scholarly journals The distribution of economic rights to intellectual property rights objects, created in higher education institutions of Ukraine on order

2021 ◽  
pp. 94-103
Author(s):  
Yuliia Osypova
Keyword(s):  
Higher Education ◽  
Law Enforcement ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Visual Art ◽  
Higher Education Institutions ◽  
Unified Approach ◽  
Economic Rights ◽  
The Creation

Keywords: the distribution of economic rights; economic intellectual property rights; intellectualproperty rights objects, created on order; higher education institutions; intellectualproperty rights of higher education institutions; intellectual property rights objects;agreements for the creation on order and the use of intellectual property rights objects The article investigates the procedure for the distribution of economic rights to IPR objects,created in higher education institutions of Ukraine on order. In the course of researchgeneral requirements of the current legislation of Ukraine concerning possiblevariants of distribution of economic rights to IPR objects, created on order, have been defined.Based on this analysis it has been found that the legislator departed from the previouslyexisting unified approach to the distribution of economic rights to IPR objects,created on order, therefore, there are currently several legally enshrined approaches tothe distribution of economic rights to such objects. At the same time, the choice of one oranother option will depend on the type of the IPR object, created on order (work or anotherIPR objects), and in some cases from the purpose of its creation (has been createdspecifically as a piece of software or not).In addition, the author discovered the existence of a legal conflict between the provisionsof Part. 4 Art. 440 and Art. 1112 of the Civil Code of Ukraine, Part 6 of Art. 33 ofthe Law of Ukraine «On Copyright and Related Rights» regarding the approach to thedistribution of economic rights, in particular, to works, created on order (except for worksof visual art). Also, it has been established that Art. 430 and Art. 1112 of the Civil Codeof Ukraine contain a different approach to determining the list of IPR objects, that can becreated on order.The article also disclosed the consequences of the existence of these inconsistencies forthe law enforcement practice, including for resolving the issue of choosing an appropriateform of agreement for the settlement of legal relations regarding the creation of IPR objects,other than a work, which are included in the concept of "an object, created on order"today. The fundamental importance of solving this issue for the educational sphere hasbeen revealed.Based on the results of the study, a general vision of possible options for the distributionof economic rights to IPR objects, created in higher education institutions of Ukraineon order, has been outlined. Also, suggestions to improve the legislation of Ukraine havebeen made.

scholarly journals Organizing the Management of Creation, Protection of Objects of Intellectual Property Rights and Technology Transfer in Scientific Institutions

2021 ◽  
Vol 8 (523) ◽  
pp. 40-47
Author(s):  
I. I. Khomenko ◽  
◽  
U. U. Krauchanka ◽  
Keyword(s):  
Higher Education ◽  
Technology Transfer ◽  
Intellectual Property ◽  
Property Rights ◽  
Research And Development ◽  
Intellectual Property Rights ◽  
Innovation Activity ◽  
High Tech ◽  
Scientific Institutions ◽  
The Creation

The successful implementation of the Strategy for the development of the sphere of innovation activity for the period up to 2030 involves taking into account the peculiarities of the organization of management of the creation, protection of intellectual property rights objects (IPRO) and technology transfer. Therefore, the article is aimed at studying these aspects in scientific institutions and developing effective proposals in this context. The article considers the importance of the role of objects of intellectual property rights in the activities of scientific institutions and the need for full functioning in these institutions of the units for technology transfer, innovation activity and intellectual property. The authors examine the problems that hinder the development of such units in scientific institutions and institutions of higher education. Based on the research of the experience of the aforementioned units in both domestic and foreign scientific institutions, it is recommended to introduce and develop in Ukraine mechanisms of the State support for innovation activities, technology transfer, commercialization of research results, intellectual property objects taking into account the experience of the EU Member States, technologically developed countries, directed towards developing innovations in business; combining business and scientific institutions, higher education institutions for research and development for transfer of technologies in the interests of enterprises; support of high-tech industries; development of innovative activities at the regional level. Important issues, in particular, are the development of model agreements for research and development with various options for the distribution of intellectual property rights between scientific organizations and national or foreign counterparties, which would take into account the international practice of concluding such agreements; development of provisions defining the peculiarities of creation and use of intellectual property objects by employees of the NAS of Ukraine who work in foreign projects and scientific institutions, as well as foreign specialists conducting research and development in institutions of the NAS of Ukraine. The nuances of management of the creation, protection of objects of intellectual property rights and technology transfer in scientific institutions related to the innovative attractiveness of enterprises are planned to be highlighted in further scientific research.

scholarly journals ECONOMIC AND LEGAL PROSPECTS OF ACTIVATION OF SCIENCE PARKS ACTIVITY JN THE WAY TO NEOECONOICS

2020 ◽  
Author(s):  
Олександр Бутнік-Сіверський
Keyword(s):  
Higher Education ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Higher Education Institutions ◽  
Research Institutions ◽  
Science Parks ◽  
Science Park ◽  
State Budget ◽  
Start Up

The author researches and substantiates by generalizing the scientific points of view improving the legal regulation of the created science parks on the initiative of higher education institutions and / or research institutions, taking into account the economic and legal prospect of intensifying their activities. National and foreign experience of scienceparks activity is considered. The content of using the founding agreement on creation of a science park and the agreement on partnership of business entities with a science park is provided. Problems that have not yet been resolved in the process of creating science parks and using innovative developments are noted. The classical content of entrepreneurship in innovation is provided and considered from thestandpoint of clarifying the content of the innovation structure, which is based on the commercialization of intellectual property rights by their types, which is a part of the intellectual capital cycle with a corresponding effective result. There is substantiated the procedure of formation of the statutory capital of the science park, to which higher educational institutions and / or scientific institutions cannot use intellectual property rights to the objects, created at the expense of budgetary funds, but can only under the conclusion of a license agreement with business entity,having non-state and state form of ownership as transferred assets, which does not require the alienation of the object of intellectual property rights as part of intangible assets. It is proposed to use the target budget funds as the initial start-up capital, which is provided on reverse terms to the state budget in case of closure (liquidation) of the science park by the decision of the founders or on the basis of a court decision. Alternatively, in the absence of target budget funds, it is proposed as a source of money to contribute to the statutory capital of the science park as a start-up capital to send part of the special fund of the state budget. It is justified the creation of a technology transfer office, which will be a structural unit of higher education institutions and / or research institutions, which will deal with the process of filing and reviewing a patent application and subsequent licensing. It is noted that the science park can be the founder (co-founder) of small innovative enterprises and enter into partnership agreements with them for the implementation of certain innovative projects.

scholarly journals COMPLIANCE WITH INTELLECTUAL PROPERTY RIGHTS IN HIGHER EDUCATION INSTITUTIONS OF UKRAINE AS AN IMPORTANT FACTOR OF ACADEMIC INTEGRITY

2021 ◽  
pp. 138-147
Author(s):  
M.V. SAVYTSKYI ◽  
H.P. YEVSIEIEVA ◽  
V.A. BABENKO
Keyword(s):  
Higher Education ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Academic Integrity ◽  
Higher Education Institutions ◽  
Educational Environment ◽  
Property Law ◽  
High Quality ◽  
Legal Norms

Problem statement. Ukraine's integration into the European educational, social and cultural space today, more than ever, depends not only on the modernization of higher education, the opening of new educational programs, the introduction of innovative teaching methods, but also on the compliance by Ukrainian higher education institutions of the principles of academic integrity, which are introduced by the leading universities of the world and should be a safeguard against many negative phenomena and motivational incentives for the progressive development of the scientific and educational environment of Ukraine. Scientific and educational institutions in modern conditions must make a significant contribution to scientific and social innovations in the country, actively promote its intellectual, innovative, investment image at the international level. The state must create the most favorable conditions and stimulate scientists to scientific creativity, to reveal their own intellectual potential, which will contribute to more effective development of the scientific sphere – the conditions of intellectual property rights as an important factor of academic integrity in Ukraine. The purpose of the article. The purpose of the study is to consider the compliance of the principles of academic integrity in the educational sphere, as a factor in the creation and lawful use of intellectual property rights, the formation of a mental culture of intellectual property in the educational environment of Ukraine. Conclusion. Without understanding of basic legal norms of intellectual property law, it is impossible to fully adhere to the principles of academic integrity. Therefore, compliance with intellectual property rights in higher education is an important factor in training professionals, their understanding of the value of their own achievements and benefits that can be obtained through innovation and the use of rights to their own work, such professionals will contribute to the development of a society, where due to high-quality protection of IP rights, a culture of academic integrity will be introduced. The category of academic integrity should be considered as the relationship of two important components that complement each other, namely: as a system of legal, moral and ethical principles and rules in higher education and educational services that ensure high quality educational and scientific results and as a system of knowledge on intellectual property law, forming a creative style of young people’s thinking, the ability to create and effectively solve complex interdisciplinary problems, without violating the moral and legal norms of intellectual property.

scholarly journals HAK CIPTA SEBAGAI SUATU OBJEK JAMINAN FIDUSIA

2018 ◽  
Vol 2 (2) ◽  
Author(s):  
Luh Inggita Dharmapatni
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Economic Value ◽  
Economic Rights ◽  
Exclusive Right

Copyright is the exclusive right of the creator that arise automatically based on the principle of declarative after an invention is embodied in a tangible form without prejudice to the restrictions in accordance with the provisions of the legislation. Copyright can be used as the object of fiduciary cause it has an economic value. Creditors are willing to give the debt to the debtor, if debtor can provide wealth to ensure smooth payment of debts. The object of fiduciary is not controlled by the creditor, but remains dominated by the debtor. There is no physical delivery of goods, only the economic rights of copyright can be transferred. Copyright may be encumbered by fiduciary guarantee provided that the encumbrance be put not over the copyrighted work, but on its economic value. In order to be secured under fiduciary claim, copyright must be registered with the Cirectorate General of Intellectual Property Rights

scholarly journals THE RIGHT OF AUTHORSHIP ON A WORK

2014 ◽  
Vol 8 (1) ◽  
pp. 155-160
Author(s):  
Ciprian Raul Romiţan
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Moral Rights ◽  
Economic Rights ◽  
Natural Connection ◽  
Artistic Work ◽  
The Law ◽  
The Right ◽  
The Relationship

The moral rights represent the legal expression of the relationship between the workand its creator; they precede, survive and exert a permanent influence on the economic rights.Moral rights are independent of economic rights, the author of a work preserving these rightseven after the transfer of its property rights.The right to claim recognition as the author of the work, called in the doctrine as the"right of paternity of the work" is enshrined in art. 10 lit. b) of the law and it is based on theneed to respect the natural connection between the author and his work. The right toauthorship is the most important prerogative that constitutes intellectual property rights ingeneral and consists of recognizing the true author of a scientific, literary or artistic work.

scholarly journals Peran Lembaga Manajemen Kolektif Sebagai Bentuk Perlindungan Hukum Pencipta Lagu Dan Pemilik Hak Terkait

2019 ◽  
Vol 22 (01) ◽  
pp. 37-54
Author(s):  
Elly Hernawati
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Copyright Protection ◽  
Copyright Holder ◽  
Business Climate ◽  
Management Agency ◽  
Collective Management ◽  
The Creation ◽  
The Right

Copyright is one of the Intellectual Property Rights components and should be paid attention to. Even more in technology era that developing, copyright protection needed to be enhanced, so that the right of creator, Copyright holder or owner of relevant rights can be protected and urge people to create. Indirectly, good and healthy business climate could be fostered.  Not all people have skill to create, that is why those people who have skill to create must be protected and even awarded, hoping that people urged to create. One of the creations that protected are song and music. In creating song or music, creator involve recording producer, music director or arranger. Regarding the creation, creator holds moral and economy rights, while parties involved hold the relevant rights to it. Collective Management Agency is an agency that help creator or relevant rights owner in managing and distributing the creation which is song or music that being commercialized. Yet the creator must be the member of the agency beforehand. Commercialization of a song or music by user can rise problem. Protection to the song or music is for the whole thing, including lyric, notation, arrangement and song title. The utilization of a song or music should be still protecting the parties that hold the copyright and the relevant right to it.

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