scholarly journals Objects of intellectual property rights: general terms of protection

2021 ◽  
pp. 98-106
Author(s):  
Olena Bakhareva
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Computer Programs ◽  
Civil Code ◽  
Brand Names ◽  
Goods And Services ◽  
General Terms ◽  
Commercial Code ◽  
Utility Models

Keywords: wine go and brown models, promises, sort of roslin that breed of twarin,trade marks (marks for goods), commerce (form) naymenuvannya, geographic significance,komertsiyna tamnytsya, computer programs Intellectual property is the result of human creativity: works of art and science, inventionsand utility models in all fields of human activity, industrial designs, trademarks(marks for goods and services), commercial (brand) names, information products,selection achievements, etc. Intellectual property is created as a result of purposefulmental work of human intellect, the result of which is something new, characterized byuniqueness, originality, uniqueness.According to the provisions of the Civil Code of Ukraine, an intellectual property rightis a person’s right to the result of intellectual, creative activity or another object of intellectualproperty right, defined by this Code and another law. Intellectual property rightsare personal non-property intellectual property rights and (or) property intellectual propertyrights, the content of which in relation to certain objects of intellectual propertyrights is determined by this Code and other law. Intellectual property rights are inviolable.No one may be deprived of intellectual property rights or restricted in their exercise,except in cases provided by law.The Commercial Code of Ukraine provides a list of intellectual property, leaving itopen and states that the general conditions for the protection of intellectual propertyrights to objects are determined by the Civil Code of Ukraine. In the Civil Code ofUkraine, the fourth Book «Intellectual Property Law» is devoted to the issue of intellectualproperty. The Civil Code of Ukraine provides a more extensive list of objects of intellectualproperty rights, defines their concepts.According to Article 420 of the Civil Code of Ukraine, the objects of intellectual propertyrights, in particular, include: literary and artistic works; computer programs; datacompilation (database); implementation; phonograms, videograms, broadcasts (programs)of broadcasting organizations; scientific discoveries; inventions, utility models,industrial designs; arrangement of semiconductor products; innovation proposals; plantvarieties, animal breeds; commercial (brand) names, trademarks (signs for goods andservices), geographical indications; trade secrets.The purpose of my article is to summarize information about the objects of intellectualproperty rights, disclosure of their concepts with reference to relevant regulatorysources. Therefore, to simplify the reader's perception and search for concepts in differentsources, it was decided to group them in one text. I hope that the information providedwill be useful.

Intellectual Property: Theory, Privilege, and Pragmatism

2003 ◽  
Vol 16 (2) ◽  
pp. 191-216 ◽  
Author(s):  
Adam D. Moore
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Trade Secret ◽  
Social Constructions ◽  
Property Theory ◽  
General Terms ◽  
Anglo American ◽  
Definition Of

In the most general terms, this article focuses on the tension between competing justifications of intellectual property. Section I examines the nature and definition of economic pragmatism and argues that, while economic pragmatism comes in many flavors, each is either unstable or self-defeating. Section II advances the view that Anglo-American systems of intellectual property have both theoretical and pragmatic features. In Section III a sketch of a theory is offered--a theory that may limit applications of economic pragmatism and provide the foundation for copyright, patent, and trade secret institutions. To be justified--to warrant coercion on a worldwide scale--systems of intellectual property should be grounded in theory. Intellectual property rights are, in essence, no different than our rights to life, liberty, and tangible property. Intellectual property rights are neither pure social constructions nor bargains without foundations.

scholarly journals Protection of intellectual property rights on a trademark

2020 ◽  
pp. 19-24
Author(s):  
L.V. Zolota ◽  
G.V. Rusak
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Necessary Condition ◽  
International Treaties ◽  
Goods And Services ◽  
Unique Object ◽  
Trademark Protection ◽  
The Moment ◽  
Trademark Use

In the process of developing their own business, legal entities and individuals are looking for new ways and tools to separate, individualize goods or services from others. The most effective tool to individualize and promote business not only in domestic but also global markets is a trademark. Therefore, it is worth paying attention to the brand from the moment of business formation. After all, the consumer perceives the brand visually, phonetically, semantically, it is a tool that psychologically affects the consumer of a product or service and forces him to make a choice. Relations arising during the acquisition, exercise and protection of trademark rights are provided by the Constitution of Ukraine, the Civil and Commercial Codes of Ukraine, the Law of Ukraine "On Protection of Rights to Marks for Goods and Services", as well as relevant ratified international treaties and other regulations acts. Also, the relevance of this topic is due to the fact that the trademark is a special, unique object of intellectual property rights, a means to individualize goods and services, as well as business participants. Problems of trademark use and protection are a significant issue, as a necessary condition for effective economic development, increasing the level of product competitiveness, not only in Ukraine but also abroad, protection against unfair competition is the proper implementation of trademark rights. During the writing of the article to achieve the goal the concept of trademark in Ukraine and its features were revealed, differences of trademark from other marks for goods and services were established, the legislation of Ukraine in the field of trademark protection was analyzed and characterized trademark in Ukraine.

scholarly journals Certain aspects of possible codification of legislation of intellectual property law

2021 ◽  
pp. 108-118
Author(s):  
Olena Shtefan
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Public Relations ◽  
Intellectual Property Rights ◽  
Legal Regulation ◽  
Civil Code ◽  
Property Law ◽  
Intellectual Property Law ◽  
The Subject ◽  
Independent Branch

Keywords: recodification of the Civil Code of Ukraine, codification of legislation onintellectual property law, subject and method of intellectual property law The article examines the issues related to the possibility ofcodification of legislation in the field of intellectual property rights. Currently, inUkraine there is a three-tier regulation of public relations in the field of intellectualproperty law. On the one hand, the Civil Code of Ukraine, the rules of which are characterizedby a corresponding nature, terminological inconsistency with special legislation;special legislation regulating legal relations arising from the creation and use ofcertain objects of intellectual property rights; as well as the provisions of ratified internationallegal acts in this area. Such legislation does not contribute to effectiveprotection or effective protection of intellectual property rights.The updating of the Civil Code of Ukraine will not improve the situation regardingproper legislative support in this area, and may lead to new conflicts. Based on the analysis of existing approaches in legal doctrine on the possible codificationof legislation in the field of intellectual property law, it is concluded that it ispossible if the latter is separated into an independent branch of law, characterized bythe subject and method of legal regulation. The existing approach to the definition ofthe subject of regulation in the doctrine of intellectual property law coincides with thecivilized approaches and does not reflect the specifics of legal relations that characterizethe field of intellectual property. The subject of intellectual property law is notlimited to private law relations, public law is also quite common. In this regard, it isproposed to understand the subject as a legal relationship arising in connection withthe creation, use and protection of intellectual property rights. It is proved that theright of intellectual property can be separated into an independent branch of law andto codify its legislation. This will be facilitated by the interest of the state and the correspondingpolitical will to do so.

scholarly journals THE CONCEPT AND CONTENT OF PUBLIC ADMINISTRATION PROCEDURES IN THE FIELD OF INTELLECTUAL PROPERTY IN THE COUNTRIES OF THE EUROPEAN UNION

2021 ◽  
Vol 1 (2) ◽  
Author(s):  
Pavlo V. Makushev ◽  
◽  
Andriy V. Khrid�chkin ◽  
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Property Rights ◽  
Public Administration ◽  
Intellectual Property Rights ◽  
Case Law ◽  
Legal Regulation ◽  
The European Union ◽  
Goods And Services ◽  
Court Of Justice

The article considers the features of public administration in the field of intellectual property and the conceptual basis for the formation of its procedures in the European Union. The conceptual bases of formation and development of procedures of public administration in the field of intellectual property in the countries of the European Union are opened. The pluralism of approaches to the definition of public administration procedures in the field of intellectual property in the countries of the European Union is analyzed. The normative-legal base of procedures of public administration in the field of intellectual property in the countries of the European Union is given. The acts of the Court of Justice of the European Communities on public administration in the field of intellectual property are analyzed. It is proved that the formation of European private law is due to the purpose of creating and functioning of a common market. It is established that in the national legal systems of European countries the regulation of public relations in the field of intellectual property is given considerable attention. The process of improving the procedures of public administration in the field of intellectual property in the European Union is analyzed and the legal framework of this process is given. A feature of European Union law is to strengthen the protection of intellectual property rights through two main mechanisms: harmonization of legislation of member states of the European Union and the introduction of European Union protection documents for various intellectual property. Thus, other partner countries of the European Union, in addition to measures to approximate legislation, may decide on the signing of agreements on entry into the regional European system of protection of certain intellectual property. The member states of the European Union pursue a coherent policy in the field of legal protection and use of intellectual property. Guided by the principle of free movement of goods and services, they focus their efforts primarily on the unification and harmonization of legislation in the field of intellectual property and prevention of the use of intellectual property rights in unfair competition. Within the European Union, a system of direct regulation of the processes of unification and harmonization of legislation in the field of intellectual property, which is especially characteristic of the field of copyright and related rights. The Court of Justice of the European Communities plays a significant role in the unification and harmonization of the legal regulation of relations in the field of intellectual property. In the absence of appropriate harmonization of national legislation in the field of intellectual property with the principles of free movement of goods and services, as well as freedom of competition, proclaimed by the European Union, the importance of the case law of the European Court of Justice is difficult to overestimate. The beginning of unification and harmonization activities in the field of intellectual property protection is preceded by a stage of case law enforcement practice, which allows to identify existing gaps in legal regulation and solve relevant problems. At present, it is a question of the existence of a special system of intellectual property rights of the European Union, formed in its general features, built on principles different from the traditional national ones, with a special subject of regulation. At the same time, this system is a new legal phenomenon that is developing quite dynamically and rapidly along with national and international legal systems. The legal regulation of intellectual property relations in the European Union aims to ensure a high level of protection of these rights, as they are the legal basis for the protection of the results of creative activity. The conclusion about the urgency of research of problems of public administration in the field of intellectual property in the countries of the European Union is made.

scholarly journals PATEN TERHADAP APLIKASI PROGRAM KOMPUTER BERBASIS FINANCIAL AND TECHNOLOGY DI INDONESIA

2019 ◽  
Vol 3 (1) ◽  
pp. 71-87
Author(s):  
Anik Marfistasari ◽  
Ennys Kurniawati ◽  
Badzlina Putri Indraswati
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Computer Programs ◽  
The Other ◽  
Legal Problems ◽  
Other Hand ◽  
Legal Construction

Patents as Intellectual Property Rights which are included in exclusive rights that contain legal construction. It basically must provide legal protection for the application of financial and techology-based on computer programs in Indonesia, where it is given to the novelty of the invention, inventive steps contained in it; and the success of inventions that should be applicable in industries that are developing at this time. To get tsshe assurance and legal protection against fintech programs invention, it is necessary to be followed up on legislation in the field of intellectual property, especially in terms of special patents which it related the fintceh programs inventions in Indonesia, which are expected to provide solutions to the legal problems in Indonesia and to provide a clear legal direction related the fintech programs inventions, on the other hand, with the existence of the legislation in the field of special patent it is expected that can obtain balanced legal protection related to computer programs. Which must be in accordance with the purpose of the invention itself to support the maximum efforts to achieve people's welfare .

scholarly journals Legal Responses to IPR Infringement in Internet Sphere

2018 ◽  
Vol 5 (1) ◽  
pp. 19-32
Author(s):  
Mahbubl Islam
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Global Scale ◽  
The Internet ◽  
Digital Revolution ◽  
Goods And Services ◽  
Legal Responses ◽  
Online Business ◽  
Ip Law

The emergence of the Internet has changed the ways in which we create, distribute, access, and use information. The Internet provides manifold opportunities for users, operators, businesses, and the public at large for speedy, cheap, and global dissemination of information, knowledge, research, and entertainment. At the same time, it also poses complex conceptual and empirical challenges for intellectual property and related rights. Works of intellectual property can be digitized and transferred over the Internet. Many trademarks have been placed on it by the companies for advertising and marketing goods and services. In the field of copyright, a number of works of literature, film and art, and notably computer programs, have been transferred over the Internet. The patent system has also migrated onto the Internet. It is now popular for companies to patent their online business methods. In the Internet Sphere, the infringer can easily misdirect consumers to its website by using another’s trademark as a meta-tag, and it is also easy to copy and distribute other’s copyright materials unlawfully. Due to global nature of the Internet, an Internet IP infringement usually happens not only within one country but also across borders. All of these have raised many difficulties for the protection of IPRs in Internet sphere. Therefore everyone has been dubious of what the actual laws concerning Intellectual Property rights are in relation to Internet sphere. Today the Internet explosion has made the question of how to enforce IP law on a global scale as an imperative issue. In this Article, the author tries to accentuate the existing as well as changing IPR challenges brought about by the Internet and project what issues a national legislature should consider to meet the demands of the digital revolution. The core object of this study is to scrutinize the compelling factors behind the Intellectual Property Rights Infringements through the Internet and investigate the existing Legal Responses in International, Regional and Local levels. However, the findings demonstrate that mass-awareness, consensus and mutual co-operation among the developed and developing countries, proper enforcement of the existing laws as well as bringing amendments to some areas of Law can be cited as a potential solution.  

19. The relationship between intellectual property rights and competition law

2021 ◽  
pp. 807-851
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
Technology Transfer ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Competition Law ◽  
Controversial Subject ◽  
General Terms ◽  
The Relationship ◽  
Block Exemption ◽  
The Way

This chapter considers the relationship between intellectual property rights and competition law. After a brief introduction, it deals in general terms with the application of Article 101 to licences of intellectual property rights. The chapter proceeds to discuss the provisions of Regulation 316/2014, the block exemption for technology transfer agreements. It also considers the application of Article 101 to various other agreements concerning intellectual property rights such as technology pools and settlements of litigation. This is followed by a section on the application of Article 102 to the way in which dominant undertakings exercise their intellectual property rights, including an examination of the controversial subject of refusals to license intellectual property rights which are sometimes found to be abusive. The chapter concludes with a look at the position in UK competition law.

scholarly journals Urgency of changes in legal regulation of property relations on plant varieties in connection with recodification of the Civil Code of Ukraine

2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Pushkar Maryna ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Regulation ◽  
Civil Code ◽  
Property Right ◽  
Intellectual Property Right ◽  
Intellectual Property Rights Protection ◽  
Plant Variety ◽  
State Registration

The urgency of the study liesin the development by scientists of the draft Law on recodification (update) of civil legislation of Ukraine. The article analyzes the norms of the Civil Code of Ukraine in the field of state registration of intellectual property rights to plant varieties for compliance with international norms, the binding nature of which is recognized by Ukraine. The norms of Article 485 of the Civil Code of Ukraine stipulate that the intellectual property right to a plant variety consists of: 1) personal in tangible intellectual property rights to a plant variety, certified by state registration; 2) intellectual property rights to a plant variety, certified by a patent; 3) property right of intellectual property for the distribution of plant varieties, certified by state registration. Norms of international acts in the field of intellectual property, namely: the International Convention for the Protection of New Varieties of Plants, the Association Agreement between Ukraine and the EU, Council Regulation (EC) № 2100/94 of July 27, 1994 «On Plant Variety Rights» property rights to plant varieties: certified by a patent and certified by the state registration for the distribution of plant varieties is not provided. This legislative discrepancy can be a serious obstacle to the protection of plant variety rights, especially at the time of litigation. This is a negative factor for cooperation in agriculture and breeding, as well as in the sector of ensuring a competitive environment in agricultural production. Keywords: intellectual property, legal regulation, registration of intellectual property rights to plant varieties, intellectual property rights to a plant variety, certified by a patent, intellectual property rights to the distribution of plant varieties, certified by state registration, protection of intellectual property rights, protection of new plant varieties

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