Forms Of Intellectual Property Rights Research Articles

Deconstructing Intellectual Property Rights in Fanfiction: A Case Study on Copyright Protection and Moral Rights

The protection of intellectual property rights serves to safeguard the interests of creators by granting them exclusive ownership rights over their creative works. Copyright includes both ethical rights and financial rights. Fanfiction is safeguarded by copyright, which is a form of intellectual property rights. This article presents a case study examining the role of Intellectual Property Rights and Moral Rights in the context of Fanfiction with Normative Legal Research. The fair use doctrine, as implicitly articulated in Article 44, paragraph (1) of the IPR Act of Indonesia and comparation with another regulation, is encompassed within this category. Furthermore, the considerable similarity test is utilized to assess the degree to which similarities and actuality exist in the work. The pattern test entails the analysis of the narrative structure and overall depiction. Finally, the feel and total idea test is employed to assess the essence and attributes of the writing, as well as the implementation of parallels in narrative themes. The establishment of legislation concerning Fanfiction is of utmost importance in order to delineate distinct boundaries between creative pursuits and legal violations. Ensuring the protection of novelists and amateur writers who have a profound emotional attachment to the narratives they have encountered is of utmost importance, as it cultivates their propensity to generate alternative stories.

Perlindungan Hukum terhadap Merek Warkop DKI

This study aims to examine the form of legal protection of a registered mark, namely Warkop DKI. Trademark is one form of Intellectual Property Rights that is important today. Intellectual Property Rights are not new to society. Bearing in mind that Intellectual Property Rights protect a value from science, art and technology so that it is not used without permission by the public. This research method uses normative juridical, which is carried out by means of a statutory approach to the problems studied. From the results of this study, it discusses the form of legal protection for the essence of a brand. Legal protection divided into repressive and preventive. Trademark protection is carried out repressively, namely preventing disputes by registering it with the Directorate General of Intellectual Property (DJKI), a state institution that is authorized to register trademarks and provides protection for 10 (ten) years. In addition, preventive protection, if a dispute occurs can be resolved to the Commercial Court.

THE ROLE OF INDONESIAN ONLINE MARKETPLACES IN INTELLECTUAL PROPERTY RIGHTS INFRINGEMENTS: A COMPARATIVE ANALYSIS

This research explores the forms of intellectual property rights violations and their causes, which are examined using the Indonesian intellectual property rights legal framework, to then generate an overview of the legal reconstruction needed to protect existing intellectual property in Indonesian online marketplaces. This research used normative legal research method with comparative approach by analyzing the existing Indonesian IP legal framework and compare it with other countries that are more advanced in IPR protections. This research puts a great emphasis on legal problems and the criminal elements of the Indonesian intellectual property rights legal framework to explain the position of online marketplaces and their responsibilities to also support the protection of IP and the growth of e-commerce overall. This research finds that Indonesia is facing normative issues in defining the role of online marketplace in many IP infringement cases. This finding is important in the support for continued legal development in Indonesia, to provide better protection of many forms of intellectual property rights in Indonesian online marketplaces.

Early Warning System for Fire Catcher in Rain Forest of Sumatera Using Thermal Spots

This research’s goals were clear agricultural land in large tropical forests, it is usually very difficult to control because it requires no small amount of money for farmers. The burning method of tropical forest land is a cheap way for farmers to start farming and saves energy. Unfortunately, this method can increase the impact on health and environmental damage. There are several research on burning forest land for agriculture but there are still many weaknesses and shortcomings in the application of the applied method. Therefore, a model was designed to detect and reduce the weaknesses and shortcomings of each method applied in optimizing the detection and reduction of error rates in forest burning that can cause forest fires using the 4.0 technology method. In designing of the Early Warning System Model for Fire Catcher in the rain forest of Jambi, Sumatra, the methods used are literature study, analysis method with hotspots information system (hotspots) and Earth data, NASA. The analytical method in the form of action research is intended to examine the problems faced by the Forestry Service of the Province of Sumatra and the tropical forests of Sumatra. Forestry Service Unit in Sumatra Province as a sample. The design method is used to design a new application system based on data taken from interviews with the forestry service in the form of Intellectual Property Rights that can provide solutions to problem identification. In designing the Early Warning System Model for Fire Catcher in the rain forest of Jambi, Sumatra as the outcome of the first-year research that the methods used are literature study, analysis method with hotspot information system and Earth data, NASA. The design of the Intellectual Property Rights Model uses PHP, MySQL. The result to be achieved is the success of the early warning system model to detect forest fires also the widespread publication in Indonesia in the first year of this research.

USE OF TRADEMARK CERTIFICATES AS COLLATERAL IN DOING CREDIT WITH BANKING

Intellectual Property Rights are a form of protection for everyone who has creative ideas by creating works. One form of Intellectual Property Rights is Trademark Rights which is a sign given to an item to differentiate it from other goods and has economic value so that it can be used as collateral in making credit with financial institutions. The goal of this article is to examine the use of brand certificates as collateral in banking credit transactions. This analysis was carried out using normative juridical methods. The results of this analysis say that the Mark is part of the Intellectual Property which can be used as collateral by using a certificate as proof of ownership and collateral object.

Publicity Rights as a Tool for Protection of Celebrities and Public Figures in Kosovo

Currently, there is no special law for the protection of publicity rights in Kosovo, and a limited protection can be only afforded through different forms of intellectual property rights, i.e., trademark and copyright, as well as under the privacy protection and anti-defamation legislation, as well as property law regime. While the right to privacy and anti-defamation laws represent means to protect the human dignity, they are nevertheless not sufficient to justify an application of the right of privacy when the motives are to protect the commercial value of the persona. Hence the current paper aims at analysing the current regulation of publicity rights in Kosovo, as well as the scope of protection through a comparative analysis of the publicity rights legislation in different jurisdictions. The paper will also discuss the main policies and legal theories behind the right of publicity, explore different approaches expressed in the legal doctrine, and propose specific actions for Kosovo legislators in this regard.

Dimensions of Intellectual Property Rights Law Regulations in Indonesia

Intellectual Property Rights are private rights where a creator/inventor is free to invite or not to apply for the registration of his intellectual works. That in Indonesia the existence of intellectual property rights as rights to immaterial objects or intangible objects. Property rights arise from a person's ability to produce a work based on the work of his brain/intellectuality, the results of that intellectual work then grow the concept of ownership of an intangible object in the form of intellectual property rights. Whereas intellectual property rights also recognize the existence of economic rights (economische) the community can take economic benefits from a copyrighted work of findings and or provide economic benefits that are positively useful in the community. The importance of understanding the Dimensions of Intellectual Property Rights Law in Indonesia, as a basis in implementing the protection of intellectual property rights in Indonesia (rechten/economic rights) in this case where the creators or inventors.

Geographical indications in India: A case of Handicraft industry in Uttar Pradesh

AbstractThe Handicraft industry plays a significant and pivotal role in the country's economy. It employs a significant number of artisans in rural and semiurban areas and generates significant foreign exchange for the country, all while preserving the cultural heritage. In the Indian context, geographical indication (GI) has recently emerged as a substantial form of intellectual property rights. It is a powerful instrument for safeguarding and rewarding not only the commercial potential of exclusive products but also the traditional knowledge that accompanies them. GI has the potential to revitalize the handicraft sector, but if it is merely seen as intellectual property, the industry's interests are jeopardized. Handicraft products account for over 55% of all GI‐registered products in India, followed by agricultural products (31%). The predicament of the Artisans has deteriorated over time. One of several main reasons for the deterioration of Uttar Pradesh's handicraft industry is that artisans in the region still do not fully understand GI. The present study gives an overview of the current status of registered GIs in Uttar Pradesh. More importantly, this will also highlight the major challenges of GI implementation in the traditional handicraft sector in Uttar Pradesh.

Challenges faced by the Indian Pharmaceutical Companies in protecting various forms of Intellectual Property Rights

Intellectual Property (IP) is a pharmaceutical or Biotech Company’s most valuable resource, and its protection is a key to that company’s future success. Recent challenges over patents for HIV drugs has reminded the industry that progress is still needed in balancing the opposing forces of innovation through protection of IP rights, versus the provision of affordable drugs for the developing world. Pharmaceuticals companies must face the daily challenge of creating value through the exploitation of IP rights, but avoiding considerable reputational harm. This situation was well illustrated in South Africa during the late 1990s when the balance between IP protection and the urgent needs of patients were not aligned. Since then, companies have become more aware of the potential damage that can be caused by too strict an interpretation of IP rights. Working in collaboration with national governments, trans-national organizations such as the WHO, and non-governmental organizations such as the Bill and Melinda Gates Foundation, pharmaceuticals companies have begun to find ways through the minefield of IP protection in less developed countries, and most now have donation schemes for drugs to treat diseases such as leprosy and HIV.

Cyclical IPR-public Grant Engine Driving R&D Innovation in Small Research-intensive Private Enterprises

A reciprocal relationship has been documented between registering formal intellectual property rights (IPR), obtaining public grants, and undertaking publicly subsidised R&D innovation projects. Focusing on SMEs as key beneficiaries of such grants, this paper provides an original conceptual framework to rationalise this relationship based on the core criteria to obtain and successfully exploit both grants and formal IPR. R&D innovation grants from several European countries display common elements conducive to securing formal IPR status. Novel observations of several European SMEs demonstrate an innovation engine cycling between formal IPR management and publicly subsidised R&D innovation, sometimes for multiple cycles over several years. This was seen for varying grant sizes, technological sectors, and geographical locations. The framework and observations presented herein are of potential interest to research-intensive SMEs, public grant bodies, and professional service providers for public subsidies and IPR management.

Intellectual Property Rights in China-A Literature Review on the Public's Perspective.

Despite significant advances in terms of the adoption of formal Intellectual Property Rights (IPR) protection, enforcement of and compliance with IPR regulations remains a contested issue in one of the world's major contemporary economies—China. The present review seeks to offer insights into possible reasons for this discrepancy as well as possible paths of future development by reviewing prior literature on IPR in China. Specifically, it focuses on the public's perspective, which is a crucial determinant of the effectiveness of any IPR regime. It uncovers possible differences with public perspectives in other countries and points to mechanisms (e.g., political, economic, cultural, and institutional) that may foster transitions over time in both formal IPR regulation and in the public perception of and compliance with IPR in China. On this basis, the review advances suggestions for future research in order to improve scholars' understanding of the public's perspective of IPR in China, its antecedents and implications.

Strategic management of open innovations

The paper considers the features of theoretical and methodological aspects of strategic management of open innovations. Theoretical and methodological basis of the study are modern theories, concepts, hypotheses of enterprise management. Content analysis used. Methodological and informational basis of the work are scientific works, materials of periodicals, Internet resources. It has been proven that ecosystem management based on open innovations as an opportunity to access additional assets is a priority factor in the company's competitive advantages in world markets. It is emphasized that in the era of digital convergence, the ability of companies to dominate in all activities of the value chain is determined by access to innovation. It is stated that companies that successfully use open innovation are characterized by organizational flexibility in order to restructure existing business models to take into account the peculiarities of open innovation strategies. Unique forms of intellectual property rights, such as modularity, are analyzed. It is determined that dynamic capabilities are the ability of companies to integrate, create and reconfigure internal and external competencies in conditions of uncertainty in the external environment. It is substantiated that the process of "orchestration" of business models includes modification, addition, alienation and harmonization of tangible and intangible assets in the management of business processes of companies. The conceptual scheme of various forms of open innovations according to the model of development of innovative technologies and strategy of intellectual property is constructed. The relationship between dynamic opportunities and open innovations is determined on the basis of three clusters of dynamic opportunities: discovery, capture and transformation. Prospects for further research in this subject area are to focus on assessing the attributes of innovative business processes in order to determine the benefits and limitations of open innovation in the system of strategic management of the latest imperative.

Empowerment of fishermen in managing processed Rebon Shrimp-Based Food Products in Coastal "Communities"

The fishing community is one of the communities identified as poor, about 90% of the 16.2 million people are below the poverty line, the abundant marine wealth should be able to support the economy, but in reality it is not as expected. Poverty experienced by the community has an impact on the health status of the family including the inability to access health facilities, Chronic Energy Deficiency in pregnant women and malnutrition in children. Rebon shrimp is a marine product that contains multi micronutrients, has direct benefits for health and can be processed into various products. Raw rebon shrimp in the market are sold at very cheap prices ranging from Rp. 60,000- s/d 90,000/ Kilo, the fragrant and distinctive smell has its own charm, but the low knowledge of mothers in producing household processed food products, product packaging, business licensing, and marketing of products is a common obstacle to product development. nutritious and hygienic. For this reason, through this Community Service activity, training on Food Product Processing made from rebon shrimp will be carried out which can help increase family income. The main target partners include women fishermen, head of RT, head of RW, TP-PKK, Posyandu cadres, while supporting partners are the head of the West Sorong District, Department of Health, Health Polytechnic of Sorong and the Department of Industry. The implementation time is 2 days, starting on June 10, 2021 until June 11, 2021. Mandatory output results in the form of scientific publications in accredited national journals. While the additional output in the form of intellectual property rights.

RAHASIA DAGANG SEBAGAI SALAH SATU PERLINDUNGAN HAK KEKAYAAN INTELEKTUAL DARI HASIL PENELITIAN HIBAH SEKOLAH VOKASI IPB TAHUN 2020

ABSTRACTThe Research results as the result of thoughts from researchers or lecturers need to be protected from harmful fraudulent actions. Protection of the research results also provides motivation for researchers or lecturers to continue working. One form of protection provided is the protection of Intellectual Property Rights (IPR). Various forms of IPR can be utilized as long as it meets the criteria of the IPR field. The purpose of this study was to determine the form of protection of trade secrets for the Research Results. In addition, to find out the efforts that need to be made to fulfill trade secret requirements. This research is normative legal research with a qualitative approach. 
 The Research results of The College of Vocational Studies IPB University’s lecturer who research grants in 2020 that can be given protection as trade secrets. The Research results can be protected as trade secrets if they meet the criteria that the research results are confidential information in the field of technology and/or business, have economic value and are kept confidential by researchers or lecturers. To maintain the confidentiality of the research results, efforts were made such as providing a password, writing the word "Secret", storing documents in a safe place, making a confidentiality agreement and inserting a confidentiality clause in the license agreement.

AKIBAT HUKUM WAN PRESTASI DARI SALAH SATU PIHAK DALAM NON DISCLOSURE AGREEMENT (PERJANJIAN KERAHASIAAN) YANG SULIT DIBUKTIKAN KEBENARANNYA

Non Disclosure Agreement is generally an agreement to disclose confidential information which can be in the form of Intellectual Property Rights or trade secrets. The formulation of the problem in this research is how the rights and the obligations as well as the legal protection of trade secrets in a Non Disclosure Agreement? What is the form of default in the case of PT. Basuki Pratama Engineering with PT. Hitachi Construction Machinery Indonesia? What is the analysis of the judge's considerations and the decisions in the cassation decision number: 3305 K/Pdt/2016 which is difficult to be prove the truth? The results of this research are First, the rights and the obligations in the Non Disclosure Agreement can be added to the clauses that have been agreed by the parties. This is done to protect confidential information held by the owner of the trade secret. Second, the default that generally occurs in the Non Disclosure Agreement is the misuse of confidential information that is used without the consent of the owner of the confidential information, and the resolution of this problem can be carried out by means of a civil lawsuit in the court. For these violations, there are legal consequences such as lawsuits by the owner of confidential information to the recipient of confidential information and the recipient of confidential information can be charged with his action under the Article 17 paragraphs (1) and (2) of the Trade Secret Law Number 30 of 2000. Third, in the legal case studied in this thesis, the judge has punished the defendants by holding the defendants accountable for material and immaterial losses by taking into account the evidence and the statements of the parties in order to give a fair decision for the parties. Keywords: Confidentiality Agreement, Information, Trade Secret.

Perceived importance of intellectual property protection methods by Korean SMEs involved in product innovation and their value appropriation

ABSTRACT We investigate the sectoral patterns of relationships between SMEs’ perception of the importance of intellectual property (IP) protection methods and their value appropriation from innovation in countries with weak IP rights regime. By using a Heckman selection model to analyze 1,020 Korean SMEs involved in product innovation, we find that formal IP rights have a lower contribution to appropriation than the expected level. Instead, we find some positive links between SMEs’ affirmative perception of informal means of IP protection, particularly complex design, and their appropriation in both complex and discrete sectors. We discuss IP management and policy implications for enhancing the SMEs’ value appropriation.

Copyright Protection towards the Society 5.0

Technology business competition leads to the order of social life to solve challenges through a combination of innovations from various elements found in the industrial revolution 4.0 towards Society 5.0. One form of Intellectual Property Rights is Copyright, which has the widest scope of protected objects since it includes science, art, literature, and computer programs where artificial intelligence will transform millions of data collected via the internet into increasingly complex wisdom to consider a technology that can bring benefits but is also a "threat and challenge" towards the gate of Society 5.0. This research aims to determine the protection of copyright law towards the gate of society 5.0. The research method used is normative juridical. Literary law research is legal research conducted by examining library materials or secondary data based on the principles, theories, doctrines, prevailing laws, and regulations. The study results found that the Copyright Law has not accommodated Society 5.0, especially economic rights for its creators. Article 6 is only to protect moral rights through Copyright management information and electronic information on Copyright. There is a need for the state's role, which functions as a regulator, provider, and counterweight, to adjust the rules to follow technological developments towards the gate of society 5.0, which does not mean changing all current legal products but is adaptive to existing legal instruments as legal protection measures to face a new chapter of intellectual property rights.

Coalescing intellectual property incentives, gender inclusiveness and environmental sustainability for female traditional healers in Nigeria

The prevalence of women in the knowledge-based enterprise of traditional healing underscores the role of women in sustainable development. The World Health Organization (WHO) finds that about three quarters of the world’s population depend upon traditional remedies for their health. However, ecosystems suffer and environmentally important animals become extinct due to the wide use of traditional medicine. This paper investigates the linkages between intellectual property rights (IPRs), gender inclusiveness and environmental sustainability. Adopting a feminist legal methodology, the paper analyzes the challenges of securing IPRs for female traditional healers and how these impact on environmental sustainability. The paper finds that ownership of property rights (including IPRs) is central to exercising judgment over the sustainable use of the environment and that such ownership is lacking among female traditional healers. The paper proposes the active synergy of patent offices and traditional healers, following an example from China, as one of the remedies to devise new forms of IPRs that may better suit the needs of women who seek to protect their innovations in the field of traditional medicine. This paper links the ownership of IPRs to environmental sustainability and gender inclusiveness.

Innovation Propensity and Firm Size: Evidence from Manufacturing

Digitalization has enabled the networking of production facilities and the interaction of all stakeholders across the value chain. Smart factories helped reversed the decline of manufacturing and increased its total value added. The resultant Fourth Industrial Revolution (4IR) has led to an explosion of innovation reflected in the exponential growth of related patents and other forms of intellectual property rights (IPR). IPR and protection mechanisms are presumed drivers of global innovation and the interrelationship between innovation, IPR and economic growth is well-established. This paper addresses the question of propensity of manufacturing firms for specific forms of IPR across firm sizes. Using data from a large swath of German manufacturing firms, a novel model is developed to predict the probability of any given firm registering a specific form of IPR depending upon its size and innovativeness.

When Can Families Fill Voids? Firms’ Reliance on Formal and Informal Institutions in R&D Decisions

Firms are more prone to allocate their resources to research and development (R&D) when they are confident about their ability to appropriate the value created through these activities. In this regard, policymakers introduce formal intellectual property rights (IPR) institutions to create an innovation-friendly environment. Less formalized shared values and norms are however likely to affect the extent to which organizations depend on the strength of formal institutions in determining their R&D strategy. Embracing an institution-based perspective on firm-level strategic decision-making, we examine whether the degree to which a firm relies on strong formal IPR institutions in R&D decisions depends on the configuration of informal institutions in its environment, including family and societal culture. We test our hypotheses on a representative sample of privately-held European manufacturing firms and find that the family institution can play an “institutional void filling” role through involvement in ownership and management. This is particularly the case when the firm is embedded in a collectivist culture coherent with the family’s values and norms imbued in the business. Our study offers contributions to the institution-based view, innovation, and family business literatures.