scholarly journals Objection to the trademark application or the action of international registration of a trademark in Ukraine

2021 ◽  
pp. 87-94
Author(s):  
Olesia Kharchenko
Keyword(s):  
Legal Protection ◽  
Third Parties ◽  
The State ◽  
Third Party ◽  
The Right

Keywords: objection, opposition, trademark, appellate chamber, period of opposition The article analyses themain approaches to the practice of filing and the consequences of filing objections ofthird parties against trademark applications or international trademark registrationsbased on a study of the provisions of regulations of Ukraine and foreign countries.The filing of an objection to an application for a trademark is defined as theright of any third party to state its views on the inconsistency of the designation appliedfor registration with the conditions of granting legal protection. It is concludedthat this procedure in Ukraine is not fully harmonized with the practice of the EuropeanUnion: Ukrainian law does not provide for the submission — of observation ofthird parties, when the trademark cannot be registered ex officio. Such observationcan be submitted by any person free of charge, but this person will not become a partyto the proceedings during the designation examination.It is determined that this right in Ukraine can be exercised within several instances:1) Objection of a third party, which is filed at the stage of examination of the designation;2) Objection of a third party, which is submitted to the Appeals Chamber of the NationalIntellectual Property Authority;3) Appeal of the approved decision of the Appeals Chamber of the National IntellectualProperty Authority in court.The article provides suggestions for improving the procedure for filing objections toan application for a trademark or the action of international registration of a trademarkin Ukraine:1) granting the right to third parties to submit to the National Intellectual PropertyAuthority free observations against trademark applications that do not relate to«relative» grounds for refusal of the legal protection of the designation.2) increase the fee for filing an objection to a trademark application or internationaltrademark registration to reduce the number of filing of unscrupulous objections,the purpose of which is to increase the term of registration of the applicant'strademark.3) extension of the terms of payment of the state fee for issuing a certificate ofUkraine for a trademark and the fee for the publication of the issuance of a certificatefor up to five months for those applications for trademarks against whichthird parties have filed objections.

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 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 IMPLIKASI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 11-017/PUU-I/2003 TERHADAP PERLINDUNGAN HUKUM HAK DIPILIH

2015 ◽  
Vol 4 (4) ◽  
Author(s):  
I Ketut Ngastawa
Keyword(s):  
Descriptive Analysis ◽  
Legal Protection ◽  
The State ◽  
The Body ◽  
State System ◽  
Court Decision ◽  
Constitutional Court ◽  
Political Rights ◽  
Conceptual Approach ◽  
The Right

Paper that had the title: "Juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the Legal Protection for the Rights to be Eelected." This explores two issues: 1) how the legal protection of the settings selected in the state system of Indonesia ; 2) what are juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the legal protection for the rights to be elected. To solve both problems, this paper uses normative legal research methods. Approach being used is the statute approach, case approach, and a conceptual approach. Further legal materials collected were identified and analyzed using descriptive analysis techniques. Legal protection for the right to be elected in the state system of Indonesia can be traced from the 1945 opening, the articles in the body of the 1945 Constitution, Article 27 paragraph (1), Article 28D (1) and paragraph (3) and Article 28 paragraph (3) 1945 Second Amendment, MPR Decree Number XVII/MPR/1998, Article 43 of Law Number 39 of 1999, Article 21 of the Universal Declaration of Human Rights, and Article 25 of the International Covenant  on Civil and Political Rights. Discussion of the juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the legal protection for the rights to be elected have been included: a) only on the juridical implications of representative institutions no longer marked with specified requirements as stipulated in Article 60 letter g of Law Number 12 Year 2003 in Law Number 10 Year 2008; b) juridical implications of the political field for the right to be elected is the absence of any discriminatory treatment in legislative product formed by the House of Representatives and the President as well as products of other legislation forward.

scholarly journals LEGAL PROTECTION ISSUE IN THE MINORITY RELIGION OF THE NON-GREATEST SIX

2019 ◽  
Vol 1 (2) ◽  
pp. 49-59
Author(s):  
Asrori Karni
Keyword(s):  
Religious Education ◽  
Fundamental Problem ◽  
Birth Certificate ◽  
Legal Protection ◽  
The State ◽  
Official Document ◽  
Minority Religions ◽  
Minority Religion ◽  
Short And Long Term ◽  
The Right

Adherents of minority religions outside the greatest six religions was still had to face the uncertainty from the state in religious rights service and legal protection. It was started from the right to obtain permission to build a synogogue, religious education rights, marriage registration, birth certificate, put the religion identity in official document column, and so on. The fundamental problem was a flurry of religious recognition concept by the state. There were some opportunities for short and long term breakthrough solutions need to be explored.

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 Legal Aid by the State as a Constitutional Right of the Poor: Problems and Challenges in Indonesia

2021 ◽  
Vol 3 (2) ◽  
pp. 185-196
Author(s):  
Ari Wibowo ◽  
Michael Hagana Bangun
Keyword(s):  
Supreme Court ◽  
Legal Protection ◽  
The State ◽  
Legal Aid ◽  
The Poor ◽  
The Supreme Court ◽  
The Law ◽  
Constitutional Right ◽  
The Republic ◽  
The Right

The provision of legal aid is one way to realize access to law and justice for the poor people provided by the state on the mandate of the constitution. Several regulations regarding legal aid have been issued by the state through the Act and its implementing regulations as well as from the Supreme Court or the Constitutional Court through the Supreme Court Regulations and the Constitutional Court's decisions. Legal aid is the constitutional right of every citizen to guarantee legal protection and guarantee equality before the law stipulated in Law Number 16 of 2011, the State is responsible for recognizing and protecting the human rights of every individual without differing backgrounds so that everyone has the right to be treated equally before the law is contained in Article 28D of the 1945 Constitution of the Republic of Indonesia. For the poor who experience legal problems in the form of injustice, they can request legal assistance from legal aid institutions that are regulated in legislation. The purpose of providing legal aid is to guarantee and fulfill the right for Legal Aid Recipients to gain access to justice, to realize the constitutional rights of all citizens in accordance with the principle of equality in law, to ensure the certainty that the implementation of Legal Aid is carried out equally across the territory of the Republic of Indonesia. , and to create an effective, efficient and accountable court.

scholarly journals State system of intellectual property protection in Ukraine: development trends in modern conditions

2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Svitlychnyi Oleksandr ◽  
Keyword(s):  
Intellectual Property ◽  
Legal Protection ◽  
Intellectual Property Protection ◽  
The State ◽  
State System ◽  
International Standards ◽  
System Structure ◽  
Basic Law ◽  
Constitutional Right ◽  
The Right

Today, the protection of intellectual property rights and legitimate interests of citizens is guaranteed by Article 55 of the Constitution of Ukraine, which provides and guarantees to everyone who uses all national forms of legal protection, protection of rights and freedoms in court. According to the second part of Art. 124 of the Basic Law, the jurisdiction of the courts extends to any legal dispute and all legal relations arising in the state. In addition to the constitutional right to administrative and judicial protection of intellectual property, the rules of special legislation in the field of intellectual property also determine other types of protection. In particular, part of the first article. 52 of the Law of Ukraine «On Copyright and Related Rights», to protect their copyrights and (or) related rights, entities have the right in accordance with the established procedure to apply to the court and other authorities in accordance with their competence. It is emphasized that the specifics of the protection of intellectual property is that there may be different ways to protect the violated subjective right to choose the person whose rights are violated. Today, the state system of intellectual property protection in Ukraine has an extensive system of state bodies involved in ensuring the protection of intellectual property. Based on the analysis of normative legal acts and scientific opinions, the article analyzes the activities of public administration entities in the field of intellectual property protection (Ministry for Development of Economy, Trade and Agriculture, National Intellectual Property Authority, Ukrainian Institute of Intellectual Property, Department of Intellectual Property). It is noted that in connection with the reorganization of the state system of intellectual property protection, instead of a three-tier structure, a two-tier structure is proposed. It is established that the current standing of the state system of intellectual property protection does not fully comply with international standards and principles in the field of intellectual property. It is proved that the presented state system of intellectual property protection contains significant shortcomings, the ways of improvement its activities are proposed. Keywords: state system, structure, protection, intellectual property, functions, improvement

scholarly journals The Strategy to Increase the Regional Revenue (PAD) of the Government of Central Kalimantan through the Governor Regulation No. 16/2018

2019 ◽  
Vol 2 (3) ◽  
pp. 245
Author(s):  
Suprayitno Suprayitno ◽  
Riamona Sadelman Tulis ◽  
Ira Zuraida
Keyword(s):  
Private Sector ◽  
Legal Protection ◽  
Third Parties ◽  
Provincial Government ◽  
Third Party ◽  
Legal Certainty ◽  
Central Kalimantan ◽  
Local Revenue ◽  
The Government ◽  
Positive Results

This article aimed to analyze and identify the strategies of Central Kalimantan Provincial Government as an effort to increase Regional revenue (Pendapatan Asli Daerah - PAD) through third-party grants or donations. One of the efforts made by the Central Kalimantan Provincial Government in increasing regional revenue (PAD) is through the issuance of Governor Regulation No. 16/2018 on Guidelines for the Acceptance and Management of Grants or Donations from Third Parties to the Central Kalimantan Provincial Government. The data showed that the governor’s regulation had shown positive results relating to the efforts to increase the Regional revenue in Central Kalimantan Province. Local Revenue Offices of Central Kalimantan as the leading sector to implement the regulation has made several strategic efforts including sharing/spreading the information to 3 P i.e., investors, monitoring and controlling. The purposes of the governor’s regulation No. 16/2018 to provide legal protection to guarantee the participation of third parties in Central Kalimantan development, provide legal certainty in the management and acceptance of third-party grants or donations, and create an orderly administration, transparency and accountability in acceptance the grants or third-party donations to the government of Central Kalimantan Province. The collaboration cooperation between Central Kalimantan Provincial Government and the private sector to increase Regional revenue (PAD) needs to have support from all parties.

scholarly journals Residual Profit Allocation by Income

2021 ◽  
pp. 189-265
Author(s):  
Michael P. Devereux ◽  
Alan J. Auerbach ◽  
Michael Keen ◽  
Paul Oosterhuis ◽  
Wolfgang Schön ◽  
...  
Keyword(s):  
Current System ◽  
Third Parties ◽  
Destination Country ◽  
Third Party ◽  
Superior Performance ◽  
Reform Proposal ◽  
Goods And Services ◽  
Profit Allocation ◽  
The Right

This chapter sets out our first detailed reform proposal: the Residual Profit Allocation by Income (RPAI). This is one of a family of schemes based on separating multinational profit into ‘routine’ and ‘residual’ profit, a distinction that exists under the current system. The RPAI allocates the right to tax routine profit to the country where functions and activities take place. It allocates the right to tax residual profit to the market, or destination, country where sales are made to third parties. We evaluate the RPAI against our five criteria. We conclude that while it is far from perfect, it performs well against these criteria. Its superior performance stems primarily from allocating taxing rights for residual profit to the destination country, where there is a relatively immobile third party purchaser of goods and services sold by the company.

LEGAL PROTECTION RELATED TO THE DENSITY RIGHTS IN TERMS OF REWARDED IN CORRECTIONAL INSTITUTION

2018 ◽  
Vol 5 (2) ◽  
pp. 175
Author(s):  
Lily Faradina ◽  
Kadek Wiwik Indrayanti
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
The State ◽  
Correctional Institution ◽  
Human Beings ◽  
The People ◽  
The Law ◽  
The Right ◽  
Work Done

The rights of prisoners have been explicitly regulated in Act No.12 of 1995 on Corrections. The law therein outlines 13 (thirteen) rights reserved for a prisoner while in a Penitentiary. The right to get a wage or premium for the work done is a right that is often neglected in practice in the correctional institution located in our country. This happens because of the stigma of the people who still tend to assume that a prisoner is a party that deserves to be treated arbitrarily because of the crime he has committed. It is this kind of thinking that ultimately also affects officials or prison officers who end up treating incendiary people like humans who are unfit to accept the rights that have been provided by the state. Many inmates are employed in penitentiaries who are not paid for by their employers. If this continues to be done then the purpose of punishment will actually violate human rights inherent in the Prisoners as human beings. However, prisoners must also be protected by their rights as human beings.

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