International Trade Law & Economic Globalization
Key Concepts on Intellectual Property Rights and Sustainable Development
Intellectual property rights; sustainable development; technology transfer; access to knowledge; green innovation; WIPO Development Agenda
The article examines how intellectual property rights may promote or obstruct sustainable development through innovation, access to knowledge, technology transfer, public health, and environmental protection. It evaluates international IP institutions and legal mechanisms, including the public domain, limitations and exceptions, patents, copyright, TRIPS, and the WIPO Development Agenda.
KESERŰ, BARNA ARNOLD
Criteria for Determining Whether a Trademark Is Well-Known
Criteria, famous trademark, trademarks with a reputation, well-known trademark
Nowadays, a trademark gives an incentive for commercial establishments to maintain the quality of their products or services such as COCA-COLA and Google. The customer will observe the trademark, indicating that certain products or services as a guarantee of quality. However, increasing figures of products appear on the market, which are similar to those marked with well-known trademarks. All these issues lead to the fact of how important is to protect well-known trademarks, which emerged strongly on the national and international forum. Recently, several trademark has international or worldwide renown and its reputation surpasses the country of origin where it has been registered and acquired fame in a relevant sector among the consumers’ public, then that trademark called “well-known” trademark. The criteria for determining whether a mark is well-known have two folds: First, they are decisive factors to distinguish theoretically between ordinary trademarks and the well-known trademarks; second, they are important to confer protection in case of infringement. This paper highlights the definition of trademark and famous trademark under EU, USA, and international approaches. In addition, this paper examines the criteria-if available- provided under the WIPO Joint Resolution Concerning provisions on the Protection of Well-known mark.
AL RAWASHDEH, WADDAH
Barriers to the Provision of Services and Justification
Freedom to provide services; freedom of establishment; Services Directive; internal market; proportionality; public interest
The article examines restrictions on the freedom of establishment and the cross-border provision of services under EU law. It analyses prohibited and reviewable requirements under the Services Directive, together with the public-interest and proportionality standards governing their justification.
KOVÁCS, ILDIKÓ
Transfiguring Indonesian Patent Law Enforcement by Considering Development of Patent Protection...
Patent law; intellectual property; Indonesian law; first-to-file system; European patent system; ASEAN integration
The article evaluates Indonesian patent-law enforcement through comparison with developments in the European Union and the United States. It recommends stronger support for domestic inventors, greater legal certainty, and the creation of a unitary ASEAN patent system.
HERIYANTO, DODIK SETIAWAN NUR
Current issue
