Regulation Of Intellectual Property Rights Research Articles

The role of the state in the development of science and innovation

The article deals with questions about the role and importance of the state in the development of science and innovation. Particular attention is paid to the issues of intellectual property, legislative difficulties in the regulation of intellectual property rights are identified. The author recognizes the special role of the state in supporting socially significant areas such as science, production, and innovative achievements. The article formulates modern trends in the development of science in the Russian Federation, assesses the structural changes taking place in this area, and proves that the development of the state in modern conditions is associated with a qualitative revision of the content of policy, including the legal policy of the state in relation to science and innovation processes

Protection of intellectual property rights in the field of biotechnology

Keywords: intellectual property rights, biotechnologies, patenting, legal protection,legislation
 Current trends of globalization and the process of European integrationof Ukraine necessitate the creation of an effective mechanism of legal regulationof intellectual property rights in the field of biotechnology, due to the constitutionalprovisions according to which human life and health are the highest value inthe state. The purpose of the study was to determine the legal regulation of protection
 of intellectual property rights in the field of biotechnology. Empirical and theoreticalmethods of scientific cognition are used for comprehensive consideration of the topicof the article. It has been found that modern biotechnological advances require inventorsnot only to secure monopoly rights to use them, but also to comply with the moraland ethical criteria for the perception of inventions created by genetic engineeringand living matter. It is determined that the legal system of intellectual property protectionin the field of biotechnology is based on the provisions of the Constitution ofUkraine, the Civil Code of Ukraine, regulations in the field of health and agriculture,international treaties and special legislation in the field of intellectual property. It isestablished that the system of legal protection of biotechnological inventions consistsof the acquisition of intellectual property rights to these inventions (establishment ofthe object of patenting and compliance with patentability, state registration of inventions)and the use and disposal of intellectual property rights to such inventions. Alegislative support of legal protection of biotechnological inventions is seen in furtherempirical research and theoretical and methodological substantiation in order to determinethe legal mechanisms of their practical implementation.

DIGITAL TRANSFORMATION OF THE STATE’S FOREIGN TRADE POLICY

Background. The impact of digital transformations on financial, invest­ment and trade flows requires the introduction of appropriate incentives and the reduction of restrictive practices. The lack of coordination between national governments and international organizations in establishing mechanisms and instruments increases the risk of instability zones. Modern regulatory instruments applied by countries may be twofold, owing to the nature of digital technologies. In sum, the issue of improving foreign trade policy is actual and requires further research and practical consideration. The aim of the articleis to develop theoretical, methodological and practical approaches to the regulation of the foreign trade policy digital transformation process. Materials and methods. Database of statistical and analytical materials of international organizations (Organization for Economic Cooperation and Development, World Economic Forum), national statistical offices, centres of expertise and in-house research were used. The study used economic analysis, comparison, grouping and systematization methods. Results. The article examines the theoretical, methodological and practical approaches to regulating the process of digital transformation of foreign trade policy. It is determined that the main directions of regulatory practices are the rules for data transfer, consolidation and regulation of intellectual property rights, data protection of consumers of information services, ethics of digital products. The classification of tools of digital transformation of foreign trade policy is formed. Conclusion. The growing share of digital goods and services in inter­national trade has intensified the complex aspects of global cooperation among countries to develop the digital economy and to regulate joint activities in the creation of physical and virtual mobility rules. For Ukraine, it is important to accelerate the pace of implementation of planned measures and to strengthen the development and introduction of stimulating tools for the development of the destiny of the digital sector in the economy.

Breeding achievement in animal breeding as an object of intellectual property law and international experience of its protection

Intellectual property rights are prescribed in the Universal Declaration of Human Rights. A patent for an animal breed is the exclusive right of the inventor to its breeding achievement, it is a legal monopoly ensured by the state, and patent protection makes it impossible to use it commercially without the consent of its owner. The modern-day challenges are directly related to ensuring food security. The practical application of breeding achievements in animal husbandry lies in the genetic improvement of animals in the “economic aspect”, which directly affects the level of investment and remuneration for breeders, and from this the need for effective legal protection of intellectual property rights increases. In this regard, the purpose of this paper was to investigate the legal regulation of intellectual property rights for breeding achievements in animal husbandry, proposals for its improvement through the study of international practices. During this study, philosophical, general scientific and special legal methods of scientific cognition were used, which were chosen considering the purpose and objectives of this study. Based on the analysis of regulations governing the procedure for obtaining legal protection of breeding achievements in animal husbandry, the paper examines problematic positions and suggests ways to eliminate conflicts in the legal regulation of these issues. The international practices regarding the execution of law enforcement documents for breeders and the possibility of protecting their rights was also analysed. The materials of this paper are of practical value for further investments, improvements, and identification of new issues in research of breeding achievements in animal husbandry.

PROBLEMS OF POLICY REGULATION ON ROBOTICS

The article discusses the main problems in the field of legal regulation of the functioning of the robots, definition of “robot”, as well as the understanding, interpretation, and evaluation of the civil liability for the robot’s actions are viewed in the paper. The article analyses the possibility of endowing robots with legal personality, as well as various approaches to liability for damage caused by a robot to property or to a person. The question is raised about bringing the robot to criminal and civil liability. The question is raised about the regulation of intellectual property rights to an object created by a robot. If a robot creates music, a picture or text, who owns the rights to them: the robot developer or the head of the creative process, whether the robot itself. The article analyses a feature that is very important for the legal perspective of the problem – it is a turn from understanding a robot as an entertainment product to the direction of development and research of social interaction between a robot and a human. The question is raised about the need to adopt new legal norms aimed at regulating the legal status of a robot, liability for damage caused by it, as well as legal problems of intellectual property associated with the functioning of robots. The analysis of the legal frameworks regarding robots in different countries of the world is performed. The article introduces the need to develop appropriate legislative support in the field of robotics: interpreting the term “robot”, determining the legal regime of its functioning, developing a unified approach to liability for harm caused by a robot and developing uniform rules for protecting intel-lectual property rights when using a robot. Legal regulation is necessary not only at the national level, but also globally.

On the issue of codification of legislation in the field of intellectual property

Keywords: intellectual property right, codification, legislation, The Civil Code ofUkraine
 This scientific article examines the issue of the need to create aspecial code of intellectual property in Ukraine. For a full-fledged and objective study,an analysis was made of the history of Ukrainian legislation in the field of intellectualproperty, foreign models of legal regulation of intellectual property rights, especiallyEuropean legal experience, were also investigated. The author supports the positionregarding the creation in Ukraine of the Intellectual Property Code, the analogueof which exists in Italy and France. Based on the study of Ukrainian and foreign legalsystems, the author defines the main criteria for creating an intellectual propertycode: Legal and organizational criteria are defined. The author points out the need toimplement the European legislative practice, the jurisprudence of the EuropeanCourt of Human Rights and the Court of Justice of the European Union on judicialcases in the field of intellectual property into the code. This vector of implementationwill have a positive meaning for the adaptation of the Ukrainian legislative system toEuropean democratic standards in the field of legal regulation, legal protection of intellectualproperty rights. The author pays special attention to the need to harmonizethe intellectual property code with the Civil Code of Ukraine and procedural legislationin order to level the negative legal consequences in legal practice in the field ofintellectual property; also in the IP Code shall contain the following provision or requirements,which contained universal definitions of legal concepts in the field of intellectualproperty. Based on the conducted scientific analysis, the author points outthe need for the existence of the Ukrainian code of intellectual property and speciallaws in the field of intellectual property. It follows from this that there is a need forlegal regulation of individual legal relations (objects of law) in the field of intellectualproperty law. The author points out that such a legal system corresponds to the modelof legal regulation of the field of intellectual property that exists in the EuropeanUnion.

Objects of intellectual property rights created by artificial intelligence: international legal regulation

In modern conditions of development of public relations, the creation of objects of intellectual property rights by artificial intelligence is becoming more widespread. With this in mind, it is important to analyze the international legal experience of regulating the use of artificial intelligence as the author of intellectual property, to further borrow it for domestic laws, as well as to pay attention to problematic aspects of such regulation and make proposals to resolve inconsistencies. The study clarifies the international legal regulation of intellectual property rights created by artificial intelligence, as well as analyses the problematic issues of regulation of artificial intelligence by international law and the features of such regulation in Ukraine and presents positions on the development of artificial intelligence systems and prospects, as well as the prospects for its impact on world society.

Knelpunte by regsbeskerming van inheemse spirituele kennis, openbaredomein-gebaseerde inligting en die implementering van die bestaande normkomplekse ter regulering van intellektueelgoedereregte in die Suid-Afrikaanse reg

In 'n vorige artikel is daarop gewys dat die voorgenome beskerming van inheemse kennis ingevolge Suid-Afrikaanse wetgewing 'n groot impak op openbaredomein-gebaseerde kennis sal hê. In daaropvolgende navorsing is aangetoon dat die effek van die addisionele sui generis-beskerming van inheemse kennis 'n onoorsigtelike spektrum van openbaredomein-gebaseerde kennis affekteer en dat inheemse groeppersone eiendomsregte staan te verwerf, wat 'n groot spektrum van openbaredomein-gebaseerde kennis privatiseer. Ten einde die effek van die inwerkingtreding van die betrokke wetgewing op die beskerming van spirituele kennis van inheemse gemeenskappe te bepaal, moet op die verband tussen inheemsekennisbeskerming en ubuntu-georiënteerde spirituele kennis gewys word, asook die effek daarvan op inheemsekennisbeskerming as 'n kategorie van die beskerming van kulturele kennis. Hoewel die verband wat ubuntu-spiritualiteit met inheemse kennis handhaaf, nie spesifiek in die betrokke wetgewing aangedui word nie, is dit implisiet ingesluit by die omvattende omskrywing van inheemse kennis in die IK-Wet, 2019. Die Wet definieer "inheemse kennis" as kennis wat binne 'n inheemse gemeenskap ontwikkel is, welke kennis in die kulturele of sosiale identiteit van sodanige gemeenskap opgeneem is, en sluit die volgende in: (a) kennis van funksionele aard; (b) kennis van natuurlike hulpbronne; en (c) inheemse kultuuruitdrukkings (artikel 1). "Kulturele en sosiale identiteit" word vervolgens beskryf as die spesifieke onderskeidende identiteit of eienskappe ("characteristics") van 'n bepaalde groep, of van 'n individu vir sover sodanige individu deur sy/haar lidmaatskap van 'n bepaalde groep of kultuur beïnvloed is (artikel 1). Ingevolge die vereistes ter beskerming van inheemse kennis ingevolge artikel 11, word spirituele kennis wat met ubuntu geassosieer word, by inheemse kennis ingesluit, synde (a) kennis wat binne inheemse gemeenskappe van geslag tot geslag oorgedra is; (b) binne inheemse gemeenskappe ontwikkel is; en (c) met die kulturele en sosiale identiteit van sodanige inheemse gemeenskappe geïdentifiseer word (artikel 11). Teen dié agtergrond word twee vrae in hierdie artikel vir bespreking uitgesonder: (a) Wat is die implikasies van die insluiting van ubuntu-gebaseerde spiritualiteit by die intellektuele goedere wat in die nuwe wetgewing ter beskerming van inheemse kennis uitgesonder word?, en (b) in welke mate is dié inheemseregbeskerming belyn met die bestaande normkomplekse ter regulering van intellek-tuele goederegte?

POLITIK HUKUM PELINDUNGAN HAK KEKAYAAN INTELEKTUAL DI INDONESIA PASCA DI RATIFIKASINYA TRIPS AGREEMENT

<p><em>Intellectual property rights actually not a new thing in Indonesia, since the Dutch East Indies Government, Indonesia has a law on Intellectual Property Rights. The regulation of Intellectual Property Right enactment of the laws of the Dutch East Indies government , imposed in Indonesia as a Dutch colony based on the concordance principle. At that time regulation of Intellectual Property Rights in Indonesia had just received three sector; Copyright, Trademarks, and Patents. Expansion of the regulation of Intellectual Property Rights in Indonesia has only been carried out after the ratification of the TRIPS Agreement. In this study the author will analyze the legal politics of protecting intellectual property rights before the ratification of the TRIPS Agreement. And what is the legal policy of the protection of intellectual property rights after the ratification of the TRIPS Agreement. This legal research is normative legal research. The results showed that with the emergence of a new law replacing the old colonial-made law, the understanding and scope of intellectual property rights protection in Indonesia became wider. The amendment to the Intellectual Property Rights Act in Indonesia cannot be separated from the ratification of the TRIPS Agreement and Indonesia's involvement in world trade.</em></p><p><strong><em>Keywords: </em></strong></p><p><strong><em></em></strong><em><em>Legal Politics, Legal Protection, Intellectual Property Rights, TRIPS Agreement</em></em></p>

TINJAUAN YURIDIS PENGGUNAAN MEREK SECARA TANPA HAK MENURUT UNDANG-UNDANG NOMOR 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS

Intellectual Property Rights (IPR) protection is a prerequisite for international sales arrangements, this also affects the regulation of IPR at the national level, Indonesia has ratified many international agreements on IPR and revised IPR laws in accordance with the times. History of Indonesian Trademarks Laws has been amended several times. Changes to the law are carried out to carry out legal order of famous brands and brands. The latest change to the trademark law is the issuance of Law Number 20 Year 2016 concerning Trademarks and Geographical Indications.The use of trademarks without rights is often done by business actors because it is related to the function of the brand as the identity of a product or service that has a reputation and is also related to the function of the brand as a guarantee of the quality of the goods. This is because in the brand inherent economic advantages, especially famous brands. Famous brands are often the object of violation because they are related to the reputation of the famous brand. The concept of Legal Protection of Trademark Rights and the Legal Consequences of the Use of Trademarks Without Rights According to Law Number 20 Year 2016 Regarding Trademarks and Geographical Indications is a problem in this study.Keywords: trademark, legal consequences, use of trademarks without rights.

THE ROLE OF CUSTOMS IN IPR: CASE OF OCCUPIED\\r\\nTERRITORIES OF UKRAINE\\r\\n

Ponte Academic JournalOct 2020, Volume 76, Issue 10 THE ROLE OF CUSTOMS IN IPR: CASE OF OCCUPIED TERRITORIES OF UKRAINEAuthor(s): Mahmud NuriyevJ. Ponte - Oct 2020 - Volume 76 - Issue 10 doi: 10.21506/j.ponte.2020.10.12 Abstract:The chosen research project mainly inspects the legal status and enforcement of the Intellectual Property Rights with the emerging role of the customs borders or checkpoints in the occupied territories of Ukraine. In the contemporary world, intellectual property rights are mostly considered being the important rights amongst the nation-states in terms of providing and preserving their rights and affiliation upon different goods, services, and items belonging or produced by them. Over the past 20 years, the phenomenon of intellectual property has been rapidly evolving and acted as the most important factor within the international system. The subject chosen for analysis mainly elaborates on the pivotal processes and tendencies over the legal enforcement of IPR in the example of occupied territories of separate countries aforementioned. The main problem of the research is the analysis of problems in the regulation of intellectual property rights of goods, products, and other entities illegally made in the occupied territories with the involvement of customs of other countries for the confiscation of these goods. The main purpose of the research is to examine the administrative and enforcement measures that can be carried out by the customs in the regulation and maintenance of intellectual property rights on illegal goods in the occupied territories of Ukraine. It is ostensibly that the geographical status or main indicators in terms of the enforcement of IPR play a crucial role in determining the boundaries between countries. Today, according to geographical indicators, intellectual property regulation in the occupied territories has become a major problem revealing itself in the case of Ukraine. The mentioned countries laws and regulations on intellectual property, its main contradictions and emerging problems regarding the enforcement of IPR in the country will deeply be scrutinized. Download full text:Check if you have access through your login credentials or your institution Username Password

Classical Liberalism and Self-Reference Approach In Dealing With Harmonisation ASEAN IPR Regulations

ASEAN Economic Community (AEC) regulates the Intellectual Property Rights (IPR) in its relation with their economic activities. It was stipulated in the ASEAN Framework Agreement on Intellectual Property Cooperation in 1995. As the ASEAN member states are also the member of World Trade Organization (WTO), the principles of AEC have to be in harmony with the WTO principles. This paper analyzes the compliance of ASEAN IPR laws with the principles of Trade Related to Intellectual Property Rights (TRIPs) of WTO. Second, this paper analyzes the enforcement of those regulations in the member states, finding out whether there is implementation in the region that is different with the international principles or not. It is a part of qualitative research that used secondary data to complete the explanative analysis. Classical liberalism and self-reference criterion becomes theoretical framework of analysis. Classical liberalism promotes laissez-faire economics and private property in the means of production. Meanwhile, self-reference criterion refers to an unconscious reference to one’s own culture, values, knowledge, and experience as a basis for decisions. The result reveals that the ASEAN IPR regulations have different specific and special nature with the TRIPs, affected by the characteristics of the nations.

Patents, Data Exclusivity, and the Development of New Drugs

Pharmaceutical firms typically enjoy market exclusivity for new drugs from concurrent protection of the underlying invention (through patents) and the clinical trials data submitted for market approval (through data exclusivity). Patent invalidation during drug development renders data exclusivity the sole source of protection and shifts the period of market exclusivity at the project level. Patent invalidation therefore constitutes a natural experiment that allows us to causally identify how the duration of market exclusivity affects firms' incentives to innovate. In instrumental variables regressions we quantify the effect of a one-year reduction in expected market exclusivity on the likelihood of drug commercialization. We provide first estimates of the responsiveness of R&D investments to market exclusivity expectations and hereby inform the ongoing policy debate on the regulation of intellectual property rights in the pharmaceutical industry.

Correspondence of the Current Russian Legislation to WTO Norms

The article is dedicated to the consideration of Russia’s accession to the WTO from the point of view of legislation. Being a member of this international organization required complex work on changing the existing laws and adopting new domestic legal acts. Activity regarding checking laws and secondary acts which were supposedly already in line with the WTO requirements was large-scale. The very fact that negotiations on accession of our state to the WTO lasted for 18 years is quite eloquent. One of the reasons for such a lengthy process was the necessity to introduce a large number of changes to the Russian legislation. The significance of this work cannot be overestimated. The aim of the article is to find the answer to the question of how much the current Russian legislation accords with normative provisions of the WTO. In attempts to find the answer, the author conducted a thorough and substantial research of domestic and international legal acts applied in this field, as well as judicial practice and doctrine. In the spotlight of the article are such issues as the structure of the WTO law, its legal status and correlation within itself and rules of the Russian law. Classification and the subject of Russian obligations undertaken as a result of accession to the WTO are equally important. The presented results reveal some discrepancies and indicate the way of future development of the Russian legislation so as to bring it into conformity with the WTO rules. In addition, they could help in ensuring proper protection during resolution of disputes by the WTO judicial bodies. An example of such a problematic sphere is regulation of intellectual property rights.

Development of provisions of harmonizing the principles of conflict-law regulation of intellectual property rights to objects of industrial property

Development of provisions of harmonizing the principles of conflict-law regulation of intellectual property rights to objects of industrial property

Intellectual Property and the Risks of Fragmentation

The article analyzes the regulation of intellectual property rights in current trade negotiations, particularly the protection of Geographical Indications (GIs) in Free Trade Agreements, within the context of the fragmentation of international economic law. The recognition of foreign GIs through Free Trade Agreements presents a set of conflicts between the protected GIs and other rights. Although Free Trade Agreements provide solutions to these conflicts within their texts, this situation may generate conflicts between GI protections and rights protected under other rules of international economic law. As a result, to the extent that there exist available remedies and dispute settlement mechanisms to claim breaches of those other rights, negotiating States are exposed to the risk of litigation in multiple jurisdictions brought by parties whose economic interests may be affected by the protection of foreign GIs. The existence of conflicts between rules from different areas of international economic law and the potential for contradictory decisions on the lawfulness of a State measure regarding foreign GIs are outcomes that deepen the fragmentation of international law and question the overall coherence of this regime.

The preliminary study regarding special regulation of intellectual property rights on information and communication law and relation between intellectual property law and information and communication law

The preliminary study regarding special regulation of intellectual property rights on information and communication law and relation between intellectual property law and information and communication law

The Borders of EU Competences with Regard to the International Regulation of Intellectual Property Rights: Constructing a Dam to Resist a River Bursting Its Banks

<p class="p1">In view of the recent negotiations on the highly anticipated Free Trade Agreements to which the EU shall be party (<em>e.g.</em> CETA and TTIP), assessing the extent to which the EU can regulate intellectual property rights in its external relations seems relevant. Two recent cases of the Court of Justice of the EU have reversed its landmark decision in Opinion 1/94, in which intellectual property regulation was almost entirely excluded from the EU’s exclusive competence in trade matters. Firstly, in the <em>Daiichi Sankyo</em> case, the Court elaborated upon the EU’s explicit external competence in the field of intellectual property. This explicit competence is provided for by Article 207 TFEU on the common commercial policy, which allows the EU to conclude agreements concerning the ‘commercial aspects of intellectual property’. In the <em>Broadcasting Rights</em> case, the Court founded its decision on the EU’s implied competence to conclude international agreements, as provided for by Article 3(2) TFEU. Considering the outcome of these two judgments, the Court seems to grant the EU a wide scope of action with regard to intellectual property rights. As a consequence, questions arise with regard to the post<span class="s2">-</span>Lisbon era role that is left for the Member States in the field of intellectual property. Therefore, the aim of this article is to outline the scope of the EU’s exclusivity in IP matters and to highlight the borders.

Intellectual property rights and innovation: A panel analysis

We investigate the relationship between intellectual property rights (IPR) and innovation, for a panel of 48 countries between 1998 and 2011. Prior empirical studies mainly focus on strength of patent regulations largely ignoring the enforcement of such laws in practice. We employ a new index that accounts for the enforcement related component of the patent system and the Ginarte and Park (1997) index of patent regulatory strength. We thus include two crucial elements of a national patent system, the de jure position relating to book law and IPR regulations, and the de facto position relating to IPR enforcement. We consider nonlinearities between IPR and innovation, and we find that both nonlinearities and the enforcement aspect are significant in explaining the relationship between innovation and IPR systems.

Loose coupling, conflict, and resistance: the case of IPR policy conflict in an Israeli university

This paper investigates a conflict that erupted during the years 2003–2005 between faculty and management at an Israeli research university, over the introduction of new intellectual property rights (IPR) regulations. The introduction of new IPR regulations triggered contention and resistance among faculty members and raised debates over questions of academic freedom, labor relations, and the mission of the university, as well as struggles over financial remunerations and overhead expenses. We draw on the analytical perspectives of loose coupling and framing within new institutional theory to explore the processes and outcomes of organizational conflicts within universities and the background and implications of changes in IPR regulations. Our study identifies a repertoire of coupling processes and framing strategies in the context of organizational conflict within a university, and discusses the specific significance of loose coupling in academic settings.