GENERAL ISSUES OF INTELLECTUAL PROPERTY PROTECTION AND PROTECTION

2020 ◽  
Author(s):  
Хусейн Вахаевич Идрисов ◽  
Тамила Джониевна Мимулатова
Keyword(s):  
Intellectual Property ◽  
Intellectual Property Protection ◽  
Creative Activity ◽  
Legal Definition ◽  
Definition Of ◽  
Intellectual Property Infringement

Статья посвящена одному из важнейших вопросов, связанных с творческой деятельностью человека - охране и защите результатов этой деятельности. В работе приводится характеристика основных видов интеллектуальных прав, а также перечисляются средств охраны и защиты интеллектуальных прав. Кроме того, в рамках статьи приводится легальная дефиниция понятия нарушения интеллектуальных прав. The article is devoted to one of the most important issues related to human creative activity - the protection and protection of the results of this activity. The paper describes the main types of intellectual rights, as well as lists the means of protection and protection of intellectual rights. In addition, the article provides a legal definition of the concept of intellectual property infringement.

Research on Intellectual Property Protection under Network Information Sharing Environment

2014 ◽  
Vol 687-691 ◽  
pp. 1991-1994 ◽  
Author(s):  
Ni Xue
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Intellectual Property Protection ◽  
Network Environment ◽  
Network Information ◽  
Incentive Theory ◽  
Depth Analysis ◽  
Intellectual Property Infringement ◽  
Network Sharing

As a powerful weapon of an acceleration of technological progress and economic development the intellectual property protection system also has an unprecedented attention. The development of digital technology significantly increased possibility of the intellectual property infringement behavior. In this paper, the network sharing of information is bound to increase behaviors network infringement of intellectual property rights, and increase the difficulty of intellectual property protection. Through summarizing the characteristics of network intellectual properties and information network sharing under the network environment, the contradictory and unified relationship between network sharing and intellectual property protection is made in-depth analysis. This paper attempts to think the rationality of the existence of intellectual property rights under the network environment, and research the legitimacy of Internet intellectual property rights and Internet environment protection of intellectual property rights interests balance theory and incentive theory problems.

scholarly journals Exploration of Intellectual Property Protection Strategies for Cross-border E-commerce

2021 ◽  
Vol 245 ◽  
pp. 01062
Author(s):  
ChunYi Lin
Keyword(s):  
Intellectual Property ◽  
Rapid Development ◽  
Intellectual Property Protection ◽  
The Internet ◽  
Cross Border ◽  
One Belt One Road ◽  
Protection Strategies ◽  
Intellectual Property Strategy ◽  
The One ◽  
Intellectual Property Infringement

Abstract— The continued advancement of the “One Belt, One Road” strategy, coupling with the rapid development of the Internet, has provided a convenient online platform for cross-border e-commerce enterprises. China’s cross-border e-commerce enterprises have made unprecedented progress. However, at the same time, the problem of intellectual property infringement in cross-border e-commerce has become increasingly prominent, seriously restricting the development of China’s cross-border e-commerce enterprises. On the basis of analyzing the intellectual property strategy of enterprises. This paper describes the necessity of creating an intellectual property strategy for cross-border e-commerce enterprises, and proposes strategies for building relevant intellectual property strategies aimed at the weak awareness of intellectual property and the copycatting of enterprise products, which are common in the operation of cross-border e-commerce enterprises in China.

scholarly journals National strategy for development and protection of the sphere intellectual property

2021 ◽  
Vol 12 (4) ◽  
Author(s):  
Svitlychnyy Oleksandr ◽  
Keyword(s):  
Intellectual Property ◽  
Intellectual Property Protection ◽  
The State ◽  
System Structure ◽  
State Enterprise ◽  
National Strategy ◽  
National Authority ◽  
National Body ◽  
The One ◽  
Definition Of

In recent years, Ukraine has received not only new legislation, a new regulator, but also a new National Intellectual Property Authority. On the initiative of the Ministry of Economy of Ukraine, the Cabinet of Ministers of Ukraine 13.10.2020 № 1267-r, in pursuance of subparagraph 1 of paragraph 7 of section II «Final and transitional provisions» of the Law of Ukraine of 16.06.2020 № 703-IX «On Amendments to Certain Laws of Ukraine on the Establishment of a National Intellectual Property Authority» determined that the state enterprise «Ukrainian Institute of Intellectual Property» performs the functions of the National Intellectual Property Authority. Given that the state structures considered six options for the formation of a new national body, the definition of a temporary state enterprise «Ukrainian Institute of Intellectual Property» as the National Intellectual Property Authority, on the one hand was the best solution, and on the other, the intellectual property protection system to some laws of Ukraine on the establishment of a national intellectual property body, has undergone significant changes, which could not affect the entire system of intellectual property protection in the state. Keywords: intellectual property, legislation, reorganization, national authority, system, structure

scholarly journals The Audience in Intellectual Property Infringement

2016 ◽  
Author(s):  
Mark Lemley
Keyword(s):  
Intellectual Property ◽  
Copyright Law ◽  
Patent Law ◽  
Legal Rules ◽  
Definition Of ◽  
The Right ◽  
Intellectual Property Infringement

Every IP right has its own definition of infringement. In this paper, wesuggest that this diversity of legal rules is largely traceable todifferences in the audience in IP cases. Patent, trademark, copyright, anddesign patent each focus on a different person as the fulcrum forevaluating IP infringement. The fact that patent law focuses on an expertaudience while trademark looks to a consumer audience explains many of thedifferences in how patent and trademark cases are decided. Expert audiencesare likely to evaluate infringement based on the technical similaritybetween the plaintiff’s and defendant’s works. Consumers, by contrast, arelikely to pay more attention to market substitution and less attention tohow things work under the hood. Understanding the different audiences in IPinfringement is critical to understanding how the IP regimes defineinfringement.The focus on audience has normative as well as descriptive implications.Neither patent law, with its focus on experts and technical similarity, nortrademark law, with its market-based consumer focus, has it entirelycorrect. Rather, we suggest that as a general matter infringement of an IPright should require both technical similarity and market substitution.Assessing infringement through the expert’s eyes ensures that the lawprevents closely related works in the field while allowing latercontributions to the field that are sufficiently different. The consumervantage point ensures that we protect IP owners only when they have beenharmed in the marketplace.IP owners who want to show infringement should have to show both that thedefendant’s work is technically similar to their own from the expert’svantage point and that the defendant’s use causes the plaintiff marketharm. Copyright law, which does look both to experts and to consumers atvarious points in infringement analysis, is on the right track.

The mechanism for intellectual property protection under Chinese e-commerce law: more powerful than necessary

2020 ◽  
Vol 10 (2) ◽  
pp. 217-237
Author(s):  
Huaiwen He
Keyword(s):  
Intellectual Property ◽  
Good Governance ◽  
Intellectual Property Protection ◽  
Common Interest ◽  
Ceteris Paribus ◽  
Commerce Law ◽  
Preliminary Injunction ◽  
Degree Of Certainty ◽  
Sufficient Degree ◽  
Intellectual Property Infringement

The notification and taking down procedure of the newly enacted Chinese E-Commerce Law is uncannily applicable to all infringements of all categories of IP in selling all kinds of goods on e-platforms, even to those which cannot be determined with a sufficient degree of certainty on available evidence by the e-platform. This mechanism overreaches grounds for the DMCA notification and taking down procedure and Chinese preliminary injunction. It overstrains e-platforms’ capabilities to assess intellectual property infringement and is indifferent to e-platforms’ lack of legal and technological expertise. It is wrong to be obsessed with the DMCA procedure – which is ceteris paribus – without measuring up to the distinctive e-platforms, e-sellers and e-businesses. Both e-platforms and e-sellers fundamentally have a common interest in the good governance of the platforms. It is out of place for the Chinese E-Commerce Law to encourage e-platforms to be a conduit for passing notifications and to take measures upon notifications of IP infringement mechanically and unscrupulously.

scholarly journals Blockchain Technology Development as Tool for Enhancing Security in Management and Protection of Intellectual Property Rights in Additive Manufacturing

2021 ◽  
Vol 11 (2) ◽  
pp. 1184-1200
Author(s):  
Vladimir Dmitrievich Sekerin
Keyword(s):  
Additive Manufacturing ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Asset Management ◽  
Technology Development ◽  
Intellectual Property Protection ◽  
Digital Platform ◽  
Blockchain Technology ◽  
Definition Of

The purpose of the study is to analyze the capabilities of blockchain technology as a tool for enhancing the security in management and protection of intellectual property rights in additive manufacturing. The study is research-oriented and is an introduction to the use of blockchain technology for intellectual property protection. The following methods are used in the study: the analysis of documents on the use of blockchain technology in industrial asset management and the protection of content creators' rights, as well as the expert survey to assess the reliability of the selected sources. The authors introduce the term blockchain and discuss the capabilities of this technology for intellectual property protection in the field of design and production. A digital platform is proposed to enable the file exchange. Moreover, the authors describe the three main steps for developing a digital platform based on blockchain technology: the development of specialized tokens to reward users, the definition of conditions that should be included in smart contracts and the size of awards and incentives for each interested party that gains access to the platform.

CRIMINAL-LEGAL DEFINITION OF HOME VIOLENCE CONCEPT ACCORDING TO UKRAINIAN LEGISLATION

2019 ◽  
Vol 3 ◽  
pp. 192-195
Author(s):  
S.V. Yakymova ◽  
◽  
N.I. Lesiak ◽  
Keyword(s):  
Legal Definition ◽  
Definition Of

Transformation of the intellectual capital structure and a growth in the significance of its components – human capital and intellectual property – in today's economy

2020 ◽  
Vol 16 (4) ◽  
pp. 745-758
Author(s):  
S.N. Larin ◽  
E.Yu. Khrustalev ◽  
N.V. Noakk
Keyword(s):  
Human Capital ◽  
Economic Development ◽  
Intellectual Property ◽  
Intellectual Capital ◽  
Global Economy ◽  
Information Technologies ◽  
Economic Community ◽  
Intellectual Activity ◽  
Accelerated Growth ◽  
Definition Of

Subject. Currently, as the global economy evolves, its innovative components should demonstrate a tendency of accelerated growth as intellectual capital, information technologies, increasing knowledge and digitization of mushrooming production processes. Nowadays, intellectual capital is one of the economic development drivers. However, the economic community is found to have no generally accepted wording of the concept, thus laying the basis for this article. Objectives. The study sums up the analysis of approaches used by the Russian and foreign economists to determining the economic substance of intellectual capital. We also identify the importance of human capital as its components and specify the definition of the concept. Methods. The article overviews and analyzes proceedings by the most renowned authors, which substantiate how the economic substance of intellectual capital should be unveiled, and suggest its definitions. Results. We specified the definition of intellectual capital concerning the current economic development. We suggest integrating a new component into intellectual capital, such as intellectual property, which includes products of intellectual activity and intangible assets. They can be owned by the entity or other legal entities and individuals, including some employees of the entity. Conclusions and Relevance. The specified definition of intellectual capital will help address issues of sustainable economic development and ensure the competitiveness of the Russian entities nationwide and worldwide, since it directly contributes to intellectual capital and its components.

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