Field Of Intellectual Property Rights Research Articles

Approaches to Trademark Infrigenment in ASEAN Countries: Anaylisis of How the Case is Likely to be Deciden in Indonesia

The purpose of the establishment of the Commercial Court is to resolve civil disputes in the field of Intellectual Property Rights (IPR). Settlement of civil disputes to the Commercial Court by special judges are expected to resolve disputes in a timely manner with high fixed honor law enforcement and to be fair and can meet the expectations of society. This paper would describe the Indonesia trademark law and discuss how the courts in Indonesia is likely to decide on the facts of three landmark cases, namely Whirlpool vs Kenwood; L’Oreal SA vs Bellure NV; and Och Ziff Management Europe Limited vs OCH Capital LIP which will focus on trademark owners perception of IPR infringement in Indonesia.

PENGARUH PERKEMBANGAN IPTEK TERHADAP PERMASALAHAN HAKI

Intellectual Property Rights’ issues are growing problems in accordance with the development of science and technology. As examples of developments in biotechnology with the technology of genetic engineering led to the birth of the need to protect the results of biotechnology engineering. In developed countries Intellectual Property Rights has become part of everyday society, so that science and technology development in the country are always oriented to the protection of Intellectual Property Rights. Excellence in aspects of trade can be owned by developed countries because one of them is determined by the comparative advantage of the ability of science and technology that is related to the field of intellectual property rights. Keywords: IPRs, law protection, economic benefit

Patent law in dentistry: An overview

Dentistry in recent years has developed interest in the field of intellectual property rights (IPR) and Patents due to extensive research in the fraternity and existing competition. There have been various patent applications and grants in the field of dentistry abroad due to better understanding of IPR but India still has very few patent grants and applications on the subject matter. This review article in particular deals with the understanding of IPR and Patents as a whole, especially for dental professionals involved in research and development. Hence, this would also act as an asset for dental researchers to explore and expand their scope of activities, with special privileges empowered for their work.

Trips Agreement and Pharmaceutical Inventions

Existence of contemporary, modern legal regulations in a certain segment of the national legal system, such as legal regulation of intellectual property rights is an assumption, but not a guarantee for the presence of efficient protection of these rights. The Agreement on Trade-Related Aspects of Intellectual Property Rights-TRIPS is one of the most important documents related to the trade of intellectual property rights. This Agreement is one of the most important acts on harmonization and implementation of intellectual property rights at multinational level, whereby the intellectual property is assigned a new dimension-world globalization of this field, also promoted by technology development. Medical technology is an area of huge progress of concern to all of us. Finding an optimum in intellectual property protection among short-term interests in the maximum approach and long-term interests in promoting creativity and innovation is not always easy. Trying to transfer that at international level is even harder than in national, domestic conditions. Maybe the most interesting and exciting field of activity is definitely that of pharmaceutical inventions, where tension exists between the need to determine the landmark for research and development of new pharmaceuticals and the need for allowing greater availability of the existing pharmaceuticals. The acceptance of TRIPS Agreement means a way to establish legal and economic cooperation with European Union countries and all other countries. International standards oblige Republic of Macedonia to continuously harmonize our law with international conventions in the field of intellectual property rights.

Path dependency and change in international relations: institutional dynamics in the field of intellectual property rights

Path dependency and change in international relations: institutional dynamics in the field of intellectual property rights

KUALITAS SUMBERDAYA MANUSIA MENENTUKAN KEMAJUAN SUATU NEGARA

A common way of saying ‘forward state’ if the country concerned can show technological and industrial goods. Excellence in the industrial field is parallel with the quality to absorb or to discover something new that is used to enchane the added value of natural resources available which will increase the welfare state. The ability to absorb and discover not will be maintained with any legally experts in the field of intellectual property rights of the human resources will not be useful enough if it is not set for a high benefit for society and the nation as whole because this is the result of the culture of human life. Human resources if be managed properly will be able to determine the progress of a nation. Kata kunci: teknologi, industri, sumberdaya manusia, sumber daya alam, negara kesejahteraan

What is Yours, Ours, and Mine: Authorial Ownership and the Creative Commons

OCTOBER 126, Fall 2008, pp. 91–114. © 2008 October Magazine, Ltd. and Massachusetts Institute of Technology. As lawsuits abound throughout the world involving contentions of creativepropert y theft , plagiar ism, and infr ingement s on fair use, the field of intellectual-property rights has become white-hot. Questions that formerly might have seemed frivolous or peripheral to aesthetic theory are increasingly freighted with juridical consequence: who owns your life story? This was a key concern in a lawsuit brought by original cast members of A Chorus Line, who were convinced that producer Michael Bennett had insufficiently remunerated them for a script built on their oral histories of childhood abuse, marital woes, and professional struggles. Should writers be held liable if they lift episodes from the lives of others (at issue in the controversies surrounding Ian McEwan’s 2001 novel Atonement, which is alleged to have been plagiarized from Lucilla Andrews’s 1977 memoir No Time for Romance, and Bryony Lavery’s 2004 play Frozen, reliant on Malcolm Gladwell’s article in The New Yorker that was in turn indebted to a psychiatrist’s account of her work with serial killers)?1 Would literature be possible if writers were proscribed from “translating” into fiction reality-based experiences and reallife human interest stories? The query was answered vehemently in the negative by writers polled on the McEwan case: Zadie Smith, Margaret Atwood, Colm Toibin, Kazuo Ishiguro, Thomas Keneally. Can readers stake a legal claim to an author’s life story? This question animated the controversial case of James Frey when it was revealed that he had fictionalized portions of his drug recovery memoir, A Million Little Pieces (2003). Readers did not stop at outrage over Frey’s violation of what critic Philippe Lejeune has dubbed “the autobiographical pact” (grounded in the presumed credibility of the auto-text and the guaranteed match of proper name

Competition Law Enforcement and Intellectual Property Rights

Antitrust violations in the field of intellectual property rights are particularly difficult to detect because practices like cross licensing, patent pools or refusal to deal are not prohibited as such. Furthermore, more than in any other field of antitrust enforcement, decisions by competition authorities may directly affect the incentive to innovate and therefore antitrust authorities have to exercise great care in what they do. Antitrust laws prohibit behavior that go beyond what patents, copyright and trademarks generally allow. For example price fixing, coordinated output restrictions or foreclosure of innovation are the most important practices to be prohibited by antitrust provisions. Among these, foreclosure of innovation is the most controversial. For example the European Commission in a number of recent cases has suggested that a dominant company abuses its dominant position by refusing access to an essential facility (protected by an intellectual property right) in circumstances when a new product is denied to consumers. The case law developed so far in Europe does not identify precise criteria for defining what is actually new. From the existing case law, it is only possible to conclude that the Commission does not impose an obligation to license only when the licensee would produce just a replica of the IP protected product/service. Much more straight forward are situations where market foreclosure originates from practices that directly impede the entry of competitors, especially at times when intellectual property rights are no longer available. The problem that arises is the extent of the use of presumptions. However there are no reasons to abandon the general approach that there is a proof of a violation when there is no other explanation for a given behavior than its abusive (exclusionary) objective. For example, this may be the case for reverse payments so common in pharmaceuticals that have no other explanation than to avoid a judgment of patent nullity.

The Relationship Among Innovative Output, Productivity, and Profitability - A Test Comparing USPTO and EPO Data

The aim of this paper is to test whether patent-based indicators are still reliable measures of innovativeness in light of organizational changes in the field of Intellectual Property Rights (IPR) protection and the regulatory reforms already under way respectively at the U.S. Patent and Trademark Office (USPTO) and the European Patent Office (EPO). For most high-tech industries, patents represent an outcome of the production process and their number can be taken as a proxy for a firm’s ability to improve its productivity growth and profitability. The case study reported here concerns the biotechnology industry in Italy, whose firms, by definition, have Intellectual Property (IP) activities in their portfolios. For this purpose, we use a unique data set which collects balance sheet items and patent information from EPO and USPTO. After linking firms’ financial and production data with the patent information, we estimate a modified knowledge production function in which the dependent variable is alternatively (labor) productivity growth and profitability. Our findings show that only patents with the EPO, along with larger firm size, have a statistically significant relationship with productivity growth and profitability. This suggests that firms pursue different strategies when patenting with the USPTO and the EPO, and that this difference reflects statutory changes made to the former during the relevant period. JEL-classification: L25; L65; O34

Propriedade intelectual e organização da P&D vegetal: evidências preliminares da implantação da Lei de Proteção de Cultivares

O artigo discute como o processo de reconhecimento de direitos de melhoristas, na forma de proteção de cultivares, no Brasil se fez a partir de uma estratégia nacional de articular propriedade intelectual e desenvolvimento tecnológico nacional. A proteção intelectual é entendida como mecanismo de articulação e coordenação entre os agentes envolvidos no processo de inovação. A metodologia de coleta de dados consistiu na análise dos titulares de cultivares protegidas no Brasil disponibilizados pelo Serviço Nacional de Proteção de Cultivares, cruzando esses dados com os constantes do relatório de acompanhamento da produção de sementes no Brasil, elaborado pela Embrapa em parceria com o Ministério da Agricultura e a Abrasem. Entre as principais conclusões está a de que o processo de reorganização da pesquisa pública, por meio de parcerias estruturadas em torno do desenvolvimento de novos cultivares contribuiu fortemente para a manutenção da presença pública no mercado de sementes, todavia, varia entre as espécies pesquisadas.

Information technology in intellectual property law – Problem solving or window dressing?

The application of information technology in society has inspired many (supra-national) legislators to adapt existing legislation to meet the challenges created by new developments in the ‘information society’. Since information processing systems – or rather data processing systems – form the very foundation of this ‘information society’, it is not surprising to see that many legislative initiatives have been undertaken in the field of intellectual property rights. These initiatives, however, often seem to be concentrated on information technology itself rather than on the social problems that may have arisen from it. In this article, a number of EU directives in the field of intellectual property will be discussed. With an emphasis on peer-to-peer file sharing, it will be argued that new legislation with respect to IT products, such as ‘chips’, software and databases, as well as the attempt to create a more general harmonization of copyright, the ‘internet directive’ [EC directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society OJEC L167/10; 22 June 2001], has led to ‘disharmonization’, while the social problems arising from information technology have hardly been dealt with. The conclusion is that, to effectively harmonize IT law in different countries, we should not concentrate on the harmonization of legal concepts, but rather on reaching an agreement on the interpretation of legal notions in relation to technical notions. Should such an agreement emerge, the extensive legislative initiatives described in the paper would probably no longer be necessary

TRIPs and Developing Countries

The World Trade Organization Agreement is an International Legal Document which one of its main issues concerns the TRIPs (Trade Related Aspects of Intellectual Property Rights). TRIPs is an International Agreeent in the field of intellectual property rights which also plays a role in smoothing flow of global trade. The acceptances of TRIPs by the international community still needs further discussions especially in connection with developing countries as well as developed countries specifically those relevant to patents. This matter is mainly connected to technology, which basically is focused on the interests of developing countries, that is an obligation of transfer of technology, as one of the basic principles of TRIPs. This due to the fact that investors which have grown in numbers in developed countries need protection for their inventions, which if noted, are enjoyed by the global society. On the other hand, the potential fore creativity in the field of technology in developing countries is very low. It is expected that all member states the investment sector will be greatly accelerated in the developing countries, which is very much needed.

La protection des bases de données dans l'avant-projet communautaire

Juridical analysis of databanks remarks different relevant aspects. It needs to define the conceptual basis ofthe protection of a databank author, with regard to categories elaborated in the field of intellectual property rights, to value EC legislation choices, emerging from the proposai of EC directive on databank protection.

Patent law, legislation and court ruling on the PC: The German online database system juris in comparison with the specialized files DPAT and EBER

Abstract Legal information in the field of intellectual property rights becomes more and more interesting for online searchers. Big companies file their patent applications in many countries, and the numbers of PCT and European applications are growing rapidly from year to year. The legal implications in the examination, grant and opposition procedure (and sometimes about invalidity) are very important for many applicants. It is therefore interesting and helpful to search in the comprehensive German legal online database juris and compare it with the offline files EBER and DPAT.

International Legal Aspects of Civil Protection of Intellectual Property Rights in the Czech Republic and Ukraine

The purpose of the article is a comparative analysis of certain international legal aspects of the Czech and Ukrainian systems of protection of IPR in the context of European integration processes. A comparative analysis of the basic principles of the interaction between international and domestic law between Ukraine and the Czech Republic shows that there are similar and distinct features. The similarity is based on the fact that the constitutions of both states contain an ambivalent legal regime effect of the provisions of international and national law, according to which the provisions of international treaties, which are properly implemented in domestic law, are an integral part of it. This means the supremacy of the national constitution on the provisions of a ratified international treaty, which, in turn, takes precedence over domestic law by virtue of the principle of good faith implementation of international treaties and the inadmissibility of invoking deficiencies in internal law and as a ground for non-compliance with international obligations.
 On the basis of the application of dogmatic, natural law and comparative-legal approaches the peculiarities of interaction of the international and domestic system of legal protection of intellectual property law are analyzed. The peculiarities of international legal protection of intellectual property law in the Czech Republic are revealed, in particular at the level of universal and regional systems of international protection, as well as in the framework of the supremacy of the European Union law and its horizontal effect on the legislation of Czech Republic.
 The difference between the legal order of Ukraine and the Czech Republic on the interaction of international and national law is conditioned by an EU factor, since the Czech Republic is a Member State of the Union. In the course of interaction between the domestic legal order of Ukraine with the EU, this takes place in the form of an approximation, the legal forms of which are defined by the Association Agreement between Ukraine and the EU. The interaction between the internal law of the Czech Republic and the EU law is determined in the field of intellectual property rights through at least two parameters: 1) the supremacy of law of the EU over the legislation of the Czech Republic; 2) the horizontal effect of EU law when the legislation of the Czech Republic does not properly specify and detail the principles and norms of the EU in private-law relations between individuals.