Wybrane prawnokarne aspekty ochrony praw autorskich

2020 ◽  
pp. 195-203
Author(s):  
Iga Kalinowska-Maksim
Keyword(s):  
Intellectual Property ◽  
Criminal Law ◽  
Modern Art ◽  
Copyright Law ◽  
Fundamental Rights ◽  
Starting Point ◽  
Penal Law ◽  
Common Character

This article refers to the issues associated with crimes against intellectual property that are regulated in the act of copyright and related rights.The most relevant questions connected with the application of the regulations, especially article 115 and 116 copyright and related rights and a fewother acts discussed in the text. There was also an elaboration of the fundamental rights that are protected by this act. The topic, which was frst elaborated from the theoretic view, was further collated with controversial practical examples. Development of the technology may cause problems with theapplication of the regulations. Plagiarism is mostly associated with literarycompositions. In the article, an example of modern art was submitted. Itappears that the issue of plagiarism is not very clear in practice, since it ispossible to be inspired by the same subjects. Moreover, there are things thatare not protected by copyright law, because of their common character. Theavailability and ease of re-enactment and reproduction of compositions thatare protected by copyright involve signifcant risks and potential violationsof these rights. An example was given in a case with tattoos and their copyrights, but also their penal law protection. The imprecise and abstract character of copyrights may be a starting point to abuse the protection of copyrights and related rights in civil as well as criminal law.

scholarly journals Beyond Invention: Patent as Knowledge Law

2017 ◽  
Author(s):  
Michael J Madison
Keyword(s):  
Intellectual Property ◽  
Subject Matter ◽  
Cultural Influences ◽  
The United States ◽  
Copyright Law ◽  
Property Law ◽  
Intellectual Property Law ◽  
Starting Point ◽  
Invention Patent ◽  
Patentable Subject Matter

The decision of the Supreme Court of the United States in Bilski v. Kappos, concerning the legal standard for determining patentable subject matter under the American Patent Act, is used as a starting point for a brief review of historical, philosophical, and cultural influences on subject matter questions in both patent and copyright law. The article suggests that patent and copyright law jurisprudence was constructed initially by the Court with explicit attention to the relationship between these forms of intellectual property law and the roles of knowledge in society. Over time, explicit attention to that relationship has largely disappeared from the Court’s opinions. The article suggests that renewing consideration of the idea of a law of knowledge would bring some clarity not only to patentable subject matter questions in particular but also to much of intellectual property law in general.

scholarly journals Dear reader,

2019 ◽  
Vol 28 ◽  
pp. 1-1
Author(s):  
Jaan Sootak
Keyword(s):  
Intellectual Property ◽  
Criminal Law ◽  
Assisted Suicide ◽  
Criminal Liability ◽  
Legal Protection ◽  
Contract Law ◽  
Fundamental Rights ◽  
Legal Person ◽  
Medical Law ◽  
The University

A large proportion of the articles in Juridica International this year is dedicated to criminal law. A paper that truly addresses the issues of legal dogmatics in this field in depth with regard to delict of negligence was contributed by Laura Feldmanis. Raimo Lahti’s article on the criminal liability of a legal person is written from the standpoint of criminal and comparative law, while Frieder Dünkel’s approach to German sanction law should provide plenty of interest and joy of discovery for legal scientists and practitioners alike. Thomas Weigend’s submission, in turn, takes a rather unique look at the material element in criminal law and criminal procedure. He focuses his attention on truth and values. Andres Parmas has considered Estonian criminal law in relation to the dogmatics of international criminal law. All of these articles are an outgrowth of presentations made at a jubilee conference that took place at the University of Tartu. I would like to take the opportunity here to thank everyone who participated in the conference – especially, of course, the speakers. In addition, two articles on medical law had their beginnings in presentations at the conference. One of them, by Henning Rosenau, is squarely in the domain of classic medical law, bringing together discussion of human rights and of issues connected with reproductive medicine. The other medical-law article, by Henning Lorenz, draws particular attention to an addition to German criminal law that has made waves (and met a lot of criticism) in the fields of criminal law, medical law, and legal policy in general: criminalising assisted suicide. This topic has been subject to intense discussion also in the media of Estonia and other countries.  I can happily say on behalf of both myself and the editorial board that, at the same time, the new issue offers plenty to read also for those less interested in criminal and medical law. Self-driving cars are a matter of interest not only to engineers but also for lawyers. Taivo Liivak’s ‘What Safety are We Entitled to Expect of Self-driving Vehicles?’ considers some of the issues that we will soon face on the streets on a daily basis. Private law is represented in the article ‘A Half-built House? The New Consumer Sales Directive Assessed as Contract Law’. This piece on consumer protection and contract law was submitted by Kåre Lilleholt, who holds the title Doctor Honoris Causa from the University of Tartu. A paper jointly authored by Ilya Ilin and Aleksei Kelli, ‘The Use of Human Voice and Speech in Language Technologies: The EU and Russian Intellectual Property Law Perspectives’, examines the legal protection of intellectual property. The field of constitutional law is represented too, by Ivo Pilving’s presentation of an approach to fundamental rights in the context of European Union law in ‘Parallele Anwendbarkeit von Grundrechtecharta der EU und nationalen Grundrechten’. Still more colours are added to the legal palette by Märt Maarand, with his article ‘The Concept of Recovery of Credit Institutions in the Bank Recovery and Resolution Directive’, and by the paper ‘Is Full Preference for a Secured Claim in Insolvency Proceedings Justified?’, by Anto Kasak. 

scholarly journals SANKSI PELANGGARAN HAK CIPTA MENURUT HUKUM PIDANA ISLAM DAN HUKUM POSITIF DI INDONESIA

2019 ◽  
Vol 2 (2) ◽  
Author(s):  
Yandi Maryandi
Keyword(s):  
Intellectual Property ◽  
Intellectual Property Rights ◽  
Criminal Law ◽  
Copyright Law ◽  
Trade Secrets ◽  
Indonesian Population ◽  
The Earth ◽  
Patent Rights ◽  
The Face ◽  
Protecting Intellectual Property

AbstrakSecara hakiki segala yang diam dan bergerak di muka bumi baik daratan maupun lautan memang milik Allah. Kalau secara hakiki ini diterapkan dalam keseharian, kehidupan mendadak chaos karena siapa saja merasa khalifatullah. Namun, secara majazi hak milik Allah bisa diidhofahkan kepada siapa saja agar kehidupan jadi terang dan terus berjalan. Hak atas Kekayaan Intelektual (HKI) merupakan salah satu hak yang telah mendapatkan perlindungan secara hukum di Indonesia, ada beberapa peraturan perundang-undangan yang mengatur tentang hak-hak yang termasuk dalam ruang lingkup kekayan intelektual seperti hak cipta, hak paten, hak merek, hak rahasia dagang dan sebagainya. Yang perlu diketahui lebih mendalam adalah bagaimana hak cipta dalam perspektif hukum Pidana Islam karena Indonesia sebagai negara terbesar menganut agama Islam akan sangat mempengaruhi pemahaman dan kesadaran penduduk Indonesia akan pentingnya perlindungan terhadap hak atas kekayaan intelektual.Kata kunci: Hak Cipta, Hukum, Pidana IslamAbstractBasically everything that is stationary and moves on the face of the earth, both land and sea, indeed belongs to God. If it is essentially applied in daily life, life suddenly chaos because anyone feels khalifatullah. However, by virtue of God's property can be transferred to anyone so that life will be bright and keep going. Intellectual Property Rights (IPR) is one of the rights that has been legally protected in Indonesia, there are several laws and regulations governing rights that are included in the scope of intellectual property such as copyright, patent rights, trademark rights, rights trade secrets and so on. What needs to be known more deeply is how copyright in the perspective of Islamic Criminal law because Indonesia as the largest country adheres to Islam will greatly affect the understanding and awareness of the Indonesian population on the importance of protecting intellectual property rights.Keywords: Copyright, Law, Islamic Criminal

scholarly journals Realizacja konstytucyjnej zasady nullum crimen sine lege certa w świetle art. 115 ust. 3 u stawy o prawie autorskim i prawach pokrewnych

2018 ◽  
Vol 25 ◽  
pp. 125-139
Author(s):  
Anna Grzywacz
Keyword(s):  
Intellectual Property ◽  
Intellectual Property Rights ◽  
Criminal Law ◽  
Copyright Law ◽  
Final Conclusion ◽  
Legal Certainty ◽  
Legal Norms ◽  
Constitutional Tribunal ◽  
Secondary Issue

Realization of a nullum crimen sine lege certa principle in light of Article 115 Paragraph 3 of a Polish Copyright ActThe aim of the article is to analyze the content of Article 115 Paragraph 3 of the Polish Copyright Act and to examine the constitutionality of the provision based on the nullum crimen sine lege certa principle expressed in Article 42 of the Constitution. The basis for the allegation of the unconstitutionality of the provision is the Article’s use of the phrase: “Who […] otherwise violates”, which is, in the opinion of the doctrine, imprecise and contrary to the principle of legal certainty in matters of criminal law. Basing on the quoted regulations and the practice the author tries to answer a question whether the content of Article 115 Paragraph 3 of the Polish Copyright Act is constitutional and subjects the issue of using such clauses to the polemics. The article presents arguments for the rightness of such regulation as well as opposing views and the final conclusion based on the judgment of February 17, 2015, in which the Constitutional Tribunal adjudicated on the conformity of the regulation with the Constitution. Despite the approving position of the Constitutional Tribunal the issue of the constitutionality of the provision is still controversial and causes problems in the classification of acts as prohibited under the Copyright Act. Nevertheless, the use of complementary clauses in particular containing the phrase: “Who […] otherwise violates” seems to be unavoidable due to the dynamic development of technology and law. The principle of legal certainty can be implemented using a pro-constitutional interpretation in order to maximize the alignment of legal norms with the objectives and values expressed in the Constitution. This paper will also examine the secondary issue of criminal law protection of intellectual property rights with an emphasis on copyright law.

The Protection of Non-Traditional Trademarks

2018 ◽  
Keyword(s):  
Intellectual Property ◽  
Freedom Of Expression ◽  
Fundamental Rights ◽  
Comprehensive Overview ◽  
Property System ◽  
Starting Point ◽  
Problems And Solutions ◽  
The Status ◽  
Trademark Protection ◽  
The Impact

During the last decades, non-traditional marks have found their way into trademark registers worldwide. Against this background, the time has come to take stock. Which law and practice has evolved with regard to these marks? How do trademark offices and courts address the wide variety of issues—ranging from legal-doctrinal to competition-based and cultural concerns—that are raised by the inclusion of non-traditional marks in the trademark system? Which positions have evolved in the debate on the continuous expansion of the domain of trademark protection? Which repercussions does this expansion have on other branches of intellectual property protection and the intellectual property system as a whole? Offering a fresh, critical, and interdisciplinary analysis of the questions raised by the acceptance of non-traditional marks, this book provides an insightful academic—and at the same time practical—legal and economic review of the topic. Office and court decisions from different countries and regions serve as a starting point for a comparison of existing approaches to non-traditional marks. Providing a comprehensive overview of the status quo in different jurisdictions, the essays in this book offer a cutting-edge discussion of legal problems and solutions in the field of non-traditional marks. The analysis, however, goes far beyond specific questions of trademark law and practice. It places the issue in the broader context of fundamental rights, in particular freedom of competition and freedom of expression, and explores the impact on other fields of intellectual property, such as patent, copyright, and industrial designs law.

The Dual Penal State

2018 ◽  
Author(s):  
Markus D. Dubber
Keyword(s):  
Criminal Law ◽  
Personal Autonomy ◽  
Wide Field ◽  
Liberal State ◽  
Political Issues ◽  
Penal State ◽  
Penal Law ◽  
War On Crime ◽  
History Of ◽  
Patriarchal Power

Dual Penal State: The Crisis of Criminal Law in Comparative-Historical Perspective addresses one of today’s most pressing social and political issues: the rampant, at best haphazard, and ever-expanding use of penal power by states ostensibly committed to the enlightenment-based legal-political project of Western liberal democracy. Penal regimes in these states operate in a wide field of ill-considered and little constrained violence, where radical and prolonged interference with the autonomy of the very persons upon whose autonomy the legitimacy of state power is supposed to rest has been utterly normalized. At bottom, this crisis of modern penality is a crisis of the liberal project itself; the penal paradox is merely the sharpest formulation of the general paradox of power in a liberal state: the legitimacy of state sovereignty in the name of personal autonomy. To capture the depth and range of the crisis of contemporary penality in ostensibly liberal states, Dual Penal State leaves behind customary temporal and parochial constraints, and turns to historical and comparative analysis instead. This approach reveals a fundamental distinction between two conceptions of penal power, penal law and penal police, that run through Western legal-political history, one rooted in autonomy, equality, and interpersonal respect, and the other in heteronomy, hierarchy, and patriarchal power. Dual penal state analysis illuminates how this distinction manifests itself in the history of the present of various penal systems, from the malign neglect of the American war on crime to the ahistorical self-satisfaction of German criminal law science.

Penal Law and Penal Police in the Dual Penal State

2018 ◽  
Author(s):  
Markus D. Dubber
Keyword(s):  
Criminal Law ◽  
Critical Analysis ◽  
The Other ◽  
Liberal Democratic ◽  
Democratic State ◽  
Alternative Approach ◽  
Penal State ◽  
Penal Law ◽  
Patriarchal Power ◽  
Modes Of Governance

The first part of Dual Penal State investigated various ways in which criminal law doctrine and scholarship (or “science”) have failed to address the challenge of legitimating penal power in a modern liberal democratic state. This, second, part explores an alternative approach to criminal law discourse that puts the legitimacy challenge of modern penal law front and center: critical analysis of criminal law in a dual penal state. Dual penal state analysis differentiates between penal law and penal police, two conceptions of penal power, and state power more generally, rooted in autonomy, equality, and interpersonal respect, on one hand, and in heteronomy, hierarchy, and patriarchal power, on the other. Chapter 4 applies the distinction between law and police as fundamental modes of governance set out in Chapter 3 to the penal realm and explores the tension between penal law and penal police as constituting the dual penal state.

The Protection of Intellectual Property in International Human Rights Law

2017 ◽  
Author(s):  
Henning Grosse Ruse-Khan
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Fundamental Rights ◽  
European Convention ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Cultural Rights ◽  
Core Subject ◽  
Charter Of Fundamental Rights ◽  
The Eu

This chapter examines the human rights system and the way it deals with human creations and innovations that are the traditional core subject matter of intellectual property (IP) rights. It begins by reviewing the scope for protection under Article 27 (2) Universal Declaration of Human Rights (UDHR) and Article 15 (1) (c) of the International Covenant on Economic, Social and Cultural Rights (ICESCR). The chapter moves on to the protection of property in human rights law, especially on the regional, European level. It examines how IP can be protected as property under the European Convention of Human Rights (ECHR) and under the EU Charter of Fundamental Rights (EU Charter). Finally, the chapter looks at some of the overlaps with international IP rules and the conflict norms in the human rights system to address such overlaps.

Fixing Improvisation

2014 ◽  
Author(s):  
Anthea Kraut
Keyword(s):  
Twentieth Century ◽  
African American ◽  
Intellectual Property ◽  
Case Studies ◽  
Copyright Law ◽  
Property Law ◽  
Intellectual Property Law ◽  
Tap Dance ◽  
American Vernacular ◽  
The Relationship

This chapter juxtaposes brief case studies of African American vernacular dancers from the first half of the twentieth century in order to reexamine the relationship between the ideology of intellectual property law and the traditions of jazz and tap dance, which rely heavily on improvisation. The examples of the blackface performer Johnny Hudgins, who claimed a copyright in his pantomime routine in the 1920s, and of Fred and Sledge, the class-act dance duo featured in the hit 1948 musical Kiss Me, Kate, whose choreography was copyrighted by the white modern dancer Hanya Holm, prompt a rethinking of the assumed opposition between the originality and fixity requirements of copyright law and the improvisatory ethos of jazz and tap dance. Ultimately, the chapter argues that whether claiming or disavowing uniqueness, embracing or resisting documentation, African American vernacular dancers were both advantaged and hampered by copyright law.

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