Intellectual Property Rights Holders Research Articles

THE IMPACT OF INTELLECTUAL PROPERTY CHAPTER UNDER THE COMPREHENSIVE AND PROGRESSIVE AGREEMENT FOR TRANS-PACIFIC PARTNERSHIP ON VIETNAM PHARMACEUTICAL MARKET

The Intellectual Property Chapter under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership has introduced new obligations for Vietnam, notably the protection of Undisclosed Tests or Other Data. This study is of utmost importance as it aims to thoroughly examine the implications of these new obligations, focusing on identifying the benefits for intellectual property rights holders and the public's access to new medicines

Legal Protection of Copyright as a Complaint Offense From a Criminal Law Perspective

Currently in Indonesia there are many cases of criminal acts against copyright. This number is quite fantastic when you look at the fact that from what is known the number is already quite high, not to mention small cases that do not receive special attention by the government. Of course, if left unchecked, this could cause losses, not only for the creator of the work, but also have an impact on the country's social aspects and even the country's economic aspects. This research uses a normative juridical type of research, what is meant by normative juridical research is legal research. literature because normative legal research is carried out by examining library materials or secondary data only. The legal materials referred to will also be used as interesting literature reviews and books, and web-based resources. The occurrence of copyright crimes can harm the creators and thus legal action must be taken against copyright holders during this process. Criminal law against copyright criminals will be implemented. gradually investigation, investigation, prosecution and investigation in court. The concept of the criminal act of complaint offense (klacht delict), from the meaning of the word klacht or complaint, means a criminal act that can only be prosecuted after a report contains a request for prosecution in relation to a particular person or persons. As a country that has ratified TRIPs (Trade Related Aspects of Intellectual Property Rights), this means that Indonesia has a strong enough legal basis to protect the owners or holders of Intellectual Property Rights (IPR), which include Copyright. Copyright Law Number 28 of 2014 has adapted to the agreement agreed in TRIPs. Based on the description above, it can be concluded that the offense of complaints in copyright crimes is not appropriate for the use of copyright crimes. This is because the substance of ordinary offenses has more relevance to prosecuting copyright crimes. In the description above, the state's responsibility to protect citizens, in this case copyright holders, has been explained. The recommendation regarding this problem is to make or formulate copyright crimes into ordinary offenses. So that law enforcers do not hesitate in carrying out inquiries, inquiries and prosecutions for copyright crimes. So don't wait for complaints from copyright holders. The complaint offense will limit law enforcement

Chain of Title of a Film or Other Audiovisual Work

The purpose of the article is to determine the place and importance of Chain of Title of a film or other audiovisual work, which is the basis of the successful sale of film industry products. The role of Chain of Title for film producers is imputed by film distributors, sales representatives and broadcasting organizations. The importance of proper and prompt formalization of business relationship between the industry product creators – which are the intellectual property rights holders, and the film producers is fundamental to the possibility the producer to generate revenue and profit from the film that will recoup the investment made, and also to provide rights holders with additional remuneration. In the Republic of Bulgaria, for the producers of films and other audiovisual works, the issue Chain of Title is still not fully clarified and the article focuses on the process of presenting this essential information from the point of view of the current regulations in the field, the requirements of distributors, broadcasters, and to present the author’s experience in obtaining the Chain of Title process. The methodology used, allows to present accessible and practical information, both for professionals in the field of the film industry, as well as for teachers and students.

Law enforcement function of the state in the field of intellectual property protection

In the conditions of innovative development of economic relations, the role of the law enforcement function of the state is increasing, which requires its authorised bodies and officials to ensure the guaranteed rights of citizens to protect their property and personal non-property rights in the field of intellectual property according to the Constitution and laws of Ukraine. This problematic issue remains relevant for the majority of intellectual property rights holders. The purpose of the study is to reveal the peculiarities of the law enforcement function of the state in ensuring the protection of certain objects of intellectual property. The methodological basis of the research consists of a set of general scientific and special methods and techniques of scientific cognition, including philosophical, metaphysical, deductive and inductive methods, methods of abstraction, modelling, and forecasting, which in combination helped to achieve the set goal. Based on the analysis of a significant number of regulatory legal acts and scientific opinions, research on the law enforcement function of the state in the field of intellectual property, which covers a wide range of private and public interests, has been conducted. The implementation of these constitutional provisions lies in creating proper and effective economic conditions for attracting investments in innovative product creation, and in case of their violation, the state, through its authorised bodies, is obliged to ensure the protection of violated rights. Attention is drawn to the specifics of the main law enforcement functions of the state, which provide for the creation of necessary conditions and stimulation of authors (creators) to obtain the result of creative activity, promote the free use (circulation) of the results of intellectual activity, protection of violated or contested intellectual property rights. It is emphasised that national legislation contains a list of actions that constitute a violation of intellectual property rights, which provide grounds for administrative or judicial protection. Existing gaps in legal protection of intellectual property are analysed. Attention is paid to the state of legislative reflection of the interests of participants in relations in the field of artificial intelligence, determination of the grounds and consequences of legal regulation in the European Union and Ukraine. The results of the work can be used by lawyers as well as by officials of state bodies ensuring the law enforcement function of the state in the researched sphere of relations

Perspektif Hukum Terhadap Kasus Hak Kekayaan Intelektual dalam Bisnis Teknologi Ditinjau Menurut UU Nomor 16 Tahun 2016 tentang Informasi dan Transaksi Elektronik

This research explores the legal perspective on intellectual property rights (IPR) cases in technology businesses with a focus on the provisions of Article 25 of the Information and Electronic Transactions Law (UU ITE). Article 25 of the ITE Law is the central point in regulating IPR protection in the digital business world in Indonesia. In this context, this research investigates the implementation and impact of Article 25 of the ITE Law on cases of intellectual property rights violations in the era of digital technology. This research uses qualitative descriptive research. This research methodology involves legislative analysis and case studies to identify challenges and opportunities faced by intellectual property rights holders and technology business actors. Using a normative and descriptive legal approach, this research analyzes whether Article 25 of the ITE Law provides adequate protection for intellectual property rights and the extent to which its implementation provides legal certainty for business actors. The research results show that Article 25 of the ITE Law provides a sufficient legal basis for protecting intellectual property rights in technology businesses. However, challenges related to the interpretation and enforcement of Article 25, especially in cases of IPR violations, remain an issue that requires serious attention from policy makers and legal practitioners. This research provides recommendations for improvements and clarifications in the implementation of Article 25 of the ITE Law, as well as the need to increase legal awareness among technology business players to ensure optimal protection of intellectual property rights in this digital era

THE “UNJUST ENRICHMENT” IN INTELLECTUAL PROPERTY RIGHTS: A PROPHETIC LEGAL PARADIGM

The purpose of this study is to analyze the implications of the concept of Unjust Enrichment in the realm of intellectual property rights and the orientation of the application of the concept of Unjust Enrichment in the realm of intellectual property rights from a prophetic law perspective. This research is a normative legal research using a case, concept, and statutory approach. The results of the study state that the implication of the concept of Unjust Enrichment in the realm of intellectual property rights is intended to protect creators of works or holders of intellectual property rights, especially in fulfilling economic rights. The orientation of the application of the concept of Unjust Enrichment in the realm of intellectual property rights in the perspective of prophetic law is that the Supreme Court Decision which becomes jurisprudence must be a guide and guide for judges in resolving cases related to Unjust Enrichment in the realm of intellectual property rights. The main finding in this study is that three aspects of prophetic law, namely liberation, humanization, and transcendence are three aspects that must be met and considered in the application of the concept of Unjust Enrichment in all rules related to intellectual property rights, including the formulation of sanctions as well as legal remedies that can be taken if there is a loss suffered by the holder of intellectual property rights.

LIMITATIONS ON THE EXCLUSIVE RIGHTS OF INTELLECTUAL PROPERTY RIGHT HOLDERS (SOCIAL JUSTICE PERSPECTIVE)

Social justice is the goal of the Indonesian state, which must be realized in all fields so that welfare is realized for all Indonesian people which also radiates in the field of intellectual property law, bearing in mind that the initial regulation of intellectual property came from developed countries which are industrial countries which are different from Indonesia. Social justice is the fundamental norm as well as the goal of the state, which is used as a reference in the formation of intellectual property law rules. Thus, arrangements regarding the distribution of intellectual property rights must pay attention to the public interest. Based on such arguments, the regulation regarding restrictions on the exclusive rights of intellectual property rights holders is realized in the public interest. At the implementation level, setting the exclusive rights of older intellectual property law protected without prejudice to the protection of community (general) rights as a form of limiting these rights for the common good. Restrictions on the exclusive rights of the holder of intellectual property law as a form of social justice have been regulated in the Indonesian legal system, although there are still deficiencies.

Role of intellectual property in the development of the state’s innovation potential

The war poses serious challenges to the economy, national security, and development of the country as a whole, and innovation can be an important tool in overcoming these challenges. The research aims to study the impact of intellectual property on stimulating and promoting innovative development in the context of technological progress. The methods of scientific cognition used include analysis, synthesis, deduction, comparison, generalisation, and systematisation; a systematic approach was applied to create a comprehensive methodology for analysing the situation in the intellectual property market. The study investigates how intellectual property can stimulate scientific research, promote the development of new technologies, increase competitiveness within the state and contribute to economic growth. The study analyses the works of Ukrainian scientists that have a positive impact on the development of Ukraine’s innovation potential. The author presents an opinion on the need to develop and improve the protection of intellectual property rights, as this will facilitate the discovery of new technologies and the involvement of scientists in their development. The author discusses the issue of establishing the High Court of Intellectual Property and identifies the advantages and disadvantages that may arise with the introduction of such a body. The author substantiates the position on encouraging and conducting outreach to the public to involve scientists and specialists in the discovery and development of new technologies, and exchange of experience, and also emphasises the need for open educational and scientific events that will contribute to the development of Ukraine’s innovation potential. The author considers various methods of encouraging the population to discover new technologies and work in this direction, such as legal mechanisms that protect intellectual property rights holders from unfair competition, namely administrative and criminal liability. The practical value of the results obtained is that they reveal in detail the problematic issues of the innovation potential of the state, as well as identify areas for improvement and provide recommendations for the productive development of the digital state

Analysis of Chat GPT System Handling International Sports Intellectual Property Disputes

The Chat GPT artificial intelligence system is an extremely powerful information processing tool that can provide rich professional knowledge for scientific research. The aim of this study is to explore the theoretical basis, legal basis, governance concepts, jurisdiction methods, law enforcement measures, and other aspects of international sports intellectual property disputes through the Chat GPT system, in order to identify the shortcomings in the process of resolving international sports intellectual property disputes, and then propose the best solution for resolving international sports intellectual property disputes, To safeguard the relevant rights and interests of international sports intellectual property rights holders and promote the healthy development of international sports industry.

Preventive Legal Protection of Trademarks in Indonesia Based on Law Number 20 Of 2016 Concerning Marks and Geographical Indications

The legal system of intellectual property rights in Indonesia requires the registration of marks regulated in Article 1 paragraph 5 of the Trademark Law, namely, the right to a mark is an exclusive right granted by the state to registered trademark owners for a certain period of time by using the mark themselves or giving permission for others to use it. The emphasis in the article is that the right to a mark is created due to registration and not because of the first use, as stipulated in Law Number 20 of 2016 concerning Marks and Geographical Indications. Intellectual Property Rights have provided legal protection for individuals who have made discoveries or inventions, putting these individuals in the position of holders of Intellectual Property Rights and granting them exclusive rights to reproduce, manufacture, sell, and distribute his inventions. Apart from giving exclusive rights to inventors, intellectual property rights also provide protection for brand holders, which are usually used to describe reputation (quality), indicating differences between one company and another regarding the existence and goods it produces.

CONSTRAINTS TO THE PROTECTION OF COMMUNAL INTELLECTUAL PROPERTY THROUGH INVENTORY BY THE DIRECTORATE GENERAL OF INTELLECTUAL PROPERTY

This purpose of this research is to identify the constrains that arise in the inventory efforts carried out by the Directorate General of Intellectual Property at the Ministry of Law and Human Rights of the Republic of Indonesia in order to realize the legal protection of communal intellectual property. The method used is normative legal research with an evaluative nature, where the sources of legal material obtained in this research are then analyzed qualitatively. The constrains that have been identified are: Constraints in terms of substance, related to the confusion of communal intellectual property rights holders; Constraints in terms of structure, related to coordinating the inventory of communal intellectual property without involving a custodian; Constraints in terms of culture, related to the culture of speech for the custodian of communal intellectual property in Indonesia. These constrains will certainly hinder the government’s efforts to realize the legal protection of Indonesian communal intellectual property. Therefore, it is necessary to make improvements from several aspects, namely: First, the holder of communal intellectual property rights is the custodian; Second, the inventory should be carried out directly or at least involve the custodian; Third, grounding the documentation culture in communal intellectual property custodians in Indonesia

Digital art in light of NFT: Market power and legal uncertainty

Digital art is the result of creative activity practiced in the virtual space. There is no unified concept of digital art in Russia, and there is no legislative consolidation of this term. In this regard, attempts to find an answer to what digital art is and what rights its acquirer has are topical issues of Russian legal science. At the same time, under the influence of technology, as a result of the development of the blockchain, new ways of handling digital art objects have appeared. The appearance of non-fungible tokens (NFT) causes a lot of legal problems. The study of these problems is the most important task for modern lawyers. The purpose of the study is to identify the legal qualification of digital art objects. In this regard, the author sets the task to study the structure of NFT as an object of civil law. The purpose of the article is also to identify potential risks for intellectual property rights holders when issuing NFT. The methodology of this research is based on the use of a set of general scientific methods and specific methods of analysis used in legal science: system-structural method, system-functional, induction and deduction, analogy, method of formal logic and system approach. In particular, the dialectical method provides an opportunity to systematically explore the unity of social content and legal form of art objects in the digital space. The formal legal method makes it possible to form legal categories by highlighting the main features of phenomena related to research questions. The author has made assumptions about the legal nature of digital art and NFT, as well as their place in the system of intellectual property law. The author has come to the conclusion that crypto art is one of the types of digital art. A specific feature of cryptographic art objects is that their emergence and existence is possible only in blockchain. As a result of the conducted research, it has been revealed that not all NFTs connected to art objects are crypto-art objects in digital commerce.

THE USE OF MEDIATION AS AN ALTERNATIVE DISPUTE RESOLUTION IN THE RESOLUTION OF INTELLECTUAL PROPERTY RIGHTS DISPUTES

In the world of digitization where human ability in business has penetrated into the virtual world, the development of this business needs legal protection of intellectual property is growing very rapidly. Various forms of dispute resolution in the field of intellectual property are then present in supporting the creation of legal protection of intellectual property rights holders in Indonesia. The exclusive rights of these creators, inventors and designers are often abused without rights by others for personal gain. This journal aims to determine the arrangement of dispute resolution in the field of intellectual property and to determine the forms of mediation that can be chosen or used in the resolution of intellectual property disputes. The writing of this journal uses normative legal research methods. The results showed that the arrangement of dispute resolution in court was made by filing a civil lawsuit in the Commercial Court and conducting criminal prosecution in the General Court. Arbitration may also be chosen as a medium for resolving intellectual property disputes. In addition, negotiation, conciliation and mediation are some alternative forms of dispute resolution that can be chosen in the resolution of intellectual property disputes. The forms of mediation referred to here are voluntary mediation (out of court) and penal mediation in criminal charges.

The Analysis of Corporate Crime in Indonesia’s Intellectual Property Laws

<p><em>White-collar crime</em> is a type of crime that involves a large number of individuals, is carried out in a structured, large-scale manner, and results in significantly greater losses than conventional crimes. Given the growing number of organizations, the potential for white-collar crime is currently reasonably high. Corporations are able to commit various crimes, particularly those motivated by profit, such as infringements on intellectual property rights. Given that many of today's intellectual property rights holders are corporations, corporations and intellectual property rights have a strong link. This is understandable given that firms have more resources and cash to invest in developing new products that can be protected by intellectual property rights. As a result of the tight relationship between intellectual property rights and corporations, the government must be aware of potential intellectual property rights violations committed by corporations. This article aims to see if the current set of intellectual property rights legislation can handle corporate crimes. The method employed in this research is a normative juridical method with a statutory approach to produce clear findings from the formulation of corporate crime under intellectual property rights regulations. The study's findings demonstrate how unprepared existing clusters of intellectual property regulations are to deal with prospective corporate criminal activities. The criteria and system of corporate responsibility, as well as alternative consequences for firms, are pretty minimum in these numerous statutes, starting with the framing of the issue of punishment. As a result, based on vicarious liability theory and the corporate culture model, this article proposes that corporations be recognized as punishable entities under all laws controlling intellectual property rights and the establishment of firm standards and corporate obligations. In addition, this study offers suggestions for the types and amounts of punishments that might be appropriate for corporations.</p>

Intellectual property barriers to access to COVID-19 health products in South Africa

The COVID-19 pandemic has exposed the fragility of local, regional and global health systems and their inability to meet their populations’ health needs. South Africa also experienced severe shortages of health technologies, attributable to a lack of institutional capacity, corruption in supply chain management and procurement, inadequacy of local manufacturing capacity, and intellectual property barriers. This chapter analyses the extent to which intellectual property barriers have impeded the availability, affordability and accessibility of health products, especially vaccines, needed to avert COVID-19 infection. Global initiatives to improve access, such as the COVID-19 Vaccines Global Access facility, the COVID-19 Technology Access Pool, and the waiver of intellectual property rights proposed at the World Trade Organization by South Africa and India, are appraised. A situational analysis of the relevant health product landscape, is also provided. The two-year delay in tabling a Bill to amend the Patents Act, and the limited use of legal flexibilities to circumvent patent and other barriers, are examined. South Africa experienced significant shortages of diagnostics, personal protective equipment and other products; the country’s vaccine acquisition programme lacked urgency; intellectual property rights holders were unable to meet demand for vaccines and their failure to implement technology transfer prevented any prospect of scale-up or local production; and government has stalled on its commitment to patent law reform. It is recommended that the government urgently give attention to, among others: accelerating its vaccine acquisition and administration; addressing the severely strained health infrastructure; eliminating corruption in procurement contracts and the distribution of supplies; and tabling of a Bill to reform patent legislation.

Jurisprudential Exposition of Intellectual Property Rights

Human beings possess human rights, fundamental rights, statutory rights and natural rights. Property may be tangible, intangible, movable, immovable etc. Properties like house, land, jewellery, utensils etc can be seen and we can store movable properties somewhere safe. Some properties or rights human beings are entitled to, which cannot be seen or kept in safe places and these properties are the creation of human mind known as intellectual property. For the overall development of a nation, granting of intellectual property rights (IPR) is inevitable. But IPRs are being subjected to various criticisms like it is against human rights, equality, human dignity, ethics, competition law etc. This paper is an attempt to analyse the different IPRs, legislative frameworks, criticisms levelled against IPRs and also some suggestions for the proper balancing of IPRs and rights of the society. The work is completed using various text books on IPR, web sites, cases of various courts, international documents and statutes. The outcome expected is to create awareness and a clear knowledge about the various IPRs, the rights of IPR holders, remedies for infringement of rights etc.

Digital Consumer Contract Law without Prejudice to Copyright: EU Digital Content Directive, Reasonable Consumer Expectations and Competition

Abstract The EU Digital Content Directive sets out to facilitate the cross-border distribution of digital content and ensure a high level of consumer protection by harmonising certain aspects concerning contracts for the supply of digital content. The Directive acknowledges the variety of licensing agreements involved in the distribution of digital content, such as between the holders of intellectual property rights, intermediaries and end-users. It is recognised that the consumer’s use of digital content could be restricted under end-user licensing agreements pursuant to intellectual property rights; at the same time, the Directive is without prejudice to other EU law, including copyright. Rather, under Art. 10, the consumer is entitled to remedies from the trader of digital content for lack of conformity where restrictions resulting from a violation of intellectual property rights prevent or limit the use of the content. As the traders of digital content frequently are not the owners of intellectual property rights but rely themselves on a licence, the question arises as to the potential implications of Art. 10 for digital content markets. This paper discusses two such potential implications. The first is whether the efforts to safeguard reasonable consumer expectations could be undermined by the Directive leaving the arrangements between traders and intellectual property right holders out of scope. The second is whether Art. 10 could reinforce the network effects and dominant position of the established players on the market.

Trgovina krivotvorenom robom u Srbiji - metodološki pristup i kvantifikacija

The paper represents the first step in quantifying the categories of goods with the highest risk of being counterfeit during import into Serbia. Firstly, we present a methodology for quantifying the level of counterfeiting, its advantages, and its limitations. Secondly, we determine the product categories most likely to contain counterfeit products. Likewise, by using the OECD methodology, the GTRIC-p indicator for Serbia was formed, enabling comparison with OECD member countries. Based on the results, Serbia does not significantly differ from EU countries in terms of structure and product categories most at risk. The negative effects of imports of counterfeit products are borne mainly by the foreign intellectual property rights holders whose counterfeit products are imported into Serbia. In this context, despite the legal framework in place, incentives for its proper implementation are questionable.

Protecting Soft Adaptation Technologies Under Intellectual Property Rights Systems

Technology can be of both ‘hard’ and ‘soft’ in nature. While both kinds of technologies are applicable for climate change mitigation technologies, the latter kind is more appropriate for climate change adaptation. This is because unlike mitigation technologies, most of the adaptation methods involve some form of technology that broadly cannot be considered as mere product or equipment. Instead, these technologies are broadly considered as various forms of ‘knowledge’ or ‘know-how’. While the mostly ‘product’ or ‘tool’ based ‘hard’ kinds of mitigation technologies are protected by intellectual property rights (IPRs) and brings financial benefit to the IPRs holders, typically ‘knowledge’ or ‘information’ based ‘soft’ kinds of adaptation technologies are vastly considered as ‘public good’, which are not protected by IPRs, nor bring any financial profit for the knowledge generators or the original knowledge holders. This paper assesses whether these soft kind of ‘knowledge’ or ‘know-how’ climate change adaptation technologies can be brought under modern IPRs system as such considered as commercially valuable. The study suggests some modification of existing system, where necessary. Finally, the study suggests introducing a ‘sui generis’ protection for community knowledge or traditional knowledge adaptation technologies.

Inclusion of electronic sports in the Olympic Games for the right (or wrong) reasons

ABSTRACT With so many popular and unique sports played around the world, one of the most important challenges for the International Olympic Committee is deciding which ones merit inclusion in the Olympic Games. In recent years, a spirited debate has ensued surrounding electronic sports, also known as esports, and the possible inclusion of this type of competitive video gaming at the Olympic Games. Considerations centre around the sporting legitimacy of electronic sport, which games might be appropriate to play at events such as the Olympics, and whether esports epitomise the values and ideals promoted by the Olympic Movement. There may be substantial and contrasting information on the topic and these aforementioned questions, but the growing popularity and significance of esports are noteworthy. Over the years, numerous policy entrepreneurs and stakeholders, including governing bodies, intellectual property rights holders, teams, players and sponsors, have all put forward various agenda and policy solutions in response to these questions. In this article, multiple perspectives on the potential inclusion of esports at the Olympic Games are presented and discussed in the context of both the Multiple Streams Framework and Actor-Network Theory. It is the hope of the authors that this article will fuel further discussions on the important topic of the possible, future inclusion of esports at the Olympic Games.