scholarly journals Intellectual Property Law: Origin and Development as an Institute of Constitutional-Legal Regulation

2020 ◽  
Author(s):  
Aleftina Gatsolaeva ◽  
Madina Dzagurova
Keyword(s):  
Intellectual Property ◽  
Legal Regulation ◽  
Property Law ◽  
Intellectual Property Law

scholarly journals Intellectual property law in the field of sports: specifics of manifestations and features of legal regulation

2021 ◽  
Vol 39 (69) ◽  
pp. 530-546
Author(s):  
Evgen Kharytonov ◽  
Olena Kharytonova ◽  
Maxym Tkalych ◽  
Inna Bolokan ◽  
Hanna Samilo ◽  
...  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Public Relations ◽  
Intellectual Property Rights ◽  
Legal Regulation ◽  
Property Law ◽  
Sports Law ◽  
Intellectual Property Law ◽  
Legal Method ◽  
Wide Range

The article aims to explore the relationships that arise with respect to intellectual property rights in sports. The objectives of the article are to establish points of contact between intellectual property law and sports, as well as a detailed analysis of relevant public relations in terms of intellectual property law and sports law. To achieve the objectives of the article, the authors used a number of scientific methods, among which the main methods are analysis, synthesis and comparative-legal method. The authors of the study concluded that modern sport is developing in close intertwining with intellectual property rights, because only in this way can a sports spectacle be conveyed to a wide range of spectators and consumers in a broad sense. In addition, the range of points of contact between intellectual property and sports law is constantly growing and such can now be called not only patents and trademarks in sports, but also copyright, "image" rights, know-how in sports and the like.

scholarly journals SCIENCE OF INTELLECTUAL PROPERTY LAW: CONCEPTS, FEATURES AND DIRECTIONS FOR THE DEVELOPMENT

2021 ◽  
pp. 47-51
Author(s):  
А. Kodynets
Keyword(s):  
Intellectual Property ◽  
Legal Regulation ◽  
Intellectual Property Right ◽  
Scientific School ◽  
Property Law ◽  
Intellectual Property Law ◽  
Scientific Schools ◽  
Information Law ◽  
National University ◽  
Research Centres

The article explores the concepts, features and directions for the development of intellectual property science at the present stage. The basic scientific schools of intellectual property law are analysed, the specifics of their formation and genesis are considered. The article emphasizes that the science of intellectual property law is a system of knowledge and theoretical ideas about the laws of legal regulation of relations in the field of protection of intellectual and creative activities, interpretation of legal norms and the results of analysis and generalization of their application. As intellectual property right, the science of intellectual property law is a relatively young field in the legal system; however, it already has a long history of development, well-known representatives and scientific schools, including those pertaining to Taras Shevchenko National University of Kyiv. The development of intellectual property science in Ukraine is based on several scientific schools in Kyiv, Odessa, Lviv and Kharkiv, which are represented by powerful research centres and educational institutions. The Kyiv School of Intellectual Property is formed by two research centres: the Department of Intellectual Property and Information Law of Taras Shevchenko National University of Kyiv and the Research Institute of Intellectual Property of the National Academy of Sciences of Ukraine. The origin and development of the science of intellectual property law in Taras Shevchenko National University of Kyiv is associated with the figure of the famous domestic scientist O.A. Hills. Since 2013, the Department of Intellectual Property and Information Law has been operating at the Faculty of Law of Taras Shevchenko National University of Kyiv. At the current stage, the Department of Intellectual Property and Information Law jointly with the Scientific and Educational Centre for Intellectual Property of Taras Shevchenko National University of Kyiv make a powerful centre of the development of intellectual property law science in Ukraine. Keywords: intellectual property, science, methodology, legal category, scientific school, scientist.

scholarly journals Certain aspects of possible codification of legislation of intellectual property law

2021 ◽  
pp. 108-118
Author(s):  
Olena Shtefan
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Public Relations ◽  
Intellectual Property Rights ◽  
Legal Regulation ◽  
Civil Code ◽  
Property Law ◽  
Intellectual Property Law ◽  
The Subject ◽  
Independent Branch

Keywords: recodification of the Civil Code of Ukraine, codification of legislation onintellectual property law, subject and method of intellectual property law The article examines the issues related to the possibility ofcodification of legislation in the field of intellectual property rights. Currently, inUkraine there is a three-tier regulation of public relations in the field of intellectualproperty law. On the one hand, the Civil Code of Ukraine, the rules of which are characterizedby a corresponding nature, terminological inconsistency with special legislation;special legislation regulating legal relations arising from the creation and use ofcertain objects of intellectual property rights; as well as the provisions of ratified internationallegal acts in this area. Such legislation does not contribute to effectiveprotection or effective protection of intellectual property rights.The updating of the Civil Code of Ukraine will not improve the situation regardingproper legislative support in this area, and may lead to new conflicts. Based on the analysis of existing approaches in legal doctrine on the possible codificationof legislation in the field of intellectual property law, it is concluded that it ispossible if the latter is separated into an independent branch of law, characterized bythe subject and method of legal regulation. The existing approach to the definition ofthe subject of regulation in the doctrine of intellectual property law coincides with thecivilized approaches and does not reflect the specifics of legal relations that characterizethe field of intellectual property. The subject of intellectual property law is notlimited to private law relations, public law is also quite common. In this regard, it isproposed to understand the subject as a legal relationship arising in connection withthe creation, use and protection of intellectual property rights. It is proved that theright of intellectual property can be separated into an independent branch of law andto codify its legislation. This will be facilitated by the interest of the state and the correspondingpolitical will to do so.

scholarly journals TRANSFER OF EXCLUSIVE RIGHTS ON OF INTELLECTUAL PROPERTY

2020 ◽  
pp. 242-248
Author(s):  
Gleb P. Bredihin
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Regulation ◽  
Theoretical Research ◽  
Property Law ◽  
Intellectual Property Law ◽  
Legal Nature ◽  
Characteristic Features ◽  
New Criterion

In this article the concept of intellectual rights is discussed as well as the most important problems of intellectual property’s transfer and the ways to solve these problems. The article is devoted to a comprehensive study of ways to transfer exclusive (intellectual property) rights. The characteristic features of licencing agreements, alienation agreements and other agreements in the fi eld of intellectual property transfer are highlighted and described. This article is an attempt to reveal the main causes of the legislation’s imperfection as a consequence of the lack of theoretical research in this area. The legal nature of the agreement on the transfer (sail) of intellectual property is determined. Substantial restrictions on the transfer of intellectual property by primary owners are proposed. A new criterion of intellectual property law theory is highlighted. The new author’s classifi cation of intellectual property contracts is given. We propose measures to improve the legal regulation of pledge in intellectual property law. The main problems of exclusive rights and authorised (share) capital and options for overcoming them are given. The practical and theoretical problems of applying commercial concession (franchising) are analysed, a new criterion of legal relations related to commercial concession is proposed. All the proposed conclusions are the result of a long scientifi c work and practical protection of intellectual property rights as an attorney at law.

Intellectual Property Law

2018 ◽  
Author(s):  
Lionel Bently ◽  
Brad Sherman ◽  
Dev Gangjee ◽  
Phillip Johnson
Keyword(s):  
Intellectual Property ◽  
Private Information ◽  
Legal Regulation ◽  
Trade Mark ◽  
Patent Law ◽  
Property Law ◽  
Intellectual Property Law ◽  
The Public ◽  
Wide Range ◽  
Trade Mark Law

Intellectual Property Law provides a detailed analysis of intellectual property law with reference to a wide range of academic opinion, giving a broad context for exploring the key principles of the subject. In this fifth edition, the introduction has been updated to take account of Brexit. Important developments covered include the introduction of a doctrine of equivalents into UK patent law, the reforms of EU trade mark law (particularly with respect to ‘representation’ of marks, and the ‘functionality exclusions’), and the development of the concept of ‘communication to the public’ by the CJEU. The book covers a number of areas of intellectual property law including copyright, patents, the legal regulation of designs, trade marks and passing off, confidential information, and litigation and remedies. The volume includes a new chapter on the tort of misuse of private information.

scholarly journals Intellectual Property in Slovakia in the Light of the Present Legal Regulation

2015 ◽  
Vol 3 (2) ◽  
pp. 68-78
Author(s):  
Jarmila Lazíková
Keyword(s):  
Intellectual Property ◽  
National Level ◽  
Legal Protection ◽  
Legal Regulation ◽  
Property Law ◽  
Legal Regulations ◽  
The European Union ◽  
Intellectual Property Law ◽  
Law Of Succession ◽  
Intellectual Activities

AbstractThe Civil Law of Slovakia includes more sub-branches of the private law, such as family law, obligation law, property law, law of succession and intellectual property law. The intellectual property law is regulated outside the Civil Code, in special codes and laws. The intellectual property law is one of them. The intellectual property law provides legal protection to various intangible assets which are the results of the creative intellectual activities of individuals. The paper analyses selected legal institutions of the intellectual property law and tries to systematise legal regulations related to the intellectual property on the national level, the level of the European Union as well as international level.

Civil legal regulation of interest of intellectual property law

2020 ◽  
pp. 105-112
Author(s):  
Ivanna Babetska ◽  
Iryna Turchak
Keyword(s):  
Intellectual Property ◽  
Public Interest ◽  
Legal Protection ◽  
Legal Regulation ◽  
The State ◽  
Property Law ◽  
Public Interests ◽  
Intellectual Property Law ◽  
Legitimate Interest ◽  
Private And Public

Purpose. This paper focuses on the definition of «legally protected interest» and clarifying questions about its structure. In this article substantiate the idea about the main role of interests in law, realize the classification by different criterion. This article is devoted finding out of question about correlation of such key normative categories as «right (equitable right)» but «legal interest», and also by a «legitimate interest». The article examines the legal nature of private and public interests in the field of intellectual property. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. During the research, the following methods of scientific knowledge were used: terminological, dialectical, logical-semantic, logical-normative, system-structural. Results: in the course of the research the concept of "private and public interest in intellectual property law" is defined. It is proved that private interest is defined as "the interest of individuals and social groups protected by the state", public interest is defined as "recognized by the state and secured by the interest of the social community, the satisfaction of which serves as a condition and guarantee of its existence and development." Scientific novelty. In the course of the research it was established that when it comes to ensuring the balance of public and private interests of the parties in copyright, it means, among other things, the introduction of special norms of free use of works in international and national law. The problem of interaction of private and public interests in the legal regulation of intellectual property relations requires further thorough detailed research to determine the mechanism and methods of protection of these interests. Practical importance. The results of the study can be used in law-making activities for the purpose of legal regulation of public relations in the sphere of legal protection of the brand.

scholarly journals Artificial Intelligence and Intellectual Property: The Issues of the Legal Regulation of Patent Relations

Legal Concept ◽  
2021 ◽  
pp. 48-54
Author(s):  
Ekaterina Kupchina
Keyword(s):  
Artificial Intelligence ◽  
Intellectual Property ◽  
Social Relations ◽  
New Technologies ◽  
Legal Framework ◽  
Legal Regulation ◽  
Patent Law ◽  
Property Law ◽  
Intellectual Property Law ◽  
Intellectual Property Rights Protection

Introduction: in the paper, the author analyzed the current problems associated with the use of artificial intelligence in the field of intellectual property. Thanks to the active introduction of this technology in many areas of human activity, there is a rapid growth of innovative processes. On the one hand, such active improvement of the computer technology system creates a favorable environment for the development of economic, political and social relations. On the other hand, however, the potential for the further development of artificial intelligence is of serious concern in the scientific community. In particular, modern digital technologies are developing much faster than the legal framework designed to regulate them is improving. In this regard, the first branch of law that has faced the greatest difficulties is intellectual property law, since it is a branch of law directly related to innovation processes. The purpose of the research is achieved by solving a number of tasks: to determine the role of artificial intelligence as a “subject” of patent relations, as well as the boundaries of responsibility for patent infringement by AI. The methodology is based on a theoretical approach to the study of the legal framework in the field of intellectual property. Based on the analysis of the theoretical data obtained, the author provides the examples of patent violations related to the use of artificial intelligence technology, as well as highlights some modern approaches to solving this problem. The results of the research can be used to determine the key goals and objectives in the law enforcement, research, as well as in educational and teaching activities, in particular, during lectures and seminars on courses in intellectual property law, copyright and patent law. Conclusions: the development of artificial intelligence technologies is central to the development of better intellectual property management systems. The development of new doctrines for new technologies, the modification of the existing patent system, as well as the changes in the policy of intellectual property rights protection contribute to the effective development of innovative processes and the improvement of the legal system as a whole.

scholarly journals Results of genomic research as the objects of civil law

2020 ◽  
pp. 54-61
Author(s):  
Olesia Valer'evna Belaia
Keyword(s):  
Intellectual Property ◽  
Civil Law ◽  
Legal Regulation ◽  
Genomic Research ◽  
Property Law ◽  
Intellectual Property Law ◽  
Universal Definition ◽  
Original Classification

The object of this research is the determination of means of establishing the results of genomic research as the objects of intellectual property. The author analyzes the Russian normative legal acts regulating the questions of conducting genomic research and securing the rights to their results. The problem of absence of the universal definition and conceptual framework for genomic research in the national legislation is indicated. Analysis is carried out on the defended in legal community scientific positions pertaining to the need for separate consolidation and legal regulation of each type of product or organism that contains genes, or derivative from biomaterial, as well as the genes and genome themselves. The main conclusions consists in formulation and substantiation of the concept of “genomic research” and the results of genomic research. The original classification of the results of genomic research into static and dynamic is proposed. The author believes that the intellectual property law is most suitable for legal regulation and consolidation of the rights to results of genomic research. Inexpedience of determining each type of product or organism that creates or contains biomaterial as an object of intellectual property is substantiated. The author holds that the amendments to legislation should be introduced in exceptional circumstances when a new object possesses unique characteristics, and the existing tools of intellectual property law do not allow reflecting its specificity and protect the interests of its bearer.

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