Absolute relations in the subject of civil law

The article studies one of the central categories of civil law, which is civil legal relations. The category of legal relations that builds the subject of civil law, that receives the cleared fixation in legal acts, including the unified acts (Civil Code of the Russian Federation), causes until present time different discussions in the civil legal science. This is indicated of scientific researches of Soviet and Russian scientists since middle of 20th century. The fundamental division of legal relations into absolute and relative relations tries to earn our interest because of its practical significance. Depending of rating of legal relations to specified kind the optimal mechanism of legal influence on participants of legal relations using of private and / or public legal instruments is defined. Inspite of all these, the subject of this article are first of all absolute legal relations. The author tried to generalize existing concepts in the science of civil law about absolute legal relations, to define the possibility to differentiate absolute and relative legal relations. The question about the possibility of existence of legal relations with elements of absoluteness and relativity, parallel existence of absolute and relative legal relations in connection to the same subject is raised. The specific character of absolute legal relations is analyzed in connection with proprietary legal regulation, regulation in the field of intellectual property rights, protection of immaterial goods and immaterial rights, as well as in connection with relative new field of legal regulation of corporate legal relations. In the article the conclusion about the necessity of resumption of scientific discussion concerning the essence of absolute legal relations and necessity of their cleared definition ad litem is made.

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SOME ASPECTS OF THE APPLICATION OF NEW MEDICAL TECHNOLOGIES IN REPRODUCTION, THERAPY AND GENETIC MODIFICATION OF HUMANS, PLANTS AND ANIMALS THROUGH THE PRISM OF INTELLECTUAL PROPERTY RIGHTS PROTECTION IN SOUTH AFRICA

Sociopolitical sciences ◽

10.33693/2223-0092-2020-10-2-180-195 ◽

2020 ◽

Vol 10 (2) ◽

pp. 180-195

Author(s):

KSENIA BELIKOVA ◽

Keyword(s):

South Africa ◽

Intellectual Property ◽

Property Rights ◽

Intellectual Property Rights ◽

Genetic Modification ◽

Legal Regulation ◽

Rights Protection ◽

Medical Technologies ◽

Intellectual Property Rights Protection ◽

Property Rights Protection

This article aims to demonstrates some facets of the current state of legal regulation and ethical problems of application of new medical technologies in reproduction, therapy and genetic modification of humans, plants and animals through the prism of intellectual property rights protection and based on: the materials of a number of normative acts (laws, ministerial Regulations) of one of the BRICS countries - South Africe. In this format, based on analytical reflections over information taken from sources and literature from the list of sources and literature, as well as a number of legal provisions driven to life by the existence and application of such technologies and new knowledge; opinions, ideas and ethical and legal discussions, the article analyzes the provisions of South Africa's approaches that create patterns of application of new medical technologies, the potential and ethical and legal basis for such development, taking into account the current views of the doctrine and legislation. The relevance of this research is due to the fact that a number of approaches to legislation and ethical approaches under study are new and could not be considered in studies of an earlier period. Thus, this study serves to fill this gap. The author's results are presented in the light of the identified state interest within the framework of the liberal model of the relationship between law and bioethics in delineating the boundaries of permissible (notpermissible) use of new medical technologies in the field of reproduction and treatment of human, genetic modification of humans, animals and plants not only from the perspective of legal and ethical constraints, permissions and prohibitions but the implementation of the provisions of applicable South African legislation on the intellectual property rights protection, which, due to its examination request system, can not guarantee that the patented product - the result of genetic modification - can be freely used in South Africa with regard to the restrictions and prohibitions established by 2003 Act and relevant Regulations No. 175, 177, 180. The theoretical and practical significance of the results obtained is determined by the fact that Russian readers will be provided with up-to-date scientific information about the state of Indian legislation and doctrine, and other ideas in the field under study, which in practical terms will contribute to understanding the gap (or lack thereof) in the achievements in this field of Russian and foreign researchers and practitioners in terms of their implications at the level of practice and legislation.

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Complex Dynamical Behaviors of a Mixed Duopoly Game Based on Intellectual Property Rights Protection

Complexity ◽

10.1155/2020/4601510 ◽

2020 ◽

Vol 2020 ◽

pp. 1-11

Author(s):

Tong Chu ◽

Yu Yu ◽

Xiaoxue Wang

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Intellectual Property Rights ◽

Mixed Duopoly ◽

Fractal Structures ◽

Rights Protection ◽

Intellectual Property Rights Protection ◽

Dynamical Behaviors ◽

Property Rights Protection ◽

Coexistence Of Attractors

Based on the oligopoly game theory and the intellectual property rights protection policy, we investigate the complex dynamical behaviors of a mixed duopoly game with quadratic cost. In the new system, a few parameters are improved by considering intellectual property rights protection and the stability conditions of the Nash equilibrium point are discussed in detail. A set of the two-dimensional bifurcation diagrams is demonstrated by using numerical modeling, and these diagrams show abundant complex dynamical behaviors, such as coexistence of attractors, different bifurcation, and fractal structures. These dynamical properties can present the long-run effects of strengthening intellectual property protection.

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