Pecularities of Protection and Legal Regime of Official Works in the Field of Lighting Design

2018 ◽  
pp. 99-104
Author(s):  
Rimma Sh. Rahmatulina ◽  
Ekaterina A. Sviridova ◽  
Angela S. Voskovskaya
Keyword(s):  
Subject Matter ◽  
System Analysis ◽  
Lighting Design ◽  
Legal Regime ◽  
Design Work ◽  
Intellectual Activity ◽  
Legal Method ◽  
Exclusive Right ◽  
Future Work ◽  
Official Work

The legal regime of official works has a complex dichotomous construction. The issues connected with the creation of an official work are subject to the labour law, while the issues of official work usage are governed by copyright. The protection issues of lighting design works have their own characteristics due to technical, artistic creativity and use of special technologies. These objects are subject to copying, and because of this fact a lot of legal issues in the field of not only copyright, but contract law arise. The authors of the article aim to determine the signs of creativity for the recognition of a lighting design work as an object of copyright; to develop the criteria for assessing the identity of a design work, created under a contract, and the result of creative activity, the rights to which are transferred to the customer; to identify subjects of copyright for lighting design works. The article uses special legal methods (comparative legal method, formal­legal method and system analysis of legal phenomena method). On the assumption of Article 1295 provisions of the Civil Code of the Russian Federation, it can be concluded that it is possible to conclude an agreement on granting the employer the exclusive right to official lighting works, which were not yet created at the time of concluding such an agreement. The absence of a direct prohibition on the transfer or alienation of the exclusive right in respect of a future work may lead to the probability of recognizing such a contract as not concluded due to the inconsistency of its subject matter. In foreign jurisdictions, there is a ban on inclusion in the agreement of the condition on the result of intellectual activity not yet created (future works). At the same time, in advance to accurately identify the official work, which is to be created by the employee during his labour activity, should not deprive of legal force the contract on the use of official works by the employer. The article proves that the lack of definiteness of the subject, provided that such a subject can be classified as definable, does not entail recognition of this contract as not concluded, and its subject matter is not harmonized.

scholarly journals Teleological Interpretation of the Category “Exclusive Right”

2021 ◽  
Vol 16 (4) ◽  
pp. 94-100
Author(s):  
S. V. Zykov
Keyword(s):  
Subject Matter ◽  
Legal Regulation ◽  
Intellectual Activity ◽  
Single Category ◽  
The Subject ◽  
Teleological Interpretation ◽  
The Right ◽  
Exclusive Right ◽  
Interpretation Method

The paper is devoted to the problem of interpretation of the exclusive right that, contrary to being consolidated as a single category, is formulated differently in relation to different objects of intellectual rights; the powers allocated therein, which constitute (although not exhaustively) its content, also do not coincide in different results of intellectual activity and means of individualization. The use of the teleological interpretation method allows the authors to examine the exclusive right both in the context of the “conflicting right” and the “right to cooperate”, both in statics and in dynamics of legal relations. The purposes for which the exclusive right is normatively formulated are to determine: the rights of a person to his own actions, actions constituting an offense, the subject matter of the contract on granting the right to use the result of intellectual activity and means of individualization. These main objectives may contain additional ones, such as determining the scope of the offence. The normative design of the content of the exclusive right is multilayered and multi-variant, but external contradictions are removed due to teleological interpretation that takes into account the purposes of the legal regulation.

Development of Autonomous Robotic Cataract Surgery Device

2016 ◽  
Author(s):  
Matthew Francom ◽  
Clinton Burns ◽  
Philip Repisky ◽  
Benjamin Medina ◽  
Alex Kinney ◽  
...  
Keyword(s):  
Cataract Surgery ◽  
Visual Feedback ◽  
Surgical Procedure ◽  
Parallel Mechanism ◽  
Horizontal Plane ◽  
Robotic System ◽  
Design Work ◽  
In Series ◽  
Extracapsular Cataract Surgery ◽  
Future Work

The current rate of incidence of cataracts is increasing faster than treatment capacity, and an autonomous robotic system is proposed to mitigate this by carrying out cataract surgeries. The robot is composed of a three actuator RPS parallel mechanism in series with an actuated rail mounted roller that moves around the eye, and is designed to perform a simplified version of the extracapsular cataract surgery procedure autonomously. The majority of the design work has been completed, and it is projected that the system will have a tool accuracy of 0.167 mm, 0.141 mm, and 0.290 mm in the x, y, and z directions, respectively. Such accuracies are within the acceptable errors of 1.77mm in the x and y directions of the horizontal plane, as well as 1.139 mm in the vertical z direction. Tracking of the tool when moving at 2 mm/s should give increments of 0.08 mm per frame, ensuring constant visual feedback. Future work will involve completing construction and testing of the device, as well as adding the capability to perform a more comprehensive surgical procedure if time allows.

Practice of the member states of the European Union in the field of anti-corruption regulation

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Dmytro S. Melnyk ◽  
Oleg A. Parfylo ◽  
Oleksii V. Butenko ◽  
Olena V. Tykhonova ◽  
Volodymyr O. Zarosylo
Keyword(s):  
European Union ◽  
System Analysis ◽  
The European Union ◽  
Analysis Method ◽  
Member States ◽  
Content Type ◽  
Eu Member States ◽  
Legal Method ◽  
Content Analysis Method ◽  
The Eu

Purpose The experience of most European Union (EU) Member States has demonstrated effective anti-corruption practices, making the EU one of the leaders in this field, which can be used as an example to learn from in the field of anti-corruption. The purpose of this study is to analyze and identify the main features of anti-corruption legislation and strategies to prevent corruption at the national and supranational levels of the EU. Design/methodology/approach The following methods were used in the work: discourse and content analysis, method of system analysis, method of induction and deduction, historical-legal method, formal-legal method, comparative-legal method and others. Using the historical and legal method, the evolution of the formation of anti-corruption regulation at the supranational level was revealed. The comparative law method helped to compare the practices of the Member States of the EU in the field of anti-corruption regulation. The formal-legal method is used for generalization, classification and systematization of research results, as well as for the correct presentation of these results. Findings The main results, prospects for further research and the value of the material. The paper offers a critical review of key EU legal instruments on corruption, from the first initiatives taken in the mid-1990s to recent years. Originality/value In addition, the article analyzes the relevant anti-corruption legislation in the EU member states that are in the top 10 countries with the lowest level of corruption, namely: Denmark, Finland, Sweden, the Netherlands, Germany and Luxembourg.

scholarly journals THE LEGAL FATE OF THE OBJECTS PLACED IN AREAS WITH SPECIAL CONDITIONS FOR THE USE OF TERRITORIES IN VIOLATION OF ESTABLISHED RESTRICTIONS

2020 ◽  
Vol 24 (4) ◽  
pp. 1063-1077
Author(s):  
Marina S. Muravyeva
Keyword(s):  
Scientific Knowledge ◽  
Legal Regulation ◽  
Legal Regime ◽  
Methodological Basis ◽  
Judicial Practice ◽  
Legal Method ◽  
Logical Method ◽  
General Scientific ◽  
Method Analysis ◽  
Legal Grounds

The author considers the problem of placing buildings, structures and other objects in zones with special conditions for the use of territories in violation of the restrictions on the use of land plots established by law. Until August 2018, this issue was not regulated in the legislation, as well as the legal regime of protected zones and other zones with special conditions for the use of territories was not properly regulated. At the same time, the judicial practice on disputes over the demolition of these objects was not uniform. In connection with the adoption (in August 2018) of legislative acts affecting both the legal regulation of unauthorized buildings and regulation of the legal regime of zones with special conditions for the use of territories, the work makes attempts to analyze the current legislation, the main positions of the courts and understand the reasons that caused the adoption of new legislative acts. The author comes to the conclusion that at present the legal fate of objects located in zones with special conditions for the use of territories in violation of the restrictions established for land plots depends on a number of circumstances identified by the judicial authorities when considering disputes and having been enshrined in the norms of law. The methodological basis of the research is made up of general scientific (in particular, logical) and special legal (formal legal) methods of scientific knowledge. The logical method (analysis, synthesis, deduction, induction, analogy, etc.) made it possible to identify various legal grounds for the demolition of objects built in zones with special conditions for the use of territories in violation of the established restrictions. With the help of the formal legal method, the court practice of the applying the norms of civil legislation on unauthorized constructions in relation to the placement of objects in zones with special conditions for the use of territories was analyzed.

The sisyphean task of biblical transformation

1977 ◽  
Vol 30 (6) ◽  
pp. 501-521
Author(s):  
R. P. Carroll
Keyword(s):  
Subject Matter ◽  
Religious Tradition ◽  
Modern Society ◽  
Alternative Form ◽  
Intellectual Activity ◽  
The Real ◽  
The Bible ◽  
European Culture ◽  
Independent Entity ◽  
The Given

The task of interpreting the Bible has two main phases— the understanding of the text and the transformation or making relevant of its meaning for modern readers. The steady decline of monolithic religious structures and the growth of pluralism in modern society have produced multivariant forms of intellectual activity embracing the Bible as part of their subject matter. Thus the Bible is embedded in the given of European culture and functions as part of the hermeneutical processes of Jewish, Christian, Muslim and secular traditions. The quest for understanding may be common to all the traditions but the task of transformation can take one of two forms. From within the religious tradition transformation is the attempt to reinterpret the text so as to make it meaningful in contemporary terms but always controlled by the tradition. This form may simply be termed transformation from within or controlled transformation. The alternative form is transformation without limits or control. In this form fidelity to a tradition is not paramount and the real concern is to see how far the material may be transformed so as to constitute an independent entity itself.

Innovative mechanisms in the financial accounting system of the enterprise

2021 ◽  
Vol 39 (6) ◽  
Author(s):  
Yuriy Sigidov ◽  
Oksana Akulich ◽  
Nadezhda Chapkina ◽  
Alexander Kokorev ◽  
Lyubov Melnikova
Keyword(s):  
Subject Matter ◽  
System Analysis ◽  
Financial Accounting ◽  
Accounting System ◽  
Accounting Systems ◽  
Qualitative Understanding ◽  
Innovative Solutions ◽  
Current Economic Situation ◽  
The Subject ◽  
The Impact

The relevance of the subject matter of scientific research is determined by the importance of introducing innovative solutions in the activities of modern enterprises in various sectors of the economy in general and the need for a detailed study of various aspects of the impact of innovative mechanisms in ensuring the full functioning of the financial accounting systems of the enterprise in particular. In this context, the purpose of the study is to investigate the role and functions of innovative mechanisms in the financial accounting system of an enterprise, regardless of its field of activity, with an assessment of the effectiveness of the implementation of such innovative mechanisms and methods. The leading approach in this study is the method of system analysis, which allows performing a structured review of various aspects of the subject matter, in terms of identifying the main patterns of implementation of innovative solutions and mechanisms in the activities of the financial accounting system of the enterprise. The results of this study reflect the essence of the research performed and clearly demonstrate the sequence of development and subsequent implementation of innovative mechanisms in the activities of the relevant systems of modern enterprises; the final conclusions of this study are formulated based on the obtained results. The results and conclusions of this study are of significant practical value for specialists working in the financial accounting system of enterprises, regardless of their specific affiliation to certain areas of economic activity, in terms of providing a qualitative understanding of the need to introduce innovative mechanisms in the financial accounting structures of these enterprises, in order to reduce unjustified losses in the activities of these enterprises and increase the overall level of their economic efficiency in the current economic situation.

THE TYPES OF BIOLOGICAL DATABASES (BIOBANKS)

2021 ◽  
pp. 136-148
Author(s):  
Elena S. Boltanova ◽  
◽  
Maria P. Imekova ◽  
Keyword(s):  
Biological Samples ◽  
Local Level ◽  
Legal Regulation ◽  
Biological Data ◽  
Biological Information ◽  
Biological Databases ◽  
Legal Regime ◽  
Eu Countries ◽  
Legal Method ◽  
The Eu

In the world, it is customary to create biological databases of different species. And initially, the databases for the investigation of crimes were widespread. However, later, when their potential and benefits, including for medicine, were assessed, the databases for other areas appeared. Russia was no exception in this regard. Although, in our country, unlike foreign states, the activities of biological databases based on purposes other than the disclosure of crimes are practically not regulated in any way. This article deals with the analysis of legal regulation of biobanks in the Russian Federation and abroad. Special attention is paid to the classification of biobanks. The purpose of the study is to determine the feasibility in the legislative regulation of their activities, as well as the patterns in such a regulation. To achieve this goal, the authors studied extensive regulatory material, which included EU directives and national regulations of the EU member states. The methodological basis of the study was the general scientific and private scientific meth-ods of research. Of course, such private scientific research methods as the comparative-legal method and the formal legal method have been widely used. Due to the comparative legal analysis, it is established that the EU countries have a high level of legislative activity in terms of determining the legal regime of biological databases. All countries recognize the specifics of such a legal regime, which can largely be explained by a special legal nature of biological samples and biological data. In this regard, the following issues related to the activities of biological databases are reflected everywhere in the EU countries at the level of law: the procedure for their creation; the procedure for receiving, processing, storing and transmitting biological samples and the data obtained on their basis; the rights and obligations of database creators and persons who have provided their biological samples and biological data about themselves; a set of measures aimed at protecting the rights and interests of donors and third parties, etc. As it seems, a similar approach to the regulation of the activities of biological bases estab-lished not for the investigation of crimes should be implemented by Russia. At the same time, special attention should be paid to the research of biological databases. In the Russian Federa-tion, they are created, as a rule, at the local level. Their main drawback is that they are sepa-rate sources of limited biological information, functioning independently of each other while comprehensive (concentrated in one place) information can bring invaluable benefits and advantages for Russian science and medicine as a whole. However, this requires the estab-lishment of an appropriate legal framework.

The Legal Regime of the Technologies and Products Obtained Using GMOs: Discussion Questions

Legal Concept ◽  
2021 ◽  
pp. 195-204
Author(s):  
Alexey Anisimov ◽  
◽  
Olga Popova ◽  
Keyword(s):  
Climate Change ◽  
Global Climate ◽  
Genetically Modified ◽  
Genetic Research ◽  
World Market ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Legal Regime ◽  
Legal Method ◽  
The World

Introduction: the paper examines the problems associated with the definition of the legal regime of the technologies and products obtained using GMOs. The experts in the field of genetics have not yet come to an unambiguous conclusion about the degree of harm or benefit of products obtained using genetic modifications. Russia has strict restrictive measures for the production of genetically modified products. Consequently, there is virtually no market for genetically modified seeds produced in Russia. Nevertheless, the world is actively developing industries for the production of genetically modified agricultural products, and the market for the production of seeds is “captured” by a small number of foreign companies. On the other hand, climate change dictates the inevitability of using genetically modified products, the need to accelerate genetic research, and the production of GMO seeds and food. In this context, the authors set a goal to find a compromise (balanced) legal regulation of the legal regime of the technologies and products obtained using GMOs. Methods: the methodological framework for the research is a set of methods of scientific cognition, among which the formal-legal method and the method of comparative legal analysis are the leading positions. Results: the authors propose to consider the bans or support for GMO products in the context of trends in global climate change and ensuring food security. The authors have made a comparative analysis of the provisions of the international norms and the Russian legislation on the research and application of GMO technologies and products, which helped to identify an unbalanced legal regulation of the use of the GMO technologies in Russia, which reduces its competitiveness in this area on the world market. Conclusions: the Russian legislation needs to minimize this legal imbalance, which puts researchers in the field of plant genetics and producers of GMO seeds and food in unequal (worse) conditions. The legal regulation should ensure the coexistence of organic (environmentally friendly) agriculture, traditional agriculture, and the use of the GMO technologies; the introduction of special labeling of GMO products; the broadening of the powers of regional authorities in the use of GMO technologies; as well as the application of the principle of “traceability” to GMO products.

Should Curriculum Planning Start with Subject Matter?

1975 ◽  
Vol 4 (1) ◽  
pp. 23-32
Author(s):  
Charles E. Wales
Keyword(s):  
Subject Matter ◽  
Systems Design ◽  
Subject Matter Knowledge ◽  
Curriculum Planning ◽  
Educational Systems ◽  
Learning Approach ◽  
Design Work ◽  
The Subject ◽  
Teaching Learning

Curriculum planning often starts and ends with a specification of the subject matter knowledge students will study. This paper argues that a better way to start is by performing an educational systems design which considers knowledge needs along with the need to clarify values and make effective decisions. One result of this design work is the new teaching-learning approach called Guided Design which has already been applied to a variety of disciplines.

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