scholarly journals National strategy for development and protection of the sphere intellectual property

2021 ◽  
Vol 12 (4) ◽  
Author(s):  
Svitlychnyy Oleksandr ◽  

In recent years, Ukraine has received not only new legislation, a new regulator, but also a new National Intellectual Property Authority. On the initiative of the Ministry of Economy of Ukraine, the Cabinet of Ministers of Ukraine 13.10.2020 № 1267-r, in pursuance of subparagraph 1 of paragraph 7 of section II «Final and transitional provisions» of the Law of Ukraine of 16.06.2020 № 703-IX «On Amendments to Certain Laws of Ukraine on the Establishment of a National Intellectual Property Authority» determined that the state enterprise «Ukrainian Institute of Intellectual Property» performs the functions of the National Intellectual Property Authority. Given that the state structures considered six options for the formation of a new national body, the definition of a temporary state enterprise «Ukrainian Institute of Intellectual Property» as the National Intellectual Property Authority, on the one hand was the best solution, and on the other, the intellectual property protection system to some laws of Ukraine on the establishment of a national intellectual property body, has undergone significant changes, which could not affect the entire system of intellectual property protection in the state. Keywords: intellectual property, legislation, reorganization, national authority, system, structure

2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Svitlychnyi Oleksandr ◽  

Today, the protection of intellectual property rights and legitimate interests of citizens is guaranteed by Article 55 of the Constitution of Ukraine, which provides and guarantees to everyone who uses all national forms of legal protection, protection of rights and freedoms in court. According to the second part of Art. 124 of the Basic Law, the jurisdiction of the courts extends to any legal dispute and all legal relations arising in the state. In addition to the constitutional right to administrative and judicial protection of intellectual property, the rules of special legislation in the field of intellectual property also determine other types of protection. In particular, part of the first article. 52 of the Law of Ukraine «On Copyright and Related Rights», to protect their copyrights and (or) related rights, entities have the right in accordance with the established procedure to apply to the court and other authorities in accordance with their competence. It is emphasized that the specifics of the protection of intellectual property is that there may be different ways to protect the violated subjective right to choose the person whose rights are violated. Today, the state system of intellectual property protection in Ukraine has an extensive system of state bodies involved in ensuring the protection of intellectual property. Based on the analysis of normative legal acts and scientific opinions, the article analyzes the activities of public administration entities in the field of intellectual property protection (Ministry for Development of Economy, Trade and Agriculture, National Intellectual Property Authority, Ukrainian Institute of Intellectual Property, Department of Intellectual Property). It is noted that in connection with the reorganization of the state system of intellectual property protection, instead of a three-tier structure, a two-tier structure is proposed. It is established that the current standing of the state system of intellectual property protection does not fully comply with international standards and principles in the field of intellectual property. It is proved that the presented state system of intellectual property protection contains significant shortcomings, the ways of improvement its activities are proposed. Keywords: state system, structure, protection, intellectual property, functions, improvement


1916 ◽  
Vol 10 (3) ◽  
pp. 437-464 ◽  
Author(s):  
Harold J. Laski

“Of political principles,” says a distinguished authority, “whether they be those of order or of freedom, we must seek in religious and quasi-theological writings for the highest and most notable expressions.” No one, in truth, will deny the accuracy of this claim for those ages before the Reformation transferred the centre of political authority from church to state. What is too rarely realised is the modernism of those writings in all save form. Just as the medieval state had to fight hard for relief from ecclesiastical trammels, so does its modern exclusiveness throw the burden of a kindred struggle upon its erstwhile rival. The church, intelligibly enough, is compelled to seek the protection of its liberties lest it become no more than the religious department of an otherwise secular society. The main problem, in fact, for the political theorist is still that which lies at the root of medieval conflict. What is the definition of sovereignty? Shall the nature and personality of those groups of which the state is so formidably one be regarded as in its gift to define? Can the state tolerate alongside itself churches which avow themselves societates perfectae, claiming exemption from its jurisdiction even when, as often enough, they traverse the field over which it ploughs? Is the state but one of many, or are those many but parts of itself, the one?


2015 ◽  
Vol 36 (1) ◽  
pp. 21-41
Author(s):  
William J. Novak ◽  
Stephen W. Sawyer ◽  
James T. Sparrow

Pierre Bourdieu began his posthumously published lectures “On the State” by highlighting the three dominant traditions that have framed most thinking about the state in Western social science and modern social theory. On the one hand, he highlighted what he termed the “initial definition” of the state as a “neutral site” designed to regulate conflict and “serve the common good.” Bourdieu traced this essentially classical liberal conception of the state back to the pioneering political treatises of Thomas Hobbes and John Locke.1 In direct response to this “optimistic functionalism,” Bourdieu noted the rise of a critical and more “pessimistic” alternative—something of a diametric opposite.


Author(s):  
A. A. Akimov

Statistics on international innovation and the state of intellectual property protection in Russia are provided. Trends in the protection of intellectual property in Russia and abroad are described.


2019 ◽  
Vol 91 ◽  
pp. 08071 ◽  
Author(s):  
Uliana Filatova ◽  
Nina Semeryanova ◽  
Svetlana Suslova ◽  
Alena Gabudina ◽  
Anna Kopytova

The article discusses the main issues of definition of social entrepreneurship, both from economic and legal point of view. Since Russian legislature is only at the beginning of the way to create legal framework for activities, legislation on social entrepreneurship seems fragmentary and inconsistent. All of that adversely affects development of social entrepreneurship. Official city statistics (Nizhnevartovsk) show that less than a third of all entrepreneurs are interested in this type of activity; entrepreneurs who already have business in the field of social entrepreneurship mostly do not plan to expand current activities in this area. Analysis can contribute to creation of developed socio-economic relations in Russia. It can be achieved by building effective relations between social entrepreneurs and beneficiaries on the one hand, and also between social entrepreneurs and the state on the other.


2018 ◽  
Vol 22 (4) ◽  
pp. 527-546
Author(s):  
Olga V Pankova

The article reveals the essential characteristics of justice as a specific type of state activity; identifies the main features of justice that distinguish it, on the one hand, from other types of state activity, and on the other - from other types of judicial activity. The purpose of this article is to identify and analyze the features of justice in its modern sense. The versatility of this legal category as an ambivalent definition is reflected in its various characteristics, through the consideration of which the most general definition of justice is formulated in the work. The methodological basis of the article is the modern achievements of the theory of knowledge. In the course of research theoretical, General philosophical (dialectics, system method, analysis, synthesis, deduction), traditional legal methods (formal-logical) were applied. Turning to the question of the characteristics of justice, the author touches upon the problem of its broad and narrow understanding due to the increasing role of mediation, conciliation and arbitration as alternative forms of resolution of legal conflicts, as well as in connection with the empowerment of certain state bodies of jurisdictional powers, and concludes that, unlike a number of foreign countries, justice in Russia can be carried out only by state courts. Of considerable interest is also the study of the subject area of justice, which is related to the situation of legal conflict. In this context, the author's analysis of the concept of "legal conflict" and his proposed differentiation of such conflicts into types with subsequent consideration of each of them is quite legitimate. In the context of the formation of the new Russian statehood, the arbitration sign of justice acquired a different sound, which is considered in the work from the standpoint of the special jurisdictional procedural activity of the court and the situational nature of justice. Since the beginning of the modern judicial reform, objective changes in the activities of the courts associated with the emergence of simplified and writ proceedings that have simplified the procedure for the consideration and resolution of certain categories of administrative and civil cases, as well as the allocation of jurisdictional powers to other state bodies that are not part of the judiciary, but use quasi-judicial procedures, i.e. almost judicial procedures as close as possible to them, have significantly changed the attitude to the procedural form of justice, which has lost its former importance. In this regard, the author substantiates the point of view that nowadays in order to determine the qualitative nature of the jurisdictional bodies, it is necessary to identify, in particular, the distinctive features in each of the procedural forms. Revealing in more detail the content of methods and means of justice, the author touches upon the problem of correlation of this legal category with justice and on the basis of the analysis of different points of view comes to the conclusion that these concepts can not be considered as legal phenomena that coincide in whole or in part. Justice is rather an intrinsic property of justice, contributing to its perception as a social and legal value. As one of the most important signs of justice in the work is considered the state-power nature and reliability of judicial decisions, the execution of which involves the suppression of the will (freedom) or material deprivation of one of the parties with the use in certain cases of power and force of the state. In this regard, some attention is paid to the characterization of the binding nature of the judgment as one of its essential properties. Examining justice as categories which help to reveal the contents and legal merits of this form of state activity, in the definition of the given concept into a single, unified definition.


Author(s):  
Nataliia Batanova

The article considers the problems of the theory of functions of constitutional and legal responsibility. The characteristic features of the functions of constitutional and legal responsibility are analyzed. It substantiates the correlation and relationship between the functions of constitutional and legal responsibility and the functions of the Constitution, the functions of constitutional law, the functions of the state, etc. It is proved that the functions of constitutional and legal responsibility are characterized by legal features that reveal the essence and content of this category, in particular: 1) express the nature and content of this type of legal responsibility, its purpose in society and the state, as well as its place in the system of protection of the Constitution and constitutional order; 2) interrelated with the main functions of the state; 3) is an active way of acting of constitutional and legal responsibility and constitutional law as a whole (its principles, tasks, functions); 4) having an objective nature, on the one hand, is a form of purposeful willful behavior or activity of the subjects of constitutional liability and constitutional law in general (subjects of instances of constitutional responsibility and subjects of violators of constitutional law and order (delinquents)), and, on the other hand, the system of legal states that give rise to the constitutional rights and obligations of participants in constitutional-controversial and constitutional-conflict relations; 5) directly related to the system of constitutional law institutions (people, state, elections and referendums, bodies and officials of state power and local self-government, people and citizens, territorial hromadas, political parties, etc.); 6) are in synergy with the sources of constitutional law as a branch of law (above all the Constitution and its functions); 7) directly affect the constitutional and legal relations (first of all, constitutionally-controversial and constitutional-conflict) and their properties, subject-object composition, constitutional legal facts; 8)are organically related to the functions of constitutional law as a legal science and academic discipline and the like, etc. The definition of the concept of the functions of constitutional legal responsibility as the main normative and organizationally secured areas and types of its influence on the constitutional and legal relations with the purpose of protection of the Constitution, restoration of the constitutional order and proper fulfilment of tasks, functions and powers of the subjects of these relations, constitutional disputes between them and overcoming constitutional conflicts is formulated.


Author(s):  
Хусейн Вахаевич Идрисов ◽  
Тамила Джониевна Мимулатова

Статья посвящена одному из важнейших вопросов, связанных с творческой деятельностью человека - охране и защите результатов этой деятельности. В работе приводится характеристика основных видов интеллектуальных прав, а также перечисляются средств охраны и защиты интеллектуальных прав. Кроме того, в рамках статьи приводится легальная дефиниция понятия нарушения интеллектуальных прав. The article is devoted to one of the most important issues related to human creative activity - the protection and protection of the results of this activity. The paper describes the main types of intellectual rights, as well as lists the means of protection and protection of intellectual rights. In addition, the article provides a legal definition of the concept of intellectual property infringement.


Author(s):  
Javier Callejo-Gallego

Blockchain technology was born with the bitcoin cryptocurrency and has been seen as a revolutionary technology since it became possible to design smart contracts and tokens based on it. It has been possible to export this innovation to the most diverse fields, including the culture and entertainment industry and media. However, and after six years of developing different models to incorporate blockchain into journalism, an integrated model to act as a reference in this field is still lacking. After analyzing and grouping the wide potential of blockchain in journalism into so-called regimes, this work points out both promising and failed projects in each of the three regimes proposed: registration, economic, and organizational. It is concluded that, despite the very interesting developments regarding the registration regime and intellectual property protection, on the one hand, and economic regime and tokenization, on the other, the inherent decentralized configuration of blockchain currently represents a large obstacle to the construction of an integrated model for its use in journalism. Resumen Desde que la tecnología nacida para la generación de la criptomoneda bitcoin, blockchain, incorporó la posibilidad de diseñar contratos inteligentes y tokens sobre la misma, se vio como una tecnología revolucionaria. De hecho, está, junto a la robótica y la inteligencia artificial, en el centro de la denominada cuarta revolución industrial. Una innovación capaz de ser llevada a los más diversos campos, entre los que destacaba la industria de la cultura y el entretenimiento en general y los medios de comunicación en particular. Es más, teniendo en cuenta la profunda crisis económica y de confianza que vive el ejercicio de la profesión periodística, se apuntaba como una prometedora alternativa a tener muy en cuenta. Sin embargo, tras seis años de probar con distintos modelos de incorporación de esta al ejercicio del periodismo, aún falta la referencia de un modelo capaz de integrar las capacidades derivadas de la misma en este campo. Parece que aún se está lejos de lo que podría considerarse un modelo blockchain en periodismo, de la misma manera que se está alcanzando en otras industrias o profesiones. En este artículo, tras analizar y agrupar esas potencialidades innovadoras en lo que se han denominado regímenes, se apuntan proyectos prometedores y proyectos fallidos en cada uno de ellos. Se concluye que, si bien se han dado desarrollos muy interesantes en lo que respecta a los regímenes de registro y protección de la propiedad intelectual, por un lado, y económico, a través de la tokenización, por otro lado, el gran obstáculo actualmente está en concretar la fórmula de la organización descentralizada. Un modelo de organización que se encuentra en el corazón de blockchain.


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