Development Of Intellectual Property Law Research Articles

Міжнародно-правові стандарти щодо правового регулювання cфери інтелектуальної власності: зарубіжний досвід

Before the twentieth century, obtaining intellectual property protection in different countries was considered a difficult task since the legislative regulations of this process were quite different. That is why more and more states wanted to systematise and develop a unified approach to the legal regulation of intellectual property at the international level. The emergence of international legislation on intellectual property is explained by the fact that the rights to the results of intellectual activity have the quality of a ‘territorial limitation’, i.e. in the absence of international treaties, they are recognised and protected only in the territory of the state where they originally appeared. The international system of legal regulation of social relations related to the creation and use of intellectual property results is based on the desire to overcome this contradiction. It interacts with national systems of intellectual property protection, ensuring the rights of creators outside their countries. The article emphasises that, given the intensification of international economic and cultural relations, the unification of intellectual property legislation is essential. The adoption of international treaties solves this problem only partially. The analysis shows that the development of international legal instruments does not contribute to, and sometimes even hinders, the development of intellectual property law since it is based on the prevailing paradigm, according to which ensuring a high level of legal protection of intellectual rights is the main criterion for assessing legislation. The author examines the current state of social relations in intellectual property law, the dynamics of international legal regulation, and the peculiarities of legislative adaptation to the current priorities of developed countries in this area.

Current trends in the development of the Intellectual Property Law

This article examines the prospects for the development of intellectual property law in national jurisdictions (Russian Federation, Republic of Indonesia, Federative Republic of Brazil, African countries and others), as well as the place of intellectual property in the system of the UN Sustainable Development Goals. The main areas of activity of the World Intellectual Property Organization in the context of achieving these goals, the results of the implementation and use of digital systems and artificial intelligence in the field of intellectual property in national jurisdictions (for example, automation of patent application processes, of document evaluation, of sending documents to the applicant) are analyzed, also the results of the implementation and application of the process of accelerated examination of “green” patents in a number of countries, including the Russian Federation. During the study, general scientific methods were used: analysis, synthesis, logical method, generalization, as well as a special legal method and a comparative legal method. The author came to the conclusion that the introduction of artificial intelligence and digital platforms into the activities of organizations in the field of intellectual property significantly speeds up and simplifies the entire process from filing a patent application to issuing a patent; it is necessary to create a unified database of “green” patents and carry out comprehensive work to popularize activities in the field of environmental inventions, since currently the search for “green” patents issued in Russia is difficult, and in general, environmental inventions in Russia account for only 1% of the total number of inventions; it is necessary to develop interstate cooperation in the field of intellectual property and develop joint projects, since the problems that need to be solved in the process of achieving Sustainable Development Goals are global in nature.

THE IMPACT OF TRIPS AGREEMENT ON THE DEVELOPMENT OF INTELLECTUAL PROPERTY LAWS IN INDONESIA

The purpose of this study is to analyze the impact of the TRIPs agreement on the development of intellectual property law in Indonesia. In the current era of globalization, the protection of intellectual property rights is related to global-scale trade at the international level. Protection of intellectual property rights becomes an important issue wherein the current era the development of technology, information and communication have developed very rapidly which gave rise to innovations. Therefore, it is necessary to study how the impact regarding the emergence of TRIPs and how the adjustments made by Indonesia so that the WTO/TRIPs Agreement is in accordance with the political dynamics of intellectual property law in Indonesia. This research is a doctrinal legal research based on secondary data. The materials used come from literature studies that focus on the study of intellectual property. Property rights become an important issue in the business world where business actors offering services or a product want to get guaranteed protection of intellectual property rights. One of the developments in intellectual property protection in Indonesia was affected by the Trade-Related Aspects of Intellectual Property Rights Agreement (TRIPs Agreement) which was found in the Uruguay Round agreement in the framework of GATT (General Agreement on Tariffs and Trade). Indonesia also agreed to the Uruguay round of GATT by adjusting intellectual property laws that have been regulated in TRIPs which marked the opening of provisions regarding TRIPs with in Indonesian legal system. Therefore it becomes Indonesia's obligation to harmonize and synergy exiscing the legal instruments and strict law enforcement in the protection of intellectual property in Indonesia.

АВТОРСЬКЕ ПРАВО У ЦИФРОВУ ЕПОХУ: ОСНОВНІ ТЕНДЕНЦІЇ І ЗМІНИ

The article considers the legal analysis of copyright development trends in the digital era. The challenges facing copyright in today's conditions are analyzed. It is proven that the legal regulation of relations regarding the use of intellectual property objects in the digital environment is imperfect, since the legislation in this area objectively does not keep up with the rapid development of technologies. It is substantiated that the improvement of the legal regulation of copyright relations takes place taking into account the trends in the development of intellectual property law. The trends in copyright development determined by digital technologies, which will form the appropriate legal regulation, are identified, which include: the advantage of the digital form of existence of copyright objects; the existence of exclusively digital copyright objects (in particular, a computer program), as well as objects that almost always exist in a digital form (databases, audiovisual works, photographs, etc.), the creation of most copyright objects in digital form with the subsequent possibility of transfer to a paper or other form of expression; the possibility of a quick digitization of copyright objects, etc. It is established that the digital environment causes the creation of new copyright objects, the legal regime of which is not fully defined (video game, multimedia). It is proven that digital objects of copyright (such as computer programs, databases, etc.) need a certain legal regime, which can be achieved by adopting appropriate legislative regulation. It is highlighted that the existence of copyright objects in digital form changes the possibilities of the author and other persons regarding the use of such objects, namely regarding storage, reproduction and modification. It is concluded that almost all copyright objects can be digitized; digitization is a form of use of the work, and must be carried out with the consent of the subject of copyright, who owns property copyright, except for cases of free use of the work, which are provided by law. It is established that due to the possible uncontrolled distribution of digital (and digitized) copyright objects in the digital environment, a «take down notice» procedure was developed. It is substantiated that the tendency of copyright development is to increase the weight of the principle of observing the balance of the interests of authors and the public (private and public interests), in particular, the right holder should not create unjustified obstacles to the use of copyright objects contained in digital form. It is emphasized that another trend in the development of copyright is the need to strengthen international cooperation regarding the adoption of interstate, international acts that will determine the specifics of legal protection of copyright objects outside the country in which these objects were created. It is proven that the fight against piracy in the digital environment takes on new forms of countermeasures, while the main place is given to technical means of protection and the ability to track and detect violators. It is justified that copyright in its development should take into account the significant spread of so-called «free public licenses», which are widely used in the Internet environment (Creative Commons, general public license and others). A significant increase in the role of artificial intelligence (artificial intelligence) as a creator of copyright objects, in relation to which its legal personality arises, was noted.

Problems of legal regulation of the protection of the results of scientific activity and technological transfer: the experience of the European Organization for Nuclear Research

In this article, the authors have made an attempt to identify the main problems associated with the legal regulation of the protection of the results of scientific activities and technological transfer on the example of the experience of the European Organization for Nuclear Research (CERN). The authors formulate the key directions of the development of intellectual property law in relation to the protection of the results of scientific activity, especially objects of the “megascience” class. In conclusion, the possibility of using the European experience of legal regulation of the protection of intellectual property rights to these objects in the Russian Federation is considered, including in the context of technology transfer.

Developments in Intellectual Property Law: October 1, 2019 -- September 30, 2020

Developments in Intellectual Property Law: October 1, 2019 -- September 30, 2020

The impact of digital technologies on the development of intellectual property law

The impact of digital technologies on the development of intellectual property law

Trademark Disputes And Role Of Arbitration

Tangible assets have been considered an essential resource for the growth of a business and were given utmost importance all over the world. Until the time the importance of intangible assets came into existence. It took over a decade or two to realize the importance of intangible assets and ultimately it led to the development of intellectual property laws. Intellectual properties in simple terms reflect any property, which is created with the person’s intellect that is to say; through a person’s mind. Intellectual Properties include Trademarks, Copyrights, Patents, Trade Secrets etc… Trademarks are a form of intellectual property. Trademarks are marks, that business entities use to differentiate goods or services from other existing businesses in the market. These marks include any word, symbols, phrases or insignia. There can be trademarks as well as service marks. Trademarks are used for the purpose of goods and service marks are used for the services provided by the various business houses or entities. Trademark disputes are disputes involving disputes or rivalry between various trademarks Trademark Dispute can be of various types. Disputes in registration of a Trademark, licensing of a Trademark or Trademark infringement, cybersquatting or domain name dispute. Arbitration has extended its jurisdiction toward the resolution of disputes involving trademarks due to the considerable growth in the Intellectual Property Sector. Various countries across the globe, including India, have started working towards their Intellectual Properties and made various laws, which govern them. However, with the growth in Intellectual Property, there has also been a spike in the Disputes relating to these. “Arbitration- Mediation” resolution method has been an aid in the resolution of intellectual property disputes. Still, no hard and fast rules have been made to date. The introduction of arbitration in the resolution of trademark disputes or IPR disputes will be an aid in lessening the burden on courts.

Developments in Intellectual Property Law: October 1, 2018--September 30, 2019

Developments in Intellectual Property Law: October 1, 2018--September 30, 2019

Developments in Intellectual Property Law: October 1, 2017-September 30, 2018

Developments in Intellectual Property Law: October 1, 2017-September 30, 2018

ՍԱՀՄԱՆԱԴՐԱԿԱՆ ԻՐԱՎՈՒՆՔՆԵՐԻ ԵՎ ԱԶԱՏՈՒԹՅՈՒՆՆԵՐԻ ԾԱԳՈՒՄԸ (ԳԵՆԵԶԻՍԸ), ԲՈՎԱՆԴԱԿՈՒԹՅՈՒՆԸ և ԷՈՒԹՅՈՒՆԸ ՄՏԱՎՈՐ ՍԵՓԱԿԱՆՈՒԹՅԱՆ ԲՆԱԳԱՎԱՌՈՒՄ/THE ORIGIN OF CONSTITUTIONAL RIGHTS AND FREEDOM (GENESIS), CONTENT AND ESSENCE IN THE FIELD OF INTELLECTUAL PROPERTY/ПРОИСХОЖДЕНИЕ (ГЕНЕЗИС), СОДЕРЖАНИЕ И СУЩНОСТЬ КОНСТИТУЦИОННЫХ ПРАВ И СВОБОД В ОБЛАСТИ ИНТЕЛЛЕКТУАЛЬНОЙ СОБСТВЕННОСТИ

This article introduces the concept, origin and development of Intellectual Property Law. From the intellectual property development point of view, the stages of the constitutional-legal settlement of Intellectual Property rights in the Republic of Armenia have been analyzed, drawing parallels with the freedom of creation. Also, the current regulations and envisaged developments have been touched upon.

Reinvigorating the Human Right to Technology

The right to technology is a forgotten human right. Dating back to 1948, the right was established by the Universal Declaration of Human Rights (“UDHR”) in response to the massive destruction wrought by technologically advanced weapons in the Second World War. This human right embodies one of the most profound lessons the framers of the UDHR learned from this war: Technology must benefit humanity rather than harm it. It has been more than seventy years since the adoption of the UDHR, and technology has advanced at a rapid pace and become more important than ever in our daily lives. Yet in this age of technology, the right to technology remains obscure, dormant, and ineffective. No other human right has received such scant attention, and the right to technology has indeed become an “orphan” in the international human rights regime. This article traces the origins of society’s disregard for the right and attributes it to the confluence of three main contributing factors: (1) the right’s inherent obscurity, (2) the ineffective human rights enforcement system, and (3) the international community’s overemphasis on intellectual property protection. The current human rights regime is unable to sufficiently address these complex factors, as it remains deeply rooted in the individual rights system and lacks a fully-fledged distributive justice vision. Against this backdrop, this article reinvigorates the right to technology by recommending its protection as a collective right. It considers how and why the right to technology should be redefined as a collective right that entitles people to enjoy the benefits of technological progress and minimizes the harms that such progress may cause. A collective right to technology can protect both larger societal interests in maintaining public freedom and dignity, as well as specific group interests in guarding against the use of technologies to prejudice group freedom and dignity. This new understanding of the right to technology, therefore, sets distributive justice agendas for promoting the development of intellectual property law into the public interest.

THE INTERPRETATION OF THE RULES ON RELATED RIGHTS IN THE RULING OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION OF APRIL 23, 2019

Abstract: acts of the Supreme Court of the Russian Federation have a significant impact on the development of intellectual property law. This impact can be both positive and negative. On April 23, 2019, the Plenum of the Supreme Court of the Russian Federation adopted a scale Ruling on the application of the part four of the Civil Code of the Russian Federation. The purpose of this article: to analyze the provisions on related rights established in this Ruling. We believe that the interpretation of the rules on related rights undertaken in the Ruling of the Plenum of the Supreme Court was carried out at a low level, contains a number of conceptual and logical errors. Some provisions of the Ruling are generally not an interpretation or explanation, but a retelling of the rules of the law.

Developments in Intellectual Property Law: October 1, 2015--September 30, 2016

Developments in Intellectual Property Law: October 1, 2015--September 30, 2016

Genesis of Patent: An Insight of Intellectual Property Rights Theories

Intellectual property is the property which has been created by exercise of intellectual faculty. India has a long history of protection of Intellectual Property Rights through a system of well developed substantive laws and established legal and administrative practice. It has a well developed structure for the enforcement of Intellectual property rights. The importance of patent system for stimulating inventions, research and development of the country is well recognized in India. The progress and prosperity of a nation depends upon the level of scientific, industrial and technological development. The main purpose of the researcher in this paper is to put some light on the genesis of patent which the researcher has tried to put forward by discussing the theories of Intellectual PropertyRights in detail and depth. Various theories like labour theory, inventive theory, schumpeterian theory, metaphysical theory have been vital in the development of intellectual property laws in India and abroad.

Intellectual Property in the System of Constitutional Order: Comparative Analysis

This article, using a comparative analysis of the development of intellectual property law, explores the current trends of constitutional and legal protection of intellectual property rights. It is concluded that the need to safeguard the rights of citizens, national security, creating an innovative economy defines the directions of the world constitutional development, one of which is the constitutionalisation of legal institution intellectual property rights. The author identifies the two major ways of constitutionalisation: legislative and interpretative. A subjective constitutional right to intellectual property performs a special "social function", which is to achieve an optimal balance between private and public interests. Constitutionalisation is a global trend of modern development of States, which is expressed in the universalization and strengthening of the constitutional values impact on institutions of different legal systems, which contributes substantially to their convergence. It is concluded that intellectual property is part of the basic constitutional principles of many foreign countries. Therefore, among the foundations of the constitutional system a new principle related to the development of relations should be allocated, including their facilitation, promotion, guaranteeing and support with a view to achieving economic and social progress of society, aimed at building the innovation (based on the knowledge economy) State.

Developments in Intellectual Property Law: October 1, 2014--September 30, 2015

Developments in Intellectual Property Law: October 1, 2014--September 30, 2015

Recent Developments in Intellectual Property Law in Uganda

The paper reviews legislative developments in Intellectual Property Law in Uganda over the past ten years including the passage of legislation on copyright, patents, trademarks, designs, geographical indications, trade secrets based on the TRIPS Agreement as well as nascent efforts to formulate institutional Intellectual Property policies.

Signed, Sealed, but not Delivered: The EU and the Ratification of the Marrakesh Treaty

This section is devoted to giving readers an inside view of the crossing point between intellectual property (IP) law and risk regulation. In addition to updating readers on the latest developments in IP law and policies in technological fields (including chemicals, pharmaceuticals, biotechnology, agriculture and foodstuffs), the section aims at verifying whether such laws and policies really stimulate scientific and technical progress and are capable of minimising the risks posed by on-going industrial developments to individuals’ health and safety, inter alia.

The Scope of ‘Patent Linkage’ in the US–South Korea Free Trade Agreement and the Potential Effects on International Trade Agreements

This section is devoted to giving readers an inside view of the crossing point between intellectual property (IP) law and risk regulation. In addition to updating readers on the latest developments in IP law and policies in technological fields (including chemicals, pharmaceuticals, biotechnology, agriculture and foodstuffs), the section aims at verifying whether such laws and policies really stimulate scientific and technical progress and are capable of minimising the risks posed by on-going industrial developments to individuals’ health and safety, inter alia.