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Journal articles on the topic 'The High Court of Intellectual Property'

Author: Grafiati

Published: 28 May 2022

Last updated: 30 July 2025

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1

Drozdov, Oleksandr, and Mykola Pototskyi. "Legal and organizational principles of creation high court of intellectual property." Theory and Practice of Intellectual Property, no. 2 (June 23, 2022): 39–53. http://dx.doi.org/10.33731/22022.259743.

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Keywords: litigation, intellectual property law, High Court of Intellectual Property,European Union law Analysis of the legal and organizational supportfor the establishment of the High court of intellectual property revealed a scientificproblem regarding the lack of implementation of the constitutional provision accordingto which higher specialized courts may act in accordance with the law, the absenceof the Law of Ukraine «On the High Court of Intellectual Property» proceduralnorms that should ensure the activities of this court to hear cases on intellectualproperty rights.The purpose of the

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2

Grynchuk, Vladyslav. "THE HIGH COURT ON INTELLECTUAL PROPERTY ISSUES: PROBLEMS AND PROSPECTS OF ACTIVITY." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 122 (2022): 20–24. http://dx.doi.org/10.17721/1728-2195/2022/3.122-4.

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The article examines the features of the protection of intellectual property rights, taking into account the formation in Ukraine of a specialized judicial body for the consideration and resolution of disputes in this area – the Supreme Court for Intellectual Property. The publication analyzes the characteristics and difficulties of litigation and dispute resolution in the field of intellectual property, contradictions with the current legislation of Ukraine governing relations of intellectual activity, organizational issues, problems and prospects for the activities of the Supreme Court on in

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3

Malakoff, D. "INTELLECTUAL PROPERTY: High Court Reins In Patent Pirates." Science 296, no. 5574 (2002): 1778b—1779. http://dx.doi.org/10.1126/science.296.5574.1778b.

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4

Shabalin, Andrii. "Procedural issues of applying to the court for the protection of intellectual property rights." Theory and Practice of Intellectual Property, no. 2 (July 6, 2021): 46–55. http://dx.doi.org/10.33731/22021.236553.

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Keywords: protection of intellectual property, court, EPC of Ukraine, CPC of Ukraine, European Court of Human Rights This scientific article explores the proceduralissues of going to court in case there is a violation of intellectual property rights. Inthe process of scientific research, the issues of jurisdiction in court cases on violationof intellectual property rights have been analyzed, the legal features of jurisdiction inlawsuits for violation of intellectual property rights have been determined, requirementsfor the content of a legal claim. Based on analysis of the economic proce

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5

Glotov, Sergiy. "The high court for intellectual property as an element of the judicial system in Ukraine. CONTRA SENTENTIAM." Theory and Practice of Intellectual Property, no. 4 (October 19, 2022): 121–32. http://dx.doi.org/10.33731/42022.265935.

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Keywords: intellectual property law, Higher IP Court, judicial system, legal position,fact in issue Based on the analysis of the provisions of the Law of Ukraine «On Judicial System and Status of Judges», provisionsof procedural codes, as well as international practices, the author expresses doubts about the expediency of existence in the judicial system of Ukraine of a Higher Intellectual Property Court as a separate judicial institution. The identified proceduraland organizational flaws point to the untenability of the position that introducing such a specialized court into the judicia

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6

Dutson, Stuart. "The Infringement of Foreign Intellectual Property Rights—A Restatement of the Terms of Engagement." International and Comparative Law Quarterly 47, no. 3 (1998): 659–79. http://dx.doi.org/10.1017/s0020589300062229.

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“Until comparatively recently, intellectual property rights were viewed as entirely national in scope and effect … the courts here could not and would not try issues of validity and infringement of foreign intellectual property rights.” The recent developments that Laddie J was referring to have led to the High Court exercising a much expanded jurisdiction in cases of intellectual property infringements and international litigation. These developments mean that there is yet another reason why international litigants could be attracted to the English courts. However, they have also led to new b

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7

Vaidya, Rashesh. "Intellectual Property: Legal Provisions and Legal Cases in Nepal." Studies in Law and Justice 2, no. 1 (2023): 26–38. http://dx.doi.org/10.56397/slj.2023.03.04.

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Strengthening the legal protection of intellectual property (IP) is a major concern for entrepreneurs, inventors, and intellectual communities. It is accountable to the nation to protect its indigenous technology by strengthening its legal footing. Nepal, being a member of the World Trade Organization, is bound to develop a legal framework for the protection of intellectual property. Hence, the country has updated the laws related to IP within the Constitution, Acts, and Rules. There are an increasing number of legal conflicts arising regarding intellectual property in the courts of Nepal. The

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8

Kateryna, Midnytska. "THE PROBLEM ISSUES OF THE DETERMINATION OF THE JURISDICTION IN THE IMPLEMENTATION OF THE JUDICIAL PROTECTION OF THE RIGHTS OF INTELLECTUAL PROPERTY ON THE INTERNET AND THE WAYS TO SOLVE THEM." ISSN 2353-8406 Knowledge, Education, Law, Management 2019 № 3/4 (27/28) (December 15, 2019): 111–31. https://doi.org/10.5281/zenodo.3833651.

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The article examines the problem issues of the determination of the jurisdiction of the courts in the implementation of the protection of the rights of the intellectual property given the establishment of a specialized judicial institution in Ukraine for consideration and settlement of disputes in this area – The High Court of the issues of the intellectual property, however, which has not begun its work yet. The ambiguous interpretation and law is the application of the legislation, which regulates the jurisdiction of the cases of the specified category, is connected, first of all, with

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9

BEDRATYI, Yurii. "The modern concept of judicial protection of intellectual property rights." Economics. Finances. Law, no. 12/3 (December 28, 2019): 31–35. http://dx.doi.org/10.37634/efp.2019.12(3).6.

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Introduction. The European integration vector of Ukraine's development has significantly increased the requirements for the quality of legal and regulatory support for the effective protection of human rights, which is one of the main conditions for integration into the European political, legal, economic and cultural space. The analysis of existing works shows that the attention of the scientific community to the judicial protection of intellectual property rights has intensified in connection with the creation of the Supreme Court of Intellectual Property in 2017. However, as of 2019, the co

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10

Volovyk, Serhiy. "IP-court as an actor of state policy in the field of intellectual property in Ukraine." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 3, no. 3 (2020): 264–70. http://dx.doi.org/10.31733/2078-3566-2020-3-264-270.

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The article examines the IP court as an actor of state policy in the field of intellectual property in Ukraine. Emphasis is placed on the current article, which is due to the European integration course of Ukraine and bringing domestic legislation in line with European Union legislation. The essence of state policy in the field of intellectual property in Ukraine is defined, which means the set of formed and legally established goals, objectives, functions, interests, which are guided by public authorities in the implementation of state management of intellectual property, and their practical

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11

Ribera Blanes, Begoña. "Intellectual Property in Relation to Translations from a Spanish Legal Perspective." Gdańskie Studia Prawnicze, no. 4(65)/2024 (December 16, 2024): 9–30. https://doi.org/10.26881/gsp.2024.4.01.

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In Spain, it is quite common for translators to see their intellectual property rights infringed by publishers without the infringement reaching the courts, let alone the high court, our Supreme Court. In the case discussed here, a publisher incorporated the complete translation of a short story into an anthology of Japanese literature without the author’s permission; such use is not covered as an example of quotation or by any of the exceptions to copyright provided for in current Spanish legislation. The incorporation of another’s copyrighted work, however brief it may be, and its subsequent

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12

Wahdani, Fahed. "The impact of the American Supreme Court decision over characterizing domain names as a digital trademark." Zbornik radova Pravnog fakulteta, Novi Sad 56, no. 2 (2022): 621–47. http://dx.doi.org/10.5937/zrpfns56-38029.

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Though the trademark holder registered his trademark as a domain name, legal scholars and courts did not clarify the legal character of the domain name. To this point, the debate about the nature of domain names was limited to whether the domain name is nonintellectual property or a kind of intellectual property. Even for those who believe that domain names would have intellectual property rights, the essence of this right is still wrapped up in mysteries. More often than not, the court's decisions were limited to considering the domain name as intellectual property or not until the supreme hi

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Zadnipryana-Korinna, M. "LEGAL BASIS OF PROTECTION OF INTELLECTUAL PROPERTY." SCIENTIFIC-DISCUSSION, no. 72 (January 11, 2023): 33–37. https://doi.org/10.5281/zenodo.7523791.

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This article analyzes the issue of protection of intellectual property rights on the example of international countries. Specialists in this field are convinced of the necessity of mandatory preventive measures for the protection of intellectual property. The resolution of disputes in the field of intellectual property with the participation of specialists makes it possible to use all promising options to get out of the situation with the least losses and with a possible benefit. This issue is relevant and requires detailed consideration. Today, in the field of business, the so-called intangib

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Cherniak, O. "Ways of protecting trademark rights in Ukraine Ways of protecting trademark rights in Ukraine." Analytical and Comparative Jurisprudence, no. 2 (May 11, 2024): 255–61. http://dx.doi.org/10.24144/2788-6018.2024.02.44.

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The article deals with the issue of ways to protect trademark rights in Ukraine. The author analyzes the issue of protection of trademarks in the European Union by applicants from Ukraine. The experience of specialized judicial bodies in the consideration of cases related to intellectual property legislation (inventions, trademarks, industrial designs, geographical indications, unfair competition, copyright, traditional knowledge, etc.) is considered, which is useful not only for the right holders of this kind, and for society as a whole. It is determined that in Ukraine there are the followin

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15

Morris, P. Sean. "Intellectual Property Investment at the International Court of Justice After Certain Iranian Assets." Global Trade and Customs Journal 18, Issue 11/12 (2023): 476–81. http://dx.doi.org/10.54648/gtcj2023058.

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In Certain Iranian Assets, the International Court of Justice (ICJ) acknowledges that the protection of patents is part of the broader remit of a corporate entity with legal personality in international law. The case was not about intellectual property investments, nor was it a case about investment protection in the proper sense of that body of law. However, when the Court, in very light form, mentions the protection of patents, the World Court raises the bar for the dynamics of intellectual property investments in international law. This comment seeks to do two things. Frist, it will map out

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16

Kuryava, V. V. "Strategic directions and prospects for improving the activities of the Supreme Court on intellectual property." Legal horizons, no. 25 (2020): 39–44. http://dx.doi.org/10.21272/legalhorizons.2020.i25.p39.

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The evolution of intellectual property has led to a steady increase in their importance to the modern world economy. Intellectual property has become the highest indicator of the competitiveness of the modern state. Today, the objects of intellectual property rights are the driving force of state policy in all its spheres - economy, health care, security, food, labor, trade, environment, etc. In recent decades, in modern political conditions, the relationship between the executive and the legislature has changed, which has had an impact on the place and role of the judiciary in this system. Th

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17

Shestak, Viktor, and Angelina Anikanova. "History of the formation and development of the institute of intellectual property in Japan." OOO "Zhurnal "Voprosy Istorii" 2021, no. 04-2 (2021): 207–13. http://dx.doi.org/10.31166/voprosyistorii202104statyi16.

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The development of the legal system of any country is impossible without the protection of intellectual property. Japan, as a country with an economic culture of exporting technologies and equipment, pays special attention to this issue. First of all, this is due to the priority direction of the state policy of Japan, a country of advanced technologies and innovations. The whole system of creation and protection of the intellectual property in Japan is regulated by the Copyright Act (Act No. 48 of 1970), Intellectual Property (Law No.122 of 2002), disputes shall be resolved in the Intellectual

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18

Miglo, Anton. "The Development of Property Rights for Intellectual Property." Journal of Economics and Behavioral Studies 3, no. 4 (2011): 224–34. http://dx.doi.org/10.22610/jebs.v3i4.275.

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This article analyzes the development of property rights (PR) for intellectual property (IP). There is a fundamental tension between competition policy and IP. IP rights confer a certain degree of monopoly power on the owner of IP rights. Some authors found that there are too many patents in Biotechnological or Internet industry. The regulation of intellectual property has expanded dramatically in many countries in recent years and competition authorities are increasingly asking for methodological help in determining the duration and scope of patents. The issue has taken on an increased import

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19

Kintisch, E. "U.S. INTELLECTUAL PROPERTY: Patent Experts Hope High Court Will Clarify What's Obvious." Science 314, no. 5803 (2006): 1230a—1231a. http://dx.doi.org/10.1126/science.314.5803.1230a.

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20

Poplavskyi, Volodymyr Yu, Tetiana А. Todoroshko, and Vera V. Нerasіuta. "REFORMING OF THE SYSTEM OF LEGAL PROTECTION IN THE SPHERE OF INTELLECTUAL PROPERTY IN UKRAINE." Bulletin of Alfred Nobel University Series "Law" 1, no. 4 (2022): 43–49. http://dx.doi.org/10.32342/2709-6408-2022-1-4-4.

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The article is devoted to the reform of the system of legal protection in the field of intellectual property and the improvement of legislation in Ukraine, its compliance with international standards. The authors note that it is necessary to improve the system of intellectual property legal protection, with using world experience. Also, they pay attention that in Ukraine there is an insufficient level of protection of intellectual property rights. The authors note that education and formation of public consciousness are quite important. It is proposed to conduct a large-scale educational campa

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21

Bae, Byung Ho. "Comments on the Adoption of Discretionary Preemption in Patent Prosecution." Korean Administrative Law Association 25 (September 30, 2023): 135–57. http://dx.doi.org/10.59826/kdps.2023.25.135.

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As the world's fourth-largest patent applicant country, the value of intellectual property rights has been emphasized, and disputes are increasing and the relevant legal system is changing. The system for resolving such disputes is based on a two-pronged structure of patent prosecution and patent infringement litigation, in which necessary preemption is largely applied depending on the type of dispute. First of all, in the case of patent law, disputes over patent applications and their examination procedures are basically only subject to patent examination by patent judges as a special f

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22

Kuryava, V. V. "Conceptual principles of the creation of the high court of intellectual property in Ukraine." Science and Education a New Dimension VII(192), no. 32 (2019): 44–46. http://dx.doi.org/10.31174/send-hs2019-192vii32-10.

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23

Struk, I. О., M. M. Kalinichenko, and Yu S. Harabuga. "EXPERIENCE OF NORTH AMERICAN SPECIALISTS ON RESEARCHES OF PHOTOGRAPHIC PRODUCTS AS OBJECTS OF THE COPYRIGHT." Theory and Practice of Forensic Science and Criminalistics 17 (November 29, 2017): 373–81. http://dx.doi.org/10.32353/khrife.2017.48.

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In the modern epoch of digital techniques the photographic works gained considerable popularity and widespread use through the Internet. Because of easy access to the high- quality digital copies of photographs, unfair individuals in their business activities often use copyrighted photographic works without a license from the authors or copyright holders. Taking into account the actuality of this problem for the Ukrainian authors and national legal system, considering the prospect of establishing the High Specialized Court for Intellectual Property, and also in view of the urgent need of creat

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24

Pototskyy, Mykola. "Codification of the legislation of Ukraine on intellectual property: material and procedural aspects." Theory and Practice of Intellectual Property, no. 6 (December 27, 2021): 5–16. http://dx.doi.org/10.33731/62021.248969.

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Key words: intellectual property law, legislation, material norms, proceduralnorms, codification The article is devoted to the study oflegislative problems that determine the appropriateness of the codification of Ukrainianlegislation on intellectual property. The current state of legislation in this area,the results of the reforms of procedural legislation of 20218 and special legislation of2020 are analysed. It is concluded that the special legislation of Ukraine on intellectualproperty requires further systemic improvement, unification, taking into accountthe development of the enforc

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25

Saardchom, Narumon. "Design Patent War: Apple versus Samsung." South Asian Journal of Business and Management Cases 3, no. 2 (2014): 221–28. http://dx.doi.org/10.1177/2277977914548341.

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High-technology companies that have brought innovation to the market also use their innovation to claim their intellectual property rights around the world. In 2011, Apple Inc. started to claim its design patent over Samsung Electronics Company in the Unites States (US) court and the disputes then expanded to more than 50 lawsuits in numerous courts around the world, and became a design patent war. The amount of damages in a US verdict was the largest design patent infringement jury award of all time—US$ 1.05 billion, the amount by which most companies would become bankrupt by a single infring

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Kuryava, Viktoriia. "STRATEGIC DIRECTIONS AND PROSPECTS OF IMPROVING THE ACTIVITIES OF THE HIGH COURT ON INTELLECTUAL PROPERTY." Knowledge, Education, Law, Management 1, no. 4 (2020): 184–88. http://dx.doi.org/10.51647/kelm.2020.4.1.34.

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27

Doroshenko, Oleksandr, Vitalii Petrenko, and Hryhorii Dorozhko. "Directions of improvement of efficiency of judicial expertise in cases concerning objects of intellectual property." Theory and Practice of Intellectual Property, no. 1 (June 3, 2022): 44–54. http://dx.doi.org/10.33731/12022.258190.

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Key words: effectiveness of judicial expertise, expert conclusion, improvement of the legislative framework of judicial expertise, training and retraining of the staff of judicial experts, assessment of the expert's conclusion by the court The article is devoted to the question of determining directions of increase in effectiveness of judicial examination of violated rights on objects of intellectual property. The essence of the concept "effectiveness of judicial expertise" is revealed, which can be used for the processes of judicial expertise considering the peculiarities of intellectua

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28

Nair, Jayadevan S. "Exploring Possibilties for a Right against Destruction for Architects." Christ University Law Journal 13, no. 1 (2024): 59–85. https://doi.org/10.12728/culj.24.3.

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The courts and legal frameworks across the globe have not been unanimous as to whether the right against destruction should be a moral right or not for artists in general and for architects in particular. Both common law and civil law countries have been non-committal and lack uniformity in their approach in this regard. The right against destruction has been distinguished from other rights on the premise that there is no loss/detriment caused to the artist by the destruction of the creation. Despite its beneficent presence in the Copyright Act, 1957 the recent denial of moral rights against d

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29

Houÿez, François. "High Price Medicines and Health Budgets: The Role Patients’ and Consumers’ Organisations Can Play." European Journal of Health Law 27, no. 3 (2020): 309–23. http://dx.doi.org/10.1163/15718093-bja10008.

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Abstract Healthcare systems face challenges due to budget constraints, complex therapies, and new treatments for rare diseases. One of the most successful patient advocacy campaigns of all times was initiated by people living with HIV and AIDS in African countries. Facing industry giants, they won court cases allowing governments to ignore intellectual property rights when the price of a medicine was abnormally high. This led to the approval of the international ‘Agreement on Trade Related aspects of Intellectual Property Rights’, which contributed to improving the availability of AIDS treatme

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30

Prylutskyi, Serhii. "PRINCIPLE OF JUDICIAL SPECIALIZATION THROUGH THE PRISM OF THE CONCEPT OF THE NATURAL COURT." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 122 (2022): 64–72. http://dx.doi.org/10.17721/1728-2195/2022/3.122-11.

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In the current conditions of intensive development of public relations and the complication of their legal regulation more and more states are turning to the institute of specialization of the judiciary organization and judiciary exercise. Thus, in Ukraine, it is established at the constitutional level that the judicial system of Ukraine is built on the principles of territoriality and specialization, additionally, higher specialized courts may operate in accordance with the law. Moreover, the Constitution of Ukraine states that the establishment of extraordinary and special courts is not allo

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31

Liu, Yue, Liming Chen, Han Luo, Yuzhao Liu, and Yixian Wen. "The impact of intellectual property rights protection on green innovation: A quasi-natural experiment based on the pilot policy of the Chinese intellectual property court." Mathematical Biosciences and Engineering 21, no. 2 (2024): 2587–607. http://dx.doi.org/10.3934/mbe.2024114.

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<abstract> <p>In the context of high-quality economic development in China, it is important to promote green innovation development by protecting intellectual property rights (IPR). Taking the pilot policy of the intellectual property courts in Beijing, Shanghai, and Guangzhou for example in a quasi-natural experiment, this article examines the effect of IPR protection on the development of corporate green innovation and its mechanisms by using a difference-in-differences model and a mediating effect model based on Chinese enterprise data from 2011 to 2019. The study found that fir

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32

Lytvynenko, Yevheniia V., Kateryna D. Yanishevska, and Svitlana S. Leleka. "PROTECTION OF INTELLECTUAL PROPERTY RIGHTS UNDER THE CIVIL LAW OF UKRAINE: MATERIAL AND PROCEDURAL ASPECTS." Bulletin of Alfred Nobel University Series "Law" 1, no. 8 (2024): 49–56. http://dx.doi.org/10.32342/2709-6408-2024-1-8-5.

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In the current realities of Ukraine, the study of the problem of intellectual property rights protection under the civil legislation of Ukraine, with a focus on the latter through the prism of material and procedural aspects, is relevant and urgent. The vast majority of Ukrainians are involved in the intellectual property sector and are put off by its low level of protection. Moreover, foreign investors are also concerned about this issue, which, as a result, reduces the volume of foreign investment. Solving the problems of protection of intellectual property rights contributes to ensuring sta

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33

Ma, Xiao, and Shujie Feng. "To Increase Damages of Intellectual Property Infringement in China: A Double-Edged Sword for the Market." Journal of World Trade 53, Issue 1 (2019): 39–58. http://dx.doi.org/10.54648/trad2019002.

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TRIPs Agreement encourages WTO members to enhance intellectual property (IP) protection, and developed countries have been pushing developing countries to the high level of protection of IP. However, this is not always good for the market. The damages for IP infringement increased drastically in China in recent years. This has drawn our attention to the application of the Chinese IP laws. This article analysed the rules in Chinese patent, trademark and copyright laws and their application by Chinese courts regarding damages adjudication with most updated legislative documents, statistics, impo

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GEORGIIEVSKYI, I. "Organizational and legal problems of the formation of the High Court of Intellectual Property in contemporary conditions." Public Law 42, no. 2 (2021): 26–39. http://dx.doi.org/10.32782/2306-9082/2021-42-3.

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Kihwelo, Paul Faustin. "Intellectual Property Rights Jurisprudence in Tanzania: Turning an Eye to the Commercial Division of the High Court." Journal of World Intellectual Property 9, no. 6 (2006): 673–93. http://dx.doi.org/10.1111/j.1422-2213.2006.00307.x.

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Prylutskyi, Serhii, Olha Strieltsova, and Ilkin Nurullaiev. "Judicial Specialisation Through the Prism of the Principle of a “Natural Court”: A Comparative Analysis." Access to Justice in Eastern Europe 5, no. 1 (2022): 100–115. http://dx.doi.org/10.33327/ajee-18-5.1-n000103.

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Background: In the current conditions of the intensive development of public relations and the complication of their legal regulation, more and more states are turning to the specialisation of the judiciary and judicial exercise. Thus, in Ukraine, it is established at the constitutional level that the judicial system in Ukraine is built on the principles of territoriality and specialisation, and higher specialised courts may operate in accordance with the law. In addition, the Constitution of Ukraine states that the establishment of extraordinary and special courts is not allowed. Art. 31 of t

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Griffiths, Jonathan. "The Tobacco Industry’s Challenge to the United Kingdom’s Standardised Packaging Legislation – Global Lessons for Tobacco Control Policy?" QUT Law Review 17, no. 2 (2017): 66. http://dx.doi.org/10.5204/qutlr.v17i2.717.

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In 2015, legislation imposing a standardised packaging regime for tobacco products was passed by the United Kingdom Parliament. The Standardised Packaging of Tobacco Products Regulations 2015 (UK) came into effect fully from 21 May 2017 and were contested vigorously by the tobacco industry, both through the legislative consultation process and in the courts. This article focuses on the claim for judicial review brought by the industry against the Regulations, R on the Application of British American Tobacco Limited v The Secretary of State for Health. In that case, the introduction of standard

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Takigawa, Toshiaki. "Standard-Essential Patents and the Japanese Competition Law in Comparison with China, the U.S., and the EU." Antitrust Bulletin 62, no. 3 (2017): 483–93. http://dx.doi.org/10.1177/0003603x17718683.

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Despite having committed to FRAND (fair, reasonable and nondiscriminatory) terms, not a few standard essential patent (SEP) owners have engaged in holdup (such as suing for injunction, or levying very high royalty), which has triggered antitrust/competition actions in the U.S., the EU, China, Japan, and Korea. This article focuses on the Japanese situation, highlighting its difference with the Chinese one. The Japanese competition agency (JFTC) as well as the Japanese Intellectual Property (IP) High Court have closely studied the jurisprudence in the U.S. and the EU, coming up with solutions i

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Frampton, Sally. "Patents, Priority Disputes and the Value of Credit: Towards a History (and Pre-History) of Intellectual Property in Medicine." Medical History 55, no. 3 (2011): 319–24. http://dx.doi.org/10.1017/s0025727300005330.

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In recent years, intellectual property in medicine has generated much debate, becoming one of the most significant issues in modern day medical ethics and linking in with wider discussions about the commercialisation of medicine and the commodification of the human body. Recent high-profile cases in the USA have centred on gene patenting, that having been enthusiastically practised by universities and biotechnology companies, is now having its legality questioned. The unexpected March 2010 ruling of a federal court against Myriad Genetics, which invalidated the company's patents on the BRCA1 a

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40

Kulchytskyi, Viktor. "Role of intellectual property in the development of the state’s innovation potential." Law. Human. Environment 14, no. 3 (2023): 23–45. http://dx.doi.org/10.31548/law/3.2023.23.

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The war poses serious challenges to the economy, national security, and development of the country as a whole, and innovation can be an important tool in overcoming these challenges. The research aims to study the impact of intellectual property on stimulating and promoting innovative development in the context of technological progress. The methods of scientific cognition used include analysis, synthesis, deduction, comparison, generalisation, and systematisation; a systematic approach was applied to create a comprehensive methodology for analysing the situation in the intellectual property m

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Abed, Raghad Fawzi. "Terms of Reference of The Iraqi Commercial Court." Akkad Journal Of Law And Public Policy 1, no. 1 (2021): 16–23. http://dx.doi.org/10.55202/ajlpp.v1i1.63.

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In light of the Iraqi Supreme Judicial Council No. (74) for the year 2000 and its influence on the economic and commercial side, this study attempts to illustrate the viability of founding the Iraqi Commercial Court. It is the whole seed. The goal is to make commercial conflicts more swiftly and efficiently resolved through establishing an expert commercial judiciary. Specialized judges with high expertise and knowledge help ensure that court judgments are successful in both processes and causes. In light of the statement published by the Supreme Judicial Council No. (74) for the year 2020, th

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Клочко, А. М., та А. О. Дігтяр. "Розмежування банківської та комерційної таємниці як об'єктів кримінально-правової охорони та забезпечення права інтелектуальної власності". Форум права 53, № 5 (2018): 50–58. https://doi.org/10.5281/zenodo.2527936.

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Проаналізовано вплив судової реформи, результатом якої стало утворення Вищого суду з питань інтелектуальної власності на сучасний стан кримінально-правової охорони комерційної таємниці, як об’єкта права інтелектуальної власності. Актуалізація питання охорони прав інтелектуальної власності обумовлює потребу виділення окремих норм у складі Особливої частини Кримінального кодексу, зокрема, що стосується ст.232 "Розголошення комерційної або банківської таємниці". Обґрунтовано, що через різну правову природу комерційна та банківська таємниця виступають різними самостійними об’

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Kuriava, V. V. "THE PLACE AND ROLE STATE JUDICIAL ADMINISTRATION OF UKRAINE IN ORGANIZATIONAL SUPPORT OF THE HIGH COURT OF INTELLECTUAL PROPERTY." Uzhhorod National University Herald. Series: Law 59, no. 2 (2019): 49–53. http://dx.doi.org/10.32782/2307-3322.59-2.11.

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MSc, Ana Rushiti. "THE ROLE OF TECHNOLOGY IN PREVENTING AND FIGHTING ORGANIZED CRIME, FINANCIAL CRIMES AND CORRUPTION." IJRDO - Journal of Social Science and Humanities Research 7, no. 6 (2022): 57–68. http://dx.doi.org/10.53555/sshr.v7i6.5179.

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Albania is a country where very little has been said about intellectual and industrial property. The chosen topic is a necessary topic to be addressed as intellectual property is in great need of experts in this important field. Many certain individuals make works like in music, in various arts, poetry, various scientific articles, the production of a trademark in the market, but they do not know their rights and obligations arising from intellectual property. In this paper it is important treatment of the albanian legal framework versus the european legal framework related to intellectual pro

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Pathan, Ashfaq, Ketan Desai, and Ruchi Tiwari. "The Legal Dynamics of E-Commerce and Direct Selling: A Comprehensive Analysis of The Amway India Enterprises Vs. Union of India Case." Journal of Advanced Zoology 44, S-5 (2023): 1468–73. http://dx.doi.org/10.17762/jaz.v44is-5.1288.

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This research paper delves into the landmark case of Amway India Enterprises vs. Union of India, adjudicated by the Delhi High Court in July 2019. The case pertained to alleged interference by e-commerce giants such as Amazon and Flipkart in the contractual relationships between direct selling companies and their independent sales representatives. The paper dissects the intricate legal facets of this case, encompassing constitutional matters, intellectual property rights, information technology laws, consumer protection, and contractual and tort laws. A central issue examined was whether e-com

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Shunko, M. G. "Administrative and legal characteristics of the place and role of a judge of the Higher specialized court." Analytical and Comparative Jurisprudence, no. 4 (April 28, 2022): 228–31. http://dx.doi.org/10.24144/2788-6018.2021.04.40.

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One of the aspects of the implementation of judicial reform in Ukraine was the establishment of the High Specialized Courts, which were to ensure the administration of objective justice in important areas, including combating corruption and combating intellectual property offenses. In this context, it is important to determine not only the role and place of these judges in the judicial system of Ukraine in general, but also to provide administrative and legal characteristics of the place and role of judges of higher specialized courts in particular. The purpose of the article is the admi

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Prylutskyi, S. "PRINCIPLE OF NATURAL COURT: CURRENT PROBLEMS OF LEGAL UNDERSTANDING AND LAW ENFORCEMENT IN UKRAINE." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 119 (2021): 70–74. http://dx.doi.org/10.17721/1728-2195/2021/4.119-13.

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In 2016, a provision appeared in Article 125 of the Basic Law, which stipulated that higher specialized courts may operate in accordance with the law. Filling the content of this wording in, Article 31 of the Law "On the Judiciary and the Status of Judges" (2016) establishes that in the judicial system there are higher specialized courts as courts of first instance to consider certain categories of cases. This category of courts today includes the High Court of Intellectual Property and the High Anti-Corruption Court, activities of which are initiated by the relevant legislation. However, in p

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

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

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M.I., Logvynenko, and Jumaev M. "ACTUAL PROBLEMS OF ACCESS TO JUSTICE IN THE CONTEXT OF THE CREATION IN UKRAINE OF THE HIGH COURT OF INTELLECTUAL PROPERTY." Legal Horizons 12, no. 25 (2018): 63–69. http://dx.doi.org/10.21272/legalhorizons.2018.i12.p63.

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Dai, Jianmin, Zhisong Deng, and Song K. Jung. "Antitrust Enforcement Against Standard Essential Patents in China." Antitrust Bulletin 62, no. 3 (2017): 453–64. http://dx.doi.org/10.1177/0003603x17718681.

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Entering into the ninth year of the Anti-Monopoly Law of the People’s Republic of China (AML) in force, China has tackled high-profile cases, promulgated and implemented relevant rules and interpretations in regard to the interface between anti-monopoly and intellectual property rights, while relevant guidelines are in process at the same time. On one hand, the competition authorities in the tripartite system of antitrust enforcement have respectively shown their attitudes towards relevant issues concerning intellectual property rights (IPR)–related anticompetitive conducts by initiating inves

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