scholarly journals Industrial Property in pandemic times: the Brazilian panorama of requests for protection of pandemic-related products projects at National Institute of Industrial Property

2021 ◽  
Vol 19 (1) ◽  
pp. e20210005
Author(s):  
Diogo Pontes Costa ◽  
Ruan Eduardo Carneiro Lucas ◽  
Diego de Castro Fettermann ◽  
Carmen Elena Martinez Riascos ◽  
Eugenio Andrés Díaz Merino
Keyword(s):  
2014 ◽  
Vol 37 (1) ◽  
pp. 103-128 ◽  
Author(s):  
Kimberly G. Key ◽  
Teresa A. Lightner

ABSTRACT This study examines the relation between commercial and industrial property values and local property taxes using 1999 to 2009 data for the state of Georgia. Results show a negative relation between commercial values and property taxes, consistent with the new view of capital tax prediction that these taxes are borne, at least in part, by property owners. Incidence estimates show very high to full capitalization. There is little evidence of a relation between industrial property values and property taxes, contrary to prior research. This study is the first to provide empirical evidence of differences in commercial and industrial property tax incidence. The study contributes to the understanding of the capitalization of business taxes, which has been the subject of very little prior research. The results can inform policymakers who consider trade-offs in tax revenue needs, economic development, and issues of fairness in their localities.


Author(s):  
Krystyna Szczepanowska-Kozłowska

AbstractOne form of industrial property right infringement is stocking for the purpose of offering or marketing. This form of infringement appears both in EU legal acts on trademarks or designs, as well as in national regulations, including those concerning patents. What is specific to stocking when compared to other activities comprising the stipulated exclusivity of the holder of industrial property rights is the fact that the literal meaning of “stocking” does not explain whether the infringing party or the warehouse keeper is the entity that places the goods in storage. The structure of industrial property rights as absolute rights would theoretically permit the view that the law is violated by both the entity that accepts the goods for storage and the entity that places such goods in storage. To determine if there is an infringement, it must be established what the goods being stocked are further intended for. It is not without significance that the finding of an infringement of industrial property rights does not depend on fault or awareness. From the point of view of the industrial property law regime, it is difficult to find arguments against this understanding of infringement by stocking. Since the offeror of goods infringing industrial property rights may be held liable even if the goods have not yet been manufactured, it is conceivable that the entity accepting such goods for stocking is also liable. This interpretation of the concept of stocking would certainly correspond to the absolute nature of liability for infringement.In a recent judgment the CJEU confirmed that the warehouse keeper who, on behalf of a third party, stores goods which infringe trademark rights only creates the technical conditions for trademark use by this third party provided that the warehouse keeper is not aware of that infringement. The CJEU also confirmed that only the person who decides about the purpose of storing the goods can be treated as an infringer. However, the CJEU did not respond to the question regarding whether the warehouse keeper could be treated as an infringer if it pursues the aims of storing the goods at the request of the entity that put the goods into storage.


1976 ◽  
Vol 29 (2) ◽  
pp. 143-153
Author(s):  
HELEN F. LADD
Keyword(s):  

1937 ◽  
Vol 50 (4) ◽  
pp. 722
Author(s):  
James L. Brown

1987 ◽  
Vol 2 (1) ◽  
pp. 66-67
Author(s):  
Andy Mason
Keyword(s):  

Andy Mason replies briefly to Gary Cook's comments on industrial property letting.


2021 ◽  
Author(s):  
Ufuk Tekin

Abstract While geographical indications show geographical origin, trade marks show commercial origin. Therefore, it is possible to say that both geographical indications and trade marks have distinctive character. Indeed, when an application is filed to register a geographical indication as a trade mark, an important question is whether the sign is distinctive enough. In such cases, the distinctive character of these commercial and geographical ‘signs’ can overlap and intersect with each other. In this article, the intersection and relationship between geographical indications and trade marks will be evaluated by considering two different scenarios. In the first one, the trade mark application precedes the registration of the geographical indication, while in the second the application for the geographical indication is filed before the conflicting trade mark. The analysis is carried out by taking into account various provisions of theTurkish Industrial Property Code (IPC), the judicial practice of the Turkish Court of Cassation and international regulations. In this context, the relationship between several absolute grounds for refusal in such a situation and which of these provisions is the most applicable will be examined. In particular, an attempt will be made to explain the role of the absolute ground for refusal regulated in the new Turkish Industrial Property Code for the first time, namely that signs containing or consisting of a geographical indication cannot be registered as a trade mark (Art. 5.1(i)).


Author(s):  
Yu. Grigorev ◽  
◽  
A. Pashuto ◽  

A method for identifying small innovative enterprises (SIE) that are understood as holders of a valid patent for an invention or a license to use it is proposed. The source of information for identi cation is the patent funds and the search engine of the Federal Institute of industrial property (FIPS). The methodology includes techniques for identifying SIE if patents related to their activities were issued to individuals. The results of SIE detection in three areas of technology obtained during the development of the technique are presented. It is noted that other statistical results obtained along the way are of the same, if not greater, interest for the purposes of public administration.


1980 ◽  
Vol 10 (5) ◽  
pp. 481
Author(s):  
Felix Oentoeng Soebagio
Keyword(s):  

Mengingat bahwa desain industri merupakan salah satu cabang dari milik industri (industrial property), maka bentuk pengaturan dan perlindungan hukum yang dapat kita berikan ialah bentuk pengaturan dan perlindungan hukum kepada milik industri. Mengenai apakah bentuk patent, copyright ataukah bentuk pengaturan desain industri tersendiri yang lebih tepat, tergantung pada pertimbangan mana yang lebih sesuai, cocok, dan menguntungkan bagi Indonesia. Dengan berasumsi bahwa bentuk pengaturan khusus untuk desain indsutri akan lebih tepat, uraian selanjutnya akan cenderung/menekankan kearah bentuk pengaturan khusus.


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