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1

McBride, Mark. "PRESERVING THE INTEREST THEORY OF RIGHTS." Legal Theory 26, no. 1 (2020): 3–39. http://dx.doi.org/10.1017/s1352325220000026.

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ABSTRACTAccording to interest theorists of rights, rights function to protect the right-holder's interests. True. But this leaves a lot unsaid. Most saliently here, it is certainly not the case that every agent who stands to benefit from performance of a duty gets to be a right-holder. For a theory to allow this to be the case—to allow for an explosion of right-holders—would be tantamount to a reductio thereof. So the challenge for interest theorists is to respect the core of the interest theory while delimiting the set of right-holders in a principled manner. The foremost explicit attempt to
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2

Usanti, Trisadini Prasastinah, Indira Retno Aryatie, and Oemar Moechthar. "The Principle of Justice in the Weakness of Objective Rights Holders Against Privileges Rights Holders." Media Iuris 6, no. 2 (2023): 271–92. http://dx.doi.org/10.20473/mi.v6i2.41755.

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AbstractMaterial guarantees create material rights with superior characteristics. One is absolute, that is, the right holder can enforce material rights against anyone. It is as if nothing can beat the holder’s position of material guarantee in the event of a conflict with concurrent creditors and creditors holding privileges. However, this absolute character can be weakened by law. In certain circumstances, such as the right to collect the cost of saving the collateral object, the position of the creditor holding the material guarantee must surrender to the creditor with the privilege. Credit
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Kostiv, Oleksandr. "Features of the expanded collective management of copyright and (or) related rights objects under the updated legislation of Ukraine." Theory and Practice of Intellectual Property, no. 4 (October 25, 2021): 25–32. http://dx.doi.org/10.33731/42021.243117.

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Keywords: collective management of rights, copyright and related rights, extendedmanagement, organization of collective management, accreditation of the organization,remuneration, revocation of rights
 The article examines the features of extended collective management of copyright and (or)related rights, as one of collective management types provided by the updated legislationof Ukraine in the study area. The author points out that the expanded collectivemanagement extends to the entire territory of Ukraine and is carried out on the propertyrights of all right holders in the relevant cat
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4

Kostina, Olga. "The Issue of Using Certain Copyrighted Iems Whose Right Holders are Unknown: Foreign Experience and Solutions." Science Governance and Scientometrics 19, no. 1 (2024): 102–23. http://dx.doi.org/10.33873/2686-6706.2024.19-1.102-123.

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Introduction. The relevance of this work is due to a significant number of works whose author or right holder is unknown, the impossibility of legally using such works in civil circulation, the urgent need for normative fixation of the status of a work whose author or right holder is unknown, and establishing opportunities for legal use of such works, taking into account the analysis of foreign practice in regulating this issue. The aim of the study is to analyse foreign practice in regulating the use of works whose author or right holder is unknown, to identify the key features of this legal
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Kostina, Olga. "The Issue of Using Certain Copyrighted Iems Whose Right Holders are Unknown: Foreign Experience and Solutions." Science Governance and Scientometrics 19, no. 1 (2024): 102–23. https://doi.org/10.33873/2686-6706.2024.19-1.102-123.

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<strong>Introduction.&nbsp;</strong>The relevance of this work is due to a significant number of works whose author or right holder is unknown, the impossibility of legally using such works in civil circulation, the urgent need for normative fixation of the status of a work whose author or right holder is unknown, and establishing opportunities for legal use of such works, taking into account the analysis of foreign practice in regulating this issue. The aim of the study is to analyse foreign practice in regulating the use of works whose author or right holder is unknown, to identify the key f
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6

Almusawir, Almusawir, Kamsilaniah Kamsilaniah, and Juliati Juliati. "Protection of the Economic Rights of Geographical Indication Holders in the Indonesian Trademark and Geographical Indication Law." Scholars International Journal of Law, Crime and Justice 5, no. 3 (2022): 128–41. http://dx.doi.org/10.36348/sijlcj.2022.v05i03.006.

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The research aimed at describing the legal protection concept geographical indication in supporting the economic right of geographical indication holders, the contribution of geographical indication in improving the prosperity of geographical indication holders, and the legal protection of the economic rights of geographical indication about the use of a sign that is similar to a registered geographical indication. This research encompasses the normative legal analysis and empirical research methods. The first problem statement used the normative legal research method, which analyses how the l
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7

Hong, Ga-Hae. "A study on the crimes of intrusion upon a human habitation and the de facto tranquility among co-residents." Kyung Hee Law Journal 59, no. 2 (2024): 147–71. http://dx.doi.org/10.15539/khlj.59.2.4.

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The protection legal interest of housing intrusion should be enjoyed fairly by all joint residential rights holders, and the consent of the residential rights holder to the infringement of legal interests is limited to his or her own legal interests, and there is no right to dispose of the legal interests of other joint residential rights. Therefore, even with the consent of some residential rights holders, if it is contrary to the will of other residential rights holders, the crime of invasion of housing may be established. However, just because there was an opposition from the residential ri
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8

Fikria, Luthfiatul. "PERLINDUNGAN HUKUM TERHADAP PEMEGANG HAK PERLINDUNGAN VARIETAS TANAMAN JAGUNG MANIS TALENTA." Pro Patria: Jurnal Pendidikan, Kewarganegaraan, Hukum, Sosial, dan Politik 6, no. 1 (2023): 179–92. http://dx.doi.org/10.47080/propatria.v6i1.2319.

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ABSTRACT&#x0D; Indonesia as a state of law certainly wants a just and prosperous life and livelihood for its people in accordance with the norms and rules that have been established and apply in society. Legal protection essentially everyone has the right to legal protection, almost all legal relationships must receive protection from the law, one of which is the legal protection given to Plant Variety Protection. The establishment of a legal protection, namely in the event of a violation of the rights of the holder of the Plant Variety Protection right. The research method includes the type o
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9

Kastriote, Kastriote, and Hajredin Kuçi. "Protection of the right of real servitude according to local and international legislation and practice." Revista de Investigaciones Universidad del Quindío 34, no. 1 (2022): 319–29. http://dx.doi.org/10.33975/riuq.vol34n1.1011.

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The right of servitude as a real right enjoys the same rights as other real rights. Among these rights is the protection of the right of servitude in case it is violated by persons who are not holders of this right. Based on the local legislation as well as that of other countries, the holder of the right of easement has the right to protect the right of easement in case that right is violated by someone else, and not only the holder of the right but also the owner of the servient property in case it finds that the holder of the right of servitude does not use the right that he has, or in the
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10

N, Junitin Sinar Humombang. "Jurisdiction Regarding The Objective Rights Of Buyer Asset-Backed Securities In Secondary Housing Financing." Journal of Law Science 3, no. 4 (2021): 176–86. http://dx.doi.org/10.35335/jls.v3i4.1690.

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Secondary housing financing is a facility that makes it easier for banks to liquidate their less liquid financial assets in the form of receivables arising from the distribution of Home Ownership Loans (KPR). This needs to be done to avoid mismatch funding. The title of this research is “Juridic Review On The Objective Rights Of The Buyer Of Asset-Backed Securities In Secondary Housing Financing”. The research was conducted to find out what are the material rights of asset-backed securities holders in housing secondary financing, how is the transition mechanism, what is the legal protection fo
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11

Nugroho, Sigit, Derita Praptirahayu, and Mieke Yustia Ayu Ratna Sari. "Fairness in Fair Dealing on the Industrial Design Protection." Yuridika 36, no. 2 (2021): 445. http://dx.doi.org/10.20473/ydk.v36i2.26009.

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Fair dealing is one of the important elements in the Industrial Design Legislation. Because of that, it is significant to analyze the concept of fair dealing which can be understood by the society to achieve fairness in the protection of industrial design works. Under industrial design, the concept of fair dealing means that industrial design can be used by other parties for education and research purposes as long as it does not prejudice the interests of industrial design right holders. The purpose of this study is to analyze the value of fairness in the concept of fair dealing in industrial
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12

Yakimova, E. M. "Constitutional Rights in the Sphere of Entrepreneurial Activity and Peculiarities of Holders of Such Constitutional Rights." Actual Problems of Russian Law, no. 1 (January 1, 2019): 66–72. http://dx.doi.org/10.17803/1994-1471.2019.98.1.066-072.

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Constitutions of the majority of countries of the world contain a detailed catalogue of human and civil rights and freedoms that tends to expand. At the same time, the essence of economic rights is defined in the regulation of the rights of the “second” generation and is associated with the recognition of property rights and the right to carry out activities aimed at obtaining income. In the process of drafting modern constitutions, States only specify the rights in question. The constitutional right to the free use of one’s abilities and property for entrepreneurial and other economic activit
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13

Preda, Adina. "Group Rights and Group Agency." Journal of Moral Philosophy 9, no. 2 (2012): 229–54. http://dx.doi.org/10.1163/174552412x625736.

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On some theories of rights, such as the Choice theory, only agents can have moral rights. The realm of right-holders thus excludes several potential candidates, among which are young children, mentally incapacitated persons, and groups since these are thought to lack the required degree of agency. This paper argues that groups can be right-holders. The argument comes in three steps: first, it is argued that full-blown or autonomous agency is not required for the possession of Choice theory rights, second, that groups can be seen as agents, albeit in a limited sense, and third, that groups can
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14

Rianto, Fera Puspita, Toto Tohir Suriaatmadja, and Lina Jamilah. "Implementation of Mortgage Rights on the Position of Creditors of Second Mortgage Holders in the Application for Auction Submission." Journal La Sociale 5, no. 4 (2024): 1072–81. http://dx.doi.org/10.37899/journal-la-sociale.v5i4.1241.

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The binding of credit collateral with mortgage rights can be bound by several creditors with more than one mortgage. If the debtor is in default, only the creditor holding the first rank of mortgage rights can submit the auction, as stated in Law Number 4 of 1996 concerning Mortgage Rights. At the time of the debtor's default, the binding of the first-ranked mortgage has been released by the creditor of the first mortgage holder, the second mortgage holder applies for a mortgage auction and is rejected based on the law. The purpose of this research is to find regulations that provide justice t
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15

Mahatma, Laode Man. "LEGAL PROTECTION OF POLICY HOLDERS AGAINST INSURANCE COMPANIES EXPERIENCED BANKRUPTCY." JILPR Journal Indonesia Law and Policy Review 5, no. 3 (2024): 500–510. http://dx.doi.org/10.56371/jirpl.v5i3.275.

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The unequal position between insurance policy holders and insurance companies as applied to standard agreements, causes the function of legal protection for insurance policy holders to be questioned. One of the institutions that has the authority and functions to provide legal protection is the Financial Services Authority (OJK) as regulated in Law Number 21 of 2011 Article 55 paragraph (1). The transfer of risk in an insurance agreement is carried out in return for a premium payment by the insured which is deemed commensurate with the risk that must be insured, although the claim payment as f
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16

Sviridova, Ekaterina A. "The Effect of the Doctrine of Copyright Exhaustion on Digital Copies of a Work." Sociopolitical Sciences 15, no. 2 (2025): 223–29. https://doi.org/10.33693/2223-0092-2025-15-2-223-229.

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The article is devoted to the analysis of the possibility of applying the doctrine of exhaustion of the exclusive right to distribute a digital copy of a work. The essence of the principle of exhaustion of rights is considered, which limits the monopoly of the copyright holder and ensures a balance of interests of copyright holders and users. The European judicial practice on the problem of applying this principle to digital content, including software, e-books and video games, is analyzed. The article concludes that the development of digital technologies poses new challenges to the doctrine
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17

Sujatmiko, Agung. "PARALLEL IMPORTS IN TRADEMARKS." Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 25, no. 3 (2014): 544. http://dx.doi.org/10.22146/jmh.16076.

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According to Article 3 of Act Number 15 of 2001 on Trademark, the exclusive nature of trademark rights legalizes monopoly. Based on this exclusivity, the right holders of trademarks can decide when and where they can first introduce a trademarked product to the market. This right is known as a distribution right. Once marketed however, the right holder cannot prevent their trademarked product being imported outside of the initial chosen market (exhaustion of rights). Menurut Pasal 3 UU Nomor 15 Tahun 2001 tentang Merek, bahwa hak atas merek bersifat khusus. Hak tersebut bersifat monopoli. Berd
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18

Candrasari, Lusia Savitri Diah, and Lego Karjoko. "The Principle of Social Function of Land Cultivation Right in Agritourism Accommodation in Indonesia." International Journal of Multicultural and Multireligious Understanding 5, no. 2 (2018): 271. http://dx.doi.org/10.18415/ijmmu.v5i2.374.

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The principle of social function as one of the principles of law enforcement in Indonesia supposes to be elucidated in the regulation of the obligation of Land Cultivation Right holder. Tourism accommodation held by the plantation company on the land under the Land cultivationright on one side, is unjustified by Agrarian Law, on the other side, Plantation law grants it. This writing aimed at evaluating the coherence of the regulation about the obligation of the holders of the land cultivation right towards the principle of social function. This writing could be categorized as a normative study
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19

Karim, Shang Mohammed Jamil. "Collective management of copyright and related rights Comparative analytical study." Journal of Legal and Political Studies 13, no. 1 (2025): 141–58. https://doi.org/10.17656/jlps.10326.

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This study sheds the light on the legal framework governing Collective management organizations for author rights and the works for related rights, it emphasizes the positive roles these organization plays for both users and right holders, under copyright laws, these organizations operate on behalf of the authors and related rights holders, to protect their rights, manage them as well as distribute The financial returns, since individual management is not possible by authors and in order to encourage both Iraqi and Kurdish legislators to address legislative gaps in their national laws. Keyword
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20

Surahman, Surahman, Nurhayati Mardin, Syachdin Syachdin, and Widyatmi Anandy. "The Permits as an Integration Mechanism: Legal Protection Efforts for Land Rights Holders Relating to Mining Permits." Pena Justisia: Media Komunikasi dan Kajian Hukum 23, no. 2 (2024): 335. http://dx.doi.org/10.31941/pj.v23i2.4464.

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&lt;em&gt;This research aims to analyze the position of permits as well as formulate the position of permits as an integration mechanism related to preventive means to minimize disputes and disputes between mining permit holders. This research is normative legal research with a statutory and conceptual approach. The research results confirm that the position of permits as a preventive legal protection effort in society has an orientation to prevent and minimize disputes or disputes between land rights and mining permits. Permits as an integration mechanism for land rights holders relating to m
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21

Azizah, Nur. "LEGAL IMPLICATIONS OF CULTIVATION RIGHT ISSUED ON MINING BUSINESS PERMIT (Case Study of Issuance of Cultivation Right Certificate Number: 00090/Bangka on Behalf of GUNUNG PELAWAN LESTARI (GPL) COMPANY ON MINING BUSINESS PERMIT OF TIMAH COMPANY in Bangka." Pena Justisia: Media Komunikasi dan Kajian Hukum 22, no. 3 (2024): 396. http://dx.doi.org/10.31941/pj.v22i3.3901.

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This thesis was aimed to find out and analyze whether the issuance of a Certificate of Cultivation Rights on Mining Business Permit (IUP) complies with the secure principle that can guarantee legal certainty and the implications of issuance of Cultivation Right Certificate on an IUP for Cultivation Right and IUP holders. This research applied a normative legal research or library research method, which was carried out by examining library materials or secondary data. Based on the research results, the authors concluded that: First, the issuance of GPL Company in accordance with the provisions
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Sapto, Wahyono, Sumriyah, and Uril Khofifah Linda. "Analysis of Old Proof of Rights Holders According to Government Regulation Number 18 of 2021." INTERNATIONAL JOURNAL OF MULTIDISCIPLINARY RESEARCH AND ANALYSIS 06, no. 09 (2023): 4094–99. https://doi.org/10.5281/zenodo.8333594.

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In the ownership of land rights for holders of old title evidence, it is regulated in Government Regulation Number 18 of 2021 concerning Management Rights, Land Rights, Flats Units and Land Registration. PP No. 18 of 2021 explains that holders of proof of old rights are required to register evidence to obtain a certificate within a maximum period of 5 (five) years from the enactment of the PP. Seeing the existence of this PP, the government indirectly forced the public to register land in order to avoid overlapping evidence in land issues. Normative legal research uses a conceptual approach th
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Muthallib, Abdul. "PENGARUH SERTIFIKAT HAK ATAS TANAH SEBAGAI ALAT BUKTI DALAM MENCAPAI KEPASTIAN HUKUM." Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, dan Ekonomi Islam 12, no. 1 (2020): 21–43. http://dx.doi.org/10.32505/jurisprudensi.v12i1.1673.

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This article discusses legal certainty as one of the objectives of Law No. 5 of 1960 concerning Agrarian (Undang-Undang Nomor 5 Tahun 1960 tentang Pokok-Pokok Agraria) Principles and the influence of land rights certificates as a strong means of proof of land registration. The provision of guarantees of legal certainty to holders of land rights is accommodated in Law Number 5 of 1960 concerning Agrarian Principles and further regulated in Government Regulation Number 24 of 1997 concerning Land Registration (Peraturan Pemerintah Nomor 24 Tahun 1997 tentang Pendaftaran Tanah). Using a normative
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Kuzmina, Alena. "Protecting video games against online copyright infringement: a Russian approach to site blocking." Interactive Entertainment Law Review 4, no. 2 (2021): 122–27. http://dx.doi.org/10.4337/ielr.2021.02.04.

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Throughout recent years Russia has developed a strong anti-piracy and site blocking laws which claim to become effective tools against an ongoing issue of video game piracy. Thousands of pirate torrent indexing websites, illegal marketplaces with unauthorized digital goods and in-game values are shut down yearly by video game right holders in order to prevent illegal content consumption. Torrent sites loose up to 90% of traffic quickly after blocking measures are implemented. However, if the law is too good to be true, it most probably is. The strict domain-specific site blocking approach has
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25

Nugroho, Sigit. "LIMITATIONS ON THE EXCLUSIVE RIGHTS OF INTELLECTUAL PROPERTY RIGHT HOLDERS (SOCIAL JUSTICE PERSPECTIVE)." Al-Adl : Jurnal Hukum 15, no. 2 (2023): 404. http://dx.doi.org/10.31602/al-adl.v15i2.9683.

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Social justice is the goal of the Indonesian state, which must be realized in all fields so that welfare is realized for all Indonesian people which also radiates in the field of intellectual property law, bearing in mind that the initial regulation of intellectual property came from developed countries which are industrial countries which are different from Indonesia. Social justice is the fundamental norm as well as the goal of the state, which is used as a reference in the formation of intellectual property law rules. Thus, arrangements regarding the distribution of intellectual property ri
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26

Fan, Yanyan. "Copyright Law Regime for the Legalization of Secondary Creative Acts." Journal of Economics and Law 1, no. 3 (2024): 8–13. http://dx.doi.org/10.62517/jel.202414302.

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With the diversified development of work creation and dissemination, copyright ownership and infringement disputes are becoming increasingly fierce. Private entities as creators and disseminators have overflowed the existing copyright legal system, and the fair use system is difficult to provide legal space for secondary creation. The effectiveness of legal and centralized licenses in secondary creation is also limited. In order to promote the development of secondary creation industry effectively, this paper tries to explore the path of legalization of secondary creation through literature re
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27

Glotov, Sergiy. "Regarding the Right to Creative Freedom in the Context of Conflict with Property Rights as Examplified by Street Art." Teisė 124 (September 28, 2022): 81–93. http://dx.doi.org/10.15388/teise.2022.124.6.

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This article discusses the issue of evaluation of the street artists’ rights to their work from the point of view of the owner and the architect of the building through the prism of the rights of the latter. After all, upon the appearance of a graffiti, mural, or another street art work on someone’s property, the conflict of rights and interests between the aforesaid persons is inevitable. It is argued that a street artist cannot always claim the copyright holder status. And when they can, their copyright ranks last in the hierarchy of the rights of the concerned rights holders.
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Kunin, Evgeniy I. "The Use of Information Technologies to Automate the Implementation of the Legal Protocol of the Copyright Holder’s Actions for the Protection of Copyright and (or) Related Rights." Pravosudie / Justice 5, no. 3 (2023): 124–39. http://dx.doi.org/10.37399/2686-9241.2023.3.124-139.

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Introduction. In the information society, where information is a key resource, the protection of copyright and (or) related rights is an important issue. According to the amount and speed of violations, protection of the rights of popular works can be time-consuming and costly. To increase the effectiveness of responding to violations, the copyright holder has the right to use automation tools for the implementation of the legal protocol of actions. Theoretical Basis. Methods. The article observes the theoretical and practical aspects of the formation of an effective legal protocol of the acti
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Bauhn, Per. "The End of Duty." Essays in Philosophy 9, no. 2 (2008): 228–42. http://dx.doi.org/10.5840/eip2008924.

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Justice is often viewed in terms of seeing to it that right-holders are provided with the goods that they are entitled to. Less attention is given to the other dimension of justice, namely, that of duty-holders. If persons are assigned more duties, or more burdensome duties, than fairness requires, then they are victims of injustice just as much as persons whose rights are left unfulfilled. In this essay, I will argue for certain limits to the duty to assist people in need. My argument does not intend to show that we have no positive duties, but rather that these duties, whether they are of an
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Eicke, Tim. "Bank Resolution and Fundamental Rights – A view from Strasbourg." Zeitschrift für Bankrecht und Bankwirtschaft 36, no. 1 (2024): 40–46. http://dx.doi.org/10.15375/zbb-2024-0110.

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Abstract This article summarises and puts into context the limited but important case law of the European Court of Human Rights concerning bank resolution procedures, in particular under Article 6 (the right to a fair trial before an independent and impartial tribunal established by law) and Article 1 of the First Protocol (the right of property), as well as the important issue of who has standing under Article 34 to bring proceedings in the name or on behalf of an affected affected bank, its (former) management, share holders, bond holders, creditors or others affected.
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Mashkova, Valeriia. "PROBLEMS OF IMPLEMENTATION OF JUDICIAL PROTECTION OF SUBJECT'S COPYRIGHT AND RELATED RIGHTS BY MEANS OF COLLECTIVE MANAGEMENT ORGANIZATION." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 122 (2022): 51–55. http://dx.doi.org/10.17721/1728-2195/2022/3.122-9.

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The urgency of the research is due to the need to identify and analyze problems that make it impossible for collective management organizations to implement one of their key functions – to go to court to protect the property rights of right holders. The purpose of the study is to identify the main problems of judicial protection of copyright and related rights with the help of collective management organizations and to suggest ways to eliminate such problems. The object of the study is the implementation of the functions of collective management organizations related to appealing to the court
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Kumara, I. Made Citra Gada, I. Ketut Kasta Arya Wijaya, and Luh Putu Suryani. "Kepastian Hukum Pemegang Hak atas Tanah dalam Sistem Hukum Pertanahan di Indonesia." Jurnal Preferensi Hukum 2, no. 3 (2021): 560–63. http://dx.doi.org/10.22225/jph.2.3.4013.560-563.

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Land rights certificates still face the possibility of lawsuits from other parties who feel they have rights to the land, so that if it can be legally proven that he is the real owner, the land rights certificate can be canceled. The purpose of this study is to determine the legal certainty of land rights holders in the land law system in Indonesia and the government's efforts to provide legal certainty to land rights holders. The type of research used in this research is normative legal research. Sources of data used are primary and secondary data sources. The technique of collecting legal ma
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Shakhnazarov, B. A. "Parallel Import and Implementation of the Principle of Exhaustion of Exclusive Rights in the Context of Contractual Relations of Economic Entities." Courier of Kutafin Moscow State Law University (MSAL)), no. 9 (December 18, 2023): 52–65. http://dx.doi.org/10.17803/2311-5998.2023.109.9.052-065.

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The article deals with the problem of the influence of contractual relations on the issue of exhaustion of exclusive rights and the organization of parallel imports in general. The fact and form of the consent of the right holder to use the intellectual property object as part of a specific product, batch of goods, as well as determining the fact of the completed use of intellectual property rights during the primary sale of goods are of particular importance for understanding the nature of the exhaustion of rights and resolving disputes in the field of parallel imports. The solution of the pr
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Achmad Dwi Saputra and Amad Sudiro. "Position and Legal Consequences of Evidence of Old Rights That Are Not Converted and Controlled by Other Parties (Study of Decision No. 94/Pdt.G/2023/PN Amb)." Journal of Law, Politic and Humanities 5, no. 1 (2024): 31–37. https://doi.org/10.38035/jlph.v5i1.927.

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This research focuses on analyzing the legal position of holders of old certificates of title that have not been converted and the legal consequences of physical control of land by other parties who have land certificates. This study uses Decision No. 94/Pdt.G/2023/PN Amb as a case study to understand how courts balance the interests of disputing parties and apply agrarian law regulations in land ownership conflicts. This research was motivated by implementing the Basic Agrarian Law (UUPA) no. 5 of 1960, which requires converting Western rights such as Eigendom Verponding into rights recognize
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Barkovskaya, L. E. "Legal Basis for the Participation of Non-Profit Organizations in the Protection of Copyright and Related Rights." Proceedings of Southwest State University. Series: History and Law 13, no. 4 (2023): 72–83. http://dx.doi.org/10.21869/2223-1501-2023-13-4-72-83.

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Relevance. For a long time the civilistic doctrine did not consider the activity on protection of copyright and related rights in the implementation of collective management as an independent one. It was assumed that it can be carried out in particular by organizations for collective management of rights for realization of their function of collecting remuneration for right holders. Along with organizations for collective management of rights there is a significant number of organizations, including those created by authors and other right holders, which can represent interests and protect the
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36

Mourafetis, George, and Chryssy Potsiou. "IT Services and Crowdsourcing in Support of the Hellenic Cadastre: Advanced Citizen Participation and Crowdsourcing in the Official Property Registration Process." ISPRS International Journal of Geo-Information 9, no. 4 (2020): 190. http://dx.doi.org/10.3390/ijgi9040190.

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Greece is one of the few European countries that has not yet a fully operating Cadastre at national coverage. Cadastral surveying and property registration have been completed only for about 8% of the Greek territory, which includes about 18% of the total property rights. At the remaining areas, cadastral surveying and property registration is still under development and is expected to be completed by the end of 2021. The cadastral survey is a participatory procedure in which property right holders, or their representatives, are expected to declare the land parcels on which they have property
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37

Hartati, Dwi Surya, and Nely Herlina. "UTILIZATION OF ECONOMIC RIGHTS IN MUSIC AND SONG WORKS AS A PILLAR OF CREATIVE ECONOMY." Jambe Law Journal 1, no. 1 (2018): 115–33. http://dx.doi.org/10.22437/home.v1i1.3.

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The work of songs and music is one of several types of artistic works that is protected by the Act of Copyright. Copyright is regulated through Act No. 28 of 2014 About Copyright (Undang-Undang Hak Cipta or UUHC). Creators and Copyright holders have an exclusive right in the form of economic rights and moral rights. Economic rights can be acquired through the payment of royalty. According to the Act of Copyright, the National Collective Management Institution (Lembaga Manajemen Kolektif Nasional or LMKN) is the institution appointed to collect royalties from creators and/or holders of related
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38

Hartati, Dwi Surya, and Nely Herlina. "UTILIZATION OF ECONOMIC RIGHTS IN MUSIC AND SONG WORKS AS A PILLAR OF CREATIVE ECONOMY." Jambe Law Journal 1, no. 1 (2018): 115–33. http://dx.doi.org/10.22437/jlj.1.1.115-133.

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The work of songs and music is one of several types of artistic works that is protected by the Act of Copyright. Copyright is regulated through Act No. 28 of 2014 About Copyright (Undang-Undang Hak Cipta or UUHC). Creators and Copyright holders have an exclusive right in the form of economic rights and moral rights. Economic rights can be acquired through the payment of royalty. According to the Act of Copyright, the National Collective Management Institution (Lembaga Manajemen Kolektif Nasional or LMKN) is the institution appointed to collect royalties from creators and/or holders of related
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39

Lesnussa, Maichel, Theresia Nolda Agnes Narwadan, and Muchtar Anshary Hamid Labetubun. "Copyright Protection for Songs Uploaded to the Spotify Digital Music Application Without Permission." Batulis Civil Law Review 5, no. 3 (2024): 189. https://doi.org/10.47268/ballrev.v5i3.2805.

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Introduction: Copyright holders can and have the right to determine who can use their work or not.However,Uploading songs by Spotify application users can unknowingly trigger copyright infringement.Purposes of the Research: To examine the legal relationship between the Spotify application and copyright holders and the form of copyright protection for songs uploaded on the Spotify application without permission.Methods of the Research: The research method used in this writing is the normative legal research method with a legislative approach, case approach and conceptual approach.Results of the
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40

Pudianto Prabowo, Thariq Farhan. "Sustainable Development Based Tourism Governance Development Policy." UNIFIKASI : Jurnal Ilmu Hukum 8, no. 1 (2021): 70–77. http://dx.doi.org/10.25134/unifikasi.v8i1.3529.

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This study aims to describe tourism governance development policies in Karanganyar Regency and the concept of sustainable development-based tourism policy and governance. The research employed empirical juridical approach. Therefore, this research focused on primary data collected from the interview and observation. In addition, this research was also supported by secondary data collected from literature study. Finally, the data were analyzed qualitatively. The findings revealed that the tourism governance development policies in Karanganyar regency which stated in the laws and regulations are
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41

Mugiyati, Mugiyati. "Hak Pemanfaatan Sumber Daya Alam Perspektif ‎Hukum Islam." Al-Jinayah: Jurnal Hukum Pidana Islam 2, no. 2 (2016): 440–71. http://dx.doi.org/10.15642/aj.2016.2.2.440-471.

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Abstract: Islam gives freedom to people to utilize the public natural resources, because everyone has the irtifâq right namely to use immovable good, whether it belongs to an individual or public property. Common ownership is allowed in Islamic law if an object which is intended and used for the public. The principle of freedom granted by Islam for the right holders to use is not without limit, but constrained by accountability and adherence to sharia. The right holders in using theirs’ is to be in line with the principle of maqâshid al-syarî’ah. On the basis of this principle, they are prohib
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42

Yun, Eugene, and Buss Burdett Pak. "Fuzzy Ownership: A Theory of Corporate Governance and Evidence from Korea." International Studies Review 7, no. 2 (2006): 1–16. http://dx.doi.org/10.1163/2667078x-00702001.

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This paper presents a model with “fuzzy ownership rights” for explaining corporate governance. The purpose of this model is to capture the theoretical underpinnings of corporate governance in real-world situations, which emphasize social, economic and cultural networks. The existence of strong fuzzy ownership rights affects corporate governance in many important ways, beginning with the firm being forced to go beyond solving the shareholder interest maximization problem: instead, the firm attempts to solve a more complex problem, which is to maximize the interests of other fuzzy ownership righ
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43

Simpson, Evan. "Rights Thinking." Philosophy 72, no. 279 (1997): 29–58. http://dx.doi.org/10.1017/s0031819100056643.

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Judgments about right are normally circumscribed and balanced by other considerations but it is possible to imagine ‘rights thinking’ as occurring without any such admixture. This pure rights thinking is characterized by several distinctive features. First, resentment, respect, and other passions of rectitude overrule sympathetic feelings of concern and compassion, love and affection. One responds simply as justice demands, never allowing extraneous factors to interfere with satisfaction of this moral ideal. Second, when claims of rights collide with personal attachments or calculations of ben
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44

Wijanarko, Dwi Seno, and Slamet Pribadi. "Preventive Legal Protection of Trademarks in Indonesia Based on Law Number 20 Of 2016 Concerning Marks and Geographical Indications." Journal of Law, Politic and Humanities 3, no. 1 (2023): 227–35. http://dx.doi.org/10.38035/jlph.v3i1.161.

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The legal system of intellectual property rights in Indonesia requires the registration of marks regulated in Article 1 paragraph 5 of the Trademark Law, namely, the right to a mark is an exclusive right granted by the state to registered trademark owners for a certain period of time by using the mark themselves or giving permission for others to use it. The emphasis in the article is that the right to a mark is created due to registration and not because of the first use, as stipulated in Law Number 20 of 2016 concerning Marks and Geographical Indications. Intellectual Property Rights have pr
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Joao, de Sousa Filipe Lic.Dir. "Legal Protection for Land Right Holders in Land Acquisition For Public Interest." International Journal of Arts and Social Science 5, no. 4 (2023): 205–7. https://doi.org/10.5281/zenodo.7751346.

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To describe the juridical foundation (essentially) the legal protection for rights holders to land; the juridical requirement &ldquo;Kelasiran land rights&rdquo; becomes the basis for enforcing land rights; and factors that affect legal protection for land rights holders. The analysis shows that the community does not understand the function of certificates as evidence of land rights due to lack of legal socialization, especially regarding land certificates. The legal considerations and decisions of the Panel of Judges in the Supreme Court are not clearly and explicitly stated about the princi
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46

Boldyrev, Vladimir. "Civil-law construction of a legal entity non-owner." News of higher educational institutions. Jurisprudence, no. 313 (June 30, 2014): 128–36. https://doi.org/10.5281/zenodo.15544235.

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The article proves that the construction of a legal entity - non-owner determines the following characteristics of the corresponding right-holders: 1) lack of ability to hold an ownership title; 2) the ability to possess property on specific titles, not typical for other legal entities, natural persons and public institutions; 3) special legal capacity the peculiarity of which is the prohibition to enter the definite contractual relations expressly stipulated by the law; 4) the possibility to perform the most important legal actions with the consent of another right-holder (an owner).
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47

Yuldashov, Abdumumin. "THE ROLE OF COLLECTIVE MANAGEMENT IN ENSURING COPYRIGHT PROTECTION IN UZBEKISTAN." Jurisprudence 2, no. 2 (2022): 71–81. http://dx.doi.org/10.51788/tsul.jurisprudence.2.2./ywgv1230.

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The article discusses the current state and processes of copyright protection in Uzbekistan, in particular, the role of organizations that manage property rights on a collective basis. It is known that according to the Law of the Republic of Uzbekistan “On Copyright and Related Rights”, authors, performers, producers of phonograms or other copyright holders of works of science, literature and art, in order to exercise their property rights, have the right to create organizations that manage their property rights on a collective basis. The article highlights the legal significance of the legal
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48

MacDonald, Karen E. "A Right to a Healthful Environment – Humans and Habitats: Re–thinking Rights in an Age of Climate Change." European Energy and Environmental Law Review 17, Issue 4 (2008): 213–26. http://dx.doi.org/10.54648/eelr2008020.

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With the continuing international focus on climate change, this article asserts that the European Union is in a position of global leadership which should be employed in order to address some of the justice–based issues associated with climate impacts. One means of addressing the arguable inequitable effects associated with climate change is through a rights–based approach. Hence, this article re–visits the 1990s debate for a right to a healthful environment by integrating it within a climate change context. Section 1 discusses the notion that many have proposed that a right to a healthful env
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49

Kafrawi, Rachman Maulana, Bambang Ariyanto, and Nikmah Mentari. "Tanggung Gugat Terhadap Penyalahgunaan Hak Guna Usaha pada Lahan Perkebunan." Jurnal Hukum Ius Quia Iustum 29, no. 3 (2022): 633–51. http://dx.doi.org/10.20885/iustum.vol29.iss3.art8.

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Misperceptions or misconceptions on the importance of land in people's lives by turning land into an economic commodity have triggered social conflicts, one of the most prominent problems in the land sector lately is social conflict over plantation land. The problems studied in this research are how is the mechanism for the permit of Cultivation Rights (Hak Guna Usaha, HGU) on plantation land and how to hold accountability for the use of plantation land outside the Cultivation Right. The method used is normative juridical by using normative analysis methods. The results of this study conclude
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50

Staroverova, Ekaterina. "Prozhitok as the Estate in Land in the Muscovite State: from the 16th Century to the First Half of the 17th Century." Proceedings of the Institute of State and Law of the RAS 14, no. 1 (2019): 34–56. http://dx.doi.org/10.35427/2073-4522-2019-14-1-staroverova.

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In the Muscovite State of the second half of the 15th century the pomest’e system began to take shape. The pomest’e estates were granted by the crown or the church on condition of service and held for a period of service only. The holders were not entitled to dispose of pomest’e lands, and their estates were not hereditary. It raised the question of how the needs of retired servicemen and decedents’ family members should be supplied. The question was resolved by means of prozhitok — the law institution that provided the opportunity for the above-mentioned persons to obtain a part of pomest’e l
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