scholarly journals European’s Union Open Science Policy as a global benchmark for Ukraine: legal environment

2021 ◽  
pp. 158-172
Author(s):  
Olena Orliuk
Keyword(s):  
Intellectual Property ◽  
Science Policy ◽  
National Policy ◽  
Open Science ◽  
The State ◽  
Association Agreement ◽  
Market Strategy ◽  
Eu Policies ◽  
Fair Principles ◽  
The Eu

Keywords: Open Science, EOSC, intellectual property, scientific researches, COVID-19 pandemic, UA-EU Association, Digital Europe The article provides an analysis of the EU practices inthe field of development and implementation on the Open Science Policy, elaboration ofthe European Open Science Cloud (EOSC), employment of the FAIR principles and theirenhancement with CARE-principles. The European Commission activities are reviewedin the area of the Open Science roll-out as well as its ability to withstand the emergingglobal challenges like COVID-19. The EOSC concept is overviewed on the backdrop ofsuch EU policies as unified Digital Market Strategy and European Cloud Initiative, EuropeanResearch Environment, and Industrial Digitalization, as a part of those. EOSCconcept integration is considered through the development and interaction of Europeanand national research and e-infrastructures and data arrays, services and knowledgewithin the EU and globally.Steps are analyzed taken by Ukraine towards its integration to European researchenvironment and EOSC in the legal field, taking into account the State Authorities activityand implementation of the Ukraine-EU Association Agreement. It is highlighted thatthe innovations’ development of Ukraine is bound, both in timelines and meaningfully,with digital economics and the society development, intellectual property area, and should align the Ukrainian science initiatives with the European Cloud initiative as wellas further steps to joint the EOSC. It is consequently proven that consistent and meaningfulimplementation of the UA-EU Association commitments via the conceptual andstrategic regulations adopted by the state authorities is essential for Ukraine integrationto the EU’s Digital Market and Digital Environment so that to enhance its science potential.It is concluded that consistent efforts on implementing the goals and objectives asfor regulatory environment with their consequent enforcement creates the vital groundsfor successful enrollment of the national policy in this area.

scholarly journals Recent Evolution of Intellectual Property Enforcement in Georgia

2020 ◽  
Vol 10 (2) ◽  
pp. 42-56
Author(s):  
Tamar Taliashvili ◽  
Irakli Shamatava
Keyword(s):  
Intellectual Property ◽  
The Novel ◽  
New Wave ◽  
Association Agreement ◽  
Legal Nature ◽  
Harmonization Process ◽  
Enforcement Mechanisms ◽  
Exclusive Right ◽  
The Impact ◽  
The Eu

Abstract The article elaborates on the topic of the new wave of evolution of the protection of intellectual property in Georgia inspired by signing the Eu–Georgia Association Agreement, (AA—the Association Agreement between Georgia and the Eu and the nuclear Energy Association of Europe and its Member States). The harmonization process is an impressive field of law on its own. The article deals only with particular issues, such as the role and critical characteristics of the harmonization of intellectual property protection and enforcement mechanisms in Georgia. In this context, the article examines the legal nature of the amendments to the Civil procedure Code of Georgia (GCpC), in particular, a new chapter of enforcement regulations, that has been introduced to the GCPC—‘Specificities in proceedings of the infringement of exclusive right of intellectual property’. The article is predicated upon the allegation that the new legal introductions are merely of a formal character, while the enforcement mechanisms and remedies, as a significant part of Georgian civil legislation, had already been in place and Georgia had ratified major international intellectual property agreements. The article deals with the legal problem of the application of the intellectual property enforcement amendments by the judiciary and measures the practical impact. The hypothesis of the analysis is to consider whether further developments are necessary to contribute to a consistent approach to the adjudication of intellectual property enforcement disputes in Georgian courts and to promote the efficient implementation of the novel intellectual property enforcement mechanisms into the Georgian legal system. The analysis of the characteristics of the impact of harmonization on intellectual property as of intangible rights proves to have wide-ranging benefits for the holders of intellectual property in Georgia or elsewhere in Europe.

scholarly journals NATIONAL STRATEGY OF INTELLECTUAL PROPERTY IN UKRAINE IN THE CONTEXT OF INTERNATIONA OBLIGATIONS

2020 ◽  
Author(s):  
Катерина Горбачова ◽  
Валентина Нежевело ◽  
Ірина Хайхан
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Regulation ◽  
Judicial Reform ◽  
National Strategy ◽  
Association Agreement ◽  
High Court ◽  
The Creation ◽  
The Eu

In times of a deep economic crisis, international support, including economic support, depends largely on fulfillment of the international obligations undertaken by Ukraine. Due to the complexity of the reforms implemented by Ukrainian society, political infighting, lack of politicalwill, unity and consistency in the implemented reforms, our country today recognizes the improper and untimely implementation of certain provisions of the Association Agreement with the EU. Intellectual activity permeates all spheres of society, its results, intellectual property rights are in constant development, changing, new objects appear, which presents new requirements for legal systems, on the legal regulation of the specified sphere, and arising out legal relationships. Today, implementation of the Association Agreement with the EU, one of the Chapters of which is the field of intellectual property, assumes of economic and political importance. However, even the judicial reform introduced and the creation of the High Court on Intellectual Property have not deliver their expected results. All because of inconsistency of actions of legislative and executive branches of power, lack of systematicity in reform, and its insufficient substantiation.That is why, today, there is a growing need for the adoption of the National Strategy for the Development of the Intellectual Property Sphere for the period 2020–2025, which should become a comprehensive reflection of the state policy in the field of intellectualproperty. As to its legal nature, the National Strategy for the Development of Intellectual Property is a set of measures aimed at: (creating) promoting and encouraging the creation of intellectual property rights; (use) the introduction of favorable conditions andmechanisms for the use of intellectual property rights in production and other economic sectors; establishment of effective public administration in the field of intellectual property; increase of efficiency of activity of state institutions of the intellectual property protection system, examination of applications and issuance of security documents; improvement of legislation on protection of intellectual property rights; improving the mechanisms of protection of intellectual property rights; formation of a high level of culture and education in the field of intellectual property in order to build a competitive national economy, based on knowledge and innovation and implemented by the Government of our country. The effectiveness of the Strategy depends on the successful implementation of judicial reform and the effective work of the High Court on Intellectual Property.

scholarly journals LEGAL PROTECTION OF GEOGRAPHICAL INDICATIONS: NOVELTIES UNDER THE LEGISLATION OF UKRAINE

2020 ◽  
Author(s):  
Анатолій Кодинець ◽  
Анастасія Сідоренко
Keyword(s):  
Intellectual Property ◽  
Legal Protection ◽  
Geographical Indications ◽  
Geographical Indication ◽  
The European Union ◽  
Industrial Property ◽  
Association Agreement ◽  
The Law ◽  
Indication Of Origin ◽  
The Eu

The article deals with the features of legal protection of geographical indications in Ukraine. The basic international acts protecting geographical indications in Ukraine are outlined, including the Paris Convention for the Protection of Industrial Property of 1883, the Agreement on Trade-Related Aspects of Intellectual Property Rights in 1994. (TRIPS Agreement), which operates within the framework of the World Trade Organization and extends to goods originating in the Parties to the Agreement, Madrid Agreement 1891. and the Lisbon Agreement on the Protection of Designations of Origin and their  International Registration in 1958, (Ukraine is not a party to the last two agreements). It also outlines the main national legal acts that protect this object of intellectual property, including the Civil Code of Ukraine, the Law of Ukraine «On the Legal Protection of GeographicalIndications», the Law of Ukraine «On Protection against Unfair Competition» and others. The purpose of the study is to analyze changes in the legislation on the legal protection of geographical indications, which came into force on January 1, 2020 andbecame one of the ways to adapt the acts of national legislation to the law of the European Union in accordance with the commitments made by Ukraine after signing theAssociation Agreement with EU. These include changing the name of a special law that protects geographical indications. In addition, the change in terminology, the replacement of the term «indication of origin of goods» and its components by the term «geographical indication». The new also provides legal protection with homonymousgeographical indications; submitting an application for a geographical indication in electronic form, and at the same time providing a product specification and a description of its basic provisions. The article also addresses issues that remain unresolved, a large number of European geographical indications protected under the EU Association  Agreement and a very small number of registered geographical indications originating from the territory of Ukraine and the prospects of protecting national geographical indications in Ukraine and beyond.

scholarly journals Tendencies in the transformation of the legal foundations of European integration of Ukraine at the present stage

2020 ◽  
pp. 66-70
Author(s):  
Oleksandr Perederii
Keyword(s):  
European Integration ◽  
Social Relations ◽  
Legal Protection ◽  
Legal Regulation ◽  
The State ◽  
Social Regulation ◽  
The European Union ◽  
Present Stage ◽  
Association Agreement ◽  
The Eu

The article presents and reveals the main tendencies of transformation of the legislative foundations of European integration of Ukraine at the present stage of state formation. While analyzing the problems of implementation of the Association Agreement between Ukraine and the European Union, the author highlights and reveals the content of three main tendencies that are characteristic for the development of the legislative basis of the European integration policy. In particular, the expanding of the current Constitution of Ukraine with the rules on the irreversibility of the European integration course, updating of normative documents regulating the planned character and gradual implementation of the provisions of the Association Agreement, amending the current version of the Association Agreement in order to update its provisions.  The attention is drawn to the fact that the modification of the legislative foundations of Ukraine's European integration course is an important political and legal factor for the transformation of not only the system of the legal system of the state in the formal sense, but also of the legal consciousness of the broad masses of the population. This is explained by the phenomenon of the action of so-called «future law». In practical terms, such a phenomenon manifests itself in the fact that in the society on the mental level there is an increasing level of expectations from the state to activate pro-European policy, further reforming of the national law in the direction of implementation of European models of social regulation. Accordingly, there is an impact on the minds of people by "future norms of law", which are designed to regulate social relations, which are just beginning to emerge.           Further priorities of expanding the legislative foundations of Ukraine's European integration are outlined. In particular, it is the optimization of the mechanism of substantial realization of European integration transformations in the practice of national state administration, as well as the preparation of legislative support to overcome the global political risks and economic threats that may occur in connection with the implementation of the Association Agreement. First of all, Ukraine should develop and accumulate the practice of applying the legislation in the sphere of increasing the investment attractiveness of Ukraine, guaranteeing the legal protection of foreign investments, adjusting the national manufacturing sector of Ukraine to the EU requirements, harmonizing the national model of legal regulation of the labor market with the EU, enhancing the institutional focus of the Ukrainian authorities to implement the EU Directives.

scholarly journals Ensuring the Economic Security of Ukraine in the Aspect of the Association Agreement Between the EU

2021 ◽  
Vol 10 (2) ◽  
pp. 171
Author(s):  
Leonid Mohilevskyi ◽  
Viktoryia Fursa ◽  
Iryna Sievidova ◽  
Mykola Komziuk ◽  
Olga Khloponina-Gnatenko ◽  
...  
Keyword(s):  
National Economy ◽  
Rapid Change ◽  
Economic Security ◽  
The State ◽  
Operating Conditions ◽  
Economic Market ◽  
Association Agreement ◽  
Definition Of ◽  
Security Indicators ◽  
The Eu

The study characterizes economic security as a set of conditions that are necessary to ensure the normal economic development of the country and restore the gap in development in comparison with European countries during Ukraine's integration into the EU. It is shown that ensuring economic security is an important function of the state. The problem of economic security arises not only from the definition of the internal policy of the state, but also determines the issues of foreign strategy. The necessity of calculating the main safety criteria has been proved, allowing to anticipate possible dangers, determine potential current and future damage and take preventive measures. Stability and development require a dynamic approach to solving the problem of economic security. This is mainly due to the rapid change in indicators of economic security and indicators with a change in the operating conditions of international, political, economic, market and other systems. The urgency of solving the problems of economic security is based on the need to get rid of the dependence of the national economy on the level of competition in world markets. This is due to the emergence of serious economic risks arising when the actual values ​​of economic security indicators go beyond the threshold levels. The current level of economic security has been investigated by calculating indicators that characterize all sectors of the national economy. The most problematic areas requiring immediate response have been identified. The presented methodology for calculating the integral indicator of the economic security of Ukraine quite accurately describes the current state of the national economy and can be practically applicable to domestic and foreign government bodies in the analysis of critical vulnerabilities of national economic security.

scholarly journals Motivating participation in open science by examining researcher incentives

eLife ◽  
2017 ◽  
Vol 6 ◽  
Author(s):  
Sarah E Ali-Khan ◽  
Liam W Harris ◽  
E Richard Gold
Keyword(s):  
Content Analysis ◽  
Intellectual Property ◽  
Qualitative Study ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Science Policy ◽  
Open Science ◽  
Montreal Neurological Institute ◽  
Thematic Content Analysis

Support for open science is growing, but motivating researchers to participate in open science can be challenging. This in-depth qualitative study draws on interviews with researchers and staff at the Montreal Neurological Institute and Hospital during the development of its open science policy. Using thematic content analysis, we explore attitudes toward open science, the motivations and disincentives to participate, the role of patients, and attitudes to the eschewal of intellectual property rights. To be successful, an open science policy must clearly lay out expectations, boundaries and mechanisms by which researchers can engage, and must be shaped to explicitly support their values and those of key partners, including patients, research participants and industry collaborators.

scholarly journals Foreign Trade Relations of Ukraine with the EU Countries: State, Trends and Development Priorities

2021 ◽  
pp. 81-91
Author(s):  
I. Mytsenko ◽  
◽  
M. Sukhomlyn ◽  
O. Yurchenko ◽  
◽  
...  
Keyword(s):  
European Union ◽  
Foreign Trade ◽  
The State ◽  
Polymer Materials ◽  
The European Union ◽  
Barriers To Entry ◽  
Association Agreement ◽  
Eu Countries ◽  
Trade Relations ◽  
The Eu

In modern conditions, the involvement degree of any country in the international economic relations is determined to a significant extent by the state of its foreign trade activities. For Ukraine, the European Union is a key trading partner. The signing of the Association Agreement with the EU provided Ukrainian producers with the opportunity to increase their presence in European markets, but at the same time it was accompanied by a number of problems and risks. The main ones are tariff quotas and high technical barriers to entry into the EU market. This study aims to analyze the state and development trends of foreign trade relations between Ukraine and the EU under the conditions of the Association Agreement and the resulting benefits and risks for domestic producers and, on this basis, substantiate the priorities of deepening these relations, taking into account national interests as a prerequisite for increasing the competitive economy of Ukraine. It was found that Ukraine has the potential to enhance export opportunities in general and with the European Union in particular. Amendments to the Association Agreement, the signing of the ACAA Agreement is a necessary institutional framework, a driver that will allow Ukraine to intensify, deepen and diversify its trade activities with the EU countries. It was revealed that raw materials prevail in the structure of Ukraine's merchandise exports to the EU, however, compared to 2013, its share has significantly decreased - by 14.3%. The structure of Ukraine's merchandise imports from the EU is more diversified, it is based on engineering and pharmaceutical products, as well as mineral products, polymer materials and plastics. The share of these products in the total volume of Ukraine's merchandise imports during 2013-2020 remains high and ranges from 54-56 %. Such trends testify to the import dependence of the Ukrainian economy and require an urgent solution. Based on the results of the analysis, it was determined that machinery-producing industries are promising from the point of view of further increasing the export opportunities of Ukraine to the EU. To support and develop them, it is proposed to carry out systematic and systematic measures, taking into account the obligations that Ukraine assumed by signing the Association Agreement with the EU. Special economic zones, science parks, technology parks and clusters are considered as tools to support the export potential of domestic engineering and the economic potential of the national economy. The effectiveness of these structures has been confirmed by numerous studies and successful international experience.

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