scholarly journals Standards Requirements as a Means of Prevention Infringement of Intellectual Property

2020 ◽  
pp. 128-136
Author(s):  
Tetiana G. POPOVYCH
Keyword(s):  
Intellectual Property ◽  
Pharmaceutical Industry ◽  
Public Relations ◽  
International Standards ◽  
World Intellectual Property Organization ◽  
The European Union ◽  
Industrial Property ◽  
Property Relations ◽  
Wide Range ◽  
Formal Rules

The publication proposes to consider standardization as a special tool for regulating public relations, which arise in the field of intellectual property, including in the pharmaceutical industry. It is proposed to apply the requirements of standardization as formal rules, which allow denial of rights in this area. It is noted that despite the common nature all intellectual property have very specific process for the creation, purpose and methods of use. Therefore, these issues are regulated by acts with special content, dedicated to the protection of various intellectual property. The functions of special laws are: complex regulation of relations in the field of use of a particular object, including the public law sphere, detailing the property relations regulated by the Civil Code of Ukraine, definition of all important concepts and terms. They also are a convenient way to fill gaps, as practice detects. Intellectual property must be properly organized and formalized in documents (standardized). Standardization is associated with our products, which are mass, where each unit should not differ from the others. The paradox is that standardization plays a significant role in managing the economy to increase the efficiency and productivity of social production and improve product quality. A characteristic feature of standardization is that its scope and application development level have a wide range. There is no sphere of human activity, which was not involved in standardization. With the spread and deepening of knowledge, the development of science and technology, the improvement of production, the scope of work is growing significantly and the scope of application of the principles of standardization is expanding. From the purpose of standardization we can conclude that it is the organizational and technical basis of all activities at both the national and international levels. Strengthening scientific, technical and economic ties draws attention to the standardization of all developed and developing countries, as well as technical, economic, international, regional and national organizations, businesses and individuals. This is the result of objective necessity streamline management processes and economic production processes. In the field of pharmacopoeia ISO-standards are internationally applicable. These are mostly standards for equipment in the pharmaceutical industry. The standards of the World Intellectual Property Organization are aimed at solving the problem of standardization of patent information and documentation. The development of intellectual property relations includes the harmonization (adaptation) of Ukrainian legislation to the international standards for regulation of economic relations, to the legislation of international economic unions, including all those unions which Ukraine participates in or plans to participate (including the European Union). In 1997, Ukraine initiated a system of state standards in the field of industrial property and commissioned standards DSTU 3574-97 (Patent form. The main provisions.Drawing up and design) and DSTU 3575-97 (Patent research.The main provisions and procedures). The author proposes to understand standardization and other means of regulatory influence of the state as those that are able to balance public and private interests, which will allow the development of industries that have mixed regulation, including intellectual property rights. If we consider standardization as a means of regulation is a legal category to achieve a specific result, it is a way to influence the relationship of intellectual property (constraining external factors on the will of the subjects) and the right way (creating formal rules to secure the rights of subjects). This is how the combination of private and public in the field of intellectual property takes place. Keywords: WIPO standards, DSTU, intellectual property relations, private law, public relations.

scholarly journals Intellectual property law in the field of sports: specifics of manifestations and features of legal regulation

2021 ◽  
Vol 39 (69) ◽  
pp. 530-546
Author(s):  
Evgen Kharytonov ◽  
Olena Kharytonova ◽  
Maxym Tkalych ◽  
Inna Bolokan ◽  
Hanna Samilo ◽  
...  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Public Relations ◽  
Intellectual Property Rights ◽  
Legal Regulation ◽  
Property Law ◽  
Sports Law ◽  
Intellectual Property Law ◽  
Legal Method ◽  
Wide Range

The article aims to explore the relationships that arise with respect to intellectual property rights in sports. The objectives of the article are to establish points of contact between intellectual property law and sports, as well as a detailed analysis of relevant public relations in terms of intellectual property law and sports law. To achieve the objectives of the article, the authors used a number of scientific methods, among which the main methods are analysis, synthesis and comparative-legal method. The authors of the study concluded that modern sport is developing in close intertwining with intellectual property rights, because only in this way can a sports spectacle be conveyed to a wide range of spectators and consumers in a broad sense. In addition, the range of points of contact between intellectual property and sports law is constantly growing and such can now be called not only patents and trademarks in sports, but also copyright, "image" rights, know-how in sports and the like.

Regulating Access and Protecting Traditional Health Knowledge through Intellectual Property Rights? Issues from a Holistic Health Systems Perspective

2018 ◽  
Vol 23 (3) ◽  
pp. 504-529 ◽  
Author(s):  
Ritu Priya ◽  
Chris M. Kurian
Keyword(s):  
Intellectual Property ◽  
Pharmaceutical Industry ◽  
Property Rights ◽  
Health Systems ◽  
Intellectual Property Rights ◽  
Health Knowledge ◽  
Systems Approach ◽  
Holistic Health ◽  
World Intellectual Property Organization ◽  
Traditional Health

Traditional Health Knowledge (THK) has been a resource for modern pharmacology and the pharma-ceutical industry since its inception. Until the 2000s, there was little obligation to acknowledge the use of THK by the pharmaceutical industry. Now, with the intellectual property regime becoming a prominent mode of regulating use of pharmaceutical inventions and innovations, and attempts by the pharmaceutical industry to patent products based on THK, rights of THK holders are being fore-grounded. The World Intellectual Property Organization (WIPO) is seeking to protect the rights of THK holders through international legal instruments under the Intellectual Property Rights (IPR) framework. This article discusses dilemmas arising from this attempt at bringing together two diverse knowledge frameworks. It draws upon existing literature on the nature of THK and upon the debates of the WIPO’s Inter-Governmental Committee on Genetic Resources, Traditional Knowledge and Traditional Cultural Expression (WIPO-IGC), and analyses them from the standpoint of a holistic health systems approach (HHSA) in an era of Sustainable Development Goals (SDGs). The approach leads to the conclusion that deliberations and promulgations of the WIPO-IGC will have long-lasting implications for the survival of diversity and context-specificity in healthcare. Therein lies the significance of thinking through the policy and legal measures to be adopted nationally and internationally.

Rhetorics of Power and Development: Intellectual Property Rights and The Pharmaceutical Industry in Brazil

2007 ◽  
Vol 6 (4) ◽  
pp. 585-610 ◽  
Author(s):  
Ariane McCabe
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Pharmaceutical Industry ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Regulatory Framework ◽  
Property Law ◽  
Industrial Property ◽  
Rights Discourse

AbstractThis paper examines the rise of an intellectual property (IP) rights discourse and highlights how it has been translated into national IP regimes. Recently, IP has become a polarizing concept, and attention has focused on questions that are overly narrow in scope. The characterization of the issue in simplistic dichotomous terms has ignored complex realities of developing countries. The case of Brazil is to highlights the complex ways in which the local pharmaceutical industry has been shaped by and has responded to the regulatory framework that has been established since and including the passage of the 1996 Industrial Property Law.

scholarly journals Technological and scientific prospecting of sugar cane bagasse flour (saccharum officinarum l.)

2020 ◽  
Vol 9 (7) ◽  
pp. e503974385
Author(s):  
Iraíldo Francisco Soares ◽  
Michele Alves de Lima ◽  
Luan Ícaro Freitas Pinto ◽  
Daniel Rocha Cardoso ◽  
Robson Alves da Silva
Keyword(s):  
Intellectual Property ◽  
Sugar Cane ◽  
The United States ◽  
Saccharum Officinarum ◽  
Sugar Cane Bagasse ◽  
Market Potential ◽  
World Intellectual Property Organization ◽  
Human Consumption ◽  
Industrial Property ◽  
Bagasse Flour

Sugar cane bagasse flour (Saccharum officinarum L.) is a promising product and has great market potential with application in human food. With the help of technological and scientific prospecting, it is possible to guide and cover the view on research about the use of this material in the area of food science. With that, the objective was to investigate the existence of the development of sugarcane bagasse flour in technological and scientific databases. The patent bases analyzed were the National Institute of Industrial Property (NIIP), the World Intellectual Property Organization (WIPO), the United States Patent and Trademark Office (USPTO) and the Espacenet Patent Search database. The scientific platforms analyzed were Scientific Electronic Library Online (SciELO), Web of Science, Pubmed and Portal Periódicos Capes (Brazil). Brazil has made progress in intellectual production on patent bases, however, no technological and / or scientific record has been identified regarding the use of flour for human consumption in the analyzed period. From this, it is necessary, then, to carry out research on the food potential of this flour, mainly in Brazil, since the country is considered the largest producer of sugarcane, having a vast material to be explored, developing functionality in the development of new products and increasing intellectual property in the area.

scholarly journals Industrial Intellectual Property as the EU’s Innovative Development Factor

2021 ◽  
Vol 104 (4) ◽  
pp. 107-118
Author(s):  
Darya Soldatenko ◽  
Keyword(s):  
Intellectual Property ◽  
Innovation Policy ◽  
High Tech ◽  
Successful Implementation ◽  
The European Union ◽  
Industrial Property ◽  
Eu Member States ◽  
Development Factor ◽  
Trademark Protection ◽  
The Eu

The article addresses correlation between the use of different intellectual property objects and the general goals of innovation policy of the EU. The subject of the research is industrial intellectual property along with trademarks and patents for inventions. The research period is limited to 2010‒2019. Based on the data from annual European innovation board and analysis of the dynamics of the activity of the EU member states in the field of intellectual property, the author identifies a group of EU countries that have the biggest potential in the use of the stipulated industrial property. It is show that trademark protection is mostly used in the medium and high-tech industries of the sample countries. However, there is a certain differentiation in the scale and dynamics of its application. Moreover, the author points out a high interest of the third countries such as USA, Japan and China in obtaining competitive advantages in the EU market through registration of a trademark in the European Union intellectual property office. The unified patent system in the EU is still at the preliminary stage as the most used national patent systems within the EU are the German and the French ones. The analysis demonstrates advantages of intellectual property systems in the Netherlands and Sweden. The author concludes that the successful implementation of the EU innovation policy through the creation of a system of exclusive industrial property rights is under way.

scholarly journals Patents and licensing in pharmaceutical industry

2015 ◽  
Vol 61 (01) ◽  
pp. 51-59
Author(s):  
Katerina Ancevska Netkovska ◽  
Jasmina Tonic Ribarska ◽  
Aleksandra Grozdanova ◽  
Zoran Sterjev
Keyword(s):  
Intellectual Property ◽  
Pharmaceutical Industry ◽  
Property Rights ◽  
Management Style ◽  
Industrial Property ◽  
Know How ◽  
Patent License ◽  
License Agreements ◽  
The Status ◽  
The Right

Intellectual property rights (IPR) have been defined as ideas, inventions, and creative expressions based on which there is a public willingness to bestow the status of property. IPR provide certain exclusive rights to the inventors or creators of that property, in order to enable them to reap commercial benefits from their creative efforts or reputation. There are several types of intellectual property protection like patent, copyright, trademark, etc. Patent is recognition for an invention, which satisfies the criteria of global novelty, non-obviousness, and industrial application. IPR is prerequisite for better identification, planning, commercialization, rendering, and thereby protection of invention or creativity. Each industry should evolve its own IPR policies, management style, strategies, and so on depending on its area of specialty. Pharmaceutical industry currently has an evolving IPR strategy requiring a better focus and approach in the coming era. The protection of inventions with patents in the pharmaceutical industry have a specific role in the development of society and represent one of the drivers of economic development. The license agreements are considered as one of the most common types of transfer of industrial property rights. The right holders often transfer their rights to patents by concluding licensing agreement. While the patent license may give the license a right to use the technology many license agreements have provisions for the transfer of know-how in addition to the patent.

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

Development of the intellectual property service in Ukraine on the example of the Institute of oilseed crops of the NAAS

2021 ◽  
pp. 137-145
Keyword(s):  
Intellectual Property ◽  
Scientific Research ◽  
Legal Protection ◽  
Patent Law ◽  
World Intellectual Property Organization ◽  
Industrial Property ◽  
Intellectual Activity ◽  
Oilseed Crops ◽  
Utility Models ◽  
The Creation

The history of development of industrial property of Ukraine, objects of intellectual property and relations which arise at their creation and use are considered. The main results of scientific research on the creation of intellectual property of the Institute of Oilseed Crops of the National Academy of Agrarian Sciences of Ukraine (hereinafter IOC NAAS) are highlighted and analyzed. The research was conducted as part of the ongoing monitoring of intellectual property legislation on the legal protection of research results of the IOC NAAS and as part of marketing and patent research to position the institution as an originator of oilseeds. The purpose of the research is to investigate changes in the legislation on industrial property of Ukraine, intellectual property objects and relations that arise during their creation and use, to analyze the main results of scientific research on the creation of intellectual property objects of IOC NAAS (2001–2020). In the process of research, for a detailed study of the stages of the formation of patent legislation, legislative and regulatory acts of Ukraine were used concerning the regulation of intellectual activity and intellectual property, materials from professional periodicals, articles and abstracts published in scientific collections and materials of scientific and practical conferences, Internet resources, monographs and printed works of scientists, manuals, patents and inventions for useful models of the IOC NAAS. Research methods – quantitative, qualitative and comparative analysis. Methodology – according to the algorithm of constant monitoring and conducting patent and marketing research. The term "intellectual property" was first used in the Convention Establishing the World Intellectual Property Organization (WIPO), adopted in Stockholm on July 14, 1967, and since then the term has been used in international conventions and legislation in many countries. The day of the adoption of the Law of Ukraine «On Property» in 1991 is considered to be the beginning of the formation of the legislation of Ukraine on intellectual property. This law for the first time recognized the results of intellectual activity as objects of property rights. At present, ensuring the implementation of state policy in the field of protection of rights to inventions and utility models in Ukraine is provided by the Ukrainian Institute of Intellectual Property (Ukrpatent) and belongs to the Ministry of Economic Development of Ukraine. IOC NAAS – a leading scientific institution in genetics, biotechnology, breeding and cultivation of basic and niche oilseeds, which focuses on the development of theoretical foundations of breeding, creation of modern breeding material, development of optimal agricultural techniques for its cultivation, organization of primary and industrial seed production, for the development and improvement of technical means and machines for separation, purification and waste-free processing of oilseeds. During the existence of the IOC NAAS, scientists have created 87 objects of patent law. The novelty and originality of scientific developments are confirmed by patents for inventions and utility models. At the time of writing, the Institute supports 23 patents.

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