scholarly journals The Protection of the Economic Benefits of Audio-Visual Works — A Focus on the Information Network Transmission Right

2021 ◽  
Vol 2 (3) ◽  
Author(s):  
Qiuhao Shen ◽  
Fan Yang
Keyword(s):  
Intellectual Property ◽  
Communication Networks ◽  
Economic Benefits ◽  
Economic Consequences ◽  
Intellectual Property Right ◽  
Visual Content ◽  
Network Transmission ◽  
Transmission Right ◽  
The Right ◽  
Legal Consequences

This article addresses the intellectual property rights and other legal protections associated with the use of communication networks to transmit audio-visual and interactive content. The right to disseminate original content is guaranteed as a basic intellectual property right. The digital content rights holder is entitled to economic benefits derived from selling or licensing access to that content. Any unauthorized use or transmission of audio-visual content constitutes infringement and renders the infringer subject to legal consequences. At the same time, it is necessary to consider the intent of the actor and whether the unauthorized use has had negative economic consequences for the rights holder. Audio-visual content distributed via ICT can be further protected by clear and detailed appropriate use specifications and technological solutions that prevent unauthorized use while still permitting users to benefit from the access made possible by today's powerful and ubiquitous communication networks.

scholarly journals Perlindungan Hukum Bagi Artis atas Penggunaan Potret dalam Cover Novel Fanfiksi

2021 ◽  
Vol 2 (1) ◽  
pp. 24
Author(s):  
Paramita Cahyaning Dewanti ◽  
Rahmadi Indra Tektona
Keyword(s):  
Intellectual Property ◽  
Legal Protection ◽  
Copyright Law ◽  
Intellectual Property Right ◽  
Research Approach ◽  
Copyright Holder ◽  
The Public ◽  
The Right ◽  
Research Type ◽  
Legal Consequences

Intellectual Property Rights translated from Intellectual Property Right are the right to do something on the intellectual property which is regulated by applicable norms or laws. The purpose of this thesis research consists of general objectives and specific objectives, namely to find out and analyze the form of legal protection for Portraits, legal consequences, and efforts to resolve Portrait disputes. The research method includes the juridical - normative research type, while the research approach used is the statute approach. The result of this research is that portrait work is one of the copyrighted works protected by copyright law. which is contained in article 40 paragraph 1. This protection is given to the creator, namely the photographer and the copyright holder is the person photographed. This protection is given to motivate and encourage the creativity of creators who can create economic growth based on the scope of art, literature and science and provide an understanding to the public that portrait works are protected by law No. 28 of 2014 concerning copyright, where there is a prohibition for other people. use the copyright work arbitrarily without the permission of the creator or copyright holder. Acts of violating the copyright of Portrait's works that are used commercially without rights can be sued civil or criminal or can be done both, but if you want to do both, you must prioritize civil settlement then criminally. but the verdict of his civil case cannot waive his criminal sentence. Then to resolve the dispute, it can be done by litigation and also in non-litigation, namely dispute resolution by negotiation, mediation, and arbitration.

How Fair is Patent Litigation in China? Evidence from the Beijing Courts

2019 ◽  
Vol 241 ◽  
pp. 247-261
Author(s):  
Chenguo Zhang ◽  
Jin Cao
Keyword(s):  
Intellectual Property ◽  
Field Research ◽  
Patent Law ◽  
Intellectual Property Right ◽  
Patent Litigation ◽  
The Third ◽  
Upper Limit ◽  
Chinese Patent ◽  
The Right ◽  
Trade Partners

AbstractBy conducting field research and analysing judgments delivered in Beijing courts from 2004 to 2011, we find that the popular notion held by China's trade partners of the inadequacy of intellectual property protection is only partly supported by the empirical evidence. The likelihood of winning lawsuits is higher for foreign than domestic plaintiffs and the extremely low damages ruled by Chinese courts are due to particular causes. Courts lack consistent methods to calculate incurred losses in intellectual property right (IPR) infringements and consequently routinely apply the statutory damages whose upper limit is restricted by legislation. Efforts by Chinese legislators to enhance compensation by lifting the upper limit of awardable statutory damages in the Third Amendment of Chinese Patent Law (2008) did not seem to have an effect on our sample. Chinese policymakers should instead focus on the cause of the issue by providing more implementable guidelines for courts to calculate losses. Courts need to develop applicable conventions for calculating damages, based on objective criteria of how much compensation ought to be payable, which is also the basis of calculating reasonable statutory damages. Thus, the new provision of the “right of information” on pirated goods proposed by the ongoing Fourth Amendment provides a significant weapon to combat counterfeiting.

Part I The Nature of Intangible Property, 7 Intellectual Property

2018 ◽  
Author(s):  
Smith Marcus ◽  
Leslie Nico
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Industrial Design ◽  
Property Right ◽  
Moral Rights ◽  
Intellectual Property Right ◽  
Confidential Information ◽  
The Right

This chapter examines intellectual property. The governing principles relating to intellectual property are very different from the principles that underlie other choses, like rights under contracts or debts. Like shares, intellectual property rights are characterized by specific statutory rules relating to their creation, as well as to their transfer. Intellectual property rights can be divided under six heads: patents; copyright; moral rights; industrial design rights; trademarks; and confidential information. In each case, the holder of the right is able—by virtue of ownership—to prevent others from doing what they otherwise could do. Each of these intellectual property rights has four different aspects: the intellectual property right itself; rights of action for infringement; validity challenges; and licensing.

scholarly journals THE MODERN VISION OF THE SYSTEM OF INTELLECTUAL PROPERTY RIGHTS IN UKRAINE

2021 ◽  
Vol 75 (2) ◽  
pp. 52-59
Author(s):  
Victoria Shekhovtsova ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
The State ◽  
Point Of View ◽  
Property Right ◽  
Intellectual Property Right ◽  
Creative Activity ◽  
The Right ◽  
Intellectual Potential

The article is devoted to the research of the intellectual property rights system in Ukraine. Intellectual property is the result of the creative activity of any person or group of people. The author studied the categories «intellectual property» and «intellectual property right», investigated the principles of intellectual property and the system of intellectual property rights of Ukraine. In Roman law, there was the term «property», because the «property right» in its classical meaning was formed in Rome, and related to private relationships. Intellectual property is the property of a person that arose as a result of her creativity. However, for our Ukrainian legislation, the expression «intellectual property» is «terra incognita». Yes, intellectual property is studied by such branch legal sciences as: civil law, administrative law, international law, and others. Formed the State Service of Intellectual Property, but the organization of the state system of legal protection of intellectual property, in our difficult times, wants a better one. In the legal literature on intellectual property issues various definitions of «intellectual property right» are given. From a subjective point of view – this is a subjective right, and from an objective point of view – a civil law institute, a set of legal norms that regulate relations in the system of creation and protection of intellectual property. Man, his freedom and rights are the most important value of evolutionary development of society, which manifests itself in the growth of the intellectual potential of the population of each country. Only man possesses intelligence, creative potential and creative abilities. In addition to it, on earth, no living creature can create. Creative activity is the most important aspect of human life, which allows you to convey your talent to society. The consequence of this activity is something new, unique, unique and original. The accumulated products of the human mind are the heritage of the nation, which determine its further development.The Constitution of Ukraine guarantees to the citizens of the state freedom of scientific, artistic, literary and technical creativity, protection of intellectual property rights, moral and material interests arising in connection with various types of intellectual activity. Every citizen has the right to the results of his intellectual, creative activity; no one can use or distribute them without his consent, with the exception of the statutory provisions. The intellectual potential of the nation, in the form of improving education, production, culture, science and technology, needs constant support from our state. The Civil Code of Ukraine for the first time in our national legislation was given a formal definition of the right of intellectual property, as the rights of the individual to the result of intellectual, creative activity or other object of intellectual property rights.

TIM THALER'S EXAMPLE IS CONTAGIOUS: THE RIGHT TO PUBLICITY AS AN INTELLECTUAL PROPERTY RIGHT

2021 ◽  
pp. 180-186
Author(s):  
E.A. Afanasieva ◽  
◽  
E.G. Afanasieva
Keyword(s):  
Intellectual Property ◽  
Property Right ◽  
Intellectual Property Right ◽  
Us States ◽  
Commercial Use ◽  
Right Of Publicity ◽  
The Us ◽  
Public World ◽  
The Right

Most of the articles presented in this review were written in order to discuss the recently published J. Rothman’s book «The right of publicity: Privacy reimagined for a public world». We are talking about a specific intellectual right recognized by most of the US states - the right of a person to control the commercial use of elements of her personality.

scholarly journals THE USE OF A PATENT BY CO-AUTH ORS AND HEIRS FOR COMMERCIAL PURPOSES AND SOME ISSUES OF PUBLICITY IN PROCEEDINGS RELATED TO DISPUTES OVER INTELLECTUAL RIGHT PROTECTION

2020 ◽  
Vol 3 ◽  
pp. 24-27
Author(s):  
Tatyana V. Ivanova ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Property Right ◽  
Intellectual Property Right ◽  
Special Method ◽  
Procedural Information ◽  
Protecting Intellectual Property ◽  
The Right ◽  
Exclusive Right

The article considers certain situations that arise while using a patent for an invention by co-authors and successors and some issues of publicity in legal disputes over the protection of intellectual property rights. The invention created by a team of authors serves as the basis for the association of co-authors in an organization aimed at the commercial use of a patent. The exclusive right to a patent shall transfer to the successors, but the right to membership in the organization where the patent was supposed to be used may not be transferred, in which case the successors shall have limited access to information on the use of the patent. Various secrets, confidentiality of information, unavailability of information, complexity of protecting intellectual property rights, complex relationship between members of the organization and successors represent only some of the problems that create obstacles to the normal exercise of the right to use a patent for an invention and to get profit from its use. There is no special method to protect intellectual property right, such as the request to provide access to the information on shared use of a patent. The publicity principle, being one of the principles of legal proceedings, provides the condition for defining the truth in the process of proving, the court provides the conditions for the timely receipt by the participants of the required and sufficient procedural information on a particular case. The publicity of information in a legal case is most likely to provide the opportunity to satisfy a claim for the protection of intellectual property right. The right to membership in the organization, in which the patent was supposed to be used when it had been developed by the co-authors of the organization, can be considered as a guarantee for the right to use the patent. The exclusion of at least one element from this system shall create unequal rights and shall make it impossible to achieve a result — receive profit from the use of a patent.

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 KEBIJAKAN FORMULASI TERHADAP PENIRUAN TAMPILAN WEBSITE DI INDONESIA

2014 ◽  
Vol 3 (1) ◽  
Author(s):  
Ajeng Widya Paramita
Keyword(s):  
Information Technology ◽  
Intellectual Property ◽  
Criminal Law ◽  
Property Right ◽  
Intellectual Property Right ◽  
Criminal Sanction ◽  
Web Page ◽  
Future System ◽  
The Future ◽  
The Right

One of the implications of information technology to which attention is currently paid is its impact on the existence of Intellectual Property Right. One of the crimes committed to the right of intellectual property is the illegal imitation of presentation on web page of sites belonging to others popularly known as Offense against Intellectual Property. Based on the background above, the problems discussed in this study are the formulation of criminal act and the policy of formulation in the future system of sanction imposed upon the imitation of presentation of website in Indonesia. Normative method based on the regulations of laws related to the crime of the imitation of presentation of website in Indonesia was used in the present study. The results of the study showed that the elements of the formulation of criminal act of the imitation of presentation of website in Indonesia are subjective and objective ones. The policy of the formulation of the system of criminal sanction imposed upon the limitation of presentation of website in Indonesia applies the type of cumulative criminal threaten which includes two types of punishment. The formulation is a 2 (two) year imprisonment and/or a maximum spesific fine of Rp. 150.000.000,00 (one hundred fifty thousand rupiahs), based on Article 72 Clause (6) jo Article 24 of the Criminal Law.

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