Exclusive Rights Research Articles

Penegakan Hukum Hak Cipta Terhadap Download Film Pada Situs Ilegal

Introduction: Copyright is the exclusive right of the creator that arises automatically based on declarative principles after a work is realized in a tangible form, without reducing restrictions in accordance with the provisions of laws and regulations. Copyright has been protected by Law Number 28 of 2014. But in reality, there are still many copyright violations such as downloading movies on sites on illegal sites.Purposes of the Research: This study aims to determine Copyright Law Enforcement Against Downloading Films on Illegal Sites. Methods of the Research: The type of research used in this thesis is the type of empirical research. The data collection method used is the method of observation, interviews and literature then the data obtained were analyzed descriptively qualitatively so as to reveal the expected results and conclusions on the problem.Results of the Research: The results of the study show that the enforcement of copyright law on downloading films on illegal sites has not been carried out in accordance with applicable law. This is based on the fact that copyright law enforcement is influenced by several factors, namely legal factors, law enforcement, infrastructure, society and culture. Legal factors, in this case the Law, have contained regulations related to copyright, but law enforcement factors have not been effective in carrying out their duties. In addition, the infrastructure factor in this case is related to the lack of support for communication facilities which is an obstacle related to reporting copyright infringement. Then the community factor and cultural factor, in this case the community still commits violations related to film copyright.

Formation of economic and legal measures for the development of the market of intellectual property objects

The problems of intellectual property market development have been investigated. It is proved that without the successful functioning of this market it is impossible to ensure the innovative development of the country. The characteristics of the intellectual property market, as well as the factors restraining its development, have been determined. The most important of them are significant volumes of outflow of Ukrainian scientists to foreign countries, low quality of Ukrainian patents, high level of counterfeiting and piracy, corruption pressure on the development and use of intellectual property, insufficient level of material support, etc. Therefore, the purpose of this study is to develop measures to strengthen the factors that contribute to the development of the intellectual property market and reduce the negative impact of factors on the Ukrainian technological market. To achieve the goal, it is proposed to introduce organizational and legal measures to improve the working conditions of employees of the main scientific institution of the country, the National Academy of Sciences (NAS) of Ukraine, the institutes of which produce most intellectual developments, as well as to form special financial and material mechanisms to support innovation at the expense of budget funds. Using the example of reforming the institutes of NAS, according to the proposed measures, proposals have been formed to preserve scientific personnel, intensify the cooperation of scientific institutions with business, built on the interest of all parties in the field of technology commercialization. Counteraction to counterfeiting is proposed to be carried out taking into account a more accurate calculation of the commercial risks to which business entities are exposed in the manufacture and use of innovations. It is recommended to strengthen the level of legal protection of exclusive rights. Legislative initiatives on the development of the intellectual property market have been formed, which relate to changes in patent legislation regarding utility models and bringing it to EU conditions

IJODKOR MUALLIFNING ISH BERUVCHI YOKI BUYURTMACHI BILAN OʻZARO MUNOSABATLARIDA MUALLIFLIK HUQUQLARI USTUVORLIGINI HUQUQIY TAʼMINLASH MASALALARI

This scientific article analyzes the essence of freedom, creativity and dynamics in the civil circulation of the rights of the author-creator. The author argues that there is a significant need to enrich the freedom of creativity as an integral part of human rights and freedoms in the process of constitutional reforms. When realizing the freedom of creativity, works of science, literature, art, objects of patent rights are always created objects of intellectual property. If there are signs of the legal protection of the ability of these objects, the author of the creator has advantages, a priority for acquiring exclusive rights. Such an advantage can be realized even in the case when the intellectual property object is created on the basis of an employment contract concluded with the author and employers or on the basis of a civil contract concluded between the customer and the author. The author analyzes the features of the manifestation of the priority of the author’s rights in law enforcement and judicial practice.

An Interpretation of Articles 18-23 of Directive (EU) 2019/790: Open Issues in Contractual Copyright and Related Rights Law

Abstract Although creators have always been placed at the centre of the copyright system, they generally face difficulties in being fairly remunerated for their work. Articles 18-23 Directive (EU) 2019/790 require Member States to establish a series of protective measures in favour of authors and performers who license or transfer the exclusive economic rights to their works or performances to third parties for the purpose of exploitation. These measures constitute an absolute novelty at the European Union level and at the level of most Member States, and present a potential which must not be wasted. However, these provisions are in many ways complex and ambiguous, so that their effectiveness could be undermined in various ways. This article focuses on some still open issues concerning Arts. 18-23 Directive (EU) 2019/790 and attempts to provide the most appropriate interpretation in order to achieve the intended goals. In doing so, particular attention is paid to previous fragmented national and European experiences in the field of contractual copyright and related rights law.

Main trends in development and law regulation of electronic health in the European Union

The relevance of this research work lies in the fact that at present the EU policy standards are aimed at creating an ecosystem of digital (electronic) healthcare (eHealth). Digital medicine resources can radically transform healthcare, providing effective medical care, and improving diagnostics/treatment/rehabilitation methods. The aim of this article is to identify the main trends in the development and regulation of eHealth in the EU. Methods: A comprehensive review of trends and an analysis of key areas of digital health development in the EU based on the application of comparative law studies. The practical significance of the article is to identify some existing specific difficulties in the EU digital health infrastructure: those in their policy, those in accordance with regulatory requirements, in cybersecurity and exclusive rights to medical (personal) data, in the compatibility of national digital health platforms across Europe, in the principles of medical information handling, in digital therapy etc. Conclusions: Digital health in the EU is an area with an increased activity. In the EU, a common digital market is emerging, including digital health services within digital health, facilitated by the regulation and standardization of electronic prescriptions, patient data protection, digital identity and information security. The European digital health infrastructure, along with its achievements, is experiencing some difficulties, obsolete health regulations among them. At the same time, new approaches are now required to focus on digital tools and resources in order to provide full intelligent automation.

PATENT CANCELLATION AS AN EFFORT TO PROTECT PATENTS REGISTERED IN INTELLECTUAL PROPERTY RIGHTS

Patents give the owner exclusive rights in an effort to prevent or stop other parties from making, using, offering for sale, selling or importing a product or a process, based on a patented invention, without the permission of the patent owner. Patents are a "powerful business tool" for companies to gain exclusivity rights to new products or processes, establish strong market positions and generate additional revenue through licensing. A product that is complex (such as a camera, mobile phone, or a car) combines a number of inventions which include several patents, which may be owned by different patent holders, but these patents can be canceled by several things, one of which is if there is no the novelty value of the idea that was initiated.

Legal Certainty to Protect Sport Industry Company Related to Technological Doping Among Athletes in Athletics

This study aims to analyze the legal problems of the phenomenon of technological doping in athletic sports, legal certainty for the protection of sports industry companies related to the phenomenon of technological doping among athletes in athletic sports, and the impact of world athletics policies on patent enforcement. The author uses normative legal research methods with a statutory approach and a conceptual approach that is analyzed qualitatively with descriptive methods sourced from primary, secondary, and tertiary legal materials. The results of the study indicate that the legal problem of the phenomenon of technological doping in athletic sports is that there is no legal certainty regarding the characteristics of the elements of the use of sports equipment technology which is considered to provide unfair advantages for athletes in competition. So that regulations are needed that can explain how technology is considered to be able to provide unfair advantages in competition. Legal certainty for the protection of sports industry companies related to the phenomenon of technological doping among athletes in the field of athletics is through the examination of sports equipment by independent experts, the availability of products in general sales, the suitability of shoe soles based on a predetermined thickness, and sanctions against athletes and delegation members. However, the policies in World Athletics may result in the reduction of exclusive rights owned by inventors to products that have obtained patents. So that to obtain maximum benefits in patent registration for athletic sports products, it is necessary to consider several things including the originality of the invention against other products, the potential harm caused, and consideration of the time between patent filing and sales to the open market.

Community-based natural resource management: an effective tool to reduce poverty and inequality?

ABSTRACT With exclusive property rights, community-based natural resource management (CBNRM) may provide economies of scale and scope in a joint production system. This paper examines the impact of CBNRM on poverty and inequality, using household-level panel data from Bangladesh. Results from the propensity score matching method and the random effect models reveal that project participants' employment increased by 60 person-days, and their fish income increased by 37.4%. We find a positive significant effect of the project in reducing both the incidence and depth of poverty and income inequality. The findings suggest CBNRM is an effective tool to achieve sustainable development goals.

Implementation of the Principle of Dualism in Intellectual Property Law on the Example of the Copyright Contract

The relevance of the conducted research is due to the presence of a number of factual contradictions between the position of the courts in considering the issues of exclusive rights to works created during the execution under the contract of copyright with the rules of law contained in the civil legislation of the Russian Federation. The proposed issues are examined from the point of view of copyright and civil law, legal acts of foreign countries, judicial practice of the Russian Federation and foreign courts. The analysis of examples from judicial practice is given as a substantiation of legislative consolidation of the principle. This article reveals the author's view of the principle of duality of intellectual property law as an independent principle of a sub-branch of civil law and its implementation in the contract of copyright. Principles of law are defined by the author as its guiding principles that define the rules of law in the system of legal regulation, its content and direction. The purpose of the study is determined by the title and content of the work: the essential characteristics of the principle of duality of intellectual property rights, including the implementation of contractual relations in the performance of the author's order are considered. The totality of general scientific, special legal methods of knowledge is used: thanks to the analysis and synthesis the approaches to the proposed topic are generalized and conclusions are made. The principle of duality of intellectual property is considered as a fundamental idea of law, neglecting the account of which entails a violation of rights and freedoms and has legal consequences. Recommendations on the legislative consolidation of the mandatory written form of the copyright contract and the contract of alienation of exclusive rights in its continuation are given.

O definiție funcțională a software-ului în relația sa cu drepturile exclusive

Within the greater map of the legal mechanisms related to software Intellectual Property Law and its protection systems1 certainly play a core part. This article only grasps the interaction between two of the Intellectual Property protection systems granting a direct form of protection by employing exclusive rights over software: copyright and patent law. The choice between one of these two regimes has been historically challenged. As software is a complex concept gathering heterogeneous elements – the dynamics of copyright and patent law related to software are molded by their specific subject matter – hence, defining software becomes a core step in the assessment of its protection mechanisms.

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

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

A Digital Ruble as a Central Bank Obligation

The paper is devoted to the issues of monetary emission in general and the emission of digital money in particular. The author examines various approaches to the currency issuance and their security. The author enters into a discussion with supporters of the return of the gold-backing of the monetary issue and supports the position concerning the natural loss for gold of such a designation. The exclusive right of the state represented by the Central Bank to issue money, including the digital ruble, is defended as a manifestation of monetary (currency) sovereignty. It is proved that the appearance of the Central Bank’s digital currency (the digital ruble) does not change the nature and essence of money. The author disagrees with the proposal to transfer the emission function to another public authority and claims it to be as completely groundless. The nature of the Central Bank’s emission obligation is defined as public law nature, since the Central Bank’s obligation does not lie in the plane of private law relations, but in the public law sphere and its content is to ensure the stability of the ruble, which means ensuring the overall financial stability of the state.

Juridical Review of Criminal Sanctions Against Perpetrators of Intellectual Property Rights Violations

Copyright is the exclusive right of the Creator or Copyright Holder to regulate the use of the results of casting specific ideas or information. Copyright applies to various types of works of art or copyrighted works. With the existence of Law Number 28 of 2014 concerning Copyright, it is hoped that it will facilitate proof in copyright disputes, especially in works of art, as well as the originality of ideas, content, and digital products.

Historical Rights of States to Maritime Water Areas and the Legal Status of the Sea of Okhotsk

INTRODUCTION.Based on the study of the international law, doctrine and practice of states, the article analyzes the content of the institution of the historical rights of the state to the sea areas, its correlation with the provisions of the 1982 UN Convention on the Law of the Sea, as well as the legal status of the Sea of Okhotsk and the possibility of its adjustment in in the context of a possible statement by Russia that it has historical rights to its water area. MATERIALS AND METHODS.The issues raised in the article are structurally divided into three main groups. The first one is related to the study of the rea­sons for the emergence of the institution of historical rights of states to maritime areas in the international law of the sea, as well as its correlation with the legal mechanisms for the delimitation and use of maritime spaces defined by the 1982 UN Convention. The second is devoted to studying the structure of this institution and definition of the concept and content within its framework of such key notions and categories as “historical bays”, “historical waters”, “historical legal foundations”, “historical title of the state” and some others. The third group is directly connected with the definition of the fundamental possibility and potential scope of the extension of the Russian Federation historical rights to the waters of the Sea of Okhotsk. RESEARCH RESULTS.When writing the work, the authors proceeded from the fact that despite the limited potential of Russia's possible actions to defend its his­torical title to the Sea of Okhotsk, they can not be considered unpromising in the foreseeable historical per­spective. At the same time it should be borne in mind that the way to achieve success in solving this problem should not lie in declaring its water area an inland sea or historical waters of Russia, but in legitimizing by our state a number of its exclusive historical rights in this maritime area based on Russia's vital interests. DISCUSSION AND CONCLUSIONS.The content of the institution of the historical rights of states to maritime spaces, as well as the new political reality, give the Government and the State Duma of the Russian Federation all the necessary grounds for raising the question of a partial change in Russia's position on the legal status of the Sea of Okhotsk and the development of a new strategy for upholding Russia's historical rights to its water area, as through the adoption of unilateral internal legal acts, and through the implementation of a consistent policy to disseminate and uphold this point of view in international relations within the framework of negotiations with foreign states and the activities of relevant international bodies and organizations.

‘FLLA11019‐8’: A new dual‐purpose facultative oat cultivar for grain and forage production in the southern United States

Abstract‘FLLA11019‐8’ (Reg. no. CV‐386, PI 700040) is new facultative oat (Avena sativa L.) cultivar for the southern United States for forage, grain, cover, and wildlife food crop uses. It was co‐developed by the University of Florida and Louisiana State University Agricultural Center and was released in 2020 under the SunGrains, a cooperative small grain breeding program among seven Southern Universities. This line was derived from a single cross between two advanced breeding lines, FL0564‐Ab13 and LA06071SBSB‐S1. Exclusive marketing rights were granted to Ragan & Massey, Inc., and the line is currently commercializing under the names of RAM Forage Oats and PlotSpike Forage Oats. The University of Florida is the lead institution in this release. FLLA11019‐8 (originally named FLLA11‐19S‐8) was developed using the selected bulk breeding method and was selected as an F5:6 head row. The line was evaluated in observation, preliminary, advanced, regional, and state grain and forage yield trials from 2016 to 2021. FLLA11019‐8 was released based on the merits of its broad adaptation, excellent grain yield, volume weight, forage potential, and winter survival. It is resistant to crown rust and stem rust and moderately resistant to Barley yellow dwarf virus. It is a mid‐maturing and mid‐tall height variety. FLLA11019‐8 has semi‐prostrate plant type with vigorous early‐season growth and high tillering capacity. It has performed very well in both grain and forage trials and is broadly adapted to the southern and southeastern United States.

Development of Legislation in the Field of Intellectual Property in Modern Conditions

Russia is a subject of international intellectual property rights protection. It is a territory of exclusive rights to the results of intellectual activity established by international treaties and federal laws are valid. However after beginning of a special military operation and sanctions pressure, the question about correction of the Russian system of intellectual property rights protection in relation to unfriendly countries has become more relevant. Сonsolidation of national security and increasing the country’s technological independence are not always compatible with the principles of protecting the rights of foreign copyright holders that remain in Russian legislation. The state protects domestic producers from foreign copyright holders, and legalizes parallel import. But these mechanisms do not work in full force due to the fact that Russian courts actually continue to protect the right of unfriendly countries to intellectual property in equal volume with Russian copyright holders. This article proposes to consider some measures to protect the rights and interests of the Russian Federation, its citizens and entrepreneurs, including the revision of Russia’s international obligations in the field of intellectual property and the formation of new law enforcement and judicial practice. Also the process of sovereignization of the Russian model of intellectual property rights protection we can see the development of modern technologies with affects of creating the results of intellectual activity and the methods of legal protection of its results. Thus, the achievement of the goals of state policy in the field of intellectual property is also possible by introducing new digital technologies into the state regulation of intellectual property at the federal and regional levels.

Exclusive Right to Trade Secret (Know-How): Essence, Boundaries, Protection

The author considers the essence and features of trade secrets (know-how); functions and content of exclusive rights to them. A theoretical construction of the boundaries of exclusive rights to know-how is proposed. Special attention is paid to the protection of violated exclusive rights to trade secrets. The author outlines the conditions under which the court may refuse to impose a permanent injunction against the defendant’s use of a trade secret, explores different approaches and methods to calculation damages of right holder. Keywords: trade secret; exclusive right; limits of exclusive right; exhaustion of right; substantial part doctrine; damages; protection of right.

On the Implementation of the Principle of Dualism of Intellectual Law in Co-authorship

The relevance of the conducted research is conditioned by the absence of legislative stipulation of the procedure and criteria of evaluation of the creative contribution of co-authors in the single result of their creative activity, as well as by the inconsistency of some cited court arguments, including the impossibility to create a photograph by several authors. In fact, the legislative definition of the notion of co-authorship, given in art. 1258 of the Civil Code of Russian Federation, is not substantial and functional: it lacks the essential and distinctive features and does not reflect the essence of this phenomenon, which makes it difficult to determine the contribution of each author and to evaluate it. In this paper we explore the notion of co-authorship, both in terms of its semantic meaning and in terms of the creative process. Co-authorship is examined using the example of the creation of a photograph as an object of copyright. In fact, the subject of the study is the relationship of established co-creation in photography and exclusive rights to it. The methods of analysis, inductive and comparison with the legislation of foreign countries were used. The main attention is paid to the analysis of judicial practice in the settlement of disputes on the violation of exclusive rights to photographic images, judicial explanation concerning the co-authorship and other similar in nature relationships arising in the process of creating an intellectual creative product (photography). Conclusions are drawn on the relationship between court-established infringement of exclusive rights and the recognition of copyright, legal dualism as the relationship between exclusive and copyright in the court's recognition of co-authorship or lack thereof.

ПРОБЛЕМЫ ОБРАЩЕНИЯ ВЗЫСКАНИЯ НА ЗАЛОЖЕННЫЕ ИСКЛЮЧИТЕЛЬНЫЕ ПРАВА ДОЛЖНИКА ПРИ ПРОЦЕДУРЕ БАНКРОТСТВА В РА И РФ

The article studies the mechanism of foreclosure on such an intangible asset of the debtor as objects of exclusive rights. The features of the realization of the rights to exclusive rights in the bankruptcy of the debtor, the procedure for foreclosure, ways to include such a right in the bankruptcy estate are considered. The article also discusses the problems of valuation of such property

SUCCESSION IN PATENT LAW: GENERAL PROVISIONS AND REGULATION

The article highlights topical issues of succession of exclusive rights to IP objects (inventions, utility models, industrial designs). The authors analyzed the current legal regulations, described general provisions on the exclusive rights succession and defined practical problems arising in regard with the inclusion of IP objects in the succession. As a result of the study, the authors came to the conclusion that the current legislation and by-laws regulating succession are subject to revision, taking into account the special legal status of IP objects.