scholarly journals Copyright Norms, Copyright Infringements and Remedies in Ukraine and Jordan: What Interesting Complexities Tell of Two Jurisdictions?

2020 ◽  
Vol 78 (3) ◽  
pp. 22-31
Author(s):  
Б. Малкаві ◽  
С. Є. Абламський
Keyword(s):  
Intellectual Property ◽  
Comparative Study ◽  
Copyright Protection ◽  
Copyright Infringement ◽  
Fundamental Question ◽  
Fundamental Rights ◽  
Property Law ◽  
Intellectual Property Law ◽  
The World ◽  
The Law

Issue of copyright protection has been a great initiative gaining laudable ground in the world of intellectual property law, as it seeks to protect and safeguard the ideas of the author for it not to be violated and infringed upon by another without the author's consent or authorization. In ensuring author's right, a plethora of international, regional, and even national legal dispositions has been put in place for guaranteeing that works of author's should be protected against infringement. In response to these commitments, the states of Ukraine and Jordan have played a credible role by adhering and been signatories to these legal dispositions to endure copyright protection. Even though with all these protection being put into place by the said countries, there is still an aspect of infringement and violations, which has frustrated the rational of the law as it is aimed at ensuring copyright protection. The objective of this article is to study the implications that copyright infringement poses on the fundamental rights of an author's work. It is clear that aspect of copyright infringement affects the rights possessed by author in issues related to copyright protection in Ukraine and Jordan. While answering the fundamental question as to the aspect of copyright infringement in both countries, a comparative study was deemed necessary in order to study whether both countries experience same difficulties as a result of copyright infringement. It was realized from the findings that issues of infringement, even though with the credible laws and institutions put in place by both countries, has been a common problem. Therefore, it has been noted that a research of this magnitude was deemed necessary in ensuring that copyright of author's should be guaranteed and protected.

Western Dualism and the Regulation of Cultural Production

2021 ◽  
Vol 4 (4) ◽  
pp. 1-116
Author(s):  
Fiona Macmillan
Keyword(s):  
Intellectual Property ◽  
Cultural Heritage ◽  
Cultural Production ◽  
Property Law ◽  
Western Thought ◽  
The West ◽  
Intellectual Property Law ◽  
The World ◽  
Legal Regimes

Abstract This work sets out to consider the fate of creativity and forms of cultural production as they fall into and between the regimes of cultural heritage law and intellectual property law. It examines and challenges the dualisms that ground both regimes, exposing their (unsurprising) reflection of occidental ways of seeing the world. The work reflects on the problem of regulating creativity and cultural production according to Western thought systems in a world that is not only Western. At the same time, it accepts that the challenge in taking on the dualisms that hold together the existing legal regimes regulating creativity and cultural production lies in a critically nuanced approach to the geo-political distinction between the West and the rest. Like many of the distinctions considered in this book, this is one that holds and does not hold.

13. The emergence and forms of intellectual property law

2020 ◽  
pp. 223-229
Author(s):  
Ian J. Lloyd
Keyword(s):  
Information Technology ◽  
Intellectual Property ◽  
The Internet ◽  
Property Law ◽  
Famous Scientist ◽  
Trade Marks ◽  
Intellectual Property Law ◽  
Isaac Newton ◽  
Technical Effect ◽  
The Law

Systems of intellectual property law date back many centuries and play a very important role in the information technology field. The main forms of intellectual property law are patents, copyright and trade marks. All play important roles and are considered in this section of the book. Patents and copyright have been applied in an IT context from the early days of the computer whilst trade marks have come to assume more significance with the commercialization of the Internet and its use by major manufacturers who typically own many trade marks developed for use in the course of their activities in the physical environment. As with many areas, the connection between the real and virtual words is not exact. The application of the law of copyright to software has seldom been in doubt. It is clear that the unauthorized copying of all of a work is unlawful. What is not clear is the extent of the protection. The famous scientist Isaac Newton is quoted as saying “If I have seen further, it is because I stood on the shoulders of giants”. Most later works build to some extent on their predecessors and there is a difficult dividing line between fair and unfair use of such works. Somewhat different issues apply in relation to patents – a branch of the law which offers the strongest protection but does require that works be innovative and produce a technical effect – that they should do something. This can be difficult to assess in respect of very fast-moving technologies.

scholarly journals Direito à Imagem e o Direito de Personalidade como Direito Fundamental à Dignidade da Pessoa Humana: uma ponte entre o direito civil e o direito da propriedade intelectual

2019 ◽  
Vol 4 (1) ◽  
pp. 107-117
Author(s):  
Camylla Soraya Angelino Oliveira ◽  
Eliaquim Ferreira dos Santos ◽  
Fabiana da Silva Santos ◽  
Laryssa Matias de Lima Santos ◽  
Paulo Ricardo Silva Lima ◽  
...  
Keyword(s):  
Intellectual Property ◽  
Civil Law ◽  
Fundamental Rights ◽  
Moral Rights ◽  
Property Law ◽  
Intellectual Property Law ◽  
Economic Exploitation ◽  
De Se ◽  
The Media ◽  
The Right

RESUMO: O trabalho objetivou investigar o entendimento de alguns autores quanto ao assunto, além de estudar o que são os direitos fundamentais ligados aos direitos da personalidade e direito à imagem e o que as doutrinas hodiernas falam sobre considerar direitos da personalidade direitos fundamentais, no âmbito do Direito Civil e no Direito da Propriedade Intelectual. Muito se tem discutido se o Direito à Imagem e de personalidade estariam no campo de proteção do Direito Civil ou no Direito da Propriedade Intelectual, com base no que dispõe o caput do art. 24 da Lei de Direitos Autorais que dispõe sobre a proteção aos direitos morais do autor, inclusive o de se manter no anonimato, através das obras pseudônimas ou de não ver publicado certas obras por este escritas, mantendo-as inéditas ou escritas por outras pessoas, mas que digam respeito a sua pessoa. O STF em decisão unânime declarou inexigível o consentimento de pessoa biografada relativamente a obras biográficas literárias ou audiovisuais. A problemática residiu na possibilidade da existência desses direitos e na possibilidade da tutela transversal, onde o uso não autorizado de imagem encontra limitações firmadas pela doutrina e jurisprudência, como a exploração econômica da vítima que teve suas obras expostas na mídia sem autorização e, a depender do conteúdo, a denegrição da imagem. Concluiu-se que os direitos supramencionados são frutos de uma evolução jurídica em que os sistemas jurídicos contemporâneos se constituem com o dos Direitos estudados. Para tanto se utilizou do método de revisão bibliográfica qualitativa de abordagem dedutiva.PALAVRAS CHAVE: Direitos autorais, Direitos morais do autor, Responsabilidade civil. Right to Image and the Right to Personality: a parallel between Civil Law and Intellectual Property Law ABSTRACT: This work aims to investigate the understanding of some authors on the subject, as well as to study what are the fundamental rights related to personality rights and the right to image and what current doctrines speak about considering rights of personality fundamental rights in the scope of Law Civil and Intellectual Property Law. Much has been debated whether the Right to Image and personality would be in the field of protection of Civil Law or Intellectual Property Law, based on what the caput of art. 24 of the Copyright Law that provides for the protection of the author's moral rights, including to remain anonymous, through pseudonymous works or not to see published works by this writing, keeping them unpublished or written by other people, but which concern your person. The STF in a unanimous decision declared the consent of a person biographical in relation to biographical literary or audiovisual works unenforceable. The problem lies in the possibility of the existence of these rights and in the possibility of transverse protection, where the unauthorized use of image has limitations established by the doctrine and jurisprudence, such as the economic exploitation of the victim who had his works exposed in the media without authorization and depending of content, denigrating the image. It is concluded that the above rights are the result of a legal evolution in which the contemporary legal systems are constituted with the rights studied. For this purpose, the method of qualitative bibliographical review of the deductive approach will be used.KEYWORDS: Copyright, Author's moral rights, Civil liability.

Holyoak and Torremans Intellectual Property Law

2019 ◽  
Author(s):  
Paul Torremans
Keyword(s):  
Intellectual Property ◽  
Real Life ◽  
Trade Mark ◽  
Property Law ◽  
Intellectual Property Law ◽  
Starting Point ◽  
Recent Developments ◽  
Ninth Edition ◽  
The Subject ◽  
The Law

Holyoak and Torremans Intellectual Property Law provides readers with a clear introduction to UK intellectual property law, whilst carefully placing the law in its global context and acknowledging the influence of EU and other international jurisdictions over its development. The book examines the methods and reasoning behind key statutory and case decisions, and provides readers with real-life examples of intellectual property law in action, helping to bring the subject to life. Recent developments within the law relating to biotechnology patenting, IT and internet, and trade mark, imaging, and character rights are explored, providing readers with a cutting-edge analysis of the subject. Chapter introductions and concluding overviews help to set the scene and provide a succinct summary of the topic areas, whilst lists of annotated further reading offer the perfect starting point for those who wish to explore a topic further. In this, its ninth edition, the book integrates the recent developments on the Unitary Patent; examines the reform of copyright, both EU (the fundamental cases from the CJEU) and domestic; and the recast of the Trade Mark Directive.

Part II Substantive Aspects, Ch.20 Cultural Heritage and Intellectual Property

2020 ◽  
Author(s):  
Burri Mira
Keyword(s):  
Intellectual Property ◽  
Cultural Heritage ◽  
Traditional Knowledge ◽  
Copyright Protection ◽  
Property Law ◽  
Legal Regime ◽  
Intellectual Property Law ◽  
The Creation ◽  
Traditional Cultural Expressions ◽  
The Relationship

This chapter examines the protection of both cultural heritage and intellectual property. The relationship between cultural heritage and intellectual property evolves in a profoundly complex setting—with many institutions and actors involved, often with very different or even divergent interests, and within a fragmented legal regime. Although intellectual property law has developed sophisticated rules with regard to a variety of intellectual property forms, it is based on certain author-centred and mercantilist premises that do not work so well with the protection of traditional knowledge (TK) and traditional cultural expressions (TCE). Nevertheless, in the fields of patent, trademark, and copyright protection, there are tools that may provide some, albeit imperfect, protection of TK and TCE. The chapter maps the mismatches and the gaps and asks whether these can be addressed in some viable way—be it through adjusting the existing rules or through the creation of new tailored models of protection.

1. Intellectual property law: an introduction

2019 ◽  
pp. 2-28
Author(s):  
Abbe Brown ◽  
Smita Kheria ◽  
Jane Cornwell ◽  
Marta Iljadica
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Property Law ◽  
Field Of Study ◽  
Intellectual Property Law ◽  
Global Context ◽  
Realistic View ◽  
The Law ◽  
Ip Law ◽  
Different Levels

This chapter provides an accessible introduction to intellectual property (IP) law. It provides and challenges some definitions of intellectual property law and IP itself. It discusses the development of IP law as a field of study in an increasingly global context and presents a realistic view of the law as it actually operates; the relationships between different levels of IP law—at national, European, European Union, and international levels; the various influences on the formation, justifications for, and development of IP law including between IP law and other legal fields; and the tensions that arise from different perspectives when the law seeks to protect IP.

Virtual Property in Virtual Worlds

2010 ◽  
pp. 89-108
Author(s):  
Angela Adrian
Keyword(s):  
Intellectual Property ◽  
Virtual Worlds ◽  
Digital Technology ◽  
Property Law ◽  
Physical Plane ◽  
Intellectual Property Law ◽  
Collective Property ◽  
Virtual Property ◽  
The World ◽  
History Of

Digital technology is detaching information from the physical plane, where property law of all sorts has always found definition. Throughout the history of intellectual property law, the proprietary assertions of thinkers and inventors have been focused not on their ideas, but on the expression of those ideas. The ideas themselves, as well as facts about the phenomena of the world, were considered to be the collective property of humanity. One could claim franchise, in the case of copyright, on the precise turn of phrase used to convey a particular idea or the order in which facts were presented. Law protected expression. To express was to make physical. One did not get paid for the idea but for the ability to deliver it into reality. The value was in the conveyance and not the thought conveyed. In other words, the bottle was protected, not the wine. (Barlow, 2004)

Ontologies and Law

2011 ◽  
pp. 819-837 ◽  
Author(s):  
Claudia Cevenini ◽  
Giuseppe Contissa ◽  
Migle Laukyte ◽  
Régis Riveret
Keyword(s):  
Intellectual Property ◽  
General Relation ◽  
Copyright Law ◽  
Ontology Development ◽  
Property Law ◽  
Intellectual Property Law ◽  
The Law ◽  
Legal Ontology

This chapter introduces the reader with the specificity of the development of a particular type of legal ontology, that is ontology of copyright law. The process of the development of this ontology (ALIS IP Ontology) should be seen as a miniature guide for anyone who will pursuit a goal to create an ontology for any sphere of law. In this chapter the development of the copyright ontology is not addressed separately as such, but in vaster perspective, analyzing not only particular problems that the development of the legal ontology implies, but also looking at the ontology development issues in the light of the general relation that the law (and intellectual property law in particular) has with the IT domain.

scholarly journals Perlindungan Hukum Kekayaan Intelektual Kerajinan Kuningan Tumang

2018 ◽  
Vol 20 (3) ◽  
pp. 401-419 ◽  
Author(s):  
Muhammad Fahmi Rois ◽  
Kholis Roisah
Keyword(s):  
Social Context ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Property Law ◽  
Legal Research ◽  
Intellectual Property Law ◽  
Empowerment Model ◽  
The Law

Tujuan penelitian ini adalah menjawab perlindungan hukum kerajinan tembaga dan kuningan tumang bernilai seni melalui hak kekayaan intelektual. Penggunaan HKI dalam perberdayaan pengrajin tumang penting untuk meningkatkan daya saing dan mendorong kreativitas. Metode penelitian yang dipakai adalah sosiolegal yaitu dengan melihat hukum dalam konteks sosialnya. HKI penting bagi ekonomi kreatif untuk menghindari pencurian ide dan hak cipta. Namun pengrajin tumang belum peduli dengan HKI kerajinannya. HKI dapat digunakan untuk meningkatkan daya saing dan meningkatkan kreativitas; terdapat beberapa faktor yang menghambat perlindungan HKI kerajinan Tumang. Model pemberdayaan yang efektif adalah dengan melibatkan pemerintah dan koperasi dalam pemberdayaan. Intellectual Property Law Protection on Brass Tumang Crafts This study aims to answer the legal protection of valuable copper and brass Tumang crafts through intellectual property rights. The use of intellectual property rights in empowering Tumang craftsmen is important to increase competitiveness and encourage creativity. This is socio legal research by looking at the law in its social context. Intellectual property rights is important for the economy creative and to avoid theft of ideas and copyrights. However, Tumang craftsmen have not cared about intellectual property rights of their crafts. Intellectual property rights can be used to enhance competitiveness and creativity; there are several factors that hinder the protection of intellectual property rights of Tumang crafts. An effective empowerment model is the involvement of government and cooperatives institution.

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