The fashion issue - an examination of the current intellectual property rights within England and Wales and the European community, concerning design infringement and counterfeit goods within the fashion industry: part two

2012 ◽  
Vol 5 (2) ◽  
pp. 93
Author(s):  
Selma Jaber
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
European Community ◽  
Intellectual Property Rights ◽  
Fashion Industry ◽  
England And Wales ◽  
Counterfeit Goods

scholarly journals Protecting Related Creations to Fashion in the Framework of Literary and Artistic Property Rights of Iran and France

2017 ◽  
Vol 10 (5) ◽  
pp. 157
Author(s):  
Sattar Zarkalam ◽  
Amin Rooholamini
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Rights ◽  
Fashion Industry ◽  
French Law ◽  
Industrial Property ◽  
Iranian Law ◽  
Long Time ◽  
Time Periods

In today’s world where the process of development and the industry is evolving more rapidly than expected, the legal notions are going forward on their compliance in line with these developments. The increasing development of intellectual property rights and their samples is an example of this change. One of the most important issues and instances of this tendency in legal rights is associated with fashion productions and creations. France, as one of the greatest leading country in fashion industry since long time ago, has legally protected the dress and beautiful creations in the intellectual property rules and in the different time periods, under the various titles, including the drawings and models rights, industrial property rights, literary and artistic property rights. French jurisprudence has broadly interpreted the concept of the fashion industry and consequently, the dress and beauty creations that have evolved not only the goods, but all parties involved in the production of the fashion industry. In Iranian law also, although there is no progress in this field compared to French law, with an optimistic interpretation of the rules of its intellectual property, it can be associated with Droit d'-auteur rules in addition to the industrial property rights under different titles such as design and drawings, Applied artwork, folklore etc.

scholarly journals Trade in counterfeit goods in Serbia: Methodological approach and quantification

Industrija ◽  
2021 ◽  
Vol 49 (1) ◽  
pp. 7-23
Author(s):  
Branko Radulović ◽  
Miljan Savić
Keyword(s):  
At Risk ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Methodological Approach ◽  
Legal Framework ◽  
Negative Effects ◽  
Counterfeit Goods ◽  
Product Categories ◽  
Counterfeit Products

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.

scholarly journals ECONOMIC AND LEGAL ASPECTS AGAINST CONTROLLING GOODS TURNOVER

2020 ◽  
Vol 5 (5) ◽  
pp. 165
Author(s):  
Ruslan Fyl ◽  
Galina Luk'yanova
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Practical Importance ◽  
Legal Aspects ◽  
The State ◽  
Economic Losses ◽  
Law Enforcement Agencies ◽  
Counterfeit Goods ◽  
Goods Market

The purpose of this article is to describe the content of the economic and legal bases of counteraction to the circulation of counterfeit goods. Using systemic and formal-logical methods, the amount of economic losses is outlined and the magnitudes of consequences arising from the circulation of counterfeit goods for the state, patent holders, consumers and manufacturers of counterfeits are outlined. It has been stated that drugs, toys, agrochemicals, and foodstuffs are the most counterfeit at the moment and are not only supported by crime as a crime in the field of intellectual property, but also endanger the lives and healths. Considering the market of counterfeit goods described its features, which are that the operation indicated the author but due to factors such as low solvency of the population in developing countries; the inability to sell counterfeit products separately from the original products, due to the fact that the original products are used for masking in the sale of counterfeiting; lack of specialized equipment for establishing counterfeit goods and knowledge of the original; scale and narrow specialization of counterfeit goods market participants; the transnational nature of this market; splicing organized crime with law enforcement agencies; high profitability of counterfeit market. The practical importance of the research is the documentary analysis examines the international legal aspects of counterfeiting of such goods and notes that the rules of the Agreement on Trade-Related Aspects of Intellectual Property Rights, TRIPS and the EU Customs Regulation on Intellectual Property Observance set out measures to combat trafficking in goods that infringes intellectual property rights. Consequently, successfully tackling counterfeit goods trafficking requires a constant search for innovative methods of struggle. An effective strategy for overcoming this phenomenon should combine the various measures of its counteraction, all of them should be used in a coordinated and systematic way, complementing each other. Therefore, both economic and political management methods must be taken into account to overcome the counterfeit. And only their optimal combination will have the greatest effect in the formation of concepts of counteraction to the circulation of counterfeit goods. And this is definitely worth the effort since the innovative and economic development of the state depends on solving the problem of creating an effective system of protection of intellectual property rights. Methodology. A methodological framework of the economic and legal bases of counteraction to the circulation of counterfeit goods is defined by the complex of scientific cognition methods that allow us to look at this problem as a multi-aspect, interdisciplinary phenomenon. On the basis of the system, structural, systemic-functional and other scientific approaches, the idea of counteraction to the circulation of counterfeit goods has formed a complex systemic category covering the theoretical and practical level of economic and legal activity.

scholarly journals PROVIDING THE CUSTOMS AUTHORITY OF UKRAINE THE CONTROL OVER THE MOVEMENT OF GOODS THAT CONTAIN SIGNS OF INTELLECTUAL PROPERTY OBJECTS: THEORY AND PRACTICE PROBLEMS OF FORENSIC RESEARCH

2020 ◽  
pp. 606-623
Author(s):  
V. Fedorenko ◽  
T. Chabanets ◽  
O. Foia
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Model Identification ◽  
Theory And Practice ◽  
Effective Control ◽  
Utility Model ◽  
Counterfeit Goods ◽  
Definition Of ◽  
Specialized Unit

The publication is devoted to the current problems of the theory and practice of providing by the officials of the specialized unit of the customs authority, in which, according to the official instructions, the functions performed to promote the protection of intellectual property rights and officials of the customs clearance unit of the customs authority of Ukraine. It is also considered the effective control over the movement of goods containing signs objects of intellectual property rights, as well as substantiation of proposals for improvement of the relevant law enforcement practice. Investigations, using special knowledge of forensic expertise are problematic questions concerning definition of the volume of rights of a utility model protected by a patent; the essential features that can be characterized by the object (product) protected by the patent for a utility model; requirements for the formulation of signs of a utility model established today by the current legislation. This is also concerned the determination of the technical nature and specific features of the object (product) subject to customs clearance, and regarding which there are questions of violation of the intellectual property rights; interpretation of the patent formula without studying the patent description for a utility model. There are also principles that should be guided by the allocation of signs in accordance with the formula of the utility model; identification of signs of an object (product) subject to customs clearance; principles that should be guided by comparable features of a formula protected by a patent with signs of an object (product) subject to customs clearance, etc. The proposals for improving the practice of preventing the customs authorities from moving counterfeit goods the importation of which into the customs territory of Ukraine or removal from this territory is a violation of intellectual property rights is substantiated.

scholarly journals Legal existentiality of bio-patents is an urgent problem of modern intellectual law-making

1970 ◽  
pp. 263-271
Author(s):  
Iryna Kuzmych
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
European Community ◽  
Intellectual Property Rights ◽  
Financial Stability ◽  
Global Economy ◽  
Technological Development ◽  
Legal Framework ◽  
Legal Standards ◽  
Living Organisms

This article presents a brief, detailed breakdown of the heterogeneity of definitions of biotechnology, as objects of intellectual property, as well as related processes, in international legal acts of the European Parliament, the Council of the EU and the European Community, an attempt has been made to investigate the legal existentiality of biopatents and to characterize the importance of features of the essence of biotechnology, to substantiate the extreme conditionality of the procedure for patenting biotechnology, taking into account this specificity at the stage of creating a national regulatory framework, laid down in the main national regulations. The approaches of international legal acts regarding the consolidation of the principles of protection and protection of intellectual property rights, in particular, and, above all, on biotechnology, as in the a priority scientific, economic and state - strategic sphere, are partially disclosed and the peculiarities of their implementation in national legislation are defined. The warnings about the possible devastating consequences of the current incompetent approach by domestic legislators to the essence of biotechnology as objects of intellectual property, creation of mechanisms of intellectual lawmaking, given their unique ability to self-reproduce and self-reproduce, are pointed out. However, at the same time, it has been noted so far that there have been significant changes in the gradual approximation of legal standards to the standards of the European Community law system, in particular, in ensuring the protection of intellectual property rights in biotechnology, which will have a beneficial effect on the prospect of the emergence of a key innovative legal model with a unified legislative spirals with an understanding of the necessary separation of biotechnologies into an independent legal local intellectual sphere of civilization with an appropriate level of responsibility. The multifaceted nature of the content of biotechnology has turned a science that studies the possibilities of using living organisms, their systems or their vital products to solve technological problems, as well as the possibility of creating living organisms with the necessary properties by genetic engineering, into one of the areas of industry of important macroeconomic importance. In all leading countries of the world, national and international programs on biotechnology, funded by public and private capital, are developed and are operating, in addition, the results of scientific research in the field of biotechnology. Implement long-term projects with a high degree of risk upon receipt of various commercial products, the development results of which must be reliably protected from competitors, possibly while ensuring the granting of exclusive rights to new products and technologies by patenting. Thus, the protection of the right to biotechnology makes the patent an instrument for transferring technology and protecting new markets in the global economy, where the use of such an instrument is most effective in industries with a high cost of research and development, but low production cost of the final product, typical for biotechnological, microbiological and pharmaceutical industry. Convincingly, even in a quote by A. Einstein, «Nature shows us only the tail of the lion. But I do not doubt that the lion belongs to it even though he cannot at once reveal himself because of his enormous size.»24, there are warnings regarding a negligent attitude towards the natural uniqueness of biotechnologies and an understanding of the devastating consequences of an incompetent approach to the interpretation of the concepts and processes associated with biotechnologies when creating a domestic regulatory and legal framework for the protection of intellectual property rights in biotechnologies, the need for biopatents, taking into account the supremacy and legal existence of biotechnologies, as objects of intellectual property and a powerful generator of scientific and technological development ia of the country, the guarantor of innovation and financial stability, and, the innermost unexplored possibilities of biotechnology with unpredictable prospects for humanity.

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