scholarly journals Objects of intellectual property rights created by artificial intelligence: international legal regulation

2021 ◽  
Vol 39 (68) ◽  
pp. 505-519
Author(s):  
Pavlo Voitovych ◽  
Kateryna Bondarenko ◽  
Ruslan Ennan ◽  
Alina Havlovska ◽  
Vladyslav Shliienko
Keyword(s):  
Artificial Intelligence ◽  
Intellectual Property ◽  
Property Rights ◽  
Public Relations ◽  
International Law ◽  
Intellectual Property Rights ◽  
Legal Regulation ◽  
World Society ◽  
The Creation ◽  
Artificial Intelligence Systems

In modern conditions of development of public relations, the creation of objects of intellectual property rights by artificial intelligence is becoming more widespread. With this in mind, it is important to analyze the international legal experience of regulating the use of artificial intelligence as the author of intellectual property, to further borrow it for domestic laws, as well as to pay attention to problematic aspects of such regulation and make proposals to resolve inconsistencies. The study clarifies the international legal regulation of intellectual property rights created by artificial intelligence, as well as analyses the problematic issues of regulation of artificial intelligence by international law and the features of such regulation in Ukraine and presents positions on the development of artificial intelligence systems and prospects, as well as the prospects for its impact on world society.

scholarly journals Intellectual property law in the field of sports: specifics of manifestations and features of legal regulation

2021 ◽  
Vol 39 (69) ◽  
pp. 530-546
Author(s):  
Evgen Kharytonov ◽  
Olena Kharytonova ◽  
Maxym Tkalych ◽  
Inna Bolokan ◽  
Hanna Samilo ◽  
...  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Public Relations ◽  
Intellectual Property Rights ◽  
Legal Regulation ◽  
Property Law ◽  
Sports Law ◽  
Intellectual Property Law ◽  
Legal Method ◽  
Wide Range

The article aims to explore the relationships that arise with respect to intellectual property rights in sports. The objectives of the article are to establish points of contact between intellectual property law and sports, as well as a detailed analysis of relevant public relations in terms of intellectual property law and sports law. To achieve the objectives of the article, the authors used a number of scientific methods, among which the main methods are analysis, synthesis and comparative-legal method. The authors of the study concluded that modern sport is developing in close intertwining with intellectual property rights, because only in this way can a sports spectacle be conveyed to a wide range of spectators and consumers in a broad sense. In addition, the range of points of contact between intellectual property and sports law is constantly growing and such can now be called not only patents and trademarks in sports, but also copyright, "image" rights, know-how in sports and the like.

scholarly journals Artificial Intelligence and Intellectual Property Law

2018 ◽  
Vol 7 (1) ◽  
pp. 83-98
Author(s):  
Swapnil Tripathi ◽  
Chandni Ghatak
Keyword(s):  
Artificial Intelligence ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Criminal Liability ◽  
Property Law ◽  
Human Intervention ◽  
Intellectual Property Law ◽  
Insight Into ◽  
Artificial Intelligence Systems

Artificial intelligence systems have been gaining widespread momentum in today’s progressing tech-savvy world. With sophisticated technologies being incorporated in the same, it is only a matter of time these systems start to produce marvelous inventions without human intervention of any kind. This brings forth pertinent questions concerning Intellectual Property Rights, (IPR) for, it challenges not only traditional notions of concepts such as patents and copyrights, but also leads to the emergence of questions related to the regulation of such creations amidst others. This paper seeks to provide insight into the expanding scope of IPR laws and artificial intelligence, along with the inevitable challenges it brings from a worldwide lens on the matter. It also attempts to provide suggestions transcending IPR, and seeks to address questions concerning criminal liability for the content created by such technologies.

scholarly journals Certain aspects of possible codification of legislation of intellectual property law

2021 ◽  
pp. 108-118
Author(s):  
Olena Shtefan
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Public Relations ◽  
Intellectual Property Rights ◽  
Legal Regulation ◽  
Civil Code ◽  
Property Law ◽  
Intellectual Property Law ◽  
The Subject ◽  
Independent Branch

Keywords: recodification of the Civil Code of Ukraine, codification of legislation onintellectual property law, subject and method of intellectual property law The article examines the issues related to the possibility ofcodification of legislation in the field of intellectual property rights. Currently, inUkraine there is a three-tier regulation of public relations in the field of intellectualproperty law. On the one hand, the Civil Code of Ukraine, the rules of which are characterizedby a corresponding nature, terminological inconsistency with special legislation;special legislation regulating legal relations arising from the creation and use ofcertain objects of intellectual property rights; as well as the provisions of ratified internationallegal acts in this area. Such legislation does not contribute to effectiveprotection or effective protection of intellectual property rights.The updating of the Civil Code of Ukraine will not improve the situation regardingproper legislative support in this area, and may lead to new conflicts. Based on the analysis of existing approaches in legal doctrine on the possible codificationof legislation in the field of intellectual property law, it is concluded that it ispossible if the latter is separated into an independent branch of law, characterized bythe subject and method of legal regulation. The existing approach to the definition ofthe subject of regulation in the doctrine of intellectual property law coincides with thecivilized approaches and does not reflect the specifics of legal relations that characterizethe field of intellectual property. The subject of intellectual property law is notlimited to private law relations, public law is also quite common. In this regard, it isproposed to understand the subject as a legal relationship arising in connection withthe creation, use and protection of intellectual property rights. It is proved that theright of intellectual property can be separated into an independent branch of law andto codify its legislation. This will be facilitated by the interest of the state and the correspondingpolitical will to do so.

scholarly journals NATIONAL STRATEGY OF INTELLECTUAL PROPERTY IN UKRAINE IN THE CONTEXT OF INTERNATIONA OBLIGATIONS

2020 ◽  
Author(s):  
Катерина Горбачова ◽  
Валентина Нежевело ◽  
Ірина Хайхан
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Regulation ◽  
Judicial Reform ◽  
National Strategy ◽  
Association Agreement ◽  
High Court ◽  
The Creation ◽  
The Eu

In times of a deep economic crisis, international support, including economic support, depends largely on fulfillment of the international obligations undertaken by Ukraine. Due to the complexity of the reforms implemented by Ukrainian society, political infighting, lack of politicalwill, unity and consistency in the implemented reforms, our country today recognizes the improper and untimely implementation of certain provisions of the Association Agreement with the EU. Intellectual activity permeates all spheres of society, its results, intellectual property rights are in constant development, changing, new objects appear, which presents new requirements for legal systems, on the legal regulation of the specified sphere, and arising out legal relationships. Today, implementation of the Association Agreement with the EU, one of the Chapters of which is the field of intellectual property, assumes of economic and political importance. However, even the judicial reform introduced and the creation of the High Court on Intellectual Property have not deliver their expected results. All because of inconsistency of actions of legislative and executive branches of power, lack of systematicity in reform, and its insufficient substantiation.That is why, today, there is a growing need for the adoption of the National Strategy for the Development of the Intellectual Property Sphere for the period 2020–2025, which should become a comprehensive reflection of the state policy in the field of intellectualproperty. As to its legal nature, the National Strategy for the Development of Intellectual Property is a set of measures aimed at: (creating) promoting and encouraging the creation of intellectual property rights; (use) the introduction of favorable conditions andmechanisms for the use of intellectual property rights in production and other economic sectors; establishment of effective public administration in the field of intellectual property; increase of efficiency of activity of state institutions of the intellectual property protection system, examination of applications and issuance of security documents; improvement of legislation on protection of intellectual property rights; improving the mechanisms of protection of intellectual property rights; formation of a high level of culture and education in the field of intellectual property in order to build a competitive national economy, based on knowledge and innovation and implemented by the Government of our country. The effectiveness of the Strategy depends on the successful implementation of judicial reform and the effective work of the High Court on Intellectual Property.

scholarly journals The features of the contractual form of protection of subjective intellectual property rights for a cinematographic work under the laws of Ukraine and the countries of the European Union

2020 ◽  
pp. 323-328
Author(s):  
Kateryna Poturai
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Regulation ◽  
General Concept ◽  
The European Union ◽  
Modern Development ◽  
The Creation ◽  
Civil Contract

The article reveals the features of the contractual form of subjective intellectual property rights to a cinematographic work underthe laws of Ukraine and the European Union as the main form of protection of cinematographic works.The author emphasizes that in modern development of copyright relations, civil law has abandoned the legislative consolidationof the concept of copyright agreement, yet only lists and discloses the sense of its types.Thus, at the legislative and theoretical level, the problem of classifying a copyright agreement on the creation of a cinematogra -phic work as an agreement on the alienation of exclusive rights or a license agreement still remains unresolved. At the present stage,the legal regulation of the creation and use of films is further complicated by the fact that many film studios instead of copyright agreementsenter into refit contracts on the creation of films.The author draws attention to the fact that the French legal doctrine does not see any difference between the subject of the contractand the content of the obligation and uses such concepts as synonyms. The French legislator does not give a general concept, whichwould reveal the main features of the copyright agreement. However, the provisions of the French Intellectual Property Code directlyindicate the possibility of assignment of the author’s property rights (succession in a certain part of copyright) on the basis of the cont -ract. In the French literature and in the practice of courts it is unanimously recognized that from the point of view of general civil lawthe assignment of exclusive property copyrights is in principle a civil contract of sale of property, in turn a license is a civil contract ofproperty lease.The author also emphasizes that there is a necessity to regulate the conclusion of copyright agreements with all subjects of a cinematographicwork, which may have intellectual property rights in connection with the creation of such a work.

NON-JURISDICTIONAL PROTECTION OF EXCLUSIVE RIGHTS TO INVENTIONS, USEFUL MODELS AND INDUSTRIAL DESIGN

2021 ◽  
Author(s):  
Тамила Магомедовна Нинциева
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Public Relations ◽  
Intellectual Property Rights ◽  
Industrial Design ◽  
Legal Protection ◽  
Legal Regulation

В статье говорится о защите прав интеллектуальной собственности. Рассмотрены подходы к пониманию сущности интеллектуальной собственности, ее правовой охране и защите, разбираются вопросы административно-правовой защиты прав интеллектуальной собственности. Особое внимание уделяется проблемам, которые усложняют правовое регулирование в данной сфере общественных отношений. The article deals with the protection of intellectual property rights. Approaches to understanding the essence of intellectual property, its legal protection and protection are considered, issues of administrative and legal protection of intellectual property rights are discussed. Particular attention is paid to the problems that complicate the legal regulation in this area of public relations.

scholarly journals Intellectual property and artificial intelligence

E-Management ◽  
2020 ◽  
Vol 3 (1) ◽  
pp. 43-49
Author(s):  
R. O. Omorov
Keyword(s):  
Artificial Intelligence ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Modern Society ◽  
World Intellectual Property Organization ◽  
Legal Personality ◽  
Technological Gap ◽  
The World ◽  
Artificial Intelligence Systems

Issues, arising in the field of intellectual property rights in connection with the development of artificial intelligence systems and their impact on the development of legal relations in the economy and culture of modern society, have been considered. Aspects of mutual policies in the field of intellectual property rights and the development of artificial intelligence systems for the development of innovation and creativity have been examined. Questions of copyright and ownership in the interaction of man, collective and artificial intelligence or artificial intelligence systems have been raised and proposed. Issues related to artificial intelligence as an object of intellectual property have been considered. The position of the author on the legal personality of artificial intelligence to intellectual property objects created by autonomous artificial intelligence systems has been presented, which is expressed in the answers to the questions of the project of the World Intellectual Property Organization to the wide discussion of interested parties, planned for 2020 at the headquarters of the World Intellectual Property Organization in Geneva. The main conceptual principle of the author on the issues of the planned discussion is to grant the right of copyright and ownership of intellectual property objects created by autonomous artificial intelligence to a dressed subject – a person or collective, a developer of artificial intelligence with fixation of the latter as a sub-subject or instrument of the subject. Traditional categories of intellectual property rights also have been considered, such as patentability and the inventive level of property in connection with the possible generation of these objects by artificial intelligence. Issues related to data, its generation, fabrications and legal relations regarding data have been considered. Harmonization of international intellectual property rights policies to alleviate the technological gap between countries in the context of artificial intelligence development has been examined.

scholarly journals Artificial Intelligence and Intellectual Property

2021 ◽  
Vol 1 ◽  
pp. 9-13
Author(s):  
R.O. Omorov ◽  
Keyword(s):  
Artificial Intelligence ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Modern Society ◽  
World Intellectual Property Organization ◽  
Property Market ◽  
Legal Personality ◽  
The World ◽  
Artificial Intelligence Systems

In the article, prepared on the basis of the author’s plenary report presented at the XII International Forum “Innovative Development through the Intellectual Property Market”, held in Moscow at the MSLA on October 30, 2020, issues arising in the field of intellectual property rights in connection with the development of artificial intelligence systems and their impact on the development of legal relations in the economy and culture of modern society are considered. Aspects of mutual policies in the field of intellectual property rights and the development of artificial intelligence systems for the development of innovation and creativity are discussed. Questions of copyright and ownership are raised and proposed in the interaction of man, collective and artificial intelligence or artificial intelligence systems. Issues related to artificial intelligence as an object of intellectual property are considered. The position of the author on the legal personality of artificial intelligence to intellectual property objects created by autonomous artificial intelligence systems is presented, which is expressed in the answers to the questions of the project of the World Intellectual Property Organization to the wide discussion of interested parties, planned for 2020 at the headquarters of the World Intellectual Property Organization in Geneva. The main conceptual principle of the author on the issues of the planned discussion is to grant the right of copyright and ownership of intellectual property objects created by autonomous artificial intelligence to a dressed subject — a person or collective, a developer of artificial intelligence with fixation of the latter as a sub-subject or instrument of the subject. Traditional categories of intellectual property rights are also discussed, such as patentability and the inventive level of property in connection with the possible generation of these objects by artificial intelligence. Issues related to data, its generation, fabrications and legal relations regarding data are considered. It is proposed to harmonize international intellectual property rights policies to reduce the technological gap between countries in the context of artificial intelligence development.

scholarly journals Peran Lembaga Manajemen Kolektif Sebagai Bentuk Perlindungan Hukum Pencipta Lagu Dan Pemilik Hak Terkait

2019 ◽  
Vol 22 (01) ◽  
pp. 37-54
Author(s):  
Elly Hernawati
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Copyright Protection ◽  
Copyright Holder ◽  
Business Climate ◽  
Management Agency ◽  
Collective Management ◽  
The Creation ◽  
The Right

Copyright is one of the Intellectual Property Rights components and should be paid attention to. Even more in technology era that developing, copyright protection needed to be enhanced, so that the right of creator, Copyright holder or owner of relevant rights can be protected and urge people to create. Indirectly, good and healthy business climate could be fostered.  Not all people have skill to create, that is why those people who have skill to create must be protected and even awarded, hoping that people urged to create. One of the creations that protected are song and music. In creating song or music, creator involve recording producer, music director or arranger. Regarding the creation, creator holds moral and economy rights, while parties involved hold the relevant rights to it. Collective Management Agency is an agency that help creator or relevant rights owner in managing and distributing the creation which is song or music that being commercialized. Yet the creator must be the member of the agency beforehand. Commercialization of a song or music by user can rise problem. Protection to the song or music is for the whole thing, including lyric, notation, arrangement and song title. The utilization of a song or music should be still protecting the parties that hold the copyright and the relevant right to it.

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