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 PARTICULARITIES OF INTELLECTUAL PROPERTY DEVELOPMENT IN GEORGIA

2012 ◽  
Vol 1 (4) ◽  
pp. 311
Author(s):  
Maka Salkhinashvili ◽  
Giuli Giguashvili
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Historical Context ◽  
Patent Law ◽  
World Intellectual Property Organization ◽  
Property Development ◽  
Industrial Property ◽  
General Terms ◽  
The World ◽  
The Law

The article examines the nature and significance of intellectual property in Georgia. The issue is highly interesting both from theoretical and practical viewpoints. The Law on patents was adopted in Georgia in 1999 and has undergone many changes since then. The Law was significantly improved as a result of 2010 amendments. In general terms, the intellectual property is a field of law, which governs and defines the property rights and personal non–property rights in the field of creative activity. To explore these issues, the article makes reference to a number of earlier assumptions, historical context and past approaches. Some authors use the term ‘patent pyramid,’ comparing it to a casino, where three persons are engaged in a state or sometimes inter–state innovative game. The article looks at the issue in the context of Georgia. Georgia declared independence in 1991, which also marked the beginning of new era in the field of inventions. Georgia’s National Centre of Intellectual Property – Georgian Patent – was established in 1992. Georgia is a member of The World Trade Organization (WTO) established in 1993. Hence the UN–approved requirements of the World Intellectual Property Organization (WIPO) related to the intellectual property are binding upon Georgia, as are the requirements pertaining to the industrial property. We conclude that Georgia’s Patent Law needs further improvements, as the improved law is likely to contribute to the intellectual property in Georgia and lead to significant reduction in a number of disputes in the given field.

scholarly journals LEGAL ENTITIES AND INDIVIDUALS AS PARTICIPANTS IN LEGAL RELATIONS FOR THE CREATION AND USE OF THE OFFICIAL RESULT OF INTELLECTUAL ACTIVITY

2021 ◽  
Vol 6 (6(56)) ◽  
pp. 47-51
Author(s):  
O.V. Nikulina
Keyword(s):  
Intellectual Property ◽  
Russian Federation ◽  
Civil Law ◽  
Scientific Research ◽  
Labor Law ◽  
Intellectual Activity ◽  
Technical Potential ◽  
The Russian Federation ◽  
The Creation ◽  
Legal Entities

The purpose of this study is to substantiate the need to revise the current legislation in terms of determining the circle of participants in legal relations for the creation and use of official results of intellectual activity. Through scientific research, the creation of inventions, selection achievements and other results of intellectual activity, including official ones, the scientific and technical potential of scientists in the Russian Federation is realized. However, disputes often arise between legal entities (employers) and the creators of the result of intellectual property (employees) on the creation and use of such a result. The author examines the circle of participants in legal relations associated with the creation of a service result of intellectual activity and with its subsequent use. The characteristics of the subjects of the studied relations are given, the problem of defining the work of co-authors as joint is revealed. The conclusion is made about the need to transfer the priority in determining the subjects of legal relations to create an official creative result from the terminology used in labor law to civil law terminology. Provisions are proposed for amending modern legislation, namely: replacing the term «employee» with «author» in the norms on service RIA, and the term «employer» with «employer».

scholarly journals PATENTING OF SECRET INVENTIONS AND UTILITY MODELS AS A TOOL TO PROTECT THE NATIONAL INTERESSTS OF UKRAINE

2020 ◽  
Author(s):  
Михайло Вербенський ◽  
Світлана Филь
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Criminal Liability ◽  
Legal Protection ◽  
Industrial Property ◽  
Patent Owner ◽  
Technical Developments ◽  
Utility Models ◽  
Technical Solutions ◽  
State Secrets

The article examines the issues of legal protection of secret inventions and utility models in the context of protection of national interests of Ukraine. The national procedure for acquiring property rights to inventions and utility models established by the norms of the current national legislation is analyzed. Comparing the mechanism of legal protection of intellectual property rights to open and secret technical developments, the peculiarities of acquiring rights to secret inventions (utility models) and the use of rights to such industrial property are highlighted.Examining the procedure for acquiring property rights to secret technical solutions and their implementation, it was found that the patent as a tool for legal protection of technical developments containing information classified as state secrets, has its own legal regime that combines current legislation in the field of state secrets and intellectual property. It is emphasized that a patent for secret objects of industrial property is issued for a period, as well as for open 20 years for the invention and 10 years for the rat model, but their validity depends on the period of secrecy of these developments. The use of rights arising from a secret patent also has its limitations, in particular: the patent owner may not authorize other persons to exercise the rights to such secret inventionsand utility models without the permission of a state secret expert. It is noted that the state monetary compensation to the owner of patented secret technical solutions for the payment of fees for filing an application and maintaining the validity of a secret patent generally does not compensate the owner of classified developments for all costs and restrictions associated with the possible use of such patents. Considering the content of criminal liability for illegal use of rights to patented secret developments, it was found that such an offense gives rise to a set of crimes.

Comparative characteristics of trade secret in the legislation of foreign countries and in international law

2020 ◽  
Vol 4 (4) ◽  
pp. 135-149
Author(s):  
Vira Aliyeva-Baranovska ◽  
Olha Sirenko
Keyword(s):  
Positive Impact ◽  
Legal Protection ◽  
Trade Secret ◽  
Patent Law ◽  
World Intellectual Property Organization ◽  
International Treaties ◽  
Business Climate ◽  
Trade Secrets ◽  
Industrial Property ◽  
Foreign Countries

The purpose of the article is to investigate the place of trade secrets in regulations, international treaties, foreign legislation, and key means of protecting trade secrets in accordance with these regulations. A comparative analysis of current norms and provisions of the system of legislation of foreign countries in terms of protection of trade secrets. An analysis is performed of international treaties and the legal framework of foreign countries, namely, the Paris Convention for the Protection of Industrial Property, the Stockholm Convention establishing the World Intellectual Property Organization of 1967 in terms of protection of trade secrets in order to improve national legislation in this area. It has been emphasized that the definition of trade secrets is similar in the Civil Code of Ukraine and in the TRIPS Agreement, which enshrines three criteria of trade secrets: secrecy, commercial value and taking adequate measures to ensure secrecy. It is noted that legal protection provides for and requires the owner of the commercial secrecy to take appropriate measures to ensure the protection of relevant information from unfair commercial use. Sometimes the misappropriation of a trade secret is the result of industrial espionage, when a person provides classified information to a competitor for monetary or other remuneration. The main provisions of the North American Free Trade Agreement (NAFTA) on trade secrets are analyzed in comparison with the EU legal system, according to which patent law provides additional incentives for the application of the commercial secrecy regime to protect confidential information. Four approaches to understanding this legal regime in the doctrine of Anglo-Saxon legal systems are analyzed: the theory of contractual obligation, the theory of fiduciary (trust) relations, the theory of misappropriation and the theory of unfair competition. It is concluded that the applied criteria for classifying information as a trade secret are similar, in relation to actions that are not appropriation of a trade secret, in particular, in relation to the ‘legalization’ of reverse development, which is relevant for the information technology industry. Ukraine has the prospect of including in its legislation an important legal act – the Law of Ukraine on Trade Secrets, which will have a positive impact on the business climate, promote investment attractiveness, and meet the needs of businesses and the state.

Asian Borderlands and the Legal Protection of Traditional Knowledge and Traditional Cultural Expressions

2013 ◽  
Vol 47 (4) ◽  
pp. 1403-1433 ◽  
Author(s):  
CHRISTOPH ANTONS
Keyword(s):  
Intellectual Property ◽  
United Nations ◽  
Traditional Knowledge ◽  
Biological Diversity ◽  
Legal Protection ◽  
Indigenous Communities ◽  
Cultural Property ◽  
World Intellectual Property Organization ◽  
Convention On Biological Diversity ◽  
Nuanced Understanding

AbstractTraditional knowledge related to biodiversity, agriculture, medicine and artistic expressions has recently attracted much interest amongst policy makers, legal academics and social scientists. Several United Nations organizations, such as the World Intellectual Property Organization (WIPO) and the Convention on Biological Diversity under the United Nations Environmental Programme (UNEP), have been working on international models for the protection of such knowledge held by local and indigenous communities. Relevant national, regional or provincial level legislation comes in the form of intellectual property laws and laws related to health, heritage or environmental protection. In practice, however, it has proven difficult to agree on definitions of the subject matter, to delineate local communities and territories holding the knowledge, and to clearly identify the subjects and beneficiaries of the protection. In fact, claims to ‘cultural property’ and heritage have led to conflicts and tensions between communities, regions and nations. This paper will use Southeast Asian examples and case studies to show the importance of concepts such as Zomia, ‘regions of refuge’ and mandala as well as ‘borderlands’ studies to avoid essentialized notions of communities and cultures in order to develop a nuanced understanding of the difficulties for national and international lawmaking in this field. It will also develop a few suggestions on how conflicts and tensions could be avoided or ameliorated.

scholarly journals Normative-legal regulation in the sphere of intellectual property and its relationship with the plans of scientific and technological development of the country

2018 ◽  
Vol 4 (3) ◽  
pp. 210-226
Author(s):  
D. P. Fedulkin ◽  
V. G. Zinov
Keyword(s):  
Intellectual Property ◽  
Business Strategy ◽  
Technological Development ◽  
Legal Protection ◽  
Legal Regulation ◽  
Intellectual Activity ◽  
Policy Measures ◽  
Industrial Use ◽  
Methodological Approaches ◽  
Scientific And Technological Development

The article presents an overview of public policy measures in the field of identification, consolidation and inventory of rights to the results of intellectual activity with a high potential of industrial use. Proposals for the development of mechanisms of legal protection of individual intellectual property objects are substantiated. The instructive and methodical regulation of works on registration of results of scientific and technical activity under the state contracts is analyzed. Attention is paid to the complexity of the procedure of passing and agreeing the final results of their implementation. Methodological approaches to the improvement of identification and inventory of protectable results of intellectual activity obtained in the course of execution of state contracts as part of the organization’s activities in the field of innovation and technological development in order to implement the business strategy in the domestic and global markets 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.

Legal Protection of the Web Page as a Database

2009 ◽  
pp. 2616-2631
Author(s):  
Davide Mula ◽  
Mirko Luca Lobina
Keyword(s):  
Intellectual Property ◽  
Legal Protection ◽  
World Intellectual Property Organization ◽  
Web Pages ◽  
Future Trends ◽  
Web Page ◽  
European Directive ◽  
The World ◽  
The Web

Nowadays the Web page is one of the most common medium used by people, institutions, and companies to promote themselves, to share knowledge, and to get through to every body in every part of the world. In spite of that, the Web page does not entitle one to a specific legal protection and because of this, every investment of time and money that stays off-stage is not protected by an unlawfully used. Seeing that no country in the world has a specific legislation on this issue in this chapter, we develop a theory that wants to give legal protection to Web pages using laws and treatment that are just present. In particular, we have developed a theory that considers Web pages as a database, so extends a database’s legal protection to Web pages. We start to analyze each component of a database and to find them in a Web page so that we can compare those juridical goods. After that, we analyze present legislation concerning databases and in particular, World Intellectual Property Organization Copyright Treatments and European Directive 96/92/CE, which we consider as the better legislation in this field. In the end, we line future trends that seem to appreciate and apply our theory.

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