CONTRACTUAL MECHANISMS FOR PROTECTION OF PERSONAL NON-PROPERTY RIGHTS OF CREATORS OF COMPUTER PROGRAMS

Patents as Intellectual Property Rights which are included in exclusive rights that contain legal construction. It basically must provide legal protection for the application of financial and techology-based on computer programs in Indonesia, where it is given to the novelty of the invention, inventive steps contained in it; and the success of inventions that should be applicable in industries that are developing at this time. To get tsshe assurance and legal protection against fintech programs invention, it is necessary to be followed up on legislation in the field of intellectual property, especially in terms of special patents which it related the fintceh programs inventions in Indonesia, which are expected to provide solutions to the legal problems in Indonesia and to provide a clear legal direction related the fintech programs inventions, on the other hand, with the existence of the legislation in the field of special patent it is expected that can obtain balanced legal protection related to computer programs. Which must be in accordance with the purpose of the invention itself to support the maximum efforts to achieve people's welfare .

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Objects of intellectual property rights: general terms of protection

Theory and Practice of Intellectual Property ◽

10.33731/62020.233970 ◽

2021 ◽

pp. 98-106

Author(s):

Olena Bakhareva

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Intellectual Property Rights ◽

Computer Programs ◽

Civil Code ◽

Brand Names ◽

Goods And Services ◽

General Terms ◽

Commercial Code ◽

Utility Models

Keywords: wine go and brown models, promises, sort of roslin that breed of twarin,trade marks (marks for goods), commerce (form) naymenuvannya, geographic significance,komertsiyna tamnytsya, computer programs Intellectual property is the result of human creativity: works of art and science, inventionsand utility models in all fields of human activity, industrial designs, trademarks(marks for goods and services), commercial (brand) names, information products,selection achievements, etc. Intellectual property is created as a result of purposefulmental work of human intellect, the result of which is something new, characterized byuniqueness, originality, uniqueness.According to the provisions of the Civil Code of Ukraine, an intellectual property rightis a person’s right to the result of intellectual, creative activity or another object of intellectualproperty right, defined by this Code and another law. Intellectual property rightsare personal non-property intellectual property rights and (or) property intellectual propertyrights, the content of which in relation to certain objects of intellectual propertyrights is determined by this Code and other law. Intellectual property rights are inviolable.No one may be deprived of intellectual property rights or restricted in their exercise,except in cases provided by law.The Commercial Code of Ukraine provides a list of intellectual property, leaving itopen and states that the general conditions for the protection of intellectual propertyrights to objects are determined by the Civil Code of Ukraine. In the Civil Code ofUkraine, the fourth Book «Intellectual Property Law» is devoted to the issue of intellectualproperty. The Civil Code of Ukraine provides a more extensive list of objects of intellectualproperty rights, defines their concepts.According to Article 420 of the Civil Code of Ukraine, the objects of intellectual propertyrights, in particular, include: literary and artistic works; computer programs; datacompilation (database); implementation; phonograms, videograms, broadcasts (programs)of broadcasting organizations; scientific discoveries; inventions, utility models,industrial designs; arrangement of semiconductor products; innovation proposals; plantvarieties, animal breeds; commercial (brand) names, trademarks (signs for goods andservices), geographical indications; trade secrets.The purpose of my article is to summarize information about the objects of intellectualproperty rights, disclosure of their concepts with reference to relevant regulatorysources. Therefore, to simplify the reader's perception and search for concepts in differentsources, it was decided to group them in one text. I hope that the information providedwill be useful.

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LEGAL PROTECTION OF COMPUTER PROGRAMS AS OBJECTS OF INTELLECTUAL PROPERTY RIGHTS

Legal horizons ◽

10.21272/legalhorizons.2019.i19.p31 ◽

2019 ◽

pp. 31-35

Author(s):

Y.S. Kanarik ◽

B.B. Sergienko

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Computer Program ◽

Intellectual Property Rights ◽

Legal Protection ◽

Computer Programs ◽

Patent Law ◽

Relevant Today ◽

The 1960S ◽

Almost All

The article examines the legal protection of computer programs as intellectual property rights. The analysis of theoretical and practical aspects of the existing system of protection of the computer program according to the rules of copyright is carried out and the possible ways of its improvement in accordance with the current conditions. As many scientists, in particular, Kirin R, S., Tarasenko L.L., Efremova T.F., emphasize the imperfection of the legal protection of this object of intellectual property rights, the possible ways of improving the legislative protection of computer programs in accordance with to the needs of today. We identify the strengths and weaknesses of the various legislative protection systems that are relevant today or those that could theoretically be applied to protecting computer programs. Particular attention has been paid to the emergence and development of the legal protection of computer programs in general since the 1960s. It has been revealed that from the very beginning, the legal protection industry has relied on various systems of protection, including copyright and patent law, and so on. In the future, with the development of intellectual property rights, in almost all states, a system for protecting computer programs as literary works has been adopted. However, in the current context, such legal protection is ineffective. And the more useful a computer program is, the more vulnerable it to copying. That is why the prevalence of unlicensed versions of computer programs is analyzed. So, about 85% of the population were found to be using, at least one, illegal copy of computer programs. The main reasons for this phenomenon are the perception of intellectual property rights as a free resource, as well as fragmented, imperfect action by the state to identify and eliminate this type of offense. Due to the urgency of the problem, the authors have proposed various options for protecting computer programs: in particular, the traditional protection of a computer program as a copyright object; protect your computer program by patent law. However, only if the program is part of a utility model or invention; protecting your computer program name as a trademark, etc. Keywords: computer program, copyright, patent, source code, object code.

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