Implementation Of Intellectual Property Rights Research Articles

Conceptualizing the Implementation of Intellectual Property Rights in Social Media Content and Publications in Kenya

Conceptualizing the Implementation of Intellectual Property Rights in Social Media Content and Publications in Kenya

Strategi Pengembangan Hak Kekayaan Intelektual melalui Implementasi Sistem Informasi: Studi Kasus Politeknik Negeri Padang

The implementation of Intellectual Property Rights (IPR) at Padang State Polytechnic (PNP) is the main focus in responding to the needs of the industry and the dynamics of globalization. This article highlights the crucial role of IPR protection in the context of research, community service, and innovation in the university environment. Despite providing positive incentives for faculty to innovate, data management at the PNP IPR Center remains limited, especially in the use of social media and department announcements. To overcome these constraints, a 4-month community service initiative was implemented using the Research & Development (R&D) method. The process includes data analysis, design of an information system, prototype development, testing, implementation, and continuous monitoring. The implementation of the IPR Center information system at PNP is expected to enhance efficiency, effectiveness, and the positive impact of IPR on campus, strengthening the role of the university as a positive agent of change, and optimizing the utilization of knowledge and innovation for community well-being. This abstract comprehensively summarizes the relationship between IPR, research, community service, and innovation in higher education

The implementation of intellectual property rights to enhance music business in Zimbabwe: Challenges and prospects

In the Zimbabwe music industry, the issue of copyright law implementation has been problematic with intellectual property rights violations plaguing the society and resulting in musicians failing to fully benefit financially from their creations. This study is an attempt to find out how musicians are benefiting from their intellectual property that is being used by various businesses including broadcasters. We argue that the problem of piracy has become an Achilles tendon for many artists despite the presence of a copyright law enforcement regime in the country. This article examines the nature and consequences of the copyright law in the country, as well as the way in which ZIMURA is implementing it to advance the cause of popular musicians. The article illustrates how the challenges faced by ZIMURA serve to impoverish Zimbabwean musicians in unheralded ways that leave a good number of artists poor and famous. This qualitative study uses participant observation, document analysis and key informant interviews with purposively selected informants to elucidate the implementation of intellectual property rights in Zimbabwe’s music industry. The analysis is informed by the Sustainable Livelihoods Approach as well as Bourdieu’s concept of cultural capital. The findings show that in Zimbabwe music is taken as free property by most users who either sell pirated copies or access them for personal use without paying anything. From the study, it is clear that musicians are not getting a fair share of their intellectual property in the form of royalties. It is also notable that music that is appreciated more gets paid more royalties than music which is not popular with broadcasters and audiences.

ПРИНЦИПИ ОБМЕЖЕНЬ ПРАВ У СИСТЕМІ ПРИНЦИПІВ ІНТЕЛЕКТУАЛЬНОЇ ВЛАСНОСТІ

Currently, the key factor in the development of society, its socio-economic infrastructure is primarily intelligence, the results of which allow relevant actors (creators of creative intellectual products, as well as legitimate rights holders) to take the lead in competitive economic struggle, and with it states where there are conditions for the realization of intellectual, scientific, technical and creative potential in general. Today, transformation processes are taking place in Ukraine, which are reflected in almost all spheres of life. Since law is a superstructure over the economic foundation of society, it contains the basic laws of development of the state and society, which is reflected in the principles. Principles of law help to eliminate contradictions between individual regulations and improve the quality of legislation, thereby ensuring the effectiveness of regulation of relations. Ukraine's integration into the world market and into the European community necessitates the harmonization of national legislation in the field of intellectual property in accordance with the principles and standards contained in international agreements. Despite the fact that the study of principles in the legal literature is given enough attention, the principles of intellectual property law are poorly understood. The study of the concept and principles of intellectual property is conditioned by the need to guarantee the protection and defense of personal property and non-property rights of its subjects. According to Part 3 of Art.418 of the Civil Code of Ukraine: “Intellectual property rights are inviolable. No one may be deprived of intellectual property rights or restricted in their exercise, except in cases provided by law "[1]. These provisions are in line with basic international principles in the field of protection of intellectual property rights. However, the law clearly defines the cases when such rights may be limited. The purpose of the article is to explore the basic principles of restriction of intellectual property rights, their role in the implementation of intellectual property rights.

BREEDING ACHIEVEMENT IN ANIMAL HUSBANDRY AS AN OBJECT OF INTELLECTUAL PROPERTY RIGHTS AND AN OBJECT OF INHERITANCE IN UKRAINE AND THE WORLD

Global trends are now focused on such challenges as climate change, food security, the development of biotechnology and genetic engineering, and the transition to non-conventional fuels. The problems of promoting each of them in the global world are related to the need for free agricultural potential, the availability of effective and unified legal regulation, first of all, of breeding achievements in animal husbandry regarding the intellectual property rights of breeders, its protection both during life and for heirs, since a patent for an animal breed is an indisputable right of the inventor, which acts as a kind of legal monopoly, the provision of which is guaranteed by the state, and patent protection negates commercial use in the absence of the consent of its owner. The purpose of the study is to analyse certain issues of legal regulation of intellectual property rights to breeding achievements in animal husbandry in Ukraine and proposals for its improvement through the implementation of the global experience. The research methods were chosen considering the goals and objectives. During the research, philosophical (hermeneutical), general scientific (logical, generalisation, praxeological, modelling, predictive, and bibliographic), and special legal (formal-legal, comparative-legal) methods of scientific knowledge were used. The study examines the current state of breeding achievements in animal husbandry and the legal basis for regulating its establishment, protection, and the possibility of inclusion in the breeder's inherited property. Problematic issues in the legal framework for the establishment and implementation of intellectual property rights to breeding achievements in animal husbandry, ways to eliminate relevant conflicts are proposed. The study analyses the international experience in processing law enforcement documents for breeders and the possibility of protecting their rights. The research materials can be useful for lawyers-researchers, business entities engaged in breeding in animal husbandry, teachers, postgraduates, students of law schools, civil servants, and all those who are not indifferent to the issues under study.

LEGAL BASIS OF THE INTELLECTUAL PROPERTY RIGHT IMPLEMENTATION IN THE DIGITAL SOCIETY

The article analyzes the legal basis of the intellectual property right implementation in a digital society. It has been determined that ensuring the development of the sphere of intellectual property, first of all its component – the implementation of intellectual property rights, as an important element of the national innovation system and the basis of the innovative economy of the state, is possible if there is an appropriate regulatory framework adapted to modern socio-economic and political conditions. In the course of the study, it was established that modern domestic law is going through the stage of finding a balance of private law and public law interests both in social practice and in legal regulation for the sake of the harmonious development of society. This approach should also be followed with regard to public relations in the field of intellectual property, where private and public interests intersect. It has been established that the legal basis for the implementation of intellectual property rights contains laws, by-laws, international conventions and treaties ratified by the Verkhovna Rada of Ukraine. It has been established that the rapid technological breakthrough in the world poses new challenges to intellectual property rights. The state and content of legal norms regarding intellectual property are analyzed and it is established that they are the basis for the implementation of intellectual property rights. It has been established that the legislation of Ukraine on intellectual property needs to be further developed, updated, balanced, harmonized with international legal norms and standards. It is proposed to systematize the rules of law in the area under study by codification.

Implementation of Intellectual Property Right to Strengthen Small and Medium-Sized Enterprise Business Capacity in Global Competition

This study aims to analyze the role of MSMEs in the Indonesian economy and the implementation of Intellectual Property Rights (IPR) in protecting Micro, Small and Medium Enterprises (MSMEs). Qualitative analysis is done by interpreting the data collected from library studies with the aim of solving research problems. The result showed that the protection of IPR in MSMEs can increase its business capacity and be able to compete in global competition, because goods and services have exclusive rights and economic rights. With the protection of IPR, stakeholders will strengthen MSMEs and participate in developing the MSME capacity. The banks can provide credit loans with collateral for IPR assets owned by MSMEs.

Review of Trademark and Its Enforcement Provisions under TRIPS

<p><em>T</em><em>rademark and its enforcement provisions are imbedded in Agreement on Trade Related Aspect of Intellectual Property Rights (TRIPS) for promotion and protection of Intellectual Property (IP) rights in member countries of World Trade Organization (WTO). Compliance with trademark and its enforcement provisions (15-21, 41-61) of TRIPS and implementation are two different things</em><em>,</em><em> e.g.</em><em>,</em><em> enactment of law and its implementation hence more efforts are required for smooth implementation of IP rights in member counties. TRIPS is the only International Treaty containing exhaustive enforcement provisions for enforcement of IP rights in member countries. This article is a qualitative method of research reviewing provisions of TRIPS dealing with trademark (15-21) and its enforcement procedures (41-61) in member countries. Trademark enforcement procedures of member countries must be adequate, expedient and must not be complicated, costly and time consuming. Trademark enforcement procedures must be based upon due process of law and fair trial so that aggrieved party may (i) attain damages and compensation for loss due to trademark infringement, (ii) obtain injunctions to prevent trademark infringement in future, and (iii) punish counterfeiter/infringer with imprisonment and fine. Trademark and its enforcement provisions of TRIPS are required to be complied by member countries as there are hurdles in implementation of enforcement provisions</em><em>,</em><em> e.g.</em><em>,</em><em> lack of IP knowledge, IP experts, long borders, deficiency in man power etc. which are required to be sorted out to promote and protect legitimate trade activities in member countries which is a long process needs to be achieved by positive steps under the light of trademark and its enforcement provisions of TRIPS.</em><em></em></p>

IMPLEMENTASI HKI PADA PRODUK UNGGULAN IKM SEKTOR MAKANAN DI KOTA MADIUN UNTUK BERSAING DALAM MASYARAKAT EKONOMI ASEAN

Intellectual Property Rights (IPRs) on excellent product of Small and Medium Industry (SMI) food sector in Madiun can encourage business development and provide a competitive advantage when entering in ASEAN or AEC free trade. This research aims to determine the implementation of IPRs by Industry Sector, Department of Manpower of Madiun on excellent product of SMI food sector, perception of SMI food sector perpetrator to IPRs, and obstacles faced in the implementation of IPRs on excellent product of food sector in Madiun to compete in AEC. The approach method used is qualitative descriptive. The results showed that the Industry Sector, Manpower Office of Madiun in implementing IPRs on excellent product of SMI food sector in Madiun to compete in AEC less effectively. SMI in the food sector in Madiun assume that IPRs is not so important to compete in the MEA. The obstacles faced in the implementation of IPRs on excellent product of SMI food sector in Madiun to compete in AEC: SMI data of incomplete food sector, limited number of SMI food sector in registration of IPRs, socialization of IPRs less effective, lack of understanding of perpetrator SMI on IPRs, and the lack of appreciation of SME actors against IPRs, lack of understanding of SMI actors concerning IPR, and lack of appreciation of SME actors against IPR

Realizatsiya intellektualnykh prav rabotnikov organizatsiy, gosudarstvennykh i munitsipalnykh sluzhashchikh v Rossii i za rubezhom

Realizatsiya intellektualnykh prav rabotnikov organizatsiy, gosudarstvennykh i munitsipalnykh sluzhashchikh v Rossii i za rubezhom

The subject of a criminal assault using the mark for goods and services, branded (registered) the names of qualified indications of origin of goods

The study of problems of determining the subject of a criminal assault as an element of criminalistic characteristics, highlighting the significant amount of scientific works. By analysis of the current legislation, periodic legal and academic literature we came to the conclusion that the subject of a criminal assault, the use of a trademark, proprietary (registered) names of scholars is not considered that, in general, and determines the relevance and determines the necessity of studying this issue. Criminalistical characteristic of a separate category of offences is an element of the structure methods of their investigation [11, p. 16]. The analysis set out in the legal literature views on the General concept of criminalistic characteristics of the crime leads to the conclusion that under the criminalistic characteristic of crimes should be understood in a certain way an ordered set of data (information) about forensically significant signs of crime [11, p. 10]. Among the main elements of criminalistic characteristics of the crimes scholars into the subject of a criminal assault, and define it as a final product, the result of illegal activity of the subject to whom is the investigator at the pre-trial investigation [2, p. 45] The main elements of criminalistic characteristics are: 1) the subject of direct infringement; 2) the method of committing the crime (in its broadest sense); 3) typical situation — "trace pattern"; 4) the identity of the offender; [9, p. 419] So, among the main elements of criminalistic characteristics of the crimes scholars into the subject of a criminal assault, and define it as a final product, the result of illegal activity of the subject to whom is the investigator at the pre-trial investigation [2, p. 45] Under encroached upon various physical bodies, the objects of organic and inorganic origin [5, p. 253]. Article 229 of the criminal code of Ukraine stipulates criminal liability for illegal use of mark for goods and services, trade names, qualified indication of origin of goods. The object of such a crime is guaranteed by the state ownership of the mark for goods and services, trade names, qualified indication of origin of goods. The subject of the offence may be: a) the mark for the goods or services; b) brand (registered) name; b) the qualified indication of origin of goods. The protection of trademark rights in Ukraine is exercised on the basis of the law of Ukraine "on protection of rights to marks for goods and services" of 15 December 1993, with subsequent amendments and additions, the Civil procedural code of Ukraine (Chapter 44). The Act defines the objects of trademarks for goods and services verbal, graphic, volumetric and other designations or their combinations executed in any colour or combination of colors. The object of a trade name is the name, its the name under which the businessman acts in a civil circulation. The concept of "qualified indication of origin of goods" includes a place name of origin and geographical indication of origin of goods. The name of the place of origin is the name of a geographical place that is used as a designation in the product name, which comes from the indicated geographical place and has certain characteristics exclusively or are mainly due to the characteristic of this geographical location natural conditions or a combination of these natural conditions with the characteristic of this geographical place the human factor. [8] Geographical indication of origin is the geographical name of the place, which is used as a designation in the product name, which comes from the indicated geographical place and has certain characteristics exclusively or are mainly due to the characteristic of this geographical place or by natural combination of these natural conditions with the characteristic of this geographical place the human factor. So, summing up the above, you can come to the conclusion that trademarks for goods and services, corporate (registered) name, qualified indication of origin of the goods, the subject of a criminal assault, these are different things, objects, which receive expression in a specific objective (material) form, characterized by originality, and characterized by form, function, category, features of the object and features of related objects (packaging, containers, etc.) are encroaching on the criminal acts on social relations in the sphere of implementation of intellectual property rights.

Problems of implementation of the intellectual property rights on information resources in Ukraine

This article describes the problems of implementation of the intellectual property rights on information resources in Ukraine. The author analyzed the mechanism of implementation of this right, concluded that this area contains a number of problems in Ukraine which demand being solved with the goal of full realization of this right by citizens, organizations, commercial firms. Specific legal measures aimed at improving the process of implementation of intellectual property rights on information resources in Ukraine are justified in the work, the author also gives the proposals how to simplify the procedures of obtaining domain names and registering in the Ukrainian legislation provisions that will provide web sites the signs of independent intellectual property.

The impact of patent protection on US pharmaceutical exports to developing countries

This article provides evidence that patent protection can have a positive effect on trade, by analysing the impact of the implementation of intellectual property rights (IPR) in developing countries on the US exports of pharmaceutical products, following intense lobbying efforts from the US pharmaceutical industry to have the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement included in the creation of the World Trade Organization (WTO). A gravity model using panel data from 1995 to 2010 suggests that the implementation of minimum standards of patent protection has increased US exports of pharmaceuticals to 108 nonadvanced countries.

Harnessing the Economic Benefits of Intellectual Property Rights in Nigeria: Towards a Strategic Development Paradigm

The international system, through the World Trade Organisation (WTO), has assumed the driving seat in positioning the world’s Intellectual Property Rights (IPRs) regime to achieve maximum economic yield through a system of effective regulation. This Chapter reflects on the implications of the current regime for a developing country like Nigeria, in terms of how the country can harness benefits from the current regime through a Strategic Development Paradigm (SDP). The Chapter proposes an informed and carefully planned policy approach to the implementation of IPRs under the TRIPS Agreement.

Intellectual Property Protection and the Geography of Trade

This paper investigates how the implementation of intellectual property rights in developing countries under the 1995 TRIPS agreement affected trade in knowledge‐intensive goods. We compare trade in knowledge‐intensive goods with trade in other types of goods for 158 members and observers of the World Trade Organization from 1993–2009. Trade in knowledge‐intensive goods increased relative to a control group after TRIPS implementation. The increase in imports by developing countries was driven by exchange with high‐income countries and was concentrated in the information and communications technology sector. Our findings suggest that the effect of TRIPS on promoting knowledge diffusion from high‐income to developing countries varies by sector.

Mediating Foreign Norms and Local Imperatives – Intellectual Property ‘Law’ as between the East and the West: From Imperial to ‘Modern’

China is recognized as one of the oldest continuous civilizations in the world and its economic and technological development has, arguably, been a world forerunner for a number of centuries. This article explores the motivation behind protection of property rights in the East, with a focus on imperial China (i.e. 221 BC to AD 1911) followed by efforts in China to regulate the reproduction of literary, innovation and creation prior to the 20th century, which highlight neither a formal or an informal counterpart to major forms of intellectual property (i.e. including copyright, patents and trademarks). While there exists scholarly work concerning intellectual property rights in select countries in the East, this paper takes the view that the recognition of intellectual property and indeed its regulation in China appears to have been curtailed (a view quite distinct to advanced) by both institutional and cultural factors. An understanding of this back-drop is paramount in forming an appreciation of the dynamics not only in the rather gradual implementation of intellectual property rights in China, but also increased trade relations between China and the West.

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.

Flexibility in the implementation of intellectual property rights in agricultural biotechnology

In this paper I discuss the fact that economists define optimal IP rights as a continuum of options in three dimensions: height, breadth and length. At the operational level we see the impossibility of multiplying rights indefinitely (due to prohibitive transaction costs), as well as the use of a limited number of IP tools which have led to the implementation of flexibilities. These flexibilities are designed to limit certain perverse effects of rights ill-adjusted to the characteristics of some economic sectors (agricultural biotechnologies, pharmacy, etc.). In this context, I analyse how these flexibilities are implemented in TRIPS and TRIPS+ agreements and I study the consequences for Developing Countries.

An Examination of the Host Country Factors Affecting the Export of U.S. Video Media Goods

The United States is by far the leading exporter of video media goods in the world. It is also the biggest investor in theatrical films, spending over $63 million per theatrical production and leading the world in box-office receipts. This article investigates the host country factors that have influenced the export of U.S.-based video media products, including film and television programs. It was found that economic environment, geographical proximity, technological infrastructure, and market size influenced the purchase of motion pictures and video programming from the United States. In addition, countries with better economic environments, implementation of intellectual property rights, political rights, larger market size and cultural differences, and language similarity seemed to import more heavily broadcasting content products from the United States.

La propriété intellectuelle dans les biotechnologies agricoles : quels enjeux pour quelles perspectives ?

Dans le cadre des biotechnologies agricoles, il y a eu une evolution des droits sur la propriete intellectuelle, que ce soit la mise en œuvre des brevets sur le vivant, l’evolution de la legislation sur le Certificat d’Obtention Vegetale de l’Union pour la Protection des Obtentions Vegetales en 1991, ou la mise en œuvre de droits de propriete intellectuelle au niveau mondial sur les varietes vegetales dans le cadre des accords ADPIC (art. 27/3 b.) de l’OMC. Dans ce contexte de droits de propriete intellectuelle evolutifs, les marches des ressources genetiques a usage agricole reposent sur des biens et sur des services lies a la gestion de l’agro-biodiversite. Les marches lies aux ressources genetiques vont dependre de la maniere dont les acteurs accederont conjointement a des technologies ; a du materiel biologique et genetique ; a des informations et a des connaissances tant sur le materiel que sur les technologies ; a des marches agricoles que ce soit a un niveau local, national, regional ou mondial. C’est pourquoi dans cet article nous allons analyser, quel que soit le statut des ressources genetiques, les conditions d’acces aux materiels biologiques, aux innovations et aux marches et leurs consequences sur les activites de recherche et de developpement dans le domaine des biotechnologies agricoles.