Infringement Of Intellectual Property Rights Research Articles

Legal Protection against Patent and Intellectual Property Rights Violations Amidst COVID-19

The concept of legal principles for intellectual property (IP) protection is related to the adequate marketing of drug patents to protect patent rights. The objective of this research is to understand and analyze the factors affecting the market concerning international law, treaties, acts, and declarations, leading to encouraging creativity, production, increased investment, especially amidst the COVID-19 pandemic. The qualitative methodology provided for an in-depth understanding and analysis of primary and secondary research data gathered from key informant interviews and published literature. The collected data were analyzed with Strength, Weakness, Opportunity, and Threats (SWOT), a Delphi panel, and Correct, Adapt, Maintain, and Explore (CAME) analysis. The results found legal problems concerning the lack of rules to protect the rights and freedoms damaged by the monopoly on drug patents, complexities in the process of importing medicinal compounds, and how to access information with limited accessibility during COVID-19. Therefore, it is advisable to amend the law to curtail monopolies and to enact a law that prescribes rules for importing medicinal compounds to produce generic drugs in the country, including identifying the status of the patent holders. The research further paves the way for utilizing micro level research to be conducted in the development of intellectual property rights. Doi: 10.28991/ESJ-2023-SPER-016 Full Text: PDF

The implementation of intellectual property rights to enhance music business in Zimbabwe: Challenges and prospects

In the Zimbabwe music industry, the issue of copyright law implementation has been problematic with intellectual property rights violations plaguing the society and resulting in musicians failing to fully benefit financially from their creations. This study is an attempt to find out how musicians are benefiting from their intellectual property that is being used by various businesses including broadcasters. We argue that the problem of piracy has become an Achilles tendon for many artists despite the presence of a copyright law enforcement regime in the country. This article examines the nature and consequences of the copyright law in the country, as well as the way in which ZIMURA is implementing it to advance the cause of popular musicians. The article illustrates how the challenges faced by ZIMURA serve to impoverish Zimbabwean musicians in unheralded ways that leave a good number of artists poor and famous. This qualitative study uses participant observation, document analysis and key informant interviews with purposively selected informants to elucidate the implementation of intellectual property rights in Zimbabwe’s music industry. The analysis is informed by the Sustainable Livelihoods Approach as well as Bourdieu’s concept of cultural capital. The findings show that in Zimbabwe music is taken as free property by most users who either sell pirated copies or access them for personal use without paying anything. From the study, it is clear that musicians are not getting a fair share of their intellectual property in the form of royalties. It is also notable that music that is appreciated more gets paid more royalties than music which is not popular with broadcasters and audiences.

Damages and legal costs under the Enforcement Directive in the light of rulings of the European Court of Justice

The possibility of compensation for damage caused by an infringement of intellectual property rights and of claiming the recovery of legal costs and other expenses incurred in connection with enforcing such rights is crucial for the effectiveness of their protection. Uniform rules in this respect have been introduced by Enforcement Directive. (Directive 2004/48/EC of the European Parliament and of the Council of 29.4.2004 on the enforcement of intellectual property rights [2004] OJ L157/45 (Directive 2004/48).) The purpose of this article is to analyse to what extent the case-law of the European Court of Justice to date has made it possible to give an unambiguous answer regarding the model of implementation of Directive 2004/48 which meets the requirements of proportionality and, at the same time, of the effectiveness of the protective measures envisaged for intellectual property rights.

THE ROLE OF INDONESIAN ONLINE MARKETPLACES IN INTELLECTUAL PROPERTY RIGHTS INFRINGEMENTS: A COMPARATIVE ANALYSIS

This research explores the forms of intellectual property rights violations and their causes, which are examined using the Indonesian intellectual property rights legal framework, to then generate an overview of the legal reconstruction needed to protect existing intellectual property in Indonesian online marketplaces. This research used normative legal research method with comparative approach by analyzing the existing Indonesian IP legal framework and compare it with other countries that are more advanced in IPR protections. This research puts a great emphasis on legal problems and the criminal elements of the Indonesian intellectual property rights legal framework to explain the position of online marketplaces and their responsibilities to also support the protection of IP and the growth of e-commerce overall. This research finds that Indonesia is facing normative issues in defining the role of online marketplace in many IP infringement cases. This finding is important in the support for continued legal development in Indonesia, to provide better protection of many forms of intellectual property rights in Indonesian online marketplaces.

Cracking down on the infringement and counterfeiting: Intellectual property rights and corporate innovation in China

This study examines the impact of infringement and counterfeiting on the performance of corporate innovation. We use a quasi-natural experiment to examine the effects of the Chinese government's crackdown on intellectual property rights infringement and counterfeiting. We find that after the implementation, patent counts and citations significantly increased for companies in industries with a high risk of intellectual property violations or imitation by competitors, especially for financially strong and risk-taking firms. The event leads to more R&D investment and firms also prioritize invention patents over utility patents.

Економічні аспекти посилення захисту прав інтелектуальної власності

The present stage of development of the world economy is characterized by a spread of innovation, a rapid development of global and national protection systems and, especially, the protection of intellectual property. The dynamism of interstate relations is accompanied by an increase of various violations of intellectual property rights, including counterfeiting, falsification, piracy, and plagiarism. The purpose of the study is to generalize the global trends in the violation of intellectual property rights, identify the main problems in the protection of intellectual property rights in Ukraine within the context of strengthening the fight against violation of copyright and industrial property rights by the world's leading countries. Violations of intellectual property rights, including patent theft, trademark counterfeiting, copyright piracy, and trade secret theft, cause considerable material and financial damage to the rights holders. The problem of counterfeiting is currently spreading on a global scale and occurs in the production, transshipment and in the sale of large quantities of counterfeit goods. Counterfeit goods, especially foodstuffs and pharmaceuticals, bear risks to the health and safety of consumers. Online sales have become the newest channel for trading fraudulent and counterfeited goods. The bulk of counterfeited produce originate from a small group of economies, among which China, Hong Kong (province of China), Turkey, Singapore and the United Arab Emirates are in the lead. Escalated violations of intellectual property rights lead to a stronger protection of intellectual property rights in the USA and EU countries, and the appearance of special reports based on the results of monitoring and supervision of violations in trading partner countries. In recent years, Ukraine has been included in the US Priority Watch List of countries that do not ensure a proper protection of intellectual property rights and are monitored by the Office of the US Trade Representative. Besides, this country is in the second category of the European Commission’s Counterfeit and Piracy Watch List, which includes countries with the most serious problems in intellectual property protection. The status of a candidate country for EU membership requires Ukraine to harmonize its national legislation with the EU legislation in the field of intellectual property protection.

Dispute resolution in the field of intellectual property law in Uzbekistan

This article discusses ongoing reforms in the field of intellectual property protection in Uzbekistan. In particular, the issues of administrative responsibility for violation of intellectual property rights, the process of judicial protection are covered. Opinions were also expressed on the procedure for resolving disputes in the field of intellectual property by administrative, civil and criminal courts. At the same time, based on the types of intellectual property objects (industrial property objects, means of individualization, copyright), the features of resolving conflict situations related to them are revealed. Based on the results of the article, the author concluded that it is necessary to specialize courts in resolving disputes in the field of intellectual property, expand the mechanisms of alternative ways of resolving disputes in the field of intellectual property, and improve the system of enforcement of judgments on intellectual property

The Politicization of Intellectual Property Rights in the Context of Karabakh

Until recently, intellectual property law has been kept away from the political realm, as it was merely linked to economic and legal factors. However, in light of recent geopolitical processes and politically charged conflicts, political science has taken dominance in terms of intellectual property (IP) development and proclivities. In contemporary international politics, it is critical to explain and perceive IP tendencies and systems from the perspectives of political science and political economy, to consider appropriate retorts to processes arising from IPR conflicts in the Karabakh region of Azerbaijan during the occupation. Azerbaijan had been confronted with limitations of its control over its territory due to the nearly three decades of the Karabakh conflict. In this regard, the article will answer questions related to the violation of intellectual property rights, the exploitation of goods and services, as well as the other IPR problems encountered by Azerbaijan during the occupation of Karabakh.

Гражданско-правовая ответственность информационного посредника за нарушение интеллектуальных прав

Гражданско-правовая ответственность информационного посредника за нарушение интеллектуальных прав

Video nadzor i veštačka inteligencija - uticaj na pravo na privatnost i prava intelektualne svojine

The protection of individual privacy is increasingly questioned in the context of today's high-tech video surveillance by using superior technologies, such as Artificial Intelligence (smart cameras and video surveillance systems, biometrics and facial recognition) which is capable of analyzing a huge amount of data, identifying links between that data and de-anonymizing them. Technology is synonymous with evolution. Yet, the advantages of using new technology are combined with great risks. The use of video cameras for surveillance raises important privacy issues. Biometric remote identification can only be performed under certain safeguards, in the context of a justified interest and with respect for the principle of proportionality. In recent years, facial recognition technology has become increasingly widespread, and highly controversial, as it is omnipresent (at airport check-in lines, police departments, pharmacies, etc.). While it may add a sense of security and comfort for businesses implementing it, such technology has been widely criticized by privacy advocates, especially for its built-in racial bias and potential for abusive use. "Real-time" biometric identification of individuals in public-accessible spaces for law enforcement purposes is seen as highly intrusive on the rights and freedoms of the individuals concerned, but it also evokes a sense of constant surveillance and indirectly discourages the exercise of freedom of assembly and other fundamental rights. Another important issue is the use of video surveillance in a context where it can cause problems in terms of intellectual property. The unauthorized use of recordings may affect confidential business operations. Trade secrets and confidential information are often an essential part of a company's intellectual property portfolio. Thus, companies have to take extra steps to ensure that images captured by cameras are stored securely and accessible only to authorized personnel. Cameras can capture images of artistic works, performances, exhibitions, and uncontrolled access can lead to infringement of copyright and related rights. As captured videos can be uploaded to platforms, such use of intellectual property can lead to copyright infringement, especially when the video entails the use of copyrighted material without the owner's permission, which constitutes an infringement of intellectual property rights.

Intellectual property statute in Private International Law

The article highlights the comparative analysis of the conflict-of-laws regulation of intellectual property rights in international, European and Russian law. It is concluded that lex loci protectionis as the main conflict-of laws rule in this area has an ambiguous interpretation, cannot be recognized as lex fori – the law of the country where the competent court is seated, but should be generally understood as the law of the country where the legal protection of the relevant intellectual property object is provided. In addition, in some cases it seems reasonable to apply lex loci originis, lex loci actus and lex loci delicti, as well as lex voluntatis and lex loci solutionis – to contractual relations. In the case of non-contractual infringement of intellectual property rights granted and protected on the territory of several states, including on the Internet, the key issue is to establish the closest connection of the civil legal relationship with a particular state, taking into account various factors (the place of origin or registration of an intellectual property object, the place of committing infringement, the place of occurrence of negative consequences for the intellectual right holder, the orientation of a website to a specific state, the location of a competent court, etc.). It is also argued to enshrine the provisions on the intellectual property statute in Section VI “Private International Law” of the Civil Code of the Russian Federation, including the following issues of its scope: a) authorship; b) types of protected intellectual property objects; c) requirements for the legal protection of intellectual property objects, including registration issues and other formalities to be executed; d) the types, content and effect of intellectual rights arising in relation to intellectual property objects, including the restrictions provided by law and the duration of legal protection; e) the emergence, exercise and termination of intellectual rights, including permissible ways of disposing of them; f) non-contractual protection of intellectual rights.

The Considered Interest in Criminalizing Violations of Intellectual Property Rights

The Considered Interest in Criminalizing Violations of Intellectual Property Rights

Истребование неправомерных доходов: анализ правоприменительной практики

The rule of disgorgement of profits is set out in paragraph 2 of Article 15(2) of the Civil Code of the Russian Federation (hereinafter – Civil Code) as a general remedy. Disgorgement of profits is called this rule in common law countries. It is analyzed. The idea of equity is a basis to force a person who has violated someone’s right to transfer the unlawful profit from such a violation to the plaintiff. The idea that an offender is not allowed to benefit from unlawful or dishonest conduct is supported by judicial practice and doctrine, and is enshrined in Article 1(4) of the Civil Code. There is little practice in applying this rule. Examples include violations of intellectual property rights, other absolute rights, negative confidentiality obligations, contracts, etc. In other cases, disgorgement of profits may arise from the specifics of the violated responsibility. The practice of disgorgement of profits from violation of fiduciary duties is considered. It is established that the nature of disgorgement of profits by violating someone’s right is not certain. The law uses the term «lost profits». Therefore, this institution can be interpreted as a way to calculate losses equal to profits. The defendant may refute this and provide evidence that the plaintiff himself would not have made such a profit. Is it allowed however to take all the profits from the defendant, if the plaintiff has no damages, and the defendant’s profit is large? Should the full profit of the defendant from the violation of the plaintiff’s right belong only to the plaintiff? It is possible to limit the compensatory nature of civil liability and to highlight its preventive and punitive function in the case of «cynical» violations.

Intellectual property rights protection and prospect of industrial development in Nigeria

The incidence of infringement and violation of intellectual property rights (IPRs) especially in the nature of counterfeiting and piracy has been on the increase in Nigeria; and has deprived many producers and industrialists of the benefits of their creativity. This study explores how IPRs protection influences industrial development in Nigeria using quarterly data spanning 2007Q2 and 2019Q1. The result of autoregressive distributed lag model reveals that IPRs protection exerts negative effects on industrial development due to weak enforcement and non-compliance with industry related IPRs laws which discourage individuals and firms to develop new commercialisable inventions and innovations. Based on this finding, we conclude that IPRs protection cannot significantly improved the prospects of industrial development if not properly enforced with total compliance in Nigeria. Therefore, we recommend that government should strengthen IPRs laws with formidable policies that would create incentives for firm-level innovations/inventions through knowledge creation, adequate funding for R&D in Nigeria.

The scope of copyright protection and the establishment of tort for an unauthorized use of work in public domain - Supreme Court Decision on June 30, 2021, 2019da268061 -

The scope of copyright protection and the establishment of tort for an unauthorized use of work in public domain - Supreme Court Decision on June 30, 2021, 2019da268061 -

독일의 인터넷상의 지식재산권 침해에 따른 접속차단조치 - 저작권 침해 중심으로 법제 및 판례 분석 -

인터넷상의 쉬운 복제와 배포의 특징에 근거하여 인터넷을 통한 지식재산권의 침해는 권리침해자의 권리구제가 어렵다는 근본적인 문제점을 지니고 있다. 이와 관련하여 실무적으로 효과적인 조치로서 인식되는 것은 대형 액세스 프로바이더 사업자의 DNS 차단 조치이다. 인터넷상의 지식재산권의 침해와 관련한 접속차단조치와 관련하여 독일은 2015년 독일 연방사법재판소의 액세스 프로바이더의 방조 책임의 판결 이후, 텔레미디어법 제7조 제4항을 신설하였다. 관련하여 특히 인터넷상의 저작권 침해와 관련한 접속차단조치에 대하여 2018년 이래로 주요한 판례들이 판시되었고, 이를 통하여 접속 차단, 특히 액세스 프로바이더의 DNS 차단에 대한 법적 근거 및 전제 조건들이 세부적으로 논의되었다. 현재 독일에서는 액세스 프로바이더를 대상으로 한 DNS 차단 청구를 인정하는 데에 있어서는 텔레미디어법 제7조 제4항을 유추 적용하는 방안을 채택하고 있다. 다만, 유추적용에 대한 전제조건으로는 권리소유자가 권리침해의 방해제거조치를 실질적인 범위 내에서 적극적으로 이행하였는지의 입증이 주요하게 다루어지고 있다. 다만, 접속차단조치의 당사자들의 분쟁에 근거한 사법적 판단 이후의 접속차단조치는 비용과 시간의 불필요한 소모가 발생하게 되며, 사법적 판단 진행 중의 접속차단조치의 우회가 발생한다는 문제점이 있다. 이와 관련하여 2021년 권리소유자와 독일 내 대형 액세스 프로바이더 사업자의 협의체로서 CUII가 출범하였다. CUII는 협의체 내의 검토단계와 독일 연방네트워크기관의 행정적 검토 단계를 통해 구조적 저작권 침해 웹 사이트의 DNS 차단의 신속한 이행을 도모하기 위해 설립되었다. 인터넷상의 저작권 침해에 대한 독일의 접속차단조치에 대한 사법적 판단과 관련 협의체의 구성은 국내의 접속차단조치의 운영에도 시사점이 존재한다고 판단한다.

Protection of industrial property rights in the context of patent legislation reform

Keywords: protection of rights, intellectual property; patent, industrial design, invention,utility model, appeals chamber, patent trolling
 The right of intellectual property is the leading drivingforce of the economy of any state; therefore its legal protection requires proper legalregulation and constant improvement through the adoption of new laws, amendmentsto current legal acts, and the introduction of innovations in judicial activity.On 21.07.2020, Ukraine adopted the Law of Ukraine «On Amendments to CertainLegislative Acts of Ukraine on Strengthening the Protection and Protection of Rightsto Marks for Goods and Services, Industrial Designs and Countering the Abuse of Patents» and the Law of Ukraine «On Amendments to some legislative acts ofUkraine regarding patent legislation reform». These laws were important steps in thefield of legal protection of intellectual property.These laws essentially complete the procedure for updating legislation in the fieldof industrial property. They have positive features, but also have some disadvantages.The article is devoted to the consideration of the peculiarities of the protection ofindustrial property rights in the context of reforming legislation in the field of intellectualproperty. The publication emphasizes that today in Ukraine there are a significantnumber of cases of violation of intellectual property rights, which cause significantdamage not only to the rights holders, but also to the state as a whole. Despitethe positive changes in legislation in the field of industrial property protection madein recent years, it should be emphasized the presence of certain shortcomings andcontradictions in the legal regulation of the procedure for acquiring and protectingrights to inventions, useful models and industrial objects. Projects, which is primarilydue to the lack of necessary changes regarding the implementation of legislativenorms at the sub-legal level. It is noted that measures to ensure the effective protectionof intellectual property rights should be directed not only by the state and its bodies,the main role in this should be played by the activities of the right holders themselvesin monitoring the observance of their rights and preventing violations.

Current legal trends of cyber security and intellectual property

Keywords: informational security, cyberspace, cybersecurity, intellectual property
 The catalyst for changes in the sphere of cyber-security in our countryhas been the hybrid war unleashed by the Russian Federation with the use of bothclassic and non-lethal weapons, through cyberspace and across cyberspace included.Challenges and threats to the national security of Ukraine in the cyberspaceled to the creation of the Cybersecurity Strategy of Ukraine.The cyberwar in Ukraine showed the ineffectiveness of the current internationallegal deterrence mechanism. The most important aspect of the development ofinternational humanitarian law is the formation of modern principles of counteractionto unfriendly actions of aggressors in cyberspace. Encouraging innovative activityand protecting rights holders from cyber threats is the main direction ofstate (national) intellectual property strategies, as a significant foundation for therapid development of industrial potential. Cybersecurity prevents the infringementof intellectual property rights and also ensures the privacy of databases,trade secrets and know-how to rights holders. It is the effective state position inthis area that will ensure the rapid recovery of our state after the end of the war.Legislative regulation of cyber protection in Ukraine corresponds to internationalstandards and modern cybersecurity strategies of the EU and NATO. In ouropinion, the most promising directions of development of the national cyber defencesystem are: improvement of the legal basis of cyber defence for critical infrastructurefacilities; implementation of the system of independent information security;development of international cooperation in the field of cybersecurity; increasein digital literacy of citizens and culture of safe behaviour in the cyberspace.The cyberwar in Ukraine has shown the ineffectiveness of the current internationallegal deterrence mechanism. The most important aspect of the developmentof international humanitarian law is the formation of modern principles of counteractionin cyberspace and the protection of the interests of small countries fromunfriendly actions.

РЕФОРМУВАННЯ СИСТЕМИ ПРАВОВОЇ ОХОРОНИ У СФЕРІ ІНТЕЛЕКТУАЛЬНОЇ ВЛАСНОСТІ В УКРАЇНІ

The article is devoted to the reform of the system of legal protection in the field of intellectual property and the improvement of legislation in Ukraine, its compliance with international standards. The authors note that it is necessary to improve the system of intellectual property legal protection, with using world experience. Also, they pay attention that in Ukraine there is an insufficient level of protection of intellectual property rights. The authors note that education and formation of public consciousness are quite important. It is proposed to conduct a large-scale educational campaign, which will be aimed at creating a legal culture among the population of Ukraine, and providing basic knowledge about the rights of intellectual property owners and mechanisms for its protection, in particular on the Internet. Some pirate sites offering counterfeit and pirated products openly operate in Ukraine, the number of such sites is even increasing, which is explained by the imperfection of the current legislation. It is expedient to resolve such issues by improving the legislative framework, including strengthening legal liability for violations in the field of intellectual property, in particular, the distribution of pirated products. And it is also necessary to expand the rights of law enforcement agencies in the direction of providing additional organizational and legal mechanisms for identifying and countering violations of intellectual property rights. It also draws attention to the fact that the problem is relevant and needs to be addressed now. An example is that in our country a judicial institution has been created. It is the Supreme Court for Intellectual Property, which is still not functioning. This indicates that Ukraine is characterized by the practice of delaying court cases. Therefore, the question of the functioning of the High Court of Intellectual Property is important and urgent. It is necessary to improve the mechanism of judicial protection and the system of bodies for the protection of intellectual property. For further economic development and improvement of the international image of our state, as well as for faster accession to the EU, we must not postpone this issue, but continue to improve our legislation.

Online Dispute Resolution in the Field of Intellectual Property: Russian and Foreign Experience

In the modern world, taking into account scientific and technological progress and the need for innovative development, many states are improving their legislation and approaches to regulating relations in the field of intellectual property by modernizing the justice system. With the use of Internet technologies, it becomes possible to carry out various settlement procedures, both judicial and extrajudicial. Due to the intangible nature of intellectual property objects, online dispute resolution in this area increases the level of protection of rights, expands access to justice, and the effectiveness of resolving disputes. In addition, the use of the blockchain distributed registry system allows you to create a platform for storing information related to the circulation of intellectual property. The experience of Russia, China, Thailand and Canada in the field of online resolution of disputes arising from infringement of intellectual property rights is studied. It is noted that a common understanding of the protection of copyright, as well as objects of industrial property, based on the provisions of fundamental international treaties, as well as modern technologies, including those built on the basis of artificial intelligence, with their correct structured application, will allow resolving such disputes promptly in pre-trial order, thereby unloading the judicial system. At the same time, their clear correlation with the provisions of international agreements is necessary.