Although intellectual property value can be very high, due to the inflexibility of the banking sector, financing based on the pledge of intellectual property rights is underdeveloped in almost all countries of the world due to understandable creditors need to avoid the risks. For this reason, the aim of this work is to identify and investigate the problems associated with the pledge of intellectual property rights and to examine the possibilities of pledging different intellectual property rights. First chapter analyses different objects of intellectual property rights (plant variates, copyright and related rights, designs, tradenames, trade secrets, patents and trademarks) that can be the object of a pledge. Issues that may arise in order to pledge these objects, as well as, national and international protection and their compatibility with property law are discussed. Also, the case law of the European Court of Human Rights, the Court of Justice of the European Union, the General Court of the European Union and the Supreme Court of Lithuania related to intellectual property rights and pledge issues are discussed. Second chapter reviews the main methods of assessing the value of intellectual property rights used in practice, such as qualitative and quantitative valuations, their methods and how they could be applied in practice to pledge intellectual property rights. Third chapter, discusses the end of the pledge of intellectual property rights and the basics of realization of pledged intellectual property rights. Issues of applicable law related to international agreements on the pledge of intellectual property rights are also discussed.
Although intellectual property value can be very high, due to the inflexibility of the banking sector, financing based on the pledge of intellectual property rights is underdeveloped in almost all countries of the world due to understandable creditors need to avoid the risks. For this reason, the aim of this work is to identify and investigate the problems associated with the pledge of intellectual property rights and to examine the possibilities of pledging different intellectual property rights. First chapter analyses different objects of intellectual property rights (plant variates, copyright and related rights, designs, tradenames, trade secrets, patents and trademarks) that can be the object of a pledge. Issues that may arise in order to pledge these objects, as well as, national and international protection and their compatibility with property law are discussed. Also, the case law of the European Court of Human Rights, the Court of Justice of the European Union, the General Court of the European Union and the Supreme Court of Lithuania related to intellectual property rights and pledge issues are discussed. Second chapter reviews the main methods of assessing the value of intellectual property rights used in practice, such as qualitative and quantitative valuations, their methods and how they could be applied in practice to pledge intellectual property rights. Third chapter, discusses the end of the pledge of intellectual property rights and the basics of realization of pledged intellectual property rights. Issues of applicable law related to international agreements on the pledge of intellectual property rights are also discussed.
Although intellectual property value can be very high, due to the inflexibility of the banking sector, financing based on the pledge of intellectual property rights is underdeveloped in almost all countries of the world due to understandable creditors need to avoid the risks. For this reason, the aim of this work is to identify and investigate the problems associated with the pledge of intellectual property rights and to examine the possibilities of pledging different intellectual property rights. First chapter analyses different objects of intellectual property rights (plant variates, copyright and related rights, designs, tradenames, trade secrets, patents and trademarks) that can be the object of a pledge. Issues that may arise in order to pledge these objects, as well as, national and international protection and their compatibility with property law are discussed. Also, the case law of the European Court of Human Rights, the Court of Justice of the European Union, the General Court of the European Union and the Supreme Court of Lithuania related to intellectual property rights and pledge issues are discussed. Second chapter reviews the main methods of assessing the value of intellectual property rights used in practice, such as qualitative and quantitative valuations, their methods and how they could be applied in practice to pledge intellectual property rights. Third chapter, discusses the end of the pledge of intellectual property rights and the basics of realization of pledged intellectual property rights. Issues of applicable law related to international agreements on the pledge of intellectual property rights are also discussed.
Although intellectual property value can be very high, due to the inflexibility of the banking sector, financing based on the pledge of intellectual property rights is underdeveloped in almost all countries of the world due to understandable creditors need to avoid the risks. For this reason, the aim of this work is to identify and investigate the problems associated with the pledge of intellectual property rights and to examine the possibilities of pledging different intellectual property rights. First chapter analyses different objects of intellectual property rights (plant variates, copyright and related rights, designs, tradenames, trade secrets, patents and trademarks) that can be the object of a pledge. Issues that may arise in order to pledge these objects, as well as, national and international protection and their compatibility with property law are discussed. Also, the case law of the European Court of Human Rights, the Court of Justice of the European Union, the General Court of the European Union and the Supreme Court of Lithuania related to intellectual property rights and pledge issues are discussed. Second chapter reviews the main methods of assessing the value of intellectual property rights used in practice, such as qualitative and quantitative valuations, their methods and how they could be applied in practice to pledge intellectual property rights. Third chapter, discusses the end of the pledge of intellectual property rights and the basics of realization of pledged intellectual property rights. Issues of applicable law related to international agreements on the pledge of intellectual property rights are also discussed.
Intellectual property law in Lithuania is undergoing essential reform since restoration of Lithuanian independence. Most of the attention is dedicated to the development of statutory law. Examples from Lithuanian legal practice indicate that philosophical aspect of intellectual property remains forgotten. Even when statutory law governing intellectual property in Lithuania is harmonized with the international practice, automatic transfer of rules may not be justified. It is essential to understand the reasons and philosophical grounds of protection of intellectual property. Only in this way it is possible to solve practical problems, evaluate the relationship between the holders of exclusive rights and public interests, and to solve conflicts in the best possible way. The paper analyses main arguments and manifestation of natural and utilitarian concepts of law in intellectual property legal practice, paying special attention to property issue. The arguments of the natural and utilitarian concepts of law vary greatly, they stress different phenomenon and different priorities. Nevertheless, after summarising their ideas, one can state that establishment of property rights and their protection system is needed mainly because of scarce resources. Some justify acquisition of property because of its natural character, because of work put into it; the others justify property because of its social value, since private property allows exhaustion and distribution of scarce resources in the most efficient way. Despite different positions regarding purpose and aim of property rights, it is accepted that essential feature of property objects is their scarcity. The term "intellectual property" encourages drawing parallels and analogies with property rights to material objects. At a theoretical level, however, interpretation of intellectual property objects and rights analogously as traditional material property raises many discussions. The main arguments of the opponents of intellectual property are related to the relationship between intellectual and material property. Practical examples indicate that traditional concepts of property are not sufficient to provide consistent reasoning of intellectual property, because of specific nature of intellectual property, intangible objects, possibilities of information dissemination and other factors. It is rather easy to identify how concepts of law manifest in legal regulation, court practise, state politics, etc. Their ability to influence legal practise, however, is limited. There is no clear balance between natural and utilitarian concepts of law regarding intellectual property protection in Lithuanian practice. Questions of nature of intellectual property, principles of its existence and protection are not analysed in Lithuanian practice. Moreover, the politics of the Lithuanian legislator in this field is unclear and chaotic.
Intellectual property law in Lithuania is undergoing essential reform since restoration of Lithuanian independence. Most of the attention is dedicated to the development of statutory law. Examples from Lithuanian legal practice indicate that philosophical aspect of intellectual property remains forgotten. Even when statutory law governing intellectual property in Lithuania is harmonized with the international practice, automatic transfer of rules may not be justified. It is essential to understand the reasons and philosophical grounds of protection of intellectual property. Only in this way it is possible to solve practical problems, evaluate the relationship between the holders of exclusive rights and public interests, and to solve conflicts in the best possible way. The paper analyses main arguments and manifestation of natural and utilitarian concepts of law in intellectual property legal practice, paying special attention to property issue. The arguments of the natural and utilitarian concepts of law vary greatly, they stress different phenomenon and different priorities. Nevertheless, after summarising their ideas, one can state that establishment of property rights and their protection system is needed mainly because of scarce resources. Some justify acquisition of property because of its natural character, because of work put into it; the others justify property because of its social value, since private property allows exhaustion and distribution of scarce resources in the most efficient way. Despite different positions regarding purpose and aim of property rights, it is accepted that essential feature of property objects is their scarcity. The term "intellectual property" encourages drawing parallels and analogies with property rights to material objects. At a theoretical level, however, interpretation of intellectual property objects and rights analogously as traditional material property raises many discussions. The main arguments of the opponents of intellectual property are related to the relationship between intellectual and material property. Practical examples indicate that traditional concepts of property are not sufficient to provide consistent reasoning of intellectual property, because of specific nature of intellectual property, intangible objects, possibilities of information dissemination and other factors. It is rather easy to identify how concepts of law manifest in legal regulation, court practise, state politics, etc. Their ability to influence legal practise, however, is limited. There is no clear balance between natural and utilitarian concepts of law regarding intellectual property protection in Lithuanian practice. Questions of nature of intellectual property, principles of its existence and protection are not analysed in Lithuanian practice. Moreover, the politics of the Lithuanian legislator in this field is unclear and chaotic.
Intellectual property law in Lithuania is undergoing essential reform since restoration of Lithuanian independence. Most of the attention is dedicated to the development of statutory law. Examples from Lithuanian legal practice indicate that philosophical aspect of intellectual property remains forgotten. Even when statutory law governing intellectual property in Lithuania is harmonized with the international practice, automatic transfer of rules may not be justified. It is essential to understand the reasons and philosophical grounds of protection of intellectual property. Only in this way it is possible to solve practical problems, evaluate the relationship between the holders of exclusive rights and public interests, and to solve conflicts in the best possible way. The paper analyses main arguments and manifestation of natural and utilitarian concepts of law in intellectual property legal practice, paying special attention to property issue. The arguments of the natural and utilitarian concepts of law vary greatly, they stress different phenomenon and different priorities. Nevertheless, after summarising their ideas, one can state that establishment of property rights and their protection system is needed mainly because of scarce resources. Some justify acquisition of property because of its natural character, because of work put into it; the others justify property because of its social value, since private property allows exhaustion and distribution of scarce resources in the most efficient way. Despite different positions regarding purpose and aim of property rights, it is accepted that essential feature of property objects is their scarcity. The term "intellectual property" encourages drawing parallels and analogies with property rights to material objects. At a theoretical level, however, interpretation of intellectual property objects and rights analogously as traditional material property raises many discussions. The main arguments of the opponents of intellectual property are related to the relationship between intellectual and material property. Practical examples indicate that traditional concepts of property are not sufficient to provide consistent reasoning of intellectual property, because of specific nature of intellectual property, intangible objects, possibilities of information dissemination and other factors. It is rather easy to identify how concepts of law manifest in legal regulation, court practise, state politics, etc. Their ability to influence legal practise, however, is limited. There is no clear balance between natural and utilitarian concepts of law regarding intellectual property protection in Lithuanian practice. Questions of nature of intellectual property, principles of its existence and protection are not analysed in Lithuanian practice. Moreover, the politics of the Lithuanian legislator in this field is unclear and chaotic.
Intellectual property law in Lithuania is undergoing essential reform since restoration of Lithuanian independence. Most of the attention is dedicated to the development of statutory law. Examples from Lithuanian legal practice indicate that philosophical aspect of intellectual property remains forgotten. Even when statutory law governing intellectual property in Lithuania is harmonized with the international practice, automatic transfer of rules may not be justified. It is essential to understand the reasons and philosophical grounds of protection of intellectual property. Only in this way it is possible to solve practical problems, evaluate the relationship between the holders of exclusive rights and public interests, and to solve conflicts in the best possible way. The paper analyses main arguments and manifestation of natural and utilitarian concepts of law in intellectual property legal practice, paying special attention to property issue. The arguments of the natural and utilitarian concepts of law vary greatly, they stress different phenomenon and different priorities. Nevertheless, after summarising their ideas, one can state that establishment of property rights and their protection system is needed mainly because of scarce resources. Some justify acquisition of property because of its natural character, because of work put into it; the others justify property because of its social value, since private property allows exhaustion and distribution of scarce resources in the most efficient way. Despite different positions regarding purpose and aim of property rights, it is accepted that essential feature of property objects is their scarcity. The term "intellectual property" encourages drawing parallels and analogies with property rights to material objects. At a theoretical level, however, interpretation of intellectual property objects and rights analogously as traditional material property raises many discussions. The main arguments of the opponents of intellectual property are related to the relationship between intellectual and material property. Practical examples indicate that traditional concepts of property are not sufficient to provide consistent reasoning of intellectual property, because of specific nature of intellectual property, intangible objects, possibilities of information dissemination and other factors. It is rather easy to identify how concepts of law manifest in legal regulation, court practise, state politics, etc. Their ability to influence legal practise, however, is limited. There is no clear balance between natural and utilitarian concepts of law regarding intellectual property protection in Lithuanian practice. Questions of nature of intellectual property, principles of its existence and protection are not analysed in Lithuanian practice. Moreover, the politics of the Lithuanian legislator in this field is unclear and chaotic.
In order the subjects of intellectual property could participate actively in the international trade, and seeking to avoid unfair competence, their rights must be protected. To this purpose international organizations have been established and a number of international conventions have been signed. Customs plays a very important role while protecting the property that participates in the international trade. The topic of the final master's thesis is "Customs Protection of Intellectual Property Rights". The problem raised in the thesis is the increment in number of violation of intellectual property right. It should be noted that in the presence of depressed economic situation the violators of intellectual property rights started falsifying not only luxury goods. Falsified goods, which enter the market, may make harm to the consumers. However, in the presence of depressed economic situation and when national authorities receive lower financing than usually, there may arise a problem of intellectual property rights protection. The thesis has raised hypothesis: While the activity effectiveness of Lithuanian customs is increasing, having protection the rights of intellectual ownership and strengthening the high against falsification and piracy, the expected economic effect is not achieved. The aim of the thesis is to reveal how effectively and economically the Customs of the Republic of Lithuania protects intellectual property rights. The objectives of the thesis are as follows: to describe the importance of intellectual property in the international trade, to mark the main international organizations and national institutions which are of highest importance while protecting intellectual property rights; to specify the role of trademarks in the international trade; to carry out the analysis of customs protection of intellectual property rights in Lithuania; to analyze the perspectives of customs protection of intellectual property rights. Master's thesis consists of four parts, which are as follows: Intellectual Property in the International Trade; International and National Legislations Regulating the Protection of Intellectual Property Rights; Analysis of Statistical Data relating to Customs Protection of Intellectual Property Rights in Lithuania; Future perspectives of Customs Protection of Intellectual Property Rights.
In order the subjects of intellectual property could participate actively in the international trade, and seeking to avoid unfair competence, their rights must be protected. To this purpose international organizations have been established and a number of international conventions have been signed. Customs plays a very important role while protecting the property that participates in the international trade. The topic of the final master's thesis is "Customs Protection of Intellectual Property Rights". The problem raised in the thesis is the increment in number of violation of intellectual property right. It should be noted that in the presence of depressed economic situation the violators of intellectual property rights started falsifying not only luxury goods. Falsified goods, which enter the market, may make harm to the consumers. However, in the presence of depressed economic situation and when national authorities receive lower financing than usually, there may arise a problem of intellectual property rights protection. The thesis has raised hypothesis: While the activity effectiveness of Lithuanian customs is increasing, having protection the rights of intellectual ownership and strengthening the high against falsification and piracy, the expected economic effect is not achieved. The aim of the thesis is to reveal how effectively and economically the Customs of the Republic of Lithuania protects intellectual property rights. The objectives of the thesis are as follows: to describe the importance of intellectual property in the international trade, to mark the main international organizations and national institutions which are of highest importance while protecting intellectual property rights; to specify the role of trademarks in the international trade; to carry out the analysis of customs protection of intellectual property rights in Lithuania; to analyze the perspectives of customs protection of intellectual property rights. Master's thesis consists of four parts, which are as follows: Intellectual Property in the International Trade; International and National Legislations Regulating the Protection of Intellectual Property Rights; Analysis of Statistical Data relating to Customs Protection of Intellectual Property Rights in Lithuania; Future perspectives of Customs Protection of Intellectual Property Rights.
The principle of exhaustion of intellectual property rights is an institute of intellectual property law closely related to international trade and the principle of free movement of goods. This principle causes not only legal but also important economic consequences. There are three types of the principle of exhaustion - national, regional and international exhaustion of intellectual property rights. In the European Union law a regional exhaustion was established by a whole series of decisions of the European Court of Justice (ECJ). The main purpose of the exhaustion rule is to prevent intellectual property owners from using their exclusive rights in order to partition the market, to safeguard the balance between the protection of intellectual property rights and the principle of free movement of goods in the Community. The application of the exhaustion rule determines that once goods protected by any right of intellectual property are placed on the market by or with the consent of the right-owner, the right to control further distribution of these goods are exhausted. Trade marks are of fundamental importance in the market. Exhaustion of trade mark rights is an issue most related to the problematic of parallel trade. The Article 7 of the Trade mark Directive, which establishes the exhaustion of trade mark rights, is one of the most controversial articles of this Directive. It was concluded in Silhouette case that Article 7 of the Trade Mark Directive precluded Member States from applying international exhaustion. There are a lot of discussions concerning current regional exhaustion of trade mark rights and the possible change of it, the economic consequences of regional and international exhaustion of trade mark rights. The European Commission was considering the revision of the Trade mark Directive, so as to withdraw regional and start to apply international exhaustion of trade mark rights. According to the fact that patent law is not fully harmonized in the European Union, the economic justification of patent law is different than that of trade mark law, the exhaustion of patent rights is analysed separate. It is difficult to make the unambiguous conclusion concerning possible consequences of international exhaustion of trade mark rights, whereas international exhaustion of patent rights is hardly possible. International exhaustion of patent rights would have particularly negative impact to innovation in the European Union, to the competitivness of the European Union industry.
The principle of exhaustion of intellectual property rights is an institute of intellectual property law closely related to international trade and the principle of free movement of goods. This principle causes not only legal but also important economic consequences. There are three types of the principle of exhaustion - national, regional and international exhaustion of intellectual property rights. In the European Union law a regional exhaustion was established by a whole series of decisions of the European Court of Justice (ECJ). The main purpose of the exhaustion rule is to prevent intellectual property owners from using their exclusive rights in order to partition the market, to safeguard the balance between the protection of intellectual property rights and the principle of free movement of goods in the Community. The application of the exhaustion rule determines that once goods protected by any right of intellectual property are placed on the market by or with the consent of the right-owner, the right to control further distribution of these goods are exhausted. Trade marks are of fundamental importance in the market. Exhaustion of trade mark rights is an issue most related to the problematic of parallel trade. The Article 7 of the Trade mark Directive, which establishes the exhaustion of trade mark rights, is one of the most controversial articles of this Directive. It was concluded in Silhouette case that Article 7 of the Trade Mark Directive precluded Member States from applying international exhaustion. There are a lot of discussions concerning current regional exhaustion of trade mark rights and the possible change of it, the economic consequences of regional and international exhaustion of trade mark rights. The European Commission was considering the revision of the Trade mark Directive, so as to withdraw regional and start to apply international exhaustion of trade mark rights. According to the fact that patent law is not fully harmonized in the European Union, the economic justification of patent law is different than that of trade mark law, the exhaustion of patent rights is analysed separate. It is difficult to make the unambiguous conclusion concerning possible consequences of international exhaustion of trade mark rights, whereas international exhaustion of patent rights is hardly possible. International exhaustion of patent rights would have particularly negative impact to innovation in the European Union, to the competitivness of the European Union industry.
Master's thesis aims to reveal the relationship between intellectual property rights and competition law, when the right to information constituting business secret is executed. Therefore, this work analyzes the features of business secret conception and regulation of its protection, relations with intellectual property, influence on competition by executing rights to intellectual property as far as they are related to business secret transfer to third parties, also, interaction of exercising the objects of intellectual property and application of competitive restrains in the context of business secrets regulation. The first part analyzes the conception of business secret determined in the legislation of the Republic of Lithuania, the European Union, the United States and international law, as well as in the legal doctrine. Moreover, the model list of objects of trade secret is given and the features of terms, which are used to define business secrets, are analyzed. The second part reveals the features of commercial (industrial) secret regulation, clarifies the law regulating commercial secrets, relations between commercial secrets and intellectual property rights, also the interaction between intellectual property and competition law in the regulation of business secrets. Trade secrets as intellectual property is also subject to the civil turnover and the choice of the owner of intangible assets how to exercise the right to information constituting business secret may have an influence on competition. Therefore, the third part deals with the licencing agreement as a business secret transfer method and analyzes the concept, types of licencing, features of the object, which can be licenced, the content of licencing arrangements, the reasons and purposes to licence secret information, evaluation of the influence on competition in the European Union and United States law. The last part is devoted to the analysis of the Microsoft case, as far as it concerned with a refusal to provide certain information when a company is abusing its dominant position.
Master's thesis aims to reveal the relationship between intellectual property rights and competition law, when the right to information constituting business secret is executed. Therefore, this work analyzes the features of business secret conception and regulation of its protection, relations with intellectual property, influence on competition by executing rights to intellectual property as far as they are related to business secret transfer to third parties, also, interaction of exercising the objects of intellectual property and application of competitive restrains in the context of business secrets regulation. The first part analyzes the conception of business secret determined in the legislation of the Republic of Lithuania, the European Union, the United States and international law, as well as in the legal doctrine. Moreover, the model list of objects of trade secret is given and the features of terms, which are used to define business secrets, are analyzed. The second part reveals the features of commercial (industrial) secret regulation, clarifies the law regulating commercial secrets, relations between commercial secrets and intellectual property rights, also the interaction between intellectual property and competition law in the regulation of business secrets. Trade secrets as intellectual property is also subject to the civil turnover and the choice of the owner of intangible assets how to exercise the right to information constituting business secret may have an influence on competition. Therefore, the third part deals with the licencing agreement as a business secret transfer method and analyzes the concept, types of licencing, features of the object, which can be licenced, the content of licencing arrangements, the reasons and purposes to licence secret information, evaluation of the influence on competition in the European Union and United States law. The last part is devoted to the analysis of the Microsoft case, as far as it concerned with a refusal to provide certain information when a company is abusing its dominant position.
This work Peculiarities of mass communication marketable mark protection in Lithuania is an attempt to analyze juridical basis of the summary. Main consideration is paid to mass communication marketable mark, it's protection peculiarities in Lithuania, because very big importance on the development of economics stimulates the improvement of marketable marks protection. Serious consideration is paid to efficiency of the protection of authors rights as the most vulnerable rights. The subject of research is protection of mass communication marketable mark in Lithuania. The aim of the research is to analyze the juridical basis of mass communication marketable mark in Lithuania. The goals of the research are: 1) to analyze aspects of intellectual property concept; 2) to discuss protection of author and conterminous rights; 3) to introduce the characteristic of the marketable mark's conception; 4) to compare the registration of marketable mark in Lithuania and abroad; 5) to analyze well known marketable mark's peculiarities; 6) to present to the rights of marketable mark's owner; 7) to disclose the aspects of plagiarism concept and to analyze the criterion of the marketable mark identity and similarity; 8) to find out how chosen respondents rate two similar mass communication marketable marks through quantitative research. The methods of the research: analytical, comparative, modelling, interview. Importance and topicality of the work. One of the most important marketable mark's parts is topic, which later on becomes as a symbol, which sometimes loses original meaning and assumes extra nuances. Not only big material contribution but also intellectual efforts are needful while creating marketable mark. Good and well known marketable mark is the way to a success in appropriate market sphere. Although all accept that effectual laws in Lithuania should vouch effective author rights' protection, practical realization of these rights very often is problematical. So systematic disquisition of this topic will help to survey, how the summary, which opens lots of prospects to the owner of it, is protected. The work is based on sources of Lithuanian authors: THE LAW OF AUTHOR AND CONTERMINOUS RIGHTS OF THE REPUBLIC OF LITHUANIA, THE LAW OF THE MARKETABLE MARK OF THE REPUBLIC OF LITHUANIA, Marketable mark: some aspects of theoretical conception (L. Bivainienė), instruction of marketable mark's registration in the Republic of Lithuania, THE RECORD OF MADRID PACT ABOUT INTERNATIONAL MARKETABLE MARK REGISTRATION, Protection of marketable mark (V. Viešiūnaitė) and others. To sum it up, the conclusion is: registration of the mark gives exclusive right to use this mark; to prohibit using of the same and the similar mark for others; to bring lawsuits and to demand compensation for contravention of the owner rights. The protection of marketable mark in Lithuania is regulated by the law of marketable mark. Widely known marketable marks are protected without formal administrative registration procedure. The largest and the most influential mass communication concerns in Lithuania are: MG Baltic, Achema Group, Hermis Capital, Rubicon Group, Joint-Sock Company "Lietuvos Rytas", Editions' Group of the Republic, Publishing industry of brothers Tomkai, Lithuanian national radio, and others. Accomplished quantitative research proves the statement that intellectual proprietary protection legislatively is effective in Lithuania, but real realization of it is still complicated.
