Medicaments and law (scientific review of the monograph of I.V. Ponkin and A.A. Ponkina «Pharmaceutical Law» (Moscow, GEOTAR-Media, 2017, 144 p.)).

2020 ◽  
Vol 7 (1) ◽  
pp. 123-126
Author(s):  
Tatiana M. Chelpanova
Keyword(s):  
Quality Control ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Scientific Review ◽  
Legal Science ◽  
Legislative Regulation

This publication is a review of the scientific monograph by I.V. Ponkina and A.A. Ponkina Pharmaceutical Law (Moscow: GEOTAR-Media, 2017). The author of the review offers conclusions about the uniqueness of the research conducted for Russian legal science and about its high relevance in the field of legislative developments and accepting urgent measures on the fact of the threat of the COVID-19 pandemic. The results of the research is the identification of a branch of pharmaceutical law in the Russia legal science and the possibility of legislative regulation of its unique legal elements in the field of production, use, quality control and safety of medicines, also in related branch of law, including intellectual property rights in the pharmaceutical field.

Calculation Of Material And Moral Damage Caused To The Author Of The Composition

2021 ◽  
Vol 03 (06) ◽  
pp. 132-140
Author(s):  
Ulugbek Kholmurodovich Isanov ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Framework ◽  
Topical Issue ◽  
Legal Science ◽  
Property Owners ◽  
Moral Damage ◽  
New Challenges

It is known that the protection of intellectual property rights and rights to it is an important factor in the development of this sector, increasing its investment attractiveness. After all, the formation of a class of intellectual property owners and the development of the necessary legal framework pose new challenges to the legal science as a topical issue today.

scholarly journals FEATURES OF FORECLOSURE ON INDUSTRIAL PROPERTY RIGHTS AS COLLATERAL

2020 ◽  
Author(s):  
Костянтин Оверковський
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Industrial Property ◽  
Fixed Price ◽  
Legal Literature ◽  
Legislative Regulation ◽  
The Law ◽  
State Registration

The article is devoted to the features of foreclosure on industrial property rights as a pledged item. The purpose of the article is to substantiate proposals for improving the legislative regulation of the procedure for foreclosing property rights of industrial property as collateral. The article investigates the special legal literature and the current legislation in the field of pledging industrial property rights and foreclosure procedures.Based on the study, generalized methods of foreclosure are inherent to secured industrial property rights: judicial — sale of pledge through electronic bidding, out-of-court — by concluding an agreement on satisfying the requirements of the pledge holder. All out-ofcourtmethods of collection are analyzed, based on them a method is proposed that will correspond to the nature of industrial property rights, namely, conclusion of an agreement on satisfying the requirements of a pledge holder. Also, in the article, considercases where the out-of-court method of foreclosure on property rights of industrial property cannot be applied, and foreclosure should only take place in a judicial proceeding, these cases are proposed to be fixed in the Law on pledges.Given the specificity of industrial property rights, certain proposals are proposed to improve the collection of such rights in the enforcement proceedings. Thus, the assessment of intellectual property rights requires a different approach than the assessment of things, so it is proposed to supplement Part 3 of Art. 57 of the Law of Ukraine«On Enforcement Proceedings» is such an object of valuation as property rights of intellectual property.In order to regulate the procedure for the realization and enforcement of industrial property rights, the legal bases for the transfer of these rights and their state registration require systematic refinement, in particular by supplementing the relevant state registers in the field of industrial property by such types grounds for the transfer of rights, such as: a fixed-price bidding act, an electronic bidding act, an ordinance and act of transfer of property to a debt collector, an agreement on satisfying the requirements of a pledge holder.The conclusions suggest amendments to the current legislation regarding the issues discussed above.

scholarly journals Directions of legislative regulation of the intellectual property rights distribution in R&D contracts, financed from the state budget, in the newly independent states (NIS)

Legal Ukraine ◽  
2020 ◽  
pp. 28-33
Author(s):  
Dmytro Makhnovsky
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Research And Development ◽  
Intellectual Property Rights ◽  
The State ◽  
State Budget ◽  
Legislative Regulation ◽  
Independent States ◽  
Newly Independent States ◽  
Model Agreement

The article analyzes the legislative regulation of the distribution of intellectual property rights in contracts for research and development, which are funded in whole or in part from the state budget, in the newly independent states: Ukraine, Belarus, Kazakhstan, Russia,Areas of legislative regulation in the newly independent states (Ukraine, Belarus, Kazakhstan, Russia) the distribution of intellectual property rights in R&D contracts, funded in whole or in part from the state budget. Settlement of distribution of intellectual property rights in R&D contracts, financed from the state budget, in the NIS countries is carried out through general regulation, covering all subjects of legal relations, and the adoption of special acts — to finance R & D from the budget. At the level of special legislation, there are differences between countries both in the system of legislation and in the presence of model agreements for the implementation of R & D. Also, principle of the Bai-Dole Act and EU regulations on the research Framework Programs, that ownership of IPR rights belongs to the contractor, is fully implemented only in Ukraine. It is important for the Ministry of Education and Science of Ukraine to develop a special model agreement for case, when research and development are being funded in whole or in part from the state budget. This Model agreement should contain options for the distribution of intellectual property rights and shall bring the provisions of model agreements on conducting research and development in accordance with the Art.11 of the Law of Ukraine «On state regulation of activities in the field of technology transfer» and Art. 64 of the Law of Ukraine «On scientific and scientific-technical activities». Key words: contracts for research and developments, intellectual property, rights to results of research developments.

scholarly journals PROBLEMATIC ASPECTS OF IN HERITANCE OF INTELLECTUAL PROPERTY RIGHTS TO VARIOUS WORKS OF SCIENCE, LITERATURE AND ART

2021 ◽  
pp. 76-83
Author(s):  
Nailya Gareeva ◽  
◽  
Amir Gareev ◽  
Keyword(s):  
Law Enforcement ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Objective Assessment ◽  
Science Literature ◽  
Legal Science ◽  
Legal Nature ◽  
Comprehensive Diagnosis

Among the key problems of law enforcement practice and legal science in modern conditions is the problem of inheritance of intellectual rights to works of science, literature and art, the peculiarity of which is due to their intangible nature and the legal nature of the actual acceptance of the inheritance. The aim of the study is an objective assessment of the grounds for the inheritance of intellectual property rights, criteria for intellectual property rights to be inherited. The scientific novelty of the research lies in a comprehensive diagnosis of the powers of the heirs of intellectual rights, the content of the process of inheritance of intellectual rights to works of science, literature and art, identifying the differences between the circle of heirs by law and by will.

PERLINDUNGAN HUKUM TERHADAP KARYA SENI BATIK YANG BELUM TERDAFTAR MENURUT UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA

2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Inggrit Fernandes
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Cultural Heritage ◽  
Intellectual Property Rights ◽  
Rapid Growth ◽  
Economic Value ◽  
Legal Protection ◽  
Property Law ◽  
Market Demand ◽  
Work Of Art

Batik artwork is one of the treasures of the nation's cultural heritage. Batik artwork is currently experiencing rapid growth. The amount of interest and market demand for this art resulted batik artwork became one of the commodities in the country and abroad. Thus, if the batik artwork is not protected then the future can be assured of a new conflict arises in the realm of intellectual property law. Act No. 28 of 2014 on Copyright has accommodated artwork batik as one of the creations that are protected by law. So that this work of art than as a cultural heritage also have economic value for its creator. Then how the legal protection of the batik artwork yaang not registered? Does this also can be protected? While in the registration of intellectual property rights is a necessity so that it has the force of law to the work produced

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