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Journal articles on the topic '* Enforcement * Industrial property * Law on the enforcement of industrial property rights'

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Published: 4 June 2021
Last updated: 3 February 2022

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1

Mustafa Mammadova, Gunay. "DESIGN PROTECTION STANDARTS IN INTERNATIONAL TREATIES." SCIENTIFIC WORK 65, no. 04 (2021): 310–13. http://dx.doi.org/10.36719/2663-4619/65/310-313.

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Despite the local application of the law, the attacks on intellectual property rights regardless of borders have created the necessity to protect these rights at the international level. The fact that each country has its own legal system and judicial system makes holders vulnerable in terms of protection and enforcement of their rights. In the global market, a consumer-approved design owner must register in 200 different countries and file a lawsuit against the offender. A number of international agreements have been adopted, taking into account the difficulties associated with the protection
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2

Laksminarti, Laksminarti. "Kebijakan Pemerintah Dalam Perlindungan Hak Kekayaan Intelektual (HAKI) Di Indonesia." Pencerah Publik 5, no. 2 (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 appli
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3

HE, Qiaoling. "The Limits to Law: How Intellectual Properties Are Used and Protected in Chinese Industries." Asian Journal of Law and Society 7, no. 2 (2019): 369–402. http://dx.doi.org/10.1017/als.2018.43.

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AbstractMany studies agree that a weak intellectual property right (IPR) legal system likely reduces innovation or creation; they also predict that increasing intellectual properties (IPs) in developing countries will automatically lead to local needs for stronger formal protection. However, the situation is found to be more complex in China. With a focus on the use of IPs and relevant protection mechanisms in China, this study points out that many companies acquire IPs for purposes that do not depend on their enforcement; many companies have informal ways of protecting their IPs without resor
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4

Chakrabarty, Ananda M. "Intellectual property rights and contentious legal and social issues in biotechnology." SALUTE E SOCIETÀ, no. 3 (November 2010): 183–202. http://dx.doi.org/10.3280/ses2010-003012-ing.

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It is widely recognized that scientific and technological innovations are key to industrial and economic development of a country. Innovations, however, must be protected, usually through patent or copyright laws, before they can be marketed globally. Thus sensible patent laws, and their legal enforcement, are important for the advancement of economic and industrial development. Patent laws, as mentioned here, are complex and subjective, so that patent infringement cases are plentiful and often unpredictable. Given the rapid advancements of the science of genetics and biotechnology during the
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Fataruba, Sabri. "TRIPs dalam Kaitannya dengan Perlindungan Hukum Terhadap Rahasia Dagang, Desain Industri dan Desain Tata Letak Sirkuit Terpadu Di Indonesia." SASI 26, no. 1 (2020): 1. http://dx.doi.org/10.47268/sasi.v26i1.207.

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Participation in the WTO has given consequences to its member countries, including Indonesia, to harmonize its laws in the field of Intellectual Property Rights for full compliance or full compliance as a minimum requirement and guidelines for WTO member countries to contain new norms and has a higher standard and contains strict law enforcement provisions as set by the TRIPs. In view of these matters, Indonesia has harmonized the existing laws in the field of Intellectual Property Rights and made legal norms in accordance with the standards set by the TRIPs for several fields of Intellectual
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Doroshenko, Oleksandr, and Liudmyla Rabotiahova. "Some aspects of establishing the conformity of an industrial design to the criteria for protection." Theory and Practice of Intellectual Property, no. 1 (June 11, 2021): 27–38. http://dx.doi.org/10.33731/12021.234183.

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Keywords: registered industrial designs, novelty, individual character, administrativeprocedure, invalidity
 The new edition of the Law of Ukraine «On the Protection of Rights to Industrial Designs» No. 3770-XII,adopted on October 14, 2020, introduced significant changes to the regulation of thelegal protection of industrial designs. The basic norms of the law were harmonizedwith the articles 212−217 Chapter 9 «Intellectual Property» of the Association Agreementbetween Ukraine, on the one hand, and the European Union, the EuropeanAtomic Energy Community and their Member States, on the oth
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7

Batt, John. "“United to Support But Not Combined to Injure”." International Review of Social History 31, no. 2 (1986): 185–203. http://dx.doi.org/10.1017/s0020859000008154.

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The declaration of intent forming the title of this article – united to support but not combined to injure– succinctly illustrates a dilemma that confronted trade unions in Britain in the early nineteenth century, and that has since re-surfaced periodically. Successful trade unionism necessarily requires collective action, whether of an overt form, as during an industrial dispute, or implicitly, as in the enforcement of a closed shop. Not infrequently, though, the claims of solidarity and collective interest run counter to the rights of individuals: of employers, fellow workers and third parti
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Ruzakova, O. A., and E. S. Grin. "INTELLECTUAL PROPERTY PROTECTION IN THE FIELD OF VIRTUAL AND AUGMENTED REALITY TECHNOLOGIES (VR, AR)." Вестник Пермского университета. Юридические науки, no. 49 (2020): 502–23. http://dx.doi.org/10.17072/1995-4190-2020-49-502-523.

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Introduction: the article is focused on the analysis of relations in the field of digital technologies, specifically virtual and augmented reality (VR, AR). The progress in these technologies, especially in the context of limited real contacts during the pandemic, their wide application in different spheres make it necessary to create the relevant legal framework. One of the most important issues is the correlation between the legal mechanisms for VR/AR technologies and the rules on protection of intellectual rights to the results of intellectual activity and intellectual property designations
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Shakhnazarov, B. A. "Direct Application of the Rules of International Agreements in the Implementation of the Protection of the Rights of Subjects of Domestic and Cross-Border Relations." Actual Problems of Russian Law 15, no. 8 (2020): 174–84. http://dx.doi.org/10.17803/1994-1471.2020.117.8.174-184.

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The paper attempts to comprehensively investigate the problems of the direct application of the provisions of international agreements for the purpose of regulating various intrastate as well as cross-border relations. It is noted that this opportunity seems to be an effective mechanism for protecting the rights of the subjects of the relevant relations. An analysis of law enforcement practice is carried out for the direct application of the provisions of international treaties when they conflict with the provisions of national legislation or regardless of the establishment of such a conflict.
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10

Nwabueze, Caroline Joëlle. "Challenges of Transnational Trademark Law Practice: The Case of Nigerian Companies’ Brands in OAPI States." Revue générale de droit 45, no. 1 (2015): 321–47. http://dx.doi.org/10.7202/1032041ar.

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Nigeria industrial growth has turned the country into an indispensable economic support for its neighbours. Only for the case of Cameroon, Nigeria has been the leading supplier with respectively 22% and 17.8% of imports in 2011 and 2012 with trade amounting to 328 billion FCFA per annum. This results in part from Nigerian companies’ exportations in local markets. Nigerian trademarks related to cosmetics, furniture, electronics, and pharmaceutical goods abound in neighbouring countries. However, a strengthening of Nigerian companies in regional markets encompasses strategies to avoid infringing
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11

Liutikov, Pavlo. "TRUTH OF THE NORM OF ADMINISTRATIVE LAW : ESSENCE AND CONTENT OF THE CATEGORY." Administrative law and process, no. 2(25) (2019): 5–15. http://dx.doi.org/10.17721//2227-796x.2019.2.01.

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The aim is to determine the content and essence of such a property of the norms of administrative law as their truth on the basis of analyzing the opinions of individual legal scholars. Methods. The validity of the theoretical claims, recommendations for further academic research into the topic, the reliability of the results are ensured by the use of a set of philosophical, general and special scientific methods applied in legal research. The dialectical method of scientific knowledge is used as the main general scien tific method. Results. It is noted that the truth of the norm of administra
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12

Manu, Thaddeus. "Building national initiatives of compulsory licences." Journal of International Trade Law and Policy 14, no. 1 (2015): 23–48. http://dx.doi.org/10.1108/jitlp-07-2014-0015.

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Purpose – The purpose of this paper is to examine the extent to which developing countries could build national initiatives of compulsory licences. Design/methodology/approach – The focus of this article is only on developing countries. The author reflects on the Indian patent jurisprudence regarding the operational relationship between the general principles applicable to working of patented inventions locally and the grant of compulsory licences. The discussion that follows is based on a review of the case: Bayer Corporation versus Natco Pharma with a view to presenting a model for developin
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13

SMITH, Nucharee Nuchkoom. "The 4th Industrial Revolution Requires Strong Intellectual Property Laws: Where does Thailand Stand?" Walailak Journal of Science and Technology (WJST) 17, no. 12 (2020): 1294–306. http://dx.doi.org/10.48048/wjst.2021.6504.

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Strong and fair intellectual property rights legislation is an essential foundation for the 4th industrial revolution. It is required to protect the increasingly rapid advances in all areas of technology and science as well as the pursuits of human endeavor. At the same time, countries must be allowed to adopt measures necessary to protect public health and nutrition and the public interest in sectors of vital importance to the socio-economic and technological development. Thailand is covered with the intellectual property treaties under both the World Intellectual Property Organization and th
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14

Zylbersztajn, Decio, and Lygia B. Nadalini. "Explaining agro-industrial contract breaches: the case of Brazilian tomatoes processing industry." Revista de Economia e Sociologia Rural 45, no. 4 (2007): 899–920. http://dx.doi.org/10.1590/s0103-20032007000400005.

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Three hundred small tomato growers located in Brazilian northeast states, supplied a processing industry. In view of the large number of contract hazards and weak enforcement of clauses, managers have decided to move to the Midwest, where a reduced number of larger farmers have been contracted. The industry blamed high transaction costs due to the weak mechanism of public enforcement of property rights. The industry blamed some farmers of selling the product at the market for fresh consumption. Also, farmers blamed the industry for taking advantage of asymmetric information related to quality.
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15

Vynokurov, V. V. "Human Rights. Protection and enforcement." INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE, no. 12 (2021): 141–48. http://dx.doi.org/10.33663/2524-017x-2021-12-24.

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The article is devoted to the analysis of the essence and content of the categories «human rights», «protection of human rights», «human rights enforcement» in terms of the substantive relationship between the constitutional state and the individual in modern society. It is emphasized that addressing these terms through the prism of human rights in order to effectively implement them, it is necessary to clearly understand their content and scope of possible actions covered by them, as well as to distinguish between «protection» and «enforcement» at both scientific and legislativelevels, taking
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16

Ibrahimi, MSc Shpresa. "Intellectual property." ILIRIA International Review 2, no. 1 (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 influe
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17

Avdasheva, S. "Business-groups in Russian industries." Voprosy Ekonomiki, no. 5 (May 20, 2004): 121–34. http://dx.doi.org/10.32609/0042-8736-2004-5-121-134.

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The chapter of “Institutional Economics” textbook is devoted to the development of business-groups as a specific feature of industrial organization in the Russian economy. The main determinants of forming and functioning of business-groups such as allocation of property rights in Soviet enterprises, networks of directors and executive authorities in the Soviet economic system as well as import of new institutes and inefficient state enforcement are in the center of analysis. Origins, structure, organization and management within the groups and the role of shareholding and informal control righ
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18

Omolo, Joseph. "Rethinking Patricia Asero Ochieng and Two Others v. The Attorney General and another." Journal of Intellectual Property and Information Technology Law (JIPIT) 1, no. 1 (2021): 115–30. http://dx.doi.org/10.52907/jipit.v1i1.63.

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In 2012, the High Court of Kenya at Nairobi declared Section 2 of the Anti-Counterfeit Act (ACA) unconstitutional because its enforcement would limit access to affordable and essential drugs and medicines and thereby undermine the right to life, human dignity and health as guaranteed under the Constitution of Kenya. This case review revisits this important judgement by Justice Mumbi Ngugi with the aim of analysing it for legal soundness. Further, this review discusses the likely impact of the judgement on the fight against counterfeit drugs and access to drugs in Kenya. On the other hand, ther
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19

Ifrani, Ifrani. "The Politics of Criminal Law in Trademarks and Future Concept of Omnibus Law for IPR." Lambung Mangkurat Law Journal 5, no. 2 (2020): 149–62. http://dx.doi.org/10.32801/lamlaj.v5i2.152.

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From the Global Intellectual Property Center (GIPC) survey, Indonesia still considered weak in protecting intellectual property. Then the political direction of law began to look at the concept of the omnibus law to promote the ease of doing business (EoDB). Therefore, the purpose of this study is to analyze first, the legal protection issues of famous brand holders in Act No. 20/2016 through political instruments and criminal law policies. Secondly, the concept of the omnibus law as ius constituendum of the Act Related to Indonesian Intellectual Property in the political perspective of crimin
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20

Paradise, James F. "The New Intellectual Property Rights Environment in China: Impact of WTO Membership and China’s “Innovation Society” Makeover." Asian Journal of Social Science 41, no. 3-4 (2013): 312–32. http://dx.doi.org/10.1163/15685314-12341305.

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Abstract New incentives are emerging for the protection of intellectual property rights (IPR) in China. This is happening as the Chinese central government tries to make China into a more innovation-oriented society. This is contributing to the creation of more intellectual property by Chinese entities and also giving rise to a new set of conflicts with foreigners because of the preferential and discriminatory industrial policies on which they say it is based. This paper considers these issues against the backdrop of China’s membership in the World Trade Organization. Its purpose is to underst
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21

Paek, Seung-Yeop, Mahesh K. Nalla, Yong-Tae Chun, and Julak Lee. "The Perceived Importance of Cybercrime Control among Police Officers: Implications for Combatting Industrial Espionage." Sustainability 13, no. 8 (2021): 4351. http://dx.doi.org/10.3390/su13084351.

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The current research explored the predictors of how police officers perceived the importance of combatting cybercrime. This is an era in which industrial security is threatened by perpetrators who use advanced techniques to steal information online. Understanding how law enforcement officers view the control of cybercrimes, especially those that steal confidential business information, can inform industrial espionage prevention and help maintain a nation’s industrial competitiveness in the world market. We surveyed a convenience sample of South Korean police officers attending training at the
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22

Scott, Peter, and Anna Spadavecchia. "Fundamental Patents, National Intellectual Property Regimes, and the Development of New Industries in Britain and America during the Second Industrial Revolution." Jahrbuch für Wirtschaftsgeschichte / Economic History Yearbook 60, no. 1 (2019): 181–208. http://dx.doi.org/10.1515/jbwg-2019-0008.

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Abstract Several “new” industries of the second industrial revolution were characterised by one, or few, “fundamental” patents, without which manufacture of a viable product was not practicable. The degree of monopoly control that such patents conveyed was mediated by national socio-legal regimes, encompassing both patent law and its interpretation and enforcement. Using four case studies (two for the UK – a low anti-trust environment, and two for the USA – a high anti-trust environment) we show that fundamental patents were major determinants of monopoly power, industry structure, barriers to
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23

Gerring, John, and Strom C. Thacker. "Do Neoliberal Economic Policies Kill or Save Lives?" Business and Politics 10, no. 3 (2008): 1–31. http://dx.doi.org/10.2202/1469-3569.1212.

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Do neoliberal economic policies help or hinder human development? Many have argued that such policies promote economic stability and growth, which may have indirect positive effects on human welfare. Others claim that neoliberal policies retard human development. We argue that neoliberal economic policies may improve the human welfare in ways that are independent of their effects on economic performance. Specifically, this paper hypothesizes that open international trade policies, low-inflation macroeconomic environments, and market-oriented property rights regimes promote human development ac
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24

Kapitsa, Y. "THE DEVELOPMENT OF PROTECTION OF GEOGRAPHICAL INDICATIONS AND DESIGNATIONS OF ORIGIN IN THE EUROPEAN UNION." ACTUAL PROBLEMS OF INTERNATIONAL RELATIONS 2, no. 127 (2016): 82–89. http://dx.doi.org/10.17721/apmv.2016.127.2.82-89.

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The article discusses the codification of EU acts on the protection of designations of origin and geographical indications. It is noted the higher protection requirements in the EU compared to the TRIPS Agreement and the Lisbon Treaty. It is noted the difference in designations of origin and other denominations on national level. The legal regime of traditional specialities and optional quality terms is discussed with notes of features of these indication close to specific industrial property objects. The specific character of enforcement of rights on designations of origin and geographical in
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25

Lubeck, Paul M. "Islamic protest under semi-industrial capitalism: 'Yan Tatsine explained." Africa 55, no. 4 (1985): 369–89. http://dx.doi.org/10.2307/1160172.

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Opening ParagraphSince 1980, with considerable regularity during the dry season which propels the rural poor into the urban centres of northern Nigeria, religious riots have erupted in or adjacent to five cities: Kano (1980), Kaduna (1982), Bulum-Ketu near Maiduguri (1982), Jimeta near Yola (1984) and Gombe (1985). In each instance the conflict was remarkably similar. When confronted by the state authorities, an Islamic sect, the 'Yan Tatsine, unleashed an armed insurrection against the Nigerian security forces and those outside the sect, resulting in widespread destruction, in thousands of de
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Rao, Gautham. "The Federal Posse Comitatus Doctrine: Slavery, Compulsion, and Statecraft in Mid-Nineteenth-Century America." Law and History Review 26, no. 1 (2008): 1–56. http://dx.doi.org/10.1017/s0738248000003552.

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In antebellum America, as in pre-industrial England, it was commonplace to witness civilians accompanying sheriffs and justices, scouring the countryside in search of scoundrels, scalawags, and other law-breakers. These civilians were the posse comitatus, or uncompensated, temporarily deputized citizens assisting law enforcement officers. At its core, the posse comitatus was a compulsory institution. Prior to the advent of centralized police forces, sheriffs and others compelled citizens to serve “in the name of the state” to execute arrests, level public nuisances, and keep the peace, “upon p
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27

Shelyh, A. А. "Doctrinal legal consciousness and professional legal consciousness of a lawyer: the relationship and significance for society." INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE, no. 12 (2021): 329–36. http://dx.doi.org/10.33663/2524-017x-2021-12-55.

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The focus is on the legal awareness of legal scholars and legal practitioners. However, before we begin to consider the features of these types of legal consciousness, we need to clarify the concept of legal awareness, which is the cornerstone of our study. Note that the study of this concept has a long history, dating back to antiquity. Philosophers, and later scientists, tried to define the phenomenon of legal consciousness. It is the long historical process of forming ideas about legal consciousness that has led to the existence of many different definitions of this category. First of all,
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28

Костянтин Оверковський. "FEATURES OF FORECLOSURE ON INDUSTRIAL PROPERTY RIGHTS AS COLLATERAL." Theory and Practice of Intellectual Property, no. 1 (February 28, 2020). http://dx.doi.org/10.33731/12020.200253.

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The article is devoted to the features of foreclosure on industrial property rights as a pledged item. The purpose of the article is to substantiate proposals for improving the legislative regulation of the procedure for foreclosing property rights of industrial property as collateral. The article investigates the special legal literature and the current legislation in the field of pledging industrial property rights and foreclosure procedures.Based on the study, generalized methods of foreclosure are inherent to secured industrial property rights: judicial — sale of pledge through electronic
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29

Олександр Дорошенко and Людмила Работягова. "NEW INSTITUTE OF INTELLECTUAL PROPERTY LAW IN UKRAINE — UNREGISTERED INDUSTRIAL DESING." Theory and Practice of Intellectual Property, no. 4 (August 31, 2020). http://dx.doi.org/10.33731/42020.216941.

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The article discusses the main provisions of the institution of intellectual property law — an unregistered industrial design, which was introduced into the legislation of Ukraine through the implementation of the provisions of Art. 212–217 Chapter 9 «Intellectual Property» ofthe Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand, and harmonization with the norms of Directive 98/71/EC of the European Parliament and of the Council of 13 October 1998 on the legal protection of designs and
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Dels Sants Mirambell Fargas, Miquel. "Economics of Arbitrability in International IP Contracting." Journal of Law and Commerce 37, no. 2 (2019). http://dx.doi.org/10.5195/jlc.2019.164.

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IP arbitrability in international commercial disputes enshrines the friction between traders and holders, between private contracts and public registers, between party autonomy and mandatory rules. Particularly, non‑arbitrability of invalidity defenses concerning registered industrial intellectual property rights has been insufficiently analyzed as a crucial matter of recognition and enforcement of international awards. Consequently, a sound economic rationale on grounds of competitive advantages is disregarded in too many instances. Having regarded the ever‑growing importance of IP rights for
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31

Thao, Nguyen Bich, Le Hong Linh, Khuc Thi Phuong Anh, and Nguyen Hoang Quynh. "Liability of Internet Service Providers for Online Copyright Infringement: International Experience and Recommendations for Vietnam." VNU Journal of Science: Legal Studies 37, no. 2 (2021). http://dx.doi.org/10.25073/2588-1167/vnuls.4362.

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The advent of the Internet has posed unprecedented challenges on enforcing copyright. Online copyright infringements are pervasive, while it is not easy to impose liability on direct infringers, i.e., Internet users. This leads to a debate over whether online platforms or online intermediaries, which are often named “Internet Service Providers” (ISPs), should be held liable for these infringing activities or not, and if so, how to balance between Internet freedom, technological innovation and the need for effective copyright enforcement in the digital era. The aim of this paper is to provide a
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"EURASIAN AGRICULTURAL TECHNOLOGY PLATFORM: REGULATORY AND LEGAL ASPECTS." Applied Economic Researches, July 2, 2018. http://dx.doi.org/10.33049/11.042618.7.

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the Eurasian economic Union (hereinafter the EAEU, the Union) is an international organization of regional economic integration with international legal personality. Therefore, an important task of the Eurasian economic Commission (hereinafter, the EEC) is to ensure the har-monization of the legislation of the member States of the Union in the field of scientific and innova-tive activities; protection, protection and use of objects of intellectual property on the territory of the EAEU and the customs regulation for cross-border movement of goods, including intellectual prop-erty. The creation
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Zgadova, Nataliy, Lidiy Rogatina, and Vitaliy Gubko. "RAIDING IN UKRAINE – A THREAT TO THE ECONOMIC SECURITY OF ENTERPRISES." Economic scope, 2020. http://dx.doi.org/10.32782/2224-6282/159-9.

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Given the formation of a market economy in Ukraine, which is based on small and medium-sized businesses, the question of their economic security, because economic security is one of the main components of the needs of not only the state, various associations, but also individual enterprises. Therefore, it is very important to have effective tools to protect enterprises from the information support. With the intensive spread of crises in Ukraine's economy, financial and political instability, increased competition and the negative impact of environmental factors, the problem of financial and ec
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Moore, Christopher Luke. "Digital Games Distribution: The Presence of the Past and the Future of Obsolescence." M/C Journal 12, no. 3 (2009). http://dx.doi.org/10.5204/mcj.166.

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A common criticism of the rhythm video games genre — including series like Guitar Hero and Rock Band, is that playing musical simulation games is a waste of time when you could be playing an actual guitar and learning a real skill. A more serious criticism of games cultures draws attention to the degree of e-waste they produce. E-waste or electronic waste includes mobiles phones, computers, televisions and other electronic devices, containing toxic chemicals and metals whose landfill, recycling and salvaging all produce distinct environmental and social problems. The e-waste produced by games
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