scholarly journals The review of the legal aspects for the declining the risks of the IT-productions intellectual property rights infringement

2018 ◽  
pp. 35-45
Author(s):  
Natalia Rulykova ◽  
◽  
Yevgeniya Shvets ◽  
Author(s):  
Оксана Алексеевна Владимирова

Статья посвящена анализу организационно-правовых аспектов реализации прав интеллектуальной собственности лиц, осужденных к лишению свободы. Рассмотрен сложившийся опыт, особое внимание уделяется проблемным вопросам реализации осужденными личных неимущественных и исключительных интеллектуальных прав: связанным с приобретением права интеллектуальной собственности, затруднениям осуществления интеллектуальных прав, вызванным режимными требованиями. Творческая деятельность человека - одно из самых эффективных средств исправления, по мнению автора, поскольку именно она является высшей сознательной деятельностью. Поэтому необходимо поощрять и развивать в исправительных учреждениях данный вид деятельности, всемерно содействовать ее реализации. Предлагается создавать в исправительных учреждениях кроме уже имеющихся ресурсов специальные лаборатории, мастерские и т. п. центры для реализации творческой, в том числе научно-творческой потребности осужденных. При необходимости всячески содействовать осужденным при реализации процедуры получения патента. Кроме того, в рамках правового просвещения осужденных необходимо информировать о возможностях реализации авторского или патентного права в рамках имущественных отношений. This article is devoted to analysis of legal aspects of implementation of intellectual property rights of persons sentenced to deprivation of liberty. Abstract: the experience, a special attention is paid to the problematic issues of implementation of convicted persons of exceptional moral and intellectual rights: associated with the acquisition of intellectual property rights, difficulties in the implementation of intellectual property rights, caused by the regime requirements. Human creativity is one of the most effective means of correction, in the author's opinion, as it is the higher conscious activity. It is therefore necessary to promote and develop in correctional institutions this activity, to contribute fully to its implementation. It is proposed to establish in correctional institutions in addition to the existing resources of the special laboratories, workshops, etc. centers for the implementation of creative, including research and creative needs of prisoners. If necessary to fully support the convict in the implementation of the procedure of obtaining a patent. In addition, the legal education of prisoners should be informed about the possibilities of implementation of copyright or patent rights in the framework of property relations.


Author(s):  
O.V. Boychenko ◽  
O.Yu. Smirnova

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.


2020 ◽  
Vol 5 (5) ◽  
pp. 165
Author(s):  
Ruslan Fyl ◽  
Galina Luk'yanova

The purpose of this article is to describe the content of the economic and legal bases of counteraction to the circulation of counterfeit goods. Using systemic and formal-logical methods, the amount of economic losses is outlined and the magnitudes of consequences arising from the circulation of counterfeit goods for the state, patent holders, consumers and manufacturers of counterfeits are outlined. It has been stated that drugs, toys, agrochemicals, and foodstuffs are the most counterfeit at the moment and are not only supported by crime as a crime in the field of intellectual property, but also endanger the lives and healths. Considering the market of counterfeit goods described its features, which are that the operation indicated the author but due to factors such as low solvency of the population in developing countries; the inability to sell counterfeit products separately from the original products, due to the fact that the original products are used for masking in the sale of counterfeiting; lack of specialized equipment for establishing counterfeit goods and knowledge of the original; scale and narrow specialization of counterfeit goods market participants; the transnational nature of this market; splicing organized crime with law enforcement agencies; high profitability of counterfeit market. The practical importance of the research is the documentary analysis examines the international legal aspects of counterfeiting of such goods and notes that the rules of the Agreement on Trade-Related Aspects of Intellectual Property Rights, TRIPS and the EU Customs Regulation on Intellectual Property Observance set out measures to combat trafficking in goods that infringes intellectual property rights. Consequently, successfully tackling counterfeit goods trafficking requires a constant search for innovative methods of struggle. An effective strategy for overcoming this phenomenon should combine the various measures of its counteraction, all of them should be used in a coordinated and systematic way, complementing each other. Therefore, both economic and political management methods must be taken into account to overcome the counterfeit. And only their optimal combination will have the greatest effect in the formation of concepts of counteraction to the circulation of counterfeit goods. And this is definitely worth the effort since the innovative and economic development of the state depends on solving the problem of creating an effective system of protection of intellectual property rights. Methodology. A methodological framework of the economic and legal bases of counteraction to the circulation of counterfeit goods is defined by the complex of scientific cognition methods that allow us to look at this problem as a multi-aspect, interdisciplinary phenomenon. On the basis of the system, structural, systemic-functional and other scientific approaches, the idea of counteraction to the circulation of counterfeit goods has formed a complex systemic category covering the theoretical and practical level of economic and legal activity.


2018 ◽  
Author(s):  
Reni alfiani

Intellectual Property Rights is related to the protection of the application of ideas and information that has commercial value, For owners of ideas and information that has commercial value, Intellectual Property Rights is a personal wealth that can be owned and treated as same as other forms of wealth. That same treatment is like reselling or renting it. So that ideas and information that has commercial value is not used by another person who is not responsible, then there must be protection from a legal perspective. This paper briefly discusses about the two cat- egories that are protected under intellectual property rights, namely copyrights and patents. On the other side, this paper aims to provide an understanding of the legal aspects of copyright and patent registration.


2018 ◽  
Author(s):  
Rikiarinata

Intellectual Property Rights relate to the protection of the application of ideas and information that have commercial value. For owners of ideas and information that have commercial values, Intellectual Property Rights are personal property that can be owned and treated with other forms of wealth. The same treatment is like trading or renting it out. So that ideas and information that have commercial value are not used by others irresponsibly, then there must be legal protection. This paper briefly discusses two categories that are protected in Intellectual Property Rights, which are copyright and patent. On the other hand this paper aims to provide an understanding of the legal aspects of copyright and patent registration.


Author(s):  
Daniil Shmatkov

Problem setting. In March 2021, the Cabinet of Ministers of Ukraine approved the Concept for the Development of Digital Competences and approval of an action plan for its implementation, one of which is the development and approval of a description of digital competence (digital competence framework) and relevant digital competence frameworks for major professional groups. The Ministry of Education and Science reported on the development and implementation of the relevant digital competences framework, and on March, 30 published a document containing 4 dimensions, 6 areas, 30 competences and 6 levels of digital skills. Legal aspects are relevant in terms of adapting the laws to the challenges of the Digital Age. Therefore, the issue of the need to reflect legal aspects in the content of the digital competence framework is important and requires more detailed analysis. Analysis of recent researches and publications. Methods of systematic review of international research on the presentation of certain issues of referencing to digital literacy and digital competence were analyzed in the works of scientists such as A. Algers, S. S. Hashemi, M. Lundin, F. Pettersson, M. Spante. The aim of the study is to establish the frequency and quality of referencing to digital competence from a legal standpoint. The main body of the article. The presented study is based on a systematic search and analysis of the literature with the keyword “digital competence” using ERIC database. The search was conducted in June 2021 and included an analysis of the title, abstract, keywords, and main text to improve the efficiency of the process and the adequacy of the results. The systematic literature review included the following steps: identification, filtering, sorting, descriptive statistics, and meta-analysis. Using the search term “digital competence” we revealed 80 full-text peer-reviewed works. After excluding articles that did not contain the concept of digital competence legal aspects, 31 works were analyzed (39% of the initial number). In 49% of cases, scholars limited themselves to quoting certain legal aspects in the context of the formation of digital competence, in 51% of cases they performed analysis. Over the past five years, there has been a growing interest in general legal issues, general intellectual property issues, and specific intellectual property rights. At the same time, general legal issues (mostly legislation in the field of education) were approached in 54% of identified cases, general issues of intellectual property issues – in 8% of cases, specific intellectual property rights (mostly – copyright) – in 38% of cases. Only one work was dedicated to the development didactic improvements aimed at the legal aspects of the content of digital competence. Only one author thoroughly analyzes copyright in the context of the digital competence formation. Conclusions. The frequency and scale of referencing to digital competence from a legal standpoint in international educational research is low. This lack of research interest is reflected in the Digital Competence Framework for Citizens DigComp 2.1. To expand the analysis of interdisciplinarity and the reliability of the results, the prospect of further research is to study the level of development of the problem in related sciences and other databases.


2019 ◽  
Vol 109 ◽  
pp. 00011
Author(s):  
Ievgeniia Bulat

The innovative model of development of Ukraine requires implementation of measures aimed at stimulation and protection of intellectual property objects and development of such improved legislative basis in this sphere that would allow not only to preserve existing scientific potential but also to ensure proper protection of the rights of creators of such objects with possibility of their further commercialization. The necessity and expediency of introducing this legal protection improvement is shown on the example of such objects as scientific discoveries in mining engineering, business methods and innovative proposals. The article is devoted to the improvement of mechanism for legal protection of intellectual property rights to the intellectual activity results in context of integration processes that take place in Ukraine. A unified approach is proposed, which assumes revealing in practical part of each claimed object its protectable part, followed by procedure of patenting in accordance with the procedure stipulated by the current legislation.


2020 ◽  
Vol 168 ◽  
pp. 00023
Author(s):  
Ievgeniia Bulat ◽  
Roman Pichko

At the present stage those questions are especially relevant that are connected with civil legislation and intellectual property institution recodification. Intellectual property covers all fields of activity, in particular, agro-industrial, chemical, mining and other industries. The article defines that in Ukraine the necessity of civil legislation recodification includes the ridding of all explicit collisions. Also, it includes the implementation of the world’s best experience in civil relations regulation and its stability and in definition of the direction of the further normative and legislative development. The main directions of recodification of the Institute of Intellectual Property as one of the key civil law institutions of Ukraine are identified in the context of the article. The directions of improvement of legal norms, guaranteeing the inviolability of intellectual property rights, providing them with greater juridical security and their further rationalization are also determined in the context of the article.


2018 ◽  
Author(s):  
Reni alfiani

Intellectual Property Rights is related to the protection of the application of ideas and information that has commercial value, For owners of ideas and information that has commercial value, Intellectual Property Rights is a personal wealth that can be owned and treated as same as other forms of wealth. That same treatment is like reselling or renting it. So that ideas and information that has commercial value is not used by another person who is not responsible, then there must be protection from a legal perspective. This paper briefly discusses about the two cat- egories that are protected under intellectual property rights, namely copyrights and patents. On the other side, this paper aims to provide an understanding of the legal aspects of copyright and patent registration.


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