Methods for Combating Unfair Competition in the Intellectual Property Market in Russia and Abroad

2020 ◽  
Vol 10 (2) ◽  
pp. 477
Author(s):  
Olga Nicolaevna BYKOVA ◽  
Andrey Petrovich GARNOV ◽  
Marina Valentinovna MILONOVA ◽  
Ekaterina Vladimirovna TROKHOVA ◽  
Lada Victorovna PROGUNOVA ◽  
...  
Keyword(s):  
Intellectual Property ◽  
Copyright Protection ◽  
Unfair Competition ◽  
Verbal Description ◽  
The Internet ◽  
Property Market ◽  
Economic Relations ◽  
Domain Names ◽  
International Registry ◽  
The Russian Federation

Purpose: to reveal the characteristics of unfair competition in the intellectual property market in the Russian Federation and abroad and propose measures to combat such competition. Main results: Recommendations are presented for improving the methods for combating unfair competition in the intellectual property market. The authors propose methods which can be implemented by means of copyright protection both in the market as a whole and on the Internet, by combating trademark and service mark infringers. Besides, in order to curb unfair competition in the market, possible methods are proposed for changing the registration of domain names that allow protecting rights on the Internet. Main conclusions: In practice, there is a problem when declaring goods that contain intellectual property items). There is no registry making it possible to search for content, and search using graphic images is also difficult. In order to reduce unfair competition, it is proposed to improve the filling procedure by adding a column indicating the international registry, as well as to create a separate registry with a verbal description of images to facilitate the search. In accordance with this system, it is necessary to improve it regarding errors that are often made when filling out forms. At present, a single mistake can become a reason why the item is not selected. Solving these problems can increase control and effectiveness in terms of intellectual property protection. In most countries, unfair competition is prohibited at the legislative level. However, with the development of economic relations, the methods of unfair competition are continuously improving and becoming more and more subtle and sophisticated.

scholarly journals The Use of Objects of Intellectual Property as Mortgage Tools

2018 ◽  
pp. 39-46
Author(s):  
E. V. Altukhova
Keyword(s):  
Intellectual Property ◽  
Russian Federation ◽  
New Technologies ◽  
Technological Development ◽  
Industrialized Countries ◽  
Property Market ◽  
Economic Relations ◽  
The Russian Federation ◽  
Innovation Economy ◽  
Scientific And Technological Development

Present day economy is based on knowledge and intellect, where the principle element of competitiveness is intellectual property. Availability of intellectual property market is an integral part of the innovation economy development, which determines the form and procedure of objects of intellectual property circulation. In industrialized countries intellectual property becomes a factor of production. The necessity to use objects of intellectual property in economic relations is stipulated also by globalization processes taking place in economy. It is impossible to realize the Strategy of Scientific and Technological Development of the Russian Federation without new technologies. At the same time the development, protection and introduction of new technologies are not feasible without new approaches and methods of using objects of intellectual property in the system of economic relations. One of these approaches is the use of intellectual property as a mortgage tool. The article analyzes a possibility of using objects of intellectual property as a mortgage. It studies practice and features of such deals in Russia and abroad. Legislative regulation of these relations is also investigated. Key conditions of the credit deal using object of intellectual property as a mortgage were formulated, the principle criterion of conducting this transaction is the use of the effective object of intellectual property, which can guarantee min risks both for the creditor and the borrower.

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 Designing the single knowledge space based on network-centric information infrastructure in the modern age of digital economy development (Annual paper presented to the Fourth World Professional Forum «Crimea-2018»)

2018 ◽  
pp. 3-75 ◽  
Author(s):  
Yakov Shrayberg
Keyword(s):  
Online Education ◽  
Information And Communication Technologies ◽  
Russian Federation ◽  
Information Infrastructure ◽  
Digital Economy ◽  
The Internet ◽  
Digital Information ◽  
Economic Relations ◽  
The Russian Federation

Traditionally, the annual report opens the World Professional Crimea Forum. Primarily, the speaker focuses on the concept of digital economy interpreted as the economic relations system based on the digital information and communication technologies. The Program “Digital economy of the Russian Federation” is reviewed. Several concepts, e. g. bitcoin and blockchain, Industry 4.0, New Internet, etc., are defined. The current problems of the Internet are examined, in particular, the lack of the single management and development center. The statistical data on the profile and involvement of the internet users is reported. Special attention is given to using Internet in Russia and the related problem of copyright in Russia and worldwide. The role of open access in building the knowledge environment and the role of the main contributors to the process, namely, publishers, libraries, educational institutions, are emphasized. Online education and accessible seamless education environment are specified as the main trends in education, The key vectors of developing knowledge content and its application in the digital environment are defined, these are: inclusiveness, artificial intelligence and green (sustainable) libraries, etc. The current situation in the global book market is evaluated on the basis of the results of the London Book Fair 2018. The project “The modern digital educational environment in the Russian Federation” is examined along with the projected results. The role of the National Electronic Library as the major innovative library project and the national information system is emphasized. The author concludes that the libraries of the future become an essential part of the national and global information infrastructure.

scholarly journals Protection of intellectual property of an architect

2019 ◽  
Vol 91 ◽  
pp. 05029
Author(s):  
Nicolay Zhilskiy ◽  
Emma Shariapova ◽  
Marina Matveeva
Keyword(s):  
Intellectual Property ◽  
Intellectual Property Rights ◽  
Russian Federation ◽  
Copyright Protection ◽  
Architectural Design ◽  
Creative Activity ◽  
Protection Mechanism ◽  
Categorical Framework ◽  
The Russian Federation ◽  
Judicial Protection

In the paper, the authors raise the issue of protecting the copyright of an architect. One of the ways to protect it is the trial. The RF Constitution guarantees judicial protection of rights and freedoms. Recently, in the Russian Federation, the number of appeals to the court for copyright protection has increased, indicating a large number of infringements of intellectual property rights of architects. The study of the authors showed that often the cause of litigation is the discrepancy of the values of the objects of copyright of the architect. To interpret such concepts as “architectural solution”, “architectural design”, “architect’s concept”, “architect’s idea” and others, the court is forced to involve specialists whose opinions in the court decision become the source of law, which contradicts the theory of state and law. The authors believe that the legislative consolidation of clear, certain essential features of the conceptual and categorical framework used in architectural activity is the improvement of the protection mechanism for the works of architects that are the result of their creative activity.

The carrot v. the stick: can copyright be used to enhance access to cultural heritage resources in the networked environment?

2000 ◽  
Vol 25 (4) ◽  
pp. 4-11 ◽  
Author(s):  
Rina Elster Pantalony
Keyword(s):  
Intellectual Property ◽  
Cultural Heritage ◽  
Copyright Protection ◽  
New Technologies ◽  
The Internet ◽  
Management Models ◽  
Knowledge Based ◽  
Internet Environment ◽  
Ways Of Thinking

Copyright, if used effectively, managed well and respected in business arrangements, encourages and enhances access to content in the Internet environment. But with the advent of new technologies and the emergence of a knowledge-based society, new ways of thinking are required in order to ensure that the Internet remains a ‘place’ where information can flow with few if any restrictions. Using the modern museum as example, this paper analyzes two types of intellectual property – databases and photographs – to determine whether copyright protection reduces or enhances access. It also touches briefly on some new management models which meet the needs of the users as well as the authors of copyright materials, while still fulfilling the key financial objectives of the organizations that host or provide content.

LEGAL PROBLEMS AND FEATURES OF COPYRIGHT PROTECTION IN INTERNATIONAL PRIVATE LAW

2018 ◽  
Author(s):  
Oleksandr Radchuk ◽  
◽  
Anna Plotnikova ◽  
Kateryna Dubyna ◽  
◽  
...  
Keyword(s):  
Intellectual Property ◽  
Copyright Protection ◽  
The United States ◽  
Legal Regulation ◽  
World Intellectual Property Organization ◽  
The Internet ◽  
Private Law ◽  
Legal Problems ◽  
International Private Law ◽  
Artistic Works

The article is devoted to the study of legal problems and features of copyright protection as an institution of intellectual property in international private law. The work briefly describes the history of the formation of the protection of intellectual property rights in international private law. It is found out that it begins in the 19th century. The process of the emergence of the World Intellectual Property Organization, which plays a key role in coordinating the adoption of measures for international cooperation in the field of copyright protection, has been outlined. The article analyzes the positions of the Berne Convention for the Protection of Literary and Artistic Works of 1886 regarding the objects of protected copyright and the Berlin Conference of 1908, during which new provisions were established, such as the term of copyright protection, clear definitions of the concepts of literary and artistic works, etc. The results of the 1967 Stockholm Conference were investigated, in particular about the recognition of the “author’s right to reproduce”, the principle of protecting the personal rights of the author, etc. The difference between the Berne and Geneva conventions is clarified. It is stated that there are two forms of copyright protection: jurisdictional and non-jurisdictional. Within the framework of the jurisdictional form, the essence of the general and special protection procedures is determined. The key rules for resolving conflict issues of regulation of the institution of copyright have been determined. Among them are the rules for recognizing decisions of foreign courts, provisions on the application of law to contractual obligations, etc. The types of copyright infringements on the Internet have been highlighted. Measures to combat copyright infringement on the Internet at the legislative level are considered using the example of France and the United States. The methods of copyright protection on the Internet identified by scientists have been analyzed: limited functionality, the establishment of a kind of «timer”, the use of services of clearing centers, the use of cryptographic envelopes, the use of digital stamps. It is proposed to create an international regulatory framework that would regulate the protection of copyright on the Internet, as well as contain mechanisms for both preventive protection of copyright and protection after the infringement, and their legal regulation.

Promising avenues of the Russian Federation participation in the international cooperation in the sphere of copyright protection

2020 ◽  
Vol 2020 (3) ◽  
pp. 73-79
Author(s):  
Ekaterina Abakumova
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
International Cooperation ◽  
Intellectual Property Rights ◽  
Copyright Protection ◽  
Data Transfer ◽  
Legal Regulation ◽  
The Internet ◽  
Global Trend ◽  
Starting Point

The article is devoted to the study of issues of international legal regulation of relations in the sphere of copyright protection. First of all, the author’s attention is drawn to the increasing global trend towards synchronization of national regimes of protection of intellectual property rights, the starting point of which was made in the XIXth century with the adoption of the Berne Convention. The escalation of the problem in question is related to the Internet possibilities of instant data transfer to multiple remote users that leads to speed and a great scale of intellectual property results sharing. The author gives undeniable arguments that the search for solution of the problem of illegal use of works on the Internet will be a determining factor for the consolidation of the world community with the subsequent unification of legal regulation of cross-border copyright relations. The promising avenues of international cooperation in the examined field are the following: 1) creation of a global registry of Internet sites, access to which should be restricted because of intellectual property rights violations; 2) creation of a unified international database of copyright and related rights

scholarly journals Procedures for Dispute Resolution or for Commercial Control?: Reinforcing the Status Quo in Internet Governance

2004 ◽  
Vol 18 (2) ◽  
pp. 31-52
Author(s):  
Jisuk Woo
Keyword(s):  
Intellectual Property ◽  
Dispute Resolution ◽  
Status Quo ◽  
The Internet ◽  
Centralized Control ◽  
Role Of Government ◽  
Non Profit ◽  
Domain Names ◽  
Resolution System ◽  
The Status

This study examines how Internaet domain names came to be governed by ICANN, a non-governmental, non-profit private international organization, and investigates how domain name disputes are dealt with by its newly adopted UDRP(Uniform Dispute Resolution System). The analysis examines UDRP policy and rules, and empirically assesses the relationship between decisions of the proceedings and the different factors involved. The findings show that UDRP operates in ways that maximize the commercial interests of existing, large companies at the expense of interests of individuals and small, new companies. The current regime, gives priority to preempting intellectual property-related disputes to protect intellectual property rights, rather than coordinating the use of domain names by individuals and companies. In this process, the commercial status quo of the Internet is reinforced, and the Internet is ironically placed under the most centralized control because the UDRP system is forces upon all gTLD domain names. This paper concludes excluding government and relying on private ordering and self-governance for rule making and the procedures of alternative dispute resolution, may be dangerous to individual interests, especially when the role of government is excluded and individuals' participation remains low.

A Note on the Protection of Intellectual Property on the Internet: A Russian Perspective

2004 ◽  
Vol 29 (2) ◽  
pp. 257-269 ◽  
Author(s):  
Igor Motsnyi
Keyword(s):  
Intellectual Property ◽  
The Internet ◽  
International Treaties ◽  
Domain Names ◽  
Legal Professionals ◽  
Legal Standards ◽  
Eu Legislation ◽  
Negative Results ◽  
Russian Law ◽  
The Eu

AbstractThe article deals with the fascinating and uneasy relationships between the Internet and intellectual property. The author intends to give a concise overview of this problem in light of Russian law and international legal standards. Some decisions of Russian courts will be examined. This problem is rather new for Russia; and the main difficulty is that neither judges nor other legal professionals have yet become used to working with IP on the Internet. This note will look into copyright in the Internet and analyze the controversy of domain names-trademarks. Special attention will be devoted to the issue of linking and technological measures for copyright protection. A draft law that aims to amend existing Russian copyright legislation will be analyzed. This draft, if adopted, will bring significant changes to the traditional copyright system of Russia. The author will argue that the approach used by the drafters is deficient and can, in fact, yield negative results for the parties concerned. The article compares the draft with the relevant provisions of US and the EU legislation and international treaties.

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