scholarly journals PATENT TROLLING AND LEGAL REGULATION OF ARTIFICIAL INTELLIGENCE (EXPERIENCE OF THE UNITED STATES OF AMERICA)

2021 ◽  
pp. 39-46
Author(s):  
A. G. Barabashev ◽  
D. V. Ponomareva
Keyword(s):  
United States ◽  
United States Of America ◽  
Patent Protection ◽  
Industrial Revolution ◽  
The United States ◽  
Legal Regulation ◽  
Scientific Activity ◽  
Legal Norms ◽  
Innovation Activities ◽  
Russian Soil

The article deals with a unique legal phenomenon that requires regulation in the context of protecting the rights of inventors to the results of scientific activity — patent trolling. Due to the imperfection of the patent system and patent legislation, the subjective rights of “bona fide inventors” in the field of scientific and innovation activities are constantly violated by “patent trolls”. On the example of the law enforcement practice of the United States of America, legal methods of countering this phenomenon are illustrated, the conditions conducive to its occurrence are analyzed. A conclusion is presented on the need to take into account the experience of the United States when amending the legislation of the Russian Federation on patent protection. It is noted that in the era of the fourth industrial revolution, the issue of combating “unscrupulous” copyright holders becomes one of the most acute. The criteria for assessing the “bad faith” of a patent infringement claim, developed by an American legislator, can become the basis for the development of similar legal norms on Russian soil and throughout the post-Soviet space.

scholarly journals CRIMINAL LIABILITY FOR HOMEOWNERS’ ASSOCIATION FRAUD IN THE UNITED STATES OF AMERICA

2017 ◽  
Vol 3 (4) ◽  
pp. 131-135
Author(s):  
Марина Романовская ◽  
Marina Romanovskaya
Keyword(s):  
United States ◽  
Criminal Law ◽  
United States Of America ◽  
Criminal Liability ◽  
The United States ◽  
Legal Regulation ◽  
Business Law ◽  
Apartment House ◽  
Homeowners Associations ◽  
Building Management

Relatively new type of business activity on apartment house management, which carry out the managing organizations, is on the hard way of development in present time. Numerous violations and crimes in this sphere are becoming more intellectual in nature. In some foreign countries the Association of homeowners (condominiums) is an analogue of our homeowners associations and the Institute of management of apartment houses has a long history. The author carried out the analysis of the main types of fraud in the apartment house management in the United States of America. Such acts include embezzlement (theft) of funds, violation of business law, falsification of the elections to the Board of the Association of owners of property, kickbacks in contracting, fictitious contracts. The main attention was focused on the specifics of the criminal-legal regulation of liability for fraudulent acts in the management of condominiums on the example of the criminal law of the State of California and certain judicial decisions. In particular, the influence of Anglo-Saxon legal system has found the expression in the fact that the criteria for recognition of the person guilty of embezzlement (embezzlement) of funds of owners of property determined by case law, not criminal law. The author has studied the positive experience of the counteraction of irregularities in the activities of the apartment house management by establishing the criminal prohibitions of the concealment or distortion of information on the financial status of the managing organization or condominium. Study of the foreign experience of the classification of crime, counteraction of financial violations in the sphere of apartment building management and reparations for victims of financial crimes will be useful for the scientific understanding of the problem of combating crimes in the sphere of apartment house management in our country.

Patents, Invention and Democracy in Britain and the United States to 1852

2019 ◽  
Vol 60 (1) ◽  
pp. 9-30
Author(s):  
Sean Bottomley
Keyword(s):  
United States ◽  
Political System ◽  
Patent Protection ◽  
Industrial Revolution ◽  
The United States ◽  
Contributory Factor ◽  
British Patent ◽  
American System ◽  
Application Procedure ◽  
Catch Up

Abstract This paper surveys the American and British patent systems in the period prior to the latter’s reform in 1852 and coinciding with the period of the first industrial revolution. It has been suggested that the British system’s archaic application procedure, extortionately high fees and hostile courts were indicative of an oligarchic socio-political system that purposively sought to restrict access to patent protection, as was apparently typical across Europe. Conversely, the American system was an open and democratic one, intended to provide patent protection to as many sections of society as possible. This paper argues for a less stylized comparison. British courts were not so hostile to patents (and patentees) as has been commonly supposed. Neither was it so difficult to obtain patent protection: for all its faults, the evidence that the British patent system was designed to restrict access to its provisions is nugatory. Consequently, explanations for America’s technological catch-up and eventual supplantation of Britain and Europe as global technological leader cannot invoke ‘superior’ patent institutions as a contributory factor.

scholarly journals American Stage of Pitirim Sorokin’s Linguistic Biography

2019 ◽  
Vol 16 (1) ◽  
pp. 35-44
Author(s):  
Natalia S Sergieva
Keyword(s):  
United States ◽  
United States Of America ◽  
The United States ◽  
Scientific Activity ◽  
Scientific Thinking ◽  
Linguistic Features ◽  
Professional Activities ◽  
Pitirim Sorokin ◽  
The University ◽  
Scientific Worldview

The article discusses the features of the bilingualism of an eminent sociologist of the twentieth century Pitirim Sorokin in the American period of his life. The purpose of the study is to identify and explain the linguistic features of his scientific thinking in connection with the development of his scientific worldview. The study is based on the materials of Pitirim A. Sorokin Collection at the University of Saskatchewan (Canada). Archival manuscripts and research notes allow us to trace the process of changing the language and switching codes in the professional activities of Pitirim Sorokin after moving to the United States of America. It has been established that the use of a mixed metalanguage by Pitirim Sorokin can be considered as additional evidence of the continued connection with the Russian period of his life and scientific activity. Russian remained for him a tool of scientific thinking, planning and management.

scholarly journals From Struggle for Law to Struggle for Sovereignty

2019 ◽  
pp. 11-20
Author(s):  
A. A. Klishas
Keyword(s):  
United States ◽  
International Cooperation ◽  
Russian Federation ◽  
United States Of America ◽  
System Analysis ◽  
The United States ◽  
Legal Regulation ◽  
Modern Trend ◽  
The Russian Federation ◽  
Constitutional Identity

Introduction. The article deals with the problems of sovereignty of modern states in the context of political confrontation at the beginning of the 21st century. The author performs a legal analysis of the issue of a state’s constitutional identity limitation by supranational interstate associations and the issue of inter-ference of some states in the affairs of others as a modern trend of interstate communication.Materials and methods. The theoretical basis of the research is the views of the German jurisprudent R. Jhering on the correlation of objective law and subjective law, as well as on the conditions that are necessary for the existence of the rule of law. The empirical basis of the research is represented by the current legal regulation of the Russian Federation and the United States of America, as well as by legislative initiatives being under consideration in the Congress of the United States of America. The methodological basis of the research is the formal logical method, the method of system analysis, structural and functional method.Results. On the basis of the analysis of modern trends in the interstate in-teraction and after consideration of individual domestic political decisions taken in the Russian Federation and the United States of America the author con-cludes, that the international cooperation is impossible without adopting sover-eignty ensuring government measures which measure up both to the violation of the state’s constitutional identity by interstate associations and to the interference of states into the internal affairs of others.Discussion and conclusion. Interference of interstate associations in a state’s constitutional identity and states’ consistent interference in the internal af-fairs of other states are an absolutely unacceptable practice from the standpoint of international law. Such a practice prevents the construction of international cooperation on the basis of consensus and mutual respect and brings to naught the effectiveness of interstate cooperation.

scholarly journals The Problem of Legal Regulation of International Information and Cybersecurity in Modern World Politics

2018 ◽  
Vol 5 (1) ◽  
pp. 66-72
Author(s):  
O V Stoletov
Keyword(s):  
United States ◽  
United States Of America ◽  
Cyber Security ◽  
State Level ◽  
The United States ◽  
Legal Regulation ◽  
World Politics ◽  
Modern World ◽  
Basic Principles ◽  
Legal Decisions

The article analyzes the approaches of the United States of America, Russia, China, India and Brazil to the problem of legal regulation of international information and cyber security. The author considers the positions of the states in relation to the basic principles of the existing international documents in the field of information and cyber security, analyzes new initiatives in the field of developing international political and legal decisions in this area, and studies the actual practice of political regulation of this sphere at the national-state level. The author concludes that the development of general principles of political and legal regulation of the sphere of international information and cyber security becomes an urgent need for a policy of global security.

General Introduction

2010 ◽  
pp. 1-21
Author(s):  
Farley Simon Nobre ◽  
Andrew M. Tobias ◽  
David S. Walker
Keyword(s):  
United States ◽  
20Th Century ◽  
19Th Century ◽  
United States Of America ◽  
Organization Theory ◽  
Industrial Revolution ◽  
18Th Century ◽  
The United States ◽  
Scientific Methods ◽  
The 19Th Century

The practice of organizing is ancient, but formal study of organizations is relatively new. The search for knowledge on organizations through scientific methods of investigation has received increasing attention since the beginning of the 20th century. Such investigations have found enough maturity and formality to constitute a new discipline known today as organization theory. Principles of organizations evolved with ancient and medieval civilizations, and developed and matured after the Industrial Revolution in Europe in the 18th century and latterly in the United States of America in the 19th century. Such a transformation flourished gradually after the apogee of the Renaissance in Europe which was marked by a period of revolution in thinking, supported by religious, economic, social and political changes (Wren, 1987).

Legal Regulation of Cooperation between the Russian Federation and the United States of America in Science and Technology

2019 ◽  
pp. 115-122 ◽  
Author(s):  
A. G. Barabashev ◽  
D. V. Ponomareva
Keyword(s):  
United States ◽  
Russian Federation ◽  
United States Of America ◽  
Science And Technology ◽  
Space Station ◽  
The United States ◽  
Legal Regulation ◽  
Cooperation Agreement ◽  
The Russian Federation ◽  
The Government

The paper is a review of the regulatory framework of the Russian-American cooperation in science and technology. The authors analyse the interstate and intergovernmental agreements concluded by Russia and the United States in this field (1992 Agreement between the Russian Federation and the United States of America on Cooperation in the exploration and use of outer space for peaceful purposes, 1993 Science and Technology Cooperation Agreement between the Government of the Russian Federation and the Government of the United States of America, 2013 Agreement between the Government of the United States of America and the Government of the Russian Federation On cooperartion in nuclear- and energy-related scientific research and development). The paper highlights the key problems of legal regulation and provides specific examples of the implementation of the provisions of bilateral agreements, in particular, joint Russian-American projects in the area of space, scientific, technological and educational cooperation (the program «Soyuz-Apollon», international project «International Space Station», the Russian Academy of Sciences and the US scientific institutions cooperation agreements). In conclusion, an attempt is made to identify the main trends in the development of the legal framework for cooperation between Russia and the United States in the scientific and technological field.

The anatomy of CUSMA’s patent: Does it still reflect an equipoise?

2021 ◽  
pp. 174113432110085
Author(s):  
Zeleke Temesgen Boru
Keyword(s):  
United States ◽  
United States Of America ◽  
Patent Protection ◽  
Final Section ◽  
Access To Medicines ◽  
The United States ◽  
Cost Cutting ◽  
Patent Term ◽  
Timely Access ◽  
Negative Implication

The Protocol of Amendment to the Agreement between the United States of America, Canada and the United Mexican States erased many of the TRIPS-plus provisions inserted earlier into the Canada- United States of America-Mexico Agreement (hereafter, CUSMA) signed on 30 November 2018. While the erasure of the provisions shows the contributions made to promote access to medicines, the Agreement still retains TRIPS-plus provisions, including the provisions on patent term extensions. Thus seen, irrespective of the changes introduced by the Protocol of Amendment, patent term extensions may have a negative implication on access to cost-cutting medicines (biosimilars and generics). Against this backdrop, this paper focuses on patent term extensions, as contained in the CUSMA’s Intellectual Property Rights (IPRs) chapter. The paper investigates if & how the patent term extension has the potential to impede access to affordable medicines (biologics and chemically synthesized medicines). In so doing, the paper provides possible responses to the question, do the provisions on patent term extensions hinder the timely access to affordable medicines? As such, the first part of the paper succinctly looks at CUSMA. Section “Patent protection under the TRIPS agreement” examines the TRIPS patent regime. While “The CUSMA’s rules on patent term extension” section discusses the nature of obligations included in the CUSMA’s IPRs chapter, the Section “The CUSMA’s rules on patent term extension vis-à-vis access to medicines” analyzes the potential implications of patent term extensions on access to affordable medicines. The final section concludes the paper.

scholarly journals Pharmaceutical innovations patenting: the experience of the Russian Federation, the United States of America, the European Union

2021 ◽  
Vol 65 (3) ◽  
pp. 269-275
Author(s):  
Diana A. Lebedeva
Keyword(s):  
United States ◽  
European Union ◽  
Russian Federation ◽  
United States Of America ◽  
The United States ◽  
Legal Regulation ◽  
Pharmaceutical Companies ◽  
The European Union ◽  
Innovative Solutions ◽  
The Russian Federation

Introduction. When patenting pharmaceutical innovations, in the context of rapid technological progress, pharmaceutical companies often have to face identifying patentable objects both in the Russian Federation and in the United States of America and the European Union. The aim of the study is to review the possibilities for patenting pharmaceutical innovations in the Russian Federation, the United States of America and the European Union, as well as to identify the advantages and disadvantages of legal regulation of innovative solutions of pharmaceutical companies in the context of the specifics of legal systems. Material and methods. The national legislation in patenting medical innovations was studied, and the relevant experience of the USA and the European Union was analyzed. The methodological basis of the research is made up of both general scientific and private scientific legal methods: systemic, method of concretization, methods of synthesis and analysis, as well as the comparative-legal method. Results. Depending on the legislator’s position, a basis is being formed for the legal regulation of innovative solutions of pharmaceutical companies, which may not yet be named in regulatory legal acts due to their fundamental novelty. Legal gaps and conflicts in the US and the EU are resolved through in-depth analysis and consideration of each specific dispute by the court. In Russia, the settlement of this issue is on the way to solving it through local regulations and the position of the relevant federal executive bodies. Conclusion. Patenting in the pharmaceutical field is mainly of a stimulating nature, since it allows protecting innovative solutions at the stage of their development. However, the legislator has particular difficulties in identifying patentable objects in the context of rapid technological progress.

scholarly journals Legal Regime for Open Access to Publicly Funded Research and Scientific Information in the European Union and the United States of America

2020 ◽  
Vol 15 (6) ◽  
pp. 201-213
Author(s):  
D. V. Ponomareva ◽  
A. G. Barabashev
Keyword(s):  
United States ◽  
European Union ◽  
Open Access ◽  
United States Of America ◽  
Scientific Information ◽  
The United States ◽  
Legal Regulation ◽  
The European Union ◽  
Scientific Publications ◽  
Research Results

The paper examines the best practices of the European Union and its member states, as well as the United States of America in terms of legal regulation of the relationship between intellectual property law and regulatory framework that provides open access to research results and scientific information. The authors note that the scope of protection provided for research results in the two largest jurisdictions — the European Union and the United States of America — varies. It is emphasized that, although the implementation of the principles of protecting the results of scientific research provided for by supranational and national legislation is based on contractual agreements between authors, publishers and universities, the framework established by the copyright regime is a determining factor in the form in which these agreements take on. At the end of the paper the authors conclude that there is harmonization of the analyzed supranational and national legal regimes. The authors point out that supranational and national copyright regimes should create favorable conditions for the dissemination and reuse of state-sponsored scientific publications.

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