scholarly journals A new approach determining the scope of legal protection of industrial designs in Ukraine

2021 ◽  
pp. 38-44
Author(s):  
Hanna Yudina
Keyword(s):  
Comparative Analysis ◽  
Key Words ◽  
Industrial Design ◽  
Legal Protection ◽  
New Approach ◽  
The Law ◽  
Technical Functions

Key words: scope of legal protection, informed user, overall impression, degree of author's freedom, registered industrial design, unregistered industrial design This article analyzes the norms of the Law of Ukraine «On the Protection of Rights to Industrial Designs» as amended on October 14, 2020, in the part that regulates relations as to the establishment of the scope of legal protection for an industrial design. A comparative analysis as to the norms of wording the Law of Ukraine «On the Protection of Rights to Industrial Designs» dated on October 14, 2020, and the norms of the said Law as of 05.12.2012, has been carried out, and as a result of which it was found that the norms of wording the Law as of 05.12.2012 concerning legal relations pertaining to the establishment of the scope of legal protection and the fact of the use of an industrial design in a product or later registered industrial design, as well as the requirements for means by which the scope of legal protection was found, differ significantly from the norms wording the Law as of 05.12.2012. In particular, it was established that prior to the adoption of the Law as amended on 14.10.2020, the scope of legal protection for the industrial design, instead of being based on the impression produced on an informed user, was determined by the set of essential features presented on the images of the product andgiven in the description of the industrial design. There are also differences in means used to establish the scope of legal protection for the industrial design. If in the wording of the Law as of 14.10.2020 only pictorial means are used, then in the wording of the said Law as of 05.12.2012 — together with pictorial means descriptive verbal means are also taken into account (the list of essential features of the industrial design is given in the description). Also distinctive is that the wording of the Law as of 14.10.2020 did not provide legal protection for the appearance of the product solely due to its technical functions, the appearance of the product, the size and the shape of which must be accurately reproduced in order that one product can be mechanically connected to another one or located inside, around or in front of another product in such a way that each one can perform its function and the features embodied or used in the product as part of the assembled make and are being invisible during normal use of the product.

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 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.

Protection of the Environment in Times of Armed Conflict: In Search of a New Legal Perspective

1995 ◽  
Vol 8 (1) ◽  
pp. 7-40 ◽  
Author(s):  
Wil D. Verwey
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Legal Protection ◽  
Environment Protection ◽  
New Approach ◽  
Customary International Law ◽  
Healthy Environment ◽  
Legal Perspective ◽  
Law Of Armed Conflict ◽  
The Law

AbstractAccording to, e.g., some Western governments and the ICRC, existing rules of international law would provide adequate protection of the environment in times of armed conflict. However, a proper analysis of the existing rules, contained in relevant treaties and customary international law, suggests that this protection is currently far from adequate, in times of both international and non-international armed conflict. In order to ensure a better protection of the environment in times of armed conflict, a new approach is required which departs from the obvious necessity of a common recognition of the following three fundamental ideas: 1. the indivisibility of a healthy environment as an indispensable condition for the survival of present and future generations; 2. the necessity to disconnect the legal protection of the environment in times of armed conflict from its anthropocentric legal enclosure; and 3. the need to expand the protective scope of the relevant rules beyond the current level of merely prohibiting the known or expectable and the obsoleteness of the distinction between environment protection pursued by the law of peace and environment protection pursued by the law of armed conflict, as well as recognition of the environment as a common heritage (or at least a common concern) of mankind.

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 PAYUNG HUKUM PELAKSAAN ABORTUS PROVOKATUS PADA KEHAMILAN AKIBAT PERKOSAAN

2015 ◽  
Vol 34 (1) ◽  
pp. 25
Author(s):  
Rika Susanti
Keyword(s):  
Child Abuse ◽  
Key Words ◽  
Legal Protection ◽  
Penal Code ◽  
Health Law ◽  
Medical Indication ◽  
The Law ◽  
Medical Indications ◽  
The City

AbstrakPada survei yang dilakukan WHO dibeberapa kota besar di Asia pada tahun 1996 di Indonesia ditemukan bahwa pada wanita yang berumur diatas 16 tahun dikota Jakarta dan Surabaya pada 1400 sampel didapatkan 2,7% pernah mengalami perkosaan. Beberapa korban hamil, dan ingin mengakhiri kehamilan. Hukum di Indonesia (KUHP), menjelaskan bahwa semua usaha dalam rangka menghentikan kehamilan adalah suatu tindak pidana dan tidak dipersoalkan apakah indikasi dari pengguguran kandungan tersebut. Setelah adanya UU Kesehatan RI No 23 tahun 1992, barulah abortus provokatus atas indikasi medis mendapatkan payung hukum. Disini dijelaskan bahwa jika abortus dalam rangka menyelamatkan nyawa ibu atau anak diperbolehkan (indikasi medis). Legitimasi abortus provokatus atas indikasi medis saat ini dianggap tidak mencukupi lagi, sehingga diperlukan pula legalisasi indikasi non medis, seperti pada korban pemerkosaan dan child abuse. Dengan keluarnya UU Kesehatan No.36 tahun 2009, maka sudah melegalkan tindakan aborsi pada kehamilan akibat perkosaan.Kata kunci: perkosaan, kehamilan, abortus provokatus, payung hukum, KUHP, UU Kesehatan.AbstractIn the survey conducted by WHO in several major cities in Asia in 1996 in Indonesia found that in women aged over 16 years in the city of Jakarta and Surabaya in 1400 samples were obtained 2.7% had experienced rape. Some victims become pregnant due to rape action and there is a desire to terminate the pregnancy. The law in Indonesia is regulated in the Penal Code (KUHP), explain determined that all efforts in order to stop the pregnancy is a crime and not questioned whether the indications of such abortions. After the Health Law (Undang-Undang Kesehatan RI) No. 23 of 1992, then provoked abortion on medical indication obtain legal protection. Here was explained that if the abortion in order to save the life of the mother or child is allowed (a medical indication). The legitimacy of provoked abortion on medical indication currently considered no longer sufficient, so that will be required to legalize non-medical indications, such as the victims of rape and child abuse. With the release of the Health Law No.36 of 2009, it had legalized abortion in pregnancies due to rape. Key words : rape, pregnancy, abortus, legal protection, article of the Penal Code, the Law on Health.

Urgensi Assesment Report Dalam Omnibus Law RUU Cipta Kerja

ADALAH ◽  
2020 ◽  
Vol 4 (3) ◽  
Author(s):  
Indra Rahmatullah
Keyword(s):  
Academic Research ◽  
Legal Protection ◽  
The State ◽  
The Law ◽  
Scientific Arguments

Abstract:A draft law must be able to answer and solve the main problem of the society so that with the existence of the law the community gets legal protection from the state. However, the draft of Cipta Kerja Law makes an endless controversy. In fact, the draft was allegedly containing some problems since its appearance. Therefore, academic research (Assesment Report) is needed so that the rules in the draft have basic scientific arguments that can be justified. Unfortunately, the draft does not conduct an assesment report to know whether the society need the law and urgent.Keywords: Legal Protection, Controversy and Assesment Report Abstrak:Sebuah rancangan undang-undang harus dapat menjawab dan menyentuh pokok permasalahan masyarakat sehingga dengan adanya undang-undang tersebut masyarakat mendapatkan sebuah perlindungan hukum dari negara. Namun, dalam RUU Cipta Kerja ini justru berakibat pada kontroversi yang tiada hentinya. Bahkan, disinyalir RUU ini mengandung kecacatan sejak awal pembentukannya. Oleh karena itu, dibutuhkan penelitian akademis sehingga aturan-aturan yang ada dalam RUU ini mempunyai basis argumentasi ilmiah yang dapat dipertanggungjawabkan yang salah satunya adalah dengan membuat Laporan Kelayakan. Sayangnya RUU ini belum melakukan laporan kelayakan apakah RUU ini dibutuhkan dan penting di masyarakat.Katakunci: Perlindungan Hukum, Kontroversi dan Laporan Kelayakan

The Dudley Lee Case: A new approach to factual causation and its implications for transformative jurisprudence

2017 ◽  
Vol 30 (1) ◽  
pp. 273-289
Author(s):  
Anmari Meerkotter
Keyword(s):  
Case Note ◽  
Constitutional Court ◽  
Recent Contribution ◽  
New Approach ◽  
State Accountability ◽  
The Law ◽  
Transformative Impact ◽  
Constitutional Jurisprudence ◽  
Law Of Delict

The Constitutional Court (CC) judgment of Lee v Minister of Correction Services 2013 2SA 144 (CC) is a recent contribution to transformative constitutional jurisprudence in the field of the law of delict. This matter turned on the issue of factual causation in the context of wrongful and negligent systemic omissions by the state. In this case note, I explore the law relating to this element of delictual liability with specific regard to the traditional test for factual causation – the conditio sine qua non (‘but-for’) test. In particular, I note the problems occasioned by formalistic adherence to this test in the context of systemic state omissions as evidenced by the SCA judgment in the same matter. I also consider the manner in which English courts have addressed this problem. Thereafter, I analyse the CC’s broader approach to the determination of factual causation as one based on common sense and justice. I argue that this approach endorses a break from a formalistic application of the test and constitutes a step towards an approach which resonates with the foundational constitutional values of freedom, dignity and equality. Furthermore, it presents an appropriate solution to the problems associated with factual causation where systemic omissions are concerned. I then consider the transformative impact of the Lee judgment. In particular, I argue that the broader enquiry favoured by the CC facilitates the realisation of constitutionally guaranteed state accountability, and amounts to an extension of the existing norm of accountability jurisprudence. Hence, I contend that the judgment presents a further effort by the Constitutional Court to effect wholesale the constitutionalisation of the law of delict, as well as a vindicatory tool to be used by litigants who have been adversely affected by systemic state omissions.

REFLECTION OF THE CONCEPT “KNOWLEDGE” USED IN PHRASEOLOGICAL UNITS IN ENGLISH AND KYRGYZ WORLD VIEW

2019 ◽  
pp. 9-11
Author(s):  
Zhusupbek kyzy Aida
Keyword(s):  
Comparative Analysis ◽  
Knowledge Translation ◽  
Cultural Diversity ◽  
Key Words ◽  
World View ◽  
Concept Knowledge ◽  
Key Concepts

Abstract. Thе article aims at researching the concept “knowledge” used in phraseological units which is one of the key concepts in Кyrgyz and English world view. The comparative analysis of the concept “knowledge” in Kyrgyz and English linguistic world view reveals differences and similarities in its content. In addition, the research also shows that Kyrgyz phraseological units differ a lot from the English due to several particular features like cultural diversity, language peculiarities and linguistic world view. Various examples related to the concept “knowledge” are used demonstrating the difficulties in translation and the differences in meaning of the concept “knowledge” in phraseological units in Kyrgyz and English world view. Key words: concept, linguistic world view, phraseological units, idioms, phrase, proverbs and sayings, phraseology, equivalents, knowledge, translation.

Conscientious Objection (European and American approaches)

Law and World ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 115-144
Keyword(s):  
Deep Understanding ◽  
Legal Protection ◽  
Legal Aspects ◽  
Conscientious Objection ◽  
State Regulation ◽  
Legal Responsibility ◽  
State Regulations ◽  
Conscientious Objectors ◽  
The Law ◽  
The Individual

The Article concerns the legal issues, connected with the situation, when a person (or group of people) disobey requirements of the Law or other State regulations on the basis of religious or nonreligious belief. The Author analyses almost all related issues – whether imposing certain obligation on individuals, to which the individual has a conscientious objection based on his/her religious beliefs, always represents interference with his/her religion rights, and if it does, then what is subject of the interference – forum integrum or forum externum; whether neutral regulation, which does not refer to religion issues at all, could ever be regarded as interference into someone’s religious rights; whether opinion or belief, on which the individual’s objection and the corresponding conduct is based, must necesserily represent the clear “manifest” of the same religion or belief in order to gain legal protection; what is regarded as “manifest” of the religion or other belief in general and whether a close and direct link must exist between personal conduct and requirements of the religious or nonreligious belief; what are the criteria of the “legitimacy” of the belief; to what extent the following factors should be taken into consideration : whether the personal conduct of the individual represents the official requirements of corresponding religion or belief, what is the burden which was imposed on the believer’s religious or moral feelings by the State regulation, also, proportionality and degree of sincerity of the individual who thinks that his disobidience to the Law is required by his/her religious of philosofical belief. The effects (direct or non direct) of the nonfulfilment of the law requirement (legal responsibility, lost of the job, certain discomfort, etc..) are relevant factors as well. By the Author, all these circumstances and factors are essencial while estimating, whether it arises, actually, a real necessity and relevant obligation before a state for making some exemptions from the law to the benefi t of the conscientious objectors, in cases, if to predict such an objection was possible at all. So, the issues are discussed in the prism of the negative and positive obligations of a State. Corresponding precedents of the US Supreme Court and European Human Rights Court have been presented and analysed comparatively by the Author in the Article. The Article contains an important resume, in which the main points, principal issues and conclusion remarks are delivered. The Author shows, that due analysis of the legal aspects typical to “Conscientious objection” is very important for deep understanding religious rights, not absolute ones, and facilitates finding a correct answer on the question – how far do their boundaries go?

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