Distribution of creative works protected by copyright

2021 ◽  
pp. 110-135
Author(s):  
Anastasiya Morsanova
Keyword(s):  
Legal Protection ◽  
Copyright Owner ◽  
Digital Piracy ◽  
Optimal Price ◽  
Intellectual Activity ◽  
Protection Level ◽  
Distribution Strategy ◽  
Positive Effects ◽  
Negative Factor ◽  
The Difference

This article addresses possible structural alternatives for the dissemination of the results of intellectual activity (RIA), which reflect setting of optimal price and level of technical protection. The paper argues that digital piracy is not always a negative factor for the author or copyright owner but may be a signal indicating an inefficiently of RIA distributing method. The developed model demonstrates the choice of RIA distribution strategy depending on various factors: author's popularity, the difference in quality between the original RIA and pirated copy, legal protection level. The findings regarding the possibilities of combining legal and technical protection, consumer behavior and the positive effects of digital piracy will help the regulator to apply more effective measures. The article is written on the basis of the RANEPA state assignment research program.

scholarly journals Convergence of Artificial Intelligence and Intellectual Property Rights

2021 ◽  
Vol 1 ◽  
pp. 4-8
Author(s):  
I.A. Zenin ◽  
Keyword(s):  
Artificial Intelligence ◽  
Intellectual Property Rights ◽  
Patent Protection ◽  
Legal Protection ◽  
Human Mind ◽  
Legal Analysis ◽  
Creative Activity ◽  
Scientific Evaluation ◽  
Intellectual Activity ◽  
Legal Structures

The purpose is to identify and evaluate the doctrinal definitions of the concept and recommendations on ensuring the protection of the results created by AI as products of the functioning of its technologies using the norms of the current copyright, patent and other legislation. At the same time, the goal of scientific evaluation of the existing legal definitions of the concept of AI and its accompanying categories is pursued. The methodology includes methods of logical, historical, systematic and comparative legal analysis of legal definitions, methods of translation (implementation) of doctrinal categories in normative legal acts, interpretation of differences in copyright and patent protection of the results of human creative activity and the need to take them into account when deciding on the possibility of legal protection of products generated by artificial intelligence. Result. As part of the assessment of the existing doctrinal and legal definitions of the concept of AI, its technologies and the possibilities of protecting the protective results created in the course of their operation, conclusions are drawn in favor of legal structures. In the sense of the latter: artificial intelligence is recognized as a human-created “complex of technological solutions”; operations performed by this complex are not identified with human actions, but are recognized only as their similarity (“imitation»); the results of these operations are not equated with the creative achievements of the natural (human) mind, but are recognized as their visibility, which can only be compared (“compared”) with the products of the cognitive functions of the human brain as the results of its “intellectual activity”.

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.

The Impact of Piracy and Technical Protection of Results of Intellectual Activity on Social Welfare

2017 ◽  
Vol 2017 (1) ◽  
pp. 62-85
Author(s):  
Anastasiya Morosanova ◽  
Anna Meleshkina
Keyword(s):  
Mathematical Model ◽  
Intellectual Property ◽  
Social Welfare ◽  
Indirect Effects ◽  
Copyright Owner ◽  
Public Welfare ◽  
Information Network ◽  
Intellectual Activity ◽  
Property System ◽  
The Impact

The article reflects the main aspects that should be taken into account in developing and changing the regulation of intellectual property sphere. Being harmful in some aspects, piracy also has a number of properties that can be useful for copyright owners: information, network and indirect effects. The paper presents a mathematical model showing the case where the protection of intellection activity result can cause more damage to public welfare than piracy itself. The findings show a need for tools more flexible than the intellectual property system so that every copyright owner can choose the required level of protection.

Product Boundaries of the Software Market Within the Context of Competition Policy

2016 ◽  
Vol 2016 (6) ◽  
pp. 39-56
Author(s):  
Andrey Shastitko ◽  
Alexandr Kurdin ◽  
Anastasiya Morosanova
Keyword(s):  
Competition Policy ◽  
Network Effects ◽  
Legal Status ◽  
Market Competition ◽  
Product Market ◽  
Intellectual Activity ◽  
Legal Cases ◽  
Competition Analysis ◽  
Software Market ◽  
The Difference

The article analyses the main features of the intellectual activity results market through the lens of the product boundaries definition. Frequently the pirated copy is not considered as a substitute for original products in legal cases. However, unlicensed computer programs should be included in the product market boundaries regardless of its legal status if the consumer considers them as substitutes. The difference between these types of products (original and pirated) are hidden not in transformation but in transaction characteristics. It is also important to take into consideration the possible complementarity between pirated and original products expressed in the information and network effects. In order to assess the buyers’ choice it is necessary to adjust the methods evaluating product market boundaries prescribed by «The Procedure of market competition analysis» of the Russia’s Federal Antimonopoly Service.

scholarly journals Impact Assessment of Biological Control-Based Integrated Pest Management in Rice and Maize in the Greater Mekong Subregion

Insects ◽  
2019 ◽  
Vol 10 (8) ◽  
pp. 226 ◽  
Author(s):  
Dirk Babendreier ◽  
Min Wan ◽  
Rui Tang ◽  
Rui Gu ◽  
Justice Tambo ◽  
...  
Keyword(s):  
Biological Control ◽  
Integrated Pest Management ◽  
Pest Management ◽  
Smallholder Farmers ◽  
Biological Control Agent ◽  
Control Agent ◽  
Target Area ◽  
Positive Effects ◽  
The Difference ◽  
The Impact

The impact and sustainability of two interventions that have been formulated to introduce integrated pest management (IPM) into rice and maize crops in Southwestern China, Laos, and Myanmar between 2011 and 2016, and were assessed at the end of 2017. From 22 Trichogramma rearing facilities established during the interventions, 11 were still producing substantial quantities of biocontrol agents 1.5 years after project support had ended, while seven had stopped operations completely, and four were doing stock rearing only. Through the implementation of biological control-based IPM, slightly higher yields were achieved in maize and rice (4–10%), when compared to control farmers, but the difference was not statistically significant. However, the use of pesticides nearly halved when farmers started using Trichogramma egg-cards as a biological control agent. Support from either public or private institutions was found to be important for ensuring the sustainability of Trichogramma rearing facilities. Many of the suggested IPM measures were not adopted by smallholder farmers, indicating that the positive impacts of the interventions mostly resulted from the application of Trichogramma biological control agents. The following assessment suggests that further promotion of IPM adoption among farmers is needed to upscale the already positive effects of interventions that facilitate reductions in synthetic pesticide use, and the effects on sustainable agricultural production of rice and maize in the target area more generally.

Effects of conifer release with glyphosate on summer forage abundance for deer in Maine

1998 ◽  
Vol 28 (10) ◽  
pp. 1574-1578 ◽  
Author(s):  
J K Vreeland ◽  
F A Servello ◽  
B Griffith
Keyword(s):  
Deciduous Trees ◽  
Percent Cover ◽  
Large Herbivores ◽  
Positive Effects ◽  
Habitat Value ◽  
Treatment Interaction ◽  
Deciduous Shrubs ◽  
Northern Forests ◽  
The Difference ◽  
Trees And Shrubs

Effects of conifer release with glyphosate on summer forage availability for large herbivores in northern forests have received relatively little study. We determined effects of glyphosate treatment of clearcuts on abundance of summer foods for white-tailed deer (Odocoileus virginianus) at 1 and 7-10 years posttreatment. We measured the abundance (percent cover in a 0- to 1.8-m height stratum) of five forage classes for deer (leaves of deciduous trees, leaves of deciduous shrubs, forbs, grasses, ferns) on 12 clearcuts (six treated, six untreated) to determine 1-year effects and on 10 clearcuts (five treated, five untreated) to determine 7- to 10-year effects. Abundance of leaves of deciduous trees was greater on untreated sites (38 versus 11%) at 1 year posttreatment, but the difference was less (18 versus 12%) at 7-10 years posttreatment (age × treatment interaction, P = 0.005). Leaves of deciduous shrubs exhibited a similar pattern. Abundance of forbs was similar (13-14%) at 1 year posttreatment but greater on treated sites (29 versus 15%) at 7-10 years posttreatment (P = 0.03). Grasses and ferns were less abundant than other forage classes. Overall, glyphosate application initially decreased the abundance of leaves of deciduous trees and shrubs used as food in summer, but the longer term positive effects on forb abundance may result in little net change in overall habitat value.

scholarly journals REPRESENTATION OF SOCIOLOGICAL DATA IN THE CONTEXT OF LEGAL PROTECTION OF COPYRIGHT PROPERTY IN THE DIGITAL ECONOMY

2019 ◽  
Vol 2 (3) ◽  
pp. 181-192
Author(s):  
O. O. Medvedeva ◽  
I. D. Katolik ◽  
A. O. Zhuk ◽  
R. A. Baryshev ◽  
K. N. Zakharyin
Keyword(s):  
Copyright Protection ◽  
Legal Protection ◽  
Digital Technologies ◽  
Scientific Communication ◽  
Digital Economy ◽  
Digital Form ◽  
Intellectual Activity ◽  
Digital Objects ◽  
Russian Universities

This article presents the modern aspects of the formation digital objects of copyright (DOC) in the digital economy, as well as their function in modern scientific communication. The peculiarities of copyright protection are analyzed within the framework of traditional protection institutions, as well as using digital technologies based on distributed registries. Using the example of an object of copyright “sociological data” presented in digital form, its structure and description are presented for placement on the IPUniversity platform created by leading Russian universities to test fixing models and sharing the results of intellectual activity.

scholarly journals Correlation of administrative and civil means of patent rights protection

2019 ◽  
Vol 2019 (4) ◽  
pp. 76-82
Author(s):  
Nikolay Kulakov ◽  
Mariya Saveleva
Keyword(s):  
Legal Protection ◽  
Legal Regulation ◽  
Patent Law ◽  
Modern World ◽  
Intellectual Activity ◽  
Rights Protection ◽  
Patent Rights ◽  
The Russian Federation ◽  
Innovation Economy ◽  
Resource Economy

Introduction. Digital technologies are booming in the modern world. The resource economy is being replaced by the innovation economy. The results of intellectual activity occupy an increasing place in the economies of different countries. But any important invention must be properly protected. The purpose of this article is to study the problems of legal regulation of patent rights in the Russian Federation. Methodology. The work used General methods of cognition-comparison, analysis, synthesis, abstraction, system, structural and functional approach, ascent from the abstract to the concrete, etc. Results: the study allowed the authors to formulate a conclusion that administrative and legal liability as a means of legal protection of inventive rights, characterized by the presence of significant potential. However, a set of reasons prevents the realization of this potential to a sufficient extent. Among such reasons, the authors, among other things, rank the problems of legal regulation of administrative responsibility and civil liability in the field of patent law. The study of some of these problems allowed the authors to form several proposals for amendments to the current legislation.

scholarly journals Legal Protection For Debtors In Selling Of Immovable Guaranteed Objects Below The Market Price In Indonesian Positive Law

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 365
Author(s):  
Dyatmika Malik ◽  
Sri Endah Wahyuningsih
Keyword(s):  
Research Method ◽  
Market Price ◽  
Legal Protection ◽  
Positive Law ◽  
Limit Value ◽  
Initial Procedure ◽  
The Difference ◽  
Normal Price

The difference price that occurs, in the implementation of execution of the debtor’s collateral object, the creditor should pay attention on the debtor’s right, ie the debtor should get a normal price on the guaranteed good which is being executed. It is related to the debtor's obligation, in case that the object’s price is under the value of the debt. The issues raised in this study are how the process of selling immovable goods under the positive law in Indonesia, How the actions that can be done by the debtor if the guaranty is sold by the creditor below the market price, How legal protection for the debtor in selling the immovable goods under the provisions of Indonesia's positive law. The research method used was normative juridical research with approach of law, concept, and case study. The results of this study found that, first, the initial procedure in selling the immovable goods is through an auction request. The auction request is made by the seller, in this case the creditor. Second, if the sale is conducted through auction, it can be requested for loss of a lawsuit against the law only found any mistake in the implementation of auction procedures. And third, these aspects include: Debtor position related to the determination of the limit value, the position of the debtor in the event of auction cancellation; The position of the debtor in the case of the sale of a guaranteed underhand object; and the position of the debtor when the item has been sold and is in a third party.Keywords: Protection; Sale; Positive Law; Immovable Objects

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