scholarly journals CELEBRITY PERSONA: LEGAL RIGHTS IN MALAYSIA

2020 ◽  
Vol 5 (19) ◽  
pp. 145-155
Author(s):  
Nor Azlina Mohd Noor ◽  
Ahmad Shamsul Abd Aziz ◽  
Mazita Mohamed
Keyword(s):  
Social Media ◽  
Intellectual Property ◽  
Personal Data ◽  
Legal Protection ◽  
The United States ◽  
Legal Rights ◽  
Property Law ◽  
Intellectual Property Law ◽  
Personal Data Protection ◽  
Legal Provisions

A celebrity has its own persona and has a right that can be protected by the law. The status of a celebrity can be obtained in certain circumstances such as through birth or descent as well as through skills or occupation. Celebrity rights are special and unique rights. This is because the right seems to be the property and belongs to the celebrity. The words celebrity is often associated with fame, money, power, publicity, extravaganza, achievements, fandom, culture, and is sometimes matters relating to scandal or even for something shameful. Accordingly, the public has no right to arbitrarily use the celebrity's right. Celebrity rights can be made up of three main rights which are personality, privacy, and publicity rights. In the age of social media, almost everyone can be a celebrity. Therefore, legal protection for celebrities is very important to be discussed. In Malaysia, there is no specific legislation regarding celebrity rights such as those found in other countries such as the United States. An issue that needs to be taken into account is in the absence of the specific law, how do the rights of these celebrities are legally protected in Malaysia. Therefore, this article discusses celebrity rights and related laws in Malaysia, especially under intellectual property law. This article applied the method of legal research through library research. This article concludes that while Malaysia does not have any specific legal provisions for celebrity rights, the infringement of celebrity rights can be catered upon through a variety of relevant laws such as intellectual property law like several provisions relating to copyright and trademark protection. In addition, with the advent of social media, celebrity rights are also protected by laws such as the Communications and Multimedia Act 1998. Privacy-related laws such as the Tort law and the Personal Data Protection Act 2010 can also be used to protect these celebrity rights.

U.S. Patent/Intellectual Property Law: What Should Engineers Know?

2000 ◽  
Author(s):  
Jeff E. Schwartz ◽  
Richard T. Girards ◽  
Karen A. Borrelli
Keyword(s):  
Intellectual Property ◽  
Legal Rights ◽  
Property Law ◽  
Intellectual Property Law ◽  
New Methods ◽  
Property System ◽  
The U.S

Abstract Engineers, by the practice of their profession, regularly apply new methods and products to the end of solving old problems. These new methods and products may prove to be both commercially useful and financially valuable. The U.S. intellectual property system can afford such innovations broad protection from old fashioned “poaching” by securing for their creators/inventors powerful legal rights to such innovations.

scholarly journals The series of trademarks: theory, legislation, law enforcement

2021 ◽  
pp. 45-53
Author(s):  
Nataliia Myronenko
Keyword(s):  
Law Enforcement ◽  
Intellectual Property ◽  
Legal Protection ◽  
Property Law ◽  
The European Union ◽  
Association Agreement ◽  
Intellectual Property Law ◽  
Goods And Services ◽  
European Court ◽  
Ip Law

Key words: trademark, series of signs, dominant element, originality, resolution The article, based on the analysis of the doctrine of intellectual property law,legislation of Ukraine, law enforcement practice, examines the state and prospects ofproviding legal protection of a series of trademarks. To overcome the existing gap inthe legislation of Ukraine, the need to amend the Law of Ukraine «On Protection ofRights to Marks for Goods and Services» is justified. It is proposed to define «a seriesof marks as a set of trademarks belonging to one owner of interdependent rights, interconnected by the presence of the same dominant verbal, figurative or combined element,having phonetic and semantic similarity, and may also bear minor graphic differencesthat do not change the essence of the trademarks. The lack of definition ofthe term «dominant element» in the legislation is emphasized. Based on the provisionsof the philosophy and doctrine of intellectual property law, the dominant elementmeans the smallest indivisible component of the trademark, which is originaland not descriptive. Based on this, its main features are distinguished: originalityand indivisibility.It is proved that the same position of the dominant element in the structure of allsigns is necessary to create a stable image of consumers in relation to a particularproduct and its manufacturer. Examples of court decisions on recognition or refusal toprovide legal protection to trademarks are given.In the context of reforming the legislation of Ukraine in terms of its approximation toEU legislation and the development of relevant case law, which must meet Europeanstandards, the expediency of using the legal positions of such a leading democratic courtas the European Court of Justice is justified. Attention is drawn to the fact that the decisionof the ECJ is not a source of law for resolving disputes of this category by the courtsof Ukraine. At the same time, they are a source of harmonious interpretation of the nationallegislation of Ukraine in accordance with the established standards of the legalsystem of the European Union. It is proved that this conclusion is consistent with thepurpose and objectives to be solved in the country in the process of implementing the provisionsof the Association Agreement in the legislation of Ukraine. Proposals are formulatedto improve the quality of legislation in the field of IP law.

scholarly journals Beyond Invention: Patent as Knowledge Law

2017 ◽  
Author(s):  
Michael J Madison
Keyword(s):  
Intellectual Property ◽  
Subject Matter ◽  
Cultural Influences ◽  
The United States ◽  
Copyright Law ◽  
Property Law ◽  
Intellectual Property Law ◽  
Starting Point ◽  
Invention Patent ◽  
Patentable Subject Matter

The decision of the Supreme Court of the United States in Bilski v. Kappos, concerning the legal standard for determining patentable subject matter under the American Patent Act, is used as a starting point for a brief review of historical, philosophical, and cultural influences on subject matter questions in both patent and copyright law. The article suggests that patent and copyright law jurisprudence was constructed initially by the Court with explicit attention to the relationship between these forms of intellectual property law and the roles of knowledge in society. Over time, explicit attention to that relationship has largely disappeared from the Court’s opinions. The article suggests that renewing consideration of the idea of a law of knowledge would bring some clarity not only to patentable subject matter questions in particular but also to much of intellectual property law in general.

scholarly journals INTERCONNECTIVITY AND DIFFERENCES OF THE (INFORMATION) PRIVACY RIGHT AND PERSONAL DATA PROTECTION RIGHT N THE EUROPEAN UNION

2017 ◽  
Vol 30 (3) ◽  
pp. 125-135
Author(s):  
Zana Pedic
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Legal Protection ◽  
Information Privacy ◽  
Legal Rights ◽  
The European Union ◽  
Personal Data Protection ◽  
Contact Points ◽  
Protection Legislation ◽  
Right To Information

Right to (information) privacy and right to personal data protection have many common contact points. However, the very act of developing data protection, as a younger right into the sui generis right shows that these two rights are not the same and that there are differences between them, huge enough to make them separate legal rights. The main trigger for noticing their different nature, purpose and background and for development of the data protection into the separate right was the revolution in the information technology solutions. This IT progress, for the first time, enabled massive and relatively cheap operations with the personal data and brought not only concern about the security of the personal data, but also unbelievable business possibilities. It was the turning point for the codification of the data protection right which started from 1970ies, aiming to create separate rules and legislation which will understand the importance of not only of protecting personal data but of their regulated and lawful usage. Despite all what was said, there is still certain confusion regarding these two rights, mainly because in the initial phase of the massive usage of the new IT solutions, when the data protection legislation still wasn’t developed, information privacy right served as the only legal protection of the data protection right and the relationship between these two rights is complex even today and deserves to be further researched

Ownership of Collaborative Works in the Cloud

2015 ◽  
Vol 11 (4) ◽  
pp. 35-51 ◽  
Author(s):  
Marilyn Phelps ◽  
Murray E. Jennex
Keyword(s):  
Knowledge Management ◽  
Intellectual Property ◽  
Cloud Storage ◽  
Legal Protection ◽  
Property Law ◽  
Legal Environment ◽  
Intellectual Property Law ◽  
Networking Technologies

Increased usage of cloud storage and other networking technologies in knowledge management (KM) systems leave companies vulnerable to loss of proprietary rights as intellectual property law struggles to keep up with these advances. This paper reviews the current legal environment surrounding cloud and collaborative KM, discusses the implications for KM, and makes recommendations for how gaps between legal protection for intellectual property and KM can be overcome/corrected. Additionally, the paper explores how aware KM personnel are of this risk and proposes a further study using the who owns it game.

The Protection of Traditional Knowledge in the Knowledge Economy: Cross-Cutting Challenges in International Intellectual Property Law

2012 ◽  
Vol 14 (2) ◽  
pp. 137-178 ◽  
Author(s):  
Teshager Dagne
Keyword(s):  
Intellectual Property ◽  
Traditional Knowledge ◽  
Economic Integration ◽  
Knowledge Economy ◽  
Legal Protection ◽  
Property Law ◽  
Global Knowledge ◽  
Intellectual Property Law ◽  
Equitable Sharing ◽  
Scope Of Protection

Abstract This article explores and analyses existing frameworks and current initiatives for legal protection of traditional knowledge (TK) in international intellectual property law. The need to protect TK and to secure fair and equitable sharing of benefits derived from its use is accepted in major forums of international intellectual property law-making. Considerable differences exist, however, on the mode and scope of protection, and the extent to which the issue of TK protection can be addressed in respective institutions entrusted with the task: the CBD, WIPO, WTO, and FAO. In this article, general trends and specific problems that underlie demands for the protection of TK are analysed in light of contemporaneous trends of global economic integration in the age of global knowledge economy. After consideration of challenges and threats to TK that need to be addressed through a protection system, initiatives for the protection of TK in national and international frameworks are analytically explored, and various proposals and approaches for protection are critically examined.

scholarly journals Access to generic antiretrovirals: inequality, intellectual property law, and international trade agreements

2007 ◽  
Vol 23 (suppl 1) ◽  
pp. S85-S96 ◽  
Author(s):  
Arachu Castro ◽  
Michael Westerhaus
Keyword(s):  
Public Health ◽  
Intellectual Property ◽  
Universal Access ◽  
Trade Agreements ◽  
The United States ◽  
Patent Law ◽  
Essential Medicines ◽  
Property Law ◽  
Middle Income ◽  
Intellectual Property Law

The governments of numerous low- and middle-income countries are currently instituting rules that strengthen changes in domestic intellectual property legislation, often made to conform to the mandates of "free" trade agreements signed with the United States. These measures frequently include intellectual property provisions that extend beyond the patent law standards agreed upon in recent World Trade Organization negotiations, which promised to balance the exigencies of public health and patent holders. In this paper, we analyze the concern that this augmentation of patent law standards will curtail access to essential medicines, particularly as they relate to the AIDS pandemic. We critically examine the potential threats posed by trade agreements vis-à-vis efforts to provide universal access to antiretroviral medications and contend that the conditioning of economic development upon the strengthening of intellectual property law demands careful attention when public health is at stake. Finally, we examine advocacy successes in challenging patent law and conclude that greater advocacy and policy strategies are needed to ensure the protection of global health in trade negotiations.

Sign in / Sign up

Export Citation Format

Share Document