Keeping the balance of public interests and the interests of the subjects of patent rights in the codification of legislation in the field of intellectual property

Keywords: intellectual property, codification, human rights, private interests, publicinterests, exclusions, medicines, patents The article concerns the expediency of codificationof legislation in the field of intellectual property on the basis of the principles ofpolicy development of pharmaceutical nationalism or pharmaceutical independence ofthe state. Modernity encourages to determine the principles of intellectual propertylaw on the basis of «collective knowledge», to put the intellectual property right toserve the interests of society and provide appropriate incentives for scientific activity.The new spirit of intellectual property dictates the policy of introducing exceptions tointellectual property rights for objects used in the fight against COVID-19.Special attention should be paid to the formation in the world, on the one hand, ofa policy of «pharmaceutical nationalism», which provides for protectionism in relationto the national producer, and on the other — the policy of priority of public interestsover intellectual property rights. Today, this issue is particularly acute in the contextof limited access to vaccines against the background of free production sites of genericcompanies. Therefore, when determining the conceptual approaches to the codificationof legislation in the field of intellectual property, the international experience ofmaintaining such a balance should be taken into account.The path of harmonization of human rights and intellectual property rights hascertain social and economic obstacles, overcoming which requires significant efforts ofpublic organizations, rethinking the established paradigms of the scientific communityand the political will of international organizations. The pandemic has only strengthened our sense that modern science is supranational,it has long been beyond the geographical and beyond the human imagination.That is why the monopolization of its results has become a dangerous phenomenon fora society that has lost the ability to control the processes within itself and has becomedependent on external processes, which are controlled by a small percentage of intellectualproperty market participants.Today, Ukraine has become an Eastern European hub in the field of harmonizationof private and public interests in the field of health care with the mechanisms ofintellectual property rights, and the ongoing patent reform is a breakthrough success.It should be noted that although it is extremely important for Ukraine to be able touse the flexible provisions of the TRIPS Agreement, both for the production of vaccinesand over time for drugs for specific treatment KOVID, the Government shouldkeep in mind the need to clarify the production capacity of domestic producers. , toallow the production of such vaccines and drugs exclusively for the national market,at least at the first stage, as the priority is to meet the needs of the national patient.And, of course, compulsory know-how licenses (trade secrets) should contain provisionslimiting the time and number of doses produced by analogy with compulsory licensesfor inventions.

Selection achievement in animal husbandry as an object of intellectual property rights and international experience in its protection

Intellectual property rights are enshrined in the Universal Declaration of Human Rights. A patent for an animal breed is the exclusive right of the inventor to his selection achievement, it is a legal monopoly provided by the state, and patent protection prevents commercial use without the consent of its owner. Today's challenges are directly related to food security. The practical application of breeding achievements in animal husbandry, in particular, is the genetic improvement of animals from the «economic side», which directly affects the level of investment and rewards for breeders, and thus the need for effective legal protection of intellectual property rights. Based on the analysis of normative legal acts regulating the procedure for obtaining legal protection of selection achievements in animal husbandry, the article examines problematic positions and suggests ways to resolve conflicts in the legal regulation of these issues. The methods of our study were chosen taking into account the purpose and objectives of the study. The study used philosophical, general scientific and special legal methods of scientific knowledge. Keywords: object of intellectual property right, selection achievement, selection achievement in animal husbandry, protection of intellectual property right

Problems of the intellectual property richgs protection in the media

The paper examines the main types of intellectual property rights, which might be violated in the media space (Internet, radio, TV, press). In today's world, the media has long been a major source of information. As the amount of information in the media increases, so does the amount of intellectual property involved. The most fundamental form of intellectual property protection technology is the control of access to information (ie determining whether the requester is allowed access to information). However, the existing access control offers only part of what is needed to work with intellectual property. So, it is not always protected at the legislative level, and the context in which it is used often does not benefit the owner. The intellectual property right infringement requires deep analyzes of the current situation, exploring and offering concrete solutions for each particular kind of infringements. Thus, the aim of the work is to study, analyze and identify problems of infringement of intellectual property rights in the media space, ways to prevent and combat them. The ways of offenses prevention are widely describe in the paper. Possible infringements of intellectual property objects on the Internet, on television and radio are analyzed in the paper; the legislative basis for protection of intellectual property rights and statistics in cyber attacks in 2020 in the world are deeply analyzed. The methods of protection of intellectual property rights of various types, including, such as coding of websites, a watermark and others are ofefred. The activity plan based on process of registration of the intellectual property right and solution of problems with infringers are investigated and offered in the paper. The importance of media impact in the sphere of intellectual property is described on the example of presidential campaign in USA. Recommendations for: identifying the need to protect intellectual property, improvement of existing administrative measures for the development and protection of intellectual property are investigated in the paper and are of practical value.

Implementasi Ratifikasi Agreement on Trade Related Aspects of Intellectual Property Right (Trips Agremeent) terhadap Politik Hukum di Indonesia

Penelitian Yuridis normatif ini dilakukan untuk mengkaji ratifikasi perjanjian internasional terkait Hak Kekayaan Intelektual (HAKI) apakah sudah sesuai dengan kondisi politik hukum di Indonesia. HAKI merupakan hak ekslusif yang tumbuh dari hasil olah pikir rasio manusia yang diekspresikan kepada khalayak umum dalam berbagai bentuk barang dan jasa, yang mengandung manfaat dan berguna dalam menunjang kebutuhan hidup umat manusia, serta mempunyai nilai ekonomi dan nilai moral. Indonesia adalah negara yang menandatangani kesepakatan terhadap pembentukan organisasi perdagangan dunia (World Trade Organization). Perjanjian yang ditandatangai oleh Indonesia yang terkait dengan aspek perdagangan internasional yang berhubungan dengan HAKI adalah Agreement on Trade Related Aspect Of Intellectual Property Right (Trips Agreement), yang telah diratifikasi oleh Pemerintah Indonesia ke dalam Undang-Undang No. 7 Tahun 1994 tentang Pengesahan Agreement Establishing The World Trade Organization (Persetujuan Pembentukan Organisasi Perdagangan Dunia). Penelitian menemukan fakta bahwa ratifikasi perjanjian internasional ini menimbulkan dampak yang dapat mempengaruhi iklim politik hukum di Indonesia. Seharusnya kesepakatan dalam ratifikasi TRIPs Agreement ke dalam hukum nasional disesuaikan dengan politik hukum bangsa Indonesia, sehingga implementasi ratifikasi perjanjian internasional HAKI terhadap politik hukum di Indonesia berjalan dalam koridor yang sesuai.

Registered Community designs in the video game industry: a neglected yet potent tool

This article aims at demonstrating how and why registered Community designs should be integrated into the video game industry's intellectual property strategy. Although the validity of virtual designs has not yet been tested before courts, registered designs adequately address the issue of clone gaming faced by the industry. Some minor changes to the EU legal framework could contribute to balancing out the perceived legal uncertainty surrounding this intellectual property right.

Challenges and Opportunities of University and Industry Nexus in Ethiopia: A Systematic Review

University and Industry Linkage [UIL] has been practised, with differing magnitude, as universities have long been recognised as rich sources of knowledge generation, innovation, and technological advancements. Strengthening the nexus between these two sectors and amassing the benefits arising has become a hot policy issue. Nevertheless, the progress of functional links between the two actors has been curtailed by many impediments. In the Ethiopian context, there is a paucity of researches that address the issue of UIL in general and those delineating the major challenges and opportunities about that in particular. Accordingly, this systematic review was conducted to pinpoint the main challenges that have been deterring the progress of the desired level of UIL and identifying the opportunities that can be seized to enhance the progress of the link. The study employed a systematic review method to collate all relevant evidence that meets prespecified eligibility criteria to achieve a given research objective or answer a specific research question. This systematic review was based on document analysis made on highly relevant and carefully selected documents, including journal articles, policies, strategies, plans, proclamations and books. The study revealed that despite the attempts of the government to strengthen and sustain a fruitful interconnection between the two sectors, UIL is at its infant stage, and numerous backlogs are waiting to be accomplished. The major challenges hindering the growth of UIL in Ethiopia include the presence of limited budget to research universities; mismatch between graduates’ knowledge and skills and industries’ demand; lack of sufficient skills and knowledge on the part of the staff of both sectors; absence of sound policy implementation strategies and plans; lack of ownership on the part of officials to implement policies, strategies and plans and cultural divide between the two parties.On the other hand, the main opportunities identified include a supportive policy environment, the proliferation of industries, issuance of intellectual property right protection laws, growing economy, the establishment of science and technology universities, construction of industrial parks, and relative improvements in infrastructure. Concerted government, universities, industries and other pertinent stakeholders need to be implemented to overcome the challenges mentioned above and reinvigorate UIL. Moreover, emerging opportunities delineated above need to be capitalised on, and creating an enabling environment for UIL to flourish ought to be reinforced with greater momentum

The impact of trust on intellectual property right protection: a cross-national study

PurposeThis study aims to empirically investigate how difference in social trust explains the heterogeneity of intellectual property right (IPR) protection (proxied by software piracy rate) across countries. Specifically, the authors also examine whether this effect is complementary or substitute to legal and economic factors.Design/methodology/approachThe authors use both ordinary least square and two-stage least square regressions to investigate this effect.FindingsThe authors find that there is also a complementary effect between trust and rule of law in reducing the violation of IPRs.Originality/valueAlthough the literature by now has documented the solid relationship between trust and the quality of formal institutions, only few studies have explored more specific measures of institutional consequences. Thus, this study is the first study investigating the role of trust, a valuable social capital dimension, on IPR protection.

Transferring Ethnopharmacological Results Back to Traditional Healers in Rural Indigenous Communities – The Ugandan Greater Mpigi Region Example

In ethnopharmacology, scientists often survey indigenous communities to identify and collect natural remedies such as medicinal plants that are yet to be investigated pharmacologically in a laboratory setting. The Nagoya Protocol provided international agreements on financial benefit sharing. However, what has yet only been poorly defined in these agreements are the non-financial benefits for local intellectual property right owners, such as traditional healers who originally provided the respective ethnomedicinal information. Unfortunately, ethnopharmacologists still rarely return to local communities. In this video article, the authors present a method for transferring results back to traditional healers in rural indigenous communities, taking the authors’ previous studies among 39 traditional healers in Uganda as an example. The authors’ approach is based on a two-day workshop, and the results are presented as original footage in the video article. The authors’ work demonstrated a successful method for ensuring bidirectional benefit and communication while fostering future scientific and community-work collaborations. The authors believe it is the moral duty of ethnopharmacologists to contribute to knowledge transfer and feedback once a study is completed. The workshop method, as an example for science outreach, might also be regarded as a valuable contribution to research on education theory and science communication.

Effects of Blockchain Law Course Integrated Multimedia Dynamic Teaching on Students’ Learning Motivation and Learning Effectiveness

The cultivation of intellectual property right talents who bear the mission of blockchain era becomes the key in the new breakthrough of integrating blockchain and intellectual property rights to form new sources of economic growth in the new/old kinetic energy conversion. Higher education is the major way to cultivate talents. Nevertheless, blockchain law courses currently offered by international colleges and universities are developed from technology fields of technology finance, distributed systems, and cryptocurrency, but not the instruction from legal perspectives. The experimental design model is applied in this study to the experimental research of students majoring in intellectual property rights in the same grade from same-level schools in Guangxi. Total 170 students are preceded the 16-week blockchain law knowledge on-campus experimental teaching. The research results show significant correlations between blockchain law course integrated multimedia dynamic teaching and learning motivation, remarkable correlations between blockchain law course integrated multimedia dynamic teaching and learning effectiveness, notably positive effects of learning motivation on learning effect in learning effectiveness, and significantly positive effects of learning motivation on learning gain in learning effectiveness. According to the results, suggestions are proposed, expecting to cultivate domestic students majoring in intellectual property rights, from legal vision, establishing the systematic way of thinking and knowledge system from know-why, to practical application, and then to legal regulations to enhance the learning effect of blockchain law knowledge and core skills to solve blockchain law issues of students majoring in intellectual property rights.