scholarly journals Legal Protection for Plant Intellectual Property

1993 ◽  
Vol 3 (3) ◽  
pp. 301-307 ◽  
Author(s):  
Robert J. Jondle
Keyword(s):  
Intellectual Property ◽  
Plant Breeding ◽  
Plant Protection ◽  
Legal Protection ◽  
Hybrid Plant ◽  
Plant Science ◽  
International Plant

An overview of current legal options for the protection of plant innovations is presented. Plant protection options vary from country to country, depending on the type of plant invention-e.g., a new biotechnology method, a gene, plant cultivar, or hybrid. Plant science, plant breeding, and biotechnology are interconnected and international in scope. Therefore, it is important to consider international plant protection options available for plant innovations.

scholarly journals Perlindungan Hukum Bagi Pemulia Varietas Tanaman (Petani) Pasca lahirnya Undang-Undang Nomor 22 Tahun 2019 tentang Sistem Budi Daya Pertanian Berkelanjutan

2021 ◽  
Vol 8 (3) ◽  
pp. 867-880
Author(s):  
Muhammad Ihsan
Keyword(s):  
Intellectual Property ◽  
Plant Breeding ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
New Variety ◽  
Legal Rules ◽  
Legal Provisions ◽  
Plant Variety ◽  
The Republic ◽  
The Government

Pemuliaan tanaman menghasilkan sebuah varietas baru tanaman merupakan salah satu bagian dari Hak Kekayaan Intelektual (HKI) yang kemudian diatur sesuai dengan ketentuan akan hukum yang berlaku di Indonesia yang bertitik tolak dari ketentuan GATT/TRIPs. Kemudian bagaimana upaya yang dilakukan oleh Pemerintah Republik Indonesia guna melindungi hak-hak yang di miliki oleh Petani Kecil, lebih lanjut kita juga dapat melihat bagaimana pengaturan yang dilakukan oleh aturan hukum internasional guna melindungi Kepentingan Petani Kecil.Kata kunci : Perlindungan Hukum, Pemuliaan Varietas Tanaman, Pemuliaan, Petani Plant breeding to produce a new variety of plants is one part of the Intellectual Property Rights (IPR) which is regulated in accordance with the applicable legal provisions in Indonesia which start from the provisions of GATT / TRIPs. Then how are the efforts made by the Government of the Republic of Indonesia to protect the rights of Smallholders. Furthermore, we can also see how the arrangements are made by international legal rules to protect the Interests of Smallholders.Keywords: Legal Protection, Plant Variety Breeding, Breeding, Farmers

PERLINDUNGAN HUKUM TERHADAP KARYA SENI BATIK YANG BELUM TERDAFTAR MENURUT UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA

2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Inggrit Fernandes
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Cultural Heritage ◽  
Intellectual Property Rights ◽  
Rapid Growth ◽  
Economic Value ◽  
Legal Protection ◽  
Property Law ◽  
Market Demand ◽  
Work Of Art

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

GENESIS OF LEGAL PROTECTION OF INTELLECTUAL PROPERTY IN THE EUROPEAN UNION

2020 ◽  
Author(s):  
Амала Алиевна Умарова
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Legal Protection ◽  
The European Union

В статье анализируются отдельные нормативные акты, выступающие в качестве основы правовой охраны интеллектуальность собственность в Европейском Союзе. The article analyzes individual normative acts that act as the basis of legal protection of intellectual property in the European Union.

Asian Borderlands and the Legal Protection of Traditional Knowledge and Traditional Cultural Expressions

2013 ◽  
Vol 47 (4) ◽  
pp. 1403-1433 ◽  
Author(s):  
CHRISTOPH ANTONS
Keyword(s):  
Intellectual Property ◽  
United Nations ◽  
Traditional Knowledge ◽  
Biological Diversity ◽  
Legal Protection ◽  
Indigenous Communities ◽  
Cultural Property ◽  
World Intellectual Property Organization ◽  
Convention On Biological Diversity ◽  
Nuanced Understanding

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.

PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN UKRAINE: MODERN REALITIES AND PROSPECTS

2017 ◽  
Author(s):  
Yuliia Tovstohan ◽  
◽  
Serhii Ivanov ◽  
Keyword(s):  
Intellectual Property ◽  
Civil Rights ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Current System ◽  
General Procedure ◽  
Legal Protection ◽  
General Concept ◽  
Scientific Article ◽  
Definition Of

The scientific article examines the modern mechanism of protection of intellectual property rights in Ukraine. Attention is paid to the historically first using of the concept of intellectual property rights in international law and the shortcomings of this definition. The legal definition of this concept contained in the Civil Code of Ukraine is analyzed. It is concluded that the legislative enshrinement of intellectual property rights is evidence of its recognition by the state, and such a right applies to special objects, the list of which is enshrined at both national and international levels. The question of the relationship between the concepts of "protection" and "defense" of civil rights is covered. The main groups of approaches of scientists to the solution of this problem are indicated. An approach that defines "protection" as a general concept for "defense" is supported, where "protection" is a broader concept that covers the term "defense". Emphasis is placed on the fact that although these legal categories are related, they cannot be identified. The main features that distinguish these concepts are listed, and the features of "defense" as an independent concept are highlighted. There are given examples of definition of the concept of protection of intellectual property rights given by scientists. Based on these definitions, the main features of this term are summarized. The issue of forms of protection (jurisdictional and non-jurisdictional) has been studied. The general and special order within the jurisdictional form is distinguished. It is noted about the peculiarities of self-defense as a non-jurisdictional form. The focus is on the judicial (general) procedure for protection of intellectual property rights as the main one. Possible ways of protection (civil, administrative, criminal, and criminal) are analyzed. The problems and shortcomings of the current system of legal protection and protection of intellectual property rights in Ukraine are analyzed. Both reports from international partners and research by Ukrainian scientists were used. The authors outline ways to solve existing problems. The conclusions of the study are formulated and the possibility of further scientific research in this area is indicated.

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