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Journal articles on the topic 'Intellectual property rights'
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Pandey, Shivam Kumar. "Economics of Intellectual Property Rights." International Journal of Research Publication and Reviews 4, no. 4 (April 23, 2023): 4230–35. http://dx.doi.org/10.55248/gengpi.4.423.37708.
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Bijle, Mohammed Nadeem. "Intellectual Property Rights." Journal of Contemporary Dental Practice 14, no. 1 (2013): 0. http://dx.doi.org/10.5005/jcdp-14-1-i.
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GARMON, CECILE W. "Intellectual Property Rights." American Behavioral Scientist 45, no. 7 (March 2002): 1145–58. http://dx.doi.org/10.1177/0002764202045007008.
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Oberrecht, Gabriella. "Intellectual Property Rights." International Information & Library Review 29, no. 2 (June 1997): 215–25. http://dx.doi.org/10.1080/10572317.1997.10762430.
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Edgington, Thomas S. "Intellectual Property Rights." FASEB Journal 8, no. 12 (September 1994): 901. http://dx.doi.org/10.1096/fasebj.8.12.8088455.
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Chaudhry, Peggy E., and Michael G. Walsh. "Intellectual property rights." Columbia Journal of World Business 30, no. 2 (June 1995): 80–92. http://dx.doi.org/10.1016/0022-5428(95)90027-6.
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Spinello, Richard A. "Intellectual property rights." Library Hi Tech 25, no. 1 (March 13, 2007): 12–22. http://dx.doi.org/10.1108/07378830710735821.
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Kasi;, V. S. "Intellectual Property Rights." Science 288, no. 5469 (May 19, 2000): 1173c—1174. http://dx.doi.org/10.1126/science.288.5469.1173c.
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Toppen, David L., Barbara Morgan, Don McIsaac, Martin Ringle, and Richard Giardina. "Intellectual property rights." ACM SIGUCCS Newsletter 16, no. 3 (September 1986): 17–27. http://dx.doi.org/10.1145/382155.382981.
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Hauptman, Gunter. "INTELLECTUAL PROPERTY RIGHTS." International Marketing Review 4, no. 1 (January 1987): 61–64. http://dx.doi.org/10.1108/eb008324.
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Salgar, Jyoti B., Sanjay K. Bais, and Shraddha Somnath Vathare. "Intellectual Property Rights." BOHR Journal of Pharmaceutical Studies 1, no. 1 (2023): 13–20. http://dx.doi.org/10.54646/bjops.002.
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Healthcare is one industry where intellectual property (IP) is a valuable resource. The creation of medications to meet medical requirements and the discovery of new therapies necessitate the preservation of inventions. Protection of scientific and technological advancements inspires researchers and the business community to develop new and improved treatments and medications, extending and improving people’s lives. Healthcare businesses may recoup their investments and continue to invest in fresh research because of IP protection. IP has raised the bar for medical and health research, and it will keep finding solutions to today’s unmet demands. As it supports the financing scheme for R&D, IP is a crucial cornerstone of our healthcare system. This article discusses that in a variety of industries, including the healthcare industry, IP is a valuable asset. It is imperative to safeguard ideas and discoveries to find new cures and create drugs to meet medical needs. Protection of scientific and technological advancements motivates researchers and the business community to discover new and improved treatment options and medications, thereby enabling people to live longer and better lives [1].
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B. Salgar, Jyoti, Sanjay K. Bais, and Shraddha Somnath Vathare. "Intellectual Property Rights." BOHR International Journal of Pharmaceutical Studies 1, no. 1 (2023): 13–20. http://dx.doi.org/10.54646/bijops.002.
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Healthcare is one industry where intellectual property (IP) is a valuable resource. The creation of medications to meet medical requirements and the discovery of new therapies necessitate the preservation of inventions. Protection of scientific and technological advancements inspires researchers and the business community to develop new and improved treatments and medications, extending and improving people’s lives. Healthcare businesses may recoup their investments and continue to invest in fresh research because of IP protection. IP has raised the bar for medical and health research, and it will keep finding solutions to today’s unmet demands. As it supports the financing scheme for R&D, IP is a crucial cornerstone of our healthcare system. This article discusses that in a variety of industries, including the healthcare industry, IP is a valuable asset. It is imperative to safeguard ideas and discoveries to find new cures and create drugs to meet medical needs. Protection of scientific and technological advancements motivates researchers and the business community to discover new and improved treatment options and medications, thereby enabling people to live longer and better lives [1].
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Rights, Intellectual Property, Jyoti B. Salgar, and Sanjay K. Bais. "Intellectual Property Rights." BOHR Journal of Pharmaceutical Studies 1, no. 1 (2023): 13–20. http://dx.doi.org/10.54646/bjops.2023.02.
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Healthcare is one industry where intellectual property (IP) is a valuable resource. The creation of medications to meet medical requirements and the discovery of new therapies necessitate the preservation of inventions. Protection of scientific and technological advancements inspires researchers and the business community to develop new and improved treatments and medications, extending and improving people’s lives. Healthcare businesses may recoup their investments and continue to invest in fresh research because of IP protection. IP has raised the bar for medical and health research, and it will keep finding solutions to today’s unmet demands. As it supports the financing scheme for R&D, IP is a crucial cornerstone of our healthcare system. This article discusses that in a variety of industries, including the healthcare industry, IP is a valuable asset. It is imperative to safeguard ideas and discoveries to find new cures and create drugs to meet medical needs. Protection of scientific and technological advancements motivates researchers and the business community to discover new and improved treatment options and medications, thereby enabling people to live longer and better lives [1].
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Tripathy, Ms Sanskriti, Shankar Das, Dharmendra Pratap Singh, Bipin Jojo, Rakesh Dwivedi, D. R. Sahu, Byomakesh Tripathy, Mohini Gautam, Mrs Anjali Tripathy, and Tridibesh Tripathy. "Intellectual Property Rights." Scholars Journal of Engineering and Technology 12, no. 05 (May 8, 2024): 166–68. http://dx.doi.org/10.36347/sjet.2024.v12i05.003.
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In this current rapidly evolving technological era, the fear and threat of theft, fraud and infringement looms large in the virtual Diasporas. The creativity of an inventor/creator is dependent on the originality quotient of his or her work. Greater the uniqueness greater is the value of the work. Hence, the need of protection arises. Intellectual Property Rights are the particular ‘protection’ that is provided by the law to all the inventors and creators for their work. These rights are of various types that specifically protect different categories of creative expressions ad inventions. Enhanced discussion has been done in the current work to trace the history, mechanisms, impact and loopholes in the existing system of law with respect to IPR. It tries to understand the need of developing such a system and also how the laws have evolved to cater efficiently to the public. Major departments and organisations have been mentioned herethat govern the entire system. Loopholes exist in this system of law but it helps to maintain the dignity and respect of each person working to put forward ideas that can help shape the future.
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Lianos, Ioannis. "Competition Law and Intellectual Property Rights: Is the Property Rights’ Approach Right?" Cambridge Yearbook of European Legal Studies 8 (2006): 153–86. http://dx.doi.org/10.5235/152888712802731160.
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The intersection between competition law and intellectual property has been a contentious issue since the very beginnings of European Communities (EC) competition law. Both intellectual property and competition law pursue the aim of enhancing economic welfare and innovation, but their direct objectives seem to be in conflict. Whereas intellectual property focuses on the reward of inventive effort and the inventor’s incentives to innovate by conferring an exclusive right on the use of the invention, competition law emphasises the dissemination of innovation by ensuring diffusion and access.
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Lianos, Ioannis. "Competition Law and Intellectual Property Rights: Is the Property Rights’ Approach Right?" Cambridge Yearbook of European Legal Studies 8 (2006): 153–86. http://dx.doi.org/10.1017/s1528887000004705.
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The intersection between competition law and intellectual property has been a contentious issue since the very beginnings of European Communities (EC) competition law. Both intellectual property and competition law pursue the aim of enhancing economic welfare and innovation, but their direct objectives seem to be in conflict. Whereas intellectual property focuses on the reward of inventive effort and the inventor’s incentives to innovate by conferring an exclusive right on the use of the invention, competition law emphasises the dissemination of innovation by ensuring diffusion and access.
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Zhu, Lin. "The Theoretical Logic of the Construction of Sports Intellectual Property System." BCP Business & Management 29 (October 12, 2022): 543–49. http://dx.doi.org/10.54691/bcpbm.v29i.2321.
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Aiming to break through the narrow, broad and general understanding of sports intellectual property rights, this paper adopts interdisciplinary methodology to analyze and summarize the concept, attributes and categories of sports intellectual property rights, and explore the theoretical logic of the construction of sports intellectual property rights system. In terms of concept definition, it deeply analyzes the right attributes of sports intellectual property rights, and forms three types of rights: ontological sports intellectual property rights, necessary sports intellectual property rights and related sports intellectual property rights; in the formation mechanism, it puts forward that the construction of right system of sports intellectual property should follow the basic principles of comprehensiveness, systematization and openness; In terms of right relationship, it points out that the ontological sports intellectual property rights comes from sports itself, and the object of rights is irreplaceable. The necessity of sports intellectual property rights and sports is a direct relationship, and the object of rights is indispensable. Related sports intellectual property rights and sports are indirect relations, the object of rights has a supporting role，and the subjects of rights have mutual benefits.
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Ibrahimi, MSc Shpresa. "Intellectual property." ILIRIA International Review 2, no. 1 (June 30, 2012): 202. http://dx.doi.org/10.21113/iir.v2i1.171.
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Montenue, a distinct French scholar of intellectual property, has suggested that IP is a “tool which surprisingly helps a lot”, and this definition on science, arts, culture, since the 16th century. Now, what would be the definition of intellectual property for the 21st century? Apparently not a “strange” tool, but a necessary tool, primary for enriching human knowledge, and for the new world order, especially in the global market sphere.Intellectual property is an integral part of international trade, and its importance keeps increasing, since effective use of knowledge is increasingly influencing the economic prosperity of peoples. One may say that there is little originality in the creative sphere. Naturally, this originality can only be reflected by individuality and human identity in intellectual creativityThe author rights in the Kosovo legislation is a novelty, a necessity of developing a creative environment in the fields of science, arts and industrial property. First and foremost, the individual benefit, which is secured by the author as the creator of the work, is a moral and material right. Secondly, there is a need for harmonization, not only of values for the creator, but also for the development of science, culture, increased competitive advantage, and the public sphere, as a benefit for the public health and security, and the fiscal policy. The deficiency one must record is with the Office for Copy Rights, which is to play a strong role in implementing and protecting copy rights and other related rights by licensing collective management agencies, imposing administrative fines, awareness raising, provision of information, and other capacity building and educative measures. Naturally, the enactment of good legislation is a system without any meaning or sense if not associated with the court practice. Any establishment of a legal system not pursued with enforcement mechanisms remains only in legal frameworks.
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CHOMAKHASHVILI, О. SH. "MINOR’S INTELLECTUAL PROPERTY RIGHTS." Scientific Journal of Public and Private Law 1, no. 4 (2019): 143–47. http://dx.doi.org/10.32844/2618-1258.2019.4-1.24.
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Lu, Louis Y. Y. "Protecting Intellectual Property Rights." Research-Technology Management 50, no. 2 (March 2007): 51–56. http://dx.doi.org/10.1080/08956308.2007.11657430.
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Walker, Jacqui, and Andrew Sharpe. "INTELLECTUAL PROPERTY — RIGHTS MANAGEMENT." Computer Law & Security Review 18, no. 4 (July 2002): 259–63. http://dx.doi.org/10.1016/s0267-3649(02)00706-9.
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Yook, Soyoung. "Intellectual Property Rights and Human Rights." Northeast Asian law journal 10, no. 3 (January 31, 2017): 835–62. http://dx.doi.org/10.19035/nal.2017.10.3.30.
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Shumilo, Inesa Anatoliivna, Zoria Zhuravlova, Serafyma Henadiivna Hasparian, and Vasyl Valeriiovych Franchuk. "Addressing the experience of Intellectual Property Right Legal Support and it's necessity of recognition in Ukraine." Revista do Curso de Direito do UNIFOR 12, no. 1 (April 22, 2021): 190–203. http://dx.doi.org/10.24862/rcdu.v12i1.1442.
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Considering and researching the content and essence of the main issues of this article through the prism of the current state of affairs in the domestic and global legal field, it is stated that such a legal phenomenon as intellectual property law is constantly increasing the importance and presence in jurisprudence and everyday life. Examples of the most successful experience of developed and democratic foreign countries in the field of legal support of intellectual property rights are considered. The potential of future introduction of one or another successful foreign example or the approach on which it is based into the Ukrainian social and legal realities is analyzed. The author's definitions of the concepts "intellectual property", "intellectual property right" and "enforcement of intellectual property rights" are offered. Emphasis is placed on the fact that in order to properly ensure intellectual property rights in Ukraine, it is first necessary to create and implement clear and effective legal regulation in this area. It is emphasized that not all methods and means of ensuring intellectual property rights, which have demonstrated success in certain countries, will be suitable for use in Ukraine. Therefore, the main focus of this article was not only to highlight successful examples of the functioning of intellectual property rights in developed countries, but also to select those that could be successfully adopted in the domestic legal field.
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Oksana Korotiuk. "FEATURES AND SOCIO-ECONOMIC COMPONENTS OF THE CONCEPTS “INTELLECTUAL PROPERTY” AND “RIGHT OF INTELLECTUAL PROPERTY”." European Cooperation 2, no. 42 (April 30, 2019): 99–116. http://dx.doi.org/10.32070/ec.v2i42.57.
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The article is devoted to the content of the concepts "intellectual property" and "right of intellectual property", as well as to the possibility to use them as equivalent concepts. The author considers the features of a broad understanding of the intellectual property concept, in which it is revealed as a complex set of social relations arising at all levels of public life. According to this approach intellectual relations are only one type of the varieties of intellectual property relations, the totality of which only occasionally acts as the subject of legal regulation. Taking into account the above facts, the difference between the meaning of the concepts "intellectual property" (in the sense of this concept as a social relation) and "intellectual property right" is reflected in the content of the structural elements of the relations that denote these concepts: 1) Subjects of intellectual property rights are determined on the basis of compliance with certain legal requirements regarding legal personality, as well as the acquisition of subjective legal rights and obligations, which are provided to them by legal norms (by using their legal personality); the subjects of intellectual property become participants of social relations of different levels, including those, which are outside the legal regulation. Such interactions may be related to realization of creative abilities of a person, mental activity, etc.; 2) In the centre of understanding of the concept "object of intellectual property rights" is the content of intellectual property rights as a totality of personal non-property and property rights. The defining aspect of legal protection is the right to the created object of intellectual property rights. At the same time the object of intellectual property is a value in socio-philosophical sense that satisfies the social, economic, cultural, mental and other needs and interests of people. In this sense, an object by its nature is a blessing for a person; 3) Social connections between the subjects of intellectual relations are revealed through corresponding rights and obligations of the participants of these relations; in the relations of intellectual property social relations manifest themselves as interaction between people in different spheres of social life, based on the corresponding social statuses and roles, in which individuals carry out creative activity, realize their mental and cultural needs, etc. Understanding the concept "intellectual property" as identical with the concept “intellectual property right” is based on a normative approach. This approach shows that the concepts of “intellectual property” and “intellectual property right” have the same sense in the legislation and can denote both objects of intellectual property right and rights to such objects.
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Zolota, L. V., and O. V. Ulizko. "Protection of Intellectual Property Rights by Customs Aythorities." Legal horizons, no. 22 (2020): 43–46. http://dx.doi.org/10.21272/legalhorizons.2020.i22.p43.
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The article deals with the issue of protection of intellectual property rights by customs authorities. The current problems of infringement of intellectual property rights during moving across the customs border of Ukraine are considered, in particular: transportation of counterfeit products, which includes goods that are subject to infringement of intellectual property rights to the trademark and goods that are the subject of infringement of intellectual property rights to a geographical indication in Ukraine and pirated products, which includes goods that are the subject of infringement of copyright and / or related rights or intellectual property rights to a registered industrial design in Ukraine and which are or contain copies made without the consent of the copyright and related rights or intellectual property rights to the industrial design or a person authorized by such right holder in the country of production, as well as moving across the customs border of small consignments of goods with violation of customs legislation and introduction of simplified procedure for destruction of such goods. The article also analyzes issues of novelty of the Ukrainian legislation – “original goods”, that is, those that were made with the consent of the right holder, as a basis for the existence of the international principle of exhaustion of intellectual property rights. It has been established that national legislation does not sufficiently protect intellectual property rights and that Ukraine remains one of the four points of transit and transit of counterfeit goods to the European Union. The mechanism of regulation of compensation of costs in connection with storage of goods suspected of violation of intellectual property rights after all, the owner of the rights has the opportunity to demand compensation for these costs from the owner of goods that violate his intellectual property rights, as well as the destruction of such goods by the owner of intellectual property rights. Key words: intellectual property rights, customs border, promotion of protection of intellectual property rights, procedure for destruction of goods, counterfeit goods.
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Tahir, Muhammad, Li Lu Gen, Majid Ali, and Muhammad Asif. "A Comparative Analysis on the Protection of Property Rights and the Intellectual Property Rights: a Pak-Chinese Legal Perspective." International Journal of Law and Politics Studies 4, no. 1 (June 13, 2022): 59–64. http://dx.doi.org/10.32996/ijlps.2022.4.1.8.
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Intellectual property rights (IPRs) always drive invention and creativeness. It also creates new employment and makes you more competitive. Intellectual property rights protect and benefit the work of writers, artists, designers, discoverers, and other IPR users while they are being used by others. Intellectual property rights (IPRs) help protect ideas and creative works developed by inventors, designers, developers, and writers. After all, protecting intellectual property is one of the major challenges for both developed and developing nations. There are numerous international laws that protect intellectual property. International law employs several guidelines and recommendations to confirm the protection of intellectual property. In addition, most countries have intellectual property laws. Maximum countries have their own legislative powers to protect their intellectual property rights. But if not done properly, all these international and domestic intellectual property laws will be valueless. The legal system that China and Pakistan follow to protect their intellectual property is very similar to the legal system of developed countries but also has some main variances. This research paper attempts to examine the assessment of IPR protection in China and Pakistan. This research paper also describes IPR protection procedures in China and Pakistan. In addition, this article initiates a comparison of international IPR indexes to demonstrate and describe the variances in IPR protection assessments. This article also lists and describes the various factors that influence the lack of proper protection of property and intellectual property rights in both countries.
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Ivanova, K. "Appraisal of property rights of intellectual property." Law and innovative society, no. 2 (13) (December 26, 2019): 33–39. http://dx.doi.org/10.37772/2309-9275-2019-2(13)-5.
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Problem setting. The urgency of the problem is caused by the fact that active innovation processes occurring around the world, informatization of society and transformation of knowledge into a source of progress indicate that the profitability of entrepreneurial activity in a market economy to some extent depends on the ability to dispose of the results of human intellectual activity, hence the importance of intellectual property, their value is constantly increasing, which requires the implementation of a special mechanism for determining their value (appraisal). Analysis of recent researches and publications. In the scientific literature the scientists such as V.S. Drobyazko, P.M. Tsybulov, O.O. Horodov, I.M. Bieltiukova, O.M. Vinnyk, A.O. Kodynets, O.R. Kibenko, O.O. Tverezenko, V.S. Shcherbyna, I.YE. Yakubivskyy have made a significant contribution to the development of the issues on valuation of property rights of intellectual property. Target of research. To analyze the mechanism for assessing the value of such group of intangible assets as property rights of intellectual property and identify the features of this mechanism. Article’s main body. Appraisal activity is a complex institution. Appraisal of intellectual property requires the integration of the economic concept of value and the legal concept of property. But the intangible character (ideal nature) of intellectual property objects distinguishes them from other civil rights objects and becomes a certain obstacle when it comes to determining their value. When it comes to appraisal of objects of the intellectual property rights, such actions are subjected not to intangible (ideal) objects, but to exclusive property rights to them. However, the Law “On Appraisal of Property, Property Rights and Professional Appraisal Activity” considered of objects of the intellectual property rights as intangible assets that, in turn, along with things, securities, units form a broader category “property”. If the legislator had given the object of valuation the exclusive property rights and classified them as “property rights that could be valued”, it would be more in keeping with their nature. The Law “On Appraisal of Property, Property Rights and Professional Appraisal Activity” distinguishes between the market value of property and non-market types of property values (ie other types of value that are different from market value). As a general rule, the market value of objects is determined. Thus the value of property rights of intellectual property is determined by the approximate price of market demand for them. Appraisal activity is carried out in cases established by the legislation of Ukraine, international agreements, on the basis of the agreement, as well as at the request of one of the parties to the contract with the consent of the parties. The legislation defines cases when appraisal shall be mandatory. Conclusions and prospects for the development. The commercialization of intellectual property objects requires the implementation of a special mechanism for determining their value (appraisal), and the improvement of current legislation in appraisal activity field. Property rights of intellectual property belong to those, which have a monetary valuation, and must be carried out under the legislation. Valuation of property rights of intellectual property may take place, in particular, in the following cases: 1) defining the valuation of the exclusive rights transferred under the contract in intellectual property field, in particular the license contract, and defining the license fee base; 2) contribution the property rights of intellectual property to the authorized (composite) capital of certain types of companies; 3) using property rights of intellectual property in joint activities without the creation of a legal entity (including in the form of a common partnership); 4) the pledge of the property rights of intellectual property.
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Niyazi oglu Zeynalov, Nihad. "THE ISSUE OF INTELLECTUAL PROPERTY RIGHTS IN THE DIGITAL WORLD." ANCIENT LAND 04, no. 02 (April 21, 2021): 49–51. http://dx.doi.org/10.36719/2706-6185/04/49-51.
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The article showed that the issue of intellectual property is a modern problem, and although there are many different views on the problem in this modern era, the main controversy has emerged from two perspectives. In the digital world, there are points where both groups advocate and oppose intellectual property. There is a general consensus that intellectual property promotes innovation and that producers need some degree of protection to be rewarded for their work. What they do not agree on is the extent of intellectual property rights and how long this restriction will last. Keywords: intellectual property, information, technology, communication, security
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Pugatch, Meir Perez. "Intellectual Property." European Journal of Risk Regulation 2, no. 4 (December 2011): 566–71. http://dx.doi.org/10.1017/s1867299x00001628.
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This article examines the issue of risk in research and development (R&D) pertaining to new pharmaceuticals, especially those aimed at neglected diseases and/ or relevant primarily to the developing world. In particular, the article considers the role of patent pools and other forms of non-proprietary models as alternatives to patents (and other types of intellectual property rights) in R&D for new pharmaceuticals. The article concludes that that these mechanisms still achieve very little output and can therefore not currently be considered as viable alternatives to the use of patents in pharmaceutical R&D. Another relevant finding is that many of the existing collaborative initiatives and partnerships for R&D in neglected diseases actually rely on different forms of intellectual property rights.
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Bican, Peter M., Carsten C. Guderian, and Anne Ringbeck. "Managing knowledge in open innovation processes: an intellectual property perspective." Journal of Knowledge Management 21, no. 6 (October 9, 2017): 1384–405. http://dx.doi.org/10.1108/jkm-11-2016-0509.
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Purpose As firms turn their innovation activities toward collaborating with external partners, they face additional challenges in managing their knowledge. While different modes of intellectual property right regimes are applied in closed innovation systems, there seems to be tension between the concepts of “open innovation” and “intellectual property rights”. The purpose of this paper is to investigate how firms best manage knowledge via intellectual property rights in open innovation processes. Design/methodology/approach Following a mixed methods approach, the authors review relevant literature at the intersection of knowledge management, intellectual property rights, strategic management of intellectual property rights and the open innovation process. The authors identify success drivers through the lenses of – but not limited to – intellectual property rights and classify them in five distinct groups. Expending the view on open innovation beyond its modus operandi, the authors develop the Open Innovation Life Cycle, covering three stages and three levels of the open innovation process. The authors apply their findings to a case study in the pharmaceutical industry. Findings The authors provide four key contributions. First, existing literature yields inconclusive results concerning the enabling or disabling function of intellectual property rights in open innovation processes, but the majority of scholars detect an ambivalent relation. Second, they identify and classify success drivers of successful knowledge management via intellectual property rights in open innovation processes. Third, they advance literature on open innovation beyond its modus operandi to include three stages and three levels. Fourth, they test their findings to a case study and show how management leverages knowledge by properly using intellectual property rights in open innovation. Practical implications The findings support firms in managing knowledge via intellectual property rights in open innovation processes. Management should account for the peculiarities of open innovation preparation and open innovation termination to prevent unintentional knowledge drain. Originality/value This is one of the first studies to view open innovation as a process beyond its modus operandi by considering the preparations for and termination of open innovation activities. It also addresses the levels involved in managing knowledge via intellectual property rights in open innovation from individual (personal) to project and firm level.
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Hasanah, Nur. "TINJAUAN HUKUM PENOLAKAN PATEN TERKAIT DENGAN KEBARUAN DARI KISARAN." Veritas 5, no. 1 (March 29, 2019): 66–80. http://dx.doi.org/10.34005/veritas.v5i1.253.
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Intellectual property rights are related to human creativity which is the result of the work of creativity, human sense and intention. In Intellectual Property Rights that are protected is the right of the owner of Intellectual Property Rights, not the final product produced by the owner of Intellectual Property Rights. In the global economic order, Intellectual Property Rights are seen as a trade problem that includes interactions of three main aspects, namely intellectual property, commercialization and legal protection. This means that Intellectual Property Rights become important when there are intellectual works that will be commercialized so that the owners of intellectual works need formal legal protection to protect their interests in obtaining benefits from the commercialization of their intellectual work. This study explains the role of how the decision of the Patent Appeal Commission on patent applications, especially on patent applications number W00200903691 submitted by Repros Therapeutics Inc. through Intellectual Property Consultants in Indonesia who represent it (in this case AMR Partnership) with the title of the invention "Antiprogestin Dosage Regimen" and how to analyze the decision.
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Shulpin, Ihor. "The concept of real losses as a component of the concept of losses in the sphere of intellectual property: category of law and economics." Theory and Practice of Intellectual Property, no. 6 (December 27, 2021): 77–86. http://dx.doi.org/10.33731/62021.249062.
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Keywords: real losses, intellectual property rights, object of intellectual propertyrights, subject of intellectual property rights, right to own, use and dispose of intellectualproperty rights, contractual obligations, non-contractual legal relations
This article provides an analysis and formulation of the category of «real losses» in thefield of intellectual property. The categories of «real losses» in relation to the propertysphere and the sphere of intellectual property are analysed and justified.First, the author will consider the concept of «real losses» in the property sphere,which was previously studied by many well-known legal scholars and lawyers. Further,we are talking about the structure and Element-by-Element composition of reallosses. Then, the concept of incurred and future expenses is considered.The author notes that everything that concerns the property sphere will also applyto the sphere of intellectual property to a certain extent, but a significant differencewill be that real losses in these areas apply to different subjects, objects and rights. After that, the author will try to provide and analyse the definition of the concept of«real losses» for regarding the sphere of intellectual property.Further, the author focuses on the concept of intellectual property law, the subjectof intellectual property rights, intellectual property rights, objects of intellectualproperty rights under the Civil Code of Ukraine. Also, the article deals with such conceptsas the rights of the owner of rights: the right to own, the right to use and theright to dispose. Further, we are talking about real expenses in the field of intellectualproperty.Summing up the theoretical material presented above and taking into account thechanges of the author that he proposed, the definition of the concept of "real losses" inthe field of intellectual property is given.According to the author, such a legal norm could be included in the fourth book«Intellectual Property Law», Chapter 35 «general provisions on intellectual propertylaw» of the Civil Code of Ukraine, in the article on losses.
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Savina, Anna. "Pledge of intellectual property rights." Current Issues of the State and Law, no. 15 (2020): 369–75. http://dx.doi.org/10.20310/2587-9340-2020-4-15-369-375.
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We consider certain issues of pledge of intellectual property, analyze the definitions of the concepts “pledge”, “intellectual property”, “objects of intellectual rights”, etc. We comprehend the issues of civil law regulation of pledge relations, investigate the mechanisms of state support for the intel-lectual property pledge, and identify a number of factors that determine the positive effect of innovative enterprises development, receiving loans secured by intellectual property. We describe the risk factors of pledged collateral for loans, we note the criteria according to which the borrower has the right to conclude an agreement on the provision of subsidies from the federal budget to small and medium-sized businesses to expense reimbursement associated with obtaining loans secured by intellectual property rights. We pay attention to the issue of correlation of derivative rights with an independent object of pledge. We examine the insurance and market issues related to the risk factors of intellectual property pledge. We study the practice of granting loans secured by intellectual property, and also analyze the statistical indicators of such practice in individual countries of Europe and Asia.
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Amangeldy, Aizhan Amangeldykyzy. "INTERACTION OF INTELLECTUAL PROPERTY LAW WITH BRANCHES OF PRIVATE LAW." Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan 4, no. 75 (December 29, 2023): 70–79. http://dx.doi.org/10.52026/2788-5291_2023_75_4_70.
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In this article, a study is conducted on the interaction of intellectual property law with branches of private law. In particular, the interaction of intellectual property law with civil law is substantiated. Intellectual property law acts as a sub-branch of civil law, respectively, the subject of legal regulation also consists of property and personal non-property relations that develop with respect to intellectual property objects. In turn, the exclusive right to intellectual property belongs to the category of property rights, and as a subjective right is one of the objects of civil rights. Some provisions of the article are devoted to the analysis of intellectual property rights with the institute of non-contractual obligations. Often, the creation of intellectual property objects is the subject of competitive obligations, and copyright holders may be harmed as a result of torts. Exclusive rights also act as the subject of inheritance and inheritance law, exclusive rights can be the subject of hereditary legal relations, which is also reflected in the content of the article. The issues of interaction of intellectual property law with private international law are touched upon, since intellectual property law is one of the institutions of private international law, which provides for conflict-of-laws regulation of relations complicated by a foreign element [1]. The uniqueness of intellectual property rights is also manifested in connection with labor law, since the subject of interaction is relations regarding official works and inventions, which, as a rule, are determined by an employment contract, but require compliance with special legislation of the Republic of Kazakhstan [1]. The article analyzes the interaction of intellectual property law with family law, since exclusive rights and intellectual property objects, being property, can be the subject of family legal relations.
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Komarnytska, I. I., and M. M. Butsyak. "General Provisions of Intellectual Property Rights in Ukraine." Analytical and Comparative Jurisprudence, no. 5 (November 17, 2023): 224–28. http://dx.doi.org/10.24144/2788-6018.2023.05.39.
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The article is devoted to the study of the general provisions of intellectual property law in Ukraine. The article notes that the importance of protecting property rights in the intellectual sphere has been growing rapidly in recent decades. A theoretical and practical understanding of the nature of intellectual property rights was carried out based on the analysis of current legislation and available scientific, methodical and journalistic materials. The list of laws that regulate activities in the field of intellectual property, both at the national and international level, is given. It is interesting to note that in Ukraine there are quite a lot of special legislative acts regulating the above activities. Attention is focused on the adaptation of Ukrainian legislation to the legal system of the European Union. International legal acts regulating the protection of intellectual property rights are given. Scientific and regulatory approaches to defining the concept of intellectual property rights are considered. It is established that this concept can be considered in two ways: objective and subjective. In an objective sense, in the legal literature, intellectual property law is considered as a system of legal norms that regulates homogeneous social relations in the field of intellectual property. In a subjective sense, the right of intellectual property is considered as personal property and non-property rights of natural persons, which according to the current legislation belong to the authors for the results of intellectual activity. Special attention is paid to the interpretation of the concepts of property and non-property intellectual property rights. Property intellectual property is the author's rights to the results obtained from his creative activity, similar to the property rights of those who create material objects with their labor (devices, devices, mechanisms, new information technologies, etc.). Non-property intellectual property rights are a set of moral, mental, rational, intellectual and other human rights, which by their nature cannot be alienated from the owner. A comparative analysis was made between intellectual property law and property law in general, and their relationship was also analyzed.
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Bakhareva, Olena. "Objects of intellectual property rights: general terms of protection." Theory and Practice of Intellectual Property, no. 6 (June 16, 2021): 98–106. http://dx.doi.org/10.33731/62020.233970.
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Keywords: wine go and brown models, promises, sort of roslin that breed of twarin,trade marks (marks for goods), commerce (form) naymenuvannya, geographic significance,komertsiyna tamnytsya, computer programs
Intellectual property is the result of human creativity: works of art and science, inventionsand utility models in all fields of human activity, industrial designs, trademarks(marks for goods and services), commercial (brand) names, information products,selection achievements, etc. Intellectual property is created as a result of purposefulmental work of human intellect, the result of which is something new, characterized byuniqueness, originality, uniqueness.According to the provisions of the Civil Code of Ukraine, an intellectual property rightis a person’s right to the result of intellectual, creative activity or another object of intellectualproperty right, defined by this Code and another law. Intellectual property rightsare personal non-property intellectual property rights and (or) property intellectual propertyrights, the content of which in relation to certain objects of intellectual propertyrights is determined by this Code and other law. Intellectual property rights are inviolable.No one may be deprived of intellectual property rights or restricted in their exercise,except in cases provided by law.The Commercial Code of Ukraine provides a list of intellectual property, leaving itopen and states that the general conditions for the protection of intellectual propertyrights to objects are determined by the Civil Code of Ukraine. In the Civil Code ofUkraine, the fourth Book «Intellectual Property Law» is devoted to the issue of intellectualproperty. The Civil Code of Ukraine provides a more extensive list of objects of intellectualproperty rights, defines their concepts.According to Article 420 of the Civil Code of Ukraine, the objects of intellectual propertyrights, in particular, include: literary and artistic works; computer programs; datacompilation (database); implementation; phonograms, videograms, broadcasts (programs)of broadcasting organizations; scientific discoveries; inventions, utility models,industrial designs; arrangement of semiconductor products; innovation proposals; plantvarieties, animal breeds; commercial (brand) names, trademarks (signs for goods andservices), geographical indications; trade secrets.The purpose of my article is to summarize information about the objects of intellectualproperty rights, disclosure of their concepts with reference to relevant regulatorysources. Therefore, to simplify the reader's perception and search for concepts in differentsources, it was decided to group them in one text. I hope that the information providedwill be useful.
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Nugroho, Sigit. "LIMITATIONS ON THE EXCLUSIVE RIGHTS OF INTELLECTUAL PROPERTY RIGHT HOLDERS (SOCIAL JUSTICE PERSPECTIVE)." Al-Adl : Jurnal Hukum 15, no. 2 (July 20, 2023): 404. http://dx.doi.org/10.31602/al-adl.v15i2.9683.
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Social justice is the goal of the Indonesian state, which must be realized in all fields so that welfare is realized for all Indonesian people which also radiates in the field of intellectual property law, bearing in mind that the initial regulation of intellectual property came from developed countries which are industrial countries which are different from Indonesia. Social justice is the fundamental norm as well as the goal of the state, which is used as a reference in the formation of intellectual property law rules. Thus, arrangements regarding the distribution of intellectual property rights must pay attention to the public interest. Based on such arguments, the regulation regarding restrictions on the exclusive rights of intellectual property rights holders is realized in the public interest. At the implementation level, setting the exclusive rights of older intellectual property law protected without prejudice to the protection of community (general) rights as a form of limiting these rights for the common good. Restrictions on the exclusive rights of the holder of intellectual property law as a form of social justice have been regulated in the Indonesian legal system, although there are still deficiencies.
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Hossain, Kamrul. "Human Rights Approach to the Protection of Traditional Knowledge: An Appraisal of Draft Nordic Saami Convention." Yearbook of Polar Law Online 4, no. 1 (2012): 313–40. http://dx.doi.org/10.1163/22116427-91000096.
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Abstract Traditional knowledge offfers significant contribution to the intellectual creations. While authors of intellectual creations are protected within the intellectual property rights regime, the authors of traditional knowledge, however, are not. Intellectual property rights regime offfers certain exclusive rights over the innovations of private authors leaving holders of traditional knowledge aside. Given the collective nature of knowledge held traditionally by a community, and unknown in the intellectual property rights system, traditional knowledge faces complexity to be included within the existing intellectual property rights system, and hence, demands alternative protection regime. This article argues human rights approach as an alternative protection regime for the traditional knowledge – the knowledge mostly held by the indigenous communities. The article examines specific human rights provisions embodied in the international bill of human rights pertaining to both right to enjoy a culture and right to enjoy ‘moral and material’ interests arguing that traditional knowledge form a part of culture, and that such culture-oriented right generates economic interests akin to that of intellectual property right system, albeit within the framework of human rights. While the Saami are the indigenous people holding diverse traditional knowledge of great importance, the article also addresses the specific provisions of the Draft Nordic Saami Convention in order to examine how efffectively the Saami’s traditional knowledge right is protected within the regime of human rights.
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Laksminarti, Laksminarti. "Kebijakan Pemerintah Dalam Perlindungan Hak Kekayaan Intelektual (HAKI) Di Indonesia." Pencerah Publik 5, no. 2 (October 13, 2018): 27–33. http://dx.doi.org/10.33084/pencerah.v5i2.1012.
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This research aims to obtain a picture of the policy in the field of intellectual property rights as well as legislation and law enforcement of intellectual Property Rights (HAKI). The increasingly high-flow of free trades that demand the higher creativity of the resulting products proved increasingly spur on the technological developments that support these needs. Along with this, it began to realize the importance of the role of intellectual Property Rights (HAKI) in supporting technological developments. This is seen from the increasingly high number of copyright, patent and trademark applications and the sufficient number of industrial design applications addressed to the Directorate General of Intellectual Property Rights, the Office of the jurisdiction and human rights.
By using a descriptive analysis obtained the idea that the implementation of good intellectual property rights system not only requires the legislation in the field of intellectual property right but should be supported also by Administration, law enforcement and an optimal socialization program on intellectual property Rights (HAKI).
The results of the research show that at this time, Indonesia has had a legal device in the field of intellectual property rights which is adequate and does not contradict the provisions as required in Agreement on Trade-Related Aspect Of Intelectual Property Rights. In principle, all rules of intellectual property rights have been prepared about the interests of the Community and by the minimum provisions as required by TRIPS approval (Agreement on Trade-Related) Aspect Of Intelectual Property Rights).
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Tsaurai, Kunofiwa. "Impact of intellectual property rights on foreign direct investment in Africa." Investment Management and Financial Innovations 21, no. 2 (May 21, 2024): 265–75. http://dx.doi.org/10.21511/imfi.21(2).2024.21.
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The study investigated the impact of intellectual property rights on foreign direct investment (FDI) in selected African countries (Burkina Faso, Ivory Coast, Nigeria, Cameroon, Mali, Kenya, Burundi, Central African Republic, Rwanda, Senegal, Zimbabwe, and Tanzania). The purpose of the study is to develop property rights policies that encourages FDI in African countries. How FDI is influenced by the combination of trade openness and intellectual property rights was also examined using the same data set and econometric methods such as the dynamic generalized method of moments (GMM), fixed effects, and pooled ordinary least squares (OLS). Panel data ranging from 2005 to 2019 were used for the purposes of this study. A 1% increase in intellectual property rights led to a 22.73% increase in FDI inflows under the dynamic GMM and a 45.55% increase in FDI inflows under the random effects. These results show that intellectual property rights significantly enhanced FDI under the random effects and dynamic GMM. FDI was insignificantly enhanced by intellectual property rights under the pooled OLS and fixed effects methods. A 1% increase in complementarity between intellectual property rights and trade openness (complementarity term) pushed up FDI inflows by 17.78% under the dynamic GMM, whilst a 1% increase in the complementarity term increased FDI inflows by 16.72% under the fixed effects. In other words, dynamic GMM and fixed effects approaches show that the complementarity component significantly improved FDI inflows. The paper recommends implementing the best property rights strategies to improve FDI inflows into African countries. AcknowledgmentThe author appreciates the moral support from the University of South Africa, his employer.
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Titilope, Afolayan Oluyinka. "Intellectual Property Rights Protection in Nigeria." International Journal of Library and Information Services 9, no. 2 (July 2020): 51–57. http://dx.doi.org/10.4018/ijlis.2020070103.
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Intellectual property right protection is of growing importance in most countries of the world due to its role in the development of any nation. However, intellectual property rights protection in Nigeria has not yielded any positive results as expected due to the problem of weak enforcement and non-implementation of protection laws. In view of this, the main purpose of this article is to unravel the challenges militating against the protection of intellectual property rights of creators and inventors in Nigeria. This article further discusses the benefits of intellectual property rights protection. Challenges contributing to weak enforcement of intellectual property rights were also identified in this article. In conclusion, intellectual property rights protection in Nigeria should be given the highest priority by government to aid national development as well as promoting creativity and innovation on the part of creators and inventors.
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Shekhovtsova, Victoria. "THE MODERN VISION OF THE SYSTEM OF INTELLECTUAL PROPERTY RIGHTS IN UKRAINE." Law Journal of Donbass 75, no. 2 (2021): 52–59. http://dx.doi.org/10.32366/2523-4269-2021-75-2-52-59.
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The article is devoted to the research of the intellectual property rights system in Ukraine. Intellectual property is the result of the creative activity of any person or group of people. The author studied the categories «intellectual property» and «intellectual property right», investigated the principles of intellectual property and the system of intellectual property rights of Ukraine. In Roman law, there was the term «property», because the «property right» in its classical meaning was formed in Rome, and related to private relationships. Intellectual property is the property of a person that arose as a result of her creativity. However, for our Ukrainian legislation, the expression «intellectual property» is «terra incognita». Yes, intellectual property is studied by such branch legal sciences as: civil law, administrative law, international law, and others. Formed the State Service of Intellectual Property, but the organization of the state system of legal protection of intellectual property, in our difficult times, wants a better one. In the legal literature on intellectual property issues various definitions of «intellectual property right» are given. From a subjective point of view – this is a subjective right, and from an objective point of view – a civil law institute, a set of legal norms that regulate relations in the system of creation and protection of intellectual property. Man, his freedom and rights are the most important value of evolutionary development of society, which manifests itself in the growth of the intellectual potential of the population of each country. Only man possesses intelligence, creative potential and creative abilities. In addition to it, on earth, no living creature can create. Creative activity is the most important aspect of human life, which allows you to convey your talent to society. The consequence of this activity is something new, unique, unique and original. The accumulated products of the human mind are the heritage of the nation, which determine its further development.The Constitution of Ukraine guarantees to the citizens of the state freedom of scientific, artistic, literary and technical creativity, protection of intellectual property rights, moral and material interests arising in connection with various types of intellectual activity. Every citizen has the right to the results of his intellectual, creative activity; no one can use or distribute them without his consent, with the exception of the statutory provisions. The intellectual potential of the nation, in the form of improving education, production, culture, science and technology, needs constant support from our state. The Civil Code of Ukraine for the first time in our national legislation was given a formal definition of the right of intellectual property, as the rights of the individual to the result of intellectual, creative activity or other object of intellectual property rights.
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Itanyi, Nkem. "Enforcing Intellectual Property Rights in Nigerian Courts." Law and Development Review 11, no. 2 (June 26, 2018): 627–45. http://dx.doi.org/10.1515/ldr-2018-0032.
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Abstract There is no point in making comprehensive provisions for the protection of various intellectual property rights without also providing a corresponding comprehensive system for enforcing the same when the rights are or about to be infringed. Therefore, an accessible, sufficient and adequate system/procedure is paramount in any worthwhile intellectual property system. Right holders must be granted means to enforce their rights just as is obtainable in other forms of tangible and intangible properties. To this end, all intellectual property systems need an effective judicial system that is empowered to deal with both civil wrongs and criminal offences while being presided over by adequate number of judges with the requisite experience in intellectual property law. This paper therefore examines: the raison-d’être for protecting intellectual property rights; the various enforcement mechanisms via the courts; sanctions and remedies for infringement of intellectual property rights amongst other incidental matters. The paper concludes with a call for the review of the sanctions for infringing intellectual property rights.
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Singleton, Rebecca. "Architecture and intellectual property." Architectural Research Quarterly 15, no. 3 (September 2011): 294–96. http://dx.doi.org/10.1017/s1359135511000893.
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For architects, intellectual property (IP) law is vital. Without it plans, building designs and models would have no value as others could copy them without payment. But what are an architect's rights and how are those rights retained in order to avoid commercial exploitation?The legislation for this area of law comes from the Copyright, Designs and Patents Act 1988 (CDPA), the Registered Designs Act 1949, the Trade Marks Act 1994 and the Patents Act 1977. IP itself is divided into those rights that are registrable at the Intellectual Property Office (IPO) and those that are not. Rights that must be registered before the work is protected include trademarks, patents and registered designs; IP rights that cannot be registered include copyright and unregistered design rights.
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Tupasela, Aaro. "Intellectual Property Rights and Licensing." Science & Technology Studies 13, no. 2 (January 1, 2000): 3–22. http://dx.doi.org/10.23987/sts.55124.
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Jankowska, Marlena. "Geodata intellectual property rights policy." Opolskie Studia Administracyjno-Prawne 18, no. 2 (October 28, 2020): 75–94. http://dx.doi.org/10.25167/osap.2181.
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In this paper, the author presents intellectual property law policies related to geodata. The sole purpose of this paper is to open up this problem for further investigation and discussion. The concepts of geodata and legal interoperability have not received as much scholarly attention as they merit. Drafting one single model for geodata access is especially hard, given that geodata is produced and maintained in multifold environments. This makes it important to confront and discuss the factors influencing the licensing of geodata. On this basis the author proposes a taxonomy of the extremely diverse licenses for geodata.
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Correa, CM. "Health and intellectual property rights." Ceylon Medical Journal 47, no. 1 (January 22, 2014): 4. http://dx.doi.org/10.4038/cmj.v47i1.6395.
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Dewagan, Ekta, Rajendra Jangde, and Suman Shrivastava. "Intellectual Property Rights-An Overview." Research Journal of Pharmacy and Technology 10, no. 10 (2017): 3590. http://dx.doi.org/10.5958/0974-360x.2017.00650.3.
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Ponomarenko, Mykhailo. "Intellectual property rights in software." Law Review of Kyiv University of Law, no. 1 (May 5, 2021): 218–21. http://dx.doi.org/10.36695/2219-5521.1.2021.42.
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The article presents an urgent scientific problem, which is the need to establish the impact of reliable protection of intellectualproperty rights on software and its individual elements on the Europeanization of public administration in Ukraine, improving theinvestment climate, saving labor, accelerating public and private enterprises, institutions, organizations and boosting economic growth.Intellectual property rights underlie all the software industry. This term refers to a number of intangible property rights to an assetsuch as software. Each «right» to intellectual property is itself an asset, part of the overall property system. The law provides differentmethods of protecting these property rights depending on their type.There are essentially four types of intellectual property rights related to software: patents, copyrights, trade secrets, and trademarks.Each provides a different type of legal protection. Patents, copyrights, and trade secrets can be used to protect the technologyitself. Trademarks do not protect the technology, but the names or symbols used to distinguish the product on the market.Software can take the form of a computer program, a website, a mobile application, a distribution, and so on. Each of these formsmust consist of program code and personalization tools.In the current realities of digitalization of state and business review processes, intellectual property plays a role in shaping the economicstability of the state. The rapid pace of emergence and growth of technology, the spread of difficult foreign terminology in the fieldof software leaves room for research, creating new challenges and conditions for the synthesis of social sciences and engineering.Studying technologies, mastering and systematizing the principles of software – this is the main task facing lawyers-scientists inthe field of intellectual property.The lack of the combination in a single scientific work practical knowledge of programming and legal theories and practices ofsoftware protection creates a field for reflection and research on this topic.Because of the lack of scientific base and clear terminology in the field of software, problematic in Ukraine are the taxation ofoperations for the creation and implementation of software, legalization of relations between developers, and as a consequence – thelack of a unified policy for auditing and monetary evaluation of implemented computer programs.
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Kjeldgaard, Richard H., and David R. Marsh. "Intellectual Property Rights for Plants." Plant Cell 6, no. 11 (November 1994): 1524. http://dx.doi.org/10.2307/3869940.
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