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Luo, zONGKUI, and Fang Wang. "From cultural symbols to commercial marks: a quantitative analysis of the trademark law protection of intangible cultural heritage in China." Queen Mary Journal of Intellectual Property 11, no. 2 (May 27, 2021): 158–82. http://dx.doi.org/10.4337/qmjip.2021.02.02.
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The issue of trademark law protection of intangible cultural heritage (ICH) is inevitably encountered in the conversion from cultural symbols to commercial marks. Although academic circles are still discussing this, the practice has already begun. This paper investigates the status of the trademark law protection of ICH in China from the perspective of the application and registration data of ICH trademarks. According to a quantitative analysis of 12 123 items of ICH trademark searching data in China, it can be seen that the trademark protection of ICH is not optimistic, the trademark use of ICH symbols is in a disordered state, and many ICH trademark applications may cause distortion, derogation, or dilution to the connotation of the ICH. As a result, excluding trademark squatting by outsiders and decentralized registrations by indigenous peoples, and orderly utilizing of ICH symbols under a collective trademark or a certification trademark, should be determined as the basic goal of trademark law protection of ICH. To achieve this goal, the solution of ‘exclusion plus unified utilization’ should be adopted in practice. According to this plan, indigenous peoples, the trademark office, courts, and the Center of ICH Protection need to collaborate and improve the trademark law protection of ICH through awareness-raising, actions, institutions, and information.
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Ingarasi, Patrica, and Nany Pudianti Suwigno. "The Benefits of Registered Trademark for MSME Actors in Surakarta City: A Case Study of IPR Protection." SIGn Jurnal Hukum 4, no. 2 (November 23, 2022): 233–46. http://dx.doi.org/10.37276/sjh.v4i2.187.
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This research aims to examine and analyze the benefits obtained by MSME actors in Surakarta after registering their trademarks. This research uses the empirical research method. The primary data were collected using direct interviews. The data obtained in this research were then analyzed qualitatively to analyze problems and answer study purposes. The results show that the IPR has provided legal certainty and protection for the Owner. Apart from getting legal protection, the rights Owner of the trademark also gets material and immaterial benefits. In this case, the rights Owner of the Mal Mel trademark feels the immaterial benefits. Furthermore, the rights Owner of the Mal Mel trademark prefers to give a direct warning if she finds a social media account plagiarizing his trademark rather than through positive legal procedures. At the same time, the rights Owner of the Mal Mel trademark does not think of making a profit by earning and receiving compensation from plagiarists. Therefore, it is recommended for every business actor, especially those with large and developing scales, to register their trademarks. In addition, MSME actors can also register the trademark to DGIP using the collective system. On the other hand, it is also recommended for the Government increase public understanding and trust in solving problems through positive legal procedures, even though the crime of IPR plagiarism is included in the category of constituted complaint delict.
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Jotyka, Gossain, and I. Gusti Ketut Riski Suputra. "PROSEDUR PENDAFTARAN DAN PENGALIHAN MEREK SERTA UPAYA PERLINDUNGAN HUKUM TERHADAP MEREK TERKENAL MENURUT UNDANG-UNDANG NOMOR 15 TAHUN 2001." Ganesha Law Review 3, no. 2 (July 1, 2021): 125–39. http://dx.doi.org/10.23887/glr.v3i2.447.
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Based on Article 1 of Law No.15 of 2001 concerning Marks, what is meant by Mark is signs in the form of pictures, names, words, numeric letters, color arrangements, or a combination thereof these elements which have distinctive power and are used in the world of commerce goods or services. The marks are trademarks and service marks. The collective brand is a brand used on goods or services with the same characteristics that are traded by several people or legal entities together to differentiate goods or services the like. In a trademark there is a license term, namely a license granted by the owner of the registered mark to a person or persons collectively or a legal entity for use the mark, for goods or services. In the world of trade it often happens brand violation. Trademark infringement is basically committed by parties who have bad ethics to make a profit, which can harm the brand owner legitimate. Indications of violations based on Trademark Law No.15 of 2001, exist several classifications regarding brand counterfeiting, namely using the same mark as a whole, using the same brand in essence, using the same mark, uses the same mark substantially as the geographical indication. Apart from that there are also counterfeiting of registered marks. In fact, registered trademarks must be protected by the State through Trademark law
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Gorda, A. A. A., and Resti Anggreni. "Collective Trademark as Alternative of Joint Brand Protection for Dupa Harum Kekeran in Bali." PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 07, no. 01 (April 2020): 64–84. http://dx.doi.org/10.22304/pjih.v7n1.a4.
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In Kekeran Village, Penebel District, Tabanan Regency, people’s understanding on the importance of legal protection of Intellectual property rights over brands are not well-established. In the village, Dupa Harum Kekeran, a kind of fragrance incense, is the product of a group of women. They use the Kekeran logo; and the logo has not been registered to the Directorate General of Intellectual Property Rights. Brand is a sign that enables customers to identify and differentiate products of companies. As a differentiator, it can also be a marker of an item’s reputation. The study employed an empirical legal research method by using primary and secondary data which were analyzed descriptively and qualitatively. The study concludes that collective trademark can be used as an alternative of legal protection. It can be used to reduce business competition in the Tabanan Regency. Legal protection is preventive and can be used together to reduce the level of business competition among the makers of Dupa Harum Kekeran. In particular, the business competition is managed by the home industry. Therefore, legal protection through a collective trademark can be more effective and efficient. The government has to cut the bureaucracy of brand registration and the trademark registration can now be done online. The role of the government in efforts to provide the collective trademark protection can be said to be very optimal.
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Gorda, A. A. A., and Resti Anggreni. "Collective Trademark as Alternative of Joint Brand Protection for Dupa Harum Kekeran in Bali." PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 07, no. 01 (April 2020): 64–84. http://dx.doi.org/10.22304/pjih.v7n1.a4.
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In Kekeran Village, Penebel District, Tabanan Regency, people’s understanding on the importance of legal protection of Intellectual property rights over brands are not well-established. In the village, Dupa Harum Kekeran, a kind of fragrance incense, is the product of a group of women. They use the Kekeran logo; and the logo has not been registered to the Directorate General of Intellectual Property Rights. Brand is a sign that enables customers to identify and differentiate products of companies. As a differentiator, it can also be a marker of an item’s reputation. The study employed an empirical legal research method by using primary and secondary data which were analyzed descriptively and qualitatively. The study concludes that collective trademark can be used as an alternative of legal protection. It can be used to reduce business competition in the Tabanan Regency. Legal protection is preventive and can be used together to reduce the level of business competition among the makers of Dupa Harum Kekeran. In particular, the business competition is managed by the home industry. Therefore, legal protection through a collective trademark can be more effective and efficient. The government has to cut the bureaucracy of brand registration and the trademark registration can now be done online. The role of the government in efforts to provide the collective trademark protection can be said to be very optimal.
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Duguid, Paul. "A Case of Prejudice? The Uncertain Development of Collective and Certification Marks." Business History Review 86, no. 2 (2012): 311–33. http://dx.doi.org/10.1017/s0007680512000426.
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The introduction of collective and certification marks to U.S. law in 1946 by the Lanham Act has generally been regarded as an innovative and forward-looking step. Yet these marks had been widely used by individual states since the previous century, and international conventions had long been pushing the federal government to enact measures to protect them. Indeed, it may be stranger that the U.S. trademark law of 1905 did not include protection for such marks than that, forty years later, the Lanham Act did. In exploring why the law of 1905 failed to respond to widespread innovation, and why the Lanham Act was celebrated for fulfilling such a long-overdue obligation, this article raises questions about conventionally linear accounts of the development of trademark law and practice.
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Hirko, Sileshi Bedasie. "The Legal Framework for the Protection of Geographical Indications in Ethiopia: A Critical Review." Journal of African Law 58, no. 2 (August 27, 2014): 210–30. http://dx.doi.org/10.1017/s0021855314000126.
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AbstractThe legal protection of geographical indications (GIs) has become an important concern in both developed and developing countries. In Ethiopia, despite the existence of the need and enormous potential for the protection of GIs, the issue of GIs has not been given due attention. The legal protection of GIs in Ethiopia has not been expressly regulated by any specific legislation. It may arguably be protected under a collective trademark system. However, this system only operates for distinctive GIs. Consequently, most descriptive GIs are not embraced by the system unless the distinctiveness requirement is dispensed with for the registration of GIs as collective trademarks. Moreover, the existing system needs to be redefined in light of the notion of GIs under the TRIPs Agreement. It is therefore high time that an appropriate legal framework be designed to ensure the effective protection and enforcement of GIs in Ethiopia.
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Гутников, Олег, Olyeg Gutnikov, Валерия Смирнова, and Valeriya Smirnova. "On Soviet Trade Marks." Journal of Russian Law 3, no. 1 (December 24, 2014): 0. http://dx.doi.org/10.12737/7250.
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In modern Russia is debated the issue of legal regulation of trademarks, which are well-known in the Soviet time and freely used by many domestic enterprises for homogeneous products such as candy “Belochka”, the “Jubileynoe” cookies, chocolate “Alyonka”, cheese “Yantar”, “Druzhba”, etc. Currently has so-called battle for Soviet trademarks between rights holders, who received the trademark rights in full compliance with the Russian legislation, and the actual users, who do not have time to register them. So in the legal community are mechanisms to address issues related to trademarks: recognition of them entered into general use and lost their distinctiveness, the revocation of their registration as acts of unfair competition; the their nationalization; the introduction of prior use, their mode of collective trademarks or certification, traditional food regulation. Currently in the State Duma of the Russian Federation are considered the bills, aimed at the introduction of the right of prior use in trademarks and issuing a compulsory license. In the article are considered only the arguments against the introduction of the right of prior use and issuance of compulsory licenses in respect of trademarks.
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Sukmadewi, Yudhitiya Dyah. "PENDAFTARAN MEREK ASOSIASI SEBAGAI MEREK KOLEKTIF (KAJIAN TERHADAP ASOSIASI RAJUT INDONESIA WILAYAH JAWA TENGAH)." Jurnal Ius Constituendum 2, no. 1 (April 5, 2017): 109. http://dx.doi.org/10.26623/jic.v2i1.547.
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<p>This study examines the registration of collective marks owned by the<br />Association of Knitting Indonesia Central Java (Java ARI) on the knitting craft<br />products manufactured and marketed independently. In addition, the assessment<br />conducted on the mechanism of collective trademark registration in the relevant<br />institutions. The research method used juridical empirical approach. Juridical<br />aspect is based on Law No.20 of 2016 on Marks and Geographical Indications<br />and related legislation, while reviewing the empirical aspects of the business<br />activities carried on ARI Java. The results showed that ARI Java brand label have<br />met the brand element that can be registered as a collective trademark<br />registration with domicile at the Directorate General of Intellectual Property of<br />the Ministry of Law and Human Rights in Central Java.</p><p> </p>
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Xinzhe, Song. "A closer look at the elephant in the room: the distinctiveness of geographical indications." Queen Mary Journal of Intellectual Property 11, no. 1 (February 18, 2021): 25–46. http://dx.doi.org/10.4337/qmjip.2021.01.02.
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The term ‘distinctiveness’ is used in trademark law to refer to the capacity of a trademark to distinguish the goods of one undertaking from those of other undertakings. The importance of this concept can be seen in Article 15 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), which provides that any sign having distinctiveness shall be capable of constituting a trademark. Gradually, ‘distinctiveness’ has come to be used to describe the distinguishing capacity of other distinctive signs, including geographical indications (GIs). This article explores the distinctiveness of GIs. It begins with a discussion of the meaning of GI distinctiveness in the different GI protection contexts to reveal its particularity compared to the traditional concept of trademark distinctiveness. The second part of the discussion shows, however, that the concept of GI distinctiveness is not given sufficient importance in the protection of GIs, and is confused with the distinctiveness of collective or certification marks. This article therefore calls for an approach that recognizes the importance and the particularity of the distinctiveness of GIs in the design of GI protection mechanisms.
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Sardjono, Agus, Brian Amy Prastyo, and Derezka Gunti Larasati. "Development of Collective Trademark for Batik Industry in Kampung Batik Laweyan (Laweyan Batik’s Village), Solo." Indonesia Law Review 5, no. 1 (April 30, 2015): 33. http://dx.doi.org/10.15742/ilrev.v5n1.136.
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Ledinek Lozej, Špela. "BRANDING TOLMIN CHEESE." Traditiones 49, no. 3 (December 31, 2020): 53–80. http://dx.doi.org/10.3986/traditio2020490304.
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The author presents the history of local cheese evaluation, from the commodification at the end of the 19th century to modern qualification instruments, emphasizing the collective trademark and the protected designation of origin. The main actors involved in the branding process, their objectives, effects, and specific features are outlined. In addition to strengthening agricultural production, food processing, and market supply, the branding processes have shaped and consolidated representations of (past) regional cheese production and livestock breeding, and have built locality.
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Hukamawati, Dinartika, and Arifah Fibri Andriani. "ANALISIS PENERAPAN ARM’S LENGTH PRINCIPLE PADA TRANSAKSI PEMBAYARAN ROYALTI ATAS PEMANFAATAN MEREK DAGANG (TRADEMARK) KEPADA PERUSAHAAN AFILIASI." INFO ARTHA 4 (May 24, 2017): 1–18. http://dx.doi.org/10.31092/jia.v4i4.34.
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Trademark is a unique marketing intangible. It does not only involve the expenses of marketing, advertising, and promoting, but the reputation of the trademark's owners also takes part in the development of trademark. Many parties involve in the development of trademark. In the context of transfer pricing, these parties entitle to some compensation. And arm's length principle must be applied to determine the reasonable compensation for the use of trademark. Transaction payment of royalties on trademarks is subject to taxes.The taxation of transactions payment of royalties on the use of the trademark among affiliated companies also created disputes between the taxpayer and Tax collector. Cases disputed are related to the fairness of the transaction relating to the determination of royalty payments on trademarks which cover: definition, identification, allocation and valuation between affiliated companies (Caroline Silberztein, 2010). The dispute raises the burden of the cost of compliance for taxpayers and cost of collection to the tax authorities.This study aims to determine how to identify ownership and economic benefits, as well as the best method which can be applied to determine the reasonable price of royalty payment transaction for the trademark use.The results shows that in order to determine the parties entitled to compensation/ remuneration are: Party who can be legally declared to have legal ownership (legal owner) which are parties that have control over decisions related to the exploitation of the intangible as well as the right to restrict others to use intangible; Parties that contribute to the value of the trademark by identifying the parties who bear the cost and risk of the development of the trademark.
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Trappey, Charles V., and Amy J. C. Trappey. "Collective intelligence applied to legal e-discovery: A ten-year case study of Australia franchise and trademark litigation." Advanced Engineering Informatics 29, no. 4 (October 2015): 787–98. http://dx.doi.org/10.1016/j.aei.2015.04.006.
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Kajima, Shuichiro, Yuta Uchiyama, and Ryo Kohsaka. "Intellectual Property Strategies for Timber and Forest Products: The Case of Regional Collective Trademark Applications by Japanese Forestry Associations." Sustainability 12, no. 5 (March 5, 2020): 1988. http://dx.doi.org/10.3390/su12051988.
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In this study, we clarify the motivation for applying for regional collective trademarks (RCTs) and the effects perceived by the right holders of wood and forest products. We further examine the historical contexts and social circumstances of production regions with RCT registrations. A survey of eight right holders, including forestry associations that applied for RCTs, was conducted in this study. We obtained a sufficient quantity of perception data for comparisons across different production sites. The primary motivations of forest associations applying for RCTs were preventing counterfeit goods and improving awareness and familiarity. It was identified that the relative lengths of the brand histories have impacted the current branding strategies, including the motives for RCT applications. In terms of the perceived effects of RCTs, four RCT right holders perceived the former positive effect of preventing counterfeit goods, and seven perceived the latter positive effect of improving awareness and familiarity. All of the forest associations intend to renew their RCTs. The primary motivation of the RCT holders is not price enhancement. It remains to be seen whether the RCT brands can differentiate themselves to consumers and constructors in terms of quality or brand stories.
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Effendi, Ita Dwilestari, Ani Mardiantari, Agus Setiawan, Moh Dimyati, and Anggita Vela. "The Training of Trademark Registration for Usaha Mikro Kecil Menengah (UMKM) to Protect Hak Kekayaan Intelektual (HKI)." Bulletin of Community Engagement 2, no. 2 (July 27, 2022): 109. http://dx.doi.org/10.51278/bce.v2i2.294.
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The training trademark registration were important to support the development of a business product. Several members of Fatayat NU Batanghari have businesses that produced many products of economic value. The limited knowledge people was about trademarks of products did not have brand. Hence, the purpose of this article was to increase knowledge about trademark registration and the process of registered trademarks at the Direktorat Jendral Kekayaan Intelektual (DJKI). The method used Community Based Research (CBR) with 50 participants of PAC Fatayat NU Group of Bumiharjo Village, Batanghari East Lampung. The collecting data used observation, documentation and conducting Forum Group Discussion (FGD). Furthermore, the result product have a legitimate brand. Hence, it has a high economic value and avoids plagiarism by irresponsible people. This Community Service used the Community Based Research (CBR) method and the sample was 50 participants. The result of this service community showed that the participants could engage their knowledge about the importance of legally registering business product trademarks. Especially Fatayat NU Batanghari group  got the rights from the trademark registration of thier business product.
Keywords: Training Trademark Registration, Hak Kekayaan Intelektual, Registration of UMKM
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Grady, John. "University of Kansas and Kansas Athletics, Inc., v. Larry Sinks et al. (collectively d/b/a/ Joe-College.com), 2008 U.S. Dist. LEXIS 23765 (D. Kan. 2008)." International Journal of Sport Communication 1, no. 3 (September 2008): 378–83. http://dx.doi.org/10.1123/ijsc.1.3.378.
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The University of Kansas and its athletics department brought suit against Larry Sinks, a manufacturer and retailer of merchandise doing business as Joe-College.com. Joe-College.com sells merchandise that reference Kansas Athletics programs, including T-shirts with irreverent sayings, as well as references to drugs and alcohol. Plaintiffs allege that the defendant’s goods infringe the registered and unregistered trademarks of the University of Kansas, including its crimson and blue color scheme. The university asserted claims for trademark infringement, trademark dilution, and unfair competition. Approximately 140 T-shirt designs used by the defendant were at issue in the litigation. This case illustrates the expanding scope of protection afforded to trademarks in sport that are used to communicate and distinguish a particular team’s brand. The case also explores the viability of the First Amendment as a defense to trademark infringement for retailers who produce merchandise that allows sports fans to express their message.
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Tarasenko, Leonid. "DOMAIN NAMES, CORPORATE STYLE AND OTHER COMMERCIAL DESIGNATIONS: FEATURES OF LEGAL PROTECTION." Visnyk of the Lviv University. Series Law 74, no. 74 (June 30, 2022): 68–67. http://dx.doi.org/10.30970/vla.2022.74.058.
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The article considers the features of legal protection of domain names, trade dress and other commercial designations. The legal regime of the specified objects of legal protection is analyzed. It is proved that the current national legislation does not clearly define the legal regime of the domain name, corporate style (trade dress) and other commercial designations. The issue of whether a domain name, corporate style and other commercial designations can be considered as separate objects of intellectual property rights is resolved. It is substantiated that domain names, corporate style (trade dress), and other commercial designations are the newest objects of legal protection. It is proven that a domain name is not an independent object of intellectual property, but it can only be a form of use of a trademark or other means of individualization, or can be an independent commercial or non-commercial designation. It is substantiated that the rights to a domain name depend on what objects of civil rights are reflected in the verbal expression of domain names (trademark, trade name, geographical indication, copyright object, name of an individual, etc.). It is proved that the scope and content of the relevant rights to the domain, including the protection of this right, is determined by the species belonging to the object reflected in the domain name, and mainly it is an object of intellectual property. It is established that the ways to protect the rights to the domain can be transferring of the domain name to the plaintiff or termination of the domain name. It is proved that other commercial designations are a separate object of law, which is provided for by Art. 4 of the Law of Ukraine «On protection against unfair competition». It is substantiated that «other commercial designation» is a designation (brand) used by an economic entity without the registration of rights to it, for example, as a trademark. It is proved that «other designation» is inappropriate to be considered as a separate object of intellectual property, instead such designation can be protected as a copyright object (for example, a logo) or as an independent object in a competitive relationship. It is established that the corporate style (trade dress) is inappropriate to be identified exclusively with the brand. It is proved that corporate style (trade dress) strengthens the brand, «dresses» it, creating an individual style. It is justified that it is inexpedient to single out corporate identity as a separate intellectual property object, as corporate identity is a collective, complex object, the rights to which should be protected using other intellectual property objects that are «present» in this trade dress, or are dominant in it.
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de Ulhôa Carvalho, Martha. "Canção da América – style and emotion in Brazilian popular song." Popular Music 9, no. 3 (October 1990): 321–49. http://dx.doi.org/10.1017/s0261143000004128.
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During the 1960s bossa nova was the trademark of Brazilian popular music. In the 1980s a second wave of Brazilian popular artists, such as Milton Nascimento, Djavan, Ivan Lins and Caetano Veloso, has emerged on to the international popular music scene. These artists have been issuing and distributing their records through international labels, and have also had their music recorded by other artists and groups like Pat Metheny and Manhattan Transfer (recipient of a Grammy for their album Brasil). Milton Nascimento, who since 1968 has been playing in concerts around the world with jazz musicians such as saxophonist Wayne Shorter, also receives good reviews in Europe. The Observer describes Milton Nascimento as ‘one of the top musicians in the world’, whose poetry ‘… fuses emotion, feeling, experience, dreams, [and] hopes’ with ‘a burnished voice … tempered with a taut edge at times’, and ‘beautiful melodies which are deceptively intense and powerful even when surrounded by funky keyboards or lush strings’. For the reviewer: ‘His songs have summed up the collective feelings of a nation’. And for Brazilians what is the meaning of Milton Nascimento's music?
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Putra, Kadek Bayu Dinata, I Nyoman Putu Budiartha, and Ni Made Puspasutari Ujianti. "Efektifitas Pendaftaran Merek Hartlystore.id oleh Usaha Mikro Kecil Menengah (Umkm) di Kota Denpasar." Jurnal Preferensi Hukum 3, no. 2 (April 30, 2022): 379–84. http://dx.doi.org/10.55637/jph.3.2.4947.379-384.
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This article is motivated by the legal protection of trademarks; the legal protection of trademarks in Indonesia applies after trademark registration is carried out. MSMEs do not have legal protection if the MSME brand has not been registered. This tends to cause potential problems in the future, namely the misuse of brands by irresponsible parties because MSMEs do not have legal protection if the MSME brands have not been registered. Based on the previous explanation, this research aims to discuss the problem of implementing the registration of the hartlystore.id trademark in Denpasar City and what legal consequences will be obtained if the hartlystore.id trademark is not registered. The research method used is empirical legal research, empirical research provides answers to problems related to the reality that occurs in society related to the problems to be studied using a sociological approach, a statutory approach and a fact approach. The main legal source of this research is field research, namely research carried out by going directly into the field to obtain various kinds of data. While the supporting legal sources come from legal books and journals as well as previous research that is relevant to this research. Data collection techniques used are interviews and data observation in the field. From the results of the research, it was found that the implementation of the hartlystore.id trademark registration in Denpasar City had not run effectively this was due to the lack of understanding of MSMEs regarding trademark registration. The legal consequences that arise if the hartlystore.id Mark does not register its trademark, namely the hartlystore.id Mark will not get legal protection from the state if the hartlystore.id mark is imitated or falsified by other parties.
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Sekine, Kae. "The Potential and Contradictions of Geographical Indication and Patrimonization for the Sustainability of Indigenous Communities: A Case of Cordillera Heirloom Rice in the Philippines." Sustainability 13, no. 8 (April 14, 2021): 4366. http://dx.doi.org/10.3390/su13084366.
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In the Montane areas of Cordillera, the Philippines, the IP (indigenous people) have cultivated native rice for generations on their rice terraces, which were designated a United Nations Educational, Scientific and Cultural Organization (UNESCO) World Cultural Heritage site in 1995 and a Food and Agriculture Organization (FAO) World Agricultural Heritage site, Globally Important Agricultural Heritage System (GIAHS) in 2011. This heirloom rice was registered as a collective trademark in 2018 and will be registered as a sui generis geographical indication (GI) in the coming years. Based on the author’s interviews with the stakeholders in heirloom rice production conducted in the Philippines in 2019, this article aims to analyze whether GI and patrimonization contribute to the sustainability of the IP communities in Cordillera. This paper demonstrates that GI and patrimonization exhibit both potential and contradictions in ecological, socio-cultural, and economic dimensions of sustainability in the communities, and the compatibility of these dimensions is challenged. The paper concludes that public policies need to pay particular attention to accompanying IP communities when GI and patrimonization are designed to protect them from over-development of the designated area and over-commodification of their certified agri-food products.
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Egia Nuansa Pinem, Lompoh, and Ni Luh Dwik Suryacahyani Gunadi. "Analisis Penyelesaian Sengketa Terhadap Hak Merek Atas Putusan Geprek Bensu Melawan I Am Geprek Bensu." Jurnal Pacta Sunt Servanda 2, no. 1 (July 1, 2021): 24–35. http://dx.doi.org/10.23887/jpss.v2i1.452.
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In Indonesia, there are two forms of dispute resolution over Intellectual Property Rights. The first is through the litigation channel and the second is through the Non-Litigation route. Regarding trade disputes over trademark rights, the resolution is also through these two channels. This research specifically examines the settlement of trademark disputes between Geprek Bensu and I Am Geprek Bensu based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications. This research uses research methods of normative law which is carried out through the collection of primary data and secondary data as well as by the literature approach. Data analysis in this study used qualitative data analysis methods.
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Martínez-Arnáiz, Marta, Eugenio Baraja-Rodríguez, and Daniel Herrero-Luque. "Multifunctional Territorialized Agri-Food Systems, Geographical Quality Marks and Agricultural Landscapes: The Case of Vineyards." Land 11, no. 4 (March 23, 2022): 457. http://dx.doi.org/10.3390/land11040457.
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In contrast to the industrial agricultural systems aimed at producing unlabeled origin foods without unique characteristics, Multifunctional and Territorialized Agri-food Systems (MTAS) claim their identity in productions whose singularity comes from specific environmental conditions and distinctive knowhow—factors often linked to tradition. Their systemic complexity goes beyond the agri-food production function (high quality, sustainable, and differentiated by origin) because the territories gain cohesion and viability from the positive effects resulting therefrom: environmental quality—in the context of sustainable agriculture based on practices that respect the environment and the local productive vocation of the territories—, landscape value, greater economic diversification by stimulating integrated production chains, tourism potential, etc. In this context, the MTAS finds in the geographical indication one of the most expressive quality reference formulas for the identification of agri-food products. This paper delves into the regulatory nature of the main territorial indications (PDO, PGI) and explores their configuration and regulatory evolution, particularly focusing on the wine geographical indications—the first and most common ones. The Spanish indications are taken as the object of analysis, whose operational maturity reveals their solidity, but also their inadequacies, with the demand for adjustments for greater flexibility in the regulatory framework that identifies them as collective marks. Along the same lines, emphasis is placed on the recent advance of individualistic PDO figures, which call into question the very collective basis of the territorial trademark. These conceptual adaptations of geographical indications provide future lines of research necessary to interpret the coherence of these figures with the sustainable development of the territories, whose name they adopt to gain distinction and market competition.
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Maina, Fredah Wangui, John Mburu, Chris Ackello-Ogutu, and Henrik Egelyng. "Intellectual property and agricultural trade: Producer perceptions of tea and coffee as potential geographical indications." Open Agriculture 3, no. 1 (December 1, 2018): 586–95. http://dx.doi.org/10.1515/opag-2018-0062.
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Abstract Kenya tea and coffee are major foreign exchange earners and have high reputation among consumers in the international market. Faced by declining prices and competition from other sub-sectors, production area under these commodities has been declining. Use of intellectual property (IP) rights to protect and market agricultural commodities has been on the increase. Geographical indications as IP have been successfully implemented in developed countries and increasingly in developing countries. The study assesses producers’ awareness and perceptions of territorial-based qualities and the influence on product profits from the two export beverage crops, tea and coffee. Factor analysis was conducted on Likert scale perception questions administered to producers of coffee and tea from Muranga and Kirinyaga, respectively, in the Central region of Kenya. Producers of the two products were aware of the uniqueness of their products and their geographical source. Only perceptions related to market access in coffee and tea, and policies and rules as well as role of county government in coffee positively influenced income. Rather than have GI as a certification trademark, a prescriptive sui generis law would provide the required streamlining needed for collective participation of various actors along the value chain of potential GI products.
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DRUȚĂ, Inga. "LES MARQUES AUTOCHTONES DE LA RÉPUBLIQUE DE MOLDAVIE : TYPOLOGIE ET SÉMANTIQUE." Studii și cercetări de onomastică și lexicologie 28, no. 1-2 (February 12, 2022): 36–45. http://dx.doi.org/10.52846/scol.2021.1-2.02.
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"Brand names represent a thesaurus of semantic effects, which evoke, individually and / or collectively, emotions, images, symbols. The development of the consumer society has created a competitive economic market, which is constantly generating new names for products and services. The phenomenon seems to be exclusively of an economic nature, but, in reality, it is a linguistic one, before anything else. Trademark names are part of commercial onomastics, representing a phenomenon between morphology and semantics, between lexicology and pragmatics. Brand names are not only denotative, but also have connotations for consumers, which must be taken into account in communication. The paper analyzes a vast corpus of names of local trademarks in semantic, typological and functional terms. The main objective of economic agents in choosing a brand name is the possible commercial success of the brand. Thus, some companies choose common, usual, stylistically unmarked names, others plead for suggestive or creative names. Trademark names represent proper names (anthroponyms, toponyms), common names (lexemes), morphological creations, lexemes with spelling changes, phraseologies (polylexical sequences), logos and numerical indicators, a priori similar words, etc."
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Baker III, Thomas Alexander, Xindan Liu, Natasha T. Brison, and Nathan David Pifer. "Air Qiaodan." International Journal of Sports Marketing and Sponsorship 18, no. 1 (February 6, 2017): 95–105. http://dx.doi.org/10.1108/ijsms-05-2016-0009.
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Purpose For this study, the Jordan case provided the context for investigating Chinese trademark law with the purpose of answering how and why Jordan lost the legal rights to the Chinese version of his name in China. The results from that investigation were used to better explain the phenomena of transliteration and trademark squatting in relation to sport brands and athletes. The purpose of this paper is to formulate suggestions for protecting sport brands and athletes from trademark squatting in China. Design/methodology/approach The authors used traditional legal methodology to investigate the influence of transliteration on trademark squatting in China based on the real-life context provided by the facts in Jordan. First, all reported materials from Chinese courts on the Jordan case were collected and analyzed by the research team, which included an investigator who is fluent in Chinese. Second, the authors conducted a collection, review, and analysis of China’s trademark law, the international trademark law that controls court decisions in China, and the literature on trademark squatting in China. The results from the investigations were used to formulate a description of Jordan that details how the process of transliteration facilitates trademark squatting in China. Findings The findings revealed a loophole within the Chinese administration of trademark regulation through which trademark squatters use the process of transliteration to infringe on trademark rights belonging to senior, foreign brands. Furthermore, the findings lead us to suggest that sport brands are particularly vulnerable to this type of trademark squatting in China. In Jordan, Qiaodan Sports exploited the transliteration loophole to obtain trademark ownership of Qiaodan to the detriment of Brand Jordan and, to a lesser extent, Chinese consumers. Research limitations/implications This study contributes to the literature by conceptualizing a “transliteration loophole” that facilitates trademark squatting in China. Further, this is the first study to focus on how the concepts of transliteration and trademark squatting influence celebrity athletes and sport brands. Practical implications For foreign celebrity athletes and sport brands, the case should alert them of their vulnerability to trademark squatting of transliterations assigned to them by sport broadcasters or sport consumers in China. For instructors of sport law and sport marketing courses, the Jordan case provides teachable lessons on the value of trademark, the process of trademark squatting, and the process of transliteration and its relation to trademark squatting in China. Social implications Socially, studies in trademark squatting and Chinese trademark law are needed as China continues to expand its intellectual property regulations. The People’s Republic of China started regulating trademarks in the 1980s and since then, there have been three major modifications. Still, controversies exist in terms of trademark squatting of foreign brands and research is needed to better understand why this happens, and how it can be avoided. Originality/value The focus on sport as well as the suggestions offered for sport brands and celebrity athletes makes this study the first of its kind within the literature on trademark squatting in China. The importance and impact of the Jordan case is one that attracts attention and should result in significant impact in the literature and practical impact for the field.
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Nabila Rizadian1, Allysa Faras, Leo Danuarta, Merianty Merianty, Rian Rahmattulloh, and Shadan Aryansyah Putra. "URGENSI MENDAFTARKAN MEREK SUATU PRODUK DALAM USAHA ATAU BISNIS." PROSIDING SERINA 1, no. 1 (December 30, 2021): 2035–44. http://dx.doi.org/10.24912/pserina.v1i1.18079.
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Intellectual Property Rights is something that is protected by law. This mark has been regulated in Law Number 15 of 2001 concerning Trademarks, the owner of the mark will obtain legal protection for his trademark after registering the trademark with the Directorate General of Intellectual Property Rights. Violation of a registered mark will give rise to the rights of the owner of the registered brand name. One example is the use of the name "Bensu" as a trademark, Ruben Onsu sued PT I Am Geprek Benny Sujono for using the word "Bensu" in his trademark.This study aims to determine the importance of registering the brand name of the product to be cultivated, and to understand the extent of protection that can be provided by the Trademark Law that has been registered in Indonesia, and to inform about the legal consequences of violating the Trademark Law. The research method used is normative legal research conducted by collecting primary data and secondary data. Data analysis in this study used qualitative data analysis methods.The results showed that the judges did not see the term "Bensu" as an abbreviation of the name of a famous person. All data has been checked and finally it was found that the name "Bensu" was recorded and recorded by I Am Geprek Bensu by PT I Am Geprek Bensu Benny Sujono on 3 May 2017, while Ruben Onsu registered his trademark name on 7 June 2018. In the end the award decision is the brand "Geprek Bensu" Ruben Onsu as a whole. Hak Kekayaan Intelektual adalah suatu hal yang dilindungi oleh hukum. Perlindungan atas merek ini sudah diatur dalam Undang-Undang Nomor 15 Tahun 2001 Tentang Merek Dagang, Pemilik merek akan memperoleh perlindungan hukum untuk merek dagangnya setelah mendaftarkan merek dagang yang dimilikinya kepada Direktorat Jenderal Hak Kekayaan Intelektual. Pelanggaran atas merek yang sudah terdaftar akan menimbulkan tuntutan hak dari pemilik nama merek yang didaftarkan. Salah satu contoh kasus yakni pemakaian nama “Bensu” sebagai merek dagang, Ruben Onsu menggugat PT I Am Geprek Benny Sujono karena menggunakan kata “Bensu” di merek dagangnya.Penelitian ini bertujuan untuk mengetahui sebagaimana pentingnya untuk mendaftarkan nama merek produk yang akan diusahakan, dan memahami sejauh mana perlindungan yang dapat diberikan oleh Undang-Undang Merek terhadap merek-merek yang telah terdaftar di Indonesia, dan memberitahu mengenai akibat hukum apa saja yang ditimbulkan dari pelanggaran Undang-Undang Merek. Metode Penelitian yang digunakan adalah penelitian hukum normatif yang dilakukan dengan pengumpulan data-data primer dan data-data sekunder. Analisis data dalam penelitian ini menggunakan metode analisis data kualitatif. Hasil penelitian menunjukkan penggunaan merek dagang “Bensu” hakim tidak melihat sebutan “Bensu” sebagai singkatan nama dari orang terkenal. Pada persidangan semua data ditinjau dan akhirnya menemukan bahwa nama dari “Bensu” sudah terdaftar dan didaftarkan dengan I Am Geprek Bensu oleh PT I Am Geprek Bensu Benny Sujono pada 3 Mei 2017, sedangkan Ruben Onsu mendaftarkan nama merek dagangnya pada 7 Juni 2018. Pada akhirnya putusan pengadilan adalah membatalkan merek “Geprek Bensu” Ruben Onsu secara keseluruhan.
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Diah Madusari, Benny, Arum Ardianingsih, and Dwi Edi Wibowo. "Literasi Aspek Pemasaran pada UKM “Nabil Collection”." Jurnal SOLMA 10, no. 3 (December 31, 2021): 486–93. http://dx.doi.org/10.22236/solma.v10i3.7697.
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Background: “Nabil Collection” are SMEs affected by restrictions on activities outside the home. SME “Nabil Collection” has been selling its shirt products conventionally so that when there is a policy of limiting activities outside the home, the sales of their products decrease. This literacy is carried out so that the SME “Nabil Collection” has the ability to do product packaging, the importance of trademarks and choose the right marketing media according to the product market target. Method: Literacy for SME owners “Nabil Collection” by providing modules on the marketing aspects of shirt products. Result: increased knowledge of “Nabil Collection” SME owners about product packaging, trademarks and online marketing media with social media. Conclusions: This literacy aspect of marketing increases the knowledge of “Nabil Collection” SME owners knowing more creative product packaging, realizing the importance of trademarks, more competitive shirt product prices and trying alternative social media-based marketing media to increase product sales during the time of restrictions on activities outside the home.
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Cakrawibawa, Ryan Adhyatma, and Kholis Roisah. "THE CONSUMER PROTECTION ISSUES TOWARD THE TRADEMARK CIRCULATION OF THE COUNTERFEIT HEALTH PRODUCTS." LAW REFORM 15, no. 1 (May 27, 2019): 1. http://dx.doi.org/10.14710/lr.v15i1.23371.
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This research purpose is to analyze the consumer legal protection efforts and reviewing obstacle factor of implementation of consumer protection related to the trademark circulation of the counterfeit health products in Central Java. This research carried out is a empirical research.. The collecting data used are library research and field studies. The results of this study indicate that There so many parties that involved to handle this case in regard with The Consumer legal protection related to the trademark circulation of health product including, Drug and Food Inspection Agency, Health Office, Industry and Trade Office, and Central Java Special Criminal Review of the Central Java Regional Police. The counterfeiting trademark and health products will be handled by the Commercial Court and Drug and Food Inspection Agency. The criminal legal protection by giving penalties to people who have committed crimes and trademark violations. The factors inhibiting the implementation of the consumer legal protection related to the trademark circulation of health product in Central Java: the lack of the public awareness toward the counterfeit trademark of health product and the lack of the public awareness to report the existence of counterfeit drugs to the authorities.
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Martin, Michael. "Reaching the next Edison: Marketing your patent and trademark collection." College & Research Libraries News 66, no. 5 (May 1, 2005): 371–72. http://dx.doi.org/10.5860/crln.66.5.7443.
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Delfiyanti, Delfiyanti. "Implementation of Economic Rights Principles on Trademark In Trading of Product in The Pandemic Covid-19 Era." SASI 27, no. 4 (November 27, 2021): 409. http://dx.doi.org/10.47268/sasi.v27i4.680.
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In accompany with the tight trading competition, it is imply that trademark plays significant role to known as the special product in common and had the power and useful when it managed in appropriate. Trademark is not just the word related to the product or collection only but the process and business strategy. Therefore, trademark have a value and equity. Thus equity becomes important as the value to be a benchmark of product in the marketplace. However, the pandemic of Covid-19 that struck since beginning of 2020 had an enormous impact to the whole states in the world including Indonesia. The pandemic was bring worst influences to the economic and trading. The deadly disease automatically was paralyze an economy and trading. It is caused by restriction of people to drive and influences the product movement. Temporarily, export-import activities delayed as restriction of transportation entry among the states. Finally, Indonesia forced close for in and out flight of territory. The situation influence to the implementation of Economic Right of trademark right attach to the import and export products in Indonesia.
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Na, Myung-Sun, and Inchae Park. "Analysis of Trademark Information for Use of Business Intelligence: Based on Goods and Services Information." Journal of Computational and Theoretical Nanoscience 18, no. 5 (May 1, 2021): 1518–24. http://dx.doi.org/10.1166/jctn.2021.9594.
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In the era of the 4th industrial revolution, there is a growing interest in deriving management insights through the use of data such as big data and business intelligence. In addition, as the importance of intellectual property increases, interest in intellectual property information is increasing. In particular, cases and related studies using patent information as a material for business intelligence are increasing, but the use of trademark data is relatively poor. Among the trademark data, goods and services information represents a business activity area of a company. This study uses this to check the business activity status of a company to find out whether the trademark data can be used as a material for business intelligence. About 200,000 trademark applications are filed every year, and about 3.6 million trademark data are currently accumulated. By collecting the trademark data accumulated in the Korea Intellectual Property Office (KIPO) and checking the business activities of the company through Goods and Services information among them, we analyzed whether the trademark data can be used as a material for business intelligence. In particular, as of 2016, when the 4th Industrial Revolution was introduced, the trademark data for 3 years before 2016 and 3 years after 2016 were compared and analyzed. First, I checked if there was a change in the number of trademark applications. Second, through frequency analysis through Excel, changes in business areas and new establishments were analyzed through the increase or decrease of similar group codes that classified the same and similar products, and then visualized through Power Bi. Third, it was verified whether there is a relationship between the newly designated similar group code and corporate activities through internet news and market information. As a result of the analysis, first, it was found that all trademark applications of the target companies increased. The increase in the number of trademark applications means an increase in the Goods and Services that a company actually sells in the business community. Second, as a result of analyzing product changes in the three years before 2016 and three years after 2016, all similar group codes of target companies increased, and the increase in products related to the 4th Industrial Revolution was also remarkable. Finally, as a result of the analysis of the newly designated similar group code, it was found to be in line with the future business strategy of the target company learned through news or market information. As a result of the analysis, it was confirmed that trademark data can be used as a material for business intelligence as big data. Trademark data can be applied not only as products currently in business, but also as products to be used in the future, so it is expected that current and future business trends can be identified and reflected in management strategies.
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Shtefan, Olena. "Judicial protection of trademarks in Italy." Theory and Practice of Intellectual Property, no. 4 (October 19, 2022): 67–78. http://dx.doi.org/10.33731/42022.265864.
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Keywords: trademark, civil litigation, judicial examination, judicial expert, court order, legal proceedings, piracy, counterfeiting
The article analyses the system of judicial protection of trademark rights on the example of Italy. The main focus is on the judicial procedures provided for by the Italian civil procedural law in the event of an appeal to the court for the protection of the rights of interested persons. Jurisdiction for consideration of cases related to the protection of trademark rights, as well as cases related to unfair competition, is defined. The examination is also carried out by specialized chambers of intellectual property in general courts that consider civil and criminal cases (first and second instance). The legislation distinguishes between two types of legal grounds for lawsuits: violation of the rights of the plaintiff (owner of the trademark certificate)and recognition of the trademark certificate as invalid. The types of decisions that can be made by the court are analysed. First, the court can decide on «descrizione», according to which the plaintiff, with the participation of a bailiff and an expert, can examine and draw up a detailed description of the goods and/or production methods that infringe his rights. The purpose of this procedure is to officially record the violation of the plaintiff's rights. Secondly, the court can may decide to impose a sequestration on the defendant's property. Sequestration is carried out by a bailiff. In some cases, the plaintiff may participate in order to correctly identify the goods subject to seizure. The court may decide on the application of sequestration in the presence of a real threat and the possibility of causing irreversible damage to the plaintiff.Thirdly, the court may issue a decision imposing a ban on the infringer's activities related to the production, distribution, marketing, promotion and sale of counterfeit goods. When deciding on the above-mentioned grounds, the court can provide for the collection of a certain monetary fine from the defendant.The conclusion is formulated that the system of judicial protection of the rights of trademark owners in Italy is characterized by a balance of interests between the owners of trademark certificates, state and public interests. The court that examines this category of cases takes a fairly balanced approach to the application of certain sanctions, considering all the specifics of intellectual property rights, the interests of business entities and the damage caused by violations.
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Juma’i, Juma’i, Anis Mashdurohatun, and Ahmad Rofiq. "Legal Analysis on the Use of Muhammadiyah Trademark on a Charity Business Marketing Based on Religious Justice." Scholars International Journal of Law, Crime and Justice 5, no. 12 (December 23, 2022): 548–53. http://dx.doi.org/10.36348/sijlcj.2022.v05i12.005.
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The purpose of this study was to Analyze The Use of Muhammadiyah Trademark on A Charity Business Marketing Based On Religious Justice. The research method used by the author is a normative-empirical research method. The data collection method used is library research, observation, interviews, and data analysis methods are using qualitative descriptive analysis. The results of this study shows that Religious Value in the Marketing of Muhammadiyah Charity Business Products are based on the belief in one and only God, meaning that everything that is done is in order to seek benefit and benefit, as is the case for example in Muhammadiyah education establishing many schools, madrasas, Islamic boarding schools and other orphanages solely because upholding religious values in which by building places to seek knowledge is a very noble glory and this, of course, are the result of the hard work of the Management of Muhammadiyah. An organization, whether it’s non profit or not need a trademark that shows their reputation and goodwill. Therefore The Use of Muhammadiyah Trademark on A Charity Business Marketing can be justified to be Based On Religious Justice as it is for the need for the Ummah itself.
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Luthfi, Muhammad Zaenal. "The Jurisdictional Implications on Default of the Parties to Trademark License Agreements Made before a Notary." Sultan Agung Notary Law Review 4, no. 2 (August 1, 2022): 594. http://dx.doi.org/10.30659/sanlar.4.2.594-602.
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This study aims to identify and analyze the juridical implications of the parties' default in the trademark license agreement made before a notary, to identify and analyze the legal remedies for the parties' default in the trademark license agreement made before a notary. The research approach method used in this thesis is a normative juridical legal research method. Specifications This study uses a description of the analysis. Sources of data come from primary data which includes Act No. 20 of 2016 concerning Brands and Geographical Indications, PP No. 36 of 2018 concerning the recording of IPR License Agreements, Act No. 2 of 2014 in conjunction with Act No. 30 of 2004 concerning the position of a Notary, as well as secondary data containing books and other supporting documents. Data collection methods include library research, Document Study. The data analysis method used in analyzing the data is qualitative analysis. The results of the study indicate that in a trademark license agreement made before a notary, it is obligatory to submit an application for registration to the Ministry of Law and Human Rights in order to obtain legal protection. However, if the license agreement is not registered, the license agreement is only binding on the parties who entered into the license agreement and in the event of a default, the license agreement can be canceled or null and void and has no impact on third parties. Legal remedies if there is a dispute in the trademark license agreement, namely by litigation and non-litigation.
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Stanley, Calvin, Antonius Jingga, Cyntia Fadhillah, and Suhaila Zulkifli. "PEMBATALAN HAK MEREK DAGANG TERDAFTAR BERDASARKAN UU NO. 20 TAHUN 2016 (STUDI PUTUSAN NO. 535 K/PDT.SUS-HKI/2018)." JURNAL RECTUM: Tinjauan Yuridis Penanganan Tindak Pidana 2, no. 2 (July 31, 2020): 154. http://dx.doi.org/10.46930/jurnalrectum.v2i2.672.
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Brand is a part of intellectual work that has a role to add and improve business both in the form of goods or in the trade and investment sector that needs to be supported. In Indonesia regulation about trademark regulated in UU No. 20 Tahun 2016 tentang Merek dan Indikasi Geografis. In this research, the authors discuss about the procedure for brand registration, as well as its requirements like formality checks, and substance that must be completed and after the examination completed, then continued in certification and announce on the brand. And as a result of the cancellation of a trademark that has rights in principle or whole with a trademark owned by another party conducted by PT PUSAKA IWAN TIRTA against PT IWAN TIRTA (Study of Decision No.535 K / Pdt.Sus-Hki / 2018). The research method used is Normative Juridical. The legal sources used are primary, secondary, and tertiary. The data collection method is by during a literature study. Data analysis is obtained qualitatively. In brand registration, there are several procedures such as formality checks, substantive checks, announcements, and certifications. There are 2 types of punishing set in the UU Merek dan Indikasi Geografis, namely civil and criminal penalties
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Susanto, Putu Chris, and Ni Made Eka Mahadewi. "Brand Name Distinctiveness of Star Hotels in Bali." Journal of Business on Hospitality and Tourism 1, no. 1 (December 28, 2015): 10. http://dx.doi.org/10.22334/jbhost.v1i1.8.
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A brand name is an important feature for a brand, serving as an identifier for a product and simultaneously attempting to shape consumers’ perception as a distinctive trademark. The present study explores branding in light of Peirce’s triadic model of signs in linguistics, using summary statistics and cross tabulation to empirically show trends in the choice of brand name and descriptor for 224 star hotels in Bali. The data shows that five trademark distinctiveness strategies are present in the core brand names of star hotels in Bali: generic, descriptive, suggestive, arbitrary, and fanciful—with arbitrary names being the most popular. Additionally, several trends are shown in regards to descriptors used in property names. The use of ‘Bali’ as a descriptor is still popular, while the use of descriptors ‘beach’ and ‘grand’ is declining. Using definite article ‘the’ as a descriptor is increasingly popular, as well as using descriptors ‘private’, ‘luxury’, and ‘collection’ to convey exclusivity and intimacy.
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Conceison, Claire. "China's Experimental Mainstream: The Badass Theatre of Meng Jinghui." TDR/The Drama Review 58, no. 1 (March 2014): 64–88. http://dx.doi.org/10.1162/dram_a_00328.
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Meng Jinghui has been the most important experimental theatre director in the People's Republic of China for the past two decades, with an increasingly global presence. The success and popularity of his productions challenge conventional notions of the avantgarde and persistent dichotomies of official vs. unofficial networks and discourses. His cool “badass” persona and aesthetic have become recognizable trademarks of his work, which includes adaptations of Western classics, collaborations with Chinese playwrights, and collective creations.
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Kapitsa, Y. "THE REFORM OF TRADE MARS PROTECTION IN THE EUROPEAN UNION AND IT’S IMPACT ON LEGISLATION OF UKRAINE." ACTUAL PROBLEMS OF INTERNATIONAL RELATIONS 1, no. 127 (2016): 80–86. http://dx.doi.org/10.17721/apmv.2016.127.1.80-86.
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The adoption of the EU in 2015 the Directive 2015/2436 and Regulation 2015/2424 resulted in significant changes for the protection of trade marks at the level of the Member States and the EU trade mark. These changes are the result of the policy of the entire approximation of Member States laws in all issues of trademarks, which differs from the harmonization of «minimum rights» and the EU approach to harmonization of legislation on other industrial property objects. Comparison of changes to EU legislation and legislation of Ukraine demonstrates the necessity of making a number of amendments to national legislation regarding registration of scent and other non- traditional marks; clarify the scope of protection of rights; grounds for refusal of registration; concluding license agreements, protection of collective marks etc. It is essential to provide the clarification of the procedure for registration of trademarks in Ukraine to ensure compliance with the registration procedure, established by the Directive 2015/2436.
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Galkin, D. G. "Collective intellectual property as a tool for the development of agro-industrial integration." IOP Conference Series: Earth and Environmental Science 981, no. 2 (February 1, 2022): 022065. http://dx.doi.org/10.1088/1755-1315/981/2/022065.
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Abstract The search for a balance of interaction between large and small agricultural production is relevant. The possibilities for the development of small-scale commodity production, its competitiveness in the conditions of industrialization, are rather associated with the coverage of a non-industrial market segment. Large agricultural organizations, being system integrators, can also become integrators of small forms of cooperation, since they have significant resource potential and management experience. At the same time, a special role in directing agricultural holdings and large agricultural organizations to integration with small commodity producers should be assigned to the state. The article presents recommendations for the development of agro-industrial integration based on collective intellectual property. It has been suggested that agreements in the field of intellectual property can become instruments for the development of agro-industrial integration. They will strengthen integration processes, create an additional stream of income, and ensure the protection of competitive advantages. The types and advantages of collective intellectual property are highlighted. A universal algorithm for registration and use of collective trademarks is proposed. The results make some contribution to the theory of the development of agro-industrial integration. General scientific methods of studying economic phenomena are used.
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Hasibuan, Puspa Melati, Zulfi Chairi, and Aflah Aflah. "IMPLEMENTATION OF LEGAL PROTECTION OF BRAND RIGHTS FOR MICRO, SMALL, AND MEDIUM ENTERPRISES (MSMES) ACCORDING TO LAW NUMBER 20 YEAR 2016 CONCERNING MARKS AND GEOGRAPHIC INDICATIONS." JHSS (JOURNAL OF HUMANITIES AND SOCIAL STUDIES) 6, no. 2 (June 9, 2022): 156–60. http://dx.doi.org/10.33751/jhss.v6i2.5400.
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The legal protection of MSME product brands is the same as legal protection for other brand rights holders regulated in the 2016 UUM. The aim of this journal is to find out the legal arrangements for trademark rights in Indonesia and to find out the Legal Protection for Micro, Small and Medium Enterprises (MSMEs) according to the Law Number 20 Year 2016 concerning Brands and Geographical Indications. The research method used in this journal is normative juridical research with legal material collection techniques using literature studies and legal material analysis using content analysis. The results of the study show that the legal regulation of trademark rights in Indonesia consists of the International Convention on Marks ratified by Indonesia and Law Number 20 Year 2016 concerning Marks and Geographical Indications. Meanwhile, regarding the application of legal protection for Micro, Small, and Medium Enterprises (MSMEs), the existence of Law Number 20 Year 2016 concerning Marks and Geographical Indications is expected to be one of the government's ways in protecting UMKM businesses through the intellectual property in the form of a brand. With brand recognition given to MSME business actors, large industries or business actors who does not have good intentions, cannot automatically take intellectual property belonging to MSME business actors because the ownership of registered marks is recognized and protected by the government.
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Le, Minh. "Fight for vaccine diplomacy in the global world of IPR and trademarks." Independent Journal of Management & Production 13, no. 4 (June 1, 2022): s584—s601. http://dx.doi.org/10.14807/ijmp.v13i4.2000.
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The article aims to shed to light on the topic of vaccine diplomacy and the role of IPR and trademarks in vaccine crisis. The research design is explanatory. The data collection methods and the data analysis methods have been discussed. The quantitative analysis has shown that the “regression model” was insignificant as the higher prices of the vaccines allowed the countries to enjoy the profit as the imposition of IPRs forces the poor countries to buy from the “developed countries”. The qualitative analysis tends to show the imposition of IPRs creates barriers for the less developed countries to have vaccines.
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Silveira, Cintia Helena Pereira, Aline Carolina Favoretto Cordeiro, Daniel Witchmichen Krukoski, Elisa Capa Bataglin, Dilgênio Tiburski Júnior, and Giulia Pereira Periolo. "Harmonização orofacial: vantagens e diferenças entre a Hidroxiapatita de Cálcio e o ácido Poli-L-láctico." Simmetria Orofacial Harmonizaton in Science 3, no. 11 (2022): 62–72. http://dx.doi.org/10.24077/2022;3113133.
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Biostimulators are substances that stimulate collagen production when injected into the skin, they can be used to restore volume in the long term and reduce sagging. Calcium Hydroxyapatite - CaHA is present in teeth and bones, it is a biocompatible product with high degree of safety due to the low inflammatory response verified by the smooth surface and regular size of the microparticles, presenting the advantage of being normally produced in the human body. Besides this, it provides volume replacement and collagen biostimulation, it is a biodegradable material, and it is naturally reabsorbed by the host’s metabolic processes, being able to immediately restore volume, in addition to filling and correcting specific creases and cavities. It is ideal for use in all areas of the face except the glabella, periorbital area and lips. Poly-L-lactic Acid (PLLA) is a semipermanent filler with results of approximately four years and it is also biodegradable. The general objective of this study is to analyze the advantages and differences between the CaHA better known by the trademark Diamond and Radiesse and the PLLA known by the trademark Elleva and Sculptra. For this we used qualitative research whose main method is the bibliographic study with literature review in books and articles on the subject. Data collection was carried out through websites (Google Academic and SciELO) with the following descriptors: Biostimulators, Calcium Hydroxyapatite, Poly-L-lactic and Collagen, having as inclusion criteria scientific articles that have analyzed the differences and similarities between CaHA and PLLA, besides the main products used in order to facilitate their choice in facial harmonization treatments. The exclusion criteria included articles repeated on both sites and articles with publication period prior to 2009. The results indicated that the Elleva product from the Rennova brand, which has PLLA as an active ingredient, presented more benefits in relation to its competitor brand the Sculptra.
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Setyaningsih, Sri. "Pengelolaan Kurikulum Program Studi Pendidikan Guru Sekolah Dasar Pada Perguruan Tinggi." Jurnal VARIDIKA 28, no. 2 (January 11, 2017): 197–212. http://dx.doi.org/10.23917/varidika.v28i2.3034.
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Generally, this study aimed to describe the curriculum management study program Elementary School Teacher in Higher Education. The specific objective of this study to describe the planning, implementation and evaluation of curriculum type of qualitative research based approach. The location or background of this research are two colleges in Hyderabad and one college in Surakarta. The data source is a research university leaders, faculty, and students of Elementary School Teacher research site. Data collection techniques, participant observation, in-depth interviews and document study. The results of the research, curriculum management organization of Primary School Teacher Education, related to the planning, implementation, and evaluation. Curriculum planning Elementary School Teacher each college has a trademark in accordance with the vision and mission. Implementation of the curriculum with regard Kridit Semester System load varies at each college. Evaluation of the curriculum is based on the potential and dynamics of each perguruang high.
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Kelly, Thomas F., Tye T. Gribb, Jesse D. Olson, Richard L. Martens, Jeffrey D. Shepard, Scott A. Wiener, Thomas C. Kunicki, et al. "First Data from a Commercial Local Electrode Atom Probe (LEAP)." Microscopy and Microanalysis 10, no. 3 (June 2004): 373–83. http://dx.doi.org/10.1017/s1431927604040565.
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The first dedicated local electrode atom probes (LEAP [a trademark of Imago Scientific Instruments Corporation]) have been built and tested as commercial prototypes. Several key performance parameters have been markedly improved relative to conventional three-dimensional atom probe (3DAP) designs. The Imago LEAP can operate at a sustained data collection rate of 1 million atoms/minute. This is some 600 times faster than the next fastest atom probe and large images can be collected in less than 1 h that otherwise would take many days. The field of view of the Imago LEAP is about 40 times larger than conventional 3DAPs. This makes it possible to analyze regions that are about 100 nm diameter by 100 nm deep containing on the order of 50 to 100 million atoms with this instrument. Several example applications that illustrate the advantages of the LEAP for materials analysis are presented.
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Mawarni, Ega. "Peramalan Stok Semen di Gudang PT.Cemindo Gemilang Kuala Tanjung dengan WMA Method." JATISI (Jurnal Teknik Informatika dan Sistem Informasi) 9, no. 3 (September 13, 2022): 1988–99. http://dx.doi.org/10.35957/jatisi.v9i3.2218.
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PT Cemindo Gemilang is a company engaged in the distribution of cement, which is given the trademark Semen Merah Putih. Offices with cement collection warehouses have separate locations, one of which is located in Kuala Tanjung. Problems faced by PT. Warehouse. Cemindo Gemilang Kuala Tanjung is difficult to determine the cement that must be available for the next month. If inventory exceeds customer demand, storage costs will increase. The risk is that cement stored for too long will become hard so that it cannot be resold. Controlling inventory so that it is neither too much nor too little is very important. To maintain the continuity of the company, a cement inventory strategy is needed, namely by forecasting inventories in order to minimize the chance of losses. To be more efficient, the author designed a forecasting system using Visual Basic and MySQL database. The conclusion from the test results is that the forecasting accuracy value is 82% so that it can help PT. Cemindo Gemilang Kuala Tanjung Warehouse in making decisions in estimating cement supplies for the next period.
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Zhang, Hui Eva, Kok Hoe Wong, and Victor Chang. "Patent Analysis in the 5G Network." Journal of Global Information Management 29, no. 6 (November 2021): 1–28. http://dx.doi.org/10.4018/jgim.20211101.oa28.
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In recent years, 5G has been the focus of research and development in the telecom industry. This paper aims to understand the development trend and technical hot spots of 5G technology through the patent analysis and build a citation network at the assignee organization level. The workflow of the paper is divided into four steps: patent data collection and cleaning, patent overview analysis, network creation and analysis, O-I index analysis. This article collected the patent data from the United States patent and trademark office (USPTO). We understand the application trend, technical hot spots, and leading players in the 5G domain through the patent overview analysis. We comprehend the structure and characteristics of the network and critical nodes from network topology analysis. By using O-I index analysis, we learn the flow of 5G technology knowledge between the organizations. This paper provides a useful analytical model for the patent analysis and technological knowledge flow in a specific field, which can be applied to patent analysis in other fields.
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Kurniasih, Selpina, and Yeni Sulistiawati. "Brief Overview of Antibiotic Sales as Prescription Drug in Marketplace." Proceedings of The International Halal Science and Technology Conference 15, no. 1 (December 8, 2022): 24–31. http://dx.doi.org/10.31098/ihsatec.v15i1.591.
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As an online trading platform, marketplace offers a wide range of pharmaceutical products that can be accessed easily and quickly. In fact, it is easy to find some prescription drugs, such as antibiotics in marketplace even without a doctor's prescription. This study aims to describe antibiotic sale as prescription drugs through the marketplace in 2022. This study used a descriptive approach that was carried out prospectively using observation sheets with a technique of total sampling data collection in June 2022. The results showed that there were countless numbers of antibiotic sales as prescription drugs through the marketplace, including the antibiotic class of tetracycline, penicillin, quinolones, cephalosporins, aminoglycosides and other groups. The dosage of drugs sold in the marketplace was provided in the forms of solutions, powders, tablets, capsules, injections, and ointments. The type of antibiotic that is most widely sold is pharmaceutical product with a trademark. All accounts that sell antibiotics in the marketplace are illegal accounts that do not have an official license to sell prescription drug products.
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von Lewinski, Silke. "Intellectual property protection of folklore." Focaal 2004, no. 44 (December 1, 2004): 35–47. http://dx.doi.org/10.3167/092012904782311272.
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The possible protection of indigenous cultural expressions has reemerged as a topic in international debates in recent years. This article provides a legal perspective on the topic. Existing copyright and neighboring right laws do not apply to such cultural expressions per se, since they do not fulfill the relevant criteria of protection. However, indirect protection is granted to those who record indigenous expressions onto phonograms, films, and photographs, and for those who collect or perform indigenous cultural expressions. Protection concerning authenticity is possible by way of trademarks (in particular collective marks and certification marks) and geographical indications. Particular rules about unfair competition may protect against the disclosure of confidential information. Works based on traditional cultural expressions are regularly protected by copyright. Following early (unsuccessful) attempts for international protection of traditional cultural expressions per se, new ways are currently being developed including sui generis protection regimes which integrate customary laws and practices. Any successful solution will have to be based on better mutual interest and understanding between indigenous peoples and Western users.
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Koroleva, A. G. "Responsibility for Infringement of Exclusive Rights to Cumulatively Protected Results of Intellectual Activity." Actual Problems of Russian Law 17, no. 11 (October 12, 2022): 59–66. http://dx.doi.org/10.17803/1994-1471.2022.144.11.059-066.
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The paper analyzes the problems of multiplication of responsibility for infringing exclusive rights to the results of intellectual activity protected under several legal regimes. Special attention is paid to the issues of collecting compensation for the violation of exclusive rights to design solutions that can be treated as copyrighted works, industrial designs, trademarks. The author examines the stances developed by the domestic doctrine and law enforcement practice, as well as foreign approaches to solving the problem of multiplication of responsibility for violation of rights to cumulatively protected results of creative work. It is noted that in Russian practice, the prevailing approach is that the exclusive right to each ideal object is subject to independent protection. It is concluded that it is necessary to introduce the rule concerning priority of the exclusive right over an industrial design in the context of protection of rights to designs