Industrial Ownership
Industrial Ownership
The term Industrial first appeared in the Paris Convention for the Protection of Industrial Property. The meaning of Industrial Property is not as narrow as the designation it receives, i.e., P.I., which means not only its application in industry and trade but also find application, also in agriculture, in the extractive industry, and at the same time products such as wines, wheat, tobacco leaves, fruits, various minerals, beers, flowers different. Protective P.I.s, according to the Hague Conference, are Patents, Trademarks, Industrial design, usable models in industry, trade name, the mark of origin of the product, geographical indication, and fighting unfair competition.
In recent years, know-how has also been incorporated. How to start to know what we mean as in the following we will talk, in specific points about their incorporation in Industrial Property as a separate branch.
1. Know-how is the knowledge and activities developed by a company or person gained from experience and research, which is difficult for third parties to imitate.
2. Therefore, know-how, unlike industrial secrets, has no essential characteristic of being secret, like the fact that it is discovered does not mean that it is not considered “know-how.”
3. Know-how means technical data, formulas, standards, technical information, specifications, processes, methods, code books, raw materials, and all information, knowledge, assistance, trade practices and secrets, and improvements.
An example of what know-how might look like.
2. Law in European culture.
In Europe, the opposite happens. When protecting the work, legislation in this area aims to protect the author as an individual. In continental law, copyright derives from the personality rights of the creator. Copyright is based mainly on the notions of natural law: Copyright is not created by law but has always existed in the human conscience. In the first philosophy of Droit d’auteure, copyright is generally an unlimited natural right that reflects the close connection between the author and his creation.
– This perception is also perceived in the name “Copyright.” Defense aims to respect creative activity and extends, beyond economic benefits, to moral rights.
The difference between copyright in common law countries and copyright in civil law countries is reflected in different rules, such as the American tradition of protecting recordings and radio and television programs. In contrast, the continental tradition uses a separate group for these works called neighboring rights. When the work is created during an employment relationship, Anglo-American law makes the first owner of the copyright the author’s employer, while continental law makes the author the owner. In Anglo-American law, the author’s moral rights are not recognized, while they are of particular importance in continental law.
CHAPTER II
CONCLUSIONS: Referring to the strategy for implementing intellectual property rights, we note that it will focus on the following four strategic objectives: 1. Completion of the regulatory and legislative framework.
1. Development and strengthening of institutions involved in implementing intellectual property rights.
2. This will include measures in the field of information technology, professional training; this will also cover the development of services such as awareness and education services to be provided by critical institutions to local partners and stakeholders;
3. Strengthening cooperation and coordination between institutions, both at the national level and the regional level or beyond, to improve the work in defense of intellectual property rights;
4. Raising public awareness in Albania regarding intellectual property rights; For the successful functioning of the intellectual property rights enforcement system, achieving each of the above objectives is essential. Each goal includes many actions and activities, some of which can be accomplished within a relatively short period and some of which may require at least medium-term effort.
Thus, the proposed action plan will distinguish between the short-term (2-year period) and the long-term (3-year period).
National Strategy 2010-2015; is a strategic document drafted by local and foreign specialists. The Strategy for the Protection of Intellectual Property Rights proposes finalizing the new Copyright Law as soon as possible, including implementing Community law and all obligations imposed by the TRIPS agreement.
The new draft law should be discussed with all institutes responsible for public tions and key actors influencing or engaging in intellectual property issues. The strategy proposes evaluating the new draft law by the following entities: 1. General Directorate of Patents and Trademarks (GDPT);
2. Albanian Copyright Office (ACDO);
3. General Directorate of State Police (GDPL);
4. General Directorate of Customs (GDC);
5. Ministry of Education, Ministry of Justice;
6. School of Magistrates;
Similarly, GDPT and ACDO will be responsible for the involvement of other institutions or agencies during the implementation of the strategy, such as the Ministry of Agriculture, Regional Tourism Agencies, publishers associations, as mentioned below. Due to the lack of complete transposition of the E.C. directives on copyright, it becomes necessary that Albania, together with the experts of the European Commission, should complete the new law on copyright, including the implementation of the law Community and all obligations imposed by the TRIPS agreement.
The new draft law on copyright should be discussed with all responsible government bodies and the public and approved as soon as possible. The new law should transpose the existing E.C. Directives, namely: Directive 2004/48 / E.C. “On the enforcement of intellectual property rights”; Directive 2001/29 / EC150 “On the harmonization of certain aspects of the information society”; Directive 2001/84 / E.C. “On the right of resale for the benefit of the author of an original work of art”; Directive 2006/115 / E.C. – amendments to Directive 92/100 / EEC; Directive 2006/116 / EC151 – amendments to Directive 93/98 / EEC.
