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Articles published on Intellectual Property Rights
- New
- Research Article
- 10.21511/ppm.23(4).2025.15
- Nov 3, 2025
- Problems and Perspectives in Management
- Phakpoom Tippakoon + 6 more
Type of the article: Research ArticleAbstractThe primary objective of this study is to examine how public support moderates the effect of external knowledge sourcing on firms’ innovation performance. It contributes to the literature on external knowledge acquisition, as the moderating effect of public support on external knowledge sourcing for innovation has rarely been investigated. This study uses postal survey data from 423 manufacturing firms in Thailand, collected between March and August 2021, with key respondents including senior managers and firm owners. The Negative Binomial Regression is used for data analysis, as the dependent variable – the number of registered intellectual property rights – is a count variable with a non-normal distribution. The key findings reveal that public support has a positive direct effect on firms’ innovations. However, its interaction with external knowledge sourcing is negative to innovation performance. Thus, contrary to expectation, public support negatively moderates the relationship between external knowledge sourcing and innovation, suggesting that receiving more support weakens the effect of external knowledge sourcing on innovation performance. Moreover, public support does not positively moderate the inverted U-curve relationship between external knowledge sourcing and innovation by augmenting the optimal efficiency of firms’ knowledge sourcing activities. Instead, firms that receive more support tend to achieve optimal efficiency in knowledge sourcing faster than those that receive less. Therefore, rather than complementing external knowledge sourcing, public support appears to serve as a substitute for it: receiving public support reduces firms’ need to seek external knowledge to strengthen their innovative capabilities.
- New
- Research Article
- 10.1556/084.2025.00985
- Nov 3, 2025
- Across Languages and Cultures
- Dania Adel Salamah
Abstract This quantitative study aimed to examine translators' rights from the perspectives of translators working in the translation job market in Saudi Arabia. This involved examining translators' perceptions of the notion of translator rights by identifying the degree of importance they attach to certain intellectual property, financial, and professional rights. In addition, the study aimed to determine the extent to which translators enjoy such rights, and whether the extent of their perceived enjoyment varies according to the sector in which they are employed. To achieve these aims, the researcher surveyed 108 translators using a semi-structured questionnaire. The data were statistically analyzed, and the findings revealed that the sample of the study believes that intellectual property, financial, and professional rights are important. The findings also revealed that the enjoyment of such rights varies among translators. Finally, the analysis showed that enjoyment of rights was highest among translators working in the non-profit sector compared to those working in other sectors. The implications of the study can be used to raise awareness of the rights of translators and improve their working conditions and social status. The findings can also be used to refine existing guides or codes concerned with the rights of translators.
- New
- Research Article
- 10.24833/2073-8420-2025-3-76-76-88
- Nov 1, 2025
- Journal of Law and Administration
- M V Malkova
Introduction. Current legislation uses, but does not define, the concept of a "theatrical and spectacular performance." Modern theoretical scholarship has developed a number of approaches to identifying its content and determining its place within the system of intellectual property rights. Determining where this phenomenon fits in the intellectual property system is of great practical importance, since recognizing it as an independent object would mean establishing a legal regulatory framework for it and acknowledging its intellectual rights, including the "exclusive right" to it as a whole. The article is devoted to analyzing law enforcement practices, various scholarly approaches to defining the place of the "theatrical and spectacular performance" as a phenomenon and object in the intellectual property rights system, and possible mechanisms of its protection. Materials and methods. The study was based on the norms of the legislation of the Russian Federation regulating relations in copyright and related rights, judicial practice materials, and doctrinal research. During the study, general scientific and special legalmethods were used: analysis, generalization, systemstructural, formal-legal, logical, and others. Research results. The study showed that, under the existing legal framework, it is not possible to define a theatrical and spectacular performance as an independent object of intellectual property to which intellectual property rights could be attached. The definition of a complex object, as provided in Article 1240 of the Civil Code of the Russian Federation, implies a special regime of joint existence and use of several interconnected results of intellectual activity. Discussion and conclusion. A theatrical and spectacular performance gives heterogeneous results a unity of perception but does not form an independent object of intellectual rights. The form of this phenomenon does not meet the requirements of objectivity, as it is too susceptible to changes from external factors. Protection of the rights of the organizer of a theatrical and spectacular performance can only be achieved by demanding the cessation of violations regarding the included results, including the director's staging of a performance.
- New
- Research Article
- 10.1016/j.psj.2025.105681
- Nov 1, 2025
- Poultry science
- Caixia Gao + 5 more
Pathogen purification and genetic characterization of SPF BWEL chicken population.
- New
- Research Article
- 10.1257/pol.20220814
- Nov 1, 2025
- American Economic Journal: Economic Policy
- Asli Leblebicioğlu + 1 more
We explore the consequences of trade secret protection for new business formation in the United States. We find the states that adopt the Uniform Trade Secrets Act (UTSA), which enhances intellectual property rights, experience an overall decline in firm and establishment entry rates. This result is driven by the reduction in the establishment entry rates of start-ups and small firms. By contrast, the law increases the establishment entry rates of incumbents and larger firms. The negative impact of the UTSA is larger in industries that rely more on intellectual assets and trade secrets, as well as external-finance-dependent industries. (JEL K11, K22, L11, M13, O34, O38)
- New
- Research Article
- 10.1371/journal.pone.0335515
- Oct 31, 2025
- PLOS One
- Yihan Li + 1 more
Firms often rely on their own unique knowledge to obtain profits, but the reproducibility of knowledge will weaken economic interests, so firms adopt patents to establish exclusivity to clarify the ownership of profit rights. However, patents are only a form, and what kind of knowledge is contained behind them is the key to whether a firm can obtain and how much economic benefit it can obtain. In order to protect intellectual property rights in an all-round way, firms often hold a lots of patents, forming a patent matrix containing multiple cross-knowledge. The more complex the knowledge connotation of the patent matrix, the more difficult it is to be imitated, and the better the protection benefits of patents, forming high-quality patents. This study selects China’s A-share listed companies from 2006 to 2023 as the sample, utilizes patent acquisition data of listed firms, and measures corporate patent quality from the perspective of knowledge breadth—the wider the knowledge breadth embedded in patents, the higher the patent quality. Based on this framework, this study investigates how patent quality, measured by knowledge breadth, influences firms’ access to trade credit. The findings reveal that improvements in corporate patent quality significantly enhance access to trade credit access, with this effect being more pronounced among non-state-owned enterprises and firms in patent-intensive industries. Further analysis demonstrates that patent quality facilitates trade credit access by strengthening bargaining power and elevating corporate reputation. This research not only clarifies the mechanism that ultimately reinforces the operationalization of innovation-driven development frameworks by enhancing firms’ technological competitiveness and market credibility, but also enriches the channels through which patents influence corporate financing, and provides policy recommendations to advance patent quality development. These findings enable firms to leverage patent assets in reducing transaction costs and financing burdens.
- New
- Research Article
- 10.1111/apel.70017
- Oct 31, 2025
- Asian-Pacific Economic Literature
- Jiangyuan Fu + 3 more
ABSTRACT Digital services trade has emerged as a global growth engine and regional trade agreements have received increased attention for addressing digital trade issues. The Digital Economic Partnership Agreement (DEPA) stands as the pioneering international agreement exclusively dedicated to digital trade. It has established a high benchmark, with numerous countries indicating their willingness to become signatories. However, the empirical investigation of international regulations and standards' impact on digital trade remains understudied. This paper employs a time‐varying stochastic frontier gravity model and a trade inefficiency model to conduct an analysis of how complying with the provisions of DEPA Modules can affects the efficiency and potential of digital services trade between China and its 30 trading partners, using data from the years 2014 to 2019. The results indicate that fulfilling the provisions of DEPA Modules could significantly improve trade efficiency. Specifically, high tariff rates, a closed environment for e‐payment systems, and weaker protection of intellectual property rights can impede digital services trade. In contrast, higher penetration rates of secure internet servers and mobile cellular networks, and enhanced government effectiveness can promote trade efficiency. Therefore, complying with the DEPA Modular requirements yields benefits for digital services trade between China and its trading partners.
- New
- Research Article
- 10.1093/jlb/lsaf020
- Oct 31, 2025
- Journal of Law and the Biosciences
- Chimdessa Tsega
ABSTRACTLocal vaccine and pharmaceutical production has transitioned from a mere policy option to an essential requirement in the aftermath of the COVID-19 pandemic. Developed countries' vaccine nationalism and hoarding through bilateral agreements with manufacturers left African countries with minimal access to vaccines. As Africa strives for self-sufficiency in vaccine development and pharmaceutical manufacturing by aiming to produce 60 percent of the continent’s vaccine doses through indigenous manufacturing by 2040, it is crucial to examine existing initiatives and the roles of foreign players, especially China. In the first section, this article examines and evaluates regional initiatives aimed at promoting local production in Africa, focusing on efforts at global, continental, and regional levels to boost the manufacturing of vaccines and pharmaceuticals on the continent. The second section shifts focus to China’s role in Africa’s healthcare sector and highlights Chinese-backed pharmaceutical companies involved in vaccine and pharmaceutical production on the continent. The paper concludes by advocating for a harmonized and sustainable approach to local manufacturing. Specifically, the article argues that for these initiatives, whether government-backed or private investment, to succeed, there is a critical need to harmonize regulations, streamline procurement, diversify production, and address the challenge posed by intellectual property rights.
- New
- Research Article
- 10.51574/patikala.v5i2.3847
- Oct 30, 2025
- Jurnal Pengabdian Kepada Masyarakat Patikala
- Hatta Ridho + 3 more
Blood, as a vital component, has essential functions in the human body, including nutrient circulation, oxygen transport, and hormone distribution. A shortage of blood supply can be fatal, making an adequate blood supply in healthcare facilities crucial for saving patients' lives and maintaining the continuity of the medical service system. Despite its clear importance, challenges in meeting blood needs still frequently occur, primarily due to a lack of public awareness about the urgency and benefits of blood donation, as well as uneven understanding of the process and donor eligibility criteria. This phenomenon is exacerbated by fluctuating donation rates, an aging population demographic, and socioeconomic shifts that impact the sustainable availability of donors. The partner in this community service is the Indonesian Red Cross (PMI) of Medan City, located at Jl. Palang Merah No. 17 Medan. PMI Medan City offers several services such as ambulance, disaster management, training, social service units, and blood donation. The partner's problems are the public's lack of awareness of the importance of blood donation, minimal socialization and information about blood donation, and unstable blood stock availability, making it important to maintain the amount of available blood stock. Based on the partner's problems, the solutions offered in this service are raising awareness, capacity building, and empowering the community thru the creation of the Bintang Donor application and the formation of blood donation volunteers. The benefits obtained are that by forming blood donation volunteers, knowledge, awareness, and public health are increased thru blood donation, blood stock availability can be maintained so that it remains stable, and it becomes easier for the public to obtain information and blood donation locations. The planned outputs of this program are: a journal of the activity results, a video of the activity implementation, publications in mass/online media, and Intellectual Property Rights (IPR).
- New
- Research Article
- 10.56347/kjpkm.v4i2.370
- Oct 30, 2025
- Kawanad : Jurnal Pengabdian kepada Masyarakat
- Rr Dyah Astarini + 5 more
The FEB-Usakti Community Service Team (PKM) conducted training on contemporary marketing strategy implementation at Islamic Entrepreneur Boarding School (IEBS) Global Cahaya Nubuwwah Insani, Purwakarta. Forty-one participants (26 females, 15 males) attended training sessions covering mentoring, skill development, social media advertisement creation, and facilitated discussions. Preparatory activities included surveys, coordination meetings, module development, and partner coordination. The PKM activities occurred on 15–16 March 2025, from 9:00 AM to 1:30 PM. Participants completed pre-test and post-test assessments to measure material comprehension. Results showed participants recognized modern marketing significance and the necessity of social media advertising. During training, participants demonstrated enthusiasm while learning to create social media advertisements. They acknowledged that social media utilization expands consumer reach, reduces operational costs, and enhances business efficiency. Participants grasped that marketing serves as the fundamental concept of business feasibility and expressed that training proved beneficial and met their expectations. Future PKM activities should build upon previous initiatives, ensuring continuity between teams and participants. The outcome includes intellectual property rights in copyright form.
- New
- Research Article
- 10.1007/s11033-025-11156-0
- Oct 28, 2025
- Molecular Biology Reports
- Johan Baars + 7 more
BackgroundProtection of the intellectual property (IP) rights on new crop varieties is important as it allows the breeding company or entity that produced the variety to earn back (part of) the investment. Infringement on the IP rights of mushroom varieties is not uncommon. In order to combat infringement of the IP rights on two strains of Oyster mushroom (SPOPPO and ALLERPO) it is important to be able to readily recognize and discriminate the two strains in commercial practice. This article describes the development of tools for the on-site identification of two closely related sporeless strains of Oyster mushroom.Methods and resultsTo develop a reliable method of discriminating between SPOPPO and ALLERPO, we used either the LAMP technique or a modification of that technique. It allows for fast (within 30 min) identification of the commercially used strains SPOPPO and ALLERPO with high specificity. Fast on-site answers on strain identity can be important when experiencing unexpected strain behavior or when strains are of suspect origin. Both strains are discriminated from sporulating strains by a LAMP reaction on the intact version of the msh4 gene; sporeless strains contain a msh4 gene with a large insert that renders the associated protein inactive.ConclusionsSPOPPO and ALLERPO are distinguished from each other and other commercially used Pleurotus ostreatus strains by LAMP reactions that target genomic regions with strain specific recombinations. To our knowledge, this is the first time LAMP reactions have been developed to discriminate between Pleurotus ostreatus strains.Supplementary InformationThe online version contains supplementary material available at 10.1007/s11033-025-11156-0.
- New
- Research Article
- 10.54844/ep.2025.0877
- Oct 28, 2025
- Editing Practice
- Jing Yu + 4 more
Background: To investigate the trend of improper fund labeling and analyze the phenomenon of multiple annotations in one paper. Methods: A systematic sampling method was adopted to select academic papers from 23 medical university journals in the first issue of 2020 and the first issue of 2023. Each paper was screened, and the journal, number of issues, title, keywords, authors' names, their affiliated units, and approval numbers of all funding projects were recorded. Data of various projects of the National Natural Science Foundation of China (NSFC) were also extracted: Names, keywords, start and end dates of its projects; names of project leaders and participants; names of the applying units; completion status; and thesis titles. Results: The sampling method yielded 1090 sampled papers, 2014 funding projects, and 916 (84.04%) papers that received funding, with an average of 1.85 funded papers. A total of 392 papers had received support from 507 projects by the NSFC. Among the 2014 funding projects, 73.6% were labeled with appropriate timing, 7.7% had inappropriate timing, and 18.7% required clarification about whether there was any inappropriate timing. Twenty-one funding projects (1.0%) were approved for more than 10 years. The number of improper labeling of funding time in the first period of 2023 significantly decreased since 2020 (2.48 ± 1.44 vs. 4.35 ± 3.13, P < 0.001). Out of the 507 projects of the NFSC, 373 (73.6%) had content annotations that complied with regulations, 114 (22.5%) had no content annotations, 5 (1.0%) had no author annotations, and 15 had annotations that do not exist (2.9%). Conclusion: Improper funding labeling occurs in medical university journals. Relevant departments should take certain measures to curb the chaos in fund labeling. This is of great significance for maintaining academic integrity, clarifying the ownership of intellectual property rights, standardizing the use of funds, and improving the effectiveness of funding.
- New
- Research Article
- 10.51584/ijrias.2025.1010000010
- Oct 27, 2025
- International Journal of Research and Innovation in Applied Science
- C.L Avadhani + 2 more
From Ancient times to present generation the evolution of Intellectual Property Rights reflects a complex interplay of historical, legal and economic factors balancing the need for innovation with public interest. This article provides a comprehensive analysis of the evolution, role, and contemporary relevance of the World Intellectual Property Organization (WIPO) in protecting Intellectual Property Rights (IPR) Globally. Tracing the origins of Intellectual Property from ancient India’s communal knowledge-sharing traditions to modern state-granted exclusive rights, it highlights the dynamic transition from cultural norms to formal legal frameworks. The article reviews the historical development of IPR, including Patents, Copyrights, Trademarks, and Geographical Indications and India's journey in aligning its IPR laws with International Standards. The aim and objective of this article is to explore the role and functions of World Intellectual Property Organization and its relevance in development of contemporary legal frameworks and offering valuable perspectives on policy formulations and innovation management globally and in particular with respect to Indian Legal System. It also explores WIPO’s objectives, functions, and its collaborative role with member countries to promote innovation, resolve disputes, and facilitate Global Cooperation. The discussion emphasizes the importance of protecting traditional knowledge, addressing emerging challenges such as digital piracy, and upholding equitable rights among developed and developing nations. The article concludes with a call for enhanced efforts to safeguard indigenous knowledge and traditional inventions within the global IPR system, underscoring WIPO’s significance as a key institution for fostering creativity and innovation worldwide. It traces the historical context from ancient communal approaches, especially in India, to modern legal frameworks protecting innovation and creativity. The relevance of WIPO in fostering equitable intellectual property rights for all member nations is underscored. This includes an evaluation of India’s compliance with Global agreements such as TRIPS agreement and its role in shaping the country’s knowledge economy.
- New
- Research Article
- 10.1093/jiplp/jpaf067
- Oct 27, 2025
- Journal of Intellectual Property Law & Practice
- Aina Otarbayeva + 1 more
Abstract In the context of deepening integration within the Eurasian Economic Union (EAEU) and the instability of global supply chains, the effective protection of trade marks has become critically important. The partial legalisation of parallel imports in Russia and Belarus (since 2022), introduced in response to sanctions, has led to a de facto return to the international exhaustion regime. This contradicts the regional exhaustion principle enshrined in the Treaty on the Eurasian Economic Union (No 52764) (Astana, 29 May 2014, Annex 26, para 16) and exacerbates legal uncertainty, counterfeiting risks and infringements of intellectual property rights. This article identifies the key institutional barriers to trade mark protection in EAEU member states, including the failure to launch the Unified Customs Register of Intellectual Property Objects (UCRIPO), regulatory and technical inconsistencies among member states and systemic shortcomings in national frameworks (using Kazakhstan, Belarus and Kyrgyzstan as examples). Based on the analysis, the article argues for the development of a balanced model that combines the protection of exclusive rights with market interests. The key elements of such a model should include the launch of the UCRIPO, harmonization of suspension-of-release procedures, digitalization of enforcement mechanisms and centralized application submission by rights holders (drawing on the experience of the EU’s COPIS/EUIPO system). The implementation of these measures is essential for reducing legal risks, increasing investor confidence, fostering competition and ensuring the resilience of the EAEU’s single market.
- New
- Research Article
- 10.54117/02eabv98
- Oct 26, 2025
- IPS Journal of Public Health
- I P Nwakoby + 5 more
Of the many public health interventions, vaccination stands as one of the most transformative, responsible for eradicating smallpox, curbing polio, and drastically reducing the global burden of infectious diseases. The journey from laboratory concept to licensed product, however, is a complex, costly, and highly regulated endeavor. This comprehensive review explores the multifaceted landscape of vaccine development through intersecting legal and ethical lenses. It delineates the standard multi-stage pathway for vaccine approval, from preclinical research through post-marketing surveillance, and examines the pivotal role of major regulatory agencies like the FDA and EMA in safeguarding efficacy and safety. The analysis is grounded in core ethical principles governing human subject research, including social value, informed consent, and a favorable risk-benefit ratio. Furthermore, the review investigates key legal structures, including vaccine injury compensation programs and the legal authority for mandates, while analyzing persistent tensions between intellectual property rights and equitable global access. Special ethical challenges, such as human infection studies and research in low-resource settings, are also addressed. The COVID-19 pandemic serves as a central case study, stress-testing these established frameworks. The unprecedented acceleration of development, reliance on Emergency Use Authorizations, and the stark emergence of vaccine nationalism highlighted both the remarkable agility of regulatory systems and profound vulnerabilities in global equity and public trust. The conclusion emphasizes that while the system successfully balanced urgency with prudence during the crisis, future preparedness requires strengthened regulatory harmony, robust manufacturing capacity, and more effective strategies to combat misinformation and uphold ethical commitments to global justice.
- New
- Research Article
- 10.51473/rcmos.v1i2.2025.1589
- Oct 24, 2025
- RCMOS - Revista Científica Multidisciplinar O Saber
- Ulysses Guerra De Mendonça + 2 more
This study analyzes the Brazilian Patent System from the perspective of Law No. 9,279/1996, which regulates the rights and obligations related to industrial property. The research discusses the importance of this legislation in the context of technological innovation, economic development, and the international harmonization promoted by the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights). This descriptive and analytical literature review examines the historical evolution, legal foundations, and contemporary challenges of patent protection in Brazil. The findings indicate that, although the law modernized the patent system and strengthened legal security, issues such as administrative delays and the imbalance between inventors’ rights and public interest persist. It concludes that the continuous improvement of the system is essential to reconcile innovation protection with social access to knowledge and sustainable development.
- New
- Research Article
- 10.35265/2236-6717-263-13209
- Oct 24, 2025
- Revista Científica Semana Acadêmica
- Heyder José Maia Fernandes De Araújo + 1 more
With technical-scientific-informational advances, more and more challenges arise not only for legal practitioners, but also for the entire community in the face of the changes brought to society by the evolution of machines. Thus, among the current difficulties, experienced nationally and internationally, is the growth of artificial intelligence technologies that have an increasing participation in the production of content in the creative branches of the industry, which causes constant doubts about the ownership of the rights to these works. Therefore, the study is justified by the need to understand contemporary trends related to the digital universe and their implications for the current scenario. From this perspective, the article aims to present the conceptualization of copyright and artificial intelligence, emphasize the impacts of AI on intellectual property rights and, finally, present both the national position and the way in which this issue is being addressed by other countries. To this end, qualitative research will be used, with a monographic procedural method and a hypothetical-deductive approach. In the end, it was found that there are several cases that demonstrate the need to balance both factors and the development of laws and initiatives that seek harmony between the protection of copyright and the development of artificial intelligence technologies.
- New
- Research Article
- 10.1007/s00464-025-12173-7
- Oct 22, 2025
- Surgical endoscopy
- Kiyokazu Nakajima + 4 more
This guide is designed to assist surgeons in understanding the proper procedures for legitimately securing the outcomes of their original ideas and collaborations with industry partners as "intellectual property." Our web-based survey conducted among EAES members in 2019 revealed that surgeons have traditionally shown limited interest in intellectual property. The findings suggested that even when surgeons generate and realize novel concepts, these innovations are often inadequately protected, leaving them vulnerable to misappropriation. Accordingly, this guide focuses on the patenting process for surgeons engaged in collaborative research with industry. It addresses common questions that arise during this process in a Q&A format. The guide also explains key aspects of communication with corporate partners and intellectual property specialists during patent application procedures. Furthermore, it outlines the transition from domestic to international patent protection, with particular emphasis on the Patent Cooperation Treaty (PCT) system. Although this article serves as a practical guide for surgeons seeking to protect their intellectual contributions, it may also be used as an educational resource for industry designers, engineers and business developers, highlighting the importance of respecting and safeguarding the intellectual property rights of medical professionals.
- New
- Research Article
- 10.61345/1339-7915.2025.3.4
- Oct 21, 2025
- Visegrad Journal on Human Rights
- Olesia Kharchenko + 2 more
The authors determine that the growing role and importance of intellectual property require an increase in the efficiency of its legal enforcement. The enforcement of the rights and legitimate interests of intellectual property rights holders is carried out through an enforcement mechanism that includes a system of forms, methods, and means used by the relevant jurisdictional authorities and stakeholders to ensure proper enforcement of the rights and interests of intellectual property rights holders. It is noted that international legal regulation plays a vital role in the enforcement of intellectual property rights, given its national character. The article analyses the compliance of the national legislation of Ukraine in the field of intellectual property rights enforcement with the provisions of the Acquis Communautaire and the legislation of the European Community. This is because intellectual property rights are national. Although there are international agreements governing this area, they cannot always resolve all differences. The creation of the EU as a new legal space required a revision of approaches to intellectual property regulation and the development of supranational legal instruments to ensure the effective functioning of the common market. The article is devoted to defining the legal nature of one-time financial assistance and compensation as forms of compensation for property damage for infringement of intellectual property rights. The article emphasises the key role of ensuring fair and effective enforcement of intellectual property rights to stimulate innovation, technology development, and economic growth. The importance of knowledge and a conscious attitude to the enforcement of these rights lies in their impact on the progressive development of society. The enforcement of intellectual property rights facilitates the exchange of technology and knowledge between countries and organisations, which in turn supports scientific and technological progress on a global scale. The main form of compensation for material damage caused to the victim is compensation for damages, which includes actual damages and lost profits. When claiming damages, the right holder must prove the existence and amount of damages, as well as their causal relationship to the infringer’s actions. Usually, when exclusive rights are infringed, damages are expressed in the form of lost profits – the amount that the right holder could have received if the infringer had entered into an agreement with him/her and used the intellectual property for a fee. Lost profits should be considered at least as much as illegally obtained profit. The application of a one- time monetary penalty instead of compensation for damages for the misuse of an intellectual property right implies that the amount of this penalty is determined by the law, taking into account the person’s fault and other essential circumstances. It is the responsibility of the victim to prove the amount of damages suffered, which also requires proving that the exclusive right has been infringed. This method of restoring the infringed right is complex for the subject of the exclusive right, as it requires submission to the court of evidence of the losses, documents confirming their amount, and proof that the actions of a particular infringer caused the losses. The amount of compensation depends on the intent of the infringer. If the infringement was intentional, the amount of compensation may be tripled, and in the absence of intent, doubled. This means that liability for violation of rights arises even without intent.
- New
- Research Article
- 10.61345/1339-7915.2025.3.5
- Oct 21, 2025
- Visegrad Journal on Human Rights
- Yuriy Nosik + 1 more
The article discusses the general methods of civil rights enforcement that may be applied by a court, in particular, when protecting intellectual property rights, as set out in Article 16 of the Civil Code of Ukraine. The authors also discuss special methods of enforcement of intellectual property rights provided for in part 2 of Article 432 of the Civil Code of Ukraine, according to which the court may make a decision in cases and in the manner prescribed by law. The remedies are directly related to the nature of the violation of a subjective civil right or interest, in particular: the definition of the violated right or interest; the fact of the violation itself (non-recognition, contestation) or the threat of such violation; the possibility (or expediency) of restoring the right, removing obstacles to its exercise, or compensation for the consequences of the violation; as well as the need to apply a comprehensive approach to enforcement, etc. It is determined that infringement is only an attempt, preparation, or attempt to commit a civil offence. As for the threat of infringement as a way of protecting intellectual property rights, it is characteristic of copyright and is a separate type of unlawful behaviour that is culpable, real, purposeful, and public. It is determined that, depending on whether the rights have already been violated or there is only a threat of their violation, the remedies can be divided into those aimed at terminating the violation and eliminating its consequences and those aimed at preventing the violation of rights.