scholarly journals Intellectual property in the field of information and communication technologies

2021 ◽  
pp. 32-41
Author(s):  
Kostiantyn Zerov
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Computer Program ◽  
Information And Communication Technologies ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Communication Technologies ◽  
Creative Industry ◽  
Information And Communication ◽  
The Law

Keywords: IT, computer program, copyright, creative industry The article discusses the main issues regarding IP-protection in the sphere of information (information and communication) technologies — one of thelargest creative industries in Ukraine. Development and capitalization of informationtechnologies are impossible without proper legal protection of intellectual propertybecause the basis of the creative industry is the creation of creative products — goodsand services created/provided by cultural (artistic) and/or creative expression andhave high added value and are objects of intellectual property rights, which determinesthe relevance of this study.It is noted that basic types of economic activity that belong to the creative industriesare defined at the resolution of the Cabinet of Ministers of Ukraine and areaimed at creating and distributing intellectual property rights to already createdcopies (or copies) of software. It is assumed that the tax legislation of Ukraine stipulatesthat certain business transactions for the “publication” of software must be carriedout based on contracts for the supply of software and not based on contracts forthe transfer of intellectual property rights.A brief description of copyright objects in the field of information technology andthe possibilities of their legal protection, namely a computer program, databases, andwebsite, is given. It is noted that the website may combine different intellectual propertyrights.The issue of intellectual property rights distribution on the object created in connectionwith the implementation of the employment agreement (contract) and on theobject created by the order is investigated. It is concluded that the law of Ukraine.“On Stimulating the Development of the Digital Economy in Ukraine” eliminated theconflict between the Civil Code of Ukraine and the Law of Ukraine “On Copyright andRelated Rights” on the distribution of property copyrights on official works. The currentapproach to the distribution of economic copyright rights is harmonized with Europeanstandards.

Challenges to Intellectual Property Rights from Information and Communication Technologies, Nanotechnologies and Microelectronics

2013 ◽  
pp. 1474-1492
Author(s):  
Ahmed Driouchi ◽  
Molk Kadiri
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Information And Communication Technologies ◽  
Intellectual Property Rights ◽  
Technological Development ◽  
Communication Technologies ◽  
Current State ◽  
Information And Communication

Information and communication technologies, nanotechnologies and microelectronics are progressively challenging the current state of intellectual property rights. This is related to the economic features underlying these technologies. The directions of changes in intellectual property rights are found to require further coping with the overall chain of innovation and with the uncertainty that can be embedded in the new trends of technological development.

Challenges to Intellectual Property Rights from Information and Communication Technologies, Nanotechnologies and Microelectronics

2010 ◽  
pp. 207-225 ◽  
Author(s):  
Ahmed Driouchi ◽  
Molk Kadiri
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Information And Communication Technologies ◽  
Intellectual Property Rights ◽  
Technological Development ◽  
Communication Technologies ◽  
Current State ◽  
Information And Communication

Information and communication technologies, nanotechnologies and microelectronics are progressively challenging the current state of intellectual property rights. This is related to the economic features underlying these technologies. The directions of changes in intellectual property rights are found to require further coping with the overall chain of innovation and with the uncertainty that can be embedded in the new trends of technological development.

scholarly journals THE COMPARISON OF LEGAL DAMAGES FOR COPYRIGHT & BRAND INFRINGEMENT AMONG INDONESIA-CHINA LAWS

2021 ◽  
Vol 8 (3) ◽  
pp. 466
Author(s):  
Heri Gunawan ◽  
Joni Emirzon ◽  
Muhammad Syaifuddin
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Trademark Law ◽  
Republic Of China ◽  
Trademark Infringement ◽  
Positive Law ◽  
The Law ◽  
The Right

Intellectual Property Rights or what is often abbreviated as HAKI is a legal protection given by a certain country to a person or group of individuals who express their ideas in the form of works. This law is a state territory. This means that a work will only be protected by rights in the country where the work originated to obtain IPR. As stated in the Copyright Laws, Intellectual Property Rights are exclusive rights granted by a regulation to a person or group of people for their copyrighted works. This protected work is in the form of intangible objects such as copyrights, patents, and trademarks and tangible objects in the form of information, technology, literature, art, skills, science, and so on. The idea of compensation law for copyright and trademark infringement in Indonesia, of course, can imitate the copyright law and trademark law of the People's Republic of China in regulating more clearly the calculation of the value of losses for copyright and trademark infringement in order to be able to provide legal certainty for the owner / rights holders whose rights have been violated. The research use normative juridical approach. The purpose of writing is to analyze and explain the calculation of compensation by looking at the criteria, evidence, basis, form and formulation of calculating compensation for copyright and trademark infringement. The results of the study stated that the law for compensation that arises as a result of copyright and trademark infringement according to positive law in Indonesia still does not regulate in detail the calculation of the value of the loss of both copyrights and trademarks. Copyright Act No.28 of 2014 and Trademark Act No.20 of 2016 only gives rights to the right owner/right holder to file a claim for compensation, but the law does not regulate how to determine the value of the loss for a copyright infringement as well as brands.

Intellectual Property Rights

2009 ◽  
pp. 1-31
Author(s):  
Alfredo M. Ronchi
Keyword(s):  
Intellectual Property ◽  
Information And Communication Technologies ◽  
Intellectual Property Rights ◽  
Communication Technologies ◽  
Modern World ◽  
Human Energy ◽  
Human Creativity ◽  
Information And Communication ◽  
Human Trait

“Creativity is one of the highest forms of human energy. It is a defining human trait that enables us to design and use tools, while giving us the ability to solve problems. In the modern world, creativity and its outcome–innovation–are credited as the greatest predictors for economic advancement, equal to, or surpassing, investments. Creativity can be a vehicle for empowerment and fulfilment or, if denied or abused, it can lead to frustration, apathy, alienation, and even violence. The role of creativity has been magnified by the explosive developments in Information and Communication Technologies. ICTs are the most powerful means to produce, preserve, and communicate the fruits of human creativity, including information, know-how, knowledge, and works of art.” (ICT and Creativity: Towards a global cooperation for quality contents in the Information Society – The Vienna Conclusions 2005)

scholarly journals LEGAL PROTECTION OF LURIK ART CONSERVATION THROUGH INTELLECTUAL PROPERTY RIGHTS 2 IN KLATEN REGENCYLEGAL PROTECTION OF LURIK ART CONSERVATION THROUGH INTELLECTUAL PROPERTY RIGHTS 2 IN KLATEN REGENCY

2019 ◽  
Vol 8 (2) ◽  
pp. 354
Author(s):  
Riska Andi Fitriono ◽  
Sarwono .
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Copyright Law ◽  
Moral Rights ◽  
Art Conservation ◽  
Economic Rights ◽  
The Law ◽  
The Right

This article aimed to analyze legal protection of Lurik Art Conservation Through <br />Intellectual Property Rights in Klaten Regency. Klaten is the area that is most<br />concerned with the survival of lurik weaving. There is someone mentioned that the<br />Klaten Regency was the capital of lurik weaving. Because the weaving of Looms<br />are not machines or Alat Tenun Bukan Mesin (hereinafter abbreviated to ATBM) <br />is a mainstay of this city. There are countless villages that become centers of lurik <br />craftsmen. This research is empirical or non-doctrinal research, which is a study<br />that sees the law not only from the perspective of legislation, but also sees the law<br />in its implementation. The results of the study show that the first legal protection in<br />preserving the current lurik art in Klaten, namely the Klaten Regency Government,<br />then stipulates the Regent's Regulation Number 53 of 2010 Article 23 Paragraph (9)<br />on the Daily Batik and Traditional Weaving Lurik Service or ATBM Striated and<br />the Klaten Regent's Decree Number : 065/1014/06 December 30, 2010 on Wearing<br />Traditional Weaving, Motives, Colors and Free Models with Attributes. Furthermore,<br />based on the Decree of the Regent of Klaten Number 050/84 of 2016 on Klaten<br />Regency's Superior Products, batik striated is one of the superior products of Klaten<br />Regency. With the issuance of these rules as an effort to protect and preserve lurik<br />art in Klaten district and referring to Law Number 28 of 2014 on Copyright, it has<br />regulated the forms of protection of lurik art in Klaten through Article 40 paragraph<br />(1). The Second Protection of Intellectual Property Rights Against Lurik Art, namely<br />Protection of lurik artworks, besides being accommodated in Law Number 28 of 2014<br />on Copyright (Copyright Law) and Trademark Law and other intellectual property<br />right laws. Elucidation of Article 40 paragraph (1) letter j of the Copyright Law. The<br />work is protected because it has artistic value, both in relation to the picture, style,<br />and color composition. The Copyright Act also emphasizes that it is important to<br />protect Copyright because every creator, in this case, the creator of the lurik motif<br />has the right to moral rights and economic rights.

Exercise of economic intellectual property rights to wellknown trademarks.

2021 ◽  
pp. 62-72
Author(s):  
Olena Tverezenko
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
License Agreement ◽  
Legal Entity ◽  
State Register ◽  
The Subject ◽  
The Law ◽  
The Right

The exercise of intellectual property rights is the realization bythe subject of intellectual property rights of moral and / or economic intellectual propertyrights, the content of which in relation to certain objects of intellectual propertyrights is determined by the Civil Code of Ukraine and other laws. The exercise of intellectualproperty rights is also the realization of economic intellectual propertyrights by other persons on the basis of the permission of the person who has the rightto allow the use of such object of intellectual property rights.The Law «On Amendments to Certain Legislative Acts of Ukraine ConcerningStrengthening the Protection and Protection of Rights to Trademarks and IndustrialDesigns and Counteraction to Patent Trolling» (which entered into force on August16, 2020) has аmended the Law of Ukraine «On Protection of Rights to Marks forGoods and Services» (hereinafter — the Law). The amendments have removed theprovision that a well-known trademark receives the same legal protection as thetrademark for which the certificate is issued. Such changes have created a gap in thelegislation in part of defining what does the exercising of intellectual property rightsto well-known trademarks include.In this connection the following questions arise: (1) can the right to use a wellknownmark (as well as the mark for which the certificate is issued) be the subject ofa license agreement, a commercial concession agreement; (2) whether it is possible tocontribute economic intellectual property rights to a well-known trademark to the authorizedcapital of a legal entity; (3) whether it is possible to transfer such rights onthe basis of an agreement on the transfer of economic intellectual property rights or to provide as collateral. We believe that these issues should be addressed through theadoption of appropriate amendments to Art. 25 of the Law.In our opinion, the right to use a well-known trademark may be the subject of licenseagreements and commercial concession agreements. According to the currentlegislation of Ukraine, it is impossible to transfer economic intellectual propertyrights to a well-known mark to another person.It is expedient to make changes to Art. 25 of the Law, which would provide necessityof creation and functioning of the State register of Ukraine of well-knowntrade marks.The introduction of the proposed amendments to the legislation of Ukraine in thefield of economic intellectual property will help to improve the relevant legal relationsrelated to the exercise of property rights to well-known trademarks.Key words: trademark, well-known trademark, economic intellectual propertyrights, exercise of economic intellectual property rights, assignment (transfer) of economicrights of intellectual property

scholarly journals LEGAL PROTECTION OF COMPUTER PROGRAMS AS OBJECTS OF INTELLECTUAL PROPERTY RIGHTS

2019 ◽  
pp. 31-35
Author(s):  
Y.S. Kanarik ◽  
B.B. Sergienko
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Computer Program ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Computer Programs ◽  
Patent Law ◽  
Relevant Today ◽  
The 1960S ◽  
Almost All

The article examines the legal protection of computer programs as intellectual property rights. The analysis of theoretical and practical aspects of the existing system of protection of the computer program according to the rules of copyright is carried out and the possible ways of its improvement in accordance with the current conditions. As many scientists, in particular, Kirin R, S., Tarasenko L.L., Efremova T.F., emphasize the imperfection of the legal protection of this object of intellectual property rights, the possible ways of improving the legislative protection of computer programs in accordance with to the needs of today. We identify the strengths and weaknesses of the various legislative protection systems that are relevant today or those that could theoretically be applied to protecting computer programs. Particular attention has been paid to the emergence and development of the legal protection of computer programs in general since the 1960s. It has been revealed that from the very beginning, the legal protection industry has relied on various systems of protection, including copyright and patent law, and so on. In the future, with the development of intellectual property rights, in almost all states, a system for protecting computer programs as literary works has been adopted. However, in the current context, such legal protection is ineffective. And the more useful a computer program is, the more vulnerable it to copying. That is why the prevalence of unlicensed versions of computer programs is analyzed. So, about 85% of the population were found to be using, at least one, illegal copy of computer programs. The main reasons for this phenomenon are the perception of intellectual property rights as a free resource, as well as fragmented, imperfect action by the state to identify and eliminate this type of offense. Due to the urgency of the problem, the authors have proposed various options for protecting computer programs: in particular, the traditional protection of a computer program as a copyright object; protect your computer program by patent law. However, only if the program is part of a utility model or invention; protecting your computer program name as a trademark, etc. Keywords: computer program, copyright, patent, source code, object code.

scholarly journals Objects of Intellectual Property Right in the Accounting System

2021 ◽  
pp. 20-28
Author(s):  
Natalia Skorobogatova ◽  
◽  
◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Information And Communication Technologies ◽  
Intellectual Property Rights ◽  
Industrial Revolution ◽  
Intellectual Property Right ◽  
Accounting System ◽  
Software Products ◽  
Information And Communication ◽  
Investment Object

The rapid introduction of software products and other objects of intellectual property rights in the context of the fourth industrial revolution requires the improvement of methodical approaches to identifying the costs of their acquisition and creation. Such approaches will allow unambiguously determining the corresponding costs in the accounting system and reflecting them in the financial statements. The purpose of the article is to disclose the essence and identification of criteria for the recognition of intellectual property objects in the accounting system, taking into account the specifics of the use of information and communication technologies. Based on the analysis of domestic regulatory and methodical documents regulating the accounting for intangible assets, and international accounting standards, a number of inconsistent points have been identified on identifying the costs of acquiring and creating intellectual property objects and the conditions for their inclusion in current expenses or the initial cost of fixed assets. For the purpose of justified identification of these costs as an accounting object, the criteria for recognizing costs for the acquisition and creation of intellectual property objects have been systematized using the example of software products. The approach proposed by the author will contribute to the reasonable formation of the corresponding costs and their reflection in the accounting and reporting of the enterprise. Based on this, it will be possible to determine the objective financial results of the enterprise and evaluate its value. It was also proposed to apply a unified approach to determining the value of an object of intellectual property rights as an object of accounting and an investment object. This will allow introducing a unified monitoring system for long-term expenses in the accounting of the enterprise.

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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