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1
Indirakirana, Ayu, and Ni Ketut Millenia Krisnayanie. "UPAYA PERLINDUNGAN HAK CIPTA KONTEN YOUTUBE WNA YANG DIJIPLAK OLEH WNI DALAM PERSPEKTIF BERN CONVENTION." Ganesha Law Review 3, no. 2 (July 1, 2021): 85–96. http://dx.doi.org/10.23887/glr.v3i2.444.
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Intellectual Property Rights are rights relating to property arising from human intellectual abilities. This ability can be in the form of works in the fields of technology, science, art and literature. The development of technology today is very supportive of the development of a person's creative work which is increasingly diverse with high creativity. One of the media that is currently widely used is youtube. Video uploaded on social media youtube is one of the copyrighted works protected by copyright by law, namely Law Number 28 of 2014 concerning Copyright. However, in practice there are still frequent violations of video copyright works which are the property of an author. One of the violations that often occurs is the plagiarism of foreign YouTube content by Indonesian citizens. Plagiarism of other people's work of YouTube content is a copyright infringement. Copyright is an important topic for the YouTube community. Intellectual Property Rights are so important in relations between nations, they are closely related to international trade.
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Díaz Noci, Javier. "Intellectual property and transmedia informative products: A comparative, transnational legal analysis." Hipertext.net, no. 20 (May 28, 2020): 31–39. http://dx.doi.org/10.31009/hipertext.net.2020.i20.03.
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Transmedia products are becoming a usual practice in media, and they incorporate both professional contributions and user-generated contents. From this point of view, we propose a legal, comparative and transnational approach to the legal implications of copyright laws to transmedia products. We focus on news items and informative products. Participative or citizen journalism, fan fictions, which appeared in several media, has developed the so called transmedia narratives, and the law necessarily faces some problems derived from their particularities. Since the international trend of copyright is rather aligned with a strong approach which presumes that authors should be remunerated, or receive any compensation, for the successive exploitations of their works, we explain which is the impact of copyright (and, in general terms, intellectual property) in the distribution of both moral and exploitation rights, and more specifically transformation rights and derivative works. The legal trends towards digital single market in Europe, copyright law reforms in the United States and the particular situation of the United Kingdom in this respect will be considered.
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Arini, Desak Gde Dwi, Diah Gayatri Sudibya, and Ni Made Sukaryati Karma. "Technology Transfer Agreement of Multinational Companies in The Framework of Investment Development." Sociological Jurisprudence Journal 4, no. 2 (September 6, 2021): 86–92. http://dx.doi.org/10.22225/scj.4.2.2021.86-92.
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The regulation of technology transfer to Multinational Companies (PMN) to date still pays attention to the provisions of the Law of the Republic of Indonesia No. 25 of 2007 on Investment, especially Article 2 paragraph 1, in addition to Indonesia has also adjusted the provisions of national laws in the field of economy/trade with the provisions of GATT and WTO that hav been ratified through the Law of the Republic of Indonesia Number 7 of 1994, including adjustments to the provisions of the field of intellectual property rights (IPR) contained in the TRIPs, such as the Law of the Republic of Indonesia No. 14 of 2001 on Patents, The Law of the Republic of Indonesia No. 15 of 2001 on Brands, and the Law of the Republic of Indonesia No. 19 of 2002 on Copyright, and others covered as objects of intellectual property rights (IPR). The role of multinational companies (PMN) in the transfer of technology can be mentioned, among others: As a holding company that can be used for media, containers, information exchange, technology between countries in the international community which is further used, and useful for Indonesia; As a place for investment in order to obtain benefits for Indonesia; and As a place for the application of new technologies to be useful more efficiently and effectively benefit Indonesia, in addition to improving international economic trade.
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Akhmadullina, A. F. "Civil and Legal Significance of Social Media Accounts." Lex Russica 75, no. 12 (December 22, 2022): 130–44. http://dx.doi.org/10.17803/1729-5920.2022.193.12.130-144.
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The paper reveals the features and civil legal significance of accounts in social networks. It is proved that an account in a social network is characterized by features of an object of civil rights: the ability to satisfy private property and personal non-property interests of subjects; discreteness; legal binding; the presence of a normative and functional connection with the civil law system. It is shown that the integration of accounts into the civil law system occurs at the following levels: 1) the civil legal personality of the account holder; 2) the civil legal grounds for acquiring the right to an account in a social network; 3) the civil legal essence of actions to use the account, the production of «administrative» acts; 4) the civil legal regime of the results of intellectual activity and means of individualization that arise within the framework of the functioning of the account; 5) the civil consequences of using the account, varying depending on the specifics of the actions of the subject; 6) civil legal ways to protect the rights to the account and to protect the information contained therein; 7) civil liability applied in case of violations of the rights of account holders or their commission of offenses. The author supports the thesis on the application of the principles of civil law in interaction with the principles of information law in the system of legal relations arising from the use of the account. The differentiation of the legal status of the account holder (user) in the context of relative and absolute legal relations is shown. The features of the turnover of the account are determined, the instrumental value of the account as a legal means of achieving the goals of the subjects is revealed. The author identifies some problems of legal guarantee of property and non-property interests of users in the case of application of public law restrictive measures to social networks. The paper raises a question on the need for international legal regulation of relations in the field of cross-border functioning of social networks. The author makes a conclusion about the peculiarities of the civil law regime of accounts in social networks and substantiates the necessity of using contractual instruments to ensure the property and non-property interests of account holders.
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Sootak, Jaan. "Dear reader,." Juridica International 28 (November 13, 2019): 1. http://dx.doi.org/10.12697/ji.2019.28.00.
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A large proportion of the articles in Juridica International this year is dedicated to criminal law. A paper that truly addresses the issues of legal dogmatics in this field in depth with regard to delict of negligence was contributed by Laura Feldmanis. Raimo Lahti’s article on the criminal liability of a legal person is written from the standpoint of criminal and comparative law, while Frieder Dünkel’s approach to German sanction law should provide plenty of interest and joy of discovery for legal scientists and practitioners alike. Thomas Weigend’s submission, in turn, takes a rather unique look at the material element in criminal law and criminal procedure. He focuses his attention on truth and values. Andres Parmas has considered Estonian criminal law in relation to the dogmatics of international criminal law. All of these articles are an outgrowth of presentations made at a jubilee conference that took place at the University of Tartu. I would like to take the opportunity here to thank everyone who participated in the conference – especially, of course, the speakers. In addition, two articles on medical law had their beginnings in presentations at the conference. One of them, by Henning Rosenau, is squarely in the domain of classic medical law, bringing together discussion of human rights and of issues connected with reproductive medicine. The other medical-law article, by Henning Lorenz, draws particular attention to an addition to German criminal law that has made waves (and met a lot of criticism) in the fields of criminal law, medical law, and legal policy in general: criminalising assisted suicide. This topic has been subject to intense discussion also in the media of Estonia and other countries. I can happily say on behalf of both myself and the editorial board that, at the same time, the new issue offers plenty to read also for those less interested in criminal and medical law. Self-driving cars are a matter of interest not only to engineers but also for lawyers. Taivo Liivak’s ‘What Safety are We Entitled to Expect of Self-driving Vehicles?’ considers some of the issues that we will soon face on the streets on a daily basis. Private law is represented in the article ‘A Half-built House? The New Consumer Sales Directive Assessed as Contract Law’. This piece on consumer protection and contract law was submitted by Kåre Lilleholt, who holds the title Doctor Honoris Causa from the University of Tartu. A paper jointly authored by Ilya Ilin and Aleksei Kelli, ‘The Use of Human Voice and Speech in Language Technologies: The EU and Russian Intellectual Property Law Perspectives’, examines the legal protection of intellectual property. The field of constitutional law is represented too, by Ivo Pilving’s presentation of an approach to fundamental rights in the context of European Union law in ‘Parallele Anwendbarkeit von Grundrechtecharta der EU und nationalen Grundrechten’. Still more colours are added to the legal palette by Märt Maarand, with his article ‘The Concept of Recovery of Credit Institutions in the Bank Recovery and Resolution Directive’, and by the paper ‘Is Full Preference for a Secured Claim in Insolvency Proceedings Justified?’, by Anto Kasak.
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Tarasenko, Leonid. "THE LEGAL NATURE OF INTERNET LAW." Visnyk of the Lviv University. Series Law 72, no. 72 (June 20, 2021): 47–54. http://dx.doi.org/10.30970/vla.2021.72.047.
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The article considers the legal nature of Internet law. The opinions of the scholars on the essence of Internet law are studied. It is established that the legal nature of Internet law is not comprehensively understood in the scientific literature. Internet law covers the rules of various branches of law as well as legislation of different countries, which govern relations on the Internet. It is concluded that the synonyms to Internet law are computer law, cybernetic law and virtual space law. It is also stated that the Internet does not have a single centralized administration and a single set of rules for use. Only technical rules for the use of the address space (Internet protocol, domain names) are centralized. It is proved that Internet law is a complex branch of law, a complex of legal norms contained in the international legal acts, as well as in the national legislation of different countries, other rules that regulate the relations between the participants that arise, change and terminate in the digital environment (on the Internet). In addition, it is argued that Internet law cannot be regarded solely as an institution of private law, because the rules of public law are considered also an important regulator of such relationships. It is established that Internet law contains rules from different branches of law as well as branches of legislation. It is emphasized that the Internet is a worldwide information system for general access, logically linked to the global address space and based on the Internet protocol defined by international standards. The following features of the Internet are highlighted: its technical character, universality, interoperability, availability of universal access for users regardless of location, availability of a logically linked global address space, based on Internet Protocol, the presence of an unrestricted large number of Internet users who seek information, post information on the Internet, exercising other rights on the Internet. Moreover, it is established that the principles of Internet law should include the freedom of expression on the Internet; non-compulsory intrusion into the personal sphere of life of individuals, as well as non-compulsion for misuse of technical knowledge and means of pursuing individual interests; respect for the results of intellectual property used on the Internet; non-competence in using digital media for the dissemination of ideas not permitted by the rest of the world. Consequently, it is argued that Internet law, when regulating relations, shall take into account the purpose of the Internet functioning. It is reported that the Internet performs informational, communication, advertising, commercial, entertaining, social, educational functions. The functions of the Internet determine the scope of the legal regulation of the relations under analysis, and have an indirect impact on the formation of Internet law.
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Kornblum, Elisabeth. "A comparison of self-evaluating state reporting systems." International Review of the Red Cross 35, no. 304 (February 1995): 39–68. http://dx.doi.org/10.1017/s0020860400086460.
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ABSTRACTA self-evaluating state reporting system is a method for implementing international agreements. A self-evaluating state report provides information on the operation and implementation of a treaty regime. Self-evaluating means that a state monitors its own execution of an international agreement in its territory. The information may be submitted to an international institution with a supervisory role or to a technical secretariat.The key tasks of a supervisory international organization are: collecting information and data, receiving reports on treaty implementation by States, facilitating independent monitoring and inspection, and acting as a forum for reviewing the performance of states or the negotiation of further measures and regulations. Such bodies may acquire law-enforcement and law-making functions.This report describes the self-evaluating state reporting systems of the United Nations human rights conventions, the Organization for Economic Co-operation and Development, the International Labour Organisation, the United Nations Educational, Scientific and Cultural Organization, the World Intellectual Property Organization, the disarmament treaties and the environment treaties.There are several characteristics of determining importance for the functioning of a reporting system. In short, these are: the sensitivity of the subject of a treaty; the economic value of the subject; the specificity of the subject; the popularity of the subject in the media; secretarial support; the flexibility of the reporting procedure; a permanent body to which to report; the quality and efficient functioning of the supervisory body; follow-up; admission to an international instrument and the existence of a national monitoring body or procedure.It should be noted that the allocation of sufficient human and financial resources will be essential to the effectiveness of a reporting system.
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Burova, Slavica. "PROTECTION OF BROADCASTER’S RIGHTS WITHIN INTERNATIONAL AND EUROPEAN LEGAL FRAME: SYNTHETIC APPROACH." KNOWLEDGE - International Journal 47, no. 1 (August 16, 2021): 237–42. http://dx.doi.org/10.35120/kij4701237b.
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The right to intellectual property, which regulates the legal relations of creators and titulars, their personal and property rights in relation to their works, the relations of titulars and users and the relations of titulars and those who abuse their rights, has open perspectives for theoretical elaboration, with the need for daily improvement of national and international protection regulations, as well as the mechanisms for their practical implementation.
The enormous impact of copyright and related rights, as a relatively new branch of law, as well as the rapid technological development leading to new techniques, such as broadcasting, which is the transmission of audio and video content to the public via radio, television, or other , often digital media, gave rise to the legal recognition of the rights not only of the authors and performers whose works are broadcast, but also the rights of the broadcasting organizations themselves (radio and television organizations) in relation to the use of their shows.
Within this paper, we will strive to apply broadcasting, as part of the related rights of copyright, the importance and impact of the rights of radio and television organizations, their subject of protection, as well as legal protection, and also regulation of the rights of radio and television organizations under international law and the European Union.Furthermore, the set level of protection of the rights of broadcasters at the international level is taken into account. All this is covered in a broad framework of legislation, ie TRIPS Agreement, Rome Convention and Brussels Satellite Convention. Additionally, the level of protection of broadcasters' rights is described in European context. These are guidelines set in the domain of the Council of Europe, European Union and European Directives.
The main goal of the paper is to draw essential conclusions and recommendations that will be the basis for being efficient through the application of qualitative analysis, more precisely, expressed through the application of content analysis method, comparison method and synthesis method, generalization and specification. Additionally, more it will produce more effective Macedonian legislation in the domain of the expressed issues, through a strategic approach of analysis and implementation.
In the context of the above, the main conclusion and recommendations arising from the paper refer to the fact that the exclusive rights are not absolute but limited by limitations and exceptions to copyright law, including fair use. A major limitation on copyright is that copyright protects only the original expression of ideas, and not the underlying ideas themselves.
It is also important to emphasize that every society needs to find its own explicit way of setting the legal framework in this issue, primarily as a result of existing opportunities and capacities, in terms of resources and technological benefits, which significantly affect of the process of effective implementation.
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Morozova, D. L. "Culture in the context of sanctions: economic and legal aspects." Economics and Management 28, no. 6 (July 22, 2022): 549–62. http://dx.doi.org/10.35854/1998-1627-2022-6-549-562.
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Aim. The presented study aims to comprehensively assess the risks and possible consequences of sanctions imposed by foreign countries for Russian artists and cultural organizations.Tasks. The authors develop an anti-sanction mechanism for all spheres of activity and identify the major areas of the cultural industry that require anti-sanction regulation to reduce risks and costs for the producers of socially significant goods.Methods. This study uses statistical and factual analysis of sanctions that affect the cultural sector both directly and indirectly to comprehensively investigate the economic and legal aspects of the negative impact of sanctions.Results. Opportunities for reducing the import dependence of some sectors (media, technological infrastructure of organizations) are considered; the social phenomenon of cancel culture is assessed in terms of its impact on the further development of art organizations; the essence of the decriminalization of intellectual property offenses is revealed. The study analyzes a set of actions that seem appropriate in the context of sanctions, including the identification of importdependent sectors in the cultural industry, risk insurance, and the application of international law to protect the interests of artists.Conclusions. The obtained results can be used in the further strategy for the import substitution of products and services in the field of culture. Recommendations for the medium term are given.
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Murtiza, Ghulam. "Does Pakistan’s Intellectual Property Law Conform to International Intellectual Property Law? An Overview." Journal of Arts & Social Sciences 7, no. 2 (December 31, 2020): 245–55. http://dx.doi.org/10.46662/jass-vol7-iss2-2020(245-255).
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Piracy and counterfeiting are not a problem of any one country or region but these evils have engulfed the whole world. That’s why in the presence of these evils we are unable to take advantage of the benefits of intellectual property. To eradicate these evils, each country has its own laws in accordance with international intellectual property law. Pakistan also has intellectual property laws. This research seeks to determine whether Pakistan’s intellectual property law is in line with international intellectual property law. For this purpose, an overview of legal and institutional framework for intellectual property in Pakistan and at international level has been taken. This study concludes that Pakistan’s intellectual property law conforms to international standards and the only requirement is that these laws be enforced effectively.
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Boldunov, Ubusha A. "Constitutional Intellectual Property Law: International Law Regulation Aspects." Constitutional and municipal law 6 (June 10, 2020): 64–68. http://dx.doi.org/10.18572/1812-3767-2020-6-64-68.
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Fernandez, Carmen Collar, and Jerry Spolter. "International Intellectual Property Dispute Resolution." Journal of World Intellectual Property 1, no. 3 (November 1, 2005): 555–69. http://dx.doi.org/10.1111/j.1747-1796.1998.tb00021.x.
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Cornish, W. R. "The International Relations of Intellectual Property." Cambridge Law Journal 52, no. 1 (March 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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Arato, Julian. "The Private Law Critique of International Investment Law." American Journal of International Law 113, no. 1 (January 2019): 1–53. http://dx.doi.org/10.1017/ajil.2018.96.
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AbstractThis Article argues that investment treaties subtly constrain how nations organize their internal systems of private law, including laws of property, contracts, corporations, and intellectual property. Problematically, the treaties do so on a one-size-fits-all basis, disregarding the wide variation in values reflected in these domestic legal institutions. Investor-state dispute settlement exacerbates this tension, further distorting national private law arrangements. This hidden aspect of the system produces inefficiency, unfairness, and distributional inequities that have eluded the regime's critics and apologists alike.
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Martinet, Lily. "Traditional Cultural Expressions and International Intellectual Property Law." International Journal of Legal Information 47, no. 1 (2019): 6–12. http://dx.doi.org/10.1017/jli.2019.8.
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This presentation draws on my doctoral research, which was conducted on traditional cultural expressions in international law. This subject still fills me with passion even after having spent many years studying it. To sum up my Ph.D. thesis in a sentence, I studied how international law embraces traditional dances, songs, handicrafts, designs, and rituals. Very diverse fields of laws were relevant for this research, but in the framework of this presentation, the focus was kept on intellectual property. The goal of this presentation was to provide answers to two essential questions. The first question relates to the definition of traditional cultural expressions (I), the second one concerned the reasons underpinning the introduction of this concept in international law (II).
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Lee, Gyooho, and Jong Hyeok Lee. "Guidelines on Intellectual Property and Private International Law of the International Law Association." Korea Private International Law Journal 27, no. 1 (June 30, 2021): 679–710. http://dx.doi.org/10.38131/kpilj.2021.6.27.1.679.
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Newman, Karl, and Catherine Seville. "III. Intellectual Property." International and Comparative Law Quarterly 48, no. 3 (July 1999): 710–16. http://dx.doi.org/10.1017/s0020589300063557.
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This area of law is dominated by the drive towards harmonisation, and a considerable body of legislation and case law continues to be generated. The vision is of investment in creativity and innovation, leading to growth and competitiveness of a wide range of European industries. Significant progress—sometimes unexpected—can be recorded in certain areas, but it should also be acknowledged that the scale of the problems precludes easy solutions in others.
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Frankel, Susy. "Towards a Sound New Zealand Intellectual Property Law." Victoria University of Wellington Law Review 32, no. 1 (March 5, 2001): 47. http://dx.doi.org/10.26686/vuwlr.v32i1.5909.
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This article discusses aspects of New Zealand's intellectual property law and policy. The author examines New Zealand's existing laws and international obligations. The author proposes that New Zealand develop a sound law of intellectual property that honours the Treaty of Waitangi and is of benefit to New Zealanders. She considers a number of aspects of New Zealand's international obligations and demonstrates how New Zealand can develop laws that assist New Zealanders in the fields of science and technology, business and the arts and not contravene our international commitments. The article concludes that New Zealand's intellectual property law should be founded on policies that enhance the development and use of knowledge based assets for New Zealanders.
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Mellor, James, and Daniel Alexander. "Intellectual Property." International and Comparative Law Quarterly 43, no. 1 (January 1994): 212–17. http://dx.doi.org/10.1093/iclqaj/43.1.212.
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Hirimburegama, Yasith Kumara Sannasgala. "INTERNATIONAL INTELLECTUAL PROPERTY LAW: A STUDY ON ‘GYRINOPS WALLA." PEOPLE: International Journal of Social Sciences 1, no. 1 (May 30, 2017): 771–81. http://dx.doi.org/10.20319/pijss.2015.s11.771781.
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Grosse Ruse-Khan, Henning. "The Protection of Intellectual Property and International Investment Law." Journal of International Economic Law 19, no. 1 (March 2016): 87–90. http://dx.doi.org/10.1093/jiel/jgw010.
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Lazíková, Jarmila. "Intellectual Property in Slovakia in the Light of the Present Legal Regulation." EU agrarian Law 3, no. 2 (February 2, 2015): 68–78. http://dx.doi.org/10.2478/eual-2014-0010.
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AbstractThe Civil Law of Slovakia includes more sub-branches of the private law, such as family law, obligation law, property law, law of succession and intellectual property law. The intellectual property law is regulated outside the Civil Code, in special codes and laws. The intellectual property law is one of them. The intellectual property law provides legal protection to various intangible assets which are the results of the creative intellectual activities of individuals. The paper analyses selected legal institutions of the intellectual property law and tries to systematise legal regulations related to the intellectual property on the national level, the level of the European Union as well as international level.
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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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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 (November 1, 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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Morris, P. Sean. "Chorzów Factory – intellectual property and the continuity of international law in investor-state dispute settlement." Queen Mary Journal of Intellectual Property 10, no. 2 (June 9, 2020): 179–99. http://dx.doi.org/10.4337/qmjip.2020.02.02.
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One of the most important cases in the jurisprudence of international law – Chorzów Factory – has a hidden secret, so much so that, even when in plain sight, legal post-mortems of the case fail to mention this well-kept secret. Chorzów Factory was about intellectual property rights, specifically patents and trade secrets, and this narrative has never been fully addressed. When the developments in international investment law and arbitration are fully considered it is worth looking back at Chorzów Factory to associate it with new streams of contemporary investor-state disputes that include issues such as intellectual property rights. Because Chorzów Factory has established the full reparation standard for unlawful expropriation, the standard has enabled a continuity of international law and underscores its importance for contemporary investment arbitration. However, the intellectual property narrative of Chorzów Factory has been neglected, and, in this article, I want to develop the intellectual property narrative of Chorzów Factory and to demonstrate the nexus between fair compensation, intellectual property rights and the continuity of international law.
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Nesheiwat, Faris K. "A Critique of Intellectual Property Research." Arab Law Quarterly 27, no. 1 (2013): 51–69. http://dx.doi.org/10.1163/15730255-12341248.
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Abstract This article is first of its kind in that it provides a survey of intellectual property (IP) literature and suggestions for future research on IP issues for Arab countries using Jordan as a case study. A review of IP literature, which identifies how international scholars perceived the effect of harmonised IP standards on access to common knowledge, is followed by a review of literature pertaining to Jordan. Areas of controversy and questions are identified. Finally, an outline of outstanding questions and gaps in the existing IP literature on Jordan is offered as a template for the creation of future research objectives.
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Kravchuk, Oleksiy, Olha Balynska, Maryan Hurkovskyy, Halyna Savchyn, and Oksana Onyshko. "Development of international law on intellectual property and the legislative reforms in Ukraine." LAPLAGE EM REVISTA 7, no. 3D (October 18, 2021): 647–54. http://dx.doi.org/10.24115/s2446-6220202173d1757p.647-654.
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This article provides an empirical approach of the international states for the development of international law on intellectual property that can further assist for the Ukraine’s legislative reforms in the domain of intellectual property. The significant concerns and opportunities for strengthening intellectual property rights and legal enforcement on the way to European incorporation have been discussed extensively. The findings of the research assist to apply established methods to law and particular government policy on intellectual property implementation.
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Юмашев, Юрий, Yuriy Yumashev, Елена Постникова, and Elena Postnikova. "INTERNATIONAL LAW ASPECTS OF GERMAN COPYRIGHT LAW (GCL)." Journal of Foreign Legislation and Comparative Law 3, no. 4 (August 23, 2017): 93–98. http://dx.doi.org/10.12737/article_598063fae98166.23072693.
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The article deals with international law aspects of the GCL. To this aim firstly the international conventions on copyright law are analyzed, in particular: the Berne Convention for the Protection of Literary and Artistic Works in the wording of the Paris Act of 1971, the Convention on the Establishment of the World Intellectual Property Organization of 1967, the Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations of 1961 and Aspects of intellectual property rights (TRIPS) 1994. There is also an analysis of the EU copyright law in terms of its correlation with the law of the EU member-states and an assessment of its evolution. It is emphasized that the core fact of origin of authorship is determined on the basis of the national legislation of the Member-States. Special attention is paid to the scope of the “principle of exhausted rights”. The article also touches upon the aspect of private international law. Particular attention is paid to the legal regulation of the Internet, including Internet providers, and its impact on the formation of the GCL. The problem of combating Internet piracy is also raised, as copyright infringement often occurs in relation to works published online. In addition, the article revealed what changes were made to the GCL to comply with EU law (including secondary law acts and the practice of the EU Court).
The result of the study is, among other things, the conclusion that special legal mechanisms should be developed to regulate new forms of selling works that have emerged as a result of technological progress and in the near future the Internet will undoubtedly form ways for the further development of the GCL. However, this process can negatively affect the leading role of the author as a creative person.
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Vagts, Detlev F. "International Economic Law and the American Journal of International Law." American Journal of International Law 100, no. 4 (October 2006): 769–82. http://dx.doi.org/10.1017/s0002930000031882.
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To discuss the history of international economic law since the American Journal of International Law was first published in 1907 requires the author to project categories common to the parlance of 2006 back to times when theywere unknown. So far as it appears, the term did not become current until after World War II. Its scope is controversial. According to one definition, it encompasses “the total range of norms (directly or indirectly based on treaties) of public international law with regard to transnational economic relations.” A wide variety of international law rules have been said to have a financial impact somewhere. For practical purposes, in this essay I define international economic law as the international law regulating transborder transactions in goods, services, currency, investment, and intellectual property. I exclude from the inquiry issues of private international law, as well as of economic warfare.
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Falah, Hasan, and Amjad Hassan. "The Role of International Agreements in Organising Tax Imposed on Intellectual Property Rights in Egypt, Palestine, and Jordan." Arab Law Quarterly 33, no. 4 (August 15, 2019): 381–99. http://dx.doi.org/10.1163/15730255-12334053.
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Abstract Recognising the potential abundance of revenue and penetration of intellectual property as protected in various forms (copyrights, trademarks, patents, industrial designs, technical expertise, and trade secrets), into every aspect of society, states have endeavoured to regulate and protect these rights through national legislation and international agreements that emphasise the need to organise and protect these tax rights to support cooperation and integration among countries, as well as resolving international disputes on double taxation and combating tax evasion. This Article examines existing intellectual property legislation in Palestine, Jordan, and Egypt. Legislations in these three countries have agreed to subject to tax intellectual property revenues and activities, recognising them as one of the most important sources of state income. However, Palestinian legislation has not been clear in setting laws to deal with intellectual property revenues, contrary to counterparties in Egypt and Jordan.
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McMahon, Joe, and Catherine Seville. "I. Intellectual Property." International and Comparative Law Quarterly 56, no. 4 (October 2007): 899–906. http://dx.doi.org/10.1093/iclq/lei206.
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Newman, Karl, and Catherine Seville. "III. Intellectual Property." International and Comparative Law Quarterly 46, no. 3 (July 1997): 712–16. http://dx.doi.org/10.1017/s0020589300060930.
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The period since the last note on this subject has been eventful.1 There have been some important legislative measures, and a good deal of significant case law. However, contradictory messages are being conveyed. The volume of legislation marks the Community's recognition of the economic value of intellectual property rights in international trade. Its broad aim is, as always, to achieve a level playing-field for competition, and to integrate the market by removing restrictions on the free movement of goods. Yet the unwavering adherence to the principle of free movement is being challenged in several areas, precisely because of its effect on competition, notably in the pharmaceuticals market.
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Newman, Karl, James Mellor, and Daniel Alexander. "II. Intellectual Property." International and Comparative Law Quarterly 39, no. 3 (July 1990): 695–99. http://dx.doi.org/10.1093/iclqaj/39.3.695.
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Alexander, Daniel, and James Mellor. "I. Intellectual Property." International and Comparative Law Quarterly 41, no. 1 (January 1992): 200–206. http://dx.doi.org/10.1093/iclqaj/41.1.200.
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Newman, Karl, Daniel Alexander, and James Mellor. "III. Intellectual Property." International and Comparative Law Quarterly 44, no. 3 (July 1995): 712–17. http://dx.doi.org/10.1093/iclqaj/44.3.712.
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McMahon, Joe, and Catherine Seville. "IV. Intellectual Property." International and Comparative Law Quarterly 50, no. 3 (July 2001): 714–24. http://dx.doi.org/10.1093/iclq/50.3.714.
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This Journal's previous piece on current developments in EC intellectual property noted that this area of law is dominated by the drive towards harmonisation.1 This drive continues, and its success has been such that it can now begin to be seen in an overarching context of globalisation. The idea of a unified global system for the protection of intellectual property now seems at least conceivable, even if not immediately achievable. It is even possible to state that some stages have been achieved on the journey, most notably the TRIPs Agreement. Since adherence to this is a requirement of World Trade Organization (WTO) membership, the arguments in its favour have suddenly become “persuasive”. It represents a tremendous achievement in terms of the protection and enforcement of intellectual property rights throughout the world. The World Intellectual Property Organisation's contribution here and elsewhere has been immense.
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Taheri, Shila. "Nanotechnology Development and Transference in the International Trade Law and the Intellectual Property Rights." Journal of Politics and Law 10, no. 1 (December 29, 2016): 155. http://dx.doi.org/10.5539/jpl.v10n1p155.
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The preset essay analyzes the nanotechnology development and transference in the international trade law and the intellectual property rights by implementing descriptive analytic method. The research findings show that determining the role and position and the function of intellectual property systems within the modern nanotechnology intellectual property at the international scenery and analyzing the plans and codifying policies and special protective programs in terms of development and enhancement of intellectual property in this technology and comprehensive approaches in support of the international intellectual property and change and correction of the organizational offices of nano patents registration is a critical issue. Codifying coordinated regulations for University research centers to ensure the unity of the researchers, lack of definite and fixed output for commercializing, study of the increasing mass of the number of registered patents, rise of the complexity of the patents (interdisciplinary patents) that lead to the limitations for the innovators in obtaining intellectual property rights, lack of the cooperation of the developing countries because of the obstacles of registering patents and being bereft of the benefits of nano because of the high expenses of registering the patents and the administration guarantee of the international documents are among the legal challenges of the intellectual property in nanotechnology.
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Dinwoodie, Graeme B. "International Intellectual Property Litigation: A Vehicle for Resurgent Comparativist Thought?" American Journal of Comparative Law 49, no. 3 (2001): 429. http://dx.doi.org/10.2307/840900.
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Ono, Nahoko. "In Search of Positive Developments in International Intellectual Property Policy." Journal of World Intellectual Property 8, no. 4 (November 1, 2005): 459–98. http://dx.doi.org/10.1111/j.1747-1796.2005.tb00263.x.
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Massadeh, Firas Abdel-Mahdi, and Tariq Abdel Rahman Kameel. "The Role of Intellectual Property Laws in Creating a Favourable Environment for Investment." Arab Law Quarterly 34, no. 4 (August 3, 2020): 428–39. http://dx.doi.org/10.1163/15730255-bja10048.
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Abstract This article analyses the role of intellectual property laws in fostering domestic and foreign investment in the United Arab Emirates (UAE). As a signatory to all the major international agreements on intellectual property rights, such as the World Intellectual Property Organisation, the UAE has established legislative protection of intellectual property rights to create a favourable environment for investment. This study has two main aims. First, it analyses whether the approach taken by UAE legislators provides assurance for intellectual property holders and their related investments. Second, it reviews whether this approach indicates if the UAE has the political and legal will to provide incentives for investors. The study found that the UAE’s intellectual property laws are equitable, accurate, and capable of drawing the attention of foreign direct investment. With such a competent legal framework, the UAE demonstrates it has the required political and legal will to foster foreign direct investment.
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Rivero Godoy, Juan Manuel. "The protection if intellectual property rights under international investment law." Rev. secr. Trib. perm. revis. 9, no. 17 (May 11, 2021): 238–40. http://dx.doi.org/10.16890/rstpr.a9.n17.p238.
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The present book is a masterpiece on both international arbitration and intellectual property features where the authors have achieved to address the attention to substantial and procedural elements when an international conflict arises between different actors such as states, companies, individuals, etc.
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Dinwoodie, G. B. "INTERNATIONAL INTELLECTUAL PROPERTY LAW AND THE PUBLIC DOMAIN OF SCIENCE." Journal of International Economic Law 7, no. 2 (June 1, 2004): 431–48. http://dx.doi.org/10.1093/jiel/7.2.431.
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Frankel, Susy. "Interpreting the Overlap of International Investment and Intellectual Property Law." Journal of International Economic Law 19, no. 1 (March 2016): 121–43. http://dx.doi.org/10.1093/jiel/jgw016.
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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 (September 2, 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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Chu, Jonathan M. W. W. "When Property Does Not Mean Property: An Analysis of the Existence of International Intellectual Property†." International Journal of Legal Information 39, no. 3 (2011): 328–45. http://dx.doi.org/10.1017/s0731126500006247.
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AbstractThis paper endeavours to dispel the logical conclusion which one may draw from the territorial nature of intellectual property rights and aims to show that the term “international intellectual property” may refer to the underlying products of intellect which give rise to rights granted internationally and which are, themselves, rights of a different sort.To suggest that “there is no such thing as international intellectual property” may have been particularly reasonable prior to the end of the 19thcentury when there was little or no international obligations to protect intellectual property. Nowadays, however, the term “international intellectual property” is, at the very least, misunderstood, if not a clear term that has worked its way into the international legal lexicon with each international intellectual property agreement entered into since the beginning of the beginning of the international period.It is quite plain that individual intellectual property rights such as copyright, patents, registered designs, and registered and unregistered trade mark rights are not international in scope or nature. It is also quite clear that intellectual property rights are territorial in nature as they are derived from national law and are governed exclusively within jurisdictions of such law. This principle is trite and was better observed in a World Intellectual Property Organization survey:Each country determines, for its own territory and independently from any other country, what it is to be protected as intellectual property, who should benefit from such protection, for how long and how protection should be enforced.Despite an apparently logical conclusion which one may draw from the territorial nature of intellectual property rights, the term “international intellectual property” may infer something more than this. Rather than confining the term to basic interpretation of the words which make the term, international intellectual property may refer to the underlying products of intellect which give rise to rights granted internationally and which are, themselves, rights of a different sort. While the standards of recognition and rights granted in relation to such products of intellect may vary between nations, the source of such products remains the same and it is such property which various international agreements seek to govern. It is given through developments in international intellectual property agreements, that a definition of the term may be implied, if not derived.In this paper, I endeavour to establish that there is such thing as international intellectual property. As such, I will first establish that there is such a thing as „intellectual property,” despite arguments against the term. I will then move on to establish that there is such thing as international intellectual property, particularly in light of the developments in international intellectual property agreements.
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Krupko, Svetlana I. "Proprietary aspect of exclusive rights as a law-making factor in the field of the choice-of-law regulation of intellectual property." Gosudarstvo i pravo, no. 8 (2021): 110. http://dx.doi.org/10.31857/s102694520016390-0.
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Intellectual property rights have a number of stable, regular distinctive features that prevent the determination of the law applicable to them on the basis of connecting factors being traditionally used in the field of non-intellectual property and personal non-property rights. In this regard, the point of view wins more widespread support in Private International Law that the relations of intellectual property rights are considered to be a special type of relations for the purposes of choice-of-law regulation. The proprietary aspect of exclusive rights is examined in this article as a material factor having the greatest impact on the formation of choice-of-law regulation in the field of intellectual property. In order to establish the closest connection of the relations of intellectual property rights with the state, whose law is applied, as well as when evaluating the significance and directionality of the empirically localized needs of persons affected by the law, the dualism of exclusive right expressed in the indivisibility of the economic function and the legal content of the exclusive right, as well as the priority of the economic function of the exclusive right to its legal content is essential.
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Morris*, P. Sean. "Hunting the standard of compensation – intellectual property, Chorzów Factory and investments: a response." Queen Mary Journal of Intellectual Property 11, no. 4 (January 4, 2022): 511–17. http://dx.doi.org/10.4337/qmjip.2021.04.06.
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While the debate on intellectual property and international investment law is relatively young, the role of historical cases will be important in offering some interpretative analysis. Due to the niche nature of both areas of law, where, often times, the legal luminaries found in both areas often speak past each other, in an earlier issue of this journal I offered an interpretative history of Chorzów Factory as an example of early case law by an international court illustrating the origins of the ISDS involving intellectual property. As with any interpretation, there are bound to be opposing views or explicit endorsement, but whatever the merits, that interpretative history has initiated a debate in the pages of this journal. That debate is in part, a response to my original analysis, to which I offer a response. This response is to endorse the fact that additional information has come forward that will enrich the debate on Chorzów Factory and its connection to intellectual property. Moreover, this response argues that the reply misses the point regarding the formal connection of international law to intellectual property in ISDS, a connection that I attempted to demonstrate through the example of the Chorzów Factory case – where a legal fight in the 1920s over nitrate, other chemical production and ownership still continue to be of relevance to international law.
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Cheng, Peicheng. "Settings in Trading Services International Economic Law." International Journal of Science and Society 1, no. 1 (June 17, 2019): 24–37. http://dx.doi.org/10.54783/ijsoc.v1i1.7.
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International trade, as one part of economic activity or business activities, in the last decade, has shown very rapid development, amid increasing business attention on global business activities. This phenomenon can be seen from the increased circulation of goods, services, capital and labor between countries, and the development of business activities through export-import relations, investment, service trade, licensing and franchising, intellectual property rights, and various other international types trading.
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Wechs Hatanaka, Asako. "Optimising Mediation for Intellectual Property Law – Perspectives from EU, French and UK Law." IIC - International Review of Intellectual Property and Competition Law 49, no. 4 (April 11, 2018): 384–412. http://dx.doi.org/10.1007/s40319-018-0692-4.
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Chapman, Susannah, and Brad Sherman. "Finding a Place for Agriculture in Intellectual Property Law." IIC - International Review of Intellectual Property and Competition Law 49, no. 7 (August 14, 2018): 759–62. http://dx.doi.org/10.1007/s40319-018-0753-8.
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