concerning the Position of Notary, which states that a notary is a public official who is authorized to make authentic deeds and has other powers as referred to in this Law or based on other Prevailing Laws. The position of the PPAT in essence has the task of carrying out land registration by making deeds as evidence and having carried out certain legal actions regarding land rights. Legal protection for parties transferring land through sale and purchase is stated in the 1945 Constitution, namely Article 27 paragraph (1) which states that each person has the right to recognition, guarantee, protection, and legal certainty that is just and equal treatment before the law.

scholarly journals Perlindungan Hukum terhadap Kreditur Pemegang Jaminan Fidusia yang Dipindah Tangankan

2020 ◽  
Vol 1 (2) ◽  
pp. 431-435
Author(s):  
I Made Suarja ◽  
Simon Nahak ◽  
I Ketut Widia
Keyword(s):  
Legal Protection ◽  
Third Parties ◽  
District Court ◽  
Research Approach ◽  
Legal Certainty ◽  
Credit Guarantee ◽  
Normative Approach ◽  
Registered Office ◽  
The Law ◽  
Execution Procedures

This research was conducted based on fiduciary guarantee of execution provided for in Article 29 of Act No. 42 of the year 1999 about Fiduciary Guarantee stating that the fiduciary guarantee execution can be carried out by means of the execution of the title eksekutorial, the distribution of sale through the society, or sale under the hand with the consent of both parties. However, in practice when it will do the execution of fiduciary guarantee, guarantee that turned out to be transferable and controlled by third parties without the consent of the borrower. Formulation of the problem in this study was 1. The requirements are to be met by the lender in order to have the power of doing execution in granting credit Guarantee Chattels? 2. How is the legal protection for the lender that guarantees Fiduciary transferable? The purpose of the research to know the procedure of obtaining legal protection for holders of a Fiduciary which is transferable. The theory is a theory of legal certainty and the protection of the law. This type of research approach with normative approach legislation and the approach to the case. The first discussion about the terms of execution of fiduciary guarantee and second set of laws regarding a lender to Fiduciary redirected. The result of the research showed that if not created by notariil and registered office at Fiduciary, then their execution procedures can only be done with the setting of the ruling of the District Court. Procedures and procedures binding guarantee of fiduciary fiduciary registration procedures on Fiduciary Office, are not set or are not found in detail in the Law Number 42 Year 1999.

scholarly journals SAHNYA PERKAWINAN MENURUT UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN DITINJAU DARI HUKUM PERJANJIAN

2010 ◽  
Vol 10 (3) ◽  
Author(s):  
Trusto Subekti
Keyword(s):  
Family Law ◽  
The State ◽  
Third Party ◽  
Legal Certainty ◽  
Marriage Law ◽  
Arranged Marriage ◽  
The Third ◽  
Regulatory Aspects ◽  
The Law ◽  
The Right

Legal certainty is an indicator for a legal into good legal category, the fact about  the validity of marriage has led a multi interpretation among the experts and the society, especially among Muslims. This is shown in the society members statement that "the secret marriage" as a valid marriage according to religious even it is not listed. " Arranged marriage in a society is intended to solve problems within the scope of family law and marriage, not to create new problems in society. the problem is how the legitimacy of the marriage law seen from the viewpoint of the agreement, with expectations  to obtain certainty about the right interpretation of the validity of marriage, so the confusion about the validity of a marriage can be resolved. Seen from the viewpoint of the legal agreements, Marriage included in family laws agreements and according to the provisions this agreements are categorized as a formal agreements, it means that the agreement was born and legally binding if the requirements and procedures (formality) of marriage according Act No. 1 Year 1974 jo. No PP. 9 Year 1975 fulfilled. Afterwards, from the binding aspect, the function of marriage records juridically is a requirement in order to obtain recognition and protection from the state and binding the third party: (others). According to the regulatory aspects the procedure and the registration of marriages reflect a legal certainty, as the result the existence of marriage proved by  a marriage certificate.As a further consequence, in the law viewpoint a marriage is invalid if the marriage did not comply the procedure and registration of marriage.Keyword: Validity of marriages, Law Agreement

scholarly journals KEPASTIAN HUKUM DALAM PELELANGAN OBJEK HAK TANGGUNGAN SECARA ONLINE

FIAT JUSTISIA ◽  
2017 ◽  
Vol 10 (2) ◽  
Author(s):  
Begiyama Fahmi Zaki
Keyword(s):  
Legal Protection ◽  
Legal Certainty ◽  
Object A ◽  
Legal Evidence ◽  
Registration Process ◽  
Winning Bidder ◽  
The Law ◽  
The Right ◽  
Article 5

Abstract an auction object the formal use of mortgage online in KPKNL arranged in Article 54 paragraph (3) Minister of Finance Regulation Number 106/PMK.06/2013 that the supply of indirect in writing can be done via email or the internet. The auction the object a mortgage via email done through the application of auction email (ALE), both in terms of registration prospective bidders and documents should be equipped with the determination of the winning bidder performed on these applications. Legal certainty in this case that is at the time of the registration process bidders up to set the winning bidder through ALE. This strengthens with the Law Number 11 of 2008 on information and electronic transaction, where Article 5 paragraph (1) described that information electronically and/or document electronic and/or result print is a legal evidence legitimate. The principle of legal certainty of the opinion that an auction had been conducted by KPKNL for the legal protection to parties concerned to an auction. This is in accordance with rights legislation are explained that when debtors injured promise, the holder the mortgage over its own power has the right to sell by auction common. Implementing auction made treatise auction by officials an auction is a certificate authentic in accordance with Article 1867 and 1868 the book the Act of Civil Law. Treatise auction used the seller/the owner goods, buyers and officials auction to maintain and carry out their rights and duties and have the power of perfect in accordance with Article 1 the 32 Minister of Finance Regulation Number 106/PMK.06/2013. Key words: Legal Certainty, The Protection of the Law, Auction, Mortgage Object, Online VolumeAbstrak Penggunaan resmi obyek lelang hipotek secara online di KPKNL diatur dalam Pasal 54 ayat (3) Peraturan Menteri Keuangan Nomor 106/PMK.06/2013 yang pasokan tidak langsung secara tertulis dapat dilakukan melalui email atau internet. Lelang objek hipotek melalui email dilakukan melalui penerapan email lelang (ALE), baik dari segi pendaftaran calon peserta lelang dan dokumen harus dilengkapi untuk penentuan pemenang lelang dilakukan pada aplikasi ini. Kepastian hukum dalam hal ini yaitu pada saat bidder proses pendaftaran hingga mengatur pemenang tender melalui ALE. Ini telah memperkuat dengan Undang-Undang Nomor 11 Tahun 2008 tentang informasi dan transaksi elektronik, di mana Pasal 5 ayat (1) dijelaskan informasi yang elektronik dan/atau dokumen elektronik dan/atau hasil cetak adalah bukti hukum yang sah. Prinsip kepastian hukum berpendapat bahwa lelang telah dilakukan oleh KPKNL untuk perlindungan hukum kepada pihak yang berkepentingan untuk lelang. Hal ini sesuai dengan undang-undang hak dijelaskan bahwa ketika debitur cedera janji, pemegang hipotek atas kekuatan sendiri memiliki hak untuk menjual melalui lelang umum. Menerapkan lelang dibuat risalah lelang oleh pejabat lelang adalah sertifikat otentik sesuai dengan Pasal 1867 dan 1868 Kitab UndangUndang Hukum Perdata. Risalah lelang digunakan penjual/pemilik barang, pembeli dan pejabat lelang untuk mempertahankan dan melaksanakan hak dan kewajiban mereka dan memiliki kekuatan yang sempurna sesuai dengan Pasal 1 Menteri 32 Keuangan Nomor 106/PMK.06/2013. Kata Kunci: Kepastian Hukum, Perlindungan Hukum, Lelang, Objek Hipotek, Online

scholarly journals Perlindungan Hukum terhadap Pencipta atas Pencatatan Suatu Ciptaan yang Sama

Lentera Hukum ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 437 ◽  
Author(s):  
Riko Sulung Raharjo ◽  
M. Khoidin ◽  
Ermanto Fahamsyah
Keyword(s):  
Legal Protection ◽  
Copyright Law ◽  
The State ◽  
Legal Certainty ◽  
Legal Research ◽  
Similar Work ◽  
The Future ◽  
The Law ◽  
The Right ◽  
Legal Consequences

Copyright recognizes a declarative system in which the state automatically protects a creation after it was born without having to be preceded by registration. Article 64 of Copyrights Act Number 28 of 2014 (Copyright Act) states the registration even though it is not a necessity for the creator. This study aims to examine and analyze the legal consequences, forms of legal protection, as well as the future conception of regulations relating to the recording of a work in common by using legal research as its method. The results of the study indicate that the legal consequences on the similar work to the registration, inter alia, the abolition of the power of law for the registration of works, compensation for the creator, and criminal threats. Based on the theory of legal certainty, a provision is a form of legal certainty provided by the Copyright Law. There is a form of legal protection against the creator of the registration of the similar creation, inter alia, the abolition of the power of the law for registration the work by the court, the creator has the right to compensation, and the creator has the right to sue criminal. Based on the theory of legal protection, a provision is a form of protection provided by the Copyright Law. The future conception of the regulation of registration of creation so that it can provide legal protection against the creator through the renewal related to the addition of authority and procedures in conducting checks for ministers in the case of the registration of creation since it was first realized and announced. Based on the theory of legal certainty and the benefits of law, change and renewal can provide legal certainty and legal benefit for the creator and his creation. Keywords: Creator, Recording of Creations, Same Creations

scholarly journals The Standard Concept of the Advocate Profession in Implementing Professional Advocate

2021 ◽  
Vol 8 (1) ◽  
pp. 134
Author(s):  
Danggur Feliks ◽  
Muhadar Muhadar ◽  
Otto Yudianto
Keyword(s):  
Rule Of Law ◽  
Legal Protection ◽  
Point Of View ◽  
Equal Treatment ◽  
Legal Certainty ◽  
Legal Reason ◽  
Protection Of Human Rights ◽  
The Law ◽  
The Right ◽  
Standard Concept

The law stipulates what should or should be done and what is prohibited. The principle of a rule of law requires, among other things, the guarantee of equality for everyone before the law (equality before the law). Therefore, the Constitution also stipulates that everyone has the right to recognition, guarantee, protection, and legal certainty that is just equal treatment before the law. From a philosophical point of view, the Legis standard ratio of the advocate profession is to guarantee the protection of human rights by the conceptual objectives of the state of law. Meanwhile, the legal reason is to guarantee legal protection. both for the benefit of the client and the benefit of the advocate himself, so that disputes between advocates and clients can be avoided which are built based on trust.

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