Ownership Rights Research Articles

Akibat Hukum Bagi Notaris Atas Pembuatan Akta Pengalihan Merek yang Belum Terdaftar

Transfer of rights is a legal event in which the ownership rights of one party are transferred to another party preceded by certain conditions or agreements justified by law. Marks as assets in the form of intangible objects can be transferred according to the provisions of Article 41 paragraph 1 Law number 20 of 2016 concerning Marks and Geographical Indications. There are additional arrangements regarding the process of transferring rights contained in the provisions of article 41 paragraph 8, namely the transfer of rights to a mark can be carried out at the time of application for a mark. As is well known, marks that are still being applied for at the Directorate of Marks and Geographical Indications may not necessarily be registered in the General Register of Marks, so that applications for marks being transferred do not yet have a strong basis of rights as the object of the transfer agreement. Notary is a position that is given the authority to make an authentic deed. Based on article 1 number (1) of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Offices Of course, with this authority, the Notary Office is expected to be able to fulfill the interests of the appearers to realize their interests stated in the deed, especially making agreements trademark transfer that is still being applied for. In this study, the authors focus on the validity of the trademark transfer agreement that is still being applied for and the legal consequences for the notary who makes the agreement if the applied mark cannot be registered in the General Register of Marks based on the trademark laws and regulations on the position of notary public and other applicable laws. interrelated and based on research conducted by the authors.

Blir du ensam, lille vän?

The lonely ones? Citizenship ideals in Swedish early childhood education policy. The aim of this article is to discuss the democratic function of education by exploring and comparing the citizenship ideals expressed in Swedish early childhood education policy in 1987 and 2018. The study shows that citizenship that was previously foremost emphasizing the horizontal relationship within a community has shifted towards an emphasis on the vertical relationship between the individual and the state. The ideal has thus shifted from a lived citizenship emphasizing community and belonging to citizenship as an individual status based on ownership of rights. The article concludes that the empowerment of children regarding their formal rights in a context characterized by increased focus on individual learning and freedom may contribute to reducing other aspects of democracy such as community, belonging and care, therefore significantly altering the societal task of education.

PARALLEL IMPORT: THEORY, PRACTICE AND SPECIFICS IN THE CONTEXT OF SANCTIONS RESTRICTIONS

Parallel import refers to one of the controversial and ambiguous issues actively discussed in scientific literature over the past decades. On the one hand, parallel import is associated with the violation of intellectual property rights of trademark owners, and on the other hand, it is an indirect tool to combat price discrimination on the world market. Parallel import as a forced measure under sanctions is of particular research interest. The legalization on parallel imports in Russia, which allows to freely import certain goods into the country without the copyright holders’ permission, is aimed at countering large-scale anti-Russian sanctions, maintaining stable trade turnover and protecting the domestic industrial sector. The purpose of the work is to study the reasons for parallel import existence, its positive and negative aspects, as well as the specifics of importing goods into the country under sanctions. The methodology of the study is based on the analysis of international and Russian legislative framework, generalization of scientific and practical approaches to parallel import issues, as well as statistical data. The results of the study allows us to conclude that using the term «parallel import» to characterize the processes of importing goods under sanctions is not entirely legitimate due to the absence of the main, authorized import channel in most cases. The work provides a risk map related to the use of a parallel import scheme in the activities of Russia’s enterprises. The findings can be applied by commercial and industrial enterprises in devising a risk minimization strategy in conditions of sanctions restrictions.

PERLINDUNGAN HUKUM HAK DESAIN INDUSTRI KEKAYAAN INTELEKTUAL TERHADAP PENGRAJIN SONGKET BALI DI KLUNGKUNG, SEMARAPURA

Intellectual property protection is to provide legal protection for the ownership of public and private intellectual property rights, which is the basis of the development of the creative economy and makes an important contribution to the development of the country. As a developing country, Indonesia must be able to take appropriate steps to anticipate all changes and developments as well as global trends in order to achieve national goals. The purpose of this study is to determine the protection of Intellectual Property Rights for Songket Fabric Industrial Rights in Klungkung Village Bali and to find out the Registration of Intellectual Property Rights for Songket Fabric Industrial Rights The research method used is legally empirical, namely through the use of laws in terms of norms or Dassault Symphony and social reality, cultural, or Dassian. The results showed that Balinese songket cloth can obtain Intellectual Property Rights, especially Industrial Design Rights.

The Evolution of Property Rights in Indonesia

The article explains the emergence of property rights over land in Indonesia. Theoretically, the emergence of property rights in Java was deliberate. It is contrasts with the claim that spontaneous evolution of property rights . The article contributes to explaining the deliberate emergence of property rights in the case of the emergence of property rights to land in Java, Indonesia. The study is conducted by tracing the handover traces of land policy development from each period of power. The policy study begins in the period of feudalism where the concept of vorstendomain prevailed. During this period, awareness of property rights had not yet grown because the population considered the land to be the property of the king. Javanese colonialism and its land policy started the seedbed for the emergence of property rights over land. The Priangan system during the VOC started the realisation for the Javanese population about land ownership. Raffles' land-tax further solidified the awareness of land ownership rights. At this time, land distribution occurred to the local elite. The cultuure stelsel policy during Dutch colonialism had weakened land claims for Javanese people, because the workload that had to be borne was in accordance with the amount of cultivated land. Liberalism that grew in Europe had influenced changes in land policy in Java. In 1870, the Dutch colonial government issued the agrarisch wet which recognised land ownership rights for indigenous people in Java.

A Legal And Sosiological Analysis Of Trademark Circulation In Indonesia

Intellectual property rights are a system of modern life that is interconnected with the system that exists today. Intellectual property rights are a by-product of human ideas and thought patterns, so they are currently one of the complex problems that arise in the world of commerce. The aim of this research is to analyze the sociology of law in the circulation of trademarks in Indonesia. Analytical descriptive methods are used in research specifications to describe facts and realities relating to trademark law in Indonesia. The research results show that, within the framework of the rule of law, respect for trademark rights is a national honor given to individuals who have taken the time to consider developing original and distinctive works of intellectual property. Legal sociology has a role in violations that occur in trademark cases; apart from filing criminal and civil charges for failure to reach a resolution, there are other options to overcome existing problems. All parties must comply with certain requirements so that the conflict resolution process can be effective. Having a certificate is one of the components of feeling more comfortable running a business in the future. It is easier for trademark owners to demonstrate ownership rights to the trademarks they use, so they don't need to worry about their company if a lawsuit occurs. Based on the results of the analysis carried out, society, namely the private sector, must support intellectual property, including trademarks, by upholding corporate ethics that demand integrity in all business dealings. Strong business growth in terms of market share and product quality is a catalyst for economic expansion, raising living standards, and achieving economic development.

Assessing the Copyright Infringement Risk of Generative AI Created Works

The rapid evolution of the Internet and big data technology has ushered in significant advancements in data production and utilization. However, this progress has brought to the forefront the intricate issue of copyright protection. This is particularly evident with the widespread adoption of generative artificial intelligence (AI), where concerns regarding data source protection, data processing standards, and the boundaries of data application have garnered considerable attention from both academia and industry. Big data mining techniques coupled with generative AI algorithms offer robust support for data collection and processing, but they also introduce risks of data infringement and pose challenges regarding algorithmic compliance and ownership rights over generated works. Addressing these issues is imperative. This paper recommends enhancing legal compliance standards throughout each stage of the generative AI process, recalibrating the scope of acceptable copyright use, and establishing a regulatory framework for generative AI works. These measures are crucial for fostering the sustainable and orderly advancement of the generative AI industry.

Acquisition of land ownership rights by foreign persons according to the laws of Ukraine and Canada

The article conducts a comparative legal study of the specifics of acquisition and exercise of land ownership by foreigners, stateless persons and foreign legal entities under the legislation of Ukraine and Canada, as a result of which the Canadian experience of legal regulation in the specified area, which is most acceptable for Ukraine, is substantiated. It has been established that in the science of land law of Ukraine, one of the most controversial issues is the possibility, scope, conditions and grounds of granting land ownership rights to foreigners, stateless persons, and foreign legal entities, especially considering the provisions of Art. 13 of the Constitution of Ukraine, which declares all land to be the property of the Ukrainian people. This issue has not been resolved definitively in the land legislation, as access of foreign persons to ownership of agricultural land can be granted only after a positive decision of the All-Ukrainian referendum. The conducted research showed that Canadian legislation provides for the possibility of establishing restrictions on the acquisition of land ownership by foreign entities both at the federal level (a two-year restriction on the purchase of residential real estate, including vacant land plots intended for residential development), and at the level of individual provinces and territories. At the level of the provinces and territories, there are different legal models for restricting the access of foreign persons to the right to ownership of land, primarily for agricultural purposes. There are no legal restrictions on the acquisition of the right to ownership of land by foreign persons in British Columbia, Ontario, Newfoundland and Labrador, New Brunswick and Nova Scotia. At the same time, in Alberta, Saskatchewan, Manitoba, and Quebec, the access of foreigners to land ownership is significantly limited, in particular, by establishing the maximum size of land plots that they can acquire on ownership. The article claims that the establishment of restrictions in Canadian legislation on the acquisition of ownership rights to land, primarily for agricultural purposes, is conditioned by the need to ensure priority access to the lands of Canadian citizens and Canadian corporations, which can be a reference point for the settlement of these issues in Ukrainian land law. Canadian legislation, both at the federal level and at the level of individual provinces and territories, provides effective mechanisms of legal responsibility in the event of violation of legal restrictions on foreign persons' access to land ownership, which should be provided for in Ukrainian legislation.

General characteristics of technologies, innovations in intellectual property law

In this work, we consider technologies, innovations and intellectual property rights. In the context of modern development of all spheres of human life, the concepts of «technology», «innovation» and «innovative technologies» are an integral aspect of the present. They play an important and key role in the competitiveness of not only individual enterprises and organizations, but also in law and economics in general, since innovative technologies are the basis for the positive development of society and the legal relations that arise in this regard, including legal relations in the field of intellectual property rights. Intellectual property is the result of intellectual and creative activity, which is formalized and grants the author or a person who is granted the right of ownership of the result by law, which is acquired, exercised and protected in accordance with the established procedure, rules and legally defined norms. It is the objects of intellectual property rights that are in clear interaction with technology and innovation. Detailed attention is paid to the essence and content of innovations and technologies in the field of intellectual activity, in particular in the production and change of characteristics of the relevant objects of intellectual property rights. The author focuses on the conceptual apparatus of such concepts as «innovation», «technology», «intellectual property», «intellectual property rights», and technology transfer. The modern national and foreign literature is analyzed with a view to defining the basic concepts of the study and their legislative consolidation. The author analyzes the features of technology transfer, in particular, it is established that innovative technologies are endowed with novelty, revolutionary nature, irreplaceability, uniqueness, and inevitability. The author establishes the interconnectedness of the content of «innovations» and «technologies» in relation to intellectual property rights, namely, directly to intellectual property objects, which are manifested by applying know-how or an invention to a specific result of intellectual activity in the production process.

Informed consent in the economic law field of additive manufacturing

Informed consent in the economic law field of additive manufacturing

KEKUATAN PEMBUKTIAN AKTA DIBAWAH TANGAN JUAL BELI TANAH DAN BANGUNAN YANG BERSERTIFIKAT HAK MILIK

This thesis is the result of research on the strength of proof of private deed of sale and purchase of land and buildings with certificates of ownership from the perspective of sharia economic law from a study of court decisions Number: 699/PDT.G/2020/PN.JKT.BRT. Evidence that there has been a sale and purchase of land rights, then it should be that the correct sale and purchase of land rights must be carried out before the Land Deed Making Officer (PPAT). In reality, in people's lives, there are still many buying and selling of land that are carried out without PPAT interference, namely buying and selling with private agreements which are sometimes only evidenced by a receipt and only having proof of ownership of the land which is still in the name of the old owner (seller). With the formulation of the problem 1) What is the strength of the proof of the deed under the hands of the sale and purchase of land and buildings with certificates of ownership based on Court Decision Number: 699/PDT.G/2020/PN.JKT.BRT? 2) What is the review of Sharia Economic Law on the strength of proof of underhanded deeds of buying and selling land and buildings that are certified as property rights based on Court Decision Number: 699/PDT.G/2020/PN.JKT.BRT? The purpose of this research is that the parties who carry out land and building buying and selling transactions are based on statutory regulations and Islamic sharia provisions. The type of research used is library research with a normative legal research approach. The main data source used in this study is secondary data with the method of collecting data from literature and document studies. The data analysis method was carried out using qualitative methods with descriptive analysis. The results of this study indicate that 1) The strength of the proof of the underhanded deed of sale and purchase of land and buildings with certificates of ownership in the decision No. 699/PDT.G/2020/PN.JKT.BRT is valid and has permanent legal force. the legality of the underhanded deed because it has fulfilled the legal requirements of an agreement contained in article 1320 of the Civil Code where the agreement for the sale and purchase of land and buildings does not absolutely have to be with a deed drawn up by the PPAT, has permanent legal force because it has the same evidentiary power as authentic deed. The transfer of land rights with certificates of ownership was resolved by granting the Plaintiff the right to act as the attorney for the Defendant before the appointed Land Deed Making Officer. 2) Review of sharia economic law on the strength of proof of underhand deed in the sale and purchase agreement of land and buildings that are certified with ownership rights in decision Number 699/PDT.G/2020/PN.JKT.BRT is that the contract is valid and has permanent legal force. The validity of the contract in buying and selling is because it has fulfilled the conditions and pillars that have been determined by Islamic law. Permanent legal force because the sale and purchase was carried out in cash which was poured into a sale and purchase agreement then made and signed by the Plaintiff and Defendant. this is in accordance with one of the principles of proof in Islamic law, namely the principle of al-kitabah (written).

The Modern Technology Legal Certainty on Electronic Certificates of Land

In fact, often these physical land certificates are easily duplicated. This of course makes the owner of the land certificate suffer losses. This research aims to examine and analyze legal certainty for electronic land certificates as proof of ownership of land rights in Indonesia; and to review and analyze the legal protection of data on electronic land certificate ownership rights. The approach method used in this study is a normative legal approach. The results of the study show that: (1) Legal certainty of land certificates in the form of electronic documents can be categorized as electronic evidence which has the same evidentiary power as written/written evidence made on paper and the printout as a form of valid proof. (2) Legal protection that can be given to electronic land certificate ownership data consists of: a) Preventive legal protection in the form of guaranteed fulfillment of personal data protection by requiring Electronic System Operators in this case the National Land Agency (BPN) to maintain the confidentiality of public personal data and safeguard it so that there is no leakage.

Penyelesaian Sengketa Konflik Kepemilikan Tanah dengan Pendekatan Litigasi di Pengadilan Tata Usaha Negara

Land is an important thing in human life. In Indonesia, land is regulated in basic or basic rules, namely the Basic Agrarian Law (UUPA) of 1960. To guarantee ownership rights to land owned by someone, evidence is needed to support this ownership, namely by registering land and certifying it. land. However, of course these things cannot be separated from the existence of land disputes which can arise for various reasons. The aim of this research is to find out the regulations regarding land registration and the purpose of land registration as well as the benefits of land certificates and how to analyze examples of land disputes. . The method used in this article is a juridical-normative approach and uses descriptive-analytical research. The results of the research are that dispute resolution can be carried out by the National Land Agency or through litigation, namely through the State Administrative Court (PTUN). An example of a land dispute resolution submitted through the PTUN is Decree Number: 3/G/2023/PTUN.YK. Land certificate disputes that occur can be resolved through the Administrative Court, guided by applicable regulations. The results obtained after analyzing the case that occurred, in the end the lawsuit that was filed could not be followed up due to administrative and/or legal defects.

From HR Practices to HR Performance: A Psychological Ownership Meta-Analysis Across Cultures

This study utilizes psychological ownership theory as theoretical framework to examine high-performance work practices, and attitudinal and behavioral performance as associations of psychological ownership on the population level. Psychological ownership describes a mindset which allows individuals to experience ownership feelings for a target (e.g., organization) regardless of legal ownership rights. Further, psychological ownership theory is integrated with and extended by contingency theory to analyze the moderation effects of societal culture. These effects have been assumed for over 30 years but hardly backed by empirical evidence from cross-cultural samples. Thus, this study analyzes data from 351,919 individuals who participated in 139 published and unpublished studies, using rigorous and advanced meta-analytic techniques. The results show that compensation and benefits, job and work design, and communication practices foster psychological ownership, which in turn enhances constructive deviant behavior, task performance, and favorable attitude while weakening unfavorable attitude. Societal culture significantly strengthens these relationships.

Research on the Relationship between Equity Incentive and Enterprise Performance Based on Propensity Score Matching

In corporate governance, the separation of ownership and management rights has always been a difficult problem for enterprises and academic circles. The introduction of equity incentive plan has alleviated the separation of the two rights to a certain extent. Ordinary OLS regression is difficult to overcome the influence of endogeneity. Therefore, the companies selected in this paper are Shanghai and Shenzhen A-share listed companies in China, and their financial data from 2010 to 2022 are selected for research, uses propensity score matching method to divide the samples into incentive group and control group, and conducts co-support test and balance test on the samples, so as to study the relationship between equity incentive and enterprise performance. Linear regression method is used to analyze the effect of government subsidies on firm performance. It is found that the implementation of equity incentive can improve the performance level of enterprises. Through the role of government subsidies, the influence of equity incentive on the performance level of enterprises will be enhanced.

Ownership Patterns of Land Rights from the Perspective of Customary Law Communities in Waropen Regency Papua Province

Ownership of land rights in the Waropen customary law community is very important because the land is a legacy of their ancestors which is used to meet their daily needs. The aim of this research is to find out more about land ownership rights from the perspective of the Waropen customary law community. The approach used is empirical, which looks directly at the reality that occurs among the Waropen traditional law community regarding ownership of land rights which are considered a legacy from their ancestors and are used to meet their daily needs. Data obtained from field observations, both primary and secondary, are then analyzed systematically so that the data can be accounted for. The results of this research reveal that the Waropen Indigenous people recognize 2 (two) types of land rights, namely ownership rights and use rights. Residents of the Waropen indigenous community can have property rights in the form of individual rights, family property rights which are the same as household property rights, and clan property rights or customary rights. Property rights in the Waropen language are called Mipena (Sanggei Village) or Risanau. Mipena or risanau in the traditional concept is originally a former garden. Former garden land refers to ownership of land or an area that is owned. Meanwhile, the right to use is the right to use or collect proceeds from land controlled by the state or land owned by another person, based on a mutual agreement between the land owner and the person who will use the land. In the Waropen indigenous community, this right of use can be differentiated into several groups of users of land rights, including the right to use for fellow Waropen people, this transfer is facilitated by the Government, the right to use for pastors, evangelists, teachers, health workers who come to dedicate themselves in the Waropen area and use rights are also given to traders from Bugis, Makassar, Java and Toraja as a place to carry out business activities.

Od „Animal Machines” (R. Harrison) poprzez „Drogę przez farmę przemysłową” (P. Singer) do „Animal Welfare” (G.L. Francione), czyli o właściwym odczytaniu pojęcia dobrostanu zwierząt

The paper touches upon fundamental questions connected with shaping the ethics of animal protection. It presents the historical process of evolution of attitudes towards animals, from reification to empowerment. For many centuries, animals were treated as things, an object of rights to which humans were entitled, including the right of ownership. In ethics there appear increasingly numerous discussions on the moral status, being a subject as well as human responsibilities towards other living creatures capable of feeling pain and suffering. The attitude of people towards other living species has significantly transformed over the recent 70 years. Since the 1960s, activists, writers and philosophers (e.g. R. Harrison, P. Singer, G.L. Francione) have begun to insist on the dignified treatment of animals. This trend also points to the connection between treating animals like objects and the global development of the animal industrial sector. This phenomenon is growing as the scale of industrialization of the animal industry intensifies. In light of this, the question arises about the proper understanding of the concept of animal welfare.

Konsolidasi Tanah terhadap Relokasi Korban Pasca Erupsi Gunung Semeru 2021 dalam Kerangka Kepastian Hukum Hak Atas Tanah

As the year 2021 came to a close, Mount Semeru, which is situated in the Malang and Lumajang districts, erupted, bringing with it hot clouds and lava avalanches that destroyed nearby homes and property, erasing the lines separating the land owned by the locals. Normative-empirical legal research was the research methodology utilised to complete this thesis. The socio-legal approach, the statute approach, and the conceptual approach are the three methods used in this study. All three methods use empirical data from observations and interviews with people to do research. The implementation of land consolidation for relocation following the Semeru eruption, legal certainty regarding land ownership rights for the residential relocation of Mount Semeru eruption victims in 2021, and the idea of land consolidation for the relocation of Semeru eruption victims are the main areas of concern in this research. The concept of land consolidation is in accordance with the regulations of the Minister of Agrarian Affairs and Spatial Planning/head of the national land agency of the Republic of Indonesia number 12 of 2019 regarding land consolidation. As a consequence of land consolidation, the findings of this study will guarantee that the land rights of those affected by the Mount Semeru eruption are legally guaranteed.

An Efficient Hybrid Algorithm to Enhance Cloud Data Security with Digital Watermarking Technique

Today, in the era of cloud computing, various types of digital content are being created and uploaded online and used digitally. Providing security, privacy, and originality and ownership rights of this digital content has become a challenging task. It is a good and effective way to completely save the content digitally. Various types of algorithms have traditionally been created to complete the process of watermarking, but these algorithms have some shortcomings and limitations. Keeping these in mind, an algorithm has been created which uses hybrid access based technology and works to increase security, privacy and originality. Under the presented research paper, an algorithm has been proposed with the help of which watermarking technology has been made to perform better and effective

Patriarchal politics and women representation in governance in Nigeria, 1999-2023

In some parts of Africa, discriminatory laws and policies restrict women's access to certain occupations and limit their property ownership rights. This limits women's political and economic participation, decreases their income-earning potential, and perpetuates gender inequality, hindering economic growth and poverty reduction. Nigeria as a post-colonial state adopted a democratic system based on non-gender discrimination in political participation, which was modelled after the British parliamentary democratic system. However, in Nigeria, the colonial legacy of marginalization of women in politics was intensified at independence in 1960 based on the patriarchal traditional norms of colonial Nigerian society of male dominance. This inequality is particularly problematic, as it contributes to a cycle of poverty and discrimination that disproportionately affects women and their economic status and well-being. Therefore, this paper intends to unravel how gender disproportionate representation in power structures leads to the marginalization of women in governance in Nigeria. The paper was anchored on structural-functional theory as its theoretical framework of analysis. The paper depended on the documentary method of data generation, using secondary sources. Content analysis was employed for the analysis of data generated from documents. This study found that gender disproportionate representation in power structures skewed in favour of the male gender accounted for the marginalization of women in governance in Nigeria. The recommendation here is that a system of gender quotas should be statutorily instituted for public service appointments, leading to a just and equitable society for all in Nigeria.