IDEAL SHARE IN EXCLUSIVE COPYRIGHT: UTOPIA OR REALITY?

2021 ◽  
Vol 21 (5) ◽  
pp. 166-192
Author(s):  
N.V. SHCHERBAK
Keyword(s):  
Theoretical Models ◽  
Intellectual Activity ◽  
Exclusive Right

The article discusses the problem of allocating ideal shares in exclusive copyright. The legal and dogmatic design of exclusive rights allows you to establish not only a joint, but also share right and this is fully consistent with the stimulating function of exclusive rights. The paper analyzes various theoretical models of exclusive right, and concludes that the lack of ideal shares in exclusive right becomes a stumbling block for commercializing the results of intellectual activity and leads to paralysis of civil turnover.

GENESIS OF THE CONCEPT OF INTELLECTUAL PROPERTY

2021 ◽  
pp. 5-12
Author(s):  
N. A. Vitchkovskiy ◽  
◽  
V. A. Osipov ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Scientific Literature ◽  
Limited Resources ◽  
Copyright Holder ◽  
Intellectual Activity ◽  
Property Theory ◽  
The Right ◽  
Exclusive Right ◽  
Dialectical Opposition

The growing importance of intellectual property as an economic asset raises the issue of the content of intellectual property in the scientific discussions and the identification of scientific prerequisites for the formation and development of the intellectual property theory. The paper aims at the improvement of the conceptual and theoretical views on the economic category of intellectual property through establishing the dialectical interrelation with the concept of property. The authors propose considering intellectual property as a materially expressed result of the mental (intellectual) activity of a person, which invests its creator (author) or legal entities with the exclusive right for it, and it is confirmed by the relevant officially issued protection documents (patents or certificates) or statutory prescribed copyright norms. The research revealed the dichotomous nature of intellectual property. The study of property and intellectual property categories allowed establishing their dialectical opposition in terms of materiality and possibility of copying a legal object, the urgency and territorial limitation of property rights, and, most important, the dynamics of value in the process of consumption. However, the property and intellectual property categories also have a dialectical unity, which is not noted in the scientific literature. It is expressed in the mechanism of origin of property rights (in both cases, they are related to the problem of limited resources resulting in the necessity to choose the variant of an asset use), and in the mechanism of application of these rights, associated with the presence of both the right and the restrictions of this right, as well as liabilities of a copyright holder.

On Certain Questions of Circulation of Exclusive Rights and Material Carrier of Objects of Intellectual Property

10.12737/5495 ◽  
2014 ◽  
Vol 2 (9) ◽  
pp. 5-10
Author(s):  
Марина Рожкова ◽  
Marina Rozhkova
Keyword(s):  
Intellectual Property ◽  
Civil Rights ◽  
Property Rights ◽  
Legal Protection ◽  
Legal Authority ◽  
Intellectual Activity ◽  
Named Objects ◽  
Exclusive Property ◽  
The Right ◽  
Exclusive Right

The article draws attention to the main sign of intellectual property, which set them apart from other objects of civil rights, their intangible nature. Given this characteristic, it is emphasized that in civil circulation are introduced themselves the objects of intellectual property and exclusive rights to them and physical media that embodies these objects. In addition, the rules of entering into civil turnover for the named objects of civil rights — exclusive rights and material carriers is different. Physical media are differentiated depending on what is the purpose for their creation. If the purpose of fastening of the object of intellectual activity on the material carrier is to obtain the legal protection of this object, it is a primary material embodiment; if the goal is the introduction of a quantity of material carriers — talking about secondary material embodiment. Exclusive (property) rights can be the object of civil transactions in situations where the right holder provides the legal authority: either alienates belonging to him of the exclusive right to fully or allows another person to one of the rights that make up the exclusive right, the right use of the object of intellectual property rights on conditions of the license.

scholarly journals Exclusive Right of Co-owners

2021 ◽  
Vol 1 ◽  
pp. 24-30
Author(s):  
S. V. Baganova ◽  
◽  
E. G. Belkova ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Historical Analysis ◽  
Property Law ◽  
Intellectual Activity ◽  
Legal Literature ◽  
The Right ◽  
Exclusive Right ◽  
A Share

The article gives a historical analysis of appearance and reinforcement of such a notion as “exclusive right” in special legal literature, as well as in legislation. The sufficiently detailed description of the category under consideration is given as a result of the conducted research. It is established that in modern understanding the term “exclusive right” comprises the set of property rights, the realization of which allows putting into practice the intellectual property usage; there fore this right represents a property law which takes part in civil circulation. It is indicated that the right under consideration is an exclusive right as it, by means of direct law prohibition, eliminates other entities (that are not exclusive owners) from the possibility of using the result of an intellectual activity or a means of individualization. Thus, the exclusive right is a monopoly scheme giving its holder the advantage of being the only one that has the possibility of its realization at his discretion in any way unless prohibited by law. It is established that Russian civil legislation is based on the legal scheme of exclusive right as an indivisible (integral) right. On the basis of the characteristics listed above, having highlighted the available opinions of specialists concerning the possibility of allocating an ownership interest in an exclusive right, the conclusion about the impossibility of allocating a share in an exclusive right is drawn. Issues of joint use and disposition of the exclusive right are brought to light, which initially must be discussed by the co-owners together, and if it is impossible to reach such an agreement between the right holders, it becomes necessary to resolve them by legal means. The mode of co-owning of the exclusive right over the result of intellectual activity and the means of individualization are determined.

scholarly journals Teleological Interpretation of the Category “Exclusive Right”

2021 ◽  
Vol 16 (4) ◽  
pp. 94-100
Author(s):  
S. V. Zykov
Keyword(s):  
Subject Matter ◽  
Legal Regulation ◽  
Intellectual Activity ◽  
Single Category ◽  
The Subject ◽  
Teleological Interpretation ◽  
The Right ◽  
Exclusive Right ◽  
Interpretation Method

The paper is devoted to the problem of interpretation of the exclusive right that, contrary to being consolidated as a single category, is formulated differently in relation to different objects of intellectual rights; the powers allocated therein, which constitute (although not exhaustively) its content, also do not coincide in different results of intellectual activity and means of individualization. The use of the teleological interpretation method allows the authors to examine the exclusive right both in the context of the “conflicting right” and the “right to cooperate”, both in statics and in dynamics of legal relations. The purposes for which the exclusive right is normatively formulated are to determine: the rights of a person to his own actions, actions constituting an offense, the subject matter of the contract on granting the right to use the result of intellectual activity and means of individualization. These main objectives may contain additional ones, such as determining the scope of the offence. The normative design of the content of the exclusive right is multilayered and multi-variant, but external contradictions are removed due to teleological interpretation that takes into account the purposes of the legal regulation.

Pecularities of Protection and Legal Regime of Official Works in the Field of Lighting Design

2018 ◽  
pp. 99-104
Author(s):  
Rimma Sh. Rahmatulina ◽  
Ekaterina A. Sviridova ◽  
Angela S. Voskovskaya
Keyword(s):  
Subject Matter ◽  
System Analysis ◽  
Lighting Design ◽  
Legal Regime ◽  
Design Work ◽  
Intellectual Activity ◽  
Legal Method ◽  
Exclusive Right ◽  
Future Work ◽  
Official Work

The legal regime of official works has a complex dichotomous construction. The issues connected with the creation of an official work are subject to the labour law, while the issues of official work usage are governed by copyright. The protection issues of lighting design works have their own characteristics due to technical, artistic creativity and use of special technologies. These objects are subject to copying, and because of this fact a lot of legal issues in the field of not only copyright, but contract law arise. The authors of the article aim to determine the signs of creativity for the recognition of a lighting design work as an object of copyright; to develop the criteria for assessing the identity of a design work, created under a contract, and the result of creative activity, the rights to which are transferred to the customer; to identify subjects of copyright for lighting design works. The article uses special legal methods (comparative legal method, formal­legal method and system analysis of legal phenomena method). On the assumption of Article 1295 provisions of the Civil Code of the Russian Federation, it can be concluded that it is possible to conclude an agreement on granting the employer the exclusive right to official lighting works, which were not yet created at the time of concluding such an agreement. The absence of a direct prohibition on the transfer or alienation of the exclusive right in respect of a future work may lead to the probability of recognizing such a contract as not concluded due to the inconsistency of its subject matter. In foreign jurisdictions, there is a ban on inclusion in the agreement of the condition on the result of intellectual activity not yet created (future works). At the same time, in advance to accurately identify the official work, which is to be created by the employee during his labour activity, should not deprive of legal force the contract on the use of official works by the employer. The article proves that the lack of definiteness of the subject, provided that such a subject can be classified as definable, does not entail recognition of this contract as not concluded, and its subject matter is not harmonized.

scholarly journals Intellectual Property in the Age of 3D Printing

2020 ◽  
Vol 15 (3) ◽  
pp. 121-127
Author(s):  
A. Yu. Churilov
Keyword(s):  
Intellectual Property ◽  
3D Printing ◽  
Industrial Design ◽  
Three Dimensional ◽  
Industrial Property ◽  
Intellectual Activity ◽  
Three Dimensional Printing ◽  
Income Generating Activities ◽  
Exclusive Right ◽  
Dimensional Printing

The paper discusses the features of three-dimensional printing and the innovations that it brought to the field of copyright, industrial property rights, in particular industrial design, and means of individualization. The concept and some features of three-dimensional printing technology are disclosed. The author studies the exclusive rights to which results of intellectual activity can be violated when using the technology of three-dimensional printing. It is concluded that exclusive rights to an industrial design, trademarks, and to copyright may be violated. The author investigates the actions that will not constitute a violation of the exclusive right to the considered results of intellectual activity. It is concluded that not every action would constitute a violation of exclusive rights, in particular, this applies to the use of a trademark for purposes not related to the introduction of goods into circulation; use of industrial design for purposes not related to the implementation of entrepreneurial or other income-generating activities.

Analytical Electron Microscopy of Surface-Modified Ceramics

1985 ◽  
Vol 43 ◽  
pp. 276-279
Author(s):  
P. S. Sklad
Keyword(s):  
Electron Microscopy ◽  
Analytical Electron Microscopy ◽  
Theoretical Models ◽  
Ceramic Materials ◽  
Solute Concentration ◽  
Second Phase ◽  
Analytical Electron ◽  
Implantation Techniques ◽  
Lattice Damage ◽  
Surface Modified

Over the past several years, it has become increasingly evident that materials for proposed advanced energy systems will be required to operate at high temperatures and in aggressive environments. These constraints make structural ceramics attractive materials for these systems. However it is well known that the condition of the specimen surface of ceramic materials is often critical in controlling properties such as fracture toughness, oxidation resistance, and wear resistance. Ion implantation techniques offer the potential of overcoming some of the surface related limitations.While the effects of implantation on surface sensitive properties may be measured indpendently, it is important to understand the microstructural evolution leading to these changes. Analytical electron microscopy provides a useful tool for characterizing the microstructures produced in terms of solute concentration profiles, second phase formation, lattice damage, crystallinity of the implanted layer, and annealing behavior. Such analyses allow correlations to be made with theoretical models, property measurements, and results of complimentary techniques.

On the Relationship Between General Auditory Sensitivity and Speech Perception: An Examination of Pitch and Lexical Tone Perception in 4- to 6-Year-Old Children

2020 ◽  
Vol 63 (2) ◽  
pp. 487-498
Author(s):  
Puisan Wong ◽  
Man Wai Cheng
Keyword(s):  
Speech Perception ◽  
Theoretical Models ◽  
Developmental Trajectory ◽  
Auditory Sensitivity ◽  
Pitch Discrimination ◽  
Lexical Tone ◽  
Perceptual Training ◽  
Lexical Tones ◽  
Tone Perception ◽  
Tone Discrimination

Purpose Theoretical models and substantial research have proposed that general auditory sensitivity is a developmental foundation for speech perception and language acquisition. Nonetheless, controversies exist about the effectiveness of general auditory training in improving speech and language skills. This research investigated the relationships among general auditory sensitivity, phonemic speech perception, and word-level speech perception via the examination of pitch and lexical tone perception in children. Method Forty-eight typically developing 4- to 6-year-old Cantonese-speaking children were tested on the discrimination of the pitch patterns of lexical tones in synthetic stimuli, discrimination of naturally produced lexical tones, and identification of lexical tone in familiar words. Results The findings revealed that accurate lexical tone discrimination and identification did not necessarily entail the accurate discrimination of nonlinguistic stimuli that followed the pitch levels and pitch shapes of lexical tones. Although pitch discrimination and tone discrimination abilities were strongly correlated, accuracy in pitch discrimination was lower than that in tone discrimination, and nonspeech pitch discrimination ability did not precede linguistic tone discrimination in the developmental trajectory. Conclusions Contradicting the theoretical models, the findings of this study suggest that general auditory sensitivity and speech perception may not be causally or hierarchically related. The finding that accuracy in pitch discrimination is lower than that in tone discrimination suggests that comparable nonlinguistic auditory perceptual ability may not be necessary for accurate speech perception and language learning. The results cast doubt on the use of nonlinguistic auditory perceptual training to improve children's speech, language, and literacy abilities.

Positive Arousal Enhances the Consolidation of Item Memory

2015 ◽  
Vol 74 (2) ◽  
pp. 91-104 ◽  
Author(s):  
Bo Wang
Keyword(s):  
Episodic Memory ◽  
Memory Consolidation ◽  
Source Memory ◽  
Emotional Arousal ◽  
Theoretical Models ◽  
Memory Test ◽  
Learning Phase ◽  
Item Memory ◽  
Memory Tests ◽  
Immediate Memory

Emotional arousal induced after learning has been shown to modulate memory consolidation. However, it is unclear whether the effect of postlearning arousal can extend to different aspects of memory. This study examined the effect of postlearning positive arousal on both item memory and source memory. Participants learned a list of neutral words and took an immediate memory test. Then they watched a positive or a neutral videoclip and took delayed memory tests after either 25 minutes or 1 week had elapsed after the learning phase. In both delay conditions, positive arousal enhanced consolidation of item memory as measured by overall recognition. Furthermore, positive arousal enhanced consolidation of familiarity but not recollection. However, positive arousal appeared to have no effect on consolidation of source memory. These findings have implications for building theoretical models of the effect of emotional arousal on consolidation of episodic memory and for applying postlearning emotional arousal as a technique of memory intervention.

The Role of Distress Disclosure Tendencies in the Experience and Expression of Laboratory-Induced Sadness

2017 ◽  
Vol 38 (1) ◽  
pp. 55-62 ◽  
Author(s):  
Jeffrey H. Kahn ◽  
Daniel W. Cox ◽  
A. Myfanwy Bakker ◽  
Julia I. O’Loughlin ◽  
Agnieszka M. Kotlarczyk
Keyword(s):  
Individual Differences ◽  
Emotional Reactivity ◽  
Subjective Experience ◽  
Negative Emotion ◽  
Theoretical Models ◽  
Laboratory Research ◽  
Emotion Words ◽  
Distress Disclosure ◽  
Computerized Text Analysis

Abstract. The benefits of talking with others about unpleasant emotions have been thoroughly investigated, but individual differences in distress disclosure tendencies have not been adequately integrated within theoretical models of emotion. The purpose of this laboratory research was to determine whether distress disclosure tendencies stem from differences in emotional reactivity or differences in emotion regulation. After completing measures of distress disclosure tendencies, social desirability, and positive and negative affect, 84 participants (74% women) were video recorded while viewing a sadness-inducing film clip. Participants completed post-film measures of affect and were then interviewed about their reactions to the film; these interviews were audio recorded for later coding and computerized text analysis. Distress disclosure tendencies were not predictive of the subjective experience of emotion, but they were positively related to facial expressions of sadness and happiness. Distress disclosure tendencies also predicted judges’ ratings of the verbal disclosure of emotion during the interview, but self-reported disclosure and use of positive and negative emotion words were not associated with distress disclosure tendencies. The authors present implications of this research for integrating individual differences in distress disclosure with models of emotion.

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