Electronic Surveillance, Privacy and Enforcement of Intellectual Property Rights

Cyber Crime ◽  
2013 ◽  
pp. 902-917
Author(s):  
Pedro Pina
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Point Of View ◽  
Security And Privacy ◽  
Electronic Surveillance ◽  
On Line ◽  
The One ◽  
The Right ◽  
Free Flow Of Information

In cyberworld, intellectual property rights and the right to informational self determination have become two realities in tension. Nevertheless, they are two main concerns of the e-commerce stakeholders. From the industry point of view, new digital technologies, left unregulated, may allow a free flow of information and unauthorized access to contents both from consumers or competitors; from the consumers’ perspective, security and privacy concerns are the major barriers to contracting on-line. The goal of the present chapter is to understand the relationship between anti-piracy oriented private electronic surveillance and consumers’ privacy. If, on the one hand, the enforcement of intellectual property is a laudable activity – since the recognition of economic exclusive rights is an incentive to artistic or scientific creation and the protection of the investments is an ICT industry’s legitimate interest –, on the other hand, the individual’s privacy sphere is one of the most important values and personal freedoms that law, including intellectual property law, must preserve.

Electronic Surveillance, Privacy and Enforcement of Intellectual Property Rights

2011 ◽  
pp. 301-316
Author(s):  
Pedro Pina
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Point Of View ◽  
Security And Privacy ◽  
Electronic Surveillance ◽  
On Line ◽  
The One ◽  
The Right ◽  
Free Flow Of Information

In cyberworld, intellectual property rights and the right to informational self determination have become two realities in tension. Nevertheless, they are two main concerns of the e-commerce stakeholders. From the industry point of view, new digital technologies, left unregulated, may allow a free flow of information and unauthorized access to contents both from consumers or competitors; from the consumers’ perspective, security and privacy concerns are the major barriers to contracting on-line. The goal of the present chapter is to understand the relationship between anti-piracy oriented private electronic surveillance and consumers’ privacy. If, on the one hand, the enforcement of intellectual property is a laudable activity – since the recognition of economic exclusive rights is an incentive to artistic or scientific creation and the protection of the investments is an ICT industry’s legitimate interest –, on the other hand, the individual’s privacy sphere is one of the most important values and personal freedoms that law, including intellectual property law, must preserve.

scholarly journals THE MODERN VISION OF THE SYSTEM OF INTELLECTUAL PROPERTY RIGHTS IN UKRAINE

2021 ◽  
Vol 75 (2) ◽  
pp. 52-59
Author(s):  
Victoria Shekhovtsova ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
The State ◽  
Point Of View ◽  
Property Right ◽  
Intellectual Property Right ◽  
Creative Activity ◽  
The Right ◽  
Intellectual Potential

The article is devoted to the research of the intellectual property rights system in Ukraine. Intellectual property is the result of the creative activity of any person or group of people. The author studied the categories «intellectual property» and «intellectual property right», investigated the principles of intellectual property and the system of intellectual property rights of Ukraine. In Roman law, there was the term «property», because the «property right» in its classical meaning was formed in Rome, and related to private relationships. Intellectual property is the property of a person that arose as a result of her creativity. However, for our Ukrainian legislation, the expression «intellectual property» is «terra incognita». Yes, intellectual property is studied by such branch legal sciences as: civil law, administrative law, international law, and others. Formed the State Service of Intellectual Property, but the organization of the state system of legal protection of intellectual property, in our difficult times, wants a better one. In the legal literature on intellectual property issues various definitions of «intellectual property right» are given. From a subjective point of view – this is a subjective right, and from an objective point of view – a civil law institute, a set of legal norms that regulate relations in the system of creation and protection of intellectual property. Man, his freedom and rights are the most important value of evolutionary development of society, which manifests itself in the growth of the intellectual potential of the population of each country. Only man possesses intelligence, creative potential and creative abilities. In addition to it, on earth, no living creature can create. Creative activity is the most important aspect of human life, which allows you to convey your talent to society. The consequence of this activity is something new, unique, unique and original. The accumulated products of the human mind are the heritage of the nation, which determine its further development.The Constitution of Ukraine guarantees to the citizens of the state freedom of scientific, artistic, literary and technical creativity, protection of intellectual property rights, moral and material interests arising in connection with various types of intellectual activity. Every citizen has the right to the results of his intellectual, creative activity; no one can use or distribute them without his consent, with the exception of the statutory provisions. The intellectual potential of the nation, in the form of improving education, production, culture, science and technology, needs constant support from our state. The Civil Code of Ukraine for the first time in our national legislation was given a formal definition of the right of intellectual property, as the rights of the individual to the result of intellectual, creative activity or other object of intellectual property rights.

Cancellation and Loss of Trade Mark Rights

2017 ◽  
Author(s):  
Annette Kur ◽  
Martin Senftleben
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Trade Mark ◽  
Public Domain ◽  
Point Of View ◽  
The Public ◽  
Finite Duration ◽  
Goods And Services ◽  
The Right

Different from other intellectual property rights, rights vested in a trade mark do not have a finite duration; they can last ‘forever’. Under systemic aspects this is due to the fact that as long as the message conveyed by the sign is correct it would be contrary to the interest of consumers to let it lapse and fall back into the public domain. Also, from a competition point of view there is no need to terminate protection as long as the right holder keeps using the sign and the designated goods and services themselves are not subject to market exclusivity.

PROBLEMS OF EXHAUSTION OF THE EXCLUSIVE RIGHT TO EXPORT UNDER THE LEGISLATION OF UKRAINE

2017 ◽  
Author(s):  
Andriy Yevkov ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Point Of View ◽  
Individual State ◽  
License Agreement ◽  
Legal Norms ◽  
Domestic Legislation ◽  
The Right ◽  
Exclusive Right

The article examines the problems of normative establishment in the legislation of Ukraine of the exclusive right to export goods containing protected intellectual property objects, as well as the conditions and grounds for applying of legal norms enshrining the principle of exclusive intellectual property rights exhaustion to the exclusive right to export. Considering the limitation of the protection of exclusive rights to the territory of each individual state, the paper examines the problems of the territorial aspect (territorial models) of the exhaustion of rights, as well as the influence of exclusive rights to import, distribution and export on the implementation of international trade. The article notes that the right to export is directly established in the current domestic legislation of Ukraine only in respect of certain protected intellectual property objects, and substantiates the view that, given the inexhaustible list of property rights (ways of usage) for many other protected objects, the exclusive right of rightholders to export must also be recognized in respect of such objects. Concerning the implementation of export operations by the licensee the paper substantiates the point of view according to which, if in the license agreement the territory of validity of licensing rights is limited to the territory of Ukraine, then the licensee receives permission for distribution within the scope of this subjective right (i.e. within Ukraine) and, accordingly, is not entitled to export if there are no compelling reasons to consider such a prohibition as a way of restricting competition, abuse of right, etc. Regarding the export of goods by their purchasers after the first legal sale of such goods in a particular country, the paper notes that, despite the lack of direct instructions in the legislation, it can be assumed that the exclusive right to export should be exhausted after the first legal sale of goods containing protected objects, unless there are other grounds to believe that the export of such goods may further harm the rights and essential interests of the rightholder in the country where such initial introduction of goods into circulation took place (in the country of origin of the goods).

scholarly journals KEEPING THE NATION'S ASSETS THROUGH THE LEGAL PROTECTION OF COPYRIGHT WORKS OF CULTURE

2016 ◽  
Vol 1 (1) ◽  
pp. 55-71
Author(s):  
Zulkifli Makkawaru
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Literature And Science ◽  
Community Rights ◽  
Art And Culture ◽  
The Right

Indonesia positioned copyright art and culture based on its strength as a nation or community rights over an Alliance grouping of the society which can give the effect of distortions in its protection. Which institution can be megurus and oversee the interests between countriesCultivate ideas/ideas in the fields of art, literature and science in the context of intellectual property rights (HKI) categorized into areas of HKI named Copyright (Copyright). The scope of the rights provided for the protection of copyright in the context of this very broad following elements known in several countries. There is a different understanding about the copyright status of culture from both the substance of the right nor of the appreciation of the case which threatens foreign claims copyright over the culture of Indonesia

scholarly journals THE RIGHT OF AUTHORSHIP ON A WORK

2014 ◽  
Vol 8 (1) ◽  
pp. 155-160
Author(s):  
Ciprian Raul Romiţan
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Moral Rights ◽  
Economic Rights ◽  
Natural Connection ◽  
Artistic Work ◽  
The Law ◽  
The Right ◽  
The Relationship

The moral rights represent the legal expression of the relationship between the workand its creator; they precede, survive and exert a permanent influence on the economic rights.Moral rights are independent of economic rights, the author of a work preserving these rightseven after the transfer of its property rights.The right to claim recognition as the author of the work, called in the doctrine as the"right of paternity of the work" is enshrined in art. 10 lit. b) of the law and it is based on theneed to respect the natural connection between the author and his work. The right toauthorship is the most important prerogative that constitutes intellectual property rights ingeneral and consists of recognizing the true author of a scientific, literary or artistic work.

scholarly journals Peran Lembaga Manajemen Kolektif Sebagai Bentuk Perlindungan Hukum Pencipta Lagu Dan Pemilik Hak Terkait

2019 ◽  
Vol 22 (01) ◽  
pp. 37-54
Author(s):  
Elly Hernawati
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Copyright Protection ◽  
Copyright Holder ◽  
Business Climate ◽  
Management Agency ◽  
Collective Management ◽  
The Creation ◽  
The Right

Copyright is one of the Intellectual Property Rights components and should be paid attention to. Even more in technology era that developing, copyright protection needed to be enhanced, so that the right of creator, Copyright holder or owner of relevant rights can be protected and urge people to create. Indirectly, good and healthy business climate could be fostered.  Not all people have skill to create, that is why those people who have skill to create must be protected and even awarded, hoping that people urged to create. One of the creations that protected are song and music. In creating song or music, creator involve recording producer, music director or arranger. Regarding the creation, creator holds moral and economy rights, while parties involved hold the relevant rights to it. Collective Management Agency is an agency that help creator or relevant rights owner in managing and distributing the creation which is song or music that being commercialized. Yet the creator must be the member of the agency beforehand. Commercialization of a song or music by user can rise problem. Protection to the song or music is for the whole thing, including lyric, notation, arrangement and song title. The utilization of a song or music should be still protecting the parties that hold the copyright and the relevant right to it.

scholarly journals The right to protection against unfair use of the means of individualization: content and features

2020 ◽  
Vol 11 (11) ◽  
pp. 313-318
Author(s):  
Pekar A.
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
System Analysis ◽  
Scientific Literature ◽  
Unfair Competition ◽  
Economic Competition ◽  
Economic Entity ◽  
Objective Meaning ◽  
The Right

The article deals with the nature and features of the right to protection against unfair use of the means of individualization. It is argued that it is inappropriate to distinguish the right to protection against unfair use of the means of individualization in the structure of intellectual property rights from the right to protection of economic competition. Based on a system analysis of the legislation, scientific literature review, and the practice of its application, the right to protection is classified in an objective and subjective meaning. In its objective meaning, the right to protection against unfair use of the means of individualization is a component of the right to intellectual property, to protection against unfair competition. The subjective right to protection against the unfair use of the means of individualization is an independent right. The following features of the right to protection against unfair use of the means of individualization are identified on the basis of the analysis. The objective right to protection against unfair use of the means of individualization is characterized by a set of civil law rules governing relations in the field of intellectual property rights and economic competition and determining the grounds, forms, procedure and methods of protection of such rights. This right combines two components: the protection of intellectual property rights and economic competition relations. The subjects of this right are economic entities. At the same time, the exercise of the right to protection in connection with the violation of the law on protection against unfair competition ensures the protection of consumers’ rights, as it guarantees them good quality goods on the market. The object of this right is relations in the field of intellectual property rights and economic competition. The subjective right to protection against unfair use of the means of individuation is the use of a provided by law capacity to renew, recognize or award the right to use the means of individualization by an economic entity. Such subjective right is characterized by the following features: it always implies the implementation of active actions, the possibility of choosing the forms and methods of protection. Keywords: means of individualization, unfair use, right to protection, objective right, subjective right, intellectual property rights, unfair competition.

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