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.

scholarly journals On issue of criminal liability for violations of intellectual property rights

2020 ◽  
pp. 101-104
Author(s):  
M.S. Utkina
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Criminal Liability ◽  
Legal Protection ◽  
Criminal Code ◽  
International Standards ◽  
Criminal Proceedings ◽  
Industrial Property ◽  
Criminal Legislation

The issues of criminal liability for violations of intellectual property rights in Ukraine as well as examples of foreign countries (Federal Republic of Germany, French Republic, United States of America, Swiss Confederation) were analyzed. The author has identified major international instruments that set out basic international standards for the protection of intellectual property rights. It has been determined that Article 61, Section 5, of the Agreement on Trade-Related Aspects of Intellectual Property Rights, or the TRIPS Agreement, lays down provisions on criminal proceedings. The author analyzed the provisions of the current criminal legislation of Ukraine, according to which the occurrence of criminal liability is possible in case of violation of property rights of owners, without taking into account personal non-property rights. The article also states that, in accordance with the provisions of the articles of the Criminal Code of Ukraine, a peculiarity of domestic criminal legislation on infringement of intellectual property rights is that this type of liability can occur only if the owner of the rights of property damage in a large, large or especially large size. With regard to the Institute of Industrial Property, the Criminal Code of Ukraine provides for liability for the unlawful use of an invention, utility model, industrial design or variety of plants, if the material damage was done, as previously stated, in a significant, large or particularly large sizes. The author has determined that the urgency of the solution requires the issue of extending legal protection to new and emerging technologies. As with this, the nature of the violations and the process itself change. Against this background, there is a serious challenge to the intellectual property system. In turn, the process of protection and protection of intellectual property may be enhanced by having an adequate and effective system of state mechanism for preventing and ending offenses. It can also be achieved by simplifying the process of proving infringement in the field of intellectual property, and thus the procedure for bringing the perpetrator to justice.

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 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.

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.

scholarly journals LEGAL PROTECTION OF INTERIOR DESIGN IN INDUSTRIAL DESIGN INTELLECTUAL PROPERTY RIGHTS

2021 ◽  
Vol 6 (1) ◽  
pp. 27-37
Author(s):  
Ida Ayu Sadnyini ◽  
I Gede Putu Agus Wistama Putra ◽  
A.A.A.Ngurah Sri Rahayu Gorda ◽  
A.A.A. Ngurah Tini Rusmini Gorda
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Integrated Circuits ◽  
Intellectual Property Rights ◽  
Interior Design ◽  
Industrial Design ◽  
Human Life ◽  
Legal Protection ◽  
Legal Basis ◽  
Industrial Property

Intellectual property is creativity that results from human thought in order to meet the needs and welfare of human life. Currently, IPR issues are widely discussed in the context of international issues. IPR includes two parts, namely Copyrights and Industrial Property Rights. Industrial property rights include patents, industrial designs, integrated circuits layout designs, trade secrets, geographic indications, trademarks and plant variety protection (PVP). Interior design is part of industrial design. Interior design has experienced significant developments in recent years, including in Indonesia. Problems that arises is plagiarisms done by imitating or using the "similarity" of an interior design that already has an industrial design certificate without any permission from the design owner. This study aims to find out the legal protection of interior design in the intellectual property rights of industrial design and the legal basis used by judges in deciding industrial design rights disputes. The result of this study showed that the legal protection of interior design in the intellectual property rights of industrial design involved two legal protections; they are preventive legal protections and repressive legal protections. Furthermore, Gustav Radbruch's theory of legal ideals is used as a legal basis in deciding cases of disputes over industrial design rights based on justice, benefits, and legal certainty in the case of industrial design disputes Ecosfera Room.  

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 FEATURES OF FORECLOSURE ON INDUSTRIAL PROPERTY RIGHTS AS COLLATERAL

2020 ◽  
Author(s):  
Костянтин Оверковський
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Industrial Property ◽  
Fixed Price ◽  
Legal Literature ◽  
Legislative Regulation ◽  
The Law ◽  
State Registration

The article is devoted to the features of foreclosure on industrial property rights as a pledged item. The purpose of the article is to substantiate proposals for improving the legislative regulation of the procedure for foreclosing property rights of industrial property as collateral. The article investigates the special legal literature and the current legislation in the field of pledging industrial property rights and foreclosure procedures.Based on the study, generalized methods of foreclosure are inherent to secured industrial property rights: judicial — sale of pledge through electronic bidding, out-of-court — by concluding an agreement on satisfying the requirements of the pledge holder. All out-ofcourtmethods of collection are analyzed, based on them a method is proposed that will correspond to the nature of industrial property rights, namely, conclusion of an agreement on satisfying the requirements of a pledge holder. Also, in the article, considercases where the out-of-court method of foreclosure on property rights of industrial property cannot be applied, and foreclosure should only take place in a judicial proceeding, these cases are proposed to be fixed in the Law on pledges.Given the specificity of industrial property rights, certain proposals are proposed to improve the collection of such rights in the enforcement proceedings. Thus, the assessment of intellectual property rights requires a different approach than the assessment of things, so it is proposed to supplement Part 3 of Art. 57 of the Law of Ukraine«On Enforcement Proceedings» is such an object of valuation as property rights of intellectual property.In order to regulate the procedure for the realization and enforcement of industrial property rights, the legal bases for the transfer of these rights and their state registration require systematic refinement, in particular by supplementing the relevant state registers in the field of industrial property by such types grounds for the transfer of rights, such as: a fixed-price bidding act, an electronic bidding act, an ordinance and act of transfer of property to a debt collector, an agreement on satisfying the requirements of a pledge holder.The conclusions suggest amendments to the current legislation regarding the issues discussed above.

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.

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 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.

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