scholarly journals The modern concept of judicial protection of intellectual property rights

2019 ◽  
pp. 31-35
Author(s):  
Yurii BEDRATYI

Introduction. The European integration vector of Ukraine's development has significantly increased the requirements for the quality of legal and regulatory support for the effective protection of human rights, which is one of the main conditions for integration into the European political, legal, economic and cultural space. The analysis of existing works shows that the attention of the scientific community to the judicial protection of intellectual property rights has intensified in connection with the creation of the Supreme Court of Intellectual Property in 2017. However, as of 2019, the court is still in the process of forming a judicial corps. In view of this, it seems appropriate to summarize existing developments in the relevant field. The purpose of the paper is to summarize the conceptual foundations of judicial protection of intellectual property rights. Results. The article presents the results of research into the modern concept of judicial protection of intellectual property rights. Emphasis is placed on the availability of research-related work performed in different jurisdictions. It is emphasized that the bulk of studies on intellectual property rights and certain aspects of their judicial protection are concentrated in the field of civil law, but equally important are studies of economic, criminal and administrative nature. It is noted that the cross-sectoral nature of the institute of intellectual property rights has affected the development of an interdisciplinary judicial and legal approach to solving problems of securing these rights. The importance of scientific understanding of the legal status of the High Court on Intellectual Property is emphasized. The importance of taking into account the European experience of judicial protection of intellectual property rights in the context of the processes of European integration of Ukraine is emphasized. Conclusion. The trends identified are as follows. First, intellectual property rights research is carried out at both general and sectoral levels. Secondly, an important area of development of theoretical and methodological support for the judicial protection of intellectual property rights is the study of the legal status, peculiarities of formation and future functioning of the High Court on intellectual property issues. Thirdly, it is of utmost importance to the factors that enhance the effectiveness of intellectual property rights protection in the context of Ukraine's European integration aspirations.

Complexity ◽  
2020 ◽  
Vol 2020 ◽  
pp. 1-11
Author(s):  
Tong Chu ◽  
Yu Yu ◽  
Xiaoxue Wang

Based on the oligopoly game theory and the intellectual property rights protection policy, we investigate the complex dynamical behaviors of a mixed duopoly game with quadratic cost. In the new system, a few parameters are improved by considering intellectual property rights protection and the stability conditions of the Nash equilibrium point are discussed in detail. A set of the two-dimensional bifurcation diagrams is demonstrated by using numerical modeling, and these diagrams show abundant complex dynamical behaviors, such as coexistence of attractors, different bifurcation, and fractal structures. These dynamical properties can present the long-run effects of strengthening intellectual property protection.


Author(s):  
Manjula Raghav ◽  
Nisha Dhanraj Dewani

Development and advancement in information technologies have paved the path for many challenges for the intellectual property rights holders. There are several forms of cybercrimes such as pornography, stalking, cyber fraud, cyber terrorism, etc., that are affecting people, hurdling e-commerce, challenging law, and disturbing the channel of information and communication. No doubt that cybercrimes are offences where the computer is the means of the commission of the offence as well as a target of the offence. Apparently, such offences are generated through electronic means where mens rea has no role to play. This unruly horse is creating several problems in the world of intellectual property, which has the capacity to affect global commerce. This chapter will focus on Indian case laws to showcase the interface between IPR and cyberspace. Also the dealing of issues like cybersqatting, cyberbullying, cyber theft will be discussed in order to check the competency of IPR.


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