scholarly journals ESTABLISHMENT OF MATERIAL DAMAGE DUE TO ILLEGAL USE OF INVENTIONS, USEFUL MODELS

2021 ◽  
Keyword(s):  
Legal Person ◽  
Material Damage ◽  
Industrial Property ◽  
Legal Documents ◽  
Patented Invention ◽  
Patent Rights ◽  
Utility Models ◽  
Monopoly Position ◽  
Expert Study ◽  
State Body

The article analyzes scientific research and summarizes it, published in periodic and scientific domestic and foreign publications, legal documents that are important for determining the material damage caused to the owner as a result of illegal use of industrial property: inventions, utility models. The article formulates the concept of a patent, which is understood as a legal, technical document issued by an authorized state body, and with the help of which the state certifies the owner’s right to the object of invention or utility model created by him/her. Any actions aimed at unauthorized introduction into economic circulation of protected industrial property are considered a violation of patent rights. A patent infringer can be a natural or legal person who uses the invention in violation of the law. The object of violation may not be a specific thing, but a right of indefinite value. The damage occurs as a result of the violation of the monopoly position of the owner of the invention. To calculate the income from the use of a patented invention, it is necessary to analyze the prices of competitors for similar goods in which the invention is not used. This significantly complicates the calculation and proof; however, it is wrong to assume that all income from the sale of products is income from the use of a patented invention. Methods for establishing material harm are proposed. The drawbacks that exist when conducting an expert study of intellectual property objects are identified, and ways to eliminate it are proposed.

scholarly journals Legal Protection of Innovations in the Regime of Commercial Secrets, Industrial Property: Comparative Analysis

2020 ◽  
Vol 89 (2) ◽  
pp. 189-197
Author(s):  
L. D. Rudenko
Keyword(s):  
Property Rights ◽  
Legal Protection ◽  
Trade Secret ◽  
Legal Analysis ◽  
Trade Secrets ◽  
Legal Regime ◽  
Industrial Property ◽  
Fair Competition ◽  
Stage Of Development ◽  
Utility Models

The author of the article presents a comparative legal analysis of trade secret and industrial property regimes. Based on the analysis, the following distinctive features of legal regimes of trade secrets and industrial property are identified. The legal regime of industrial property provides strict criteria for the qualification of certain innovations as inventions, utility models, industrial designs. On the contrary, any commercially valuable innovations can be protected in the mode of trade secret. The legal regime of industrial property is a legal monopoly, as it provides the receipt of a security document (patent, declaratory patent). The trade secret regime is provided by a de facto monopoly, as it is ensured by the application of certain protective measures. The regime of industrial property rights presupposes the existence of both personal non-property and property exclusive rights. The trade secret regime provides only exclusive property rights. It has been identified that a common issue for both industrial property rights and trade secrets is the controversial application of "binding clauses" in licensing agreements, as they are contrary to the rules of fair competition. It is noted that the use of trade secrets to protect innovations is appropriate at the stage of development, mass production. When commercializing innovations, it is advisable to apply the regime of industrial property rights.

Far Eastern Commission

1950 ◽  
Vol 4 (4) ◽  
pp. 707-708
Keyword(s):  
Scientific Information ◽  
Trade Mark ◽  
Secretary General ◽  
Agricultural System ◽  
War Criminals ◽  
Patent Rights ◽  
Utility Models ◽  
System Restoration ◽  
Trade Names ◽  
Far Eastern

The Secretary-General of the Far Eastern Commission, Nelson T. Johnson, released his report on the activities of the organization from December 24, 1948, to June 30, 1950. The report was a summary of activities and a description of the nine policy decisions made during the period. Cessation of the trial of Japanese war criminals, reform of the Japanese agricultural system, restoration of patent rights to allied nationals (including rights previously held on utility models and designs), restoration of trade-mark rights together with regulations governing Japanese use of trade names and marking of merchandise and revisions of previous decisions governing restitution of looted property and access to technical and scientific information in Japan by Allied governments were the subjects covered by the decisions of the Commission.

scholarly journals Effect of the rights of intellectual property on the export revenuesFikri mülkiyet haklarının ihracat gelirleri üzerindeki etkisi

2016 ◽  
Vol 13 (1) ◽  
pp. 798
Author(s):  
Sedat Durmuşkaya ◽  
Ahmet Yağmur Ersoy
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Causal Relation ◽  
Trade Mark ◽  
Small Sample ◽  
Industrial Property ◽  
Data Set ◽  
Utility Models ◽  
To Come ◽  
The Relationship

Therise of export revenues in Turkey in the recent years, have been possible to come up with factors that effecting export at the same time and in a positive way. In addition to many studies that aimed which factors effect therise of export revenues and its direction, in this study, exportand the rights of intellectual property, in particular the causality relation of the rights of industrial property were investigated. Some of the industrial property rights of Industrial Design, Utility Model, Trade Mark and Patent aplicant numbers are used as a data set in the analysis in order to investigate this effect quantitatively. Toda-Yamamoto casuality process that particularly gives successful results in the small sample sets is used to reveal the existence of the relationship that mentioned. According to results by obtaining from analysis, while a causal relation was determined from industrial designs and aplicant number of utility models to export, bidirectional causality relation was identified between trademark applications and patent applications and export. This results reveal the importance of protection of intellectual property rights in a beterway to ensure more export growth. Özet Türkiye ihracat gelirlerinde son dönemlerde yaşanan artış, ihracata etki eden faktörlerin aynı anda ve olumlu bir şekilde bir araya gelmesi ile mümkün olmuştur. İhracat gelirlerinin artışına etki eden faktörlerin neler olduğuna ve ne yönde etkilediğine yönelik yapılan birçok çalışmaya ek olarak bu çalışmada, ihracat ve fikri mülkiyet hakları, özelde ise sınai mülkiyet hakların arasındaki nedensellik ilişkisi araştırılmıştır. Bu etkinin nicel olarak araştırılabilmesi için sınai mülkiyet haklarından olan Endüstriyel Tasarım, Faydalı Model, Marka ve Patent başvuru sayıları analizlerde veri seti olarak kullanılmıştır. Bahsedilen ilişkinin varlığını ortaya koyabilmek için özellikle küçük örneklem setlerinde başarılı sonuçlar veren Toda-Yamamoto nedensellik süreci kullanılmıştır. Yapılan analizlerden elde edilen sonuçlara göre, endüstriyel tasarım ve faydalı model başvuru sayılarından ihracat’a doğru bir nedensellik ilişkisi saptanırken, marka başvuruları ve patent başvuruları ile ihracat arasında çift yönlü nedensellik ilişkisi saptanmıştır. Bu sonuçlar daha çok ihracat artışı sağlamak için fikri mülkiyet haklarının daha iyi bir şekilde korunması gerektiğinin önemini ortaya koymaktadır.

scholarly journals OPTIMIZATION OF INTERDEPARTMENTAL INTERACTION BETWEEN FORENSIC EXPERT INSTITUTIONS OF THE MINISTRY OF JUSTICE OF UKRAINE AND THE MINISTRY OF HEALTH CARE OF UKRAINE WHILE CONDUCTING FORENSIC EXPERT ACTIVITY

2016 ◽  
Vol 15 ◽  
pp. 395-404
Author(s):  
A.I. Lozovoj ◽  
L. N. Derecha ◽  
V. V. Myasoedov ◽  
V. A. Olkhovskiу
Keyword(s):  
Health Care ◽  
Methodological Issues ◽  
Ministry Of Health ◽  
Legal Documents ◽  
Forensic Expert ◽  
Expert Study ◽  
Expert Practice ◽  
Organizational Problems

At present there is an urgent need for developing and improving normative and legal documents regulating the activity of forensic expert institutions of different departments while conducting comprehensive examinations. The needs of expert practice continuously require more thorough development for the order of conducting interdepartmental comprehensive examinations, specification and official explanation of issues connected with the ways of coordinating experts ’ activity, the order of their interaction at various stages of the expert study, forms of the expert panels’ operation, etc. The article considers peculiarities of the activity offorensic expert institutions’ within the Ministry of Justice and the Ministry of Health Care of Ukraine, methodological issues of conducting a comprehensive forensic medical, forensic criminalistic and forensic motortechnical (vehicular and traceological) examinations, the ways of optimizing the interdepartmental interaction while conducting forensic expert activity of these forensic expert institutions, legal and organizational problems of regulating their forensic expert activity. The article emphasizes the need to improve this activity by improving the legal support and efficiency of the existing system for the organization of forensic expert activity of forensic expert institutions within the the Ministry of Justice and the Ministry of Health Care of Ukraine.

Development of the intellectual property service in Ukraine on the example of the Institute of oilseed crops of the NAAS

2021 ◽  
pp. 137-145
Keyword(s):  
Intellectual Property ◽  
Scientific Research ◽  
Legal Protection ◽  
Patent Law ◽  
World Intellectual Property Organization ◽  
Industrial Property ◽  
Intellectual Activity ◽  
Oilseed Crops ◽  
Utility Models ◽  
The Creation

The history of development of industrial property of Ukraine, objects of intellectual property and relations which arise at their creation and use are considered. The main results of scientific research on the creation of intellectual property of the Institute of Oilseed Crops of the National Academy of Agrarian Sciences of Ukraine (hereinafter IOC NAAS) are highlighted and analyzed. The research was conducted as part of the ongoing monitoring of intellectual property legislation on the legal protection of research results of the IOC NAAS and as part of marketing and patent research to position the institution as an originator of oilseeds. The purpose of the research is to investigate changes in the legislation on industrial property of Ukraine, intellectual property objects and relations that arise during their creation and use, to analyze the main results of scientific research on the creation of intellectual property objects of IOC NAAS (2001–2020). In the process of research, for a detailed study of the stages of the formation of patent legislation, legislative and regulatory acts of Ukraine were used concerning the regulation of intellectual activity and intellectual property, materials from professional periodicals, articles and abstracts published in scientific collections and materials of scientific and practical conferences, Internet resources, monographs and printed works of scientists, manuals, patents and inventions for useful models of the IOC NAAS. Research methods – quantitative, qualitative and comparative analysis. Methodology – according to the algorithm of constant monitoring and conducting patent and marketing research. The term "intellectual property" was first used in the Convention Establishing the World Intellectual Property Organization (WIPO), adopted in Stockholm on July 14, 1967, and since then the term has been used in international conventions and legislation in many countries. The day of the adoption of the Law of Ukraine «On Property» in 1991 is considered to be the beginning of the formation of the legislation of Ukraine on intellectual property. This law for the first time recognized the results of intellectual activity as objects of property rights. At present, ensuring the implementation of state policy in the field of protection of rights to inventions and utility models in Ukraine is provided by the Ukrainian Institute of Intellectual Property (Ukrpatent) and belongs to the Ministry of Economic Development of Ukraine. IOC NAAS – a leading scientific institution in genetics, biotechnology, breeding and cultivation of basic and niche oilseeds, which focuses on the development of theoretical foundations of breeding, creation of modern breeding material, development of optimal agricultural techniques for its cultivation, organization of primary and industrial seed production, for the development and improvement of technical means and machines for separation, purification and waste-free processing of oilseeds. During the existence of the IOC NAAS, scientists have created 87 objects of patent law. The novelty and originality of scientific developments are confirmed by patents for inventions and utility models. At the time of writing, the Institute supports 23 patents.

scholarly journals Strategy of Interaction of the State and Small Business as a Factor of Innovative Development in the Republic Kazakhstan

2020 ◽  
Author(s):  
Lazzat Kairatovna Diusembaeva
Keyword(s):  
Small Business ◽  
The State ◽  
Innovation Activity ◽  
Innovative Development ◽  
Topical Issue ◽  
Industrial Property ◽  
Custom Made ◽  
Utility Models ◽  
Adaptive Environment ◽  
The Republic

The present article examines the strategy of interaction of the state and small business as a factor of innovative development – which is a very topical issue, since small innovative businesses are enterprises that are on the balance of industrial property applied objects (patents, utility models, industrial designs), as well as those that systematize and protect intellectual property from commercial secrets. At the same time, the innovation activity of small business, according to the authors, is not a custom-made industry, as a rule, this industry requires more development than funding. In this connection, for the formation of innovative forms and the implementation of their activities, commercialization, expansion of strategic management, and the accession of subjects of state innovation institutions, it is necessary to create an adaptive environment for the development of small business.

FORMATION OF PROFESSIONAL QUALIFICATION REQUIREMENTS FOR PERSONNEL IN THE PUBLIC ADMINISTRATION SYSTEM: THEORETICAL ANALYSIS

2018 ◽  
Vol 1 (13) ◽  
pp. 194-203
Author(s):  
Mikhail Vasylevich Slonovsky
Keyword(s):  
Public Administration ◽  
Public Servants ◽  
Professional Qualification ◽  
Administration System ◽  
The Public ◽  
Legal Documents ◽  
Public Servant ◽  
Strict Regulation ◽  
And Performance ◽  
State Body

The article analyzed the main approaches to the concept of “professional-qualification requirements for a public servant” by systematized approaches to professional qualification requirements. The proposed systematization of the specified requirements, in particular, the following blocks are allocated: requirements to the person; communication qualities; professional qualities; social qualities; ethical qualities. The analysis of literature on the issues gave grounds to determine that the professional qualification requirements of a public servant are a set of qualities, knowledge, skills, skills directly related to the process of performing a public service (performed in the performance of their official duties) and affect the effectiveness and performance of activity. The normative-legal documents on the issues of formation of professional qualification requirements for public servants are analyzed. It is emphasized that there are only typical requirements for civil servants of the categories “A”, “Б”, “B” and there are no such requirements for officials of local self-government. It is grounded that the main qualities for the category “B”, that is, the performers, are the understanding of the mission of the state body, where it operates, the ability to perform qualitatively the tasks assigned to it by the direct leader, to understand the importance of this work, the focus on the result, the ability to work with people, understanding the needs of the population in services, the ability to find contact with the population, etc. It is determined that one of the basic factors of development of personnel of the public administration system is the definition and strict regulation of the professional qualification requirements of specialists. Since such requirements outline the mechanisms of personnel development, focus on the formation of professionally significant qualities for a public servant, they provide an opportunity to see the “way” of forming a qualitative staff of public administration. It is noted that there are such approaches to distinguishing requirements for public administration personnel: firstly, a competent approach — when a set of competencies is determined, which should be characteristic of the employee in a certain position. Secondly, the set of qualities of the employee (listed qualities of the employee, which should be inherent in a specialist). Thirdly, the list of specialist’s powers in the system of public administration.

Intellectual property law: Industrial property

2019 ◽  
Author(s):  
Любовь Гончаренко ◽  
Lyubov' Goncharenko ◽  
Ольга Лосева ◽  
Ol'ga Loseva ◽  
Владимир Павлов ◽  
...  
Keyword(s):  
Higher Education ◽  
Intellectual Property ◽  
Integrated Circuits ◽  
Legal Regulation ◽  
Patent Law ◽  
Educational Process ◽  
Federal State ◽  
Industrial Property ◽  
Patent Rights ◽  
The Government

The textbook reveals the features of legal regulation of industrial property. The book deals with the General provisions of patent law, subjects and objects of patent rights, the concept and content of patent rights. Special attention is paid to non-traditional objects of intellectual property: selection achievements, secrets of production (know-how), topologies of integrated circuits, issues of legal regulation of trade names, trademarks, commercial designations and appellations of origin of goods are subject to consideration of their evaluation. For better assimilation of the material, each Chapter of the textbook ends with a workshop, which includes a thesaurus, control questions and tasks, practice-oriented and test tasks, a list of recommended sources. Meets the requirements of the Federal state educational standard of higher education of the last generation. The textbook is intended for use in the educational process in the direction of training 40.03.01 "Jurisprudence" (bachelor level) at the Financial University under the Government of the Russian Federation, as well as in legal educational institutions of higher education.

Limitations of the effects of a patent

2018 ◽  
Author(s):  
Jan Busche
Keyword(s):  
Member State ◽  
World Trade ◽  
World Trade Organisation ◽  
Industrial Property ◽  
International Union ◽  
Member States ◽  
Land Vehicles ◽  
Patented Invention ◽  
The World

The use of the patented invention in the construction or operation of aircraft or land vehicles or other means of transport of countries of the International Union for the Protection of Industrial Property (Paris Union) or members of the World Trade Organisation, other than those Contracting Member States in which that patent has effect, or of accessories to such aircraft or land vehicles, when these temporarily or accidentally enter the territory of a Contracting Member State in which that patent has effect;

scholarly journals Current requirements for self-rescuers – small filtering respiratory protection devices for the population in emergency situations

2021 ◽  
pp. 56-65
Author(s):  
V. V. Batyrev ◽  
V. I. Grachev
Keyword(s):  
Complex Nature ◽  
Respiratory Protection ◽  
Manufacturing Companies ◽  
Russian Science ◽  
Industrial Property ◽  
Emergency Situations ◽  
Federal Institute ◽  
Russian Science Citation Index ◽  
Utility Models ◽  
The Many

Relevance. Among the many problems to be solved for ensuring the safety of the population, safety in overcrowded facilities in emergency situations (ES) is of great importance; here, self-rescuers – portable personal respiratory protection equipment (RPE), can help.Intention: To analyze organizational problems associated with the use of civilian self-rescuers, including self-rescuers for children.Methodology. We studied arrays of domestic publications in the Russian Science Citation Index, patents for inventions and utility models of the Federal Institute of Industrial Property of Rospatent, catalogs of RPEs from manufacturing companies.Results and Discussion. Modern domestic filtering civilian self-rescuers, including self-rescuers for children are described. Analysis of the protective properties of domestic self-rescuers shows that they can differ significantly from each other, and sometimes have different purposes. It is necessary to develop and introduce cheaper small self-rescuers for easy use in emergencies. A number of general requirements can be imposed on self-rescuers for children: these should be relatively universal and provide protection from the main possible emergencies; ensure the greatest efficiency in protecting the respiratory system from toxic vapors / gases, highly dispersed and finely dispersed aerosols; be lightweight, small and easily accessible.Conclusion. A number of the problems considered in the article are of a complex nature, even in the sphere of responsibility of the EMERCOM of Russia; therefore, their solution is possible only with an appropriate attitude towards them.

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