scholarly journals Role of intellectual property as key element of innovation activities: legal grounds

2021 ◽  
pp. 120-131
Author(s):  
Anastasiia Yarmoliuk
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Legal Protection ◽  
Science Research ◽  
Innovation Activity ◽  
Digital Platforms ◽  
Innovation Activities ◽  
Property Rights Protection ◽  
Intellectual Assets ◽  
Set Up

Keywords: intellectual property, intellectual property rights, innovation activities,innovation activity companies (entities), open innovations concept, open innovationplatforms The article determinates that, on the background of a digitaleconomics actively development, the open innovations become a key source of digitalbreakthrough. The author states that within such a concept, the entities carryinginnovation activity, keep focus on monetizing both the internal research results aswell as the external ideas. Such approach, enhanced with external partners involvementinto the innovations process, helps the innovative technologies to move remarkablyfaster through the lifecycle. It is also emphasized that the approach enabling externalaccess to the companies’ innovations, need a concept to be set up, with focus onintellectual property rights protection. The author draws attention that the key roleof legal instruments for intellectual property protection, is to minimize the risk forthose companies which contribute to the innovations market development. It is clarifiedthat within such a concept, the innovation activity companies provide their partnersthe right to use the intellectual assets, which may be either already in use bysuch companies or idle to use. Thus, the companies providing legal protection of theintellectual property, have more favourite conditions to come into a strategic partnership.The author highlights that the innovations-industry companies make profitfrom getting access to science-research and related production outputs which areowned by their partners, as well as from further development of their own productsresulting from the intellectual property under the strategic agreement. The articlealso proposes creation of digital platforms which will facilitate the effective partnershipof the business, state organizations and innovation teams within the developmentprocess of innovation products.

scholarly journals Intellectual Property Rights Protection of Mandar Coconut Oil through Geographical Indications

2019 ◽  
Author(s):  
Erlika Sari ◽  
Hasbir Paserangi ◽  
Marwah ◽  
Achmad Zulfikar ◽  
Irmawati ◽  
...  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Coconut Oil ◽  
Legal Protection ◽  
Geographical Indications ◽  
Intellectual Property Rights Protection ◽  
Property Rights Protection ◽  
Directorate General ◽  
The Government

Intellectual property rights support the economic development of a country.Indonesia, with its extraordinary natural resources, has not been able to optimize protection of intellectual property rights. Only 65 kinds of geographical indications were recorded registered on the Directorate General of Intellectual Property by hundreds or even thousands of products with Indonesian characteristics. This article uses a type of socio legal research with data sourced from literature review. This article concludes that Mandar coconut oil is one of the Indonesia resources as the biggest producer coconut oil in the world. This oil has some advantages so it is worth to get the legal geographical indications. The steps which can take of community and the government refers to Law No. 20 of 2016 concerning Trademark and Geographical Indications. The writers recommend that the government of West Sulawesi Province, PolewaliMandar Regency and Majene Regency Government providesupporttowardsMandar coconut oil, so it can get legal protection through geographical indications.

scholarly journals PERLINDUNGAN HUKUM HaKI DALAM PERJANJIAN WARALABA DI INDONESIA

Jurnal Hukum ◽  
1970 ◽  
Vol 26 (2) ◽  
pp. 571
Author(s):  
Lathifah Hanim
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Trade Secrets ◽  
Trademark Law ◽  
Applicable Law ◽  
Set Up ◽  
Indication Of Origin ◽  
Ipr Protection

Always related to the provision granting franchise rights to use and or use of certain intellectual property rights, which in this case embodied in the brand, which covers both trademarks and service marks, or indications of origin (indication of origin) and a specific format, formula, characteristics, methods, procedures, procedures, systems etc. that are typically associated with, and which can not be separated from each output or product that is produced and then sold, delivered or traded by using the trademarks, service marks or indications of origin mentioned above, called a trade secret.The problem is how the legal protection of intellectual property rights for the franchisor (the Franchisor) and Franchisee (the Franchisee) in franchise agreements in Indonesia.Franchise agreements is one aspect of legal protection to the parties of the actions harm others, including in providing legal protection for intellectual property rights. This is because the agreement can be a strong legal basis to enforce legal protections for the parties involved in the franchise system. If either party violates the agreement, then the other party can sue the infringing party in accordance with applicable law. Legal protection of intellectual property rights owned by the Parties to the Franchisor (the franchisor) will be better protected if the Franchise Agreement has been set up specifically on IPR protection, which is a pledge of certain restrictions that must be adhered to by the Franchisee (the franchisee), which directly or not directly intended to protect intellectual property rights of the Parties to the Franchisor (the franchisor). The Franchise Agreement which provides IP protection provisions also set Franchisee shall protect trade secrets provided by the franchisor during the term at least 2 (two) years after the franchise period expires. Franchisee shall maintain the rights and interests as holders of rights to the franchisor's brand. Franchisee is prohibited to run any other business which directly competes with the franchisor during the term of business and franchise and for a period of at least 2 (two) years after the franchise period expires. Intellectual Property Rights in the franchise business is also highly protected by the laws relating to intellectual property rights, namely: Copyright Law, Trademark Law, and the Trade Secrets Act.Key words: Franchise Agreement, Legal Protection.

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

scholarly journals Complex Dynamical Behaviors of a Mixed Duopoly Game Based on Intellectual Property Rights Protection

Complexity ◽  
2020 ◽  
Vol 2020 ◽  
pp. 1-11
Author(s):  
Tong Chu ◽  
Yu Yu ◽  
Xiaoxue Wang
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Mixed Duopoly ◽  
Fractal Structures ◽  
Rights Protection ◽  
Intellectual Property Rights Protection ◽  
Dynamical Behaviors ◽  
Property Rights Protection ◽  
Coexistence Of Attractors

Based on the oligopoly game theory and the intellectual property rights protection policy, we investigate the complex dynamical behaviors of a mixed duopoly game with quadratic cost. In the new system, a few parameters are improved by considering intellectual property rights protection and the stability conditions of the Nash equilibrium point are discussed in detail. A set of the two-dimensional bifurcation diagrams is demonstrated by using numerical modeling, and these diagrams show abundant complex dynamical behaviors, such as coexistence of attractors, different bifurcation, and fractal structures. These dynamical properties can present the long-run effects of strengthening intellectual property protection.

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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