INNOVATIVE AND INTELLECTUAL PROPERTY PROTECTION

2020 ◽  
pp. 50-52
Author(s):  
A. A. Akimov
Keyword(s):  
Intellectual Property ◽  
Intellectual Property Protection ◽  
The State

Statistics on international innovation and the state of intellectual property protection in Russia are provided. Trends in the protection of intellectual property in Russia and abroad are described.

scholarly journals State system of intellectual property protection in Ukraine: development trends in modern conditions

2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Svitlychnyi Oleksandr ◽  
Keyword(s):  
Intellectual Property ◽  
Legal Protection ◽  
Intellectual Property Protection ◽  
The State ◽  
State System ◽  
International Standards ◽  
System Structure ◽  
Basic Law ◽  
Constitutional Right ◽  
The Right

Today, the protection of intellectual property rights and legitimate interests of citizens is guaranteed by Article 55 of the Constitution of Ukraine, which provides and guarantees to everyone who uses all national forms of legal protection, protection of rights and freedoms in court. According to the second part of Art. 124 of the Basic Law, the jurisdiction of the courts extends to any legal dispute and all legal relations arising in the state. In addition to the constitutional right to administrative and judicial protection of intellectual property, the rules of special legislation in the field of intellectual property also determine other types of protection. In particular, part of the first article. 52 of the Law of Ukraine «On Copyright and Related Rights», to protect their copyrights and (or) related rights, entities have the right in accordance with the established procedure to apply to the court and other authorities in accordance with their competence. It is emphasized that the specifics of the protection of intellectual property is that there may be different ways to protect the violated subjective right to choose the person whose rights are violated. Today, the state system of intellectual property protection in Ukraine has an extensive system of state bodies involved in ensuring the protection of intellectual property. Based on the analysis of normative legal acts and scientific opinions, the article analyzes the activities of public administration entities in the field of intellectual property protection (Ministry for Development of Economy, Trade and Agriculture, National Intellectual Property Authority, Ukrainian Institute of Intellectual Property, Department of Intellectual Property). It is noted that in connection with the reorganization of the state system of intellectual property protection, instead of a three-tier structure, a two-tier structure is proposed. It is established that the current standing of the state system of intellectual property protection does not fully comply with international standards and principles in the field of intellectual property. It is proved that the presented state system of intellectual property protection contains significant shortcomings, the ways of improvement its activities are proposed. Keywords: state system, structure, protection, intellectual property, functions, improvement

scholarly journals The Missing Algorithm: Safeguarding Brady Against the Rise of Trade Secrecy in Policing

2021 ◽  
pp. 157
Author(s):  
Deborah Won
Keyword(s):  
Law Enforcement ◽  
Intellectual Property ◽  
Due Process ◽  
Trade Secret ◽  
Intellectual Property Protection ◽  
The State ◽  
Police Departments ◽  
Power Asymmetry ◽  
Due Process Rights

Trade secrecy, a form of intellectual property protection, serves the important societal function of promoting innovation. But as police departments across the country increasingly rely on proprietary technologies like facial recognition and predictive policing tools, an uneasy tension between due process and trade secrecy has developed: to fulfill Brady’s constitutional promise of a fair trial, defendants must have access to the technologies accusing them, access that trade secrecy inhibits. Thus far, this tension is being resolved too far in favor of the trade secret holder—and at too great an expense to the defendant. The wrong balance has been struck. This Note offers three contributions. First, it explains the use of algorithms in law enforcement and the intertwined role of trade secrecy protections. Second, it shows how trade secrecy clashes with the Due Process Clause—the Constitution’s mechanism for correcting the power asymmetry between the state and the defendant—and argues that due process should not waver simply because a source of evidence is digital, not human. Third, it proposes a solution that better balances a defendant’s due process rights with intellectual property protections.

scholarly journals National strategy for development and protection of the sphere intellectual property

2021 ◽  
Vol 12 (4) ◽  
Author(s):  
Svitlychnyy Oleksandr ◽  
Keyword(s):  
Intellectual Property ◽  
Intellectual Property Protection ◽  
The State ◽  
System Structure ◽  
State Enterprise ◽  
National Strategy ◽  
National Authority ◽  
National Body ◽  
The One ◽  
Definition Of

In recent years, Ukraine has received not only new legislation, a new regulator, but also a new National Intellectual Property Authority. On the initiative of the Ministry of Economy of Ukraine, the Cabinet of Ministers of Ukraine 13.10.2020 № 1267-r, in pursuance of subparagraph 1 of paragraph 7 of section II «Final and transitional provisions» of the Law of Ukraine of 16.06.2020 № 703-IX «On Amendments to Certain Laws of Ukraine on the Establishment of a National Intellectual Property Authority» determined that the state enterprise «Ukrainian Institute of Intellectual Property» performs the functions of the National Intellectual Property Authority. Given that the state structures considered six options for the formation of a new national body, the definition of a temporary state enterprise «Ukrainian Institute of Intellectual Property» as the National Intellectual Property Authority, on the one hand was the best solution, and on the other, the intellectual property protection system to some laws of Ukraine on the establishment of a national intellectual property body, has undergone significant changes, which could not affect the entire system of intellectual property protection in the state. Keywords: intellectual property, legislation, reorganization, national authority, system, structure

Economic and Legal Support for Commercialization of Intellectual Property in Russia

2003 ◽  
pp. 66-76
Author(s):  
I. Dezhina ◽  
I. Leonov
Keyword(s):  
Intellectual Property ◽  
The State ◽  
Commercial Application ◽  
The West ◽  
Role Of The State ◽  
Legal Context

The article is devoted to the analysis of the changes in economic and legal context for commercial application of intellectual property created under federal budgetary financing. Special attention is given to the role of the state and to comparison of key elements of mechanisms for commercial application of intellectual property that are currently under implementation in Russia and in the West. A number of practical suggestions are presented aimed at improving government stimuli to commercialization of intellectual property created at budgetary expense.

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