Anvisa's Prior Consent as a Contribution to Global Health and the One Health System

The participation of the National Health Surveillance Agency (ANVISA) in the granting of patents for pharmaceutical products and processes in Brazil took place since 2001, giving this sector of the Ministry of Health unprecedented legal competence, until then exclusive to the entity of the National Institute of Industrial Property (INPI). This chapter proposes to analyze the technical and legal aspects inherent to patenting combined with the ability to make political decisions in favor of implementing flexibilities in the patent examination of medicines that may be favorable to public health. John Kingdon's Multiple Flows Model was the methodology chosen to understand the most relevant factors that influenced the government's agenda for the creation of Anvisa's prior consent. The results allowed to outline the political window that materialized the formulation of the public policy in question, as well as to call attention to the fundamental importance for the protection of the current needs of humanity and of its future generations inserted in the concept of One Health.

A New Method to Analyze the Mine Liquidation Costs in Poland

Coal mine closure processes are being carried out in the European Union due to the current energy transition. The use of coal-fired power plants has been significantly reduced in recent years. Because of the significant financial outlays, processes of rationalization and minimization of the mine liquidation cost should be carried out. In this paper, a statistical analysis of the liquidation processes in hard coal mines in Poland was carried out. A new tool was developed in order to optimize the mine liquidation costs. The mine liquidation process can be divided into ten different processes, which have been analyzed in detail in this research work. The method of the assessment of the amount of estimated liquidation costs described is based on the analysis of the total liquidation cost. The presented method of signaling deviations of the costs of the liquidation of the mining plant from the average value is a useful tool in the process approach to the issues connected with the restructuring of post-industrial property. The presented cost assessment procedure may facilitate the monitoring of conducted activities in terms of rationalization and minimization of the costs incurred. Finally, the proposed method for assessing the cost of mine liquidation is understandable, simple, and easy to use for applications in preliminary design works and on-going engineering works.

What do patents tell us about microalgae in agriculture?

Microalgae have been used widely as a biological source for several industries, such as biofuel, pharmaceutical and food. Recently, the agricultural industry has also began using microalgae as an alternative source for sustainable products to replace agrochemicals. Due to the lack of scientific articles in this research area, the objective of this study was to search for applications of microalgae and to characterize its use in agriculture using the patent documents available in three patent databases, World Intellectual Property Organization (WIPO), European Patent Office (EPO) and Brazilian Institute of Industrial Property (INPI). The search was carried out using the keyword “microalgae” and applying the filter for International Patent Classification (IPC) code “A01N” which corresponds to patents related to agriculture and cultivation of microalgae. Our patent database search returned 669 documents and 132 patents were selected for the study based on their abstracts. The first patent was registered in 1982 and described the use of microalgae Chlorella extract as a plant growth promoter. After that, no patent was registered for 15 years. From 2005 to 2014, only seven patents were found. However, the scenario changed from 2015 when the number of patents increased mainly in the United States, China and Europe. The patent analysis showed several applications for microalgae in the agricultural sector, such as plant growth promotion, biofertilization, plant disease control, weed management, and post-harvest quality. This review confirmed the increasing interest in microalgae-derived products in agriculture and the value of using patent documents to assess innovative areas.

The Transformation of Global Intellectual Property Protection

This chapter traces the transformation of global intellectual property protection. The classical Convention regime, epitomised by the Paris Convention protecting industrial property and the Berne Convention protecting copyright, dominated the international IP scene for about a century. Other norm sets have become relevant for IP more recently. These often strengthen IP rights or grant them complementary protection and include international investment agreements (IIAs), predominantly in the form of bilateral investment treaties (BITs) and investment chapters in trade treaties; the protection of property ownership as a fundamental right; private regulation of IP; and IP-specific counter-norms. Ultimately, this transformation of global IP law necessitates a broadening of the constitutional discourses relevant for IP. Constitutional pluralism, new constitutionalism, and societal constitutionalism represent the main currents of such global constitutional discourses.

Grounds and methods of systematization of legislation of Ukraine in the field of intellectual property

Keywords: intellectual property law; systematization of legislation, codification,copyright, industrial property law The article is sanctified to researchof the modern state of the legislative regulation of intellectual property relations inUkraine and the ways of its improvement in the direction of systematizing the relevantlegislation. Scientific approaches to determining the place of intellectual propertylaw in the legal system of Ukraine are considered. It is shown that now in Ukrainethere is a unique model of legislative regulation of these relations, which includes 3levels: the Civil Code of Ukraine, the Economic Code of Ukraine, special laws regulatingthe protection of rights to inventions, utility models, industrial designs, trademarks,and other objects. Such division of legislative acts is based on different volumeand subject of regulation of legislative acts. As a result of undertaken a study andtaking into account foreign experience two alternative ways of codification of legislationare certain in the field of intellectual property: within the limits of operating theCivil code of Ukraine and Economic code of Ukraine taking into account the differentiationof the subjects of its regulation, or in the direction of individual codifications ofcopyright and industrial property law as institutions intellectual property law. It issubstantiated that the second way has significant advantages over the unified (general)settlement of relations in the field of spiritual and scientific and technical creativitysince it takes into account the essential specifics of these two components of intellectualproperty law, which is due to the difference in the subjects of their regulation.Guidelines for choosing the appropriate direction of codification are proposed.

Technological prospection: the genus Mikania in therapeutic use

The genus Mikania (Asteraceae) comprises about 450 species of these, 203 are found in Brazil and present several chemical and biological activities. Considering the variety of species and their therapeutic properties, the present study aimed to perform technological prospecting of this genus, since this approach aims to contribute to technological, scientific and innovation research. For this purpose, the patent documents were analyzed, regarding the applicant countries, year of filing and the international classification of patents of the genus Mikania. The search was conducted in the databases World Intellectual Property Organization (WIPO), European Patent Office (EPO) and the National Institute of Industrial Property (INPI) in October 2020, using the descriptor “Mikania”; present in the title and/or abstract in addition, documents that included medicinal approaches were selected. Thus, taking into consideration the filing countries, Japan, Brazil and the United States led the patent deposits, with the first document filed in 1991 and the largest number of applications in the years 2000 and 2010. The data concerning the international patent classification are concentrated in subclass A61K, which deals with preparations for medical, dental or hygienic purposes. These results demonstrated the therapeutic and technological potential of the Mikania species and thus which can be evidenced the potential of this study.

THE OBJECTS OF PATENT LAW

In the circumstances of development and functioning of the innovative model of economy, and necessity of creation and introducing of new technics and advanced technologies in manufacture the patent law is of a great importance in the intellectual property law system. The issue of patent law has repeatedly been the subject of researches in the national civil law science, but the question of its objects still remains unresolved. Therefore, the task of this article is to determine the range of the objects protected by patent law, as well as to describe their features. The article draws attention to the existence of different approaches to understanding the concept of «patent» in national legislation and international acts. The invention is analyzed as the most important object of patent-law protection. The inexpediency of defining the invention and its objects by pointing to all fields of technology is emphasized. Regarding to the utility model, the latest legislative changes in the definition of its objects are analyzed, as well as, some considerations are expressed regarding the prospects of introducing the criterion of inventive step for it. As for the industrial design, taking into account the latest changes in the legislation in this area, it is stated that it is inexpedient to refer it to the objects of patent law. It is argued that a plant variety and a breed of animals as the results of selection cannot be attributed to the scope of patent law. It is emphasized that patent law should not be equated with industrial property law – the latter is a broader concept, which, in addition to the objects of patent law, also includes other categories of objects (industrial designs, trademarks, geographical indications, etc.). It is concluded that the objects of patent law are inventions and utility models. In this regard, it is proposed in the process of recoding the rules on industrial designs to be allocated in a separate chapter of the Civil Code of Ukraine.

Technologic Prospection of Bioactive Compounds in Umbu Pulp (Spondias Tuberosa Arruda)

The Spondias tuberosa arruda is a fairly integrated type and known in the Brazilian semiarid, being present in the food of the population that lives there. About 18 fruits are in the genus Spondias, and it is known that some of them, like umbu, have antioxidant potential and applicability in several areas. In order to evaluate this potential, it is important a detailed study of all possible applications. This study analyzed the survey results for the bioactive compounds (phenolic compounds and antioxidants) present in umbu pulp (Spondias tuberosa arruda) through patent applications. To perform the patent search was used the bases of the World Intellectual Property Organization (WIPO), the database of the brazilian National Institute of Industrial Property (INPI) and the European Patent Office (Espacenet). This prospect has contributed to the knowledge of researches already developed, especially in order to identify the work in the area of use, characterization, possible applications and potential umbu, focusing on the identification of bioactive compounds and how promising and necessary is a research in that area.

Development of the intellectual property service in Ukraine on the example of the Institute of oilseed crops of the NAAS

The history of development of industrial property of Ukraine, objects of intellectual property and relations which arise at their creation and use are considered. The main results of scientific research on the creation of intellectual property of the Institute of Oilseed Crops of the National Academy of Agrarian Sciences of Ukraine (hereinafter IOC NAAS) are highlighted and analyzed. The research was conducted as part of the ongoing monitoring of intellectual property legislation on the legal protection of research results of the IOC NAAS and as part of marketing and patent research to position the institution as an originator of oilseeds. The purpose of the research is to investigate changes in the legislation on industrial property of Ukraine, intellectual property objects and relations that arise during their creation and use, to analyze the main results of scientific research on the creation of intellectual property objects of IOC NAAS (2001–2020). In the process of research, for a detailed study of the stages of the formation of patent legislation, legislative and regulatory acts of Ukraine were used concerning the regulation of intellectual activity and intellectual property, materials from professional periodicals, articles and abstracts published in scientific collections and materials of scientific and practical conferences, Internet resources, monographs and printed works of scientists, manuals, patents and inventions for useful models of the IOC NAAS. Research methods – quantitative, qualitative and comparative analysis. Methodology – according to the algorithm of constant monitoring and conducting patent and marketing research. The term "intellectual property" was first used in the Convention Establishing the World Intellectual Property Organization (WIPO), adopted in Stockholm on July 14, 1967, and since then the term has been used in international conventions and legislation in many countries. The day of the adoption of the Law of Ukraine «On Property» in 1991 is considered to be the beginning of the formation of the legislation of Ukraine on intellectual property. This law for the first time recognized the results of intellectual activity as objects of property rights. At present, ensuring the implementation of state policy in the field of protection of rights to inventions and utility models in Ukraine is provided by the Ukrainian Institute of Intellectual Property (Ukrpatent) and belongs to the Ministry of Economic Development of Ukraine. IOC NAAS – a leading scientific institution in genetics, biotechnology, breeding and cultivation of basic and niche oilseeds, which focuses on the development of theoretical foundations of breeding, creation of modern breeding material, development of optimal agricultural techniques for its cultivation, organization of primary and industrial seed production, for the development and improvement of technical means and machines for separation, purification and waste-free processing of oilseeds. During the existence of the IOC NAAS, scientists have created 87 objects of patent law. The novelty and originality of scientific developments are confirmed by patents for inventions and utility models. At the time of writing, the Institute supports 23 patents.

GLOBAL MARKET OF INTELLIGENT INVESTMENTS: EXPERIENCE FOR UKRAINE

The article deals with the meaning of the concept of «intellectual investment». It was found that this economic category is quite diverse and most foreign and domestic scientists give only a general definition. Based on the studied approaches to understanding the essence of intellectual investment, the authors provide their own interpretation of this economic category. So, intellectual investment is any investment in intangible assets: training and retraining, research and development, transfer of know-how, creation of innovative products for additional economic benefits. A number of features that distinguish investments in intellectual capital from other types of investments are identified and attention is paid to approaches to the classification of types of intellectual investments. It is established that the leading countries in the implementation of intellectual investment in 2020 are China, the United States, Japan, Britain, Germany, and the trend of increasing the share of spending on innovation is observed in such regions as Asia and the Middle East, respectively. The place of the countries in the ranking of the Global Innovation Index, which is headed by Switzerland, Sweden and the United States, followed by Great Britain and the Netherlands, is described. The level of development of intellectual investments in Ukraine in terms of financing of innovation activities during 2016-2020, as well as in terms of receipt of applications for industrial property in Ukraine and the world is analyzed. The main negative factors that hinder the development of intellectual investment in Ukraine are assessed, and on the basis of world experience the effects that can be obtained as a result of investing in intellectual capital at different economic levels are highlighted. Due to the fact that Ukraine is losing its authority and attractiveness in the field of invention in the international arena, it is proposed to create a clear program to attract investment in intellectual capital, increase the share of budget funds for development and implementation of innovations, introduce programs to encourage the return of scientists. who previously emigrated.