scholarly journals Intellectual Property Rights in Digital Media: A Comparative Analysis of Legal Protection, Technological Measures and New Business Models under E.U. and U.S. Law

2005 ◽  
Author(s):  
Nicola Lucchi
Keyword(s):  
Comparative Analysis ◽  
Intellectual Property ◽  
Property Rights ◽  
Digital Media ◽  
Intellectual Property Rights ◽  
Business Models ◽  
Legal Protection ◽  
New Business ◽  
New Business Models

scholarly journals Against Strong Copyright in E-Business

2010 ◽  
pp. 152-171
Author(s):  
D. E. Wittkower
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Digital Media ◽  
Intellectual Property Rights ◽  
Business Models ◽  
Doing Business ◽  
General Obligation ◽  
New Business ◽  
Content Provision ◽  
New Business Models

As digital media give increasing power to users—power to reproduce, share, remix, and otherwise make use of content—businesses based on content provision are forced to either turn to technological and legal means of disempowering users, or to change their business models. By looking at Lockean and Kantian theories as applied to intellectual property rights, we see that business is not justified in disempowering users in this way, and that these theories obligate e-business to find new business models. Utilitarian considerations support disempowering users in this way in some circumstances and for the time being, but also show that there is a general obligation to move to new business models. On these moral bases, as well as on practical bases, e-business ought to refrain from using the legally permitted strong copyright protections, and should instead find ways of doing business which support, value, and respect the technical capabilities that users have gained.

scholarly journals Against Strong Copyright in E-Business

2011 ◽  
pp. 2157-2176
Author(s):  
D. E. Wittkower
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Digital Media ◽  
Intellectual Property Rights ◽  
Business Models ◽  
Doing Business ◽  
General Obligation ◽  
New Business ◽  
Content Provision ◽  
New Business Models

As digital media give increasing power to users—power to reproduce, share, remix, and otherwise make use of content—businesses based on content provision are forced to either turn to technological and legal means of disempowering users, or to change their business models. By looking at Lockean and Kantian theories as applied to intellectual property rights, we see that business is not justified in disempowering users in this way, and that these theories obligate e-business to find new business models. Utilitarian considerations support disempowering users in this way in some circumstances and for the time being, but also show that there is a general obligation to move to new business models. On these moral bases, as well as on practical bases, e-business ought to refrain from using the legally permitted strong copyright protections, and should instead find ways of doing business which support, value, and respect the technical capabilities that users have gained.

scholarly journals Open innovation in terms of legal protection of intellectual property

2021 ◽  
pp. 105-120
Author(s):  
Anastasiia Yarmoliuk
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Open Innovation ◽  
Business Models ◽  
Legal Protection ◽  
Creative Economy ◽  
New Production ◽  
Innovative Technologies ◽  
Innovation Model

Yarmoliuk A. Open innovation in terms of legal protection of intellectual property. The author notes that according to the latest global trends in the development of intellectual property rights, business entities operate in the context of radical changes taking place in most sectors of the economy. As new breakthrough technologies and subjects of innovative activity appear. The article emphasizes that this perspective envisages the transition of Ukraine to a new production system, which requires institutional changes. According to the author, today there is also a tendency to reduce the life cycle of innovations, increase the speed of implementation of new developments and strengthen the trends of digital transformation. Therefore, the digitalization of the economy requires the involvement of new forms of cooperation with open innovations including new business models for the use of intellectual property. The article notes that intellectual property, in turn, plays a key role in the development of innovation. At the same time, the importance of intellectual property within the model of open innovation changes with the transformation of economic processes into a creative economy. Today, there is an extremely low level of implementation of creative innovative developments, which indicates the ineffectiveness of the strategy for commercialization of research results. As the author emphasizes, the open innovation model is aimed at solving this problem. Exactly the exchange of knowledge and new results between innovative enterprises and their partners is a major lever for further creative innovation. Therefore, the author determines that effective legal protection of intellectual property plays a key role in promoting innovation within the concept of open innovation. Innovative technologies have been successfully commercialized with the strategic use of intellectual property rights. As indicated in the article, intellectual property also significantly enhances the competitiveness of innovative enterprises, preserves their innovative advantages, and facilitates the process of bringing innovative technologies created under the open innovation model to the market.Keywords: open innovation, intellectual property rights, intellectual property, innovative enterprise, «smart city»

Branding Strategy By Social Media Ads And The Implementation Of Intellectual Property Rights In Wonogiri Coffee SMES (UMKM)

2020 ◽  
Author(s):  
Kartika Ayu Ardhanariswari ◽  
Ninik Probosari ◽  
Ari Wijayanti
Keyword(s):  
Social Media ◽  
Intellectual Property ◽  
Property Rights ◽  
Digital Media ◽  
Intellectual Property Rights ◽  
Small And Medium Enterprises ◽  
Legal Protection ◽  
Central Java ◽  
Protecting Intellectual Property ◽  
Medium Enterprises

In fact, many Micro, Small, and Medium Enterprises (MSMEs/UMKM) are not yet aware of the importance of branding for competitiveness and not aware of the importance of protecting intellectual property rights and more focused on aspects of product sales. Micro, Small, and Medium Enterprises (MSMEs/UMKM) play an important and strategic role in building the national economy. Seeing the fairly good conditions above, it turns out that the existence of Coffee MSMEs in Wonogiri Regency, Central Java still has several obstacles, namely in branding / promotional media and also protection of Trademark Intellectual Property Rights. Because it is very important for every Coffee MSME to have a strategy and approach that is clear and unique to an identity to be poured into branding through social media or other digital media. To strengthen coffee MSMEs in Wonogiri Regency, one of the important strategies to implement is to provide awareness dissemination of the importance of branding/brands for MSMEs and also assistance in branding through social media as the identity of MSMEs. Branding strategies need to be done in order to build the image and identity of the products produced by MSMEs that are able to influence consumers to have positive perceptions of the products, characters, abilities, appearance and offers that are being promoted. The last most important problem for MSME actors is that there is no awareness of the importance of legal protection regarding Intellectual Property Rights regarding Trademarks, Copyrights, and Industrial Designs. So there is a concern that the product is plagiarized by others or is prosecuted legally because there are products that have the same trademark.

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

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.

scholarly journals KEEPING THE NATION'S ASSETS THROUGH THE LEGAL PROTECTION OF COPYRIGHT WORKS OF CULTURE

2016 ◽  
Vol 1 (1) ◽  
pp. 55-71
Author(s):  
Zulkifli Makkawaru
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Literature And Science ◽  
Community Rights ◽  
Art And Culture ◽  
The Right

Indonesia positioned copyright art and culture based on its strength as a nation or community rights over an Alliance grouping of the society which can give the effect of distortions in its protection. Which institution can be megurus and oversee the interests between countriesCultivate ideas/ideas in the fields of art, literature and science in the context of intellectual property rights (HKI) categorized into areas of HKI named Copyright (Copyright). The scope of the rights provided for the protection of copyright in the context of this very broad following elements known in several countries. There is a different understanding about the copyright status of culture from both the substance of the right nor of the appreciation of the case which threatens foreign claims copyright over the culture of Indonesia

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