scholarly journals EAEU: integration dynamics in the sphere of intellectual property within the context of digital transformations

Author(s):  
Mark Vladimirovich Shugurov

The subject of this research is the development of integration cooperation between the EAEU member-states in the area of protection, management and commercialization of the rights to intellectual property through the prism of formation of the regional intellectual property law of this international organization. The author describes the characteristics of intellectual property as one of the vectors of integration, as well as analyzes the results of integration processes in this sphere achieved over the period from 2014 to 2019. Special attention is turned to revealing the prospects for such cooperation within the framework of implementation of digital agenda. Analysis of the dynamics of integration processes is based on the principle of development, as well as system-structural approach. The historical-legal along with the formal-dogmatic method allowed reveling the content of legal results of the first quinquennial stage of integration. The main conclusion lies in the conceptual provision that currently the integration of EAEU member-states in the sphere of intellectual property is substantiated by the relevance for responding to global challenges, one of which is digitalization of the economy and various fields of social life. The author’s main contribution into studying of integration processes in the sphere of regional space of international property law is defined by conceptualization of the development of integration processes with regards to intellectual property from the perspective of its expansion, as well as advancement of new priorities in the conditions of digital transformation. The scientific novelty lies in substantiation of the prospects of using digital technologies for managing the life cycle elements of the rights to intellectual property as a potential object of cooperation in the format of integration.

2021 ◽  
Vol 150 (3) ◽  
pp. 1-23
Author(s):  
Katarzyna Śledziewska ◽  
Renata Włoch

In this article we focus on identifying the specificity of digital transformation within the public sector. The aim of the article is to present the main mechanisms resulting from the introduction of digital innovations that have changed the functioning of the public sector. Starting from a discussion on the technological requirements of digital transformation, we briefly characterise the use of computers and the Internet in public administration, resulting in the development of e-services and administration. The main part of the article is devoted to discussing the specificity of the implementation of the new digital technologies in public administration, focusing mainly on artificial intelligence and blockchain technologies. Our thesis is that the impact of innovative digital technologies on the operation standards and structure of public administration should be analysed through the prism of interrelated mechanisms of datafication and platformisation, characteristic for the digital economy. The adopted methodology, which is based on an analysis of the subject literature and an analysis of new technology implementations in public administration in EU countries, indicates the pilot, random and non-transformational nature of these implementations, partly due to the lack of well-established methodologies to study and assess the maturity of digital transformation within the public sector.


Author(s):  
Olena Shtefan

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.


Author(s):  
Valery V. Krasheninnikov ◽  
◽  
Irina I. Nekrasova ◽  

The article considers the peculiarity of the development of student’s creative thinking in educational project activities in the learning process in the context of the digital technologies use in technological education. The main basic principles of the development of the subject area “Technology” as the most important element of mastering the competencies and skills of the XXI century are analyzed, taking into account the need to use modern digital technologies in the process of project activity, as a fundamental direction of mastering new knowledge in an intensively developing world. Based on the analysis of research by domestic and foreign scientists, it is shown that educational project activities contribute to the development of creative thinking when conditions are met that is close to the real design process. Some possible options for the implementation of educational project activities in modern conditions of digital transformation of technological education are described. The measures to solve the problems of modern technological education, contributing to the qualitative organization of the educational process, which relate to both the creation of pedagogical conditions and the corresponding material and technical base, are noted.


Author(s):  
Kemal Özkan Yılmaz

The COVID-19 pandemic has amplified the influence of digital transformation on business entities. Although it is becoming more feasible to invest in digital technologies due to their swift progression in terms of reaching higher technical capabilities and better pricing levels, some companies could not achieve expected improvements in their business results. On the contrary, a remarkable number of companies had the opportunity to develop their businesses by leaps and bounds. Academic research on the subject revealed that a company's digital maturity level is directly related to the company's success and progress in sustainability issues. In this chapter, the concepts of cross-functional collaboration and corporate digital cultures, which are the basic components of achieving digital maturity, which must be coordinated together, are elaborated, and an applicable roadmap proposal is created.


2018 ◽  
Vol 11 (2) ◽  
pp. 75-83
Author(s):  
E. R. Bezsmertnaya

Nowadays, all sectors of the Russian economy are feeling a certain stress caused by the development of digital technologies. There is no doubt that the competitiveness of both individual companies and the state as a whole depends on what positions the domestic economic entities will occupy in the processes of digital transformation. The subject of the research is the specific features and prospects for the development of digitalization processes in Russia. The purpose of the research was to assess the potential benefits and possible challenges to the Russian economy in implementing innovative technology programs. The paper pays special attention to the specifics of the development of digital technologies in the financial sphere. It is concluded that the impact of digital technologies on the socio-economic development of society is ambiguous and a further study of foreign and domestic experience of digitalization and the development of innovative technologies is needed.


Author(s):  
Paul Torremans

Holyoak and Torremans Intellectual Property Law provides readers with a clear introduction to UK intellectual property law, whilst carefully placing the law in its global context and acknowledging the influence of EU and other international jurisdictions over its development. The book examines the methods and reasoning behind key statutory and case decisions, and provides readers with real-life examples of intellectual property law in action, helping to bring the subject to life. Recent developments within the law relating to biotechnology patenting, IT and internet, and trade mark, imaging, and character rights are explored, providing readers with a cutting-edge analysis of the subject. Chapter introductions and concluding overviews help to set the scene and provide a succinct summary of the topic areas, whilst lists of annotated further reading offer the perfect starting point for those who wish to explore a topic further. In this, its ninth edition, the book integrates the recent developments on the Unitary Patent; examines the reform of copyright, both EU (the fundamental cases from the CJEU) and domestic; and the recast of the Trade Mark Directive.


2021 ◽  
pp. 14-26
Author(s):  
Yuliya Viktorovna Evdokimova ◽  
Olga Vladimirovna Shinkareva

Recently, digital technologies in the fi nancial sector have been actively developing. The pandemic of a new coronavirus infection COVID-19 only spurred this process. The result of these events was the structural transformation of the global fi nancial services market, which is the object of this study. The subject of the study is the processes taking place in this market as a result of its digital transformation and the development of fi nancial technologies. Analysis, synthesis, induction, deduction were used as research methods. The multidisciplinary nature of the study should be noted due to the interconnection of sectors such as information technology, fi nancial technology, economic aspects. The study examines the basic characteristics of fi ntech solutions introduced into the practice of the world business, an ecosystem of fi nancial services, reveals the features of such models of the development of fi nancial innovations as USChinese, European and Russian. The impact of the pandemic of a new coronavirus infection of COVID-19 on the fi nancial services market was analyzed, it was noted that fi nancial and technological leaders of this sector of the economy can benefi t from the current situation. New criteria for the optimality of fi nancial services are highlighted, in particular, international nature, round-the-clock access, instant conversion with minimal costs and the presence of both fi at money and cryptocurrency. The volume of the global fi ntech market was analyzed, as well as forecasts regarding its development in the future, the volume of global investments in fi ntech in the fi eld of mergers and acquisitions was considered. The main directions of the fi ntech segment development according to the results of the 2019 study were considered and the countries in which this segment is developing most actively were highlighted. The evolution of traditional banks and revealed fi ntech trends in the banking industry in 2020.


2004 ◽  
Vol 53 (2) ◽  
pp. 487-493 ◽  
Author(s):  
Catherine Seville

EC intellectual property law has now reached a significant level of harmonization, and the Community can take pride in its achievements in this respect. The need to report a wealth of new matters leaves little space for introduction. However, two issues may be highlighted here briefly. The first is that in May 2004 ten new Member States will join the EU. Although enlargement offers immense opportunities, it also presents a considerable practical challenge. The second is the Commission's plan for a directive to harmonize procedure and remedies for intellectual property infringement throughout the EU.1It seeks to go further than the ground rules on enforcement already laid down by TRIPs, and to lay down specific procedural codes for intellectual property infringement of all types—not merely piracy and counterfeiting. This enthusiasm for intervention in the procedural aspects of national law has raised serious concerns in some quarters.


Author(s):  
Claude Kamau

Kenya has recently witnessed litigation regarding the tax implications of acquired software. Simply phrased, if software is intellectual property, then the usual tax implications attached to intellectual property will obtain. Though intuitive, this position is not as straightforward when it comes to acquisition of computer software. One main reason is responsible for the difficulty – the anatomy of computer software. This anatomy forces a more nuanced analysis of the components of a software transaction, and specifically the nature of interest in question. A corollary is that a diverse range of transactions – all involving different and separate interests – are possible. A proper taxation regime requires clarity as to what subject matter is subject to the tax treatment, be it a sale, licence, gift, and so on. The diversity of transactions possible regarding a single copyrighted work, however, anticipate the possibility of varied subject matter, specifically for tax purposes, which possibility diminishes any immediate certainty of the subject matter involved. Therefore, if it is possible for various kinds of market transactions, all with different tax implications, to inhere with respect to a single work of software, a more deliberate view is required. Kenyan jurisprudence has appeared to accept a broad characterisation of software-related transactions as attracting royalty payments. Recognising the obvious conceptual error in this view, other jurisdictions have drawn a clearer line between ‘copyright’ itself and ‘copyright-embodying’ articles. Fundamentally antithetical tax obligations accordingly accompany this differentiation.


2021 ◽  
pp. 95-108
Author(s):  
A. S. Geyda ◽  
T. N. Gurieva ◽  
V. N. Naumov

The research review of the subject field on the research of the digital transformation of economic and social systems is carried out. The research includes two parts. In the frost part the conceptual and mathematical models based on them research considered to apply digital technologies for various types of activities. Based on the systematic use of the review of the subject field, a complex of “white spots” is revealed — inconsistencies of the conceptual and mathematical models necessary in practice, methods of mathematical research of digital transformation of systems of different types, on the one hand, and the available theoretical means for such research, on the other. A significant amount of such inconsistencies is caused by insufficient investigation of the complex of pragmatic, practical aspects of activity based on mathematical forecasting of the results of using modern (digital) technologies in systems of various types. We proved that a pragmatic mathematical study of activity could make it possible to design and improve the digital transformation of systems of different types. We could do such a study by evaluating the activity results, analyzing them using mathematical models, and then synthesizing the activity with mathematical methods based on the analysis of the effects of using information technologies. Such a synthesis can, for example, provide the best results of activities due to the choice of the composition and characteristics of digital technologies.


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