II. Industrial Property Law-Patents, Trademarks, and Designs

1963 ◽  
Vol 12 (1) ◽  
pp. 100
Author(s):  
Walter J. Derenberg
Keyword(s):  
Property Law ◽  
Industrial Property

scholarly journals Creation of Technical Conditions for Use or Infringement – The Meanders of the Warehouse Keeper’s Liability in Light of CJEU Judgment C-567/18 Coty Germany

2021 ◽  
Vol 52 (3) ◽  
pp. 265-282
Author(s):  
Krystyna Szczepanowska-Kozłowska
Keyword(s):  
Property Rights ◽  
Point Of View ◽  
Literal Meaning ◽  
Property Right ◽  
Third Party ◽  
Property Law ◽  
Industrial Property ◽  
The Absolute ◽  
The Law ◽  
Trademark Use

AbstractOne form of industrial property right infringement is stocking for the purpose of offering or marketing. This form of infringement appears both in EU legal acts on trademarks or designs, as well as in national regulations, including those concerning patents. What is specific to stocking when compared to other activities comprising the stipulated exclusivity of the holder of industrial property rights is the fact that the literal meaning of “stocking” does not explain whether the infringing party or the warehouse keeper is the entity that places the goods in storage. The structure of industrial property rights as absolute rights would theoretically permit the view that the law is violated by both the entity that accepts the goods for storage and the entity that places such goods in storage. To determine if there is an infringement, it must be established what the goods being stocked are further intended for. It is not without significance that the finding of an infringement of industrial property rights does not depend on fault or awareness. From the point of view of the industrial property law regime, it is difficult to find arguments against this understanding of infringement by stocking. Since the offeror of goods infringing industrial property rights may be held liable even if the goods have not yet been manufactured, it is conceivable that the entity accepting such goods for stocking is also liable. This interpretation of the concept of stocking would certainly correspond to the absolute nature of liability for infringement.In a recent judgment the CJEU confirmed that the warehouse keeper who, on behalf of a third party, stores goods which infringe trademark rights only creates the technical conditions for trademark use by this third party provided that the warehouse keeper is not aware of that infringement. The CJEU also confirmed that only the person who decides about the purpose of storing the goods can be treated as an infringer. However, the CJEU did not respond to the question regarding whether the warehouse keeper could be treated as an infringer if it pursues the aims of storing the goods at the request of the entity that put the goods into storage.

Rhetorics of Power and Development: Intellectual Property Rights and The Pharmaceutical Industry in Brazil

2007 ◽  
Vol 6 (4) ◽  
pp. 585-610 ◽  
Author(s):  
Ariane McCabe
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Pharmaceutical Industry ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Regulatory Framework ◽  
Property Law ◽  
Industrial Property ◽  
Rights Discourse

AbstractThis paper examines the rise of an intellectual property (IP) rights discourse and highlights how it has been translated into national IP regimes. Recently, IP has become a polarizing concept, and attention has focused on questions that are overly narrow in scope. The characterization of the issue in simplistic dichotomous terms has ignored complex realities of developing countries. The case of Brazil is to highlights the complex ways in which the local pharmaceutical industry has been shaped by and has responded to the regulatory framework that has been established since and including the passage of the 1996 Industrial Property Law.

LAW IN FUTURE: INTELLECTUAL PROPERTY, INNOVATION, INTERNET

2019 ◽  
Author(s):  
Keyword(s):  
Human Rights ◽  
Graduate Students ◽  
New Technologies ◽  
High Tech ◽  
The Internet ◽  
Business Practices ◽  
Property Law ◽  
International Treaties ◽  
Industrial Property ◽  
Neighbouring Rights

Concepts of law development in new technologies environment, international treaties and national legislation on copyright, neighbouring rights, industrial property law, means of individualization are analyzed. Issues of security and human rights on the Internet, the development of the digital economy and high-tech business, judicial and business practices are investigated. For researchers, professors, graduate students, students, practicing lawyers.

Emerging Issues: Pharmaceuticals and Patents in Developing Countries

2008 ◽  
Vol 10 (2) ◽  
Author(s):  
Cristina Possas
Keyword(s):  
Developing Countries ◽  
Intellectual Property Rights ◽  
Universal Access ◽  
Property Law ◽  
International Agreement ◽  
Industrial Property ◽  
China And India ◽  
Emerging Issues ◽  
National Capacity ◽  
Circulation Of Knowledge

This article analyses the Intellectual Property Rights (IPR) debateon pharmaceuticals, an issue introduced by TRIPS, a World TradeOrganization(WTO) Agreement on Trade Related Aspects of Intellectual PropertyRights which included pharmaceuticals as subject to patents, equivalent toany other product in the market. Available research results indicate that patentinglife saving products, such as antiretroviral (ARV) drugs, is controversial, since itcreates a temporary monopoly and restricts circulation of knowledge, delayinginnovation and leading to a significant increase in the prices of drugs. In Brazil,in 1996, the country immediately complied to this international agreement andimplemented a National Industrial Property Law in many aspects more restrictivethan TRIPS, with detrimental impacts on the national pharmaceutical enterprises.Contrasting with the Brazilian IPR option, China and India adopteda different strategy and waited for a decade to build their national capacity forresearch and development for pharmaceuticals and ARV drugs, before decidingto comply to TRIPS. We discuss the consequences of these three different policyoptions, examining the implications of the premature compliance of Brazil toTRIPS and anticipating its possible impacts on the successful country’s policyof free and universal access to ARV.

Poland (‘.pl’)

2015 ◽  
Author(s):  
Justyna Ożegalska-Trybalska
Keyword(s):  
Property Law ◽  
Industrial Property

Protection of industrial property in Poland, including trademarks, is governed by the Industrial Property Law (Ustawa prawo własności przemysłowej), dated 30 June 2000 (hereinafter the IPL).

scholarly journals Is industrial property law a catalyst for inequality? Instruments for a holistic legal-economic development

2020 ◽  
pp. 223-247
Author(s):  
Raúl Alexander Velasco Chávez
Keyword(s):  
Economic Development ◽  
Property Law ◽  
Industrial Property

Esta miscelánea tiene como objetivo reflexionar entorno a las relaciones centrales entre el derecho de propiedad industrial y el desarrollo, entendido desde una acepción holística. En la primera sección se discuten algunas generalidades respecto a la propiedad intelectual que serán de gran utilidad instrumental a lo largo del escrito. En la segunda sección se explican los recursos metodológicos empleados, el alcance de la investigación, los usos de fuentes y las aproximaciones cognitivas que se pretenden alcanzar. En la tercera sección se presenta una síntesis de los resultados a los que se ha arribado mediante la investigación. A continuación, se discuten los resultados presentados y se reflexiona acerca del cumplimiento de la hipótesis. Finalmente, se esboza un corolario y el planteamiento de nuevas interrogantes derivadas de esta indagación preliminar.

Legal and criminological aspects of pharmaceutical crime

2016 ◽  
Vol 1 (1) ◽  
pp. 8-20
Author(s):  
Paulina Samuel
Keyword(s):  
Criminal Responsibility ◽  
Penal Code ◽  
First Century ◽  
Controversial Issue ◽  
Property Law ◽  
Industrial Property ◽  
State Institutions ◽  
Wide Range ◽  
Twenty First Century ◽  
Pharmaceutical Crime

This paper is devoted to the phenomenon of pharmaceutical crime. It is said to be one of the biggest threats in the twenty-first century, not only for the life, health and property of individuals, but also for businesses, state institutions and the economy as a whole. This controversial issue is very complex and because of this the publication’s author chooses to focus on the legal and criminal aspects of the phenomenon. The author shares statistics about the scale of the problem in Poland. He also tries to define this crime in legal terms. He also raises issues around criminal responsibility which is regulated by several acts - Penal Code, Pharmaceutical Law and the Industrial Property Law. This paper presents a wide range of factors that have a major impact on emergence and development of pharmaceutical crime. In this paper, the elements of criminal prevention of this type of crime, both within Poland and internationally are addressed.

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