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Journal articles on the topic 'Industrial Property Law'
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1
Kępiński, Jakub. "Polish industrial property law." Pravovedenie 65, no. 3 (2021): 283–300. http://dx.doi.org/10.21638/spbu25.2021.303.
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In recent years, entrepreneurs have become increasingly aware of the legal means to protect intangible goods, but to ensure proper protection it is necessary to possess certain knowledge of the ways how to do it efficiently. The article is intended to explain the basic issues of Polish industrial property law. The systematics of Polish law including the issues concerning inventions, utility models, industrial designs, trademarks and geographical indication have been presented. However, currently it is not enough to be familiar with the national laws of each member states of the EU. It is also necessary to know EU law which affects strongly the law of individual member states. Therefore Polish industrial property law cannot be interpreted without taking into account EU law. At the same time, it is difficult to accurately delineate the boundaries of EU law. For example, there is the concept of a “European patent”, which will be granted by the European Patent Office in Munich. The “European Patent” is based on the European Patent Convention of 5 October 1973. It must be noted that the European patent is not an EU instrument and the Convention itself is not part of the EU acquis communautaire. Nevertheless, it is an important instrument signed by 38 countries, including all EU Member States. The European patent is often referred to as a “bundle of national patents”, and patent protection may differ from country to country. On the other hand, the law of EU Member States has only been harmonised to some extent. Thus, there is a need for further harmonisation as well as uniform interpretation of the existing provisions by the national courts and by the Court of Justice of the European Union. Thus, in the coming years, also Polish industrial property law may be expected to have been amended accordingly.
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전성태. "3D Printing and Industrial Property Law." Journal of hongik law review 15, no. 2 (2014): 441–68. http://dx.doi.org/10.16960/jhlr.15.2.201406.441.
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Androshchuk, Hennadii, and Oleksandr Doroshenko. "Codification of industrial property law of Poland: analysis of the main provisions of the new draft law." Theory and Practice of Intellectual Property, no. 4 (October 19, 2022): 89–99. http://dx.doi.org/10.33731/42022.265867.
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Keywords: intellectual property, industrial property, codification of legislation, innovation, inventor, amount of fee, law, patent, EU law
 The article examines the state and trends of legal regulation in the field of intellectual property (IP), forms of systematization of legislation in the field of IP in international treaties, EU regulations, and national legislation. The models of legal regulation of IP are highlighted, the classification of their objects is given. The structure and content of the main provisions of the new draft law Industrial Property Law are analysed (on the example of Poland). The bill comprehensively regulates all objects of industrialproperty. The changes are mainly aimed at streamlining, speeding up and reducing the costs of obtaining protection of industrial property objects, especially inventions, utility models, industrial designs, trademarks and geographical indications. System changes are shown: the institution of preliminary notice of invention, the registration system for the protection of utility models, a deposit containing technical and technological information that constitutes a commercial secret, conciliation procedures for disputes, IP COMBO — discounts when calculating the amount of state duty in the case of simultaneous presentation of three different objects of industrial property. As a result of the changes made, the attractiveness of the national system of industrial property protection will increase, and the established fees will be an incentive for applicantsto obtain legal protection for as many innovative solutions as possible. Possible ways of systematizing legislation in the field of industrial property in Ukraine are proposed. It is concluded that one of the most effective ways to solve the problem ofcodification is the development and adoption of the Industrial Property Code (following the example of Poland), which would combine and consolidate the main norms regarding the legal protection of industrial property rights.
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Gunay Mustafa Mammadova, Gunay Mustafa Mammadova. "LEGAL PROTECTION OF INDUSTRIAL DESIGN IN AZERBAIJAN AND EUROPEAN UNION." SCIENTIFIC WORK 65, no. 04 (2021): 174–77. http://dx.doi.org/10.36719/2663-4619/65/174-177.
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Industrial design plays an important role in the field of intellectual property. There is no doubt that design is crucial to the success of a product. For this reason, companies use intellectual property laws to protect industrial design. This article covers one of the most important areas of intellectual property, legal protection of industrial designs, legal regulation of industrial design in Azerbaijan and the European Union. There should be accessible, modern and effective legal protections for design rights to encourage manufacturers to invest in designs. There is currently a wide range of legal tools available to protect designs at the national and European Union levels. Key words: industrial design, intellectual propert law, design protection, product, industry
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Korenko, George G. "Intellectual Property Protection and Industrial Growth." Journal of World Intellectual Property 2, no. 1 (2005): 47–75. http://dx.doi.org/10.1111/j.1747-1796.1999.tb00051.x.
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Suluk, Cahit. "Basics of the new Turkish Industrial Property Law." Journal of Intellectual Property Law & Practice 13, no. 6 (2018): 492–503. http://dx.doi.org/10.1093/jiplp/jpx211.
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Al-Hendi, Noor Issa. "Transfering Industrial and Commercial Property Rights to the Heirs in Jordanian Law." Journal of Arts and Social Sciences [JASS] 10, no. 2 (2020): 5. http://dx.doi.org/10.24200/jass.vol10iss2pp5-15.
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This study deals with the issue of the transferring of industrial and commercial property rights to heirs in Jordanian law, through counting and limitation the moral rights and financial rights of industrial and commercial property, and indicating the possibility of their transfer to the heirs or not, by standing on the industrial property represented in the patent, Industrial Designs. In addition, industrial property represented trademarks, trade secrets, and designs for integrated circuits, plant varieties and geographical indications.
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Rosra, Deswita, and . "The Registration Process of Industrial Property Rights." International Journal of Engineering & Technology 7, no. 4.9 (2018): 216. http://dx.doi.org/10.14419/ijet.v7i4.9.21083.
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The objective of this article is to determine the registration process of industrial property rights. This research uses normative law method, which is a qualitative research method utilizing content analysis of secondary data. In general, the registration process of industrial property rights is by submitting the application to Directorate General of Industrial Property Rights (DJHKI) in writing in Bahasa Indonesia through filling the application form with full identities of the applicant. The application is signed by the applicant or the proxy (holder of authority) along with the attachments of the industrial property rights which are applied to the registration. The registration process of industrial property rights also has different special provisions. The research results show that the registration process of industrial property rights is regulated under Intellectual Property Rights Law and has been in conformity with International Convention.
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Bonadio, Enrico. "Intellectual Property." European Journal of Risk Regulation 1, no. 1 (2010): 72–76. http://dx.doi.org/10.1017/s1867299x00000088.
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This section is devoted to giving readers an inside view of the crossing point between intellectual property (IP) law and risk regulation. In addition to updating readers on the latest developments in IP law and policies in technological fields (including chemicals, pharmaceuticals, biotechnology, agriculture and foodstuffs), the section aims at verifying whether such laws and policies really stimulate scientific and technical progress and are capable of minimising the risks posed by on-going industrial developments to individuals’ health and safety, inter alia.
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Spajić, Bojana. "Compensation for material damages in Serbian industrial property law." Glasnik Advokatske komore Vojvodine 93, no. 2 (2021): 357–76. http://dx.doi.org/10.5937/gakv93-29064.
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In the era of the digital revolution and the global market economy, the economic interests of holders of industrial property rights face threats from new and advanced forms of infringement. In order to guarantee the safeguarding of the material status of the rightsholders, standards of protection have been set at the international level as well as within the European Union - with harmonization expected to take place on a global scale. These standards, related to compensation for material damages due to the infringement on industrial property rights, largely deviate from the general rules on compensation for damages. The reason for the deviations lie in the specifics of the authorizations that are inherent to these rights and the intangible nature of the intellectual property that is the subject of the protection: hence the need for specific methods devised to calculate the compensation of damages caused by the infringement on industrial property rights. This paper analyses special rules on compensation for material damages caused by infringement on industrial property rights, observed in domestic law as it has developed from 1995 and onwards. The subject of the analysis are the relics of previous positive law, i.e., triple compensation, and compensation for up to three times the amount of the license fee, as well as the current regulations on the damages set as a lump sum compensation, under which it may not be less than the compensation for the legal use of the subject of protection and compensation equal to the tortfeasor's gains. The aim of this paper is to propose de lege ferenda norms for enhanced regulation of the matter of compensation for material damages in the field of industrial property.
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Tulzapurkar, Veerendra. "Intellectual Property Law – Transfer of Technology." International Journal of Legal Information 36, no. 2 (2008): 338–41. http://dx.doi.org/10.1017/s0731126500003103.
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The law of patent, trademark law, copyright law and the law relating to industrial designs are the statutory enactments forming part of intellectual property law which have a bearing on the transfer of technology. There is one more branch of intellectual property law which also has a bearing on the transfer of technology and that is the law relating to confidential information or law relating to confidentiality. This law is not a written law; it is judge made law, in the sense that it is developed through cases.
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Soares, Marcelo Negri, Marcos Eduardo Kauffman, and Raphael Farias Martins. "ECONOMY LAW AND ECONOMIC ANALYSIS OF LAW AND THE IMPACT ON INTELLECTUAL PROPERTY IN THE COMMON LAW SYSTEM." Revista Direitos Sociais e Políticas Públicas (UNIFAFIBE) 7, no. 2 (2019): 474. http://dx.doi.org/10.25245/rdspp.v7i2.570.
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This article analyses the concept of economics applied to law in order to understand the school's analysis of legal phenomena by economic principles that emerged in 1960 in the United States of America, tracing the impacts on intellectual property law in the Common Law system. This study relies on the hypothetical-deductive method, with a focus on economic and legal literature, to conclude that intellectual property legislation is frequently modernized, especially at the time of major socio economic transformations such as an industrial revolution with the effect of boosting development and innovation, ensuring economic growth with the proper security and protection of industrial secrets and expertise.
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Cornish, W. R. "The International Relations of Intellectual Property." Cambridge Law Journal 52, no. 1 (1993): 46–63. http://dx.doi.org/10.1017/s0008197300017232.
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Intellectual Property is not a term with a standard meaning. Traditionally it was used to describe the copyright protection of authors and to distinguish this from industrial property, i.e., Patents for inventions, industrial design rights, plant variety rights, trade marks and the like. Recently it has become an umbrella for copyright, rights related to it and the various forms of industrial property. The new generic grouping has been needed for a world where demand for these rights has risen to an altogether new pitch. In part this is the consequence of extraordinary advances in technologies which make recorded information easily and precisely reproducible; and partly it supports the quest of advanced economies to conserve superior knowledge as a weapon in international trade.
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Pererva, Petro, and Mariya Maslak. "Commercialization of intellectual property objects in industrial enterprises." Problems and Perspectives in Management 20, no. 3 (2022): 465–77. http://dx.doi.org/10.21511/ppm.20(3).2022.37.
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Introducing the results of innovative activity into economic circulation is one of the essential characteristics of an effective industrial enterprise. Commercializing intellectual property objects involves coordinated production and commercial activity, adopting and implementing scientifically based decisions. This is necessary to successfully pass an intellectual product through all stages of its life cycle.The purpose of this study is to form market processes for commercializing intellectual property objects at industrial enterprises, finding the most effective option for their introduction into economic circulation.The theoretical investigation of the problem made it possible to identify and analyze various possible conceptual approaches to commercializing intellectual property in an industrial enterprise. Among them are market push, market pull, engineering, and reengineering commercialization models.Separate stages of forming the market model for commercializing intellectual property in an industrial enterprise are highlighted. First, the methodological principles of the vertical, horizontal, and vertical-horizontal market processes of intellectual property commercialization have been developed. The peculiarities of an intellectual product’s life cycle are determined; based on this, a market model of intellectual property’s life cycle (model of successive changes) is proposed. Finally, for each of the proposed market processes, the main advantages and disadvantages of their practical use are determined, as well as the areas of their most effective usage.
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Pitz, Johann. "Exhaustion of Industrial Property Rights from the German Perspective." Journal of World Intellectual Property 4, no. 2 (2005): 231–41. http://dx.doi.org/10.1111/j.1747-1796.2001.tb00085.x.
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Lipstein, K. "INTELLECTUAL PROPERTY: JURISDICTION OR CHOICE OF LAW?" Cambridge Law Journal 61, no. 2 (2002): 295–300. http://dx.doi.org/10.1017/s0008197302001617.
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It has long been recognised that Industrial and Intellectual Law is territorial. A comparison with laws relating to landed property led English courts to conclude that they should refrain from exercising jurisdiction when any such foreign laws are involved. The Brussels Convention has eliminated this self-restraint. However it has been overrruled that in reality a special choice of law is in issue. The territoriality of legislation has a positive as well as a negative effect. Negatively no foreign law will be applied locally. Choice of law is replaced by a division of laws territorially.
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Nditi, Donatus N. N. "Regulation of Patents in Mainland Tanzania: Policy, Legal and Institutional Challenges." Eastern Africa Law Review 48, no. 2 (2021): 83–115. http://dx.doi.org/10.56279/ealr.v48i2.4.
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This article explores the policy, legal and institutional challenges facing regulation of patents in Mainland Tanzania. It addresses the problem of delay in reviewing the Act for a very long time which defeats the fact that the patent law needs constant review if it is to keep up with the ever changing nature of patents. It analyzes the policy, legal and institutional frameworks pointing out the challenges and prospects. The challenges addressed are: One, lack of a comprehensive policy that addresses intellectual property generally and patents specifically. Two, the Act is largely compliant with TRIPs though it needs some reforms. Three, there are serious challenges facing the administrative and enforcement organs in terms of, inter alia, limited infrastructural and expertise base. It recommends that a comprehensive intellectual property policy be put in place, the Patents Act be repealed and be replaced with one industrial property law. There should also be established an autonomous industrial property office. Key words: Patent, Invention, Intellectual Property, Industrial Property, Law, Policy, Tanzania.
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Muressama Viagem, Salomão António. "A marca olfativa no novo código da propriedade industrial de Moçambique." Revista Electrónica de Direito, no. 2 (June 2019): 185–204. http://dx.doi.org/10.24840/2182-9845_2019-0002_0008_.
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The most recent Industrial Property Code of Mozambique (CPIM), approved by Decree 41/2015 of 31 December, brought, among other innovations in the field of trademarks, the consecration of the olfactory brand, one of the "new complex in terms of distinctive capacity and graphic representation, the latter being a very controversial aspect in the field of registration assumptions of the new brands. Although the problem of graphic representation has been circumvented by the European Union trademark law in accordance with its new Trademark Directive ( (EU) 15/2436 of Parliament and Council of 16 December 2015) which has removed it from the range of requirements of the trademark concept; many legal systems such as Mozambican law still maintain it. In fact, the reason for this theme is: to study the olfactory mark and its tutelage in Mozambique. The graphic representation of the new brands, and especially of the olfactory mark, is generally problematic. It seems that the new Industrial Property Code of Mozambique has been daring to consecrate this type of mark following the brand name (of the same species was provided for in the previous Code without however having known a single application for registration so far among other possible reasons, due to the difficulty of graphical representation. Will not end the olfactory mark by following the same path and be another type of trademark foreseen in CPIM without any registration? Nevertheless, with the consecration of the olfactory mark, the attention of the Mozambican legislator must be recognized and welcomed by the dynamics of the types of brands that currently have as a whole the new brands as an undeniable reality.
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Kaiser, Karen. "WIPO's International Registration of Trademarks: An International Administrative Act Subject to Examination by the Designated Contracting Parties." German Law Journal 9, no. 11 (2008): 1597–624. http://dx.doi.org/10.1017/s2071832200000596.
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Although the World Intellectual Property Organization (WIPO) is a technical intergovernmental organization with a limited mandate, it has been entrusted with a panoply of tasks. These include, inter alia, the international harmonization of intellectual property law, the administration of fee-based global intellectual property protection services, and the delivery of dispute resolution services to individuals. While the central role of WIPO in the continuous development of substantive intellectual property law has been questioned by developing countries, the administrative activities of WIPO have remained largely unscathed by critique and, therefore, have not attracted much attention. They revolve around the international filing, registration or recognition of industrial property rights, such as patents, industrial designs and trademarks, and provide an interesting perspective on the law of international institutions.
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Cvjetković-Ivetić, Cvjetana, Goran Milošević, and Luka Baturan. "Tax reliefs for residential property occupied by the payers of the property tax." Zbornik radova Pravnog fakulteta, Novi Sad 55, no. 4 (2021): 973–90. http://dx.doi.org/10.5937/zrpfns55-35097.
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In this paper the authors deal with the tax reliefs provided for residential property occupied by the payers of the property tax. The authors will try to answer whether and what type of tax reliefs are given to this category of property in comparative tax law. The special attention will be devoted to the critical analysis of tax credits provided for residential property in Serbian tax law.
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Werner, Jacques. "Intellectual Property and the Creation of Industrial Wealth in Japan." Journal of World Intellectual Property 3, no. 3 (2005): 421. http://dx.doi.org/10.1111/j.1747-1796.2000.tb00134.x.
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Spitsyna, Hanna, and Alla Hordeyuk. "Features of modern classification of intellectual property items." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 3, no. 3 (2020): 58–64. http://dx.doi.org/10.31733/2078-3566-2020-3-58-64.
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This article determines modern classification of intellectual property objects, which identified in international regulations and presumed by scientists, studding problematic issues in sphere of intellectual property. The defined, which the most common is classification, with distribution criterion of objects in group to the institutions of intellectual property: copyright and related rights; industrial property law. The individual scientists have their own approach regarding inclusion in different classification groups. The offered with given the content of international law and scientific research of scientists, classify of intellectual property objects by several criteria in depending: from the assignment of objects to a specific legal institutions of intellectual property; from the legal nature of objects which without fail subject to patenting or state registration or on them spread of presumption of authorship; from the title of protection, which issued based on patenting result or state registration of specific objects. By these criteria expediently to highlight such groups and subgroups of intellectual property objects: objects of copyright and related rights with separate subgroup copyright objects and subgroup related rights objects; objects of the institution of industrial property law, where to highlight the patent law objects, the objects, where individualize of participants in civil transaction, goods, services and subgroup of unconventional objects. Determined the need in modern realities of virtualization of legal realities to additions to the list intellectual property objects, which is defined in article 420 Civil code of Ukraine, such facilities of domain name and website. The domain name include in subgroups of industrial property law objects, which individualize of participants in civil transaction, goods and services, and website include in group objects of copyright and related rights, guided by the legislator’s position. The legislator secured concept of website in the law of Ukraine «On copyright and related rights».
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Samolovova, Nina. "Unregistered industrial design in the fashion industry." Theory and Practice of Intellectual Property, no. 3 (September 7, 2021): 11–18. http://dx.doi.org/10.33731/32021.239567.
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Key words: industrial design, intellectual property, unregistered Community design,novelty, individual character
 In order to harmonize legal relations in the field of intellectual property with the EU memberstates, a new Law “On the Protection of Rights to Industrial Designs” entered intoforce in Ukraine, in which a new term appears — an unregistered industrial design (un-RID) similar to the unregistered Community design (UCD). Thus, together with the registeredindustrial design, the information about which is entered in the Register and forwhich the Certificate was issued, the term of property rights of which is valid for 5 yearsfrom the date of filing the application with the Institution and can be extended, if necessary,up to 25 years, now there is a new one in the Law — an un-RID, the term of legalprotection of which is 3 years from the date of its bringing to the general knowledge onthe territory of Ukraine. The law provides for the same legal regulation for the protectionof registered and unregistered industrial designs.The legal protection granted to registered and un-RIDs has a lot in common. Themain differences between an un-RID and a registered industrial design are the absenceof formal requirements for acquiring rights, a short term of protection, and alimited scope of rights granted to the owner of an un-RID. Since an un-RID is a newinstitution of intellectual property law for Ukraine, the article discusses options forsolving these issues in practice in the member states of the European Union. The articleprovides examples of decisions of the EU courts related to the protection of un-RIDs in the fashion industry. It follows from the practice of national courts that themost relevant un-RIDs are in industries that offer products that are in demand for ashort-term, do not require significant costs and a complex registration procedure,therefore they are relevant to design solutions in the fashion, jewellery and accessoriesindustry. The article also analyses the state of protection of intellectual propertyrights in the fashion industry in Ukraine. In Ukraine, with the introduction of anew institute of intellectual property rights, designers have great new opportunitiesto protect their collections from copying and other violations.
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Sulistianingsih, Dewi, and Bagas Bilowo Nurtantyono Satata. "Dilema dan Problematik Desain Industri di Indonesia." Jurnal Suara Hukum 1, no. 1 (2019): 1. http://dx.doi.org/10.26740/jsh.v1n1.p1-14.
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Industrial design is one part of the scope of intellectual property that gets protection from the state by first registering for the design. Issues in industrial design are no less complicated with problems in the scope of other intellectual property, such as patents, brands, inventions. The clash between industrial design and copyright and brand is unavoidable. Designers must be able to understand the existence of industrial design in intellectual property. One of the problems in the body of industrial design is about renewal. The provisions of renewal are one of the reasons for the emergence of cases / cases in claims against industrial design.This study uses a normative juridical method with a legal and conceptual approach. The purpose of this study is to reveal and analyze problems in industrial design in Indonesia. A review of the Industrial Design law is important to do in order to create a law that can accommodate interests in the corridor of legal certainty, justice and expediency.
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Bator, Karol. "Particular Complaints Concerning Cessation of Industrial Property Rights." Konteksty Społeczne 8, no. 1 (2020): 139–51. http://dx.doi.org/10.17951/ks.2020.8.1.139-151.
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In the present article the author analyses new institutions of civil law, ie. particular complaints concerning cessation of protection rights for a trade mark or registration rights for an industrial model. These complaints constitute a hybrid of mutual complaints and of cases concerning invalidation of protection rights for a trade mark or registration rights for an industrial model or declaration of expiry of protection rights for a trade mark. In the key part of the article the author presents lack of precision of new regulations concerning suspension of civil proceedings due to similar proceedings pending before the Patent Office of the Republic of Poland. In this respect, the author presents the new regulations interpretation risk, which may lead to unnecessary lengthening of court proceedings in consequence infringing the constitutional principle of honest proceedings and the right to have your case recognized without unjustifiable delay. Besides, the author postulates such de lego ferenda change of regulations that the obligation to suspend civil proceedings will take place only, when the scopes of requests of the particular complaint and the request to the Patent Office will influence each other. At the end, the author presents issues of premises of registration capacity both trade marks and industrial models and premises for declaration of expiry of protection rights for a trade mark. In this respect he gives particular attention to the necessity for application by courts not only the regulations of the presently in force act Industrial property law, but also already repealed provisions of the said act as well as repealed other laws. The author explains that statutory conditions of registration capacity of industrial property rights should be applied according to laws in force at the date of application for protection of the given exclusive right.
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Floyd, R. E. "Intellectual Property Law for Engineers and Scientists." IEEE Transactions on Professional Communication 48, no. 1 (2005): 113–14. http://dx.doi.org/10.1109/tpc.2004.843306.
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Syafrinaldi, Rani Fadhila, and David Hardiago. "Trips Agreement Dan Standarisasi Hukum Perlindungan Hak Kekayaan Industri Di Indonesia." UIR Law Review 5, no. 1 (2021): 19–29. http://dx.doi.org/10.25299/uirlrev.2021.vol5(1).6992.
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Trade Related Aspects of Intellectual Property Right Agreement 1995 (TRPS Agreement) is an international provision in the field of intellectual property rights protection that applies universally. Indonesia as a country of law, has all laws relating to the protection of intellectual property rights with reference to the TRIPS Agreement. The TRIPS Agreemnt formulation must also refer to the Paris Convention For the Protection of Industrial Property, 1883 which has been recognized as the legal basis for the protection of intellectual property rights globally. Protection of industrial assets consisting of Patents, Trademarks, Trade Secrets, Industrial designs, Protection of Plant Varieties and Layout Designs of Integrated Circuits must be carried out by the state towards the holders of the said industrial property rights
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Dobrovoljc, Helena. "Brand names between the rule of orthography and rule of law: to break the law or thwart language norms?" Linguistica 53, no. 2 (2013): 173–84. http://dx.doi.org/10.4312/linguistica.53.2.173-184.
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The article presents the divergence between legal norms and rules of orthography with regard to respect for industrial property. In line with international guidelines, the Slovene Industrial Property Act (ZIL-1) endows the owner of industrial property or a brand name with the exclusive right to its use, thus enabling the owner to prohibit its inappropriate use or demand its unmodified use. On the other hand, industrial product names are also linguistic entities, facts submitted to the rules of language use, changeand transformation. Frequently used names begin to be used in forms that differ from the original forms, a phenomenon that is related to the natural modification of the identification function of the original name. If such forms acquire a generic character their syntactic position is changed (they no longer appear as attributives), the initial letteris no longer capitalised (Kalodont > kalodont), and often the forms are phonetically adapted to the borrowing language (Cognac > konjak). As sources of information about the state of language use, language reference works present the names in these newforms. In light of the fact that brand name owners view generic use as illegal, such owners are legally bound to dispute the otherwise authentic representation of language data in language resources. Lexicographers all over the world are faced with lawyers telling lexicographers which form is allowed to be included in the dictionary (Landau 2001:405407). In Slovenia, we are currently dealing with a legal-orthographic dilemma regarding the use of the names Teflon, Aspirin and Cognac.
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Abdul Hadi Atim Muhammad, Zbida. "LEGAL PROTECTION FOR INDUSTRIAL INVENTIONS IN THE UNIFIED PATENT LAW OF THE GULF COOPERATION COUNCIL COUNTRIES." International Journal of Advanced Research 10, no. 09 (2022): 73–77. http://dx.doi.org/10.21474/ijar01/15324.
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In the past years, the world witnessed great interest in intellectual and industrial property, due to the huge technological and industrial development revolution that the world witnessed, and the great and developing countries raced to own it. This led to the issuance of international agreements regulating intellectual and industrial property in its various forms, especially inventions With the issuance of Arab national legislation regulating rules that protect inventions, Therefore, the research article aimed to identify the rules of legal protection for industrial inventions in the unified law of the countries of the Gulf Cooperation Council. By following the comparative analytical descriptive approach, the study reached several results, the most important of which is the existence of legal rules regulating inventions and protecting the patent owner. The most important recommendations were the need to encourage the authoring and publishing of legal literature concerned with industrial property.
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Pollard, Bryn. "Modernisation and strengthening of the industrial property systems of CARICOM states." Commonwealth Law Bulletin 11, no. 4 (1985): 1438–41. http://dx.doi.org/10.1080/03050718.1985.9985836.
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Koval, Iryna. "Grounds and methods of systematization of legislation of Ukraine in the field of intellectual property." Theory and Practice of Intellectual Property, no. 5 (November 17, 2021): 119–27. http://dx.doi.org/10.33731/52021.244530.
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Keywords: intellectual property law; systematization of legislation, codification,copyright, industrial property law
 The article is sanctified to researchof the modern state of the legislative regulation of intellectual property relations inUkraine and the ways of its improvement in the direction of systematizing the relevantlegislation. Scientific approaches to determining the place of intellectual propertylaw in the legal system of Ukraine are considered. It is shown that now in Ukrainethere is a unique model of legislative regulation of these relations, which includes 3levels: the Civil Code of Ukraine, the Economic Code of Ukraine, special laws regulatingthe protection of rights to inventions, utility models, industrial designs, trademarks,and other objects. Such division of legislative acts is based on different volumeand subject of regulation of legislative acts. As a result of undertaken a study andtaking into account foreign experience two alternative ways of codification of legislationare certain in the field of intellectual property: within the limits of operating theCivil code of Ukraine and Economic code of Ukraine taking into account the differentiationof the subjects of its regulation, or in the direction of individual codifications ofcopyright and industrial property law as institutions intellectual property law. It issubstantiated that the second way has significant advantages over the unified (general)settlement of relations in the field of spiritual and scientific and technical creativitysince it takes into account the essential specifics of these two components of intellectualproperty law, which is due to the difference in the subjects of their regulation.Guidelines for choosing the appropriate direction of codification are proposed.
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Kozhevina, O. V. "Civil Liability for Violation of Industrial Property Rights." Actual Problems of Russian Law 16, no. 9 (2021): 66–75. http://dx.doi.org/10.17803/1994-1471.2021.130.9.066-075.
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The paper deals with conceptual issues of legal liability, in particular civil liability, in the field of industrial property. It is noted that the institution of legal responsibility is subject to new theoretical and legal comprehension due to its interdisciplinarity and intersectoral nature. The author argues that the origins of the problem of legal responsibility for violation of rights to intellectual property, including industrial property, come from social and legal responsibility, provided we rely on the positive component of legal responsibility. The author examines the types of civil liability for violation of rights to industrial property objects and determines topical problems of protection of industrial property rights. The paper focuses on the issue of legal responsibility in the field of intellectual property created by artificial intelligence. Intellectual property rights are subject to protection both according to the standard procedure and special rules. In judicial practice, the compensatory nature of civil liability is applied to the infringement of intellectual rights, as evidenced by the proceedings of the court case in the framework of the arbitration process concerning the refusal to compensate for losses in the form of lost profits. The law does not provide for the list of admissible evidence (legal test), on the basis of which the fact of violation of intellectual property rights is established.
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Kronda, O. Y., and O. M. Zosymenko. "Intellectual property in Ukraine during martial law." Analytical and Comparative Jurisprudence, no. 4 (November 27, 2022): 104–8. http://dx.doi.org/10.24144/2788-6018.2022.04.19.
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The article is devoted to research of intellectual property in Ukraine under martial law. The authors of the article focus on the fact that intellectual property is one of the areas that helps the country develop economically in such an extremely difficult time, and pass the challenges with dignity, step by step.
 The authors establish that appropriate management of the intellectual property portfolio under martial law is particularly relevant to avoid future problems with potential litigation. It is also substantiated that it is important to keep data for the protection and enforcement of intellectual property rights in Ukraine in the post-war economy.
 The article highlights that Ukrpatent, which performs the functions of the National Intellectual Property Body in the field of intellectual property, keeps working in difficult conditions, providing the necessary functions and continuous operation of the state system for intellectual property legal protection. Based on the analysis of data from Ukrpatent, it is noted that the number of registered industrial property rights for the 1st half of 2022 compared to the 1st half of 2021 is 75.2%.
 The authors analysed the latest changes in the legislation on intellectual property under martial law, which give grounds to believe that intellectual property continues to develop. It is also noted that there is a strengthening and implementation of European integration processes in the area of intellectual property. Ukraine actively continues to develop the relevant direction.
 The authors conclude that despite the extremely difficult conditions in various spheres of social life under martial law, laborious legislative activity in the field of intellectual property continues. Providing further functioning of the mechanisms of intellectual property rights protection and their progressive improvement under martial law with the support of friendly countries and the international community is aimed at strengthening and implementing European integration processes in Ukraine.
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Mekhmonov, Kambariddin. "CONCEPT AND ESSENCE OF INDUSTRIAL PROPERTY RIGHT." Jurisprudence 2, no. 5 (2022): 31–43. http://dx.doi.org/10.51788/tsul.jurisprudence.2.5./xtfq2695.
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The article analyzes the civil law regime of industrial property objects. The proposed study gives a complete picture of the objects of industrial rights, the content of the legal regime, trends in the development of relations related to objects of industrial property. In recent years, the trend of creating intellectual property in Uzbekistan and issuing documents of legal protection (patents) shows the lack of legal protection for the right holder. At the same time, the conditions for the patentability of industrial property objects, and the complexity of the conditions for issuing a title of protection make it difficult to implement legal protection. In exercising their rights, right holders inefficiently use the opportunities to protect not only national legislation but also international legal norms. An analysis of the legal regime of industrial property objects shows that these objects in Uzbekistan can be adequately protected by the use of specific legal measures and mechanisms. For the legislative settlement of these issues, it is necessary to bring the legislation of Uzbekistan in the field of intellectual property in line with international requirements and ensure the protection of the right to objects of industrial property. The author firmly adheres to the position that the main direction in the search for a legal solution to these issues should be the use of information technology and artificial intelligence. But it is too early to recognize the legal personality of artificial intelligence. The article also explores the scientific views of scientists, the strategy of the legislation of the Republic of Uzbekistan in the period of innovative development, and the settlement of disputes over inventions. In conclusion, the author draws certain conclusions.
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Ghabooli Dorafshan, Sayyed Mohammad Hadi, Sayyed Mohammad Mahdi Ghabooli Dorafshan, and Mostafa Bakhtiarvand. "INTELLECTUAL PROPERTY LICENSES AND ASSIGNMENTS IN IRANIAN LAW: FROM TRADITIONAL RULES OF CONTRACT LAW TO NEW NECESSITIES OF MODERNISATION." IIUM Law Journal 30, no. 1 (2022): 165–94. http://dx.doi.org/10.31436/iiumlj.v30i1.690.
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Assignments and licenses of intellectual property rights have become very common and important in the Iranian economy. Due to this development, the legal system needed to undergo reforms to cater to the specific characteristics of these types of contracts. To achieve this, the Iranian legislator has attempted to provide a number of articles in the main laws concerning intellectual property agreements. Two bills concerning industrial property and literary and artistic property have been drafted which include several provisions in this regard. This descriptive-analytical article intends to introduce licenses and assignments of intellectual property rights in Iran and explain the rules applicable to them in order to provide a basis for further studies on this topic. The findings of this study show that the attempts made by the Iranian legislators to regulate the assignments and licenses of intellectual property rights, although valuable, are not perfect and thus, it is recommended that specific provisions are enacted to deal with different aspects of those contracts. Until the legislator takes that step, where necessary, such contracts are governed by the general rules of traditional contracts which originate from the rich sources of Imamiah jurisprudence and legal doctrine.
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Uvarov, А. О. "Subjects of the constitutional right to own, use and dispose." Uzhhorod National University Herald. Series: Law, no. 64 (August 14, 2021): 165–69. http://dx.doi.org/10.24144/2307-3322.2021.64.31.
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The article is devoted to the study of the subjects of the constitutional right to own, use and dispose of the results of their intellectual activity. It is established that the range of subjects of the constitutional right to own, use and dispose of the results of their intellectual activity are: subjects of copyright (authors of works, their heirs and persons who have acquired the rights to works in accordance with the contract or law); performers of works, their heirs and persons who have acquired related rights in accordance with the contract or the law on performances; producers of phonograms, their heirs (successors) and persons to whom related property rights in relation to phonograms have been legally transferred; videogram producers, their heirs (successors) and persons to whom related property rights in relation to videograms have been legally transferred; broadcasting organizations and their successors (subjects of related rights); author of a scientific discovery; subjects of intellectual property rights to an invention, utility model, industrial design (inventor, author of an industrial design; other persons who have acquired rights to an invention, utility model and industrial design under contract or law); subjects of intellectual property rights to the layout of the semiconductor product (author of the layout of the semiconductor product; other persons who have acquired the rights to the layout of the semiconductor product under the contract or law); subjects of intellectual property rights to the innovation proposal (the author of the innovation proposal and the legal entity to which the proposal is submitted); subjects of intellectual property rights to a plant variety, animal breed (author of a plant variety, animal breed; other persons who have acquired intellectual property rights to a plant variety, animal breed under contract or law; natural and legal persons who are subjects intellectual property rights to a trademark, individuals and legal en-tities that are subjects of intellectual property rights to a commercial name. Emphasis is placed on the independence of copyright and ownership of the material object (material carrier), which is manifested through: 1) the content of personal non-property rights and property rights of the subject of copyright; 2) ownership of a material object (possession, use and disposal).
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Begova, Tamila. "Main ways of using intellectual property." Law and innovative society, no. 2 (17) (December 30, 2021): 192–96. http://dx.doi.org/10.37772/2309-9275-2021-2(17)-26.
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Problem setting. Today, very relevant is the question of commercialization of intellectual property. A necessary prerequisite is for profit is to use the property, putting it into circulation. All intellectual property rights can be divided into the following categories: industrial property; innovative intellectual property; objects of copyright and related rights. Analysis of recent researches and publications. Among the existing problems in the field of transfer of intellectual property rights, the imperfect level of regulation of the peculiarities of the legal forms of transfer of these rights occupies a significant place. Normative regulation is limited to the general provisions on classical contractual constructions. Problems of legal regulation of contractual relations in the field of intellectual property are covered in the scientific works of V. Kryzhna, V. Milash, O. Yavorska, I. Yakubivsky and others. The issues of the place of such agreements among civil law or commercial agreements, the division of agreements in the field of intellectual law according to various criteria, the state registration of these agreements and other aspects are studied. Target of the research. The purpose of this research is to identify and make proposals to current legislation in certain areas. Article’s main body. Analysis of civil law gives grounds to argue that all objects of intellectual property rights can be divided into the following types: 1. Objects of industrial property (inventions, utility models, industrial designs, trademarks or marks for goods and services, geographical indications, brand names); 2. Non-traditional objects of intellectual property (plant varieties, animal breeds, layout (topography) of integrated circuits, trade secrets, scientific discoveries, innovation proposals); 3. Objects of copyright and related rights (literary works, works of art, computer programs, data compilation, performance, phonograms and videograms, programs of broadcasting organizations). Legislation provides for the main ways of using an invention, utility model or industrial design in the field of management. These include: 1) manufacture, offer for sale, introduction into commercial circulation, use, import or storage for the specified purpose of a product protected in accordance with the law; 2) application of a method protected in accordance with the law, or offering it for use in Ukraine under the conditions provided by the Central Committee of Ukraine; 3) offering for sale, introduction into economic (commercial) circulation, use, import or storage for the specified purpose of a product manufactured directly in a manner protected in accordance with the law. Conclusions and prospects for the development. The article is devoted to the main issues of legal support the use of intellectual property. The author analyzes the legislation on intellectual property rights, the legal nature of the concept of «use of intellectual property», and its shape. The proposals regarding the species forms of the use of intellectual property and formulated proposals for further improvement of legislation in this area. In particular, the legal form of the use of intellectual property by the following attributes: 1) agreement on the introduction of the authorized capital property rights to intellectual property; 2) contracts for manufacturing application of intellectual property; 3) agreement on the distribution of property rights to intellectual property between the employee and the employer; 4) contracts for the disposal of property rights to intellectual property; 5) other contracts that do not contradict the laws of Ukraine. This attention is focused on the fact that not solved the possibility of commercialization of intellectual property created by public research institutions financed from the State Budget of Ukraine.
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Labetubun, Muchtar A. H. "ASPEK HUKUM PERLINDUNGAN DESAIN INDUSTRI KERAJINAN KERANG MUTIARA DALAM PEMBERDAYAAN USAHA KECIL DI KOTA AMBON." SASI 17, no. 2 (2011): 23. http://dx.doi.org/10.47268/sasi.v17i2.351.
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Agenda Intellectual Property Rights in particular the actual industrial designs among other things how the autonomous regional government can develop the potential of intellectual property rights owned by the community. Various potential intellectual property rights in the form of knowledge, skills and wisdom of local characteristics such as shellfish Craft Pearls can be protected and utilized for the greater good of society and regions. One potential intellectual property rights in the city of Ambon is the pearl handicraft products, therefore diligence pearl mussels need IPR protection and utilization of industrial design, especially for the greater public interest, especially Maluku Ambon City. Protection of industrial designs pearl handicraft products of the designers have not registered industrial design rights because many of those who do not know the first to file registration system adopted Industrial Design Law No. 31 of 2000, so that n Trademark Copyright protection of intellectual property as an alternative to Craft Shells Of Pearls .
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WEI, GEORGE. "Multimedia and Intellectual and Industrial Property Rights in Singapore." International Journal of Law and Information Technology 3, no. 3 (1995): 214–72. http://dx.doi.org/10.1093/ijlit/3.3.214.
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Koval, Iryna. "Grounds and methods of systematization of legislation of Ukraine in the field of intellectual property." Theory and Practice of Intellectual Property, no. 5 (December 29, 2022): 109–14. http://dx.doi.org/10.33731/52022.270914.
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Keywords: intellectual property law; systematization of legislation, codification,copyright, industrial property law
 The article is sanctified to research of the modern state of the legislative regulation of intellectual property relationsin Ukraine and the ways of its improvement in the direction of systematizingthe relevant legislation. Scientific approaches to determining the place of intellectualproperty law in the legal system of Ukraine are considered. It is shown that now in Ukraine there is a unique model of legislative regulation of these relations, which includes 3 levels: the Civil Code of Ukraine, the Economic Code of Ukraine,special laws regulating the protection of rights to inventions, utility models, industrialdesigns, trademarks, and other objects. Such division of legislative acts isbased on different volume and subject of regulation of legislative acts. As a resultof undertaken a study and considering foreign experience two alternative ways ofcodification of legislation are certain in the field of intellectual property: withinthe limits of operating the Civil code of Ukraine and Economic code of Ukraineallow for the differentiation of the subjects of its regulation, or in the direction ofindividual codifications of copyright and industrial property law as institutions intellectualproperty law. It is substantiated that the second way has significant advantagesover the unified (general) settlement of relations in the field of spiritualand scientific and technical creativity, since it takes into consideration the essentialspecifics of these two components of intellectual property law, which is due tothe difference in the subjects of their regulation. Guidelines for choosing the appropriatedirection of codification are proposed.
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Samolovova, Nina. "Protection of intellectual property rights in Ukraine: design solution." Theory and Practice of Intellectual Property, no. 5 (December 29, 2022): 44–53. http://dx.doi.org/10.33731/52022.270784.
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Keywords: objects of intellectual property rights, trademark, utility model, copyrightand/or related rights, industrial design, unregistered industrial design, utilitymodel, commercial name
 The law of the fashion industry is a branch of law that regulates publicrelations arising in connection with activities related to products of the light andcosmetic industries. Creative products, such as fashion designs expressed in products,may be protected as intellectual property rights. A design solution embodied in a particularproduct may be protected by one or more intellectual property institutions.Design solutions in the field of fashion are not directly defined in the legislation,but their properties are reflected in the features of various objects of intellectual propertyrights. The design solution embodied in the product may include copyright, industrialdesign, utility model, trademark, geographical indication, trade name. However,if the product contains several objects of intellectual property rights at once, theauthor currently registers not all, but one/two due to the cost of registration (obtaininga certificate or patent). There is an example of a bag given in the article, whichshows how protection for an industrial design and a trademark can be received immediately.But there is no procedure for providing protection by design solutions.For comprehensive protection of a design solution in the system of cross-borderprotection of intellectual property rights, foremost it is necessary to introduce the conceptof «design solution» by law. Furthermore, since design solutions in the fashion industryare seasonal and short-term, the law should give «accelerated preferentialtreatment» to design solutions in the fashion industry. This means that, after a designdecision is registered, it is protected for one year. After one year, the designerspay the fees to officially register the intellectual property rights. This way, the designerscan understand the relevance and purchasing power of the goods and avoid payinghigh fees to register intellectual property rights.
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Čelić, Duško. "Restrictions on property rights on immovable cultural heritage." Zbornik radova Pravnog fakulteta, Novi Sad 55, no. 4 (2021): 545–69. http://dx.doi.org/10.5937/zrpfns55-31525.
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The paper presents the specific legal nature of cultural goods and, from that aspect, the specific and numerous restrictions on property rights. As a special kind of object, which have special quality, functions and purpose in society, cultural goods are the object of a special property law arrangement. Such, especially property related regulation, in the case of cultural goods, is the result of the coexistence of individual ("private") and public (social) interest in preserving cultural heritage as a general good of society. Restrictions on property rights on immovable cultural heritage, represent a specific concretization of the social attachment of property rights. As the main source of cultural property rights in the Republic of Serbia, the Law on Cultural Heritage, passed more than a quarter of a century ago, regulates the area of property rights on cultural goods incompletely and imprecisely, even in conflict with later regulations, the Constitution and the Law on Public Property. Numerous provisions on the rights and obligations of the owners of immovable cultural property are incomplete and imprecise and guarantees of property rights are insufficient. The paper also raises the issue of cultural property rights and property restrictions on immovable cultural heritage, which are at the same time worship temples, whose owners and users are churches and religious organizations (res sacrae). It is necessary to adjust the property restrictions of the owners of these immovable cultural heritage, to the specific needs of churches and religious organizations, as well as to further limit the possibility of encroachment on the right of ownership by public authorities.
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Shakhnazarov, B. A. "The System of Legal Regulation of Cross-Border Relations in the Field of Industrial Property: Terminological Aspects." Actual Problems of Russian Law 16, no. 7 (2021): 110–24. http://dx.doi.org/10.17803/1994-1471.2021.128.7.110-124.
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The paper discusses the terminological aspects of the system of legal regulation of cross-border relations in the field of industrial property. The use of the term “cross-border relations” does not in itself imply the overcoming of the territorial principle of industrial property protection. Transboundariness as a characteristic of private-law relations, which presupposes a complication of the relationship by a foreign element, means the presence of any connection between the relationship (through a subject or legal fact in the case of cross-border relations in the field of industrial property) with the legal order of several states. It is proposed to define industrial property as rights (exclusive and personal non-property) related to intellectual property in the production-technical and production-trade areas. The system of legal regulation of cross-border relations in the field of industrial property is defined by the author as a coherent group of norms consisting of interrelated and interdependent principles of protection of industrial property (universal, general object and special object), other international and national substantive legal and national conflict-of-laws norms subordinate to these principles, as well as individual norms of non-state nature, subordinate to all the specified legal norms, regulating relations complicated by a foreign element regarding the emergence, use, transfer, restriction, termination, protection of rights to industrial property. In this case, a foreign element in a legal relationship can be represented by the subject, as well as by a legal fact: the place of violation of the right to the industrial property object, the place of execution of the formalities necessary for the protection of the industrial property object, as well as the place of occurrence of the consequences of harm caused by the violation of rights to intellectual property object.
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Yakubivskyi, I. Е. "THE OBJECTS OF PATENT LAW." Constitutional State, no. 43 (October 26, 2021): 112–21. http://dx.doi.org/10.18524/2411-2054.2021.43.240988.
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In the circumstances of development and functioning of the innovative model of economy, and necessity of creation and introducing of new technics and advanced technologies in manufacture the patent law is of a great importance in the intellectual property law system. The issue of patent law has repeatedly been the subject of researches in the national civil law science, but the question of its objects still remains unresolved. Therefore, the task of this article is to determine the range of the objects protected by patent law, as well as to describe their features. The article draws attention to the existence of different approaches to understanding the concept of «patent» in national legislation and international acts. The invention is analyzed as the most important object of patent-law protection. The inexpediency of defining the invention and its objects by pointing to all fields of technology is emphasized. Regarding to the utility model, the latest legislative changes in the definition of its objects are analyzed, as well as, some considerations are expressed regarding the prospects of introducing the criterion of inventive step for it. As for the industrial design, taking into account the latest changes in the legislation in this area, it is stated that it is inexpedient to refer it to the objects of patent law. It is argued that a plant variety and a breed of animals as the results of selection cannot be attributed to the scope of patent law. It is emphasized that patent law should not be equated with industrial property law – the latter is a broader concept, which, in addition to the objects of patent law, also includes other categories of objects (industrial designs, trademarks, geographical indications, etc.). It is concluded that the objects of patent law are inventions and utility models. In this regard, it is proposed in the process of recoding the rules on industrial designs to be allocated in a separate chapter of the Civil Code of Ukraine.
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Berdnik, I. V. "INTERNATIONAL PRINCIPLES OF CRIMINAL AND LEGAL PROTECTION OF INTELLECTUAL PROPERTY OBJECTS." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2022, no. 1 (2022): 7–17. http://dx.doi.org/10.32755/sjcriminal.2022.01.007.
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The article is devoted to issues of international legal principles in the field of implementation and protection of intellectual property objects in the aspect of influence on the processes of law enforcement and law-making in the field of criminal law of domestic legal systems. It is determined that the following are important for the criminal protection of intellectual property rights: the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), the Convention on Cybercrime, the Paris Convention for the Protection of Industrial Property, the Berne Convention for the Protection of Literary and Artistic Works, the Hague Agreement Concerning the International Registration of Industrial Designs, the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration to them, and others. The relevance of this issue is due to the fact that, taking into account the processes of globalization of the world economy, as well as the process of integration of the legal systems of the countries of the world, the study of the international principles of criminal and legal protection of intellectual property is of great importance at the current stage of Ukraine’s development. The author determines that the concept of “intellectual property” should be understood as a type of property as a generic concept. Based on the analysis of the norms of international acts on the criminal protection of intellectual property rights, a number of problems have been identified that must be resolved in legislation, as well as legal science and practice. These problems include: 1) the problem of determining in which sections of the criminal codes the norms establishing criminal liability for infringement of intellectual property rights should be located. It is proposed to combine the norms establishing criminal liability for infringement of intellectual property rights into one section “Criminal offenses against intellectual property” in the Criminal Code of Ukraine; 2) the problem of determining which objects of intellectual property should be protected by the norms of criminal law. Key words: criminal liability, intellectual property, criminal legal protection, World Intellectual Property Organization, European Union.
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Potkina, Irina V. "SUCCESSION OF COMMERCIAL AND INDUSTRIAL PROPERTY IN LATE IMPERIAL RUSSIA: LAW AND PRACTICE." Ural Historical Journal 72, no. 3 (2021): 116–24. http://dx.doi.org/10.30759/1728-9718-2021-3(72)-116-124.
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The article deals with some issues of elaboration of the most important part of civil laws connected with property relations in the field of entrepreneurship. In the early 19th century, Russia was in the process of forming corporate legislation, which put the empire on a par with the advanced Western European countries from this point of view. That fact contributed to the broader development of entrepreneurship, which could legally be carried out in various forms. At the same time, work was carried out on the improvement of such a legal category as the institution of property, on rethinking and generalization of the previous national experience. The legislative activity of the government in the second half of the 19th century focused on the problems of adapting the current norms of law to the peculiarities of the socio-economic development of the country, as well as filling the gaps caused by the abolition of serfdom. The article shows the implementation of legal norms in everyday commercial life using the typical examples of some Russian and foreign joint-stock companies. Ultimately, Russia’s legislation was brought in line with the norms in force in this area in Western European countries. Based on the factual material, contained in various published sources and archival documents, the author concludes that Russian laws created favorable conditions for entrepreneurial activity and ensured the protection of the property rights of merchants and manufacturers, allowing them to maintain succession in business legal relationship.
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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 criminal law. The normative method was chosen because of the object of the study on the principles of law, theories, and doctrines of jurisprudence. The results of this study show that although Indonesia's IPR index score increased in 2019, it's global ranking declined. This means that despite increases in scores, Indonesia's IPR enforcement tends to be stagnant when compared to other countries. The IPR-related Act can be combined into an omnibus law. The aim is to simplify the laws of Patents, Trademarks, Copyrights, Industrial Designs, Layout Designs of Integrated Circuits, and Communal Investment Credit which greatly affect the economy and investment in Indonesia.
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Grynchuk, Vladyslav. "Protection of industrial property rights in the context of patent legislation reform." Theory and Practice of Intellectual Property, no. 5 (December 29, 2022): 35–43. http://dx.doi.org/10.33731/52022.270783.
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Keywords: protection of rights, intellectual property; patent, industrial design, invention,utility model, appeals chamber, patent trolling
 The right of intellectual property is the leading drivingforce of the economy of any state; therefore its legal protection requires proper legalregulation and constant improvement through the adoption of new laws, amendmentsto current legal acts, and the introduction of innovations in judicial activity.On 21.07.2020, Ukraine adopted the Law of Ukraine «On Amendments to CertainLegislative Acts of Ukraine on Strengthening the Protection and Protection of Rightsto Marks for Goods and Services, Industrial Designs and Countering the Abuse of Patents» and the Law of Ukraine «On Amendments to some legislative acts ofUkraine regarding patent legislation reform». These laws were important steps in thefield of legal protection of intellectual property.These laws essentially complete the procedure for updating legislation in the fieldof industrial property. They have positive features, but also have some disadvantages.The article is devoted to the consideration of the peculiarities of the protection ofindustrial property rights in the context of reforming legislation in the field of intellectualproperty. The publication emphasizes that today in Ukraine there are a significantnumber of cases of violation of intellectual property rights, which cause significantdamage not only to the rights holders, but also to the state as a whole. Despitethe positive changes in legislation in the field of industrial property protection madein recent years, it should be emphasized the presence of certain shortcomings andcontradictions in the legal regulation of the procedure for acquiring and protectingrights to inventions, useful models and industrial objects. Projects, which is primarilydue to the lack of necessary changes regarding the implementation of legislativenorms at the sub-legal level. It is noted that measures to ensure the effective protectionof intellectual property rights should be directed not only by the state and its bodies,the main role in this should be played by the activities of the right holders themselvesin monitoring the observance of their rights and preventing violations.
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Sotta, Paul, Pierre-Antoine Albouy, Mohammad Abou Taha, Benoit Moreaux, and Caroline Fayolle. "Crosslinked Elastomers: Structure–Property Relationships and Stress-Optical Law." Polymers 14, no. 1 (2021): 9. http://dx.doi.org/10.3390/polym14010009.
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We present a combination of independent techniques in order to characterize crosslinked elastomers. We combine well-established macroscopic methods, such as rheological and mechanical experiments and equilibrium swelling measurements, a more advanced technique such as proton multiple-quantum NMR, and a new method to measure stress-induced segmental orientation by in situ tensile X-ray scattering. All of these techniques give access to the response of the elastomer network in relation to the crosslinking of the systems. Based on entropic elasticity theory, all these quantities are related to segmental orientation effects through the so-called stress-optical law. By means of the combination of these techniques, we investigate a set of unfilled sulfur-vulcanized styrene butadiene rubber elastomers with different levels of crosslinking. We validate that the results of all methods correlate very well. The relevance of this approach is that it can be applied in any elastomer materials, including materials representative of various industrial application, without prerequisite as regards, e.g., optical transparency or simplified formulation. Moreover, the approach may be used to study reinforcement effects in filled elastomers with nanoparticles.
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Smith, Bonnie G., and Lee Holcombe. "Wives and Property: Reform of the Married Women's Property Law in Nineteenth-Century England." Labour / Le Travail 15 (1985): 250. http://dx.doi.org/10.2307/25140599.
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