scholarly journals ENFORCEMENT MECHANISMS OF INTELLECTUAL PROPERTY RIGHTS IN AGRICULTURAL HIGHER EDUCATION AND RESEARCHES آلیات تطبیق حقوق الملکیة الفکریة فى التعلیم الجامعى والبحوث الزراعیة

2012 ◽  
Vol 3 (12) ◽  
pp. 1701-1710
Author(s):  
جیهان المنوفى
Keyword(s):  
Higher Education ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Enforcement Mechanisms

Enforcing Intellectual Property Rights in Nigerian Courts

2018 ◽  
Vol 11 (2) ◽  
pp. 627-645
Author(s):  
Nkem Itanyi
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Judicial System ◽  
Comprehensive System ◽  
Property Law ◽  
Adequate Number ◽  
Property System ◽  
Enforcement Mechanisms ◽  
Protecting Intellectual Property

Abstract There is no point in making comprehensive provisions for the protection of various intellectual property rights without also providing a corresponding comprehensive system for enforcing the same when the rights are or about to be infringed. Therefore, an accessible, sufficient and adequate system/procedure is paramount in any worthwhile intellectual property system. Right holders must be granted means to enforce their rights just as is obtainable in other forms of tangible and intangible properties. To this end, all intellectual property systems need an effective judicial system that is empowered to deal with both civil wrongs and criminal offences while being presided over by adequate number of judges with the requisite experience in intellectual property law. This paper therefore examines: the raison-d’être for protecting intellectual property rights; the various enforcement mechanisms via the courts; sanctions and remedies for infringement of intellectual property rights amongst other incidental matters. The paper concludes with a call for the review of the sanctions for infringing intellectual property rights.

scholarly journals The Development Strategy of Intellectual Property Rights and the Quest for Materials Copyrighted in Islamic Higher Education

MAZAHIB ◽  
2019 ◽  
Vol 18 (1) ◽  
Author(s):  
Hervina Hervina
Keyword(s):  
Higher Education ◽  
Intellectual Property ◽  
Property Rights ◽  
Development Strategy ◽  
Intellectual Property Rights ◽  
Empirical Studies ◽  
Intellectual Property Right ◽  
State Institute ◽  
Higher Education System ◽  
The Right

Intellectual Property Rights becomes a serious discussion in some universities, especially in the Perguruan Tinggi Keagamaan Islam Negeri (PTKIN, State Islamic Higher Education system). The lack of copyrighted academic works in some PTKIN is the background why this article is published. This article aims at looking some development strategies that are exist in several universities in Indonesia. Using empirical studies, this article explores some experiences of three universities related to the strategy of developing intellectual property rights. These three universities are Universitas Islam Indonesia Yogyakarta (UII, Islamic University of Indonesia), Universitas Islam Negeri Sunan Gunung Djati Bandung (UIN Bandung, Sunan Gunung Djati State Islamic University of Bandung) and Institut Agama Islam Negeri Surakarta (Surakarta State Institute of Islamic Studies). This article finds that the development of intellectual property rights institutions in higher education includes four important things: mission, goals, strategies and policies. The conclusion of this article confirms that several universities have established institutions for strengthening intellectual property rights by having clear visions and measurable targets, so as to produce the right policies. Meanwhile, some higher education institutions have not established yet institution of Intellectual Property Right. However, several universities have been starting to strengthen the protection of intellectual property rights by raising some lecturers’ research to be copyrighted academic works.Keywords: Intellectual property rights, strategies for the development of IPR, Universities and IPR in Indonesia. Hak Cipta menjadi pembahasan serius di perguruan tinggi, khususnya di perguruan Tinggi Keagamaan Islam Negeri. Sedikitnya karya akademik yang memiliki perlindungan Hak Kekayaan Intelektual di PTKIN menjadi latar belakang mengapa artikel ini ditulis. Artikel ini bertujuan untuk melihat sejauh mana strategi pengembangan yang ada di beberapa perguruan tinggi di Indonesia. Dengan menggunakan studi empiris, artikel ini mencoba mengexplorasi beberapa pengalaman perguruan tinggi terkait dengan strategi pengembangan hak kekayaan intelektual.  Artikel ini menemukan bahwa pengembangan Lembaga hak kekayaan intelektual di perguruan tinggi mencakup empat hal: misi, tujuan, strategi dan kebijakan. Kesimpulan artikel ini menegaskan bahwa beberapa perguruan tinggi telah mendirikan Lembaga penguatan hak kekayaan intelektual dengan memiliki visi-misi yang jelas dan target terukur, sehingga mampu melahirkan kebijakan yang tepat. Sementara itu, beberapa perguruan tinggi lain belum memiliki capaian seperti yang telah disebutkan. Namun demikian, beberapa perguruan tinggi telah memulai penguatan hak kekayaan dengan mengangkat hasil penelitian para dosen menjadi karya akademik yang memiliki proteksi terhadap hak kekayaan intelektual.Kata Kunci: Hak kekayaan intelektual, strategi pengembangan HKI, Perguruan Tinggi dan HKI di Indonesia

scholarly journals Organizing the Management of Creation, Protection of Objects of Intellectual Property Rights and Technology Transfer in Scientific Institutions

2021 ◽  
Vol 8 (523) ◽  
pp. 40-47
Author(s):  
I. I. Khomenko ◽  
◽  
U. U. Krauchanka ◽  
Keyword(s):  
Higher Education ◽  
Technology Transfer ◽  
Intellectual Property ◽  
Property Rights ◽  
Research And Development ◽  
Intellectual Property Rights ◽  
Innovation Activity ◽  
High Tech ◽  
Scientific Institutions ◽  
The Creation

The successful implementation of the Strategy for the development of the sphere of innovation activity for the period up to 2030 involves taking into account the peculiarities of the organization of management of the creation, protection of intellectual property rights objects (IPRO) and technology transfer. Therefore, the article is aimed at studying these aspects in scientific institutions and developing effective proposals in this context. The article considers the importance of the role of objects of intellectual property rights in the activities of scientific institutions and the need for full functioning in these institutions of the units for technology transfer, innovation activity and intellectual property. The authors examine the problems that hinder the development of such units in scientific institutions and institutions of higher education. Based on the research of the experience of the aforementioned units in both domestic and foreign scientific institutions, it is recommended to introduce and develop in Ukraine mechanisms of the State support for innovation activities, technology transfer, commercialization of research results, intellectual property objects taking into account the experience of the EU Member States, technologically developed countries, directed towards developing innovations in business; combining business and scientific institutions, higher education institutions for research and development for transfer of technologies in the interests of enterprises; support of high-tech industries; development of innovative activities at the regional level. Important issues, in particular, are the development of model agreements for research and development with various options for the distribution of intellectual property rights between scientific organizations and national or foreign counterparties, which would take into account the international practice of concluding such agreements; development of provisions defining the peculiarities of creation and use of intellectual property objects by employees of the NAS of Ukraine who work in foreign projects and scientific institutions, as well as foreign specialists conducting research and development in institutions of the NAS of Ukraine. The nuances of management of the creation, protection of objects of intellectual property rights and technology transfer in scientific institutions related to the innovative attractiveness of enterprises are planned to be highlighted in further scientific research.

scholarly journals Economic and legal prospects of activation of science parks activity on the way to neoeconomics

2021 ◽  
pp. 82-96
Author(s):  
Oleksandr Butnik-Siverskyi
Keyword(s):  
Higher Education ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
The State ◽  
Research Institutions ◽  
Science Parks ◽  
License Agreement ◽  
Science Park ◽  
State Budget

Butnik-Siverskiy О. Economic and legal prospects of activation of science parks activity on the way to neoeconomics. The author researches and substantiates by generalizing the scientific points of view improving the legal regulation of the created science parks on the initiative of higher education institutionsand / or research institutions, taking into account the economic and legal prospect of intensifying their activities. National and foreign experience of science parks activity is considered. The content of using the founding agreement on creation of a science park and the agreement on partnership of business entities witha science park is provided. Problems that have not yet been resolved in the process of creating science parks and using innovative developments are noted. The classical content of entrepreneurship in innovation is provided and considered from the standpoint of clarifying the content of the innovation structure, which is based on the commercialization of intellectual property rights by their types, which is a part of the intellectual capital cycle with a corresponding effective result. There is substantiated the procedure of formation of the statutory capital of the science park, to which higher educational institutions and / or scientific institutions cannot use intellectual property rights to the objects, created at the expense of budgetary funds, but can only under the conclusion of a license agreement with business entity, having non-state and state form of ownership as transferred assets, which does not require the alienation of the object of intellectual property rights as part of intangible assets. It is proposed to use the target budget funds as the initial start-upcapital, which is provided on reverse terms to the state budget in case of closure (liquidation) of the science park by the decision of the founders or on the basis of a court decision. Alternatively, in the absence of target budget funds, it is proposed as a source of money to contribute to the statutory capital of the science park as a start-up capital to send part of the special fund of the state budget. It is justified the creation of a technology transfer office, which will be a structural unit of higher education institutions and / or research institutions, which will deal with the process of filing and reviewing a patent application and subsequent licensing. It isnoted that the science park can be the founder (co-founder) of small innovative enterprises and enter into partnership agreements with them for the implementation of certain innovative projects.Keywords: intellectual and innovation environment, science park, founding agreement, statutory capital, intellectual property rights, license agreement, legal status

scholarly journals ECONOMIC AND LEGAL PROSPECTS OF ACTIVATION OF SCIENCE PARKS ACTIVITY JN THE WAY TO NEOECONOICS

2020 ◽  
Author(s):  
Олександр Бутнік-Сіверський
Keyword(s):  
Higher Education ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Higher Education Institutions ◽  
Research Institutions ◽  
Science Parks ◽  
Science Park ◽  
State Budget ◽  
Start Up

The author researches and substantiates by generalizing the scientific points of view improving the legal regulation of the created science parks on the initiative of higher education institutions and / or research institutions, taking into account the economic and legal prospect of intensifying their activities. National and foreign experience of scienceparks activity is considered. The content of using the founding agreement on creation of a science park and the agreement on partnership of business entities with a science park is provided. Problems that have not yet been resolved in the process of creating science parks and using innovative developments are noted. The classical content of entrepreneurship in innovation is provided and considered from thestandpoint of clarifying the content of the innovation structure, which is based on the commercialization of intellectual property rights by their types, which is a part of the intellectual capital cycle with a corresponding effective result. There is substantiated the procedure of formation of the statutory capital of the science park, to which higher educational institutions and / or scientific institutions cannot use intellectual property rights to the objects, created at the expense of budgetary funds, but can only under the conclusion of a license agreement with business entity,having non-state and state form of ownership as transferred assets, which does not require the alienation of the object of intellectual property rights as part of intangible assets. It is proposed to use the target budget funds as the initial start-up capital, which is provided on reverse terms to the state budget in case of closure (liquidation) of the science park by the decision of the founders or on the basis of a court decision. Alternatively, in the absence of target budget funds, it is proposed as a source of money to contribute to the statutory capital of the science park as a start-up capital to send part of the special fund of the state budget. It is justified the creation of a technology transfer office, which will be a structural unit of higher education institutions and / or research institutions, which will deal with the process of filing and reviewing a patent application and subsequent licensing. It is noted that the science park can be the founder (co-founder) of small innovative enterprises and enter into partnership agreements with them for the implementation of certain innovative projects.

scholarly journals Academic Integrity in Higher Education of Ukraine: Current State and Call for Action

2020 ◽  
Vol 2020 ◽  
pp. 1-8
Author(s):  
Vadym Luniachek ◽  
Alla Brovdii ◽  
Oleksandr Kulakovskyi ◽  
Tetyana Varenko ◽  
Kirsi Tirri
Keyword(s):  
Higher Education ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Academic Writing ◽  
Academic Integrity ◽  
Teaching Staff ◽  
Rights Protection ◽  
Intellectual Property Rights Protection ◽  
University Leaders

The research aims to define the scope and challenges of intellectual property rights protection in higher schools of Ukraine and offer recommendations to address those for higher education officials and university leaders. The findings of the research rely on the results of an anonymous expert survey conducted among non-law students of two institutions of higher education using a specially designed questionnaire. They reveal a significantly low level of students’ awareness and knowledge of intellectual property rights, academic integrity, and protection thereof, which undermines the internal education quality. At the same time, there exists a high demand for receiving the relevant knowledge within the university programmes the students are enrolled in. It, therefore, seems expedient to design and include “Intellectual Property and Academic Integrity” as a subject in the curricula of higher educational institutions of Ukraine to be taught at the first year of training, and develop a special course in the fundamentals of intellectual property and academic writing to build the students’ relevant competences. Similarly, it is essential that the teaching staff should be trained accordingly and have the relevant powers and tools to impart and enforce academic integrity rights protection.

scholarly journals The distribution of economic rights to intellectual property rights objects, created in higher education institutions of Ukraine on order

2021 ◽  
pp. 94-103
Author(s):  
Yuliia Osypova
Keyword(s):  
Higher Education ◽  
Law Enforcement ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Visual Art ◽  
Higher Education Institutions ◽  
Unified Approach ◽  
Economic Rights ◽  
The Creation

Keywords: the distribution of economic rights; economic intellectual property rights; intellectualproperty rights objects, created on order; higher education institutions; intellectualproperty rights of higher education institutions; intellectual property rights objects;agreements for the creation on order and the use of intellectual property rights objects The article investigates the procedure for the distribution of economic rights to IPR objects,created in higher education institutions of Ukraine on order. In the course of researchgeneral requirements of the current legislation of Ukraine concerning possiblevariants of distribution of economic rights to IPR objects, created on order, have been defined.Based on this analysis it has been found that the legislator departed from the previouslyexisting unified approach to the distribution of economic rights to IPR objects,created on order, therefore, there are currently several legally enshrined approaches tothe distribution of economic rights to such objects. At the same time, the choice of one oranother option will depend on the type of the IPR object, created on order (work or anotherIPR objects), and in some cases from the purpose of its creation (has been createdspecifically as a piece of software or not).In addition, the author discovered the existence of a legal conflict between the provisionsof Part. 4 Art. 440 and Art. 1112 of the Civil Code of Ukraine, Part 6 of Art. 33 ofthe Law of Ukraine «On Copyright and Related Rights» regarding the approach to thedistribution of economic rights, in particular, to works, created on order (except for worksof visual art). Also, it has been established that Art. 430 and Art. 1112 of the Civil Codeof Ukraine contain a different approach to determining the list of IPR objects, that can becreated on order.The article also disclosed the consequences of the existence of these inconsistencies forthe law enforcement practice, including for resolving the issue of choosing an appropriateform of agreement for the settlement of legal relations regarding the creation of IPR objects,other than a work, which are included in the concept of "an object, created on order"today. The fundamental importance of solving this issue for the educational sphere hasbeen revealed.Based on the results of the study, a general vision of possible options for the distributionof economic rights to IPR objects, created in higher education institutions of Ukraineon order, has been outlined. Also, suggestions to improve the legislation of Ukraine havebeen made.

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