scholarly journals BENEFITS AND LIMITATIONS OF INTERNATIONAL ARBITRATION IN INTELLECTUAL PROPERTY LAW DISPUTES

2019 ◽  
Vol 1 (40) ◽  
Author(s):  
Njegoslav Jović
Keyword(s):  
Intellectual Property ◽  
Intellectual Property Rights ◽  
State Courts ◽  
Property Law ◽  
International Arbitration ◽  
Intellectual Property Law ◽  
Judicial Practice ◽  
Primary Activity ◽  
Court Proceedings ◽  
The Right

In this paper, the author analyzes the benefits and limitationsof international arbitration in disputes that are subject to intellectual propertyrights. Intellectual property law disputes have special characteristics. In theevent of a dispute with an international element, there is a problem with thejurisdiction of state courts due to the principle of the territoriality of intellectualproperty rights. The titular of the right must initiate court proceedings in allcountries individually, leading to delays in procedures, multiplication of costsand uneven judicial practice. For these reasons, the author analyzes alternativedispute resolution through arbitration to determine whether this method ofdispute resolution is more acceptable to foreign courts.The author particularly pays attention to the WIPO Center for Arbitrationand Mediation as a permanent arbitration institution whose primary activity isthe resolution of disputes in the field of intellectual property rights.

scholarly journals The concept of real losses as a component of the concept of losses in the sphere of intellectual property: category of law and economics

2021 ◽  
pp. 77-86
Author(s):  
Ihor Shulpin
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Law And Economics ◽  
Civil Code ◽  
Property Law ◽  
Intellectual Property Law ◽  
Definition Of ◽  
The Right ◽  
Real Losses

Keywords: real losses, intellectual property rights, object of intellectual propertyrights, subject of intellectual property rights, right to own, use and dispose of intellectualproperty rights, contractual obligations, non-contractual legal relations This article provides an analysis and formulation of the category of «real losses» in thefield of intellectual property. The categories of «real losses» in relation to the propertysphere and the sphere of intellectual property are analysed and justified.First, the author will consider the concept of «real losses» in the property sphere,which was previously studied by many well-known legal scholars and lawyers. Further,we are talking about the structure and Element-by-Element composition of reallosses. Then, the concept of incurred and future expenses is considered.The author notes that everything that concerns the property sphere will also applyto the sphere of intellectual property to a certain extent, but a significant differencewill be that real losses in these areas apply to different subjects, objects and rights. After that, the author will try to provide and analyse the definition of the concept of«real losses» for regarding the sphere of intellectual property.Further, the author focuses on the concept of intellectual property law, the subjectof intellectual property rights, intellectual property rights, objects of intellectualproperty rights under the Civil Code of Ukraine. Also, the article deals with such conceptsas the rights of the owner of rights: the right to own, the right to use and theright to dispose. Further, we are talking about real expenses in the field of intellectualproperty.Summing up the theoretical material presented above and taking into account thechanges of the author that he proposed, the definition of the concept of "real losses" inthe field of intellectual property is given.According to the author, such a legal norm could be included in the fourth book«Intellectual Property Law», Chapter 35 «general provisions on intellectual propertylaw» of the Civil Code of Ukraine, in the article on losses.

Beyond Unbridled Optimism and Fear: Indigenous Peoples, Intellectual Property, Human Rights and the Globalisation of Traditional Knowledge and Expressions of Folklore: Part I

2013 ◽  
Vol 15 (3) ◽  
pp. 319-339 ◽  
Author(s):  
Caroline Joan S. Picart ◽  
Caroline Joan S. Picart ◽  
Marlowe Fox
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Property Rights ◽  
Traditional Knowledge ◽  
Intellectual Property Rights ◽  
Indigenous Peoples ◽  
Property Law ◽  
Cultural Expression ◽  
Intellectual Property Law ◽  
Traditional Cultural Expressions

Abstract This article is the first part of a two-part piece, which considers the intellectual property rights of indigenous peoples. After establishing pragmatic working definitions of who “indigenous peoples” are and what folklore (or “traditional cultural expression”) is, as compared with, but dialectically related to, “traditional knowledge,” this article does the following: 1) explains why western assumptions built into intellectual property law make this area of law a problematic tool for protecting traditional knowledge (TK) and expressions of folklore (EoF) or traditional cultural expressions (TCE) of indigenous peoples; and 2) creates a general sketch of human rights related legal instruments that could be and have been harnessed, with varying degrees of success, in the protection of the intellectual property of indigenous peoples.

scholarly journals Intellectual property law in the field of sports: specifics of manifestations and features of legal regulation

2021 ◽  
Vol 39 (69) ◽  
pp. 530-546
Author(s):  
Evgen Kharytonov ◽  
Olena Kharytonova ◽  
Maxym Tkalych ◽  
Inna Bolokan ◽  
Hanna Samilo ◽  
...  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Public Relations ◽  
Intellectual Property Rights ◽  
Legal Regulation ◽  
Property Law ◽  
Sports Law ◽  
Intellectual Property Law ◽  
Legal Method ◽  
Wide Range

The article aims to explore the relationships that arise with respect to intellectual property rights in sports. The objectives of the article are to establish points of contact between intellectual property law and sports, as well as a detailed analysis of relevant public relations in terms of intellectual property law and sports law. To achieve the objectives of the article, the authors used a number of scientific methods, among which the main methods are analysis, synthesis and comparative-legal method. The authors of the study concluded that modern sport is developing in close intertwining with intellectual property rights, because only in this way can a sports spectacle be conveyed to a wide range of spectators and consumers in a broad sense. In addition, the range of points of contact between intellectual property and sports law is constantly growing and such can now be called not only patents and trademarks in sports, but also copyright, "image" rights, know-how in sports and the like.

scholarly journals Artificial Intelligence and Intellectual Property Law

2018 ◽  
Vol 7 (1) ◽  
pp. 83-98
Author(s):  
Swapnil Tripathi ◽  
Chandni Ghatak
Keyword(s):  
Artificial Intelligence ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Criminal Liability ◽  
Property Law ◽  
Human Intervention ◽  
Intellectual Property Law ◽  
Insight Into ◽  
Artificial Intelligence Systems

Artificial intelligence systems have been gaining widespread momentum in today’s progressing tech-savvy world. With sophisticated technologies being incorporated in the same, it is only a matter of time these systems start to produce marvelous inventions without human intervention of any kind. This brings forth pertinent questions concerning Intellectual Property Rights, (IPR) for, it challenges not only traditional notions of concepts such as patents and copyrights, but also leads to the emergence of questions related to the regulation of such creations amidst others. This paper seeks to provide insight into the expanding scope of IPR laws and artificial intelligence, along with the inevitable challenges it brings from a worldwide lens on the matter. It also attempts to provide suggestions transcending IPR, and seeks to address questions concerning criminal liability for the content created by such technologies.

scholarly journals Criminal Enforcement and International Intellectual Property Law

2014 ◽  
pp. 134-153
Author(s):  
Siddharth Partap Singh
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Trade Agreement ◽  
Trips Agreement ◽  
Property Law ◽  
Intellectual Property Law ◽  
Global Consensus ◽  
Standard Set

There is a global consensus that domain of Intellectual Property should be subjected to criminal enforcement in order to secure the rights of owners of such Intellectual Property Rights. The TRIPS Agreement was, to some extent, successful in crystallizing the consensus as regards the criminal measures to be taken by States in the event of the infringement of Intellectual Property Rights through article 61. However, the standard set by the provision by minimal, to say the least. The advent of Anti-Counterfeiting Trade Agreement has broader obligations, while also addressing some unsettled issues that have surfaced in disputes such as the China-IPRs case.

The Relationship Between Intellectual Property and Administrative Law

2021 ◽  
pp. 109-120
Author(s):  
Laurent Manderieux
Keyword(s):  
Intellectual Property ◽  
Intellectual Property Rights ◽  
Direct Consequence ◽  
Administrative Law ◽  
Property Law ◽  
International Level ◽  
Intellectual Property Law ◽  
Law And Policy ◽  
The Relationship ◽  
Research Analysis

Intellectual property and administrative law entertain a long-standing, though ambiguous relationship. Intellectual property rights (IPR) depend on a number of institutions, and primarily from intellectual property offices granting several of them, which fall into the administrative structure of each country. The direct consequence of the relevance of administrative law for the research, analysis, and understanding of intellectual property law is that certain IP-related questions cannot be properly addressed without using the tool provided by administrative law. Indeed, intellectual property and administrative law partly overlap, as both branches of law are nationally characterized and country-specific, changing from country to country, and both have experienced significant changes related to globalization from the national to the international level. The growing regulation of intellectual property at the international level has somehow brought about an expansion of the intersection between intellectual property and administrative law and procedures. Therefore, complete, thorough research on intellectual property law and policy must take into account the conceptual tools and categories elaborated in administrative law.

1. Introduction

2018 ◽  
Author(s):  
L. Bently ◽  
B. Sherman ◽  
D. Gangjee ◽  
P. Johnson
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
European Economic Area ◽  
Property Law ◽  
The European Union ◽  
European Union Law ◽  
Intellectual Property Law ◽  
The Uk

This introduction provides an overview of topics covered in this book which relate to all areas of intellectual property law, including the justifications that have been put forward for granting intellectual property rights. It also considers the key international and regional developments that have influenced intellectual property law in the UK, such as the creation of the World Intellectual Property Organisation (WIPO), the Trade-Related Aspects of Intellectual Property Rights (TRIPS) negotiations, and European Union law. The chapter also discusses the ways in which the European Union is involved in intellectual property law, such as its involvement in negotiating and signing treaties. Finally, it looks at the European Economic Area and non-EU regional initiatives on intellectual property, as well as the implications of Brexit.

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