scholarly journals Regulatory and legal support of intellectual property protection in the defense sphere (in the development of armaments and military equipment; in the implementation of international military- technical cooperation)

2021 ◽  
pp. 49-67
Author(s):  
Oleksandr Zaikivskyi ◽  
Oleksandr Onistrat
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
National Security ◽  
Intellectual Property Rights ◽  
New Technologies ◽  
The State ◽  
Technical Cooperation ◽  
National Interests ◽  
Military Equipment ◽  
The Military

Keywords: defence capability, intellectual property, regulatory and legal support,armament and military equipment, military-technical cooperation The condition of regulatory and legal support of defencecapability of Ukraine and problems concerning protection of intellectual propertyand protection of state interests in this sphere are investigated. The importance ofprotection of intellectual property rights to ensure the enhancement of the state's defencecapabilities is noted.Ensuring Ukraine’s defence capability largely depends on equipping the ArmedForces of Ukraine with modern types and models of armaments and military equipmentdeveloped on the basis of the intellectual property rights.It is the military-technical sphere where the objects of intellectual property rightsbelonging to the sphere of national security and defence are created, and the state isobliged to ensure their protection. This will increase the competitiveness of the domesticdefence industry and make it impossible for anyone in the mass production ofarmaments and military equipment for their own needs and for exports, that directlyaffects defence capabilities.This requires proper protection of intellectual property rights both in the processof own production of weapons and military equipment, and in military-technical cooperation.The legislation of Ukraine on national security and defence determines the need touse scientific and technical achievements and the introduction of new technologies toincrease the state's defence capabilities. However, the issue of intellectual property,which is the basis of these achievements and technologies, is not raised. It is notedonly that the acquisition, security, protection of intellectual property rights to scientificand technical (applied) results are carried out in accordance with the law, and incase of infringement of intellectual property rights is protected in the manner prescribedby administrative, civil and criminal law.Thus, all issues related to the defence and protection of intellectual property rightsmust be resolved within the framework of special legislation on intellectual property.Recommendations for improving the regulatory and legal support of Ukraine's defencecapabilities with a purpose of solution of intellectual property issues in this areaand compliance with national interests and security of the state on intellectual propertyrights in the development of armaments and military equipment, as well as internationalmilitary-technical cooperation were submitted.

scholarly journals The role of intellectual property in security defense capacity of the state.

2021 ◽  
pp. 42-68
Author(s):  
Oleksandr Zaikivskyi ◽  
Oleksandr Onistrat
Keyword(s):  
Intellectual Property ◽  
National Security ◽  
Armed Forces ◽  
The State ◽  
Scientific Publications ◽  
Military Equipment ◽  
Military Security ◽  
The Military ◽  
State Modernization

Keywords: defense capability, intellectual property, regulatory support The conceptual issues of the legislation of Ukraine,which determine the state policy in the field of national security and defence, regardingthe settlement of issues related to ensuring the state defence capabilities are considered.The scientific publications on actual questions in this sphere concerningproblems and prospects of increase of defence capability of Ukraine are analysed.The role of intellectual property in all components of Ukraine's defence system hasbeen studied, and it has been noted that unresolved problems in the field of intellectualproperty management pose an increasing threat to Ukraine's national security.The importance of ensuring the protection of intellectual property in the process ofimplementing measures to improve the defence capabilities of the state and the needto improve legislation in this area is defined. Recommendations for improving the regulatory framework for national securityand defence in order to address the problematic issues of intellectual property in thisarea are submitted.State defence capability is the ability of state to defend itself in the event of armedaggression or armed conflict. It consists of material and immaterial elements and is aset of military, economic, social and moral and political potential in the field of defenceand appropriate conditions for its implementation.Resolving the issues of reforming not only the Armed Forces of Ukraine, but firstthe entire state, modernization and rearmament of the Ukrainian army has become avital necessity. Only the solution of this issue will allow to raise the defence capabilityof our state to the proper level for the preservation of independent Ukraine.Ensuring the military security of Ukraine largely depends on equipping the ArmedForces of Ukraine with modern types and models of weapons and military equipment,developed on the basis of intellectual property rights.It is the military-technical sphere where the objects of intellectual property rightsbelonging to the sphere of national security and defence are created, and the state isobliged to ensure their protection. This will increase the competitiveness of the domesticdefence industry and make claims impossible for anyone in the mass productionof weapons and military equipment for their own needs and for exports, which directlyaffects defence capabilities.And this requires proper protection of intellectual property rights both in theprocess of own production of weapons and military equipment, as well as in militarytechnicalcooperation.

scholarly journals STATE INTELLECTUAL PROPERTY MANAGEMENT IN THE SPHERE OF NATIONAL SECURITY AND DEFENCE

2020 ◽  
Author(s):  
Олександр Зайківський ◽  
Олександр Оністрат
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
National Security ◽  
Intellectual Property Rights ◽  
State Policy ◽  
The State ◽  
Intellectual Property Right ◽  
Property Management ◽  
Intellectual Property Management ◽  
Intellectual Potential

The state policy on the management of objects of intellectual property right in the sphere of national security and defense is considered.Under the current conditions, national security is unconceivable without solving the problematic issues of intellectual property management and creating the necessary preconditions for the development of intellectual potential and its use for national security.At present, the concept of national security is being expanded to include more and more spheres of public life. New security settings related to the scientific and technological revolution have started to play an important role.Nowadays, issues of the formation of an effective state policy for ensuring national security in all its spheres and manifestations are of great importance. An important component of the mechanism for the formation and implementation of state policy in the field of national security should be the provision of intellectual property management.However, national security legislation does not provide for the development of a strategy or other programmatic document on scientific and technical security, which would envisage measures to ensure the protection of the scientific and intellectual potential of the state, competitive technologies available in the country.The question at issue is the fact that the state has not yet developed a national strategy for the protection of intellectual property, which would provide the protection of interests and rights of all subjects of intellectual property rights, and especially the state. Although the attempts to develop such a strategy were carried out repeatedly. The state system of intellectual property protection and the effectiveness of providingnational interests with its structural elements, in particular in the field of national security and defense, are investigated. Current problems in this area are explored and suggestions are made to resolve them.There exists a necessity for creation of the central executive authority, the main task of which should be the formation and implementation of the state policy on the protection and management of intellectual property, as well as the state body, which, on behalf of the state and in its interests, will execute the ownership rights of the objects of intellectual property rights that are in state property.

scholarly journals Issues of the protection of intellectual property in process euro-atlantic integration

2021 ◽  
pp. 29-39
Author(s):  
Oleksandr Zaikivskyi ◽  
Oleksandr Onistrat
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
International Cooperation ◽  
Intellectual Property Rights ◽  
Technical Cooperation ◽  
National Interests ◽  
Intellectual Activity ◽  
Basic Principles ◽  
Bilateral Agreements ◽  
Improvement Of Legislation

Key words: Euro-Atlantic integration, intellectual property, objects of intellectualproperty rights, infringement of intellectual property rights, scientific and technical cooperation,military-technical cooperation Some issues concerning the protection of intellectualproperty in the process of Euro-Atlantic integration are considered, in particularthe peculiarities of the protection of intellectual property in the implementation of internationalcooperation of Ukraine and the protection of national interests in theprocess of this cooperation. The legislation of Ukraine regulating activities related tointernational scientific and technical and military-technical cooperation is analysed.The importance of intellectual property protection at all stages of international cooperationof Ukraine and the need to improve the legislation on the regulation of intellectualproperty protection in the process of this cooperation is determined. It is suggested totake a number of measures to address issues related to the protection of intellectualproperty in the process of international cooperation of Ukraine and the protection of nationalinterests regarding the use of intellectual property rights in the process of thiscooperation.The protection of intellectual property in international cooperation should be ensuredprimarily by bilateral agreements on this issue, which should be concluded at thebeginning of cooperation in any field, as well as agreements on the protection of classifiedinformation. These agreements should define the basic principles for concludingagreements (contracts) and be aimed at mutual protection of information, prevention ofinfringement of the rights for the results of intellectual activity when using them in thecourse of cooperation.To deal with this issue, it is necessary to systematically and comprehensively approachthe improvement of legislation on intellectual property in the defence sector, especially on the protection of national interests in the implementation of cooperation inthe process of Euro-Atlantic integration. It is necessary to clearly define in the legislationthe obligations of all subjects to ensure the protection of intellectual property at allstages of cooperation, as well as expanding the list of violations and responsibility fortheir implementation, especially for actions that threaten infringement of intellectualproperty rights measures to ensure the protection of intellectual property rights.

Significant choice-of-law interests and its impact on the formation of choice-of-law regulation in the field of intellectual property

2021 ◽  
pp. 186
Author(s):  
Svetlana I. Krupko
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
The State ◽  
Close Connection ◽  
Choice Of Law ◽  
Applicable Law ◽  
Advantages And Disadvantages ◽  
Special Rules

This article analyzes the choice-of-law interests of specific and potential participants in the relations of intellectual property rights and the state in order to establish the closest connection of the above type of relation with the state, whose law should be applied. Taking into account the directionality of significant choice-of-law interests, advantages and disadvantages of territorial and universal approaches, a theoretically based solution is proposed for the formation of a general choice-of-law rule on the law to be applied to the relation of intellectual property rights. It was revealed in the study that the diversity of the relations of intellectual property rights (their obligatory and non-obligatory, property and personal non-property nature, other differences in legal features) does not automatically generate a multidirectionality of significant choice-of-law interests that should be taken into account when establishing a close connection of the above type of the relation with the state for determination of applicable law, does not prevent the formation of a general choice-of-law rule for the relations of intellectual property rights in general and does not unequivocally testify in favor of the specialization of its binding. However, the diversity of the relations of intellectual property rights should be examined and evaluated for the feasibility and limits of exceptions from the general choice-of-law rule and the development of special rules for resolving certain private of the relations of intellectual property rights.

The state of intellectual property rights (IPRs) in Latin America and its implications for innovation and growth

2020 ◽  
Vol 19 (1) ◽  
pp. 23-42
Author(s):  
Goretti Cabaleiro ◽  
Felipe Salce
Keyword(s):  
Developing Countries ◽  
Latin America ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
The State ◽  
Ipr Protection

This article reviews the primary implications of having strong intellectual property rights (IPRs) for innovation in the context of the situation in Latin America. Specifically, the article reviews the relationships, as found in the literature, between strong IPR protection and important economic and innovation-related variables both for developed and developing countries. Beyond its focus on Latin America, the paper also provides evidence and explains the situation of the different IPR regimes; describes the existing regional and global legislation and initiatives; and looks into the debate regarding the effect of IPRs in developing countries.

scholarly journals Understanding Trade-Related Aspects of Intellectual Property Rights Agreement: From Hard and Soft Law Perspective

2017 ◽  
Vol 3 (3) ◽  
pp. 277
Author(s):  
Kholis Roisah
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Trips Agreement ◽  
The State ◽  
Soft Law ◽  
Full Compliance ◽  
Hard Law ◽  
General Obligation ◽  
Domestic Law

Trade-Related Aspects of Intellectual Property Rights (TRIPs) Agree-ment interesting to be understood in the perspective of hard law and soft law. TRIPs Agreement justified as hard or soft law by identifying the norms in the TRIPs agreement. Parameter obligation of TRIPs agreement visible implementation and enforcement of agreement norm with full compliance to fourth of the IPR Convention for the State parties is an indicator of unconditional obligation. Parameters precision TRIPS agreement showed formulation of general obligation setting up the implementation of treaty obligations is regulated in detail and the use of ”shall” term in any norm, describe the imperative norm character and shown indicator as substantial limited of interpretation with the parties might not interpreted. Parameter delegation looked explicitly provision of implementation and enforcement agreement that put an obligation on national authorities of state parties through domestic law and its courts. Parameter obligation, precision as well as delegation showed as high indicator that the TRIPs agreement characterized as hard law.

scholarly journals THE MODERN VISION OF THE SYSTEM OF INTELLECTUAL PROPERTY RIGHTS IN UKRAINE

2021 ◽  
Vol 75 (2) ◽  
pp. 52-59
Author(s):  
Victoria Shekhovtsova ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
The State ◽  
Point Of View ◽  
Property Right ◽  
Intellectual Property Right ◽  
Creative Activity ◽  
The Right ◽  
Intellectual Potential

The article is devoted to the research of the intellectual property rights system in Ukraine. Intellectual property is the result of the creative activity of any person or group of people. The author studied the categories «intellectual property» and «intellectual property right», investigated the principles of intellectual property and the system of intellectual property rights of Ukraine. In Roman law, there was the term «property», because the «property right» in its classical meaning was formed in Rome, and related to private relationships. Intellectual property is the property of a person that arose as a result of her creativity. However, for our Ukrainian legislation, the expression «intellectual property» is «terra incognita». Yes, intellectual property is studied by such branch legal sciences as: civil law, administrative law, international law, and others. Formed the State Service of Intellectual Property, but the organization of the state system of legal protection of intellectual property, in our difficult times, wants a better one. In the legal literature on intellectual property issues various definitions of «intellectual property right» are given. From a subjective point of view – this is a subjective right, and from an objective point of view – a civil law institute, a set of legal norms that regulate relations in the system of creation and protection of intellectual property. Man, his freedom and rights are the most important value of evolutionary development of society, which manifests itself in the growth of the intellectual potential of the population of each country. Only man possesses intelligence, creative potential and creative abilities. In addition to it, on earth, no living creature can create. Creative activity is the most important aspect of human life, which allows you to convey your talent to society. The consequence of this activity is something new, unique, unique and original. The accumulated products of the human mind are the heritage of the nation, which determine its further development.The Constitution of Ukraine guarantees to the citizens of the state freedom of scientific, artistic, literary and technical creativity, protection of intellectual property rights, moral and material interests arising in connection with various types of intellectual activity. Every citizen has the right to the results of his intellectual, creative activity; no one can use or distribute them without his consent, with the exception of the statutory provisions. The intellectual potential of the nation, in the form of improving education, production, culture, science and technology, needs constant support from our state. The Civil Code of Ukraine for the first time in our national legislation was given a formal definition of the right of intellectual property, as the rights of the individual to the result of intellectual, creative activity or other object of intellectual property rights.

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