scholarly journals Features of the legislation of the Republic of Azerbaijan in the sphere of copyright protection

Author(s):  
Azer Tofig Safarov

Copyright protection is a priority orientation in the field of protection of intellectual property rights. Copyright does not allow other people to use the products of creative activity of authors without their permission. Copyright violaton causes the authors both material and moral damage. The copyright protecttion in jurisprudence implies the set of measures aimed at the restoration and recognition of copyright in case of their violation and also it protects the interests of the owner of these rights in violation or contestation of copyrights. The copyright protection is carried out in accordance with the procedure established by law, i.e. by applying of necessary forms, means and methods of protection. From this point of view, the copyright protection is divided to judicial and non-judicial (pre-judicial protection and protection by judicial procedure).

2021 ◽  
Vol 75 (2) ◽  
pp. 52-59
Author(s):  
Victoria Shekhovtsova ◽  

The article is devoted to the research of the intellectual property rights system in Ukraine. Intellectual property is the result of the creative activity of any person or group of people. The author studied the categories «intellectual property» and «intellectual property right», investigated the principles of intellectual property and the system of intellectual property rights of Ukraine. In Roman law, there was the term «property», because the «property right» in its classical meaning was formed in Rome, and related to private relationships. Intellectual property is the property of a person that arose as a result of her creativity. However, for our Ukrainian legislation, the expression «intellectual property» is «terra incognita». Yes, intellectual property is studied by such branch legal sciences as: civil law, administrative law, international law, and others. Formed the State Service of Intellectual Property, but the organization of the state system of legal protection of intellectual property, in our difficult times, wants a better one. In the legal literature on intellectual property issues various definitions of «intellectual property right» are given. From a subjective point of view – this is a subjective right, and from an objective point of view – a civil law institute, a set of legal norms that regulate relations in the system of creation and protection of intellectual property. Man, his freedom and rights are the most important value of evolutionary development of society, which manifests itself in the growth of the intellectual potential of the population of each country. Only man possesses intelligence, creative potential and creative abilities. In addition to it, on earth, no living creature can create. Creative activity is the most important aspect of human life, which allows you to convey your talent to society. The consequence of this activity is something new, unique, unique and original. The accumulated products of the human mind are the heritage of the nation, which determine its further development.The Constitution of Ukraine guarantees to the citizens of the state freedom of scientific, artistic, literary and technical creativity, protection of intellectual property rights, moral and material interests arising in connection with various types of intellectual activity. Every citizen has the right to the results of his intellectual, creative activity; no one can use or distribute them without his consent, with the exception of the statutory provisions. The intellectual potential of the nation, in the form of improving education, production, culture, science and technology, needs constant support from our state. The Civil Code of Ukraine for the first time in our national legislation was given a formal definition of the right of intellectual property, as the rights of the individual to the result of intellectual, creative activity or other object of intellectual property rights.


2019 ◽  
Vol 91 ◽  
pp. 05029
Author(s):  
Nicolay Zhilskiy ◽  
Emma Shariapova ◽  
Marina Matveeva

In the paper, the authors raise the issue of protecting the copyright of an architect. One of the ways to protect it is the trial. The RF Constitution guarantees judicial protection of rights and freedoms. Recently, in the Russian Federation, the number of appeals to the court for copyright protection has increased, indicating a large number of infringements of intellectual property rights of architects. The study of the authors showed that often the cause of litigation is the discrepancy of the values of the objects of copyright of the architect. To interpret such concepts as “architectural solution”, “architectural design”, “architect’s concept”, “architect’s idea” and others, the court is forced to involve specialists whose opinions in the court decision become the source of law, which contradicts the theory of state and law. The authors believe that the legislative consolidation of clear, certain essential features of the conceptual and categorical framework used in architectural activity is the improvement of the protection mechanism for the works of architects that are the result of their creative activity.


2021 ◽  
Vol 7 (1) ◽  
pp. 92-106
Author(s):  
Dorin Cimil ◽  
◽  
Olesea Plotnic ◽  

The issue under investigation concerns whether personal data or personal information from the point of view of intellectual property constitutes as such a commodity or economic potential, which may be subject to alienation and registration as an object protected by the intellectual property system or represent a non-commercial object, without circulation in civil relations, with a special legal regime, connected to the fundamental human rights and freedoms. Recognition of personal data and other categories of information, related to the person (geolocation data, user-generated content) in terms of intellectual property rights as objects of civil rights, would allow the development of the data market, necessary for the functioning of innovative technologies on big data, cognitive calculations, the Internet of goods, and bringing these technologies into a legal and civilized field. The objective of the article is to appreciate whether personal data is subject to any intellectual property rights by the assessment of EU jurisprudence in line with national legal framework of the Republic of Moldova.


2020 ◽  
Vol 1 (1) ◽  
pp. 33-38
Author(s):  
I Kadek Candra Wisesa ◽  
Desak Gde Dwi Arini ◽  
Luh Putu Suryani

The richness in the diversity of arts and cultures can be found in the Republic of Indonesia. Intellectual property rights obtain protection as stipulated in legislation, including Law Number 28 of 2014 concerning Copyright. The advancement in technology and the increasingly developing world of digital photography by means of digital cameras raises the legal issues of copyright in photographic works. The main issues examined in this paper are: the forms of legal protection of the rights of the creators of photographic works and the resolution of disputes of photographic works that are used without permission. The method used to examine this issue is the normative legal research method with a legislative approach. Copyright Protection of photographic works may be done in two ways, namely preventive in which legal protection given to the creator of photography which the creator shall done by registering the copyright, and repressive protection realised by filing a lawsuit in court if there is a violation of copyright in the photographic work. All rights reserved must always be appreciated by not committing violating actions which are arbitrarily committed especially if it relates to providing benefits for violators.


2019 ◽  
Vol 22 (01) ◽  
pp. 37-54
Author(s):  
Elly Hernawati

Copyright is one of the Intellectual Property Rights components and should be paid attention to. Even more in technology era that developing, copyright protection needed to be enhanced, so that the right of creator, Copyright holder or owner of relevant rights can be protected and urge people to create. Indirectly, good and healthy business climate could be fostered.  Not all people have skill to create, that is why those people who have skill to create must be protected and even awarded, hoping that people urged to create. One of the creations that protected are song and music. In creating song or music, creator involve recording producer, music director or arranger. Regarding the creation, creator holds moral and economy rights, while parties involved hold the relevant rights to it. Collective Management Agency is an agency that help creator or relevant rights owner in managing and distributing the creation which is song or music that being commercialized. Yet the creator must be the member of the agency beforehand. Commercialization of a song or music by user can rise problem. Protection to the song or music is for the whole thing, including lyric, notation, arrangement and song title. The utilization of a song or music should be still protecting the parties that hold the copyright and the relevant right to it.


2020 ◽  
Vol 27 (7) ◽  
pp. 1125-1147
Author(s):  
Ignat Kulkov ◽  
Björn Berggren ◽  
Kent Eriksson ◽  
Magnus Hellström ◽  
Kim Wikstrom

PurposeThis paper focuses on medical device university spin-offs (USOs), taking into account the peculiarities of financial and nonfinancial support and intellectual property rights (IPRs). The authors declare that these parameters play a significant role in business development at the early stages.Design/methodology/approachThis empirical data consist of individual and group interviews in Finland and Sweden, which are later inductively analyzed.FindingsThe results show that public financial support contributes to the formation and start of sales stages in small countries and local markets. However, at the validation stage, approaches for supporting entrepreneurship in the field of medical devices may differ. The ownership of IPRs assists in the development of entrepreneurship in the region due to the transfer of research results and researchers to the industry and increases the number of spin-offs and the cooperation of universities with business.Originality/valueThis contribution is in the identification of the key parameters for the formation, support and development of the USOs from the point of view of the availability of financial resources and the ownership of IPRs.


Author(s):  
Liene Vindele ◽  
Renāte Cāne

Copyright is one of the intellectual property rights whose main activity is to promote creativity and protect the ownership of the author. However, these rights are not absolute and are subject to certain restrictions.In the Berne Convention, Agreement on Trade-Related Aspects of Intellectual Property Rights and also WIPO Copyright Treaty embodied so-called “three-step test” allowing exceptions to copyright protection. They state that exceptions to copyright protection are admissible only in specific cases; if they comply with the rules of normal exploitation of the author's work; and do not unreasonably prejudice the legitimate rights of the author.While respecting the restrictions contained in international conventions, the Latvian Copyright Law also lays down various restrictions, when the author's work can be used without a special permit for the use of the author's work or for free, such as in the educational or research process. The free use of copyright-protected materials constitutes a restriction on the economic rights of copyright holders. These restrictions aim to strike a balance between the rights of the author and the interests of the public. Although copyright-protected works can be used in education almost everywhere in the world, restrictions on the exercise of these rights have not been clearly established.The aim of this paper is to research limits use of copyright-protected works in the educational process. Basis for this analysis will be the international and national legal framework about copyright exceptions in educational process.In the development of the research used an analytical method of scientific research, as well as a method of interpreting grammatical, teleological and historical legal norms. For the conclusions used inductive and deductive method of scientific research. 


2019 ◽  
Vol 10 (3) ◽  
pp. 770
Author(s):  
Karlygash Asilkhanovna JUMABAYEVA ◽  
Lola Furkatovna TATARINOVA ◽  
Gulnaz Tursunovna ALAYEVA ◽  
Saule Zhusupbekovna SULEIMENOVA ◽  
Danila Vladimirovich TATARINOV

This study is concerned with one of the most burning issues of intellectual property rights, namely the notarial protection of the testator's exclusive rights. The article analyzes the Kazakh and international experience in solving this issue. In the course of the study, the authors obtained the following results: - In legal practice, the non-acceptance of inheritance and refusal to inherit exclusive rights have their specific features; - It is proposed to supplement the existing civil legislation on the protection of the testator's copyrights. ‘Kazakhstan Authors' Society’ conducts its activities in the territory of the Republic of Kazakhstan. Its main function is to manage the property rights of authors. This management includes the issuance of permits to use deliverables on behalf of authors, as well as the collection, distribution and payment of royalties. It has been established that a notary has the right to apply to ‘Kazakhstan Authors' Society’ to determine one's authorship. The authors have revealed that the current Kazakh legislation does not state the creation time of some deliverable and does not provide for the notarial certification of a web page (in case of copyright infringement). Thus, a notary takes measures to protect the intellectual property rights owned by the copyright holder that might become the subject of succession.


Upravlenie ◽  
2016 ◽  
Vol 4 (1) ◽  
pp. 74-78
Author(s):  
Рогожин ◽  
S. Rogozhin ◽  
Сазанова ◽  
S. Sazanova

The authors consider the intellectual property rights from two points of view: legal theory and institutional economical theory. Contents of “intellectual property” and “intellectual rights” concepts have been revealed in this paper, and the necessity of their study has been justified not only from the legal point of view, but also from the economic one. The authors emphasize that the institutional economics in general and the economic theory of property rights, in particular, have a great potential in the study both of theoretical and practical aspects related to intellectual rights. According to the authors, it is the institutional approach which will create an effective legislation in this area.


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