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 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.

scholarly journals Law Protection of Computer Programs in the State of Israel

2018 ◽  
Vol 18 ◽  
pp. 206-218
Author(s):  
Irina Suslina ◽  
Valeriya Tarasova
Keyword(s):  
Intellectual Property ◽  
Information Technologies ◽  
Great Influence ◽  
Legal Protection ◽  
Copyright Law ◽  
The State ◽  
Property Law ◽  
Intellectual Property Law ◽  
The Moment ◽  
State Of Israel

Nowadays IT sphere all over the world experiences rapid growth. This situation also refers to the State of Israel that is considered to be one of the leaders in IT-startups and IT sphere in all. The development of IT has a great influence on economy of Israel and its economic development. Application software is usually defined as a main unit in information technologies. Therefore, legal protection of software becomes one of the most important issues regarding IT sphere. Intellectual property law in Israel is mostly based on British intellectual property law. International legislation concerning intellectual property also influences Israeli IP law. As in the majority of countries, in Israel software is considered as an object of copyright law and it is protected in compliance with its provisions. Copyright law is regulated by the Copyright Act passed the Knesset in 2007. The term of protection granted by this Act shall be the life of the author and seventy years after his death. In accordance with the main principle of copyright law, software has been protected since the moment the software was created. That means that software in Israel does not subject to registration or any other procedure of its kind. It is also possible to register a logo and a unique name of software as a trademark, and this can become a substantial addition to the law protection.

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.

Intellectual Property Issues for Digital Libraries at the Intersection of Law, Technology, and the Public Interest

2011 ◽  
pp. 294-341
Author(s):  
Dionysia Kallinikou ◽  
Marinos Papadopoulos ◽  
Alexandra Kaponi ◽  
Vassiliki Strakantouna
Keyword(s):  
Intellectual Property ◽  
Public Interest ◽  
Digital Libraries ◽  
Legal Issues ◽  
Property Law ◽  
Intellectual Property Law ◽  
The Public ◽  
Creative Commons ◽  
Alternative Proposal ◽  
Database Protection

The development of Digital libraries and repositories, a worldwide vision with enormous political and ideological importance for humanity, in an effort to approach cultures and preserve plurality and diversity, is directly affected by the provisions of Intellectual Property Law and is subject to the consideration of innovation through legislation. Legal issues such as these related to software use, database protection, the collection, digitization, archiving, and distribution of protected works are of outmost importance for the operation and viability of Digital libraries and repositories. In this chapter, the authors focus upon some of these legal issues and consider an alternative proposal in respect of Intellectual Property law for open access to creative works furnished to the public through Digital libraries and repositories. The alternative proposal pertains to the use of the Creative Commons licenses as a legal means to enhance Openness for Digital libraries.

scholarly journals CIVIL LAW REGIME OF DUAL-USE GOODS FROM THE POSITION OF ENSURING THE BALANCE OF PRIVATE AND PUBLIC INTERESTS: COMPARATIVE LEGAL ASPECT

2020 ◽  
pp. 196-207
Author(s):  
Mikhail G. Shcherbakov ◽  
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Export Control ◽  
Dual Use ◽  
Legal Regime ◽  
Public Interests ◽  
Legal Norms ◽  
The Status ◽  
Private And Public ◽  
Fair Balance

The article examines the dialectical relationship between the balance of private and public interests and the effectiveness of legal regulation of the dual-use goods. The concepts of dual-use goods and the legal regime of dual-use goods are examined and the conclusion is made that there is an interdependence between the categories «fair balance of private and public interests» and «the form and content of the dual-use goods regime». The structure of the legal regime system, consisting of interconnected subsystems that are in functional unity with each other, is analyzed. The dynamic property of the legal regime of dual-use goods to change the status of the goods and the status of the subject, depending on the state of the balance of private and public interests, is revealed. A special mechanism has been identified for regulating the system of the legal regime for dual-use goods, arising from the process of unification of legal norms, both at the international and national levels. The author proposed measures to improve the mechanism for regulating the legal regime of dual-use goods, based on the achievements of scientific and technological progress. Thus, increasing inter-industry relations through the unification of legal norms, as well as the use of modern technologies in the export control process, will ensure a fair balance between private and public interests. Meanwhile, state intervention in the property relations of individuals should be of an exceptional nature, providing for the existence of a mechanism for judicial protection of the weak side, for example, in the form of an institution for consumer protection. It is a focused approach based on the additional role of the state that will improve the effectiveness of the dual-use goods regime, as well as eliminate archaic methods of legal regulation of the turnover of dual-use goods based on the permissive type of regulation. In that way, the system measures that allow integrating advanced technologies into the mechanism of dual-use goods regime include: - introduction of a risk-based approach in the export control system; - transition to the notification procedure for export control; - transition to automatic identification of dual-use goods; - creation of a unified technological platform for controlling the turnover of dual-use goods; - creating a virtual image of dual-use goods with the function of saving the history of their use; - chipping of dual-use goods; - use of distribution registers in transactions with dual-use goods.

scholarly journals The series of trademarks: theory, legislation, law enforcement

2021 ◽  
pp. 45-53
Author(s):  
Nataliia Myronenko
Keyword(s):  
Law Enforcement ◽  
Intellectual Property ◽  
Legal Protection ◽  
Property Law ◽  
The European Union ◽  
Association Agreement ◽  
Intellectual Property Law ◽  
Goods And Services ◽  
European Court ◽  
Ip Law

Key words: trademark, series of signs, dominant element, originality, resolution The article, based on the analysis of the doctrine of intellectual property law,legislation of Ukraine, law enforcement practice, examines the state and prospects ofproviding legal protection of a series of trademarks. To overcome the existing gap inthe legislation of Ukraine, the need to amend the Law of Ukraine «On Protection ofRights to Marks for Goods and Services» is justified. It is proposed to define «a seriesof marks as a set of trademarks belonging to one owner of interdependent rights, interconnected by the presence of the same dominant verbal, figurative or combined element,having phonetic and semantic similarity, and may also bear minor graphic differencesthat do not change the essence of the trademarks. The lack of definition ofthe term «dominant element» in the legislation is emphasized. Based on the provisionsof the philosophy and doctrine of intellectual property law, the dominant elementmeans the smallest indivisible component of the trademark, which is originaland not descriptive. Based on this, its main features are distinguished: originalityand indivisibility.It is proved that the same position of the dominant element in the structure of allsigns is necessary to create a stable image of consumers in relation to a particularproduct and its manufacturer. Examples of court decisions on recognition or refusal toprovide legal protection to trademarks are given.In the context of reforming the legislation of Ukraine in terms of its approximation toEU legislation and the development of relevant case law, which must meet Europeanstandards, the expediency of using the legal positions of such a leading democratic courtas the European Court of Justice is justified. Attention is drawn to the fact that the decisionof the ECJ is not a source of law for resolving disputes of this category by the courtsof Ukraine. At the same time, they are a source of harmonious interpretation of the nationallegislation of Ukraine in accordance with the established standards of the legalsystem of the European Union. It is proved that this conclusion is consistent with thepurpose and objectives to be solved in the country in the process of implementing the provisionsof the Association Agreement in the legislation of Ukraine. Proposals are formulatedto improve the quality of legislation in the field of IP law.

scholarly journals PUBLIC INTEREST IN PUBLIC PROCUREMENT

2020 ◽  
Vol 24 (4) ◽  
pp. 1039-1062
Author(s):  
Vitaly V. Kikavets
Keyword(s):  
Public Interest ◽  
Public Procurement ◽  
Legal Regulation ◽  
Political Regime ◽  
Public Interests ◽  
Public And Private ◽  
The Public ◽  
Private Interests ◽  
Private And Public ◽  
The Government

The basis of legal relations in public procurement are private and public interests. The purpose of the study is a substantive assessment of the authors hypothesis that the purpose of legal regulation and financial support of public procurement is to satisfy the public interest expressed in the form of a public need for goods, works, and services. The methodological basis of the study rests on historical and systematic approach, analysis, synthesis and comparative-legal methods. The results of the analysis of normative legal acts regulating public procurement, doctrinal literature and practice showed that public interest denounced in the form of public need is realized through public procurement. Public and private interests can be realized exclusively jointly since these needs cannot objectively be met individually. In general, ensuring public as well as private interests boils down to defining and legally securing the rights and obligations of the customer and their officials, which safeguards them in the process of meeting public needs through public procurement. The study revealed the dependence of the essence of public interest on the political regime, which determines the ratio of public and private interests. Public interest in public procurement is suggested to understand as the value-significant selective position of an official or another person authorized by the government, which is expressed in the form of the public need for the necessary benefit; gaining such benefit involves both legal regulation and financial security. The purpose of legal regulation of public procurement is to satisfy public interest. These concepts should be legally enshrined in Law No. 44-FZ.

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 Public Interest in Private Law Relations of Transition Democracies: A Modern View from the Standpoint of a Systemic Approach

2020 ◽  
Vol 10 ◽  
pp. 430-439
Author(s):  
Iryna E. Berestova ◽  
◽  
Olha V. Verenkiotova ◽  
Natalii Serbina ◽  
Svitlana V. Seminoh
Keyword(s):  
Public Interest ◽  
Large Scale ◽  
The State ◽  
General Nature ◽  
Soviet Society ◽  
Private Law ◽  
Public Interests ◽  
Public And Private ◽  
Private And Public ◽  
The Law

The study investigates the legal nature of the category of "public interest" in private law relations from the standpoint of a systematic scientific approach to law in the countries of post-Soviet society in the modern period. The study states the affiliation of public and private law to the means of achieving the purpose of the law: the recognition of a person, their rights and freedoms as the highest social value of the state. The unsuitability of the theory of the branch belonging to public law has been proved using the universal criterion of separation: the use of the category of "public interest" in the development of the subject and method of the branch in private legal relations. It is concluded that the division of law into private and public is inconsistent in terms of their differentiation of the criterion "method of protecting the rights of their participants", which is activated only after the violation of the latter, while subjective law also exists before the violation, during the existence of regulatory legal relations, and it is the subjective law that forms the affiliation to the relevant industry. During the study, signs of public interest as a legal category were formed. In addition, modern features of public interest as a legal category were outlined from the standpoint of a systematic approach: the general nature of public interests; connectedness with large-scale involvement; recognition by the state and the provision of the law; the possibility of their implementation through measures of state power.

Sign in / Sign up

Export Citation Format

Share Document