scholarly journals Legal Regulation of the Protection of Intellectual Property Rights within the EU Digital Market

2020 ◽  
Author(s):  
Iryna Yavorska ◽  
Sofiya Boyarska
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
European Parliament ◽  
Legal Regulation ◽  
The European Union ◽  
Domain Name ◽  
Cross Border ◽  
Council Directive ◽  
The Eu

The active usage of the technologies, constant exchange of information and its use demanded a clear regulation of relations within the functioning of the digital market. In the context of the implementation of the Association Agreements between Ukraine and the EU, it seems necessary to study the positive experience of regulating relations and protecting intellectual property rights within the European Union digital market. The article explores such EU secondary law acts as directives and regulations that determine the foundations and features of the functioning of EU digital market actors. In particular, it examined Directive (EU) 2019/789 of the European Parliament and of the Council of 17 April 2019 laying down rules on the use of copyright and related rights applicable to certain online broadcasting and retransmission of broadcasting programs and amending Council Directive 93/83 EEC (2019), which regulates the principles governing the transboundary transmission of television and radio broadcasting via the satellite network; Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/2019, which amended and expended 7 existing Directives governing relevant issues, Regulation (EU) 2019/517 of the European Parliament and of the Council of 19 March 2019 on the implementation and operation of the .eu top-level domain name and amending and repealing Regulation (EU) No 733/2002, and repealing Commission Regulation (EC) No 874/2002 (2019), which provides a number of important innovations for the .eu top-level domain name and Regulation (EU) No 2017/1128 of the European Parliament and of the Council of 14 June 2017 on the cross-border movement of Internet content services in the internal market, which identifies legitimate access to portable internet-Content. Not only when they are in their own country, but also when moving within the EU. Key words: digital market; legal regulation of EU digital market functioning; .eu top-level domain name; portable internet content; cross-border transmission.

Article 262 TFEU

2019 ◽  
Author(s):  
Bernhard Schima
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
European Parliament ◽  
The Other ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
Legislative Procedure

Article 229a EC Without prejudice to the other provisions of the Treaties, the Council, acting unanimously in accordance with a special legislative procedure and after consulting the European Parliament, may adopt provisions to confer jurisdiction, to the extent that it shall determine, on the Court of Justice of the European Union in disputes relating to the application of acts adopted on the basis of the Treaties which create European intellectual property rights. These provisions shall enter into force after their approval by the Member States in accordance with their respective constitutional requirements.

‘SEIZING’ PHARMACEUTICALS IN TRANSIT: ANALYSING THE WTO DISPUTE THAT WASN'T

2012 ◽  
Vol 61 (2) ◽  
pp. 389-426 ◽  
Author(s):  
Bryan Mercurio
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Dispute Settlement ◽  
Trade Agreement ◽  
Pharmaceutical Products ◽  
Legal Analysis ◽  
The European Union ◽  
In Transit ◽  
The Eu

AbstractSeveral recent detentions of generic pharmaceutical products transiting through the European Union (EU) for suspected infringements of intellectual property rights raised serious concerns for public health advocates and threatened to expose systemic problems existing in the World Trade Organization's (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The detentions not only garnered international attention, but India and Brazil formally began WTO dispute settlement proceedings against the EU. The parties recently reached a mutually agreed solution to the matter and the proceedings have been halted, leaving unanswered the complex legal and technical questions raised by the detentions of pharmaceuticals in transit. Despite a solution being reached in this dispute, the matter will undoubtedly resurface in the near future for a number of reasons. For instance, the EU is attempting to export its laws to its trading partners through the negotiation of free trade agreements and in other forums such as the recently concluded Anti-Counterfeiting Trade Agreement which increases the likelihood that similar detentions will occur at some point in the future. Moreover, recent trends in international intellectual property law indicate a move towards increased protection and enforcement in at least the short and medium term. The issue therefore offers the opportunity for rich legal analysis into an underexplored, yet increasingly important, aspect of WTO law.

scholarly journals NATIONAL STRATEGY OF INTELLECTUAL PROPERTY IN UKRAINE IN THE CONTEXT OF INTERNATIONA OBLIGATIONS

2020 ◽  
Author(s):  
Катерина Горбачова ◽  
Валентина Нежевело ◽  
Ірина Хайхан
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Regulation ◽  
Judicial Reform ◽  
National Strategy ◽  
Association Agreement ◽  
High Court ◽  
The Creation ◽  
The Eu

In times of a deep economic crisis, international support, including economic support, depends largely on fulfillment of the international obligations undertaken by Ukraine. Due to the complexity of the reforms implemented by Ukrainian society, political infighting, lack of politicalwill, unity and consistency in the implemented reforms, our country today recognizes the improper and untimely implementation of certain provisions of the Association Agreement with the EU. Intellectual activity permeates all spheres of society, its results, intellectual property rights are in constant development, changing, new objects appear, which presents new requirements for legal systems, on the legal regulation of the specified sphere, and arising out legal relationships. Today, implementation of the Association Agreement with the EU, one of the Chapters of which is the field of intellectual property, assumes of economic and political importance. However, even the judicial reform introduced and the creation of the High Court on Intellectual Property have not deliver their expected results. All because of inconsistency of actions of legislative and executive branches of power, lack of systematicity in reform, and its insufficient substantiation.That is why, today, there is a growing need for the adoption of the National Strategy for the Development of the Intellectual Property Sphere for the period 2020–2025, which should become a comprehensive reflection of the state policy in the field of intellectualproperty. As to its legal nature, the National Strategy for the Development of Intellectual Property is a set of measures aimed at: (creating) promoting and encouraging the creation of intellectual property rights; (use) the introduction of favorable conditions andmechanisms for the use of intellectual property rights in production and other economic sectors; establishment of effective public administration in the field of intellectual property; increase of efficiency of activity of state institutions of the intellectual property protection system, examination of applications and issuance of security documents; improvement of legislation on protection of intellectual property rights; improving the mechanisms of protection of intellectual property rights; formation of a high level of culture and education in the field of intellectual property in order to build a competitive national economy, based on knowledge and innovation and implemented by the Government of our country. The effectiveness of the Strategy depends on the successful implementation of judicial reform and the effective work of the High Court on Intellectual Property.

scholarly journals THE CONCEPT AND CONTENT OF PUBLIC ADMINISTRATION PROCEDURES IN THE FIELD OF INTELLECTUAL PROPERTY IN THE COUNTRIES OF THE EUROPEAN UNION

2021 ◽  
Vol 1 (2) ◽  
Author(s):  
Pavlo V. Makushev ◽  
◽  
Andriy V. Khrid�chkin ◽  
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Property Rights ◽  
Public Administration ◽  
Intellectual Property Rights ◽  
Case Law ◽  
Legal Regulation ◽  
The European Union ◽  
Goods And Services ◽  
Court Of Justice

The article considers the features of public administration in the field of intellectual property and the conceptual basis for the formation of its procedures in the European Union. The conceptual bases of formation and development of procedures of public administration in the field of intellectual property in the countries of the European Union are opened. The pluralism of approaches to the definition of public administration procedures in the field of intellectual property in the countries of the European Union is analyzed. The normative-legal base of procedures of public administration in the field of intellectual property in the countries of the European Union is given. The acts of the Court of Justice of the European Communities on public administration in the field of intellectual property are analyzed. It is proved that the formation of European private law is due to the purpose of creating and functioning of a common market. It is established that in the national legal systems of European countries the regulation of public relations in the field of intellectual property is given considerable attention. The process of improving the procedures of public administration in the field of intellectual property in the European Union is analyzed and the legal framework of this process is given. A feature of European Union law is to strengthen the protection of intellectual property rights through two main mechanisms: harmonization of legislation of member states of the European Union and the introduction of European Union protection documents for various intellectual property. Thus, other partner countries of the European Union, in addition to measures to approximate legislation, may decide on the signing of agreements on entry into the regional European system of protection of certain intellectual property. The member states of the European Union pursue a coherent policy in the field of legal protection and use of intellectual property. Guided by the principle of free movement of goods and services, they focus their efforts primarily on the unification and harmonization of legislation in the field of intellectual property and prevention of the use of intellectual property rights in unfair competition. Within the European Union, a system of direct regulation of the processes of unification and harmonization of legislation in the field of intellectual property, which is especially characteristic of the field of copyright and related rights. The Court of Justice of the European Communities plays a significant role in the unification and harmonization of the legal regulation of relations in the field of intellectual property. In the absence of appropriate harmonization of national legislation in the field of intellectual property with the principles of free movement of goods and services, as well as freedom of competition, proclaimed by the European Union, the importance of the case law of the European Court of Justice is difficult to overestimate. The beginning of unification and harmonization activities in the field of intellectual property protection is preceded by a stage of case law enforcement practice, which allows to identify existing gaps in legal regulation and solve relevant problems. At present, it is a question of the existence of a special system of intellectual property rights of the European Union, formed in its general features, built on principles different from the traditional national ones, with a special subject of regulation. At the same time, this system is a new legal phenomenon that is developing quite dynamically and rapidly along with national and international legal systems. The legal regulation of intellectual property relations in the European Union aims to ensure a high level of protection of these rights, as they are the legal basis for the protection of the results of creative activity. The conclusion about the urgency of research of problems of public administration in the field of intellectual property in the countries of the European Union is made.

scholarly journals The features of the contractual form of protection of subjective intellectual property rights for a cinematographic work under the laws of Ukraine and the countries of the European Union

2020 ◽  
pp. 323-328
Author(s):  
Kateryna Poturai
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Regulation ◽  
General Concept ◽  
The European Union ◽  
Modern Development ◽  
The Creation ◽  
Civil Contract

The article reveals the features of the contractual form of subjective intellectual property rights to a cinematographic work underthe laws of Ukraine and the European Union as the main form of protection of cinematographic works.The author emphasizes that in modern development of copyright relations, civil law has abandoned the legislative consolidationof the concept of copyright agreement, yet only lists and discloses the sense of its types.Thus, at the legislative and theoretical level, the problem of classifying a copyright agreement on the creation of a cinematogra -phic work as an agreement on the alienation of exclusive rights or a license agreement still remains unresolved. At the present stage,the legal regulation of the creation and use of films is further complicated by the fact that many film studios instead of copyright agreementsenter into refit contracts on the creation of films.The author draws attention to the fact that the French legal doctrine does not see any difference between the subject of the contractand the content of the obligation and uses such concepts as synonyms. The French legislator does not give a general concept, whichwould reveal the main features of the copyright agreement. However, the provisions of the French Intellectual Property Code directlyindicate the possibility of assignment of the author’s property rights (succession in a certain part of copyright) on the basis of the cont -ract. In the French literature and in the practice of courts it is unanimously recognized that from the point of view of general civil lawthe assignment of exclusive property copyrights is in principle a civil contract of sale of property, in turn a license is a civil contract ofproperty lease.The author also emphasizes that there is a necessity to regulate the conclusion of copyright agreements with all subjects of a cinematographicwork, which may have intellectual property rights in connection with the creation of such a work.

scholarly journals Features of the protection of the intellectual property related to the military-industrial complex of Russia

2018 ◽  
Vol 55 ◽  
pp. 02013
Author(s):  
Mikhail Kuznetsov ◽  
Viktor Ponka ◽  
Ivan Chumachenko
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Regulation ◽  
Industrial Complex ◽  
Trade Relations ◽  
Military Industrial Complex ◽  
Cross Border ◽  
The World ◽  
The Military

An integral part of today’s cross-border civil and trade relations is cooperation and trade in the military-industrial complex. One of the key problems for the countries selling production of the military-industrial complex is the protection of the intellectual property rights in the field of defence industry. Russia, being one of the biggest arms exporters in the world, has accumulated an interesting experience of legal regulation of this problem. This article focuses on aspects of intellectual property protection in the sphere of military-industrial complex.

Intellectual Property Rights and Integration by Conflict: The Past, Present and Future

2016 ◽  
Vol 18 ◽  
pp. 239-269 ◽  
Author(s):  
Martin HUSOVEC
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Fundamental Rights ◽  
Free Movement ◽  
The European Union ◽  
The Past ◽  
National Courts ◽  
Exceptions And Limitations ◽  
The Eu

AbstractThis paper analyses how the Court of Justice of the European Union resolves conflicting situations surrounding intellectual property rights (IPR). More specifically, it looks into how it approaches clashes of IPR with other fundamental rights and economic freedoms and with what consequences. Building upon previous literature, I advance the argument that the resolution of the conflict, by means of the proportionality interest-balancing exercise, pursues a pro-harmonisation agenda not only in the obvious context of free movement, but also in the setting of fundamental rights. I show that the recent Coty Germany ruling is likely to accelerate this trend because of its recognition of positive obligations of the Member States in the context of fundamental rights. It is argued that this could also be used by national courts to improve an existing IPR framework, in particular by filing preliminary references that question legislators’ choices such as non-implementation of permissible exceptions and limitations. After highlighting the importance of maintaining a separation between different policy levels (secondary law vs Charter), I outline why Coty Germany is a very worrying reading of Article 17(2) of the EU Charter, and suggest that this could be remedied by synchronising its interpretation with the Court’s doctrine of ‘specific subject matter’ in the context of free movement.

scholarly journals Contractual and legal regulation of preservation of results of scientific research in confidentiality and use of such information in case of research and development: practices of EU and countries of the world

2021 ◽  
pp. 202-213
Author(s):  
K. SHAHBAZYAN
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Research And Development ◽  
Intellectual Property Rights ◽  
Legal Regulation ◽  
Third Parties ◽  
The World ◽  
Access Rights ◽  
Different Sources ◽  
The Eu

The article analyzes the category of agreements in the field of research and development – non-disclosure agreements (confidentiality agreements), provides examples of such agreements with different sources of funding; as well as there are being considered the wordings of confidentiality provisions in general agreements for research and development –  the article compares the practice of application of these provisions in the EU and countries of the world. The requirements are considered for settling the issues of protection of intellectual property rights in the aspect of confidentiality and distribution of rights to use the information, obtained during the research in the project, use of such info during the further researches and granting access rights to such information to third parties. Aspects that should be included in similar types of agreements in Ukraine are proposed.

Subject matter

2018 ◽  
Author(s):  
Winfried Tilmann
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
European Parliament ◽  
The European Union ◽  
Legal Basis ◽  
Legislative Procedure ◽  
The Creation ◽  
Ordinary Legislative Procedure ◽  
Unitary Patent

The Lisbon Treaty introduced a more specific legal basis for the creation of European intellectual property rights. According to Art 118(1) of the Treaty on the Functioning of the European Union (TFEU), measures for the creation of European intellectual property rights are to be established by the European Parliament and the Council acting under the ordinary legislative procedure. Art 118(2) TFEU, however, sets out a specific legal basis for the language arrangements for European intellectual property rights, which are to be established under a special legislative procedure by the Council acting unanimously after consulting the European Parliament. Therefore, the translation arrangements for any unitary patent system in the EU must be established by a separate regulation.

Article 53 Means of evidence

2018 ◽  
Author(s):  
Andreas von Falck ◽  
Stephan Dorn
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
European Parliament ◽  
The European Union ◽  
Legal Basis ◽  
Legislative Procedure ◽  
The Creation ◽  
Ordinary Legislative Procedure ◽  
Unitary Patent

The Lisbon Treaty introduced a more specific legal basis for the creation of European intellectual property rights. According to Art 118(1) of the Treaty on the Functioning of the European Union (TFEU), measures for the creation of European intellectual property rights are to be established by the European Parliament and the Council acting under the ordinary legislative procedure. Art 118(2) TFEU, however, sets out a specific legal basis for the language arrangements for European intellectual property rights, which are to be established under a special legislative procedure by the Council acting unanimously after consulting the European Parliament. Therefore, the translation arrangements for any unitary patent system in the EU must be established by a separate regulation.

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