scholarly journals Updating legislation in the field of intellectual property in the conditions of recodification: directions, problems, prospects

2021 ◽  
pp. 17-24
Author(s):  
Anatolii Kodynets
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Human Subjects ◽  
Legal Protection ◽  
Civil Code ◽  
Creative Activity ◽  
Intellectual Activity ◽  
Association Agreement ◽  
Structural Part

Keywords: systematization; recodification; legislation; intellectual property; collision;protection of rights; the results of intellectual, creative activity Implementation ofan innovative model in Ukraine is not possible without the creation of a modern systemof regulatory relations in the field of protection of intellectual property that would ensureprotection of human subjects of creative work (authors, artists, and inventors), guaranteeingobservance of their rights, and protection against possible violations.The first steps in improving a legal mechanism for the use of results of intellectualand creative activities are laid in adopted in 2003 by the Civil Code of Ukraine, which notonly greatly expanded the scope of intellectual property rights, but also significantly enrichedits substance. In the Civil Code of Ukraine relations in the field of intellectualproperty were first fixed in a separate structural part (book 4 «Intellectual PropertyRights»), which indicates their importance to private law.Further improvement of the normative array in the field of protection of the results ofcreative activity should provide for the specification of the provisions of the Civil Code ofUkraine at the level of laws and by-laws, aimed at the formation of reliable legal mechanismsfor the implementation and protection of intellectual property rights. However,only now changes have been made to special laws in the field of intellectual property. In2014, Ukraine signed an Association Agreement with the EU. It became necessary tobring the existing regulatory material not only to the Civil Code of Ukraine, but also tocomply with the approaches defined in the provisions of the Association Agreement,Chapter 9 of which contains the requirements and standards for the protection of intellectualproperty rights.The article examines the problems of updating and systematizing the legislation ofUkraine in the field of legal protection of the results of intellectual, creative activity,analyses the collisions and shortcomings of certain norms governing relations in the fieldof intellectual activity. The legal basis for the regulation of the protection of differenttypes of intellectual property objects is investigated, the ways of their improvement aredetailed, the steps taken in this direction in Ukraine are described. Within the frameworkof the research subject, the shortcomings of special legislation, as well as the normsof the Civil Code of Ukraine, contradictions between various legislative acts in the field ofintellectual property are noted and ways of their resolution are proposed.

INHERITANCE OF EXCLUSIVE RIGHTS

2021 ◽  
Author(s):  
Татьяна Алексеевна Безгодкова ◽  
Людмила Дмитриевна Туршук
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Russian Federation ◽  
Civil Code ◽  
Intellectual Activity ◽  
The Russian Federation

В статье рассматриваются особенности наследования исключительных прав. Обращается внимание на отсутствие унификации норм о наследовании прав на результаты интеллектуальной деятельности. Предлагается включить в часть третью ГК РФ отдельную главу, посвященную наследованию интеллектуальных прав. The article discusses the features of the inheritance of exclusive rights. Attention is drawn to the lack of unification of the rules on the inheritance of rights to the results of intellectual activity. It is proposed to include a separate chapter on the inheritance of intellectual property rights in Part three of the Civil Code of the Russian Federation.

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 The potential of intellectual property sphere of Ukraine: condition and directions of development

2019 ◽  
pp. 54-64
Author(s):  
Elena Semenenko
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Business Environment ◽  
Development Model ◽  
Innovative Development ◽  
Association Agreement ◽  
Property System ◽  
The Subject

The subject of the research. The level of the economy of any country depends on its scientific, technical, innovative potential. It determines the country's place in the global economy, the competitiveness of industries and enterprises. One of the important factors of innovative growth of the country's economy is the development of the field of intellectual property. The subject of the research is the analysis of the main indicators of the national intellectual property system of Ukraine and the study of the main trends of its development. The purpose of the article is to study the economic, market, legal aspects of the functioning of the field of intellectual property that form its potential, development and scientific substantiation of the directions of development of the national intellectual property system of Ukraine. The methodologyof the work. A systematic approach and methodologies of economic, statistical, economic and mathematical analysis are used to study the trends of the main factors influencing the potential and development of the intellectual property system of Ukraine. The results of the work. The article describes the dynamics of the main indicators of the functioning of the intellectual property sphere, the country's ratings in the international system for the protection of intellectual property rights. It has been determined that the effectiveness of such a system depends on many factors, the main of which are: compliance of the regulatory framework; development of the infrastructure of national and international systems of intellectual property legal protection; effectiveness of training and advanced training of specialists; level of financial support for its activities. The field of application of the results of the study of the main trends in the global, national innovation market and the national intellectual property system will allow for a more accurate adjustment of the direction and strategy of the development of the sphere and also identify the most problematic issues to bring the domestic legislation closer to the provisions of the association agreement with the European Union. Conclusiins. An effective structure for the protection of intellectual property rights is a solid foundation for the innovative development model of Ukraine, its modernization and global competitiveness. The study revealed, on the one hand, a significant growth potential in the field of intellectual property, on the other hand, an insufficient level of growth compared with the leading countries of the world. The key constraints for the development of innovation in Ukraine are the political and business environment, as well as the weak infrastructure of the market for innovation and creative work. The following are the next areas of development strategy for the field of intellectual property of Ukraine: the scientific and technological development of society; the implementation of European standards in the field of intellectual property with national legislation; elimination and systematization of existing contradictions. The results of the study indicate that the problem of using the potential of intellectual capital in the formation of an innovative development model has considerable scientific interest and requires further research.  

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 Convergence of Artificial Intelligence and Intellectual Property Rights

2021 ◽  
Vol 1 ◽  
pp. 4-8
Author(s):  
I.A. Zenin ◽  
Keyword(s):  
Artificial Intelligence ◽  
Intellectual Property Rights ◽  
Patent Protection ◽  
Legal Protection ◽  
Human Mind ◽  
Legal Analysis ◽  
Creative Activity ◽  
Scientific Evaluation ◽  
Intellectual Activity ◽  
Legal Structures

The purpose is to identify and evaluate the doctrinal definitions of the concept and recommendations on ensuring the protection of the results created by AI as products of the functioning of its technologies using the norms of the current copyright, patent and other legislation. At the same time, the goal of scientific evaluation of the existing legal definitions of the concept of AI and its accompanying categories is pursued. The methodology includes methods of logical, historical, systematic and comparative legal analysis of legal definitions, methods of translation (implementation) of doctrinal categories in normative legal acts, interpretation of differences in copyright and patent protection of the results of human creative activity and the need to take them into account when deciding on the possibility of legal protection of products generated by artificial intelligence. Result. As part of the assessment of the existing doctrinal and legal definitions of the concept of AI, its technologies and the possibilities of protecting the protective results created in the course of their operation, conclusions are drawn in favor of legal structures. In the sense of the latter: artificial intelligence is recognized as a human-created “complex of technological solutions”; operations performed by this complex are not identified with human actions, but are recognized only as their similarity (“imitation»); the results of these operations are not equated with the creative achievements of the natural (human) mind, but are recognized as their visibility, which can only be compared (“compared”) with the products of the cognitive functions of the human brain as the results of its “intellectual activity”.

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

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