Discussions on Judicial Protection of Intellectual Property Rights in Connection with the Development of Information Technologies

2019 ◽  
Vol 7 ◽  
pp. 15-18
Author(s):  
N. V. Buzova ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Information Technologies ◽  
Judicial Protection

scholarly journals Innovation IT-Payment Technologies as a Know-how and an Object of Intellectual Property Rights

2020 ◽  
Vol 38 (Especial II) ◽  
pp. 518-535
Author(s):  
Ernest Gramatskyy ◽  
Inha Kryvosheyina ◽  
Volodymyr Makoda ◽  
Liydmyla Panova
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Information Technologies ◽  
Personal Data ◽  
Modern Society ◽  
Research Information ◽  
Know How ◽  
Legal Method ◽  
System Method

The modern society necessitates the introduction of new IT-solutions to meet its needs. With the spread of know-how, the need for its detailed analysis with the further determination of the direction of development. The purpose is to carry out an analysis of the introduction and functioning of know-how, as well as to determine the vectors of its use, taking into account the needs of participants in legal relations arising in this area. The subject of research – information technologies (know-how) as objects of intellectual property rights in their use. The methodological basis consists of the method of analysis, the method of synthesis, the dialectical method, the comparative-legal method, the system method, and the logical-legal method. The result of this work is to identify the importance of the information technologies in everyday life of modern society and the level of popularity of their use, outlining possible vectors of development in the economics in the direction of digitalization and justification of the need to improve the provisions of current legislation within the considered topic, expressing the idea of the direction of innovative information policy in the direction of active use of blockchain and maximum compliance with the protection of personal data of customers.

Intellectual Property Rights Protection in Cyberspace

2020 ◽  
pp. 169-182
Author(s):  
Manjula Raghav ◽  
Nisha Dhanraj Dewani
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Information Technologies ◽  
Cyber Terrorism ◽  
Rights Protection ◽  
Intellectual Property Rights Protection ◽  
Global Commerce ◽  
Property Rights Protection ◽  
Information And Communication

Development and advancement in information technologies have paved the path for many challenges for the intellectual property rights holders. There are several forms of cybercrimes such as pornography, stalking, cyber fraud, cyber terrorism, etc., that are affecting people, hurdling e-commerce, challenging law, and disturbing the channel of information and communication. No doubt that cybercrimes are offences where the computer is the means of the commission of the offence as well as a target of the offence. Apparently, such offences are generated through electronic means where mens rea has no role to play. This unruly horse is creating several problems in the world of intellectual property, which has the capacity to affect global commerce. This chapter will focus on Indian case laws to showcase the interface between IPR and cyberspace. Also the dealing of issues like cybersqatting, cyberbullying, cyber theft will be discussed in order to check the competency of IPR.

scholarly journals The researching of information inequality in the market of information services

2021 ◽  
Vol 1 (4(57)) ◽  
pp. 45-48
Author(s):  
Natalia Kondratenko
Keyword(s):  
Intellectual Property ◽  
Information Security ◽  
Property Rights ◽  
Transaction Costs ◽  
Intellectual Property Rights ◽  
Information Technologies ◽  
National Level ◽  
Economic Problem ◽  
Information Services ◽  
Information Inequality

The object of research is information inequality. Information inequality is seen as a socio-economic problem that can be solved with the help of confident actions of the state. Data analysis confirmed the problem of the «digital divide» at the global and regional levels. The transformation of the information services market depends on the quality of the Internet. The growing number of Internet users is a global tendency, but at the regional level it is possible to see clear differences, which creates problems for obtaining quality educational, financial and professional services. Both negative and positive consequences of information inequality are considered. Along with the growing importance of modern information technologies and services in society, inequality between certain segments of the population is growing. Some people for various reasons may have restrictions on access to information, knowledge, information services, new digital products and modern technologies, while others may not have similar restrictions on access to them. The study found that the market for information services is specific in terms of protection of intellectual property rights. Aspects that would contribute to strengthening the protection of intellectual property rights to information services and products, information security are provided. Negative transactional externalities occur in the market of information services precisely when there is a decrease in information security due to violation of intellectual property rights by one person in relation to another, causing the last damage. To reduce the burden of transaction costs on market participants in information services, the directions of reducing transaction costs at the national level are substantiated. In all countries of the world, the COVID-19 pandemic has exacerbated the issue of information inequality. The study presents the principles for overcoming digital inequality.

scholarly journals Features of the legislation of the Republic of Azerbaijan in the sphere of copyright protection

2020 ◽  
pp. 243-249
Author(s):  
Azer Tofig Safarov
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Copyright Protection ◽  
Point Of View ◽  
Creative Activity ◽  
Moral Damage ◽  
The Republic ◽  
Judicial Procedure ◽  
Judicial Protection

Copyright protection is a priority orientation in the field of protection of intellectual property rights. Copyright does not allow other people to use the products of creative activity of authors without their permission. Copyright violaton causes the authors both material and moral damage. The copyright protecttion in jurisprudence implies the set of measures aimed at the restoration and recognition of copyright in case of their violation and also it protects the interests of the owner of these rights in violation or contestation of copyrights. The copyright protection is carried out in accordance with the procedure established by law, i.e. by applying of necessary forms, means and methods of protection. From this point of view, the copyright protection is divided to judicial and non-judicial (pre-judicial protection and protection by judicial procedure).

scholarly journals The modern concept of judicial protection of intellectual property rights

2019 ◽  
pp. 31-35
Author(s):  
Yurii BEDRATYI
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
European Integration ◽  
Intellectual Property Rights ◽  
Legal Status ◽  
Modern Concept ◽  
High Court ◽  
Intellectual Property Rights Protection ◽  
Property Rights Protection ◽  
Judicial Protection

Introduction. The European integration vector of Ukraine's development has significantly increased the requirements for the quality of legal and regulatory support for the effective protection of human rights, which is one of the main conditions for integration into the European political, legal, economic and cultural space. The analysis of existing works shows that the attention of the scientific community to the judicial protection of intellectual property rights has intensified in connection with the creation of the Supreme Court of Intellectual Property in 2017. However, as of 2019, the court is still in the process of forming a judicial corps. In view of this, it seems appropriate to summarize existing developments in the relevant field. The purpose of the paper is to summarize the conceptual foundations of judicial protection of intellectual property rights. Results. The article presents the results of research into the modern concept of judicial protection of intellectual property rights. Emphasis is placed on the availability of research-related work performed in different jurisdictions. It is emphasized that the bulk of studies on intellectual property rights and certain aspects of their judicial protection are concentrated in the field of civil law, but equally important are studies of economic, criminal and administrative nature. It is noted that the cross-sectoral nature of the institute of intellectual property rights has affected the development of an interdisciplinary judicial and legal approach to solving problems of securing these rights. The importance of scientific understanding of the legal status of the High Court on Intellectual Property is emphasized. The importance of taking into account the European experience of judicial protection of intellectual property rights in the context of the processes of European integration of Ukraine is emphasized. Conclusion. The trends identified are as follows. First, intellectual property rights research is carried out at both general and sectoral levels. Secondly, an important area of development of theoretical and methodological support for the judicial protection of intellectual property rights is the study of the legal status, peculiarities of formation and future functioning of the High Court on intellectual property issues. Thirdly, it is of utmost importance to the factors that enhance the effectiveness of intellectual property rights protection in the context of Ukraine's European integration aspirations.

scholarly journals Judicial Protection of Intellectual Property Rights in a Digital Economy: Is There a Need for Change?

2021 ◽  
Vol 2 (4) ◽  
pp. 114-126
Author(s):  
Natalya Buzova ◽  
Marina Karelina
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Modern Society ◽  
Developed Countries ◽  
Judicial System ◽  
Moscow City ◽  
The Russian Federation ◽  
Judicial Protection ◽  
Selection Of

The paper looks at improving the judicial system in Russia facing the rapid technological change of modern society in which new relationships are largely associated with different areas of intellectual property. Today biotechnology, digital rights, computer programs and scientific research materials have become widely used in civil circulation and their intellectual property rights should be effectively protected. The paper discusses different issues of protecting intellectual rights provided for by the Civil Code of the Russian Federation, aimed at both suppressing and preventing their infringement, and assesses the statistical indicators of the courts. The practice of the Intellectual Property Rights Court and the Moscow City Court shows that specialization yields positive results. The selection of judges, their professional development including their distinctive competencies in addition to legal ones, also help to find effective ways of resolving intellectual property disputes. With the protection of intellectual property rights being of great concern not only in Russia, but also in most developed countries of the world, their experience has also been thoroughly analyzed. The paper suggests a possible way of improving the judicial system under the current circumstances. Certain changes in the judicial system and the creation of additional specialized intellectual property courts could help to ensure an affordable, legitimate and effective mechanism for resolving disputes related to the violation of intellectual property rights.

scholarly journals Strategic directions and prospects for improving the activities of the Supreme Court on intellectual property

2020 ◽  
pp. 39-44
Author(s):  
V.V. Kuryava
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Large Scale ◽  
Political Influence ◽  
Modern World ◽  
Steady Increase ◽  
Public Authorities ◽  
Political Conditions ◽  
Judicial Protection

The evolution of intellectual property has led to a steady increase in their importance to the modern world economy. Intellectual property has become the highest indicator of the competitiveness of the modern state. Today, the objects of intellectual property rights are the driving force of state policy in all its spheres - economy, health care, security, food, labor, trade, environment, etc. In recent decades, in modern political conditions, the relationship between the executive and the legislature has changed, which has had an impact on the place and role of the judiciary in this system. This article is aimed at studying the modern institutional foundations of the formation of the judicial system in modern political conditions. The interaction of public authorities in the context of decision-making on the establishment and organization of security, in particular the High Court of Intellectual Property, is studied. Our country is endowed with high scientific potential, as evidenced by the state of scientific, technological and innovative development. However, difficulties in the field of commercialization, protection and defense of intellectual property rights cause large-scale losses to our state, reduce the competitiveness of intellectual property rights. Among such problematic aspects is the lack of an effective system of judicial protection of intellectual property rights: instability of conditions for inventive and innovative activities; underdevelopment of elements that ensure the commercialization and protection of patented achievements; use of unlicensed software, counterfeit and counterfeit goods; high level of Internet piracy; inefficient and non-transparent royalty collection system; lack of an effective judicial protection system. This situation creates real economic problems and threats to our state, which require their immediate solution, scientific justification of the mechanism for overcoming them. Modern conditions for the development of public administration in Ukraine significantly affect the interaction of all branches of government, balancing their interaction and interaction, including the judiciary. The political influence on the judiciary is especially acute, which increases the attention to the problems of institutional support of the newly created court.

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