The fourth sentence of Article 61 gives Members the option to criminalize other infringements of
intellectual property rights, in particular where they are committed wilfully and on a commercial scale. (...) Subject to these observations, the Panel
considers that the definitions in footnote 14 are relevant in understanding the terms used in Article 61."9
1.3.3 "on a commercial scale"
8. In China – Intellectual Property Rights, based on the evidence of presented to it, the Panel clarified the meaning of the term "on a commercial scale" in Article 51 as follows:
"[A] 'commercial scale' is the magnitude or extent of typical or usual commercial activity. (...) Article 60 also indicates that the negotiators did not equate small with non-
commercial, confirming that a 'commercial' scale is not necessarily small-scale nor large-scale."29
___
Current as of: June 2021
27 Panel Report, Saudi Arabia – Intellectual Property Rights, para. 7.219. 28 Panel Report, Saudi Arabia - Intellectual Property Rights, paras. 7.220-7.221. 29 Panel Report, China – Intellectual Property Rights, para. 7.553.
Language:English
Score: 1222772.4
-
https://www.wto.org/english/re...s_e/ai17_e/trips_art61_jur.pdf
Data Source: un
Microsoft Word - WTACCKHM5_LEG_12
I
File: 03 Commercial contract Law-Explanatory notes June 30 (1).doc
Explanatory notes to the Law of commercial contracts of April 2001 1
Introduction to the Law of Commercial Contracts of April 2001
LAW ON COMMERCIAL CONTRACTS 4
Chapter 1. (...) Payment of property carried on delivery 11 Article 61. Carrier’s right of retention of the property 12
Chapter 4. (...) Article 1 of the Law Bearing Upon Commercial Regulation and the Commercial Registered as amended by article 298 (a) of the Law of commercial enterprises of July 2000.
Language:English
Score: 1209859.8
-
https://www.wto.org/english/th...c_e/khm_e/WTACCKHM5_LEG_12.pdf
Data Source: un
Intellectual Property Commercialization: Policy Options and Practical Instruments | UNECE
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Intellectual Property Commercialization: Policy Options and Practical Instruments
Intellectual Property Commercialization: Policy Options and Practical Instruments
Economic Cooperation and Integration
Published:
September 2011
Innovation is the key driver of economic growth and development in the medium to long term. (...) The present publication is not intended to provide a cross-country analysis of intellectual property laws and their economic impact. Instead it focuses on practical problems of using intellectual property rights in the innovation process, i.e. on the commercialization of intellectual property, and on the question of what economic policy can do to support the various innovation stakeholders in this process. Specifically, it discusses the role of intellectual property in the transfer of technology from public research organizations to the business sector, the management of intellectual property in small and medium-sized enterprises, and the auditing, valuation of and accounting for intellectual property.
Language:English
Score: 1183313.5
-
https://unece.org/info/Economi...ation-and-Integration/pub/2103
Data Source: un
With these concerns in mind, which evidently were in the view of the Fiscal Committees of both the OEEC and the OECD, to achieve identifiable objectives that arise naturally from those concerns, the Model still, and the OECD Model formerly did define “royalties,” a term that may or may not depending on applicable private law of treaty partners have this connotation, to encompass payments for the use of business property other than intellectual and cultural property, and to include payments for the use of “industrial, commercial and scientific property”. (...) One way or another, as long as source country taxation is preserved, i.e., the source
country has the continuing right to tax the income from letting property; in jurisdictional terms there is no case in which an affected non-resident engaged in commercial enterprise in or with source country residents is not a business taxpayer in the source country. (...) This commentary proceeds on the assumption that generally, if property fitting the descriptions “industrial, commercial or scientific equipment” or software is involved, more likely than not the owner and purveyor of use rights respecting that property is engaged in business with respect to that property.
Language:English
Score: 1170856.3
-
https://www.un.org/esa/ffd/wp-...M_CRP6_Article12_Royalties.pdf
Data Source: un
ARBITRATION OF INTELLECTUAL PROPERTY DISPUTES IN
ETHIOPIA: EXPLORING THE LEGAL AND INSTITUTIONAL
GAPS
Roza Siyum Getachew*
ABSTRACT
The protection of intellectual property rights (IPR) promotes
investments in knowledge creation and business innovation.
(...) Roza Siyum Getachew, Arbitration of Intellectual Property Disputes in Ethiopia: Exploring the Legal and Institutional Gaps
56
autonomous body called Ethiopian Intellectual Property
Office (EIPO) was established to protect IPRs. (...) These Centers provide
commercial arbitration services to various undertakings.
Language:English
Score: 1169485.2
-
https://www.wto.org/english/tr...rs_e/2019/chapter_5_2019_e.pdf
Data Source: un
IPR Enforcement Law
THE LAW ON ENFORCEMENT OF THE LEGISLATION THAT REGULATES PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
SECTION ONE
BASIC PROVISIONS
Subject matter of the Law
Article 1
(1) This Law shall designate authorities responsible to enforce the legislation that regulates protection of intellectual property rights, regulate procedures applicable to actions of responsible authorities where goods suspected of infringing intellectual property rights are produced, bought, sold or placed into circulation, broadcasted or used in any other way, and establish penalties for commercial offences and misdemeanors.
(2) Provisions of this Law shall apply mutatis mutandis to services and service
providers.
(3) This Law shall not apply to:
1) goods that bear a trade mark with the consent of the holder of that trade mark or that are protected by a copyright or related right or a design right and that have been manufactured with the consent of the right holder but are placed into circulation without the latter's consent;
2) goods that have been manufactured or bear a trade mark under conditions other than those agreed with the right holder;
3) non-commercial goods and personal belongings, i.e., to goods intended strictly for personal use, provided that multiple identical copies of the same product are not being owned or used.
(...) Article 20
(1) Any company or any other form of a commercial entity that:
1) being the owner of a building, makes an alteration on the building which is materialized copy of the work of architecture without prior offering the author to do the alterations of the work ;
2) conducts collective exercise of copyright and/or related rights without
permission of the competent authority;
shall be fined € 1,500 – € 15,000 for the economic offence.
(2) Any person in the company or any other form of commercial entity responsible
for any commercial offence referred to in paragraph 1 of this Article shall be fined € 150 – € 1,500.
(...) Article 24
(1) Any company or any other form of a commercial entity that without
authorization manufactures, imports, exports, offers to place into circulation or places into circulation, stores or uses in its commercial activity any product or process protected by a patent, shall be fined € 3,000 – € 30,000 for the economic offence.
(2) Any person in the company or any other form of commercial entity responsible
for any commercial offence referred to in paragraph 1 of this Article shall be fined € 300 – € 3,000.
(3) The objects of the economic offenses and the devices used or intended to be used
to commit the economic offence referred to in paragraph 1of this Article shall be forfeited, and the objects of the economic offence shall be destroyed
II.
Language:English
Score: 1169200.8
-
https://www.wto.org/english/th...e/cgr_e/WTACCCGR24A1_LEG_8.pdf
Data Source: un
Microsoft Word - 05. the Law on Enforcement of the Legislation that Regulates Protection of IPRs
RM Official Gazette, No. 45/05
THE LAW ON ENFORCEMENT OF THE LEGISLATION THAT REGULATES PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
SECTION ONE
BASIC PROVISIONS
Subject matter of the Law
Article 1
(1) This Law shall designate authorities responsible to enforce the legislation that regulates protection of intellectual property rights, regulate procedures applicable to actions of responsible authorities where goods suspected of infringing intellectual property rights are produced, bought, sold or placed into circulation, broadcasted or used in any other way, and establish penalties for commercial offences and misdemeanors.
(2) Provisions of this Law shall apply mutatis mutandis to services and service
providers.
(3) This Law shall not apply to:
1) goods that bear a trade mark with the consent of the holder of that trade mark or that are protected by a copyright or related right or a design right and that have been manufactured with the consent of the right holder but are placed into circulation without the latter's consent;
2) goods that have been manufactured or bear a trade mark under conditions other than those agreed with the right holder;
3) non-commercial goods and personal belongings, i.e., to goods intended strictly for personal use, provided that multiple identical copies of the same product are not being owned or used.
(...) Article 20
(1) Any company or any other form of a commercial entity that:
1) being the owner of a building, makes an alteration on the building which is materialized copy of the work of architecture without prior offering the author to do the alterations of the work ;
2) conducts collective exercise of copyright and/or related rights without
permission of the competent authority;
shall be fined € 1,500 – € 15,000 for the economic offence.
(2) Any person in the company or any other form of commercial entity responsible
for any commercial offence referred to in paragraph 1 of this Article shall be fined € 150 – € 1,500.
(...) Article 24
(1) Any company or any other form of a commercial entity that without
authorization manufactures, imports, exports, offers to place into circulation or places into circulation, stores or uses in its commercial activity any product or process protected by a patent, shall be fined € 3,000 – € 30,000 for the economic offence.
(2) Any person in the company or any other form of commercial entity responsible
for any commercial offence referred to in paragraph 1 of this Article shall be fined € 300 – € 3,000.
(3) The objects of the economic offenses and the devices used or intended to be used
to commit the economic offence referred to in paragraph 1of this Article shall be forfeited, and the objects of the economic offence shall be destroyed
II.
Language:English
Score: 1169200.8
-
https://www.wto.org/english/th...cc_e/cgr_e/WTACCCGR9_LEG_5.pdf
Data Source: un
Better management of intellectual property is key to competitiveness
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United Nations Economic Commission for Europe
Press Release
[Index]
Better management of intellectual property is key to competitiveness
Geneva, 30 June 2010 --
Government experts and specialists from relevant intergovernmental organizations, private sector, consumer associations and academia of the UNECE member states will be meeting in Geneva on 8 and 9 July 2010 in the context of the UNECE Team of Specialists on Intellectual Property (TOS-IP) to exchange experiences and good practices in the field of intellectual property (IP).
This 4th session of the UNECE TOS-IP will address issues related to commercialization, protection and enforcement of intellectual property and work on policy recommendations to facilitate the effective regulatory protection of IPR and strengthen their role in innovative development.
(...) Hence, there is a necessity for a sound regulatory framework and cross-border know-how in the commercialization, protection and enforcement of intellectual property rights (IPR).
Language:English
Score: 1157687.3
-
https://unece.org/fileadmin/DAM/press/pr2010/10ecid_p05e.htm
Data Source: un
A well-balanced, affordable and reliable system of intellectual property rights has an important role to play in this process. (...) The present publication is not intended to provide a cross-country analysis of intellectual property laws and their economic impact. Instead it focuses on practical problems of using intellectual property rights in the innovation process, i.e. on the commercialization of intellectual property, and on the question of what economic policy can do to support the various innovation stakeholders in this process. Specifically, it discusses the role of intellectual property in the transfer of technology from public research organizations to the business sector, the management of intellectual property in small and medium-sized enterprises, and the auditing, valuation of and accounting for intellectual property.
Language:English
Score: 1151887.4
-
https://unece.org/economic-coo...perty-commercialization-policy
Data Source: un
He is currently a PhD researcher. 1 Ahmed Makhloof, Intellectual Property Rights (Dar Elejada, 2nd
edn, 2018) 13. 2 Paris Convention for the Protection of Industrial Property,
concluded in 1883, was revised at Brussels in 1900, at Washington
One of the fields that have seen significant reform are the
legislations concerning intellectual property. (...) This
resulted in damage to the franchisor’s trademark
reputation.
3) Defendant also used other intellectual property rights such
as promotional phrases, packaging and designs to make the
products appear similar to the original goods and services.
4) In 2007, Defendant received a Commercial Registration
with a similar name and trademark to that of plaintiff.
(...) Saudi Authority for Intellectual Property
Accessed 20 October 2019
Saudi Commercial Court, case number 1/4472, 2008, 1428
Hijri, It is important to mention that Saudi Courts do not
mention the names of case’s parties.
Language:English
Score: 1151051.9
-
https://www.wto.org/english/tr...s_e/2019/chapter_16_2019_e.pdf
Data Source: un