scholarly journals The scope of criminal liability for misappropriation of authorship in EU countries: comparative analysis

2020 ◽  
pp. 192-217
Author(s):  
Ramunė Steponavičiūtė

Intellectual property legal protection is undoubtedly one of the most important factors and conditions of effective economic, social and cultural development in modern society. According to researchers, absolute majority of countries in the world have set criminal liability for certain crimes against intellectual property rights, including all of the European Union (hereinafter – EU) countries. One of those crimes is misappropriation of authorship. Yet the criminal laws of EU countries criminalise misappropriation of authorship very differently - some protect not only author rights but also related rights, the conditions for criminal liability in the general corpus delicti are of a very different scope as well as the punishments for those crimes differ significantly. This analysis will present the scope of criminal liability in all the EU countries, including the reasons why, as well as will try to find the answer whether ways of coping with these difficulties exist.


2020 ◽  
Vol 83 ◽  
pp. 01013
Author(s):  
Mária Dzúrová

Consumer protection is a very wide-ranging issue and needs to be given due attention. It concerns the safety of consumers in the environment of individual countries of the world, it concerns the consumer safety of certain groups, such as the European Union. The basic frameworks of consumer protection are set by the guidelines of world organizations - the UN, WHO, but also the European Union and individual member states. In the area of consumer protection, attention is paid to major health problems caused by unsuitable food, such as food scandals, various types of diseases - mad cow disease, swine fever, covid 19.



Author(s):  
Viktoriia Bredikhina ◽  
◽  
Yuliya Ignatyuk ◽  

Atmospheric air is one of the main vital elements of the environment. The constant growth of the negative anthropogenic impact on it leads to a deterioration in the ecological state of the environment, an increase in morbidity and an increase in the risk of mortality among the population. This article explores the basic principles of legal protection of atmospheric air, on which EU legislation is based. In particular, ‒ is taking into account influences, practical reach, the principle of universality, uncertainty of requirements for specific technologies, the principle of the best available technologies, as well as the principle of "pollutant pays". The authors also analyzed the standards and standards of air quality of the EU, proposed ways to solve the problem of improving national legislation in this area, bringing it in line with international standards. The experience of some European countries proves the need and importance of implementing effective standards of air pollution, since ignoring such normalization can lead to detrimental consequences not only in Ukraine but also around the world. The article states that the regulatory and legal regulation of this sphere in the EU is effective and in a sense exemplary, because with the help of various legal instruments effective air protection is carried out, adaptation to climate change, which makes it possible to properly ensure environmental safety of the population not only in Europe, but also around the world. Ukraine, by adopting relevant regulations at the present stage of the development of legal regulation, takes generally successful steps in the field of approximation of its environmental legislation to EU legislation. However, this process is still gaining momentum and does not exclude problems, contradictions that can inhibit this approximation.



Author(s):  
Tim Press

This book focuses on intellectual property (IP) rights as they apply in the UK, including rights created by the EU. Legal systems around the world have seen fit to create these rights or causes of action to protect intangible concepts such as inventions, literature, brands, designs, and so on. It is said that IP protects the products of the mind, but that does not really apply to brand protection or to the protection of some types of information. As IP rights are so diverse, the theoretical bases for legal protection vary and are dealt with separately in their relevant chapters. However, there are some common approaches, namely, the neo-classical micro-economic theory, rights-based, and other approaches. Common legal topics are dealt with here as they affect more than one IP right. Particular issues flowing from them will be mentioned in the following chapters.



Author(s):  
Анатолій Кодинець ◽  
Анастасія Сідоренко

The article deals with the features of legal protection of geographical indications in Ukraine. The basic international acts protecting geographical indications in Ukraine are outlined, including the Paris Convention for the Protection of Industrial Property of 1883, the Agreement on Trade-Related Aspects of Intellectual Property Rights in 1994. (TRIPS Agreement), which operates within the framework of the World Trade Organization and extends to goods originating in the Parties to the Agreement, Madrid Agreement 1891. and the Lisbon Agreement on the Protection of Designations of Origin and their  International Registration in 1958, (Ukraine is not a party to the last two agreements). It also outlines the main national legal acts that protect this object of intellectual property, including the Civil Code of Ukraine, the Law of Ukraine «On the Legal Protection of GeographicalIndications», the Law of Ukraine «On Protection against Unfair Competition» and others. The purpose of the study is to analyze changes in the legislation on the legal protection of geographical indications, which came into force on January 1, 2020 andbecame one of the ways to adapt the acts of national legislation to the law of the European Union in accordance with the commitments made by Ukraine after signing theAssociation Agreement with EU. These include changing the name of a special law that protects geographical indications. In addition, the change in terminology, the replacement of the term «indication of origin of goods» and its components by the term «geographical indication». The new also provides legal protection with homonymousgeographical indications; submitting an application for a geographical indication in electronic form, and at the same time providing a product specification and a description of its basic provisions. The article also addresses issues that remain unresolved, a large number of European geographical indications protected under the EU Association  Agreement and a very small number of registered geographical indications originating from the territory of Ukraine and the prospects of protecting national geographical indications in Ukraine and beyond.



2020 ◽  
Vol 3 (8) ◽  
pp. 54-63
Author(s):  
Iveta Adijāne

There still is a lack of unity among EU Member States on asylum issues, both, in the practical application of the existing legal framework and in the direction of the common asylum system. Latvia is subject of both international and European Union common asylum conditions. Any changes in the scale of the European Union affect Latvia, and the world situation in the field of refugees also affects our country. The aim of this article is to analyse the current situation of asylum in the EU, touching upon main trends in the world of refugees, and to identify the main problems in the existing asylum procedure in the EU. In order to achieve objectives, following research methods were used: monographic research of theoretical and empirical sources in order to analyse and evaluate various asylum domain information, analytical method in order to acquire legislative content and verities, comparative method in order to discover differences in legislation of asylum procedure in EU countries, systemic method in order to disclose interconnections in legislation, descriptive statistics method and correlation analysis in order to analyse process of asylum procedure and determine interconnections in asylum procedure time frame between legislation and practical instances in EU countries.



2018 ◽  
Vol 40 (1) ◽  
pp. 73-84
Author(s):  
Kamila Kasperska-Kurzawa

SOCIETY OF THE 21ST CENTURY AGAINST THE THREAT OF ISLAMIC TERRORISMThe subject matter includes the issue of transformation in the consciousness of the societies of European Union countries, but also communities in other areas of the world, perception of the phenomenon of migration to the territories of native countries, mainly in the European Union. The period of rapid socio-political changes in Islamic states, as well as the outbreak of civil war in 2011 in Syria, was the largest stimulator of migration movements from the Middle East, especially those covered by military operations in Europe. Hundreds of thousands of migrants continued to reach EU countries. Germany widely opened the door of its state and accepted the largest number of migrants. Some countries, such as Poland or Hungary, refused to accept migrants from countries with an Islamic origin. Migration on such a mass scale caused many social problems. The perceived sense of security of the community has deteriorated considerably in the EU countries where the most migrants came. The decline in the sense of security included areas not only of safety for life and health, but also concerns about reducing the level of social status or increasing unemployment. However, the biggest threat to the community of the EU countries, and many other countries in the world was ahuge increase in terrorist attacks, where the attackers came from orthodox Islamist groups. It should be added that the majority of migrants were Muslims. Another phenomenon also affecting the reduction of the level of perceptible security of European societies was the reactivation of political groups that in their ideologies presented the slogans of populism, nationalism, racism, or even fascism. There has been a clear polarization of Western societies, where until now they were arefuge of democracy, tolerance and values for which they fought for years. Undoubtedly, the politics of Erdogan, the president of Turkey, and the president of Russia, Putin, also influencedthestate of security of societies, and tried to influence EU decisions with their actions. Russia, let the annexation of Crimea and activities in Ukraine be left in peace, and Turkey, to force the EU to acceleratethe admission of this country to the EU. Also calling up the so-called Islamic state posed a huge threat to the security of the communities of European Union countries with attacks inspired by this terrorist group.



Author(s):  
Олександр Дорошенко ◽  
Людмила Работягова

The article discusses the main provisions of the institution of intellectual property law — an unregistered industrial design, which was introduced into the legislation of Ukraine through the implementation of the provisions of Art. 212–217 Chapter 9 «Intellectual Property» ofthe Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand, and harmonization with the norms of Directive 98/71/EC of the European Parliament and of the Council of 13 October 1998 on the legal protection of designs and Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs.The authors analyzed the main features of the legal protection of industrial designs as unregistered industrial designs, namely: without registration for a short period of time, with a limited scope of rights. The legal regulation of the protection of an unregistered industrial design in Ukraine is similar to the legal regulation of an unregistered industrialdesign of the Community and has the same advantages and  disadvantages.Since the Community Design Regulation came into force, one important question has always lingered: can a design which is first disclosed outside the EU territory be protected by an unregistered Community design right when it is subsequently disclosed within the EU? The UK court’s recent reference to the Court of Justice of the European Union may finally will answer this question. The same question arises in relation to an unregistered industrial design in accordance with the new legislation ofUkraine and requires further clarification in law enforcement practice.Of equal interest is a date for assessing the novelty of a design. Is the date for assessing the novelty of a design for which unregistered Community design protection is the date on which the unregistered Community design protection for the design came into being according to the Regulation, or alternatively the date on which the relevantevent of disclosure of the design could reasonably have become known in the normal course of business to the circles specialized in the sector concerned, operating within the Community, or alternatively some other, and if so, which date?



Author(s):  
Catherine Seville

This chapter surveys the emergence and development of Intellectual Property (IP) law in Continental Europe and Britain. The story begins largely in the middle ages with the grant of territorially-confined inventors’ and printers’ privileges, and traces the development of these privileges into the four main species of IP rights recognized throughout the world today. A key theme is the varied national histories that underpin the development of each IP right even within the geographical confines and relative social and political homogeneity of Western Europe, and the extent of modern IP law’s embeddedness in the industrial and cultural development of individual states. The chapter ends with an account of the emergence of a European perspective on IP, as expressed in the nineteenth-century Paris and Berne Conventions, and its development by general and IP-specific European communities, including the EU, which has established unitary patent, trademark, and design rights for its Member States.



Author(s):  
Tim Press

This book focuses on intellectual property (IP) rights as they apply in the UK, including rights created by the EU. Legal systems around the world have seen fit to create these rights or causes of action to protect intangible concepts such as inventions, literature, brands, designs, and so on. It is said that IP protects the products of the mind, but that does not really apply to brand protection or to the protection of some types of information. As IP rights are so diverse, the theoretical bases for legal protection vary and are dealt with separately in their relevant chapters. However, there are some common approaches, namely, the neo-classical micro-economic theory, rights-based, and other approaches. Common legal topics are dealt with here as they affect more than one IP right. Particular issues flowing from them will be mentioned in the following chapters.



2021 ◽  
pp. 46
Author(s):  
Alla Samoilenko

Introduction. Developed countries began to digitize their national economies resulting in transformation of human capital with digital and information technologies by making new demands on education. Transformational changes in the conditions of the world society development in the context of globalization put forward the need to reform the system of training, retraining and advanced training, as well as to promote the development of human capital creative abilities in accordance with the needs of the digital economy.The purpose of the study is to provide a scientific bases for the definition of the «digital economy» concept and to distinguish its key components, to outline the digitalization features and identify «digital gaps» in the EU countries using the Index of Digital Economy and Society (DESI).Methods. According to the purpose of the study, modern scientific methods of cognition were used, in particular: general scientific research methods (logical analysis, theoretical grounding, ascent from abstract to concrete, formalization and generalization), as well as the method of statistical observation.Results. The article presents the author’s views on the interpretation of the “digital economy” concept which allowed detailing the individual properties and structural elements of the digital economy. Based on the research by the Organization for Economic Co- operation and Development (OECD), three main components of the digital economy are presented. The infrastructure of the digital economy is identified with market and planning approaches. Using the DESI Index on the example of EU countries, an analysis of five key components was performed, including communications, human capital, the Internet use, integration of digital technologies and digital public services. The current state of digital economy in the EU countries was also presented. The author emphasizes the importance of governments role and their prudent policy to motivate the population to use digital and information technologies, to increase awareness in this area and the overall level of country digitalization.Discussion. The success of the country in the digital economy development will further depend on the national digital and information capabilities, the development of internal infrastructure, the readiness of society for transformational changes, dictated by globalization. The necessary legal framework of the digital economy, balanced state strategies for IT development, formation of the potential for professional skills development and basic ICT literacy, as well as professional career in the information field will result in positive changes in national economies under context of digitalization.Perspectives. Prospects for further research include the need for statistical analysis of the digital economy key components in the regional context of the world countries, actions ranking and sequencing in the theoretical and methodological support of measures to enhance the use of digital and information products by countries.



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