scholarly journals International legal regulation of copyright and related rights protection in the digital environment

2021 ◽  
Vol 39 (7) ◽  
Author(s):  
Oleh Hubanov ◽  
Tamara Hubanova ◽  
Hanna Kotliarevska ◽  
Mykhailo Vikhliaiev ◽  
Valerii Donenko ◽  
...  
Keyword(s):  
Intellectual Property ◽  
Online Education ◽  
Social Networking ◽  
International Law ◽  
Legal Regulation ◽  
Digital Environment ◽  
Educational Work ◽  
Rights Protection ◽  
Online Sales ◽  
Property System

The purpose of this article is to identify changes in the nature of the challenges and analyze key trends in international law regulation of copyright and related rights protection in the digital environment. It is established that the digital environment forms the newest type of legal relations, which requires modification of copyright legislation. International experience on the latest trends in copyright and related rights protection in the digital environment has discussed. It has established that the key trend of modification international legal regulation of copyright and related rights in the digital environment there are stricter measures to restrict online sales of pirated books, audiovisual products and electronic publications. Particular attention has paid to combating copyright infringement on social networking platforms, as well as in the field of online education, training, e-commerce. It has proved that to improve the mechanism of combating crime in the field of intellectual property it is necessary to modernize the national intellectual property system: improving the regulatory framework, improving the institutional framework and infrastructure, as well as conducting comprehensive educational work with users of this system

scholarly journals INTERNATIONAL LAW ASPECTS OF GERMAN COPYRIGHT LAW (GCL)

2017 ◽  
Vol 3 (4) ◽  
pp. 93-98
Author(s):  
Юрий Юмашев ◽  
Yuriy Yumashev ◽  
Елена Постникова ◽  
Elena Postnikova
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Legal Regulation ◽  
Copyright Law ◽  
World Intellectual Property Organization ◽  
The Internet ◽  
Private International Law ◽  
Member States ◽  
Eu Member States ◽  
The Eu

The article deals with international law aspects of the GCL. To this aim firstly the international conventions on copyright law are analyzed, in particular: the Berne Convention for the Protection of Literary and Artistic Works in the wording of the Paris Act of 1971, the Convention on the Establishment of the World Intellectual Property Organization of 1967, the Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations of 1961 and Aspects of intellectual property rights (TRIPS) 1994. There is also an analysis of the EU copyright law in terms of its correlation with the law of the EU member-states and an assessment of its evolution. It is emphasized that the core fact of origin of authorship is determined on the basis of the national legislation of the Member-States. Special attention is paid to the scope of the “principle of exhausted rights”. The article also touches upon the aspect of private international law. Particular attention is paid to the legal regulation of the Internet, including Internet providers, and its impact on the formation of the GCL. The problem of combating Internet piracy is also raised, as copyright infringement often occurs in relation to works published online. In addition, the article revealed what changes were made to the GCL to comply with EU law (including secondary law acts and the practice of the EU Court). The result of the study is, among other things, the conclusion that special legal mechanisms should be developed to regulate new forms of selling works that have emerged as a result of technological progress and in the near future the Internet will undoubtedly form ways for the further development of the GCL. However, this process can negatively affect the leading role of the author as a creative person.

scholarly journals Legal regulation of the use of technical means for copyright protection in international law

2018 ◽  
pp. 64-71
Author(s):  
A. N. Kirsanov ◽  
A. A. Popovich
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Copyright Protection ◽  
Information Technologies ◽  
Rapid Development ◽  
National Level ◽  
Legal Regulation ◽  
General Nature ◽  
Digital Information ◽  
Intellectual Activity

Introduction. The use of technical means for copyright protection is regulated not only in Russian legislation, but also in foreign and international law. It means that the international concept of intellectual property protection could be perceived differently by foreign jurisdictions, which, in turn, is of special scientific interest. The foundations of legal regulation are laid down in international treaties, which in the intellectual property law are tools that contain substantive rules of law. The provisions of such treaties are implemented in the national (supranational) legislation, and, therefore, become part of them and subject to additions.. The article is devoted to the study of international legal regulation of the use of technical means for copyright protection.Materials and methods. The methodological basis of the research consists of the following general scientific and special methods of cognition of legal phenomena and processes: dialectical, formal-legal, comparative-legal, formal-logical, structural-functional.Results of the study. The authors found that attempts to protect copyright using technology available at every stage of history were undertaken by individual countries, beginning from the second half of the 19th century. However technical means of protection received legal regulation at the international level relatively recently, the prerequisite for that was the rapid development of digital information technologies. Analysis of international legal norms in the field of legal regulation of technical means of copyright protection has shown that at present international legal regulation is of a general nature, providing each of the states at the national level with ample opportunities for legal concretization of gen-eral norms. However, recently the Internet treaties of WIPO recognized for the first time not only the advisability of the use of technical means of protection, but also the obligation prohibiting circumvention of such protection technologies, and therefore national legislations should contain provisions regulating the circumvention of such protection technologies.Discussion and Conclusions. The introduction of international law with regard to the use of the protection technologies, despite their general and abstract nature, has given a serious impetus to the establishment of legal regulation of this institution at the national level. At the same time, the rules governing the use of the protection technologies in the near future will require greater unification and concretization due to the rapid development of digital information technologies, blurring the borders between states in terms of disseminating the results of intellectual activity, and also in order to avoid a multiplicity of interpretation of law and to ensure effective legal regulation and protection of copyright.

Intellectual Property and Information in the Context of Technological Development

2020 ◽  
Vol 2 (2) ◽  
pp. 104-125
Author(s):  
N. V. Buzova ◽  
◽  
M. M. Karelina ◽  
Keyword(s):  
Intellectual Property ◽  
New Technologies ◽  
Technological Development ◽  
Historical Context ◽  
Modern Society ◽  
Legal Regulation ◽  
Telecommunication Networks ◽  
Digital Environment ◽  
Intellectual Activity ◽  
Digital Rights

Introduction. Information and intellectual property are becoming increasingly important not only in Russia but all round the world. They form the basis of information resources in information and telecommunication networks, which are actively used in modern society. The concept of information has several meanings. The confusion of its technical and legal meanings can lead to legal ambiguity, which will complicate the protection of rights in connection with the introduction of objects into civil circulation, and their use in the digital environment, including in court. Theoretical Basis. Methods. The article provides a comparative analysis of the legislation of the Russian Federation on information and intellectual property in its historical context in order to identify common problems and identify trends in further development. Results. Information from a technical point of view is the data which forms any digital object (its form), including an information resource or information system. Such an object is able to exist only in a digital environment, and its use is possible only with the help of technical means. Information also has a legal meaning. In this sense, it constitutes the content of the result of intellectual activity, for example, a piece of work. Discussion and Conclusion. Currently, there are new technologies, objects, for example, digital rights, utilitarian digital rights, and legal relationships concerning their use, requiring changes in legal regulation. It is important to avoid confusion between different concepts of information in order to facilitate the subsequent proper and effective enforcement of the introduced legal norms in the development of new legislation.

scholarly journals Improvement of mechanisms of human rights protection through the prism of modern. law-making policy in Ukraine

2020 ◽  
Vol 11 (11) ◽  
pp. 265-269
Author(s):  
Shapran Y. V.
Keyword(s):  
Human Rights ◽  
International Law ◽  
Human Life ◽  
National Level ◽  
Legal Regulation ◽  
Human Rights Protection ◽  
Information Measures ◽  
Rights Protection ◽  
Protection Mechanisms ◽  
Law Making

The paper reveals the relevance of scientific knowledge of theoretical, methodological and practical aspects of improving the mechanisms of human rights protection through the prism of contemporary law-making policy of Ukraine. The scientific views of scientists concerning the shortcomings of modern lawmaking in Ukraine, as well as the implementation of the provisions of modern lawmaking policy are generalized. The practical shortcomings of implementation of the provisions of law-making policy in Ukraine were emphasized. It is substantiated that law-making policy forms a doctrinal definite, conceptual basis for improving the legal regulation of relations in any sphere of human life, including in the field of human rights protection. It is noted that a key feature of lawmaking, which distinguishes it from other types of legal activity, is its systemic nature, which is associated with a continuous long process of adopting the rules of law, their current change and updating. The necessity to strengthen the effectiveness of human rights protection mechanisms in Ukraine has been proved, which is conditioned by the existing problems in the human rights protection mechanism itself, and is also confirmed by statistical observations conducted in Ukrainian society. Based on the analysis of the shortcomings of the functioning of human rights protection mechanisms in Ukraine, the ways of their improvement, which will correspond to the law-making policy of Ukraine, have been identified and substantiated. Among the ways to improve the human rights protection mechanisms that will be in line with Ukraine's law-making policy are the following, which are of paramount importance in the current conditions of society and state development in Ukraine: 1) enhancing the role and importance of the activities of the European Court of Human Rights; 2) strengthening the mechanisms of human rights protection at the national (national) level in accordance with the requirements of international law; 3) to develop and implement a system of information measures in order to increase the educational (information) level of people in the sphere of their rights and the mechanisms of their protection and guarantee; 4) to improve the procedure of enforcement of decisions of national courts of Ukraine and decisions of international courts in Ukraine; 5) to strengthen the staffing of the state authorities and local self-government bodies in terms of improving the professional level of human rights personnel and their protection, including the introduction of competitive selection of civil servants in the conditions of passing the examination to determine the level of knowledge of the provisions of the legislation of Ukraine and international law in the field human rights, etc. Keywords: law-formation, law-making, law-making policy, human rights, human rights protection mechanisms.

scholarly journals PROBLEMS OF LEGAL REGULATION OF FREE CIRCULATION OF INTELLECTUAL PROPERTY IN THE DIGITAL ENVIRONMENT

2018 ◽  
Vol 1 (3) ◽  
pp. 87-97
Author(s):  
Татьяна Владимировна Шатковская ◽  
◽  
Олеся Владимировна Юрченко ◽  
Алина Владимировна Веденкова ◽  
◽  
...  
Keyword(s):  
Intellectual Property ◽  
Legal Regulation ◽  
Digital Environment

SOME ASPECTS OF THE APPLICATION OF NEW MEDICAL TECHNOLOGIES IN REPRODUCTION, THERAPY AND GENETIC MODIFICATION OF HUMANS, PLANTS AND ANIMALS THROUGH THE PRISM OF INTELLECTUAL PROPERTY RIGHTS PROTECTION IN SOUTH AFRICA

2020 ◽  
Vol 10 (2) ◽  
pp. 180-195
Author(s):  
KSENIA BELIKOVA ◽  
Keyword(s):  
South Africa ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Genetic Modification ◽  
Legal Regulation ◽  
Rights Protection ◽  
Medical Technologies ◽  
Intellectual Property Rights Protection ◽  
Property Rights Protection

This article aims to demonstrates some facets of the current state of legal regulation and ethical problems of application of new medical technologies in reproduction, therapy and genetic modification of humans, plants and animals through the prism of intellectual property rights protection and based on: the materials of a number of normative acts (laws, ministerial Regulations) of one of the BRICS countries - South Africe. In this format, based on analytical reflections over information taken from sources and literature from the list of sources and literature, as well as a number of legal provisions driven to life by the existence and application of such technologies and new knowledge; opinions, ideas and ethical and legal discussions, the article analyzes the provisions of South Africa's approaches that create patterns of application of new medical technologies, the potential and ethical and legal basis for such development, taking into account the current views of the doctrine and legislation. The relevance of this research is due to the fact that a number of approaches to legislation and ethical approaches under study are new and could not be considered in studies of an earlier period. Thus, this study serves to fill this gap. The author's results are presented in the light of the identified state interest within the framework of the liberal model of the relationship between law and bioethics in delineating the boundaries of permissible (notpermissible) use of new medical technologies in the field of reproduction and treatment of human, genetic modification of humans, animals and plants not only from the perspective of legal and ethical constraints, permissions and prohibitions but the implementation of the provisions of applicable South African legislation on the intellectual property rights protection, which, due to its examination request system, can not guarantee that the patented product - the result of genetic modification - can be freely used in South Africa with regard to the restrictions and prohibitions established by 2003 Act and relevant Regulations No. 175, 177, 180. The theoretical and practical significance of the results obtained is determined by the fact that Russian readers will be provided with up-to-date scientific information about the state of Indian legislation and doctrine, and other ideas in the field under study, which in practical terms will contribute to understanding the gap (or lack thereof) in the achievements in this field of Russian and foreign researchers and practitioners in terms of their implications at the level of practice and legislation.

scholarly journals Rehabilitation of Convicts in the Mechanism of Ensuring Their Right to a Decent Life After Serving a Sentence

2020 ◽  
Vol 14 (2) ◽  
pp. 268-276
Author(s):  
Aleksey Fomin
Keyword(s):  
Social Support ◽  
International Law ◽  
Low Income ◽  
Legal Regulation ◽  
Social Adaptation ◽  
Poor People ◽  
Educational Work ◽  
Historical Aspect ◽  
Social Rehabilitation ◽  
Decent Life

International law standards of building a social state and guaranteeing each person a decent life make it necessary to develop, at the level of Russian legislation, an institute of social support for low-income ex-convicts as part of the program of their social rehabilitation after release from a penal institution. The author analyzes the essence of social rehabilitation as a legal institution, the evolution of legal regulation of social rehabilitation methods in the Russian penitentiary practice. The institute of social rehabilitation of convicts released after serving their sentences is inter-agency in its essence; it is aimed at the identification and solution of the whole complex of social and economic problems of those inmates who potentially fall into the category of the poor (or who could become low-income citizens after release). It is also aimed at providing not only psychological, but also material social support to ensure their right to a decent life, reduce their risk of falling into the category of low-income (poor) people and help their overall social adaptation after release. The effectiveness of social rehabilitation measures determines if a convict chooses the law-abiding or the criminal model of behavior after release, determines their legal consciousness and, in the end, influences the level of repeat crimes. The author singles out and analyzes the contents of social rehabilitation of ex-convicts after release from places of confinement. In the context of ensuring the right of a convict to a decent life after serving a sentence, the author pays special attention to such a component of social rehabilitation as assistance in finding employment and housing in compliance with the legislation of the Russian Federation and the normative acts of the penitentiary system. The meaning of the term «social» in the collocation «social rehabilitation of convicts» is analyzed in its modern and historical aspect. The author shows the necessity of establishing an efficient state-controlled public system of social rehabilitation for persons who are released from places of incarceration in Russia. He also identifies key directions for improving the effectiveness of the penitentiary system by taking into account the humanistic values of the socio-cultural environment and the principles of international law norms when providing social support to low-income citizens who are in conflict with criminal law, as well as by overcoming their poverty and a negative attitude to them. The author presents arguments to prove the practical value of introducing new forms and methods of correctional influence on convicts that are alternative to criminal procedure coercion, of widening the scope of additional social, psychological and educational work with convicts in penitentiary legislation with the purpose of providing social rehabilitation for convicts and ensuring their right to a decent life after serving the sentence.

scholarly journals Objects of intellectual property rights created by artificial intelligence: international legal regulation

2021 ◽  
Vol 39 (68) ◽  
pp. 505-519
Author(s):  
Pavlo Voitovych ◽  
Kateryna Bondarenko ◽  
Ruslan Ennan ◽  
Alina Havlovska ◽  
Vladyslav Shliienko
Keyword(s):  
Artificial Intelligence ◽  
Intellectual Property ◽  
Property Rights ◽  
Public Relations ◽  
International Law ◽  
Intellectual Property Rights ◽  
Legal Regulation ◽  
World Society ◽  
The Creation ◽  
Artificial Intelligence Systems

In modern conditions of development of public relations, the creation of objects of intellectual property rights by artificial intelligence is becoming more widespread. With this in mind, it is important to analyze the international legal experience of regulating the use of artificial intelligence as the author of intellectual property, to further borrow it for domestic laws, as well as to pay attention to problematic aspects of such regulation and make proposals to resolve inconsistencies. The study clarifies the international legal regulation of intellectual property rights created by artificial intelligence, as well as analyses the problematic issues of regulation of artificial intelligence by international law and the features of such regulation in Ukraine and presents positions on the development of artificial intelligence systems and prospects, as well as the prospects for its impact on world society.

Universal declaration of human rights as a source of universal international legal standards of human rights

2020 ◽  
pp. 36-42
Author(s):  
Uliana Kuzenko
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
Universal Declaration ◽  
Human Being ◽  
Legal Basis ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Legal Standards ◽  
International Human

Purpose. The purpose of the article is to analyze the Universal Declaration of Human Rights as an international legal instrument, which for the first time formulated the foundations of modern democratic status of a human being and its fundamental rights and freedoms. Methodology. The methodology involves a comprehensive study of theoretical and practical material on the subject, as well as a formulation of relevant conclusions and recommendations. During the research, the following methods of scientific cognition were used: dialectical, terminological, formal and logical, systemic and functional. Results. The study found that the main features of the Universal Declaration of Human Rights as a source of international legal mechanism for the protection of human rights are: 1) it is a fundamental, foundational and universal international human rights act of the United Nations; 2) it establishes a system of fundamental human rights; 3) it defines a common system of fundamental international human rights standards; 4) it determines the principles of legal identity of a human being; 5) it determines the fundamental basis and principles of international legal regulation in the field of human rights protection; 6) it acts as an international legal basis for the adoption of the latest legislation on human rights protection; 7) it acts as an international legal basis for the codification of human rights legislation. Scientific novelty. The study found that the Universal Declaration of Human Rights points to the natural origin of human rights, which must be binding on all States and for the whole population, regardless of citizenship, in order to ensure the human rights protection in a democratic and rule-of-law State. Practical importance. The results of the study can be used to improve Ukrainian legislation on human rights and fundamental freedoms.

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative Aspects

2010 ◽  
Vol 1 (2) ◽  
pp. 117-135
Author(s):  
Bożena Drzewicka
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Human Rights ◽  
The West ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The World ◽  
International Human

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative AspectsThe issue of confronting values between civilizations has become very important. It influences not only the level of international politics but also the international normative activity. It is very interesting for the modern international law and its doctrine. The most important factor of causing huge changes in the system of international law is still the international human rights protection and the international humanitarian law which is related to it. It is very difficult to create one catalogue of executive instruments and procedures but it is possible to influence the attitude toward the basic paradigms. The frictions appear from time to time and move to other planes. The West and Asia are still antagonists in the dialogue on the future of the world. The article is a contribution to the intercivilizational dialogue.

Sign in / Sign up

Export Citation Format

Share Document