Joint Ownership of Trademarks and International Injunctions Related to Intellectual Property Rights. An ‘Italian Comedy’ With a ‘French Ending’. A Review of an Argentine Supreme Court Ruling Regarding an Application for Interim Relief in the Lawsuit

2013 ◽  
Author(s):  
Gustavo Schötz
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Supreme Court ◽  
Intellectual Property Rights ◽  
Court Ruling ◽  
Supreme Court Ruling ◽  
Italian Comedy ◽  
Joint Ownership

scholarly journals International Standards of Proof at the Stage of Court Consideration of Criminal Proceedings for Infringement of Intellectual Property Rights

2021 ◽  
pp. 111-122
Author(s):  
Yevhenii KOMPANETS
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Supreme Court ◽  
Intellectual Property Rights ◽  
International Standards ◽  
Reasonable Doubt ◽  
Criminal Proceedings ◽  
European Court ◽  
The Supreme Court ◽  
Standards Of Proof

Based on the analysis of scientific works, decisions of the European Court of Human Rights, foreign and national law enforcement practice, the theoretical aspects and the practice of use of standards of proof «weighty conviction», «beyond reasonable doubt» in criminal proceedings for infringement of intellectual property rights have been studied. Based on the opinions of scholars and the positions of the courts, the problematic issues, in particular, the place of the balance of probabilities in the judicial standards of proof and criminal proceedings have been identified. Critical remarks on the existing approaches have been made and the consequences of the lack of unity of the approach to implementation of standards of proof in Ukraine have been outlined. Recognition by the Supreme Court of the permanent criteria of the standard «beyond reasonable doubt» does not secure against contradictory judgements/decisions in similar cases. Such decisions do not contribute to the principles of legal certainty and fairness; they lead to avoiding of liability by infringers, repeated infringement of intellectual property rights and introduction of counterfeit products/counterfeit content into turnover. For discussion in the scientific community and for taking into consideration by the practical workers, a number of the decisions of the Supreme Court, which could guide further implementation of judicial standards of proof on the basis of the established criteria, inner conviction and «common sense», has been proposed.

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

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