Calculation Of Material And Moral Damage Caused To The Author Of The Composition

Author(s):  
Ulugbek Kholmurodovich Isanov ◽  

It is known that the protection of intellectual property rights and rights to it is an important factor in the development of this sector, increasing its investment attractiveness. After all, the formation of a class of intellectual property owners and the development of the necessary legal framework pose new challenges to the legal science as a topical issue today.

2021 ◽  
Vol 8 (2) ◽  
pp. 183-198
Author(s):  
Melanie Lane

Since COVID-19, the world has been constantly evolving to adapt. Finding a cure quickly became the focus worldwide which altered set approaches to intellectual property rights. Additionally, creating a controversial vaccine has led to several more questions for the future. With varying vaccines and standards throughout the world, travel, business, and trade may face new challenges which change the current systems.


2004 ◽  
Vol 4 (1) ◽  
pp. 97-114 ◽  
Author(s):  
Philippe Cullet ◽  
Jawahar Raja

This article analyzes the impacts of the international legal framework for the promotion of intellectual property rights on India's legal regime concerning the control over biological resources and inventions derived from biological resources. It focuses in particular on the newly adopted Biodiversity Act and Plant Variety Act as well as on amendments to the Patents Act and their organic relationship within the overall domestic legal framework. It analyzes these enactments in the context of the move towards the control of biological resources and derived products through property rights fostered by existing international treaties, in particular the TRIPS agreement and the biodiversity convention. This has impacts not only for control over biological resources and derived products but also more generally on the management of agriculture in India and other developing countries and the realization of food security and the human right to food at the individual level.


Author(s):  
Liene Vindele ◽  
Renāte Cāne

Copyright is one of the intellectual property rights whose main activity is to promote creativity and protect the ownership of the author. However, these rights are not absolute and are subject to certain restrictions.In the Berne Convention, Agreement on Trade-Related Aspects of Intellectual Property Rights and also WIPO Copyright Treaty embodied so-called “three-step test” allowing exceptions to copyright protection. They state that exceptions to copyright protection are admissible only in specific cases; if they comply with the rules of normal exploitation of the author's work; and do not unreasonably prejudice the legitimate rights of the author.While respecting the restrictions contained in international conventions, the Latvian Copyright Law also lays down various restrictions, when the author's work can be used without a special permit for the use of the author's work or for free, such as in the educational or research process. The free use of copyright-protected materials constitutes a restriction on the economic rights of copyright holders. These restrictions aim to strike a balance between the rights of the author and the interests of the public. Although copyright-protected works can be used in education almost everywhere in the world, restrictions on the exercise of these rights have not been clearly established.The aim of this paper is to research limits use of copyright-protected works in the educational process. Basis for this analysis will be the international and national legal framework about copyright exceptions in educational process.In the development of the research used an analytical method of scientific research, as well as a method of interpreting grammatical, teleological and historical legal norms. For the conclusions used inductive and deductive method of scientific research. 


Industrija ◽  
2021 ◽  
Vol 49 (1) ◽  
pp. 7-23
Author(s):  
Branko Radulović ◽  
Miljan Savić

The paper represents the first step in quantifying the categories of goods with the highest risk of being counterfeit during import into Serbia. Firstly, we present a methodology for quantifying the level of counterfeiting, its advantages, and its limitations. Secondly, we determine the product categories most likely to contain counterfeit products. Likewise, by using the OECD methodology, the GTRIC-p indicator for Serbia was formed, enabling comparison with OECD member countries. Based on the results, Serbia does not significantly differ from EU countries in terms of structure and product categories most at risk. The negative effects of imports of counterfeit products are borne mainly by the foreign intellectual property rights holders whose counterfeit products are imported into Serbia. In this context, despite the legal framework in place, incentives for its proper implementation are questionable.


Author(s):  
ARTEM VASILIEV

Author argues as justified grating by law intellectual property owners numerous statutory privileges compared with other property rights owners. On the basis of analysis of common elements of regime of intellectual property objects author comes to conclusion that legal position of intellectual property owner is unbalanced.


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