scholarly journals Civil legal aspects of the recodification of intellectual property rights

2020 ◽  
Vol 168 ◽  
pp. 00023
Author(s):  
Ievgeniia Bulat ◽  
Roman Pichko
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Civil Law ◽  
Legal Aspects ◽  
Present Stage ◽  
Legal Norms ◽  
Industrial Chemical ◽  
Definition Of

At the present stage those questions are especially relevant that are connected with civil legislation and intellectual property institution recodification. Intellectual property covers all fields of activity, in particular, agro-industrial, chemical, mining and other industries. The article defines that in Ukraine the necessity of civil legislation recodification includes the ridding of all explicit collisions. Also, it includes the implementation of the world’s best experience in civil relations regulation and its stability and in definition of the direction of the further normative and legislative development. The main directions of recodification of the Institute of Intellectual Property as one of the key civil law institutions of Ukraine are identified in the context of the article. The directions of improvement of legal norms, guaranteeing the inviolability of intellectual property rights, providing them with greater juridical security and their further rationalization are also determined in the context of the article.

scholarly journals DEFINITION OF INVENTORS AND LEGAL ASPECT OF PATENT REGISTRATION

2018 ◽  
Author(s):  
Rikiarinata
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Aspect ◽  
Legal Protection ◽  
Legal Aspects ◽  
Paper Briefly ◽  
Personal Property ◽  
Commercial Value ◽  
Definition Of

Intellectual Property Rights relate to the protection of the application of ideas and information that have commercial value. For owners of ideas and information that have commercial values, Intellectual Property Rights are personal property that can be owned and treated with other forms of wealth. The same treatment is like trading or renting it out. So that ideas and information that have commercial value are not used by others irresponsibly, then there must be legal protection. This paper briefly discusses two categories that are protected in Intellectual Property Rights, which are copyright and patent. On the other hand this paper aims to provide an understanding of the legal aspects of copyright and patent registration.

PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN UKRAINE: MODERN REALITIES AND PROSPECTS

2017 ◽  
Author(s):  
Yuliia Tovstohan ◽  
◽  
Serhii Ivanov ◽  
Keyword(s):  
Intellectual Property ◽  
Civil Rights ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Current System ◽  
General Procedure ◽  
Legal Protection ◽  
General Concept ◽  
Scientific Article ◽  
Definition Of

The scientific article examines the modern mechanism of protection of intellectual property rights in Ukraine. Attention is paid to the historically first using of the concept of intellectual property rights in international law and the shortcomings of this definition. The legal definition of this concept contained in the Civil Code of Ukraine is analyzed. It is concluded that the legislative enshrinement of intellectual property rights is evidence of its recognition by the state, and such a right applies to special objects, the list of which is enshrined at both national and international levels. The question of the relationship between the concepts of "protection" and "defense" of civil rights is covered. The main groups of approaches of scientists to the solution of this problem are indicated. An approach that defines "protection" as a general concept for "defense" is supported, where "protection" is a broader concept that covers the term "defense". Emphasis is placed on the fact that although these legal categories are related, they cannot be identified. The main features that distinguish these concepts are listed, and the features of "defense" as an independent concept are highlighted. There are given examples of definition of the concept of protection of intellectual property rights given by scientists. Based on these definitions, the main features of this term are summarized. The issue of forms of protection (jurisdictional and non-jurisdictional) has been studied. The general and special order within the jurisdictional form is distinguished. It is noted about the peculiarities of self-defense as a non-jurisdictional form. The focus is on the judicial (general) procedure for protection of intellectual property rights as the main one. Possible ways of protection (civil, administrative, criminal, and criminal) are analyzed. The problems and shortcomings of the current system of legal protection and protection of intellectual property rights in Ukraine are analyzed. Both reports from international partners and research by Ukrainian scientists were used. The authors outline ways to solve existing problems. The conclusions of the study are formulated and the possibility of further scientific research in this area is indicated.

The implementation of the intellectual property rights of the convicts in the institutions and bodies of criminal executive system

2020 ◽  
pp. 170-176
Author(s):  
Оксана Алексеевна Владимирова
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Effective Means ◽  
Legal Aspects ◽  
Correctional Institutions ◽  
Property Relations ◽  
Patent Rights ◽  
Human Creativity ◽  
Executive System

Статья посвящена анализу организационно-правовых аспектов реализации прав интеллектуальной собственности лиц, осужденных к лишению свободы. Рассмотрен сложившийся опыт, особое внимание уделяется проблемным вопросам реализации осужденными личных неимущественных и исключительных интеллектуальных прав: связанным с приобретением права интеллектуальной собственности, затруднениям осуществления интеллектуальных прав, вызванным режимными требованиями. Творческая деятельность человека - одно из самых эффективных средств исправления, по мнению автора, поскольку именно она является высшей сознательной деятельностью. Поэтому необходимо поощрять и развивать в исправительных учреждениях данный вид деятельности, всемерно содействовать ее реализации. Предлагается создавать в исправительных учреждениях кроме уже имеющихся ресурсов специальные лаборатории, мастерские и т. п. центры для реализации творческой, в том числе научно-творческой потребности осужденных. При необходимости всячески содействовать осужденным при реализации процедуры получения патента. Кроме того, в рамках правового просвещения осужденных необходимо информировать о возможностях реализации авторского или патентного права в рамках имущественных отношений. This article is devoted to analysis of legal aspects of implementation of intellectual property rights of persons sentenced to deprivation of liberty. Abstract: the experience, a special attention is paid to the problematic issues of implementation of convicted persons of exceptional moral and intellectual rights: associated with the acquisition of intellectual property rights, difficulties in the implementation of intellectual property rights, caused by the regime requirements. Human creativity is one of the most effective means of correction, in the author's opinion, as it is the higher conscious activity. It is therefore necessary to promote and develop in correctional institutions this activity, to contribute fully to its implementation. It is proposed to establish in correctional institutions in addition to the existing resources of the special laboratories, workshops, etc. centers for the implementation of creative, including research and creative needs of prisoners. If necessary to fully support the convict in the implementation of the procedure of obtaining a patent. In addition, the legal education of prisoners should be informed about the possibilities of implementation of copyright or patent rights in the framework of property relations.

Intellectual Property: Theory, Privilege, and Pragmatism

2003 ◽  
Vol 16 (2) ◽  
pp. 191-216 ◽  
Author(s):  
Adam D. Moore
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Trade Secret ◽  
Social Constructions ◽  
Property Theory ◽  
General Terms ◽  
Anglo American ◽  
Definition Of

In the most general terms, this article focuses on the tension between competing justifications of intellectual property. Section I examines the nature and definition of economic pragmatism and argues that, while economic pragmatism comes in many flavors, each is either unstable or self-defeating. Section II advances the view that Anglo-American systems of intellectual property have both theoretical and pragmatic features. In Section III a sketch of a theory is offered--a theory that may limit applications of economic pragmatism and provide the foundation for copyright, patent, and trade secret institutions. To be justified--to warrant coercion on a worldwide scale--systems of intellectual property should be grounded in theory. Intellectual property rights are, in essence, no different than our rights to life, liberty, and tangible property. Intellectual property rights are neither pure social constructions nor bargains without foundations.

USE OF COPYRIGHT PROTECTED WORKS IN THE EDUCATIONAL PROCESS

2019 ◽  
Vol 1 ◽  
pp. 607
Author(s):  
Liene Vindele ◽  
Renāte Cāne
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Copyright Protection ◽  
Scientific Research ◽  
Research Process ◽  
Legal Framework ◽  
Educational Process ◽  
Step Test ◽  
Legal Norms

Copyright is one of the intellectual property rights whose main activity is to promote creativity and protect the ownership of the author. However, these rights are not absolute and are subject to certain restrictions.In the Berne Convention, Agreement on Trade-Related Aspects of Intellectual Property Rights and also WIPO Copyright Treaty embodied so-called “three-step test” allowing exceptions to copyright protection. They state that exceptions to copyright protection are admissible only in specific cases; if they comply with the rules of normal exploitation of the author's work; and do not unreasonably prejudice the legitimate rights of the author.While respecting the restrictions contained in international conventions, the Latvian Copyright Law also lays down various restrictions, when the author's work can be used without a special permit for the use of the author's work or for free, such as in the educational or research process. The free use of copyright-protected materials constitutes a restriction on the economic rights of copyright holders. These restrictions aim to strike a balance between the rights of the author and the interests of the public. Although copyright-protected works can be used in education almost everywhere in the world, restrictions on the exercise of these rights have not been clearly established.The aim of this paper is to research limits use of copyright-protected works in the educational process. Basis for this analysis will be the international and national legal framework about copyright exceptions in educational process.In the development of the research used an analytical method of scientific research, as well as a method of interpreting grammatical, teleological and historical legal norms. For the conclusions used inductive and deductive method of scientific research. 

scholarly journals ADMINISTRATIVE OFFENCE IN THE FIELD OF INTELLECTUAL PROPERTY AS THE GROUND FOR ADMINISTRATIVE LIABILITY

2020 ◽  
pp. 19-29
Author(s):  
Andrii Khridochkin ◽  
Petro Makushev
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Public Relations ◽  
Intellectual Property Rights ◽  
Social Harm ◽  
The Subject ◽  
Definition Of ◽  
Objective Side ◽  
Subjective Side ◽  
Legal Consequences

The article deals with homogeneous group of administrative offences - administrative offences in the field of intellectual property as a basis of administrative liability. It is emphasized that the objective features of this administrative offence are its social harm, wrongfulness and punishment, and subjective ones are guilt and subjectivity. It is emphasized that only in the presence of all these features can one speak of qualifying an individual’s act as an administrative offence and resolving the issue of bringing him to administrative liability. The definition of the term “administrative offence in the field of intellectual property” is proposed as envisaged by the legislation on administrative liability of socially harmful, unlawful, guilty act, committed by the subjects of such unlawful acts that encroach on the set of property and personal non-property rights to the intellectual results. It is established that all warehouses of administrative offences in the field of intellectual property (art. 51-2, 107-1, 156-3 (in the part concerning intellectual property objects), 164-3, 164-6, 164-7, 164-8, 164-9, 164-13) there are such elements as objective signs and subjective features, which in their unity form the composition of administrative offences of this group. It is noted that the only generic object of these administrative offences is the group of public relations of intellectual property, which are protected by the law on administrative liability, and the subject of this group of public relations are objects of intellectual property. It is proved that the objective side of administrative offences in the field of intellectual property is a set of ways of infringement of intellectual property rights. Attention is drawn to the fact that in practice the violation of intellectual property rights to different objects has different economic, social and legal consequences, and therefore the degree of their social harm is different, and therefore there is a need to differentiate administrative liability depending on the intellectual property. Subjective signs of the administrative offences of this group, which are represented by their subject, are established, and the subjective side is characterized by the fact that they are committed only intentionally.

scholarly journals HAK KEKAYAAN INTELEKTUAL SEBAGAI BENDA: PENELUSURAN DASAR PERLINDUNGAN HKI DI INDONESIA

2015 ◽  
Vol 9 (2) ◽  
pp. 133
Author(s):  
Indirani Wauran-Wicaksono
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Civil Law ◽  
The Other ◽  
Legal Authority ◽  
Intellectual Work

<p><strong>Abstrak</strong><br />Hak Kekayaan Intelektual memberikan kewenangan hukum kepada seseorang untuk<br />mendapat keuntungan dari karya intelektual yang diciptakan. Hal ini berimplikasi pihak<br />lain, yang tanpa persetujuan, tidak diperbolehkan untuk mengambil keuntungan dari<br />sebuah karya intelektual. Pengambilan keuntungan berarti mengambil sesuatu, di mana<br />sesuatu tersebut berada dalam hukum sipil yang dikenal dengan properti. Artikel ini<br />menyelidiki kembali perlindungan dasar hak kekayaan intelektual untuk memberikan<br />justifikasi bahwa hak kekayaan intelektual adalah ‘properti’ yang memiliki sifat dasar<br />properti dan faktanya obyek properti memiliki hak milik.<br /><br /></p><p><em><strong>Abstract</strong></em><br />Intellectual Property Rights provides legal authority for a person to reap the rewards of<br />the intellectual work produced. This has a consequence that the other party without consent<br />must not take advantage of an intellectual work. Reap the rewards of means to take<br />something, which in civil law is known as the property. This article retraces the basic<br />protection of intellectual property rights to provide justification that intellectual property<br />rights are ‘a property’ that has the nature of properties and in fact, is the object of property<br />that has proprietary rights.</p>

scholarly journals LEGAL ASPECTS OF EXISTENCE OF INTELLECTUAL PROPERTY IN THE INTERNET

2020 ◽  
pp. 70-80
Author(s):  
O.V. Boychenko ◽  
O.Yu. Smirnova
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Russian Federation ◽  
Legal Aspects ◽  
The Internet ◽  
Legislative Process ◽  
The Russian Federation ◽  
The Government ◽  
Protecting Intellectual Property

The article considers the legal aspects of the existence of intellectual property on the Internet. The main regulatory documents governing the relationship between the use of intellectual property on the Internet are analyzed, such as: the WIPO international convention, the Civil Code of the Russian Federation, part 4; Decree of the Government of the Russian Federation of 09.02.2012; The latest edition of the Constitution of the Russian Federation. In the form of a structural and didactic scheme are presented: objects of intellectual property, means of individualization; an algorithm for the interaction of participants in the legislative process to seize illegal content. Features of the problems of protecting intellectual property rights on the Internet, the main causes of violation of intellectual property rights and ways of protecting intellectual property are presented. The losses of various sectors of society from Internet piracy are given. The basic tools of copyright infringement on the Internet are described, as well as existing methods of confirming copyright in content.

scholarly journals ECONOMIC AND LEGAL ASPECTS AGAINST CONTROLLING GOODS TURNOVER

2020 ◽  
Vol 5 (5) ◽  
pp. 165
Author(s):  
Ruslan Fyl ◽  
Galina Luk'yanova
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Practical Importance ◽  
Legal Aspects ◽  
The State ◽  
Economic Losses ◽  
Law Enforcement Agencies ◽  
Counterfeit Goods ◽  
Goods Market

The purpose of this article is to describe the content of the economic and legal bases of counteraction to the circulation of counterfeit goods. Using systemic and formal-logical methods, the amount of economic losses is outlined and the magnitudes of consequences arising from the circulation of counterfeit goods for the state, patent holders, consumers and manufacturers of counterfeits are outlined. It has been stated that drugs, toys, agrochemicals, and foodstuffs are the most counterfeit at the moment and are not only supported by crime as a crime in the field of intellectual property, but also endanger the lives and healths. Considering the market of counterfeit goods described its features, which are that the operation indicated the author but due to factors such as low solvency of the population in developing countries; the inability to sell counterfeit products separately from the original products, due to the fact that the original products are used for masking in the sale of counterfeiting; lack of specialized equipment for establishing counterfeit goods and knowledge of the original; scale and narrow specialization of counterfeit goods market participants; the transnational nature of this market; splicing organized crime with law enforcement agencies; high profitability of counterfeit market. The practical importance of the research is the documentary analysis examines the international legal aspects of counterfeiting of such goods and notes that the rules of the Agreement on Trade-Related Aspects of Intellectual Property Rights, TRIPS and the EU Customs Regulation on Intellectual Property Observance set out measures to combat trafficking in goods that infringes intellectual property rights. Consequently, successfully tackling counterfeit goods trafficking requires a constant search for innovative methods of struggle. An effective strategy for overcoming this phenomenon should combine the various measures of its counteraction, all of them should be used in a coordinated and systematic way, complementing each other. Therefore, both economic and political management methods must be taken into account to overcome the counterfeit. And only their optimal combination will have the greatest effect in the formation of concepts of counteraction to the circulation of counterfeit goods. And this is definitely worth the effort since the innovative and economic development of the state depends on solving the problem of creating an effective system of protection of intellectual property rights. Methodology. A methodological framework of the economic and legal bases of counteraction to the circulation of counterfeit goods is defined by the complex of scientific cognition methods that allow us to look at this problem as a multi-aspect, interdisciplinary phenomenon. On the basis of the system, structural, systemic-functional and other scientific approaches, the idea of counteraction to the circulation of counterfeit goods has formed a complex systemic category covering the theoretical and practical level of economic and legal activity.

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