scholarly journals Copyright Regulation of Relations with regard to Software: Current State and Perspectives

2021 ◽  
Vol 11 (11) ◽  
pp. 161-168
Author(s):  
Olena Pikhurets ◽  
◽  
Stepan Lytvyn ◽  
Ivan Miroshnykov ◽  
Viktoriia Mykolaiets ◽  
...  
Keyword(s):  
Patent Protection ◽  
Legal Regulation ◽  
Patent Law ◽  
Software Protection ◽  
Current State ◽  
The World ◽  
Single Solution ◽  
Software Copyright ◽  
Preferential Recognition ◽  
Almost All

— The legal regulation of relations about software (computer programs) is conducted mainly in two directions: copyright and patent law. But despite lengthy discussions in scientific circles in almost all countries, there is no final and single solution to this issue. Historically, the model of copyright protection of the object under study offers a cheaper and faster procedure than the model of protection of software by patent law. Patent protection requires a rather expensive and lengthy examination of software for world (absolute) novelty, during which the object itself may become obsolete and become unpopular with potential users. Therefore, the copyright regime for the protection of software has received preferential recognition. Accordingly, the article attempts to investigate the problems of the existing in the world copyright model of software protection and the possibility of patenting them. Keywords— software, copyright, patent law, object of protection

scholarly journals On Protection of Intangible Cultural Heritage in China from the Intellectual Property Rights Perspective

2018 ◽  
Vol 10 (12) ◽  
pp. 4369 ◽  
Author(s):  
Qing Lin ◽  
Zheng Lian
Keyword(s):  
Intellectual Property ◽  
Cultural Heritage ◽  
Copyright Protection ◽  
Patent Protection ◽  
Intangible Cultural Heritage ◽  
The Third ◽  
Current State ◽  
The World ◽  
Protection Mode ◽  
Ipr Protection

With the development of globalization, intangible cultural heritage (ICH) has come under increasing threat, making the safeguarding of ICH a crucial task for the governments and peoples of the world. This paper examines China’s current state of intellectual property (IPR) protection for ICH and proposes that ICH be placed under China’s legislative protection as intellectual property. Due to the immense diversity and complexity of ICH and the difficulty in reconciling various interests involved, the existing IPR protection mode faces many obstacles in practice. We present two case studies and three sets of recommendations on improving the protection of ICH in China. The first set relies on improving copyright protection for ICH, the second set relies on improving trademark and geographical protection for ICH, and the third set relies on improving patent protection for ICH.

Biotechnological Patents and Morality

2011 ◽  
pp. 141-151
Author(s):  
Jakkrit Kuanpoth
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
World Trade Organization ◽  
Intellectual Property Rights ◽  
World Trade ◽  
Patent Protection ◽  
Patent Law ◽  
Legal Analysis ◽  
The World ◽  
Micro Organisms

The chapter deals with ethical aspects of patent law and how the global patent regime helps or hinders the development of a developing country such as Thailand. More specifically, it discusses Article 27.3 of the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which states that countries may exclude methods of medical treatment, plants and animals (but not micro-organisms) from patent protection. It also provides legal analysis on the issue of whether developing countries can maximize benefits from the TRIPS morality exception (Article 27.2) in dealing with biotechnological patenting.

scholarly journals The role of cryptography in ensuring cybersecurity and protecting information about technologies of strategic and advanced development in the context of protection of sci-tech achievements in the BRICS countries

2021 ◽  
pp. 22-62
Author(s):  
Ksenia Michailovna Belikova
Keyword(s):  
Information Security ◽  
Patent Protection ◽  
The United States ◽  
Legal Regulation ◽  
Patent Law ◽  
Practical Significance ◽  
Technical Data ◽  
Brics Countries ◽  
Advanced Development

The subject of this research is the role of cryptography in ensuring cybersecurity and protecting information about technologies of strategic and advanced development in the context of protection of sci-tech achievements in the BRICS countries. The relevance of the selected topic is substantiated by the fact that modern countries, for example, the founder of computer industry – the United States along with the BRICS member-states, realize the importance and practical significance of cryptography in different spheres (military, civil) and aim to develop the means and systems of information security, establishing legal regulation for various aspect of its application. Such approach needs elaboration on the development and implementation of cryptography from the perspective of supranational and international law. It is determined that the currently used encryption methods are essentially based on the methods that use special mathematical algorithms built in computer software. Such methods are a substantial  but surmountable obstacle for acquiring copyright and patent protection. The examined legal orders evolve by encouraging the development of national cryptographic and software systems, and ensuring its protection by patent law under certain conditions and based on a number of principles that are taken into account in national legislation of the BRICS countries. Correlation of the effectiveness of ensuring information security using only patented encryption or with application of additional protection based on the provisions on commercial secret, demonstrated futility of using the latter. From the perspective of international (or supranational) law, cryptographic software is controlled within the framework of international agreements on distribution of technical data, military and dual-purpose products.

scholarly journals Communicable diseases common to man and animals – current state of the problem

2019 ◽  
pp. 36-45
Author(s):  
I. Subbotina ◽  
I. Andamov ◽  
B. Bakyev ◽  
I. Kuprijanov ◽  
Safar-zadeh Hamid Rafi k ogly
Keyword(s):  
Infectious Diseases ◽  
Key Words ◽  
Molecular Genetic ◽  
Zoonotic Diseases ◽  
Human Medicine ◽  
Current State ◽  
Comparative Aspect ◽  
The World ◽  
The Republic ◽  
Almost All

Оne of the signifi cant problems for the veterinary service and for human medicine workers around the world are infectious diseases (parasitic and infectious), common to humans and animals. In most countries, this group of diseases is called “zoonoses,” although in many countries and many researchers this term raises many questions and disagreements. In a number of countries, it is customary to strictly divide them into “zooanthroponoses” and “anthropozoonoses”. However, despite the diff erence in terminology, the importance of zoonotic diseases remains relevant for everyone. Of course, in countries with diff erent climatic, geographical, cultural and gastronomic characteristics, certain diseases will prevail, but their social and economic signifi cance, however, will be similar for everyone. In our work, we wanted in a comparative aspect to show the most signifi cant zoonoses and the dependence of their distribution on climatic, geographical, gastronomic, cultural and a number of other features of the countries. We have carried out work in such countries as the Republic of Belarus, Turkmenistan, Tajikistan and Azerbaijan. In our work, we identifi ed the most signifi cant zoonoses for the above countries and determined the main causes and factors contributing to the emergence and dissemination of these pathologies The studies were carried out using modern research methods, such as epizootological, virological, bacteriological, molecular genetic, statistical. As a result of the studies, it was found that a number of zoonotic diseases, such as rabies, pasteurellosis, tuberculosis, are quite widespread in almost all of these countries, while anthrax, brucellosis, echinococcosis, have a signifi cant diff erence in the intensity of spread, and the immediate causes of this diff erence are both climatic and geographical factors, and features of agriculture, and a number of others. Key words: zoonoses, infections, infestations, rabies, pasteurellosis, anthrax, brucellosis, tuberculosis, echinococcosis, cestodoses, trichinosis, ascariasis, cryptosporidiosis.

9. Software

2019 ◽  
pp. 219-257
Author(s):  
Andrew Murray
Keyword(s):  
Copyright Protection ◽  
Patent Protection ◽  
Computer Software ◽  
Copyright Infringement ◽  
Patent Law ◽  
Historical Background ◽  
European Patent ◽  
Copyright Holder ◽  
Software Copyright ◽  
The Look

This chapter examines whether software should be protected by patent law or by the law of copyright, or through a sui generis form of protection. It first provides a historical background on software and copyright protection, before discussing the scope of software copyright protection and copyright infringement. The chapter then looks at several forms of copyright infringement such as offline, online, and employee piracy, and also explains the look and feel infringement by citing three cases: Navitaire v easyJet, Nova Productions v Mazooma Games, and SAS Institute v World Programming Ltd. In addition, it considers permissible acts under the UK’s Copyright, Designs and Patents Act 1988 without infringing the rights of the copyright holder, including software licences, end-user licence agreements (EULAs),. Finally, the chapter analyses cases relating to patent protection for computer software, including software patents under the European Patent Convention and the decision in Aerotel v Telco and Macrossan.

scholarly journals Digitalization of the economy: Russia on the way to technological primacy

E-Management ◽  
2020 ◽  
Vol 3 (3) ◽  
pp. 45-52
Author(s):  
N. V. Kuznetsov ◽  
Yu. G. Lesnykh ◽  
T. A. Prokhorova
Keyword(s):  
Russian Federation ◽  
Digital Technologies ◽  
Catching Up ◽  
Current State ◽  
Scientific Organizations ◽  
Foreign Countries ◽  
The World ◽  
The Russian Federation ◽  
The Government ◽  
Almost All

The article analyses the current state and trends of the processes of digitalization of the economy in the Russian Federation, and also collates the levels of penetration of digital technologies in the structure of the economy of Russia and foreign countries-competitors. As a basis, the set task of achieving technological superiority in key sectors of the digital economy has been adopted. The paper shows that although the Russian Federation occupies a prominent position in the world in terms of the introduction of digital technologies, it is not included in the group of leading countries in the digitalization process. As of the end of 2019, it can be stated that Russia, if the current course continues, will remain among the countries of “catching up development”. The authors show that the lag in the Russian Federation is observed in almost all components of digitalization processes. The efforts made by the government of the country in recent years to accelerate the digitalization processes have not been sufficient. Although they produced results, the main opponents of Russia on the world stage pursued a more intensive policy in the same direction, which ensured their current separation.To achieve technological superiority, a cardinal change of policy is necessary, which should reorient to new, more productive than the current mechanisms for the development and implementation of new digital technologies with the simultaneous intensification of both state and private efforts. Deepening the industry specification of digitalization policies will also have a positive effect. In addition, it is necessary to actively engage in digitalization processes and strengthen the role of scientific organizations (both academic and other).

scholarly journals TOWARDS THE ISSUE ON THE DENUNCIATION OF THE CONVENTIONS OF THE INTERNATIONAL LABOUR ORGANIZATION

2021 ◽  
pp. 15-18
Author(s):  
S. Venediktov
Keyword(s):  
Practical Importance ◽  
Legal Regulation ◽  
Working Environment ◽  
International Labour Organization ◽  
Equal Rights ◽  
The World ◽  
Labour Standards ◽  
Labour Legislation ◽  
International Labour Standards ◽  
Almost All

The article analyzes the legal regulation for the denunciation of the conventions of the International Labour Organization. Both automatic and "pure" denunciations of conventions are examined. Ratified ILO conventions have traditionally been one of the key sources of national labour law. However, over time, some of them have lost their relevance and practical importance. The most common way to waive obligations under ratified conventions is to denounce them. Denunciation is provided for in every ILO convention, with the exception of Conventions Nos. 80 and 116, which contain rules relating to the partial revision of previous conventions. In addition, a mechanism for partial denunciation is provided for certain conventions. Such a mechanism is expressed in the possibility of denunciation of: a) certain sections of the Convention, e.g. Invalidity, Old-Age and Survivors' Benefits Convention, 1967 (No. 128); b) certain categories covered by the scope of the convention, e.g. Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148). It is determined that most denunciations of ILO conventions occur automatically, due to the country's ratification of more recent conventions. In Ukraine, all denunciation of ILO conventions took place automatically. The "pure" denunciations are more relevant to outdated conventions or conventions that no longer correspond to existing fundamental principles in the world of work. An example is Night Work (Women) Convention (Revised), 1948 (No. 89), which was denounced by Austria, Greece, Italy, Ireland, France, the Czech Republic, etc. The provisions of this Convention are no longer in line with the ILO's existing policy of equal rights and opportunities for men and women in world of work. The practice of denouncing up-to-date ILO conventions should not be called widespread, primarily due to the need for mandatory prior tripartite consultations on this issue, which involves comprehensive consideration of the interests of government, employees and employers. Ratification by the country of the ILO conventions puts national labour legislation in a fairly clear framework, which in some cases may serve as a reason for slowing down specific areas of its further development. After all, certain conventions were adopted at a time when completely different regulatory approaches in the world of work were applied than those that exist today. Resolving this issue is possible through the timely and balanced application of the denunciation procedure. This procedure, provided for in almost all ILO conventions, should be considered as a clear example of the harmonious evolution of international labour standards. Keywords: International Labour Organization, conventions, automatic denunciation, "pure" denunciation, ratification, national legislation.

scholarly journals Comparing patent protection in Indonesia with that in Singapore and Hong Kong

2021 ◽  
Vol 29 (2) ◽  
pp. 200-222
Author(s):  
Lu Sudirman ◽  
Hari Sutra Disemadi
Keyword(s):  
Hong Kong ◽  
Patent Protection ◽  
New Technologies ◽  
Scientific Literature ◽  
Legal Protection ◽  
Patent Law ◽  
Patent Rights ◽  
The World ◽  
Huge Impact ◽  
Formal Requirements

The discovery of technology has a huge impact on the economy of a country, so many countries focus on developing technology and apply this technology in their respective countries. Technological inventions must register patent rights to obtain legal protection to avoid losses that will harm inventors, stimulate creativity in creating new technologies and create fair business competition among companies engaged in technology. This normative research aims to compare patent protection in Indonesia, Singapore, and Hong Kong. The benefit of this research is that it can contribute to scientific literature in the field of patent rights, can provide an overview of the form of patent rights arrangements in several countries outside Indonesia, so as to avoid disputes and/or misunderstandings with other countries. The participation of Indonesia, Singapore, and Hong Kong in ratifying the Convention on the World Trade Organization and the agreement on the Trade Aspects of Intellectual Property Rights (TRIPs) obliges these countries to establish regulations on patents in their respective countries. Although the application of patent law in Indonesia, Singapore, and Hong Kong is based on the terms of the TRIPs agreement, the implementation and regulations must have differences. Patent registration in Indonesia, Singapore, and Hong Kong have the same procedure, namely fulfilling the formal requirements, substantive examination, then the announcement stage. The term of patent protection in Indonesia and Singapore is similar, which is 20 years from the date of filing. However, it is different from Hong Kong, namely from the date of filing. In patent disputes, there are two ways of settlement, namely litigation and non-litigation. Patents in Indonesia, Singapore, and Hong Kong have another similarity, namely that they are transferable and can be licensed. The focus of this research is only to compare the application of patent law and not to examine its strengths and weaknesses, so it is considered important to do further research on this matter.

Biotechnological Patents and Morality

2013 ◽  
pp. 1417-1427
Author(s):  
Jakkrit Kuanpoth
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
World Trade Organization ◽  
Intellectual Property Rights ◽  
World Trade ◽  
Patent Protection ◽  
Patent Law ◽  
Legal Analysis ◽  
The World ◽  
Micro Organisms

The chapter deals with ethical aspects of patent law and how the global patent regime helps or hinders the development of a developing country such as Thailand. More specifically, it discusses Article 27.3 of the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which states that countries may exclude methods of medical treatment, plants and animals (but not micro-organisms) from patent protection. It also provides legal analysis on the issue of whether developing countries can maximize benefits from the TRIPS morality exception (Article 27.2) in dealing with biotechnological patenting.

scholarly journals DEVELOPMENT OF ELECTRONIC COMMERCE IN UKRAINE

2021 ◽  
Author(s):  
Iryna Derid ◽  
Inna Nochvina
Keyword(s):  
Information Technology ◽  
Electronic Commerce ◽  
Technology Implementation ◽  
Legal Regulation ◽  
Internet Commerce ◽  
Global Trends ◽  
Current State ◽  
Internet Users ◽  
The World ◽  
Further Development

The article is devoted to the study of the international e-commerce market and trends in the development of e-commerce in Ukraine, one of the key trends in the progressive development of the national economy and the world economy as a whole is international electronic commerce. Within accelerated development of information technology growing socio-economic needs influence Internet commerce constantly, as far as access to the resources of the global Internet information network opens up new opportunities. Therefore, the tendency to increase the volume of e-commerce and the importance of its optimization is obvious. The subject of the study is the analysis of the market of international e-commerce and Internet commerce in Ukraine at the present stage. The purpose of the article is to analyze the current state of e-commerce in Ukraine on the basis of information technology implementation tools and develop proposals for its further development in accordance with global trends. Objective: to study the development trends of international e-commerce and Internet commerce in Ukraine in connection with the growing role of computerization in the global dimension. The normative base of legal regulation of e-commerce in Ukraine, the concept of e-commerce and the main forms of Internet commerce are given. The number of Internet users in the world, the socio-demographic structure of regular Internet users in Ukraine, the net profit of world leaders in e-commerce, the dynamics of marketplaces with the Android application are analyzed. The following results were obtained: the analysis of the current state of e-commerce indicates the dynamic development of e-commerce in the world, including in Ukraine. It is investigated that the world leaders in e-commerce are Amazon and Alibaba, and in the Ukrainian e-commerce market – olx.ua, rozetka, prom.ua. It is established that e-commerce is a promising area of intensification of Ukraine's foreign trade activities. Conclusions: for the further development of e-commerce in Ukraine, increasing its volume in line with global trends and expanding actors in the e-commerce market, it is necessary to create appropriate conditions that would promote the inclusion of the state in the segment of international trade relations.

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