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Copyright of Pravnik is the property of Czech Academy of Sciences, Institute of State & Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The importance of studying the protection of intellectual property rights in the face of modern challenges and threats, changes in Russia’s economic paradigm, and the search for new competitive advantages in the global economy is undisputed. The article aims to analyze the selected cross-border aspects of the administrative protection of intellectual property based on a review of Russian judicial practice. In this research, the formal-legal, comparative-legal, historical methods, as well as method of system analysis of the judiciary acts are used. The analysis of judicial practice in administrative cases related to intellectual property identified by the customs authorities reveals several problem areas. These issues include the competence of customs authorities in implementing customs control of goods containing intellectual property items, the use of expert procedures, the participation of the right holder in such litigation, and the exhaustion of intellectual property rights in the context of sanctions against Russia. Regarding the competence of customs authorities in the field of administrative protection of intellectual property rights, clear limits of such competence are defined, particularly in relation to the cross-border movement of goods under customs control. It is concluded that customs protection of intellectual property is limited to part of the intellectual property during cross-border movement. The article emphasizes the significant role of expert procedures in administrative cases related to intellectual property involving customs authorities. Arguments are presented against the use of opinions issued by copyright holders, and the participation of the copyright holder in the administrative protection of exclusive rights in the cross-border movement of goods is assessed. Special attention is paid to the principle of rights exhaustion and its implementation in judicial practice, particularly in the context of strengthening the sanctions regime against Russia and the partial legalization of parallel imports. The article concludes that cross-border protection of intellectual rights is positioned as an element of the entire system of legal protection of intellectual rights.

Copyright of Alauddin Law Development Journal is the property of Alauddin Law Development Journal (ALDEV) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In this paper, we examine whether the platform as well as the sellers violating the intellectual property right (IPR) should be liable. We first show that platform liability is socially better if the number of potential victims is very large. This is mainly due to the general enforcement effect of the platform's monitoring activity. In the case of specific enforcement in which each patent or trademark holder selling legitimate products tries to detect only the IP violations of its own brand, the monitoring activity of each seller has no spill-over effect, so that the deterrence effect of its monitoring activity remains the same regardless of the number of patent holders. However, in the case of general enforcement in which the platform monitors the possibility of any IP infringement including all legitimate products on the platform, the deterrence effect of its monitoring activity exceeds the monitoring cost if the number of patent holders is large. Then, in a simple model of two sellers without general enforcement effect, we show that under seller liability, awarding punitive damages with punitive multiplier equal to the reciprocal of the enforcement probability induces social optimum in which infringing entry occurs if and only if it is efficient, while platform liability may not induce social optimum. [ABSTRACT FROM AUTHOR]

The illegal use of products, services, or goodwill connected to another person's business that results in deception is known as passing off. There is unfair competition and confusion in the market when one party sells their commodities as if they were the goods of another. When someone falsely advertises products or services as their own and harms the rightful owner of the trademark, this is known as passing off. Passing off, as opposed to trademark infringement, preserves unregistered trademarks and their goodwill. This study enunciates the concept of passing off under intellectual property (IP) industry by emphasising mainly into the area of tortious liability of the same under protection of trademarks. [ABSTRACT FROM AUTHOR]

Geographical indications are labels used to identify goods or products that originate from a specific place, possess distinctive qualities and have a reputation associated with those characteristics. Afghanistan possesses valuable products such as agricultural, industrial, and handicraft resources that require protection due to its distinctive geography. Therefore, Afghanistan needs to standardize its established legal framework that regulates the recognition and protection of products as geographical indications both domestically and internationally. Since 2015, Afghanistan has implemented a specialized model for geographical indications. A suitable system for the protection of geographical indications in Afghanistan can be beneficial for promoting exchanges and cooperation between Afghanistan and international markets. it can help Afghanistan's economic growth, avoid misuse of the products, and conversely develop the quality of the products. This study adopts a comprehensive approach to evaluate Afghanistan's current geographical indication protection system. A thorough review of existing laws and related articles, as well as an examination of Afghanistan's legal documents on geographical indications, including the Geographical Indications Law and Regulation, Trademark Registration Law, etc. This involves analyzing the definition of geographical indication, application for registration, review procedures, objections, and cancellation criteria outlined in these documents. [ABSTRACT FROM AUTHOR]

Copyright of Propiedad Inmaterial is the property of Universidad Externado de Colombia, Centro de Estudios de la Propriedad Intelectual and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Imitation of the nomenclature of Mie Gacoan by Daun Kipas Café and Resto located in Langsa City with the name Mie Gacok along with imitation of its logo is a violation of trademark rights which is a violation of intellectual property rights. The imitation struggles to take advantage unilaterally. In this study, the author formulates the problem, namely how the conflict of trademark rights imitated between mie gacok and mie gacoan, legal protection of intellectual property rights in trademarks, and protection of trademark rights perspective Fatwa MUI Number: 1/MUNAS/VII/MUI/5/2005. This research uses empirical legal research methods somewhat easier for researchers in analyzing cases in the field. The results of the study proved that infringement of intellectual property rights on trademarks. This is considered an administrative criminal act that should be able to be pursued legally. In addition, according to MUI fatwa No. 1/MUNAS VII/MUI/15/2005 concerning Protection of Intellectual Property Rights, the actions of Gacok noodle owners against Gacoan noodles are acts that violate the provisions of MUI No. 1/MUNAS VII/MUI/15/2005 concerning Protection of Intellectual Property Rights which are illegal acts. In addition, MUI fatwa No. 1/MUNAS VII/MUI/15/2005 concerning Protection of Intellectual Property Rights is preventive protective and cannot protect repressively if it does not go hand in hand with Law Number 15 of 2001 concerning Trademarks and Law Number 28 of 2014 concerning Intellectual Property Rights. [ABSTRACT FROM AUTHOR]

Standard accounts of the concept of 'modern brand' consider it to have developed in the late nineteenth century with the second industrial revolution and to have a range of unique characteristics, including a personality of its own and to be protected by law. Modern brands are considered to have succeeded proto brands, which relied essentially on quality and origin for differentiation. To trace this path, standard accounts build strong links between law, brand identity and product differentiation, suggesting that law and brand are 'symbiotic'. Looking at a country with early, yet relatively weak, trademark law and a poorly structured registration system and focussing on the previously little analysed case of the Brazilian South American Tea industry during the period 1875–1913, this study suggests that we need to consider two other typologies in the evolution of brands: 'proto legal brands' and 'differentiated proto brands'. So doing, this account provides an innovative view of legislation and registration, and their problematic contribution to anti-competitive protectionism. [ABSTRACT FROM AUTHOR]

Artificial intelligence (AI), in the form of machine learning systems, is becoming widely deployed across many industries to facilitate the production of new technical or expressive works. Among other applications, these technologies promise rapid product design and creation, often exceeding the capacity of human creators. Commentators and policy makers have responded to these developments with a flood of literature analyzing the ways in which AI systems might challenge our existing regimes of intellectual property. But such discussions have thus far focused on entirely the wrong questions, misunderstanding the nature of the changes that AI brings to creative development. Intellectual property is generally styled as a solution to the “appropriability” or “public goods” problem in creative and innovative production: offering a legally enhanced incentive to invest in goods that are expensive to produce, but cheap to appropriate. But cost savings from AI systems will largely occur at a different point in the production process. AI systems promise (or threaten) to lower the cost of initial development of creative goods, potentially displacing human creators. Although machine learning systems are realistically unlikely ever to provide a complete substitute for human creative inputs, their incorporation into creative production will in effect automate the generative phases of the creative development process, substantially lowering the cost of the initial stage of production. Like other cost-saving industrial automation, this can be expected to displace human labor and redefine human roles in production. The history of past automated labor displacements teaches us something of what will occur as creativity is automated. In this light, I begin to reframe the discussion of intellectual property and artificial intelligence, showing the impact machine learning will have on human creativity and innovation, and the implications these changes for intellectual property doctrine and policy. In particular, I show that cheap substitutes for human creativity will drive a shift toward forms of intellectual property that certify authenticity rather than those that incentivize production and distribution. Armed with this understanding, we can begin to address the question of how to foster human engagement in an age of synthetic creativity.

Early Neutral Evaluation (ENE) is a new form of alternative dispute resolution that has demonstrated success in various cases and has proven to be particularly suitable in intellectual property disputes. Due to the special characteristics of intellectual properties, adopting ENE in the early stage of an IP dispute or action has many advantages. The preliminary assessment of a case saves time, money, confidentiality, and other features crucial in IP cases. The ENE provides a frank and candid opinion to the parties about the merits of their claims according to appropriate procedural and substantive law. Special Features of patent, copyright and trademark cases deserve to be solved by the ENE method. In complex issues, a combination of ENE and mediation can work well together to solve disputes and claims appropriately, which is better than judicial and arbitral solutions.

The trademark is the most important element in confirming the visual identity of an organization or company. Its main function is to introduce and constantly remind it to confirm a specific idea of it. A well-designed wordmark logo is what gives a company the ability to compete, and reflects its unique personality. From here, the research problem arose in studying typography design considerations suitable for wordmark logos? Where the research aims to study the Arabic typography design considerations suitable for wordmark logos, by taking advantage of the role of the typography in creating a specific identity for it, and the researcher presents and analyzes different models for them. Since the design of the appropriate typography for the wordmark logo, is an integral part of building its identity, it has the ability to tremendously express. Fonts carry different meanings and connotations, and we automatically react differently in our thoughts, feelings, and behaviors when we see them. Thus, designing the right typography for it will convey the correct message to the recipient, while the wrong design will reduce its credibility. The research found that there is a strong relationship between memory, perception, and attention, as attention works with memory to form a distinct state of visual perception of letters and writings for the recipient, in which he identifies the structural and formal features of the typography elements, on the basis of which a corresponding formation in the memory that invokes him when he sees the same visual perceptions that Include it again.

In the fashion industry, counterfeiting has been present for a long time, be it due to consumer preference or lack of job opportunities, forcing people to commit illegal acts like these. The internet revolution has also acted as fuel for the ever-so-booming counterfeiting market. Fashion brands spend an enormous amount of money on promoting their items. However, when these items become popular, businesses with ill intentions try to imitate them to encash the goodwill and reputation established by the reputed brands. As society develops, fashion brand owners desire to protect their products in all possible ways. This paper shall discuss how Indian trademark law protects fashion brand owners, how the offence of counterfeiting in the fashion industry is expanding in physical and online markets, and the threat of its outspread in the future on emerging platforms like Metaverse. The author shall try to provide potential solutions to curb counterfeiting in the Indian fashion industry. [ABSTRACT FROM AUTHOR]

Copyright of Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) is the property of Dinasti Publisher and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Background: This article aims to examine the trademark rights exhaustion regime for Kazakhstan in the context of a high level of importation of goods and free trade in the Eurasian Economic Union1 (hereinafter “EAEU”). It addresses consumers’ interests and discusses business and intellectual property (hereinafter “IP”) law in relation to the exhaustion regime. It discusses trademark use in Kazakhstan, the prohibition of such use by trademark owners, and the limits of a trademark owner’s right to prohibit such use. While national and regional legislations introduce the regime of regional exhaustion of trademark rights in Kazakhstan, their legal constructions contain gaps and mutually exclusive provisions which create uncertainty for trademark owners and courts, thereby enabling infringement in the form of parallel import. Methods: To achieve the goal of this article, the authors applied a set of methods consisting of content analysis and case study. Particularly, the authors analysed the national and regional legislation applicable in Kazakhstan and examined the existing court practice that reveals certain problems with the exhaustion of trademark rights. Moreover, the article includes a comparative analysis of legislation from the United Kingdom (hereinafter “UK”), the European Union (hereinafter “EU”), and select Eastern European countries. Results: Thus, the paper provides an overview of the currently implemented regime of exhaustion in Kazakhstan and its application in the EAEU and examines the challenges created by uncertainties regarding which rights are being exhausted. Conclusions: Kazakhstan is upholding the regime of regional exhaustion of trademark rights. At the same time, local and regional legislation contradict each other when the regulation concerns the national identification of a trademark. With the national registration of a trademark, the exhaustion regime becomes national. In contrast, in the case of international trademark registration, subject to several conditions, the exhaustion principle is regional. [ABSTRACT FROM AUTHOR]

The definitions and conceptual framework of the following terms are studied: brand, mark, sign and definitions. The research was conducted on the basis of definitions and approaches of these Western marketing «gurus» and practitioners of well-known Western experts in marketing, advertising, management, and psychology, as well as our domestic experts and scientists. Such definitions for a brand include trade, commercial, commodity, brand and others. The analysis of the literature showed that these definitions are identical, and in the Ukrainian case, it is necessary to focus on the legislative framework. The author also studied the definition of a trademark with the following definitions: trade, commercial, commodity, brand and others. These definitions and their conceptual framework were also found to be identical. In addition, the definition and conceptual framework of «brand» were also studied. The main synonyms for the brand in their definitions can be quality, image, memory, positive impressions, psychological effect, advertising and positioning. In the Ukrainian market, consumers and even experts often equate the concepts of a trademark, a trade mark and even a brand. However, this is not correct. I support this understanding of Western and domestic scientists that these are three consecutive steps. If to explain briefly, TS is a sign of indication of goods and services issued in the state according to its legislation. TM is a sign or logo under which the seller sells his goods and which is known to buyers. TM may be identical to the TS, and may not be identical to it. A brand, in turn, can be a well-promoted TM or it can be promoted without TM. In the West, TM and brand are practically the same thing, because there is basically an oligopoly market where several powerful firms operate with a not very developed product market. The terms TS, TM, and brand came to us from the West. The first two in the West were introduced around 20–40 years of the last century, and the brand around 60–70 years of the last century. The brand in the West went through four strategies from commodity to corporate. The basis for the definitions was the goal and historical facts and opportunities. Due to the change in these two factors, we have given a new definition of the brand. This definition is based on the UN resolutions on the exhaustion of the Earth's resources and their inconsistency with the ability to meet the needs of modern man and the right and responsible attitude. That is, we can interpret it as «green» marketing. [ABSTRACT FROM AUTHOR]

The article is devoted to the analysis of regulatory regulation of advertising activities in the field of copyright protection. At the present stage of development, the advertising industry is actively introducing digital innovations related to both the creation of an advertising appeal and its placement. More and more advertising activities are moving into the digital space, which opens up several opportunities, but at the same time complicates the issue of ensuring fair competition. The article analyzes the conditions for providing advertising and advertising slogans of legal protection as an object of copyright. Legal regulation of advertising activities in the field of copyright protection is carried out on the basis of domestic legislation, as well as international treaties and agreements in the field of copyright protection. The article analyzes the current Ukrainian legislation and international practice on the legal protection of copyright in advertising activities. It should be noted that the legislative practice of different countries to provide legal protection of copyright in advertising activities has fundamental differences. Domestic legislation recognizes advertising as an object of copyright provided that at least two requirements are met: advertising or its individual elements are the original (copyright) result of creative activity; advertising must be expressed in an objective form, it can be a written form, an image form, audio or video. The article also defines the conditions for using other people's works in advertising activities and considers the consequences of non-compliance with these conditions, in particular, the language on administrative and criminal liability. The most common problems associated with the protection of copyright in advertising activities are the following: the use of other people's works (without the author's proper permission for such use); Transfer of rights to the advertising product to the customer; registration of relations between the company that will create an advertising product and its own employees. Domestic legislation determines that the object of copyright protection in advertising is the very essence of the message, and not its form. The most difficult issue regarding the protection of copyright in advertising is the slogan. In recent years, slogans for SEO have been increasingly created, which contain the keyword by which the site is positioned. To be able to register as an object of copyright, the slogan should not be generally used and descriptive, should be an indication of commercial origin, and not just encourage the purchase of goods (services). Analysis of domestic judicial practice indicates three ways to protect the advertising slogan: as an object of copyright, as a trademark, or in accordance with the legislation on the protection of economic competition. In case of copyright infringement, the author has the right to demand in court compensation for material damage, compensation for damage to his business reputation and prohibition of further illegal use of his work. [ABSTRACT FROM AUTHOR]

Copyright of Economic Series of the Bulletin of the L.N. Gumilyov ENU is the property of L.N. Gumilyov Eurasian National University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Middle East Journal of Legal & Jurisprudence Studies / Mağallaẗ al-Šarq al-Awsaṭ li-l-ʿulūm al-Qānūniyyaẗ wa-al-Fiqhiyyaẗ is the property of Manar Elsharq for Studies & Research and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article deals with the issue of ways to protect trademark rights in Ukraine. The author analyzes the issue of protection of trademarks in the European Union by applicants from Ukraine. The experience of specialized judicial bodies in the consideration of cases related to intellectual property legislation (inventions, trademarks, industrial designs, geographical indications, unfair competition, copyright, traditional knowledge, etc.) is considered, which is useful not only for the right holders of this kind, and for society as a whole. It is determined that in Ukraine there are the following forms of protection of intellectual property rights: jurisdictional and non-jurisdictional. Attention is drawn to the peculiarities of functioning of specialized courts in the field of intellectual property. The author notes the advantages and disadvantages of specialized courts and determines that Ukraine is in the process of establishing a special court - the High Court on Intellectual Property. Analyzing alternative dispute resolution methods, such as mediation. It is emphasized that mediation, as a new tool for the Ukrainian intellectual property system, works in all developed economies of the world and helps creators, inventors and companies to resolve disputes. Mediation is a confidential process that can be in multiple intellectual property groups where confidentiality is critical. In some cases, a dispute may accumulate confidential information that could be prejudicial to the parties if released in a public forum. Mediation allows the parties to keep the details of the dispute confidential, protecting their reputations and intellectual property. It was noted that in view of the European experience and practice of implementing alternative methods of dispute resolution, the Center for Mediation and Mediation was launched within the structure of Ukrainian National Office for Intellectual Property and Innovations (IP Office). Its main task is to perceive the peaceful resolution of disputes by teaching all parties alternative methods of dispute resolution, their features and advantages. Effective use of mediation can significantly help Ukraine become one of the innovative leaders in Europe. [ABSTRACT FROM AUTHOR]

A registered trademark can offer legal safeguard for a designer's name, brand name, emblem, logo, color or combination of colors, pattern, and so on. Ukrainian designers frequently establish trademarks by registering their names, sometimes accompanied by a graphic picture. Not just the brand name and designer's name, but also other aspects can be registered as a trademark. Regrettably, securing legal protection for a certain color or color combination is a challenging task. It requires providing evidence that a particular color is strongly linked to a specific fashion brand, such as the turquoise shade of a Tiffany box or the crimson hue of a Christian Louboutin sole. Registering a trademark is an effective method for preventing the importation and production of counterfeit goods. Nevertheless, it is impractical to safeguard the complete collection from plagiarism due to the insufficient time available for registering a trademark for a newly updated collection every month (ZARA, HM, OVS). Representatives of the Ukrainian fashion industry prioritize safeguarding their brands over safeguarding intellectual property rights for the models they produce. On one side, this scenario is justifiable, as Ukrainian designers hardly infringe upon the law, unlike worldwide companies. It is recommended to register an industrial design when a designer makes a distinctive model, technology, or print. The future of trademark protection lies in artificial intelligence. The verdict delivered on 8 February 2023 in the MetaBirkin case carries favorable consequences for the fashion industry and trademark proprietors at large. However, it is crucial to acknowledge that in this specific instance, the unauthorized utilization of the trademark was unequivocally acknowledged. Hermès has effectively shown its deliberate plan to enter the intangible assets market prior to the disputed circumstances. Therefore, trademark owners who encounter challenges in presenting proof of premeditated intention to participate in the non-traditional technology market should implement all essential procedures and regulations to safeguard their brand rights in the metanetwork and other domains. Expanding trademark registration to encompass the sale of NFTs and digital goods in general is of utmost importance. Given that the fashion industry and its protection are developing at a rapid pace, the following problems arise in Ukraine in this area related to the protection of intellectual property rights in Ukraine: illegal use, theft or counterfeiting of works, patents, trademarks and other objects intellectual property; length of court cases combined with distrust of mediation; piracy and smuggling. Therefore, certain elements used in each collection, such as the trademark or designer print on the fabric, are legally protected. [ABSTRACT FROM AUTHOR]

Copyright of Pandectele Române is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Calligraphy is the world's oldest abstract art. It means to make it easy to master the art of beautiful writing! This art is covering now areas ranging from a handwriting and letters in their functional aspect and takes the form of artwork in their aesthetic aspect. The designer treats a single letter as a flexible moldable element having a beautiful look, form and function. Calligraphy is considered an important element in brand's design, where the later of a single letter or more than a letter or a word is in need to calligraphy in its design and is described as a mixture between verbal and visual communication at once, and this, in turn, helps in performing its communicative function better and faster. Besides the linear mark has the ability to define the name of the organization in a clear font, we notice that the calligraphy's font design itself reflects connotations, meanings and messages could be utilized in design of the brands. Calligraphy enabled students in in the Faculty's Advertising Department to produce different designs of the brands by using an infinite variety of typographical words and letters filled with energy, creativity and cutting-edge vision conveys the spirit of the age in drafting and composition

Protection of Intellectual Property Rights(IPR) in the industrial world is an urgency for companies to maintain popularity in the general public, Especially on the use of trademarks that greatly affect consumer perceptions. One of the problems in trademark protection is the existence of dispute resolution through court under a supranational organization, namely The Court of Justice of The EU(CJEU), which adjudicates foreign companies originating from non-EU countries. The case is a trademark dispute between China Construction Bank Corp from China and Groupement des cartes bancaires from France.The purpose of this study is to determine the authority and legitimacy as well as the application of justice through The CJEU in resolving disputes of foreign companies. This research was a normative legal research method, which applied to statue approach, case study research, and library research. Based on the results of the research, the authority and legitimacy of The CJEU in resolving disputes with foreign companies has been regulated in the Maastricht treaty and the submission of foreign companies is also related to the opposing party which is a company flagged by a member state of the EU. The use of the CJEU in resolving disputes requires parties to maximize all judicial remedies available at the national level first before proceeding to the international level.

Introduction. Import substitution is one of the key tasks of Russian politics and the economy of recent decades, which determines the relevance of studying this concept in other regions of the world to create the prerequisites for its most effective integration in our country. Back in 2022, parallel imports in our country began to be legalized by implementing the international principle of exclusive rights exhaustion. The purpose of the work is to analyze various regional approaches to import substitution and parallel import. Materials and Methods. The object of the study is the institutions implementing the legal regulation of import substitution and parallel imports in the Latin American, East Asian, North American and African regions, in particular the institution of exclusive rights exhaustion to trademarks, compulsory licensing, etc. in doctrinal and historical aspects. In the course of the study, an analysis of key legal acts related to the registration of import substitution policy and the legalization of parallel imports in the most representative countries of various regions of the world was carried out. The doctrines and judicial practice of some foreign countries concerning import substitution, exclusive rights exhaustion, parallel imports and compulsory licensing were studied. Results. As a result of the analysis of the import substitution policy in various regions of the world, it was concluded that it is advisable to develop in our country our own most adequate way for introducing import-substituting practices, in particular, combining tariff and non-tariff methods of protectionist influence on the economy. The domestic concept of exclusive law is currently undergoing a stage of transformation from “pro-author” to a kind of “mixed”, giving it uniqueness and identity. The national principle is legislatively enshrined in Art. 1487 of the Civil Code of the Russian Federation, however, judicial and administrative, in particular customs practice, is already guided by the “pro-market” model, implementing the international principle of exhaustion, laid down in by-laws. Discussion and Conclusion. We consider it expedient to form at the level of the CIS countries and other friendly states the creation of international organizations with similar functions aimed at paternally regulating the economies of the participating countries and creating optimal conditions for the implementation of the import substitution policy. The data obtained by the authors may be of practical significance for representatives of the legal, economic, business community, practicing lawyers, teachers and entrepreneurs, as well as representatives of the lawmaking initiative.

A registered trademark represents one of a company's most valuable intellectual assets, acting as a safeguard against possible reputational damage and financial losses resulting from infringements of this intellectual property. To be registered, a mark must be unique and distinctive in relation to other trademarks which are already registered. In this paper, we describe the CMAD, an acronym for Conflicting Marks Archive Dataset. This dataset has been meticulously organized into pairs of marks (Number of pairs = 18,355) involved in copyright infringement across word, figurative and mixed marks. Organizations sought to register these marks with the National Institute of Industrial Property (INPI) in Brazil, and had their applications denied after analysis by intellectual property specialists. The robustness of this dataset is ensured by the intrinsic similarity of the conflicting marks, since the decisions were made by INPI specialists. This characteristic provides a reliable basis for the development and testing of tools designed to analyze similarity between marks, thus contributing to the evolution of practices and computer-based solutions in the field of intellectual property. Dataset:  https://doi.org/10.5281/zenodo.10608109 Dataset License: CC-BY 4.0 [ABSTRACT FROM AUTHOR]

The article discusses the features and reasons for the development of electric vehicles in the context of intensifying globalization processes and limited resources. It is substantiated that motorization is a key factor in the development of developed countries. Therefore, the presence of a competitive and well-functioning automotive market is an important condition for successful economic growth. The experience of foreign countries in stimulating the production and consumption of electric vehicles has been studied. Current trends in the development of the global electric vehicle market have been analyzed. It has been found that more than a third of the global market (over 36%) of electric vehicles is occupied by three manufacturers: BYD, Tesla and Volkswagen. An analysis of the global electric vehicle market by country shows that three countries are the leaders in electric vehicle sales: China, Europe, and the United States. It has been observed that China is ahead of other leading countries in terms of electric vehicle consumption, and the following companies have the greatest demand for electric vehicles in its market: BYD, SAIC and Tesla. Chinese manufacturers are showing faster growth rates in electric vehicle production than leading American and European companies. The article classifies the problems of development of the global market for electric vehicles: the global energy crisis, shortage of resource components for electric vehicles, the Covid-19 pandemic, uneven development of countries, institutional factors. Taking into account current global development trends, we conclude that the global electric vehicle market will develop at a rapid pace, effectively solving the problems hindering the growth of electric vehicle production. It has been substantiated that Ukraine has the potential to produce electric vehicles. Using the latest Industry 4.0 technologies and research and production potential, Ukraine can produce cars of a new generation, since developments in this area do not stop. Based on the graphic of the Ukrainian alphabet «Ruthenia», a sample trademark for the national electric vehicle has been developed and proposed. It has been established that this graphic most closely matches the functions and requirements of developing a national trademark. The proposed trademark reflects the features of the national manufacturer, indicates the latest technologies and will attract the attention of consumers. [ABSTRACT FROM AUTHOR]

The publication updates the issue of intellectual property of colors and highlights the main changes regarding non-traditional trademarks that have taken place in the world in recent years. The article examines the American, European, and Ukrainian practice of registering colors as nontraditional signs and analyzes the conditions of intellectual property protection in the era of the post-industrial digital society. It is noted that today many companies consider one or more colors to be characteristic features of their brands and seek to protect them from appropriation. And it is not surprising. Marketing methods evolve and keep up with the times. All professional marketers know the influence colors have on people and actively use them [1, p. 4]. They are increasingly playing with clip thinking and the cognitive functions of the human brain. Color is the first thing that the consumer pays attention to. His initial judgments are based on this characteristic. Only then does he see the form and content of the product. Even after a detailed study of the product, the consumer will be actively influenced by the color, because for many, the color of the package is an indicator of quality. In the 21st century, every company tries to create such associations with its brand that are better remembered and emphasize its uniqueness and excellence in the conditions of the information society. The practice of «appropriating» colors is closely related to the struggle of brands for recognition among their target audience and attracting new ones. Obtaining protection for such a specific trademark under trademark law is not easy. De jure, a trademark in the form of a single color or a combination of colors is possible. However, there is still little guidance on the requirements for valid color stamps. That is why there are special difficulties in sufficiently accurate display of such signs. The work includes an overview of the main provisions of international legal acts: the Paris Convention on the Protection of Industrial Property Rights, Regulation (EU) No. 2017/1001 of the European Parliament and of the Council of June 14, 2017, on the European Union trademark, the Langham Act (the US Trademark Act ), etc. Several international precedents are also examined: from Owens Corning defending its shade of pink in 1985 to Nestlé’s battle against Cadbury over a variant of purple. The article notes what criteria must be met by non-traditional trademarks and how Western countries fight the monopolization of colors. [ABSTRACT FROM AUTHOR]

Functional dimensions and technical aspects of products are only protectable through the patent system. Therefore, other branches of intellectual property law -trademark law, industrial design law, literary and artistic property law (copyright)- cover only the nonfunctional features of products. This distinguishing feature is described as "Non-functional requirement". It seems that this requirement is intended to separate the scope of patent system from other branches of intellectual property law and promote efficient competition in the market. Despite the apparent similarity of all three systems concerning the nonfunctional requirement, the important issue is whether or not the concept and test of therequirement can be interpreted the same in all three systems, namely trademark, industrial design and copyright? Since this article, examining the non-functional requirement in all three aforementioned systems, finally with a comparative study of the issue in severalcountries conclude that according to the theoretical basis of such requirement in all above systems and their nature, the non-functional requirement has a wider scope in trademark law; for this reason, it is not possible to provide a uniform test for its determination in all three systems. At the end, based on the results of the issue in different countries, suitable legal solutions for all three systems, regarding legislating or applying appropriate criteria todetermine the requirement, has been presented in Iran's law. [ABSTRACT FROM AUTHOR]

The purpose of developing trademarks as a tool in economic activity and in marketing practice, in particular, is to establish a distinction for the products of its owner, serving both his/her interests and those of consumers as concerns to the absence of delusions and unambiguous awareness of the origin of goods and services. However, how this differentiation is achieved and protected in a regulated way against deliberate or apparently good faith encroachments is the subject of legislation that does not always manage to set clear criteria and at least needs several points of view and interpretations. In this context, the article derives and interprets selected texts from the most important national and international normative acts (such as the Paris Convention, the EU Regulation and the local competition law), and at the end points out an exemplary litigation that arose on the basis of "similarity" to a well-known brand, considered unfair competition [ABSTRACT FROM AUTHOR]

Copyright of Journal of Actual Problems of Jurisprudence / Habaršy. Zan̦ Seriâsy is the property of Al-Farabi Kazakh National University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Süleyman Demirel Law Review / Süleyman Demirel Üniversitesi Hukuk Fakültesi Dergisi is the property of Suleyman Demirel Universitesi Hukuk Fakultesi Dergisi and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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Machine learning systems, a form of artificial intelligence (AI), are increasingly being deployed both for the creation of innovative works and the administration of intellectual property (IP) rights associated with those works. At the same time, evidence of racial bias in IP systems is manifest and growing. Legal scholars have already noted that as AI becomes part of the intellectual property landscape, the biases present in existing IP systems may infect algorithmic processes trained on data from past practices. Unfortunately, much of the discussion to date conflates technical biases in AI systems with social biases, requiring disambiguation of the two. The latter type of bias, social bias, is already endemic throughout IP, and so the addition of AI systems requires special consideration only to the extent that they present special problems.In this Essay I begin identifying such social bias problems that are particular to algorithmic determinations through AI processing. One set of problems relates to the illusion of numerical objectivity; AI outputs tend to be assigned undue weight due to the universal but fallacious impression that they are objective and neutral. A second set of problems relates to the performative nature of algorithmic processes; they tend to produce the effects that they assume and, in the intellectual property context, hold the potential for altering the nature of protected works. Identifying these problems indicates that currently proposed solutions will be inadequate, and points toward a different approach to dealing with racial bias in algorithmic IP.

There are many business actors marketing products that resemble well-known brands in Indonesia. To prove whether the Passing Off phenomenon occurs or not in Indonesia, the authors use The Classical Trinity Theory. The article’s aim is to explain the socio–juridical dimensions of passing off in Indonesia. Seeing that in Indonesia there are many business actors marketing products that resemble well-known brands. To prove whether the Passing Off phenomenon occurs or not in Indonesia, the author uses The Classical Trinity Theory. The research uses a juridical-normative method, with statute and conceptual approach based on literature study, analyzed qualitatively. The Classical Trinity Theory is a theory used as a basis for assessment which states whether a passing-off action occurred or not. First, Goodwill, is whether business actors use the reputation of well-known brand owners to support their business. Second, misrepresentation, there is confusion by consumers regarding genuine products and fake products. Third, damage, there is an element of deceptive branding and goods or services which could very well result in losses experienced by the owner of the well-known brand as a result of copying the company's identity.

It is hard to imagine living in a color-free world, where color is weaved at every moment of life, and used to determine everything from our appearance to our mood. Humans perceive color before shape, words, or movement; the trait of color is to give contrast, contradiction, homogeneity, and harmony in the combination of the overall visual unit of design. This is reflected in trademark design, where choosing its colors correctly helps communicate better and more effectively with the target audience. When choosing the trademark colors, you also choose the feelings and associations that it seeks to evoke with the audience, and the color becomes a shortcut for conveying visual details for that trademark. The subjective experience of the target audience is one of the important factors that influence their perception for color connotations in trademark. It also plays an important role in the process of visual perception, as it helps interpret new things and give them meaning. The subjective experience also affects the interpretation of the symbols used in the trademark; as it gives the target audience the meanings of things he perceives and helps him understand the trademark. This subjective experience is built by many factors such as family, cultural and social environment.The research attempts to clarify the importance of the designer's study of the subjective experience of target audience in order to choose the color of the trademark that is appropriate to them and that does not conflict with their culture or experience.

Abstract This paper examines the Plain Packaging Policy on tobacco products that has been implemented by Australia since 2012. Indonesia has sued Australia in the WTO DSB forum based on the provisions of GATT, TBT, and TRIPs. However, Indonesia lost the dispute along with several other tobacco-producing countries. Seeing Australia’s victory, various countries – especially countries that are parties to the Framework Convention on Tobacco Control – followed Australia and implemented a similar policy. As a result, there are various objections to the Plain Packaging Policy, both from tobacco producing countries and the tobacco industry itself, because it is considered to cause discriminatory treatment of trademark protection. This paper will contain an analysis of the basis of Indonesia’s lawsuit from the perspective of the TRIPs and the Paris Convention and include a comparison between several countries that have implemented the plain packaging policies. Abstrak Tulisan ini mengkaji Kebijakan Kemasan Polos pada produk tembakau yang sejak 2012 lalu mulai diterapkan oleh Australia. Indonesia telah menggugat Australia di forum DSB WTO berdasarkan ketentuan GATT, TBT, dan TRIPs. Namun Indonesia kalah pada sengketa tersebut bersama dengan beberapa negara produsen tembakau lainnya. Melihat kemenangan Australia, berbagai negara – terutama negara-negara yang menjadi pihak dalam Framework Convention on Tobacco Control – mengikuti Australia dan turut menerapkan kebijakan serupa, Akibatnya, terdapat berbagai penolakan terhadap Kebijakan Kemasan Polos tersebut, baik dari negara produsen tembakau, maupun industri tembakau itu sendiri, karena dianggap menimbulkan perlakuan diskriminatif atas perlindungan merek dagang. Tulisan ini akan memuat analisa terkait dasar gugatan Indonesia dari perspektif TRIPs dan Paris Convention serta memuat perbandingan antara beberapa negara yang sudah menerapkan kebijakan kemasan polos.

Distinctiveness is a fundamental element of a protectable trademark, referring to its ability to differentiate goods and services of one person from those of others and indicate the source of origin. This component usually needs to be inherent, meaning that the trademark should possess this characteristic at the time of filing for registration. However, certain marks can acquire distinctiveness over time through continuous investment, advertising, and activities carried out by the mark's owner. The stance of different countries regarding acquired distinctiveness is not uniform, especially considering that trademarks are not of a single type, and we are currently witnessing the proliferation of non-traditional and modern marks that effectively serve as distinctive indicators with new approaches. This research employs an analytical-descriptive method, along with a library and field approach, to undertake a comparative study of this subject in selected legal systems. Ultimately, the research concludes that the significance of these marks has become evident today,and factors such as continuous use have been influential in establishing acquired distinctiveness. Additionally, the sufficiency or insufficiency of each adopted criterion in proving acquired distinctiveness appears to be dependent on the specific circumstances. Furthermore, signs of acceptance of acquired distinctiveness can be observed in the legal system of Iran.