scholarly journals Features of intellectual property analysis in Ukraine and abroad

2021 ◽  
Vol 23 (1) ◽  
pp. 326-335
Author(s):  
S. Naumenko ◽  
L. Zolota
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Science And Technology ◽  
Legal Protection ◽  
Scientific Activity ◽  
Property Analysis ◽  
Negative State ◽  
Scientific Potential ◽  
Forensic Expert

Issues on the implementation of intellectual property analysis in Ukraine, as well as a forensic expert participation in court hearing abroad were considered. Intellectual property objects belong to a variety of types of art, science, technology and crafts, effective consideration of cases related to protection of intellectual property rights, for a complete and comprehensive study of the subject of examination and providing an expert's concusion becomes possible only in case of attracting specialists, who have special knowledge in a particular field. The article purpose is to define features of intellectual property analysis in Ukraine and formal requirements for a forensic expert in Ukraine and foreign states. One of the priority directions of state policy is the protection of intellectual property rights, as the development of this area stimulates innovation in all fields by increasing the country's economy to a new level, and providing it a rightful place at the international level. Also, an increase of scientific potential not only promotes Ukraine's modernization in various fields of science and technology but also increases its defense capability and national security. Today there is a negative state of compliance with the legislation regulating intellectual property issues, the number of violations of relevant rights is increasing. The reason for such a state is the imperfection of the mechanism of legal protection and protection of intellectual property rights in the field of scientific activity, failure to resolve the issue regarding legal protection of scientific advances, etc. In January 2020, the European Commission made a publication of a report on protection and ensuring intellectual property rights in third countries, according to which (despite all preventive measures) our country was already on the list of countries, where there are serious systematic problems in the field of defense and protection of intellectual rights, causing significant damage to the economic interests of the EU. Forensic science plays a priority role in introducing advanced achievements of science and technology and promotes the reliability of the proof system in the case. In some cases, the appointment and conduct of a forensic examination are not only necessary but also the only possible means of establishing the truth and solving a litigation.

scholarly journals THE ESSENCE AND CONTENT OF FORENSIC EXPERT ACTIVITY IN THE SPHERE OF INTELLECTUAL PROPERTY

2016 ◽  
Vol 15 ◽  
pp. 346-354
Author(s):  
N. V. Kisil
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Special Knowledge ◽  
Forensic Expert ◽  
The Creation ◽  
Factual Data

The research has identified that the examination in the sphere of intellectual property establishes the factual data on the properties, features, regularities for the creation and use of objects that are specific particularly for this class of forensic examinations the objects of the intellectual property rights. The main tasks include the following: the identification of the features of the intellectual property object in the object referred to study; the study into the conformity of the object with the criteria necessary to grant legal protection (novelty, industrial applicability, etc); the identification of the fact of the use of the intellectual property object’s body of features; identification of the fact of the copyrightable object’s reproduction; the calculation of the value of the property rights for the objects of intellectual rights and calculation of damages incurred due to their infringement. The nature of the expert’s special knowledge is conditioned by the knowledge of properties and features of intellectual property objects, regularities of their creation and use, calculation of their value, incurred damages and economic transactions regarding these objects as well as methods and means used to solve the tasks.

scholarly journals Legal aspects of protection of intellectual property objects in mining engineering

2019 ◽  
Vol 109 ◽  
pp. 00011
Author(s):  
Ievgeniia Bulat
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Legal Aspects ◽  
Mining Engineering ◽  
Unified Approach ◽  
Intellectual Activity ◽  
Innovative Model ◽  
Scientific Potential

The innovative model of development of Ukraine requires implementation of measures aimed at stimulation and protection of intellectual property objects and development of such improved legislative basis in this sphere that would allow not only to preserve existing scientific potential but also to ensure proper protection of the rights of creators of such objects with possibility of their further commercialization. The necessity and expediency of introducing this legal protection improvement is shown on the example of such objects as scientific discoveries in mining engineering, business methods and innovative proposals. The article is devoted to the improvement of mechanism for legal protection of intellectual property rights to the intellectual activity results in context of integration processes that take place in Ukraine. A unified approach is proposed, which assumes revealing in practical part of each claimed object its protectable part, followed by procedure of patenting in accordance with the procedure stipulated by the current legislation.

scholarly journals System of subjects of counteraction to infringement of the intellectual property right in the sphere of scientific activities

2020 ◽  
pp. 37-40
Author(s):  
L.V. Zolota
Keyword(s):  
Law Enforcement ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Scientific Activity ◽  
Intellectual Property Right ◽  
Public Authorities ◽  
Scientific Institutions ◽  
Favorable Conditions

In this article involves a comprehensive analysis and generalization of existing scientific and theoretical material and the formulation of relevant conclusions the system of subjects of administrative and legal protection of intellectual property rights in the sphere of scientific activity. In the course of the research the system of subjects of administrative and legal protection of intellectual property rights in the sphere of scientific activity in Ukraine is defined, a number of public authorities belonging to general and special jurisdictions in this system have been clarified, after all, the state of observance of intellectual property rights in the field of scientific activity depends on the effectiveness of public authorities, one of the main tasks of which is the protection of such rights. As a result of the research, a number of new scientific theoretical and practical conclusions have been formulated with regard to subjects of administrative law, in particular, it is determined that they are potential subjects of administrative legal relations, as they may either enter into the relevant administrative legal relations or not exercise such a right, regarding the subjects of administrative and legal protection of intellectual property rights in the field of scientific activity, which are public authorities, international, national public organizations, scientific institutions, etc. whose activities are aimed at providing favorable conditions for the creation and use of intellectual property rights in the field of scientific activity. The provisions resulting from the research can be used in research, lawmaking, law enforcement activities – to improve the efficiency of protection of intellectual property rights in the field of scientific activity.

PERLINDUNGAN HUKUM TERHADAP KARYA SENI BATIK YANG BELUM TERDAFTAR MENURUT UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA

2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Inggrit Fernandes
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Cultural Heritage ◽  
Intellectual Property Rights ◽  
Rapid Growth ◽  
Economic Value ◽  
Legal Protection ◽  
Property Law ◽  
Market Demand ◽  
Work Of Art

Batik artwork is one of the treasures of the nation's cultural heritage. Batik artwork is currently experiencing rapid growth. The amount of interest and market demand for this art resulted batik artwork became one of the commodities in the country and abroad. Thus, if the batik artwork is not protected then the future can be assured of a new conflict arises in the realm of intellectual property law. Act No. 28 of 2014 on Copyright has accommodated artwork batik as one of the creations that are protected by law. So that this work of art than as a cultural heritage also have economic value for its creator. Then how the legal protection of the batik artwork yaang not registered? Does this also can be protected? While in the registration of intellectual property rights is a necessity so that it has the force of law to the work produced

PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN UKRAINE: MODERN REALITIES AND PROSPECTS

2017 ◽  
Author(s):  
Yuliia Tovstohan ◽  
◽  
Serhii Ivanov ◽  
Keyword(s):  
Intellectual Property ◽  
Civil Rights ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Current System ◽  
General Procedure ◽  
Legal Protection ◽  
General Concept ◽  
Scientific Article ◽  
Definition Of

The scientific article examines the modern mechanism of protection of intellectual property rights in Ukraine. Attention is paid to the historically first using of the concept of intellectual property rights in international law and the shortcomings of this definition. The legal definition of this concept contained in the Civil Code of Ukraine is analyzed. It is concluded that the legislative enshrinement of intellectual property rights is evidence of its recognition by the state, and such a right applies to special objects, the list of which is enshrined at both national and international levels. The question of the relationship between the concepts of "protection" and "defense" of civil rights is covered. The main groups of approaches of scientists to the solution of this problem are indicated. An approach that defines "protection" as a general concept for "defense" is supported, where "protection" is a broader concept that covers the term "defense". Emphasis is placed on the fact that although these legal categories are related, they cannot be identified. The main features that distinguish these concepts are listed, and the features of "defense" as an independent concept are highlighted. There are given examples of definition of the concept of protection of intellectual property rights given by scientists. Based on these definitions, the main features of this term are summarized. The issue of forms of protection (jurisdictional and non-jurisdictional) has been studied. The general and special order within the jurisdictional form is distinguished. It is noted about the peculiarities of self-defense as a non-jurisdictional form. The focus is on the judicial (general) procedure for protection of intellectual property rights as the main one. Possible ways of protection (civil, administrative, criminal, and criminal) are analyzed. The problems and shortcomings of the current system of legal protection and protection of intellectual property rights in Ukraine are analyzed. Both reports from international partners and research by Ukrainian scientists were used. The authors outline ways to solve existing problems. The conclusions of the study are formulated and the possibility of further scientific research in this area is indicated.

scholarly journals KEEPING THE NATION'S ASSETS THROUGH THE LEGAL PROTECTION OF COPYRIGHT WORKS OF CULTURE

2016 ◽  
Vol 1 (1) ◽  
pp. 55-71
Author(s):  
Zulkifli Makkawaru
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Literature And Science ◽  
Community Rights ◽  
Art And Culture ◽  
The Right

Indonesia positioned copyright art and culture based on its strength as a nation or community rights over an Alliance grouping of the society which can give the effect of distortions in its protection. Which institution can be megurus and oversee the interests between countriesCultivate ideas/ideas in the fields of art, literature and science in the context of intellectual property rights (HKI) categorized into areas of HKI named Copyright (Copyright). The scope of the rights provided for the protection of copyright in the context of this very broad following elements known in several countries. There is a different understanding about the copyright status of culture from both the substance of the right nor of the appreciation of the case which threatens foreign claims copyright over the culture of Indonesia

scholarly journals PERLINDUNGAN HUKUM PENCATATAN LOGO SEBAGAI CIPTAAN SETELAH BERLAKUNYA UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA

NOTARIUS ◽  
2019 ◽  
Vol 12 (1) ◽  
pp. 118
Author(s):  
Widowati Maria Teresa ◽  
Budi Santoso
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
The Public ◽  
The Creation ◽  
The Government ◽  
Legal Entities

With the enactment of Law Number 28, 2014 About Copyright the creation of art in the form of a logo or distinctive sign is used as a brand in the trade of goods/services or used as a symbol of the organization, entity, or legal entities can not be recorded. Logo that cannot be registered as creation may be registered as trademarks and obtain trademarks protection. Associated with the unregistered logo in the List of Works does not reduce the copyrights protection of the logo, because the protection of the logo as Creation appears declaratively. Consequences of the unlisted logo in the List of Works are logo will not get an official passage on Creation. The government needs to tighten substantive and material checks on all works listed in the field of Intellectual Property Rights and the government may take the initiative to carry out dissemination and counselling accessible to the public especially for business practitioner. Keywords : Logo, Legal Protection, Copyrights AbstrakDengan diberlakukannya Undang-undang Nomor 28 Tahun 2014 Tentang Hak Cipta, seni lukis yang berupa logo atau tanda pembeda yang digunakan sebagai merek dalam perdagangan barang/jasa atau digunakan sebagai lambang organisasi, badan usaha, atau badan hukum tidak dapat dicatatkan. Logo yang tidak dapat dicatatkan sebagai Ciptaan dapat didaftarkan sebagai Merek dan mendapatkan perlindungan Merek. Terkait dengan tidak dicatatkannya logo dalam Daftar Ciptaan tidak mengurangi perlindungan Hak Cipta atas logo, karena perlindungan logo sebagai Ciptaan muncul secara deklaratif. Konsekuensi dari tidak dapat dicatatkannya logo dalam Daftar Ciptaan adalah Ciptaan logo tidak akan mendapatkan petikan resmi atas Ciptaan. Pemerintah perlu untuk memperketat pemeriksaan substantif maupun materiil terhadap seluruh karya yang didaftarkan di seluruh bidang Hak Kekayaan Intelektual dan dapat mengambil inisiatif untuk melakukan diseminasi dan penyuluhan yang dapat diakses secara mudah bagi masyarakat pada umumnya dan pelaku bisnis pada khususnya. Kata kunci : Logo, Perlindungan Hukum, Hak Cipta 

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