scholarly journals Open innovation in terms of legal protection of intellectual property

2021 ◽  
pp. 105-120
Author(s):  
Anastasiia Yarmoliuk
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Open Innovation ◽  
Business Models ◽  
Legal Protection ◽  
Creative Economy ◽  
New Production ◽  
Innovative Technologies ◽  
Innovation Model

Yarmoliuk A. Open innovation in terms of legal protection of intellectual property. The author notes that according to the latest global trends in the development of intellectual property rights, business entities operate in the context of radical changes taking place in most sectors of the economy. As new breakthrough technologies and subjects of innovative activity appear. The article emphasizes that this perspective envisages the transition of Ukraine to a new production system, which requires institutional changes. According to the author, today there is also a tendency to reduce the life cycle of innovations, increase the speed of implementation of new developments and strengthen the trends of digital transformation. Therefore, the digitalization of the economy requires the involvement of new forms of cooperation with open innovations including new business models for the use of intellectual property. The article notes that intellectual property, in turn, plays a key role in the development of innovation. At the same time, the importance of intellectual property within the model of open innovation changes with the transformation of economic processes into a creative economy. Today, there is an extremely low level of implementation of creative innovative developments, which indicates the ineffectiveness of the strategy for commercialization of research results. As the author emphasizes, the open innovation model is aimed at solving this problem. Exactly the exchange of knowledge and new results between innovative enterprises and their partners is a major lever for further creative innovation. Therefore, the author determines that effective legal protection of intellectual property plays a key role in promoting innovation within the concept of open innovation. Innovative technologies have been successfully commercialized with the strategic use of intellectual property rights. As indicated in the article, intellectual property also significantly enhances the competitiveness of innovative enterprises, preserves their innovative advantages, and facilitates the process of bringing innovative technologies created under the open innovation model to the market.Keywords: open innovation, intellectual property rights, intellectual property, innovative enterprise, «smart city»

scholarly journals Pelindungan Hukum Hak Kekayaan Intelektual Pada Produk Ekonomi Kreatif (Protection Of Intellectual Property Rights On Creative Economic Products)

2017 ◽  
Vol 9 (1) ◽  
Author(s):  
Sulasi Rongiyati
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Public Awareness ◽  
Local Level ◽  
Legal Protection ◽  
Economic Benefits ◽  
Primary Data ◽  
Creative Economy ◽  
The Government

As a result of creativity, the creative economy product is an intellectual property that needs to be recognized as an intellectual work that has economic value and gets legal protection. This study analyzes the regulations established by the Government in providing protection against intellectual property rights (IPRs) to ekraf products and the application of such regulations in the city of Surakarta, Central Java and Denpasar City, Bali. Through normative and empirical juridical research methods, secondary and primary data are processed and analyzed qualitatively. The result of the research stated that IPRs protection policy toward creative economy product has been done by the government through IPRs legislations and regional policy related to IPRs protection for creative economy product referring to national policy. Preventive protection is provided through law in the form of economic benefits for the actors who register IPRs of creative economy product. However, the level of public awareness and understanding of the importance of IPRs, the communal nature of creative economy actors in Indonesia, and the nature of IPRs that must be registered for legal protection, cause IPRs protection for creative economy perpetrators is not optimal. At the level of implementation, the awareness and understanding of the perpetrators of the property rights become the key to the success of IPRs protection by the government. The lack of regional alignments has an impact on the not yet optimal economic benefits received by creative economy actors. Therefore, the government should intensify the socialization of IPRs and facilitate the registration of IPRs  for the perpetrators of creative economy. Institutional and regulatory support at the local level is also important to develop and protect the creative economy product.AbstrakSebagai suatu karya kreativitas, produk ekonomi kreatif (ekraf) merupakan kekayaan intelektual yang perlu mendapat penghargaan sebagai suatu karya intelektual yang memiliki nilai ekonomi dan memperoleh pelindungan hukum. Penelitian ini menganalisis mengenai regulasi yang dibentuk Pemerintah dalam memberikan pelindungan terhadap hak kekayaan intelektual (HKI) terhadap produk ekraf dan penerapan regulasi tersebut di kota Surakarta, Jawa Tengah dan Kota Denpasar, Bali. Melalui metode penelitian yuridis normatif dan empiris, data sekunder dan primer diolah dan dianalisis secara kualitatif. Hasil penelitian menyebutkan, kebijakan pelindungan HKI terhadap produk ekraf telah dilakukan oleh pemerintah melalui peraturan perundang-undangan bidang HKI dan kebijakan daerah terkait pelindungan HKI untuk produk ekraf mengacu pada kebijakan tingkat nasional. Pelindungan preventif diberikan melalui UU berupa manfaat ekonomi bagi pelaku ekraf yang mendaftarkan HKInya. Namun, tingkat kesadaran masyarakat dan pemahaman pentingnya HKI, sifat komunal pelaku ekraf di Indonesia, dan sifat HKI yang harus didaftarkan untuk mendapat pelindungan hukum, menyebabkan pelindungan HKI untuk pelaku ekraf belum optimal. Pada tataran implementasi, kesadaran dan pemahaman pelaku ekraf atas kekayaan intelektualnya menjadi kunci keberhasilan pelindungan HKI yang dilakukan oleh pemerintah. Minimnya keberpihakan daerah berdampak pada belum optimalnya manfaat ekonomi yang diterima pelaku ekraf. Oleh karenanya pemerintah perlu menggiatkan sosialisasi HKI dan memfasilitasi pendaftaran HKI untuk pelaku ekraf. Dukungan kelembagaan dan regulasi pada tingkat daerah juga penting dilakukan untuk mengembangkan dan melindungi produk ekraf. 

scholarly journals Tantangan Penegakan Hukum Hak Kekayaan Intelektual dalam Pengembangan Ekonomi Kreatif di Era Revolusi Industri 4.0

2021 ◽  
Vol 7 (1) ◽  
pp. 54
Author(s):  
Hari Sutra Disemadi ◽  
Cindy Kang
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Industrial Revolution ◽  
Public Awareness ◽  
Rapid Development ◽  
Psychological Impact ◽  
Legal Protection ◽  
Creative Economy ◽  
Human Thinking

Currently, the world is facing changes in the industrial world which can be called the Industrial Revolution 4.0, and this phenomenon has a significant impact on industrial life, namely in the form of rapid technological developments. The rapid development of technology has resulted in a new term ‘creative economy’ in which creativity and human thinking are applied. Intellectual Property Rights play a very important role in the creative economy, and the state must provide legal protection for intellectual property as a form of appreciation to creators/inventors for their efforts and hard work in producing new innovations, and minimizing the occurrence of intellectual property rights violations. However, in practice, there are several challenges and difficulties in enforcing laws related to intellectual property rights in Indonesia. This scientific journals uses normative research methods, based on written regulations and literature studies that examine aspects of theory, structure, and legal explanations. The main problems that occurs in Indonesia is the lack of public= awareness and education regarding intellectual property, and this problem can be the root of other problems. The protection of intellectual property rights in Indonesia not only provides a sense of security and legal certainty for creators/inventors, but also provides a psychological impact and increases the enthusiasm of creators/inventors to continue to innovate.

scholarly journals IMPLEMENTATION OF THE OPEN INNOVATION MODEL IN THE CONDITIONS OF DEVELOPMENT OF THE DIGITAL ECONOMY

2020 ◽  
Author(s):  
Анастасія Ярмолюк
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Open Innovation ◽  
Early Stage ◽  
Information Leakage ◽  
Death Valley ◽  
Venture Capitalists ◽  
Joint Research ◽  
Innovation Model

The author emphasizes that the model of open innovation involves the search for creative innovative ideas, joint research and creation of innovations with partners and the strategic use of intellectualproperty rights. In this way, the potential of invention is used in solving the problems of innovation. The article notes that the model of open innovation involves increasing the return on their own research and development through the alienation of patents or the issuance of licenses for the use of intellectual property rights. However, the authoridentifies an important problem of information leakage, which is the object of intellectual property rights. Therefore, as noted in the article, an innovative enterprise must have control over intellectual property so that competitors do not profit from the use of innovative ideas of others. It is also necessary to form high-quality intellectual property support systems. In the article, the author details the role of intellectual property in promoting innovation within the concept of open innovation. Innovativetechnologies have been successfully commercialized with the strategic use of intellectual property rights. Intellectual property plays a key role in enhancing the competitiveness of innovative enterprises, preserving their innovative advantages and facilitating the process of bringing innovative technologies to market created within the framework of an open innovation model. Intellectual property also significantly helps external partners make informed decisions about the need to assist with technical knowledge and funding to overcome the innovative ideas of the Death Valley from the time of invention to the launch of a new product. So, the author emphasizes that intellectual property plays a significant role in facilitating access to early stage capital suppliers, including seed capital, business angels, venture capitalists, financial institutions that help the invention to enter the market. In the partnership of innovative businesses, patents become a reliable source of additional income for small and medium-sized businesses.

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.

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