scholarly journals Security of rights to intellectual property created in joint activity within the framework of bilateral agreements between Russia and BRICS countries on the scientific and technical cooperation

2019 ◽  
pp. 38-47 ◽  
Author(s):  
Maryam Abdurakhmanovna Akhmadova
Keyword(s):  
South Africa ◽  
Intellectual Property ◽  
Russian Federation ◽  
Legal Protection ◽  
Legal Regulation ◽  
Service Development ◽  
Technical Cooperation ◽  
Bilateral Agreements ◽  
Brics Countries ◽  
The Russian Federation

The subject of this research is the international acts in the area of scientific and technical cooperation of the BRICS countries – bilateral agreements between the Governments of the Russian Federation and Brazil (2007), Russian Federation and India (1994), Russian Federation and China (1992), Russian Federation and South Africa (2014), and others pertaining to protection and security of rights to intellectual property. Attention is focused on the problematic moments in legal regulation of the “preceding” and “created” within the framework of these acts of intellectual property, including the questions of dispute settlement between the parties, the order of allocation of rights to service development and compensation for them, structure and content of separate contracts concluded in accordance with the indicated agreements, etc. The scientific novelty consists in articulation of the problem and approaches towards its research. The author comes to the conclusion on the sufficient elaboration of the bilateral agreements between the Russian Federation, India and China, which is viewed as a crucial factor in the development of further cooperation in this area for the purpose of ensuring of economic modernization of these countries on the innovative basis. However, the cooperation between Brazil and South Africa is not well developed, therefore the leadership of these countries does not take measures on development and signing of intergovernmental protocol to the Agreement between the Russian Federation and Brazil, called to regulate mainly the questions of legal protection of intellectual property, which manifests as the factor hampering the development of cooperation.

THE PROCEDURE FOR THE IMPLEMENTATION OF MILITARY-TECHNICAL COOPERATION AND THE DELIMITATION OF OWNERSHIP RIGHTS TO ITS RESULTS BETWEEN THE BRICS COUNTRIES - THE RUSSIAN FEDERATION AND BRAZIL, THE RUSSIAN FEDERATION AND SOUTH AFRICA

2021 ◽  
Vol 14 (6) ◽  
pp. 151-156
Author(s):  
MARYAM AKHMADOVA ◽  
Keyword(s):  
South Africa ◽  
Intellectual Property ◽  
Russian Federation ◽  
Technical Cooperation ◽  
Intellectual Activity ◽  
Brics Countries ◽  
Strategic Role ◽  
The Russian Federation ◽  
Key Aspects ◽  
Ownership Rights

The article discusses the procedure for the implementation of military-technical cooperation and the delimitation of ownership rights to its results between the BRICS countries - the Russian Federation and Brazil, the Russian Federation and South Africa. At the same time, the focus of the author's attention is on the transfer and use of previous intellectual property, the distribution of rights to the results of intellectual activity and the procedure for resolving disagreements and disputes between the contracting parties and (or) participants to contracts. The relevance of the study is due to the fact that military-technical cooperation has a strategic role for modern Russia, designed, on the one hand, to strengthen the country's military and political positions in the world, and on the other, serves the purpose of maintaining the country's defense capability and military security at the proper level. The research conducted based on such methods of scientific cognition as: general scientific dialectical, formal legal and comparative legal methods, etc. At the same time, the author proceeds from the subjective-objective determination of processes and phenomena, and their interconnectedness. The novelty of this research is determined by its very purpose, subject and range of sources under consideration. In this format, the author came to the conclusion that the approaches of the BRICS countries under consideration on some key aspects of regulating the protection of intellectual property, both transferred and created within the framework of military-technical cooperation, are largely similar. At the same time, the regulation of the use of the results of intellectual activity is the basis of relations between the Russian Federation and the BRICS countries in military-technical cooperation and is aimed at excluding unauthorized use of such products, therefore, the conclusion is formulated that the regulatory framework in the field of military-technical cooperation in terms of its international legal component on ensuring the protection of intellectual property transferred and received within the framework of such cooperation needs further improvement.

scholarly journals Comparison of approaches to legal regulation of e-commerce in the BRICS countries

2020 ◽  
Vol 4 (1) ◽  
pp. 42-53
Author(s):  
Evgenia Serova
Keyword(s):  
South Africa ◽  
Electronic Commerce ◽  
Russian Federation ◽  
Legal Regulation ◽  
Modern World ◽  
Legal Research ◽  
Republic Of China ◽  
Brics Countries ◽  
The Russian Federation ◽  
The Republic

The article examines the importance of e-commerce in the modern world, as well as the level of its development and legal regulation in the BRICS countries. The author studied the problems of functioning of international electronic commerce during the 2020 coronavirus pandemic. For the purpose of comparative legal research, the legislation on electronic commerce of the Russian Federation, the People’s Republic of China, Brazil, India, and the Republic of South Africa was considered. In the course of the study, it was concluded that the existence of a single normative act regulating exclusively legal relations within the framework of electronic commerce was the most effective way of legal regulation in this area.

scholarly journals Legal Peculiarities of Child Custody of Minor Parents with an Incomplete Parental Status

2020 ◽  
Vol 6 ◽  
pp. 22-25
Author(s):  
Ekaterina E. Lekanova ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Protection ◽  
Legal Regulation ◽  
Minor Parent ◽  
The Family ◽  
The Russian Federation ◽  
A Minor ◽  
The Guardian ◽  
Family Code

Despite the existence of an article in modern Russian legislation on the legal status of minor parents, many legal issues related to the implementation and protection of the rights, duties, interests of a minor parent and his child remained outside family legal regulation, which exacerbates the already difficult problem of legal protection of early parenthood. Moreover, the provisions of Article 62 of the Family Code of the Russian Federation are very inharmoniously combined with the rules of guardianship of minors. The aim of the work is to analyze the legislation on the legal status of minor parents and guardians, to identify the legal characteristics of the care of a child of minor parents. The author concludes that the features of the care of a child of minor parents, in addition to the age of one or both parents, in the case of the appointment of a guardian include: a combination of parenthood and guardianship; unequal opportunities for the care of a child by a minor parent who is not able to independently provide care, and by the legal representative of the child of the minor parent; special (additional) grounds for terminating guardianship of a child of minor parents; the need for the guardian to live together not only with the child in care, but also with his parent. The norms of paragraph 2 of article 62 of the Family Code of the Russian Federation and paragraph 2 of article 29 of the Federal law «On Guardianship and Custodianship» should be adjusted. It is proposed to introduce special rules for the selection of the guardian of a child of a minor parent, which would properly ensure the right of the minor parent to live together with the child.

scholarly journals Legal regulation of measures for the use and protection of forests

2021 ◽  
pp. 69-73
Author(s):  
Radmir IKSANOV ◽  
◽  
Igor VLADIMIROV ◽  
Keyword(s):  
Environmental Protection ◽  
Russian Federation ◽  
Local Population ◽  
Legal Protection ◽  
Legal Regulation ◽  
Nature Management ◽  
Forest Protection ◽  
The Russian Federation ◽  
Forest Users ◽  
Legal Mechanism

Forest violations are a special type of offenses that infringe on the order of rational nature management and environmental protection. The purpose of this study is to analyze legal measures for the use and protection of forests. The relevance of the work lies in the fact that the problem of legal protection of forests is manifested in the mechanism of exercising the powers of forest protection by the constituent entities of the Russian Federation, therefore, the solution to this problem should be developed and implemented by the efforts of state bodies, public associations and the local population. The paper lists the problems of the legal mechanism of forest protection, defines its subjects, discloses the problems in the field of control and supervision activities by forest users.

scholarly journals Legal regulation of the development and application of artificial intelligence in military sector of the Russian Federation in the context of the government strategy and ensuring the protection of intellectual property rights

2021 ◽  
pp. 26-42
Author(s):  
Maryam Abdurakhmanovna Akhmadova
Keyword(s):  
Artificial Intelligence ◽  
Intellectual Property ◽  
Russian Federation ◽  
Legal Regulation ◽  
Intellectual Activity ◽  
Military Equipment ◽  
Legal Perspective ◽  
Legislative Framework ◽  
The Russian Federation ◽  
The Government

The subject of this research is the examination of legal perspective on the approaches towards regulation of artificial intelligence and robotic technologies in military sector of the Russian Federation, including in ensuring the protection of the results of intellectual activity of researchers and developers, as well as the analysis of law enforcement practice on the protection of intellectual property in the interests of the state. In this format, the author determines the key conditions for recognition of the results of intellectual activity of military, special, and dual purpose as protectable object in accordance with the effective civil legislation. Attention is given to the practical results of domestic military equipment development using the artificial intelligence systems. The scientific novelty consists in articulation of the problem and approaches towards its research. The conclusion is made wide use of artificial intelligence technologies in the sphere of ensuring national security, as well as regulation based on the technical approach, rather than legal, not only create advantages in the military context, but can also cause issues that must be resolved. Taking into account real achievements in legal regulation of the results of intellectual activity, including the theoretical component, the author ascertains the need for improvement of the legislative framework on both, federal level and bylaws, including for the purpose of achieving a uniform use of the conceptual-categorical apparatus.

scholarly journals Administrative Responsibility as a Means of Protection of Patent (Inventor’s) Rights in the Russian Federation: Some Issues of Legal Regulation

Lex Russica ◽  
2020 ◽  
pp. 9-17
Author(s):  
N. A. Kulakov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Protection ◽  
Legal Regulation ◽  
Patent Law ◽  
Law Enforcement Agencies ◽  
Patent Rights ◽  
The Russian Federation ◽  
The Right ◽  
Administrative Responsibility

The purpose of the research paper is to study the problems of legal regulation of administrative liability in the field of patent law. As a result of the conducted research, the author comes to the conclusion that administrative responsibility as a means of legal protection of patent rights possesses significant potential capacity. However, a number of factors do not allow this potential to be enforced to the necessary extent. The author enumerates the following factors: latency of administrative offenses in the field of the patent legislation and lack of confidence of rights’ holders in law enforcement agencies in this area; low level of legal qualification of law enforcement officials in the field of the patent legislation; problems of the normative and legal regulation of administrative liability for infringement of patent rights. The author sees the solution to the problem of increasing the efficiency of administrative responsibility in the field of the patent legislation as a complex counteraction to the above factors. Within the framework of the paper special attention is paid to the problems of legal regulation of administrative liability in the field of patent legislation. The author analyzes Para 2 of Art. 7.12 of the Code of Administrative Offences of the Russian Federation, which provides for liability for violation of patent and inventor’s rights. The author comes to the conclusion about the need to develop this legal rule and defines a number of proposals for amending the current legislation. In addition, in order to ensure a comprehensive and effective protection of the right to remuneration for an invention (utility model, industrial design), a proposal has been formulated to expand the jurisdiction of the federal labor inspectorate and introduce the consequential amendments to the secondary legislation.

Сочетание международно-правового и национального регулирования в области защиты интеллектуальных прав в Российской Федерации// Social Sciences: Achievements and Prospects Journal 6 (14), 2019/ RELF Group & OEAPS Inc.(Open European Academy of Public Sciences); Chief Editor Mark Freeman - Barcelona, Spain. 16.09.2019: OEAPS Inc., 2019. - PP. 9-18.

2019 ◽  
Author(s):  
Анастасия Эдуардовна Скляднева
Keyword(s):  
Social Sciences ◽  
Intellectual Property ◽  
Russian Federation ◽  
Legal Regulation ◽  
Chief Editor ◽  
Intellectual Property Protection ◽  
International Protection ◽  
European Academy ◽  
The Russian Federation

Данная статья посвящена проблемам правового регулирования международной защиты прав интеллектуальной собственности. Рассматриваются международный, наднациональный и национальный уровни регулирования защиты интеллектуальных прав и их влияние на законодательство Российской Федерации.This paper focuses on the problems of legal regulation of international protection of intellectual property. International, supranational and national levels of regulation of intellectual property protection and their impact on the legislation of the Russian Federation are considered.

ILLEGAL LAND TRANSACTIONS IN THE MOSCOW REGION: PROBLEMS OF LEGAL PROTECTION OF LAND RELATIONS

2019 ◽  
pp. 73-79
Author(s):  
A.A. Gostev
Keyword(s):  
Russian Federation ◽  
Legal Protection ◽  
Legal Regulation ◽  
Criminal Code ◽  
Theory And Practice ◽  
Legal Rights ◽  
Sociological Study ◽  
Land Relations ◽  
The Russian Federation ◽  
Land Transactions

The article substantiates that crimes in the sphere of land transactions lead to violation of the legal rights and interests of owners and other owners of land, but in the practice of law enforcement agencies they are underestimated. On the basis of a specific sociological study, the determinants of registration of illegal transactions are determined; the legal regulations governing illegal transactions show the main inconsistencies of theory and practice, the contradictions of the provisions of the Civil, Land, Tax codes of the Russian Federation, as well as parts of Federal laws; the article substantiates the need to clarify the composition of Art. 170 of the criminal code; offers specific practical recommendations for optimizing the legal regulation of land relations in the Russian Federation.

Exclusive right in civil circulation

2021 ◽  
Author(s):  
Elena Morgunova ◽  
Nataliya Frolova
Keyword(s):  
Intellectual Property ◽  
Russian Federation ◽  
Civil Law ◽  
Legal Protection ◽  
Constitutional Court ◽  
Master's Programs ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Contractual Structures ◽  
Exclusive Right

The textbook presents doctrinal approaches, positions of the Constitutional Court of the Russian Federation, judicial practice, Russian and foreign legislation on issues related to the essence of legal protection of individual intellectual property objects and the nature of the exclusive right to them, contractual structures in the field of intellectual property, as well as the protection of exclusive rights to intellectual property objects. It is prepared for the development of undergraduates studying under the program" Master of Private Law", the discipline "Exclusive law in civil circulation", but can also be used in the study of legal protection of intellectual property results and means of individualization in the course "Civil Law" by bachelors, specialists, as well as in other master's programs. It may be of interest to students, postgraduates, scientists, teachers, practitioners, and anyone interested in intellectual property issues.

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