Legal Protection of the Web Page

2013 ◽  
pp. 1-18
Author(s):  
Davide Mula ◽  
Mirko Luca Lobina

We start to analyze each component of database’s definition and to find them in a web page so that we can compare those juridical goods. After that we analyze present legislation concern database and in particular World Intellectual Property Organization Copyright Treatments and European Directive 96/92/CE, which we consider as the best legislation in this field. In the end, we outline future trends that seem to appreciate and apply our theory.

2009 ◽  
pp. 2616-2631
Author(s):  
Davide Mula ◽  
Mirko Luca Lobina

Nowadays the Web page is one of the most common medium used by people, institutions, and companies to promote themselves, to share knowledge, and to get through to every body in every part of the world. In spite of that, the Web page does not entitle one to a specific legal protection and because of this, every investment of time and money that stays off-stage is not protected by an unlawfully used. Seeing that no country in the world has a specific legislation on this issue in this chapter, we develop a theory that wants to give legal protection to Web pages using laws and treatment that are just present. In particular, we have developed a theory that considers Web pages as a database, so extends a database’s legal protection to Web pages. We start to analyze each component of a database and to find them in a Web page so that we can compare those juridical goods. After that, we analyze present legislation concerning databases and in particular, World Intellectual Property Organization Copyright Treatments and European Directive 96/92/CE, which we consider as the better legislation in this field. In the end, we line future trends that seem to appreciate and apply our theory.


Author(s):  
Davide Mula ◽  
Mirko Luca Lobina

We start to analyze each component of database’s definition and to find them in a web page so that we can compare those juridical goods. After that we analyze present legislation concern database and in particular World Intellectual Property Organization Copyright Treatments and European Directive 96/92/CE, which we consider as the best legislation in this field. In the end, we outline future trends that seem to appreciate and apply our theory.


Author(s):  
Davide Mula ◽  
Mirko Luca Lobina

Nowadays the Web page is one of the most common medium used by people, institutions, and companies to promote themselves, to share knowledge, and to get through to every body in every part of the world. In spite of that, the Web page does not entitle one to a specific legal protection and because of this, every investment of time and money that stays off-stage is not protected by an unlawfully used. Seeing that no country in the world has a specific legislation on this issue in this chapter, we develop a theory that wants to give legal protection to Web pages using laws and treatment that are just present. In particular, we have developed a theory that considers Web pages as a database, so extends a database’s legal protection to Web pages. We start to analyze each component of a database and to find them in a Web page so that we can compare those juridical goods. After that, we analyze present legislation concerning databases and in particular, World Intellectual Property Organization Copyright Treatments and European Directive 96/92/CE, which we consider as the better legislation in this field. In the end, we line future trends that seem to appreciate and apply our theory.


2009 ◽  
Author(s):  
Mirko Luca Lobina ◽  
Davide Mula
Keyword(s):  
Web Page ◽  

2013 ◽  
Vol 47 (4) ◽  
pp. 1403-1433 ◽  
Author(s):  
CHRISTOPH ANTONS

AbstractTraditional knowledge related to biodiversity, agriculture, medicine and artistic expressions has recently attracted much interest amongst policy makers, legal academics and social scientists. Several United Nations organizations, such as the World Intellectual Property Organization (WIPO) and the Convention on Biological Diversity under the United Nations Environmental Programme (UNEP), have been working on international models for the protection of such knowledge held by local and indigenous communities. Relevant national, regional or provincial level legislation comes in the form of intellectual property laws and laws related to health, heritage or environmental protection. In practice, however, it has proven difficult to agree on definitions of the subject matter, to delineate local communities and territories holding the knowledge, and to clearly identify the subjects and beneficiaries of the protection. In fact, claims to ‘cultural property’ and heritage have led to conflicts and tensions between communities, regions and nations. This paper will use Southeast Asian examples and case studies to show the importance of concepts such as Zomia, ‘regions of refuge’ and mandala as well as ‘borderlands’ studies to avoid essentialized notions of communities and cultures in order to develop a nuanced understanding of the difficulties for national and international lawmaking in this field. It will also develop a few suggestions on how conflicts and tensions could be avoided or ameliorated.


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.


Author(s):  
Serhiy Volovyk

The article examines the IP court as an actor of state policy in the field of intellectual property in Ukraine. Emphasis is placed on the current article, which is due to the European integration course of Ukraine and bringing domestic legislation in line with European Union legislation. The essence of state policy in the field of intellectual property in Ukraine is defined, which means the set of formed and legally established goals, objectives, functions, interests, which are guided by public authorities in the implementation of state management of intellectual property, and their practical activities to implement and achieve the planned state policy in the field of intellectual property. The system of administrative and legal regulation of intellectual property protection in Ukraine has been established. It is determined that the main array consists of laws and international legal agreements of Ukraine. The system of subjects of realization of the state policy in the field of intellectual property in Ukraine is found out. It is emphasized that the list of subjects of state policy in the field of intellectual property in Ukraine should include the following: World Intellectual Property Organization, President of Ukraine, Verkhovna Rada of Ukraine, Cabinet of Ministers of Ukraine, Ministry of Economy, Trade and Agriculture of Ukraine, National Intellectual Property Office property and judicial authorities of Ukraine. It is proved that the IP-court in Ukraine is one of the main subjects of state policy in the field of intellectual property in Ukraine. It is emphasized that the IP-court as a subject of implementation of state policy in the field of intellectual property is a body authorized to administer justice in the field of intellectual property and solve problems defined by law. It is concluded that the IP Court as a subject of state policy in the field of intellectual property in the future is designed to become part of the optimal, high quality and effective state system of legal protection of intellectual property, able to form, implement a transparent public model of overcoming existing challenges and risks. to offer effective tools in the field of intellectual property as incentives for the development of related economic and social factors.


2008 ◽  
Vol 22 (4) ◽  
pp. 359-386
Author(s):  
Fayyad Alqudah

This article deals with the legal protection of databases under Jordanian law. Section 1, on protection afforded under international conventions and agreements, discusses four international conventions: i.e., the Berne Convention for the Protection of Literary and Artistic Works, Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement, World Intellectual Property Organization Copyright Treaty (WCT) and Arab Convention on Copyright. Section 1.1. discusses the legal base in Jordan for such protection under international conventions. According to Jordanian law and court practice, international conventions to which Jordan is party have supremacy over the provisions of local law. In Section 1.2., the scope of protection, including exceptions and limitations, is discussed. Databases are protected under these conventions if the selection and arrangement of their content can be shown to be intellectual property. Section 1.3. is devoted to the remedies these conventions offer. It is shown that the TRIPS Agreement includes detailed provisions that afford administrative, precautionary, as well as civil and criminal protection to authors of databases. Section 2.1., on protection under Jordanian law, shows that Jordanian Copyright Law (JCL) provides a legal base for protection of databases in its provisions, as discussed in Section 1.1. The scope of protection, including exceptions and limitations, is presented in Section 2.2. In addition to protecting the author's traditional rights to the database created, JCL has introduced legal measures to protect the technology used to prevent illegal access to databases. Section 2.3. discusses the remedies afforded under local law, i.e., administrative, precautionary measures as well as civil and criminal protection. Also, Jordanian courts have upheld such protection in all areas. Thus, one may conclude that databases are protected under the Jordanian legal system to the same degree upheld in the TRIPS Agreement and in compliance with international standard.


2016 ◽  
Vol 4 (11) ◽  
pp. 0-0
Author(s):  
Элен Шахназарова ◽  
Elen Shakhnazarova

Currently, the issues of legal protection of appellations of origin and geographical indications are of particular relevance. Due to the current historically terminological uncertainty, there is a need to joint in the international dimension of the various systems of data protection of intellectual property. In order to solve this problem in the framework of the World Intellectual Property Organization on May 20, 2015 was adopted the Geneva Act of the Lisbon Agreement, which allows to carry out the international registration not only of appellations of origin and geographic indications, and also allows to accede to the Lisbon agreement of the several international organizations. The activities of the World Intellectual Property Organization for the improvement of the Lisbon system aimed at widening of its participants, modification of the Lisbon Agreement of appellations of origin and inclusion in the Lisbon system the provisions on the protection of geographical indications on the basis of their international registration.


2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Inggrit Fernandes

Batik artwork is one of the treasures of the nation's cultural heritage. Batik artwork is currently experiencing rapid growth. The amount of interest and market demand for this art resulted batik artwork became one of the commodities in the country and abroad. Thus, if the batik artwork is not protected then the future can be assured of a new conflict arises in the realm of intellectual property law. Act No. 28 of 2014 on Copyright has accommodated artwork batik as one of the creations that are protected by law. So that this work of art than as a cultural heritage also have economic value for its creator. Then how the legal protection of the batik artwork yaang not registered? Does this also can be protected? While in the registration of intellectual property rights is a necessity so that it has the force of law to the work produced


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