scholarly journals Possibilities Usage Blockchain Technology For Protect Intellectual Property Rights In Ukraine

2021 ◽  
pp. 14-21
Author(s):  
L.V. Zinych
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Advantages And Disadvantages ◽  
Blockchain Technology ◽  
Rights Management ◽  
User Data ◽  
Basic Technology ◽  
Access Rights ◽  
Access Right

In the article the author explores the prospects of using blockchain technologies to protect intellectual property rights. The purpose of this study is to identify the main advantages of this technology, analysis of foreign legislation and proposals for improving existing legislation. The analysis of activity of operating services on the basis of blockchain technology WIPO Proof, Blinded, Ascribe and practice of their application is carried out. Promising areas of use of blockchain technology in the field of intellectual property should be: ensuring the automatic storage of data of applications for intellectual property rights; opportunity to confirm intellectual property rights; separations of access rights to the object of intellectual property rights. Ensuring automatic storage of data of applicants for intellectual property rights. Services based on blockchain technology allow you to securely store user data. The reliability and completeness of the data rests with the user of the services. Ability to confirm intellectual property rights. Analyzing advantages and disadvantages of blochchain technology, it should be noted that this technology will have a positive result in Ukraine, namely build on the basic technology of blockchain register of intellectual property rights. By analogy with the State Land Cadastral to blockchain technology. Separation of access right to the object of intellectual property rights. The advantage of this service is the ability to enter into smart contracts, which are confidential because they are stored in encrypted form, reduces time and money. The parties can be sure that the terms of the agreement will be met, and no one will change them. In conclusion, blockchain technology has significant prospects and provides an opportunity to qualitatively transform the field of intellectual property in the direction of providing reliable evidence of authorship, facilitating content control and user rights management.

Significant choice-of-law interests and its impact on the formation of choice-of-law regulation in the field of intellectual property

2021 ◽  
pp. 186
Author(s):  
Svetlana I. Krupko
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
The State ◽  
Close Connection ◽  
Choice Of Law ◽  
Applicable Law ◽  
Advantages And Disadvantages ◽  
Special Rules

This article analyzes the choice-of-law interests of specific and potential participants in the relations of intellectual property rights and the state in order to establish the closest connection of the above type of relation with the state, whose law should be applied. Taking into account the directionality of significant choice-of-law interests, advantages and disadvantages of territorial and universal approaches, a theoretically based solution is proposed for the formation of a general choice-of-law rule on the law to be applied to the relation of intellectual property rights. It was revealed in the study that the diversity of the relations of intellectual property rights (their obligatory and non-obligatory, property and personal non-property nature, other differences in legal features) does not automatically generate a multidirectionality of significant choice-of-law interests that should be taken into account when establishing a close connection of the above type of the relation with the state for determination of applicable law, does not prevent the formation of a general choice-of-law rule for the relations of intellectual property rights in general and does not unequivocally testify in favor of the specialization of its binding. However, the diversity of the relations of intellectual property rights should be examined and evaluated for the feasibility and limits of exceptions from the general choice-of-law rule and the development of special rules for resolving certain private of the relations of intellectual property rights.

Digital Rights Management and E-Commerce Transactions

2009 ◽  
pp. 214-242
Author(s):  
Dimitrios P. Meidanis
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Business Models ◽  
Digital Rights Management ◽  
Electronic Trade ◽  
Digital Rights ◽  
Organizational Challenges ◽  
Rights Management

This chapter investigates intellectual property rights clearance of as part of e-commerce. Rights clearance is viewed as another online transaction that introduces certain technological and organizational challenges. An overview of the current intellectual property rights legislation is used to describe the setting in which business models and digital rights management systems are called to perform safe and fair electronic trade of goods. The chapter focuses on the technological aspects of the arising issues and investigates the potentials of using advanced information technology solutions for facilitating online rights clearance. A case study that presents a working online rights clearance and protection system is used to validate the applicability of the proposed approaches.

INTELLECTUAL PROPERTY — RIGHTS MANAGEMENT

2002 ◽  
Vol 18 (4) ◽  
pp. 259-263
Author(s):  
Jacqui Walker ◽  
Andrew Sharpe
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Rights Management

scholarly journals The Franchise Agreement in International Trade: its Advantages and Disadvantages

2021 ◽  
Vol 39 (69) ◽  
pp. 296-316
Author(s):  
Mohammad Mehdipour ◽  
Parviz Bagheri
Keyword(s):  
International Trade ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Know How ◽  
Advantages And Disadvantages ◽  
Limited Duration

The aim of the article is to analyze the implications of the franchise agreement in international trade. One of the contracts that is usually registered after the appearance and registration of property rights, and especially after the development of trademark rights, is the franchise agreement. A franchise agreement is a contract entered into between the franchisor and the franchisee as the owner of the intellectual property rights. In other words, the franchisee often uses trademark rights and intellectual property rights owned by the franchisor, which have a limited duration. It is concluded that, in franchise agreement, there is a right to enforce the franchisor's business method, which is implemented within the network (this method includes the use of intellectual property rights and know-how). This contract has detailed terms and is closely related to intellectual property rights and competition rights. The franchise must be distinguished from the distribution contract, the concessionaire, and the license. Under this agreement, the franchisee enters the franchise network and agrees to use the franchisor's method of negotiation and pay royalty-free payments instead.

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