scholarly journals SOCIO-ECONOMIC AND OTHER FEATURES OF CRIMINALIZATION OF ENCROACHMENTS ON OBJECTS OF INTELLECTUAL PROPERTY RIGHTS

2019 ◽  
Vol 3 (43) ◽  
pp. 55-67
Author(s):  
Oksana Korotiuk
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Criminal Law ◽  
Intellectual Capital ◽  
Legal Protection ◽  
Social Value ◽  
Intellectual Property Right ◽  
Special Importance ◽  
Cultural Economic

The article analyzes and proves the existence of public need for criminal law protection of objects of intellectual property rights. According to the special importance of intellectual property, which is based directly on its social value (significance) and is associated with the satisfaction of the mental, cultural, economic and other needs of society, it is proved that full and effective legal protection of the rights, freedoms and interests of the subjects of intellectual property rights is possibly solely through measures of criminal law influence. The fact that the economic and social value of intellectual property forms the intellectual capital of the country and society is extremely important. It needs state support, and in the absence of it - undergoes qualitative changes that cause the fall of all spheres of the economy, an increase in unemployment, backwardness of technologies etc. Thus, it has been established that the factors that predetermined the social necessity to criminalize encroachments on objects of intellectual property rights include the following: a) the economic and social value of intellectual property that forms the intellectual capital of the country and society; b) informational nature and ethical essence of intellectual property, allowing to consider it as one of the fundamental values ​​of society; c) the public danger of these encroachments; d) the criminal law provisions concerning violation of the right of intellectual property are a guarantee of protection of constitutional rights and interests of the person; e) international legal obligations of Ukraine affect the introduction of standards for the legal protection of intellectual property rights, including criminal law protection. Thus, the author concludes that the criminalization of encroachments on objects of intellectual property right is justified and meets the interests of society and the state.

scholarly journals FEATURES AND SOCIO-ECONOMIC COMPONENTS OF THE CONCEPTS “INTELLECTUAL PROPERTY” AND “RIGHT OF INTELLECTUAL PROPERTY”

2019 ◽  
Vol 2 (42) ◽  
pp. 99-116
Author(s):  
Oksana Korotiuk
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Social Relations ◽  
Legal Protection ◽  
Legal Regulation ◽  
Property Right ◽  
Intellectual Property Right ◽  
Legal Rights ◽  
Legal Personality

The article is devoted to the content of the concepts "intellectual property" and "right of intellectual property", as well as to the possibility to use them as equivalent concepts. The author considers the features of a broad understanding of the intellectual property concept, in which it is revealed as a complex set of social relations arising at all levels of public life. According to this approach intellectual relations are only one type of the varieties of intellectual property relations, the totality of which only occasionally acts as the subject of legal regulation. Taking into account the above facts, the difference between the meaning of the concepts "intellectual property" (in the sense of this concept as a social relation) and "intellectual property right" is reflected in the content of the structural elements of the relations that denote these concepts: 1) Subjects of intellectual property rights are determined on the basis of compliance with certain legal requirements regarding legal personality, as well as the acquisition of subjective legal rights and obligations, which are provided to them by legal norms (by using their legal personality); the subjects of intellectual property become participants of social relations of different levels, including those, which are outside the legal regulation. Such interactions may be related to realization of creative abilities of a person, mental activity, etc.; 2) In the centre of understanding of the concept "object of intellectual property rights" is the content of intellectual property rights as a totality of personal non-property and property rights. The defining aspect of legal protection is the right to the created object of intellectual property rights. At the same time the object of intellectual property is a value in socio-philosophical sense that satisfies the social, economic, cultural, mental and other needs and interests of people. In this sense, an object by its nature is a blessing for a person; 3) Social connections between the subjects of intellectual relations are revealed through corresponding rights and obligations of the participants of these relations; in the relations of intellectual property social relations manifest themselves as interaction between people in different spheres of social life, based on the corresponding social statuses and roles, in which individuals carry out creative activity, realize their mental and cultural needs, etc. Understanding the concept "intellectual property" as identical with the concept “intellectual property right” is based on a normative approach. This approach shows that the concepts of “intellectual property” and “intellectual property right” have the same sense in the legislation and can denote both objects of intellectual property right and rights to such objects.

scholarly journals POLITIK HUKUM PELINDUNGAN HAK KEKAYAAN INTELEKTUAL DI INDONESIA PASCA DI RATIFIKASINYA TRIPS AGREEMENT

2020 ◽  
Vol 18 (1) ◽  
Author(s):  
Imam Wicaksono
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Trips Agreement ◽  
Intellectual Property Right ◽  
Legal Research ◽  
East Indies ◽  
Intellectual Property Rights Protection ◽  
Dutch East Indies

<p><em>Intellectual property rights actually not a new thing in Indonesia, since the Dutch East Indies Government, Indonesia has a law on Intellectual Property Rights. The regulation of Intellectual Property Right  enactment of the laws of the Dutch East Indies government , imposed in Indonesia as a Dutch colony based on the concordance principle. At that time regulation of Intellectual Property Rights in Indonesia had just received three sector; Copyright, Trademarks, and Patents. Expansion of the regulation of Intellectual Property Rights in Indonesia has only been carried out after the ratification of the TRIPS Agreement. In this study the author will analyze the legal politics of protecting intellectual property rights before the ratification of the TRIPS Agreement. And what is the legal policy of the protection of intellectual property rights after the ratification of the TRIPS Agreement. This legal research is normative legal research. The results showed that with the emergence of a new law replacing the old colonial-made law, the understanding and scope of intellectual property rights protection in Indonesia became wider. The amendment to the Intellectual Property Rights Act in Indonesia cannot be separated from the ratification of the TRIPS Agreement and Indonesia's involvement in world trade.</em></p><p><strong><em>Keywords: </em></strong></p><p><strong><em></em></strong><em><em>Legal Politics, Legal Protection, Intellectual Property Rights, TRIPS Agreement</em></em></p>

scholarly journals FEATURES OF CRIMINAL AND LEGAL PROTECTION OF ECONOMIC AND OTHER INTERESTS OF SUBJECTS OF THE INTELLECTUAL PROPERTY RIGHTS ON UKRAINIAN LANDS UNDER THE CRIMINAL PROVISIONS OF 1903

2019 ◽  
Vol 4 (44) ◽  
pp. 40-50
Author(s):  
Oksana Korotiuk
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Protection ◽  
Criminal Code ◽  
Patent Law ◽  
Legal Norms ◽  
Significant Difference

The article analyzes the criminal law provisions of the Criminal Code of 1903, which provided the responsibility for encroachments on objects of intellectual property rights, and defined the peculiarities of criminal legal protection of economic and other interests of subjects of intellectual property rights in Ukrainian lands according to these criminal legal norms. The Criminal Code of 1903 was marked by a significant difference from the Criminal Code of 1845, expressed as a significant reduction in the number of criminal acts, the general humanization of criminal punishment, and in a more progressive approach to the design of criminal law. For example, in Art. 1, the principle of "nullum crimen sine lege" was directly affirmed for the first time, while in criminal laws of earlier times it was laid down but only proceeded from the general content of the articles. Analysis of the criminal law of the Criminal Code of 1903 provisions allowed to conclude that the criminal legal protection of objects of intellectual property rights was carried out at the expense of: 1) criminal law, which provided for liability for attacks on objects of copyright and patent law. In this case, the legal protection of copyright objects was closely linked to the censorship and, in fact, was inseparable from it; 2) the provisions establishing criminal liability for actions related to the disclosure of secrets; 3) provisions relating to the introduction of goods into the market and their circulation there, as well as the importation of goods into the territory of the Russian Empire, which provided for liability for the following acts: a) acts related to the illegal manufacture of works and their introduction into circulation, in including the illegal circulation of equipment that may be used for the illicit manufacture of works; b) acts related to the illicit sale or other distribution of works; c) other acts related to the illegal circulation of objects of intellectual property rights.

scholarly journals Selection achievement in animal husbandry as an object of intellectual property rights and international experience in its protection

2021 ◽  
Vol 12 (4) ◽  
Author(s):  
Horislavska Inna ◽  
◽  
Piddubnyi Oleksii ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Patent Protection ◽  
Legal Protection ◽  
Animal Husbandry ◽  
Legal Regulation ◽  
Property Right ◽  
Intellectual Property Right ◽  
Exclusive Right

Intellectual property rights are enshrined in the Universal Declaration of Human Rights. A patent for an animal breed is the exclusive right of the inventor to his selection achievement, it is a legal monopoly provided by the state, and patent protection prevents commercial use without the consent of its owner. Today's challenges are directly related to food security. The practical application of breeding achievements in animal husbandry, in particular, is the genetic improvement of animals from the «economic side», which directly affects the level of investment and rewards for breeders, and thus the need for effective legal protection of intellectual property rights. Based on the analysis of normative legal acts regulating the procedure for obtaining legal protection of selection achievements in animal husbandry, the article examines problematic positions and suggests ways to resolve conflicts in the legal regulation of these issues. The methods of our study were chosen taking into account the purpose and objectives of the study. The study used philosophical, general scientific and special legal methods of scientific knowledge. Keywords: object of intellectual property right, selection achievement, selection achievement in animal husbandry, protection of intellectual property right

scholarly journals System of subjects of counteraction to infringement of the intellectual property right in the sphere of scientific activities

2020 ◽  
pp. 37-40
Author(s):  
L.V. Zolota
Keyword(s):  
Law Enforcement ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Scientific Activity ◽  
Intellectual Property Right ◽  
Public Authorities ◽  
Scientific Institutions ◽  
Favorable Conditions

In this article involves a comprehensive analysis and generalization of existing scientific and theoretical material and the formulation of relevant conclusions the system of subjects of administrative and legal protection of intellectual property rights in the sphere of scientific activity. In the course of the research the system of subjects of administrative and legal protection of intellectual property rights in the sphere of scientific activity in Ukraine is defined, a number of public authorities belonging to general and special jurisdictions in this system have been clarified, after all, the state of observance of intellectual property rights in the field of scientific activity depends on the effectiveness of public authorities, one of the main tasks of which is the protection of such rights. As a result of the research, a number of new scientific theoretical and practical conclusions have been formulated with regard to subjects of administrative law, in particular, it is determined that they are potential subjects of administrative legal relations, as they may either enter into the relevant administrative legal relations or not exercise such a right, regarding the subjects of administrative and legal protection of intellectual property rights in the field of scientific activity, which are public authorities, international, national public organizations, scientific institutions, etc. whose activities are aimed at providing favorable conditions for the creation and use of intellectual property rights in the field of scientific activity. The provisions resulting from the research can be used in research, lawmaking, law enforcement activities – to improve the efficiency of protection of intellectual property rights in the field of scientific activity.

scholarly journals Criminal protection of objects of individualization in Ukraine and abroad

2021 ◽  
pp. 81-87
Author(s):  
Yevheniia Nedohybchenko
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Protection ◽  
The United States ◽  
Industrial Property ◽  
National System ◽  
The Law

Keywords: object of individualization, trademark, mark for goods and services,criminal liability, criminal legal protection Problems of criminal law protection and protection of meansof individualization among the participants of economic circulation has not found itscoverage and analysis in the legal literature.Legal regulation of industrial property protection at the international level takesplace within a number of agreements: the Paris Convention for the Protection of IndustrialProperty of 1883, the Madrid Agreement Concerning the International Registrationof Marks of 1891, the Hague Agreement Concerning the International Registrationof Industrial Designs of 1925, and others.The article examines the experience of criminal law protection of trademarks ofthe following countries: USA, Great Britain, Germany, Switzerland, Ukraine.The author speaks about the need to unify approaches to criminal prosecution inUkraine. This will facilitate effective litigation. Establish liability for infringement oftrademark rights. Will contribute to the improvement of the national system of protectionof intellectual property rights. Increase safeguards to protect intellectualproperty rights. It will raise Ukraine's image in the world.The laws of the countries define in detail the scope of rights of owners to intellectualproperty. The law provides a list of actions that are considered a crime.In the United States, a criminal case is initiated by the federal government or thestate. In the Federal Republic of Germany, most infringements of intellectual property rights are governed by civil law. An offense is a criminal offense if it is committedwith intent.Ukraine also has special legislation. Criminal liability is established in the relevantarticles of the Code. These articles are in different sections of the Criminal Codeof Ukraine. Such placement of norms negatively affects the punishment of violators.There is a need to unify approaches to prosecuting offenders. This will facilitate effectivelitigation. Establish liability for violations of the law. Will contribute to the improvementof the national system of protection of intellectual property rights. Increasingguarantees of protection of intellectual property rights. It is necessary to do so byintroducing the relevant into the Criminal Code of Ukraine.

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.

Foreign Direct Investment and Trade Related Intellectual Property Rights (TRIPS): The Case of Latin American & Caribbean Developing Economies

2018 ◽  
pp. 1-17
Author(s):  
Mumtaz Hussain Shah
Keyword(s):  
Economic Development ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Latin American ◽  
Developing Economies ◽  
Intellectual Property Right ◽  
Market Size ◽  
Annual Data ◽  
Macroeconomic Stability

The growing share of knowledge-intensive products in international trade and the increasing sensitivity of multinational firms to intellectual property theft make it imperative to analyse the effect of IPR promulgation on their FDI decision. In this perspective the current article gauge the importance of Trade Related Intellectual Property Rights (TRIPS) agreement under World Trade Organisation (WTO) in increasing a Latin American & Caribbean (LAC) developing economy’s appeal for investors from abroad. Infrastructure and skilled labour availability, market size, macroeconomic stability, economic development, and trade liberalization are also considered. Time-invariant phenomena such as access to the sea, regional affiliations/proximities, income groupings and ability to speak one of the international languages, though desirable were not done because fixed effect panel estimation technique does not permit the use of dummy variables. Due to the 2008-2009 recession in the developed economies, the available investment funds withered, making the investors’ sceptic apropos the safety of their tangible and intangible property, especially in the developing world, causing a decrease in FDI to these nations in general. However, LAC countries were somewhat resilient and received a steadily increasing flow of foreign investment. Thus, it demands to analyse the factors that overcame the overseas investors’ scepticism and prompted them to invest in the LAC region. By utilizing annual data for 28 years that is 1989-2016 from 24 LAC developing nations it is found that infrastructure and human capital availability, macroeconomic stability, economic development, strengthening and worldwide harmonization of intellectual property right standards through TRIPS positively effects the overseas investor's investment decision. The host population used to measure market size is found to be insignificant when tested with other conventional FDI location pull factors. Similarly, liberalization, consistent with horizontal FDI theory, exerts a significant negative effect on inward FDI.

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