scholarly journals Modern approaches to the protection of scientific and technical information as a result of intellectual creative activity

2021 ◽  
pp. 34-44
Author(s):  
Hryhorii Dorozhko ◽  
Alla Romashko ◽  
Liudmyla Kravets ◽  
Oksana Poladko
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Technical Information ◽  
Know How ◽  
Scientific And Technical Information ◽  
New Information ◽  
Information File ◽  
Standard Information ◽  
Systems Requirements

Keywords: scientific and technical information, intellectual property, trade secret,invention, utility model, rationalization proposal, WIPO PROOF, management system The article is devoted to defining terms for information inorder to use it effectively. New scientific and technical information is particularlyhighlighted. It is of particular value for commercialization processes. Objects of newinformation that may be objects of intellectual property rights are highlighted. It isshown that there are inconsistencies in the legislation of Ukraine regarding these objects.This applies to such objects as know-how, trade secrets, and innovation proposals.Unclear definitions of them as objects of intellectual property rights effect the effectiveness of their use. This will affect their sharing and the transfer of rights tothird parties.The problem of protecting new information is particularly investigated. The dangerof its illegal use arises already at the stage of creation. The analysed practice ofprivacy violations has shown this. The main reason that was identified is the lack ofcompetence of those who have access to it. This is especially true for information thatis subject to intellectual property rights. Many of them have poor knowledge of themethod of checking for patent purity and approaches to determining secrecy.A method for using WIPO PROOF is proposed. It allows you to confirm the existenceof an information file of a particular author at the time of its registration. Thearticle shows the possibility of using the ISO9001: 2015 and ISO/IES 27001 standardsBy the ISO/IES 270001 standard “Information technology — Securitytechniques — Information security management systems — Requirements” in 2019alone, the International Organization for Standards issued more than 67 thousandcertificates, which indicates its demand in the business environment.It was stated that in Ukraine it is necessary to resolve the issue of controversial informationproducts and actively use methods for its protection. Recommendationswere made to organizations on information resource management. This is the mainway to effectively develop them in modern conditions.

scholarly journals Innovation IT-Payment Technologies as a Know-how and an Object of Intellectual Property Rights

2020 ◽  
Vol 38 (Especial II) ◽  
pp. 518-535
Author(s):  
Ernest Gramatskyy ◽  
Inha Kryvosheyina ◽  
Volodymyr Makoda ◽  
Liydmyla Panova
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Information Technologies ◽  
Personal Data ◽  
Modern Society ◽  
Research Information ◽  
Know How ◽  
Legal Method ◽  
System Method

The modern society necessitates the introduction of new IT-solutions to meet its needs. With the spread of know-how, the need for its detailed analysis with the further determination of the direction of development. The purpose is to carry out an analysis of the introduction and functioning of know-how, as well as to determine the vectors of its use, taking into account the needs of participants in legal relations arising in this area. The subject of research – information technologies (know-how) as objects of intellectual property rights in their use. The methodological basis consists of the method of analysis, the method of synthesis, the dialectical method, the comparative-legal method, the system method, and the logical-legal method. The result of this work is to identify the importance of the information technologies in everyday life of modern society and the level of popularity of their use, outlining possible vectors of development in the economics in the direction of digitalization and justification of the need to improve the provisions of current legislation within the considered topic, expressing the idea of the direction of innovative information policy in the direction of active use of blockchain and maximum compliance with the protection of personal data of customers.

Intellectual Property Rights and Country-of-Origins Labels in the Luxury Industry

2021 ◽  
Author(s):  
Véronique Pouillard
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Country Of Origin ◽  
Nation Branding ◽  
International Competition ◽  
Protective Mechanisms ◽  
Know How ◽  
Substitute Products ◽  
Luxury Industry

Intellectual property rights and country-of-origin labels are two different and often complementary mechanisms of protection. Entrepreneurs in the luxury business use them to inform the consumer and the custom authorities, to protect their innovations and know-how, and also to enhance the narratives of their brands. These protective mechanisms are historically contingent and subject to reinforcement or weakening due to the entrepreneurs’ lobbying, due to governmental protectionism, and more generally due to international competition. Intellectual property rights are not complete systems of protection and present numerous asymmetries between various countries and industries. This chapter also addresses both the effectiveness and the weaknesses of intellectual property rights and of nation branding in informing the consumer, and in deterring the production and purchase of substitute products.

scholarly journals MAIN PROBLEMS OF COMMERCIALIZATION OF INTELLECTUAL PROPERTY FACILITIES IN KAZAKHSTAN

2021 ◽  
Vol 9 (2) ◽  
pp. 11-15
Author(s):  
Anargul' Kulembaeva ◽  
Al'mira Ksembaeva ◽  
Rysty Sartova ◽  
Mayra Kushenova ◽  
Gul'mira Nurbaeva
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
High Efficiency ◽  
Developed Countries ◽  
Trade Secrets ◽  
Know How ◽  
Improve Efficiency ◽  
Property Data ◽  
Commercial Organization

Commercialization allows customers to have a wider range of products and allows companies to generate more revenue, improve efficiency, and reduce costs. In the article, the authors characterize the main problems of commercialization of intellectual property objects, as well as the conditions that ensure the effectiveness of this process. The rights to commercialize intellectual property objects come from a commercial organization, and the owner retains the rights throughout his life as a legal leverage over competitors. Intellectual property rights broadly include patents, trade secrets, know-how, property data, registered designs, copyrights and trademarks, among others. The study revealed the experience of developed countries, which showed the importance and high efficiency of the commercialization of intellectual property objects. The authors identified the main directions of improving the process of commercialization of intellectual property objects.

AGREEMENTS ON THE DISPOSAL OF PROPERTY RIGHTS TO THE OBJECTS OF PATENT LAW AND «KNOW-HOW»: NEWS OF LEGISLATION

2018 ◽  
Author(s):  
Juliia Kanaryk ◽  
◽  
Vladyslav Nosinskyi ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Patent Protection ◽  
Patent Law ◽  
Compulsory Licensing ◽  
Real Cost ◽  
Know How ◽  
Cost Of Drugs ◽  
The Right

The article is devoted to the review of novelties of the legislation in the part of disposition of property rights to objects of patent law and know-how. Based on the analysis of the existing legislation, it is established that there is an exclusive list of the following agreements: license to use the object of intellectual property rights; license agreement; agreement on the creation by order and use of the object of intellectual property rights; agreement on the transfer of exclusive intellectual property rights; another agreement on the disposal of intellectual property rights. It is noted that the agreement on the transfer (use) of «know-how» differs from that for the patent. The basis for granting the right to use «know-how» is not an exclusive right, but a de facto monopoly on the object of the agreement. «Know-how» in contrast to the patented invention can not be used without receiving it from the owner. The consequence of this is the need not only to grant the right of use under the contract, but also the transfer of the «knowhow» in full. It is noted that the legislator has significantly simplified the contractual procedures for granting the right to dispose of property rights for pharmaceutical companies due to the need to combat the pandemic. Lists of substances and medical procedures, medical equipment that cannot be the subject of patent protection have been established. It is emphasized that the legislator does not take into account the current level of digitalization, where the right to own or use intellectual property is certified by numerous electronic methods. For example, by confirming electronic licenses, user terms, affiliate programs with a number of intermediaries. Accordingly, it is necessary to expand the list of possible reliable ways of certifying contracts, which could be considered written or be equated to such a way. The bill №5552, which proposes amendments to the law «On Copyright and Related Rights», in terms of combating «patent trolling» was analyzed. The authors of the bill propose a number of administrative procedures that will help to respond quickly to such unfair actions of competitors. At the same time, it is noted that with the expansion of the contractual procedure, some of these cases could be avoided. It is proposed, as part of the fight against the COVID-19 pandemic, to introduce compulsory licensing, in order to reduce the real cost of drugs against the virus, as well as the logistics of specialized hospitals.

scholarly journals The Franchise Agreement in International Trade: its Advantages and Disadvantages

2021 ◽  
Vol 39 (69) ◽  
pp. 296-316
Author(s):  
Mohammad Mehdipour ◽  
Parviz Bagheri
Keyword(s):  
International Trade ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Know How ◽  
Advantages And Disadvantages ◽  
Limited Duration

The aim of the article is to analyze the implications of the franchise agreement in international trade. One of the contracts that is usually registered after the appearance and registration of property rights, and especially after the development of trademark rights, is the franchise agreement. A franchise agreement is a contract entered into between the franchisor and the franchisee as the owner of the intellectual property rights. In other words, the franchisee often uses trademark rights and intellectual property rights owned by the franchisor, which have a limited duration. It is concluded that, in franchise agreement, there is a right to enforce the franchisor's business method, which is implemented within the network (this method includes the use of intellectual property rights and know-how). This contract has detailed terms and is closely related to intellectual property rights and competition rights. The franchise must be distinguished from the distribution contract, the concessionaire, and the license. Under this agreement, the franchisee enters the franchise network and agrees to use the franchisor's method of negotiation and pay royalty-free payments instead.

AGREEMENTS ON THE DISPOSAL OF PROPERTY RIGHTS TO THE OBJECTS OF PATENT LAW AND «KNOW-HOW»: NEWS OF LEGISLATION

2018 ◽  
Author(s):  
Juliia Kanaryk ◽  
◽  
Vladyslav Nosinskyi ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Patent Protection ◽  
Patent Law ◽  
Compulsory Licensing ◽  
Real Cost ◽  
Know How ◽  
Cost Of Drugs ◽  
The Right

The article is devoted to the review of novelties of the legislation in the part of disposition of property rights to objects of patent law and know-how. Based on the analysis of the existing legislation, it is established that there is an exclusive list of the following agreements: license to use the object of intellectual property rights; license agreement; agreement on the creation by order and use of the object of intellectual property rights; agreement on the transfer of exclusive intellectual property rights; another agreement on the disposal of intellectual property rights. It is noted that the agreement on the transfer (use) of «know-how» differs from that for the patent. The basis for granting the right to use «know-how» is not an exclusive right, but a de facto monopoly on the object of the agreement. «Know-how» in contrast to the patented invention can not be used without receiving it from the owner. The consequence of this is the need not only to grant the right of use under the contract, but also the transfer of the «know- how» in full. It is noted that the legislator has significantly simplified the contractual procedures for granting the right to dispose of property rights for pharmaceutical companies due to the need to combat the pandemic. Lists of substances and medical procedures, medical equipment that cannot be the subject of patent protection have been established. It is emphasized that the legislator does not take into account the current level of digitalization, where the right to own or use intellectual property is certified by numerous electronic methods. For example, by confirming electronic licenses, user terms, affiliate programs with a number of intermediaries. Accordingly, it is necessary to expand the list of possible reliable ways of certifying contracts, which could be considered written or be equated to such a way. The bill No5552, which proposes amendments to the law «On Copyright and Related Rights», in terms of combating «patent trolling» was analyzed. The authors of the bill propose a number of administrative procedures that will help to respond quickly to such unfair actions of competitors. At the same time, it is noted that with the expansion of the contractual procedure, some of these cases could be avoided. It is proposed, as part of the fight against the COVID-19 pandemic, to introduce compulsory licensing, in order to reduce the real cost of drugs against the virus, as well as the logistics of specialized hospitals.

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