Field Of Intellectual Property Research Articles

THE IMPACT OF INTERNATIONAL INTELLECTUAL PROPERTY LAW ON NATIONAL LAW

The article examines the impact of international legal norms in the field of intellectual property on the national legislation. The focus is on analyzing key international treaties, such as the Paris Convention for the Protection of Industrial Property, the Berne Convention for the Protection of Literary and Artistic Works, and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The mechanisms of adapting national legal systems to the requirements of international standards are explored, including legislative reforms and changes in enforcement practices.

Ways of protecting trademark rights in Ukraine Ways of protecting trademark rights in Ukraine

The article deals with the issue of ways to protect trademark rights in Ukraine. The author analyzes the issue of protection of trademarks in the European Union by applicants from Ukraine. The experience of specialized judicial bodies in the consideration of cases related to intellectual property legislation (inventions, trademarks, industrial designs, geographical indications, unfair competition, copyright, traditional knowledge, etc.) is considered, which is useful not only for the right holders of this kind, and for society as a whole. It is determined that in Ukraine there are the following forms of protection of intellectual property rights: jurisdictional and non-jurisdictional. Attention is drawn to the peculiarities of functioning of specialized courts in the field of intellectual property. The author notes the advantages and disadvantages of specialized courts and determines that Ukraine is in the process of establishing a special court - the High Court on Intellectual Property. Analyzing alternative dispute resolution methods, such as mediation. It is emphasized that mediation, as a new tool for the Ukrainian intellectual property system, works in all developed economies of the world and helps creators, inventors and companies to resolve disputes. Mediation is a confidential process that can be in multiple intellectual property groups where confidentiality is critical. In some cases, a dispute may accumulate confidential information that could be prejudicial to the parties if released in a public forum. Mediation allows the parties to keep the details of the dispute confidential, protecting their reputations and intellectual property. It was noted that in view of the European experience and practice of implementing alternative methods of dispute resolution, the Center for Mediation and Mediation was launched within the structure of Ukrainian National Office for Intellectual Property and Innovations (IP Office). Its main task is to perceive the peaceful resolution of disputes by teaching all parties alternative methods of dispute resolution, their features and advantages. Effective use of mediation can significantly help Ukraine become one of the innovative leaders in Europe.

Legal perspectives on innovations and intellectual property rights

The article focuses on the legal aspects of innovations and intellectual property. The relevance of the study arises from the fact that innovations are increasingly affecting human life. At the same time, the issue of copyright is quite acute since intellectual property in the modern information space is a resource that must be protected very carefully. Therefore, the legal aspects of innovations and intellectual property require a comprehensive study. The following research methods were employed in this paper: description, analysis and synthesis, comparison, generalization, and modeling. The article describes the importance of innovations at the present stage. It defines the essence of the "innovations" concept. The authors reviewed normative legal acts representing the legal aspects of innovation. They include the Law of Ukraine "On Innovation Activity," the Law of Ukraine "On Priority Areas of Innovative Activity," the Law of Ukraine "On Priority Directions of Science and Technology Development," the Law of Ukraine "On State Forecasting and Development of Programs of Economic and Social Development of Ukraine." The role of the state in regulating innovations in the legal field is disclosed. Normative legal acts in the field of intellectual property were systematized. The DSTU 3574-97 Patent Formulary is analyzed, covering its basic provisions, the procedure for compilation and design, as well as the DSTU 3575-97 Patent Research, including its basic provisions and the procedure for conducting it. The authors also analyzed the Law of Ukraine "On Effective Management of Property Rights of Rights Holders in the Field of Copyright and (or) Related Rights," the Law of Ukraine "On Copyright and Related Rights," the Constitution of Ukraine, the Civil Code of Ukraine, Presidential Decree No. 299/2017, the Resolution of the Cabinet of Ministers of Ukraine "On the Formation of the Council on Intellectual Property Issues," and the "Patent Law Agreement."

Correlation between Scientific and Technological Achievements of Universities and Regional Innovation System in Ensuring Sustainable Economic Development at the Meso Level

The transformation of scientific and technological achievements of universities is of great importance for regional economic development and the development of scientific and technological innovation. Based on three aspects — the input of innovative resources, the output of scientific and technological achievements and the transformation of scientific and technological achievements — this study selected 13 indicators, such as scientific and technical expenditures, the number of scientific and technical personnel, the results of publication activities, intellectual activity, patents, contracts and income from the transformation of scientific and technological achievements, to build an indicator system for the transformation of scientific and technological achievements of colleges and universities; at the same time 7 indicators were selected, such as the number of scientific and technological personnel, funding, the number of patents and scientific and technological business-incubators, to build a regional system for assessing scientific and technical potential, a system for assessing regional scientific and technical innovation potential. Based on the factor analysis method, the transformation scores of scientific and technological achievements of universities and regional scientific and technological innovations in each region of China in 2019–2021 were calculated; secondly, using the Coupling coordination degree model, the degree of relationship and coordination between the university system of transformation of scientific and technological achievements and the regional scientific and technological innovation system in different regions of China was calculated. The study showed that the level of scientific and technological achievements is uneven and not high; points of innovative development of Chinese regions have been identified. Thus, the transformation of scientific and technological achievements of universities is a necessary path for the scientific, technological and economic development of regions, when it is necessary to combine the needs of regional development, take measures to strengthen support for scientific and technological personnel, create platforms for sharing resources, and improve policies in the field of intellectual property in order to promote the industrialization of scientific and technological achievements, promote regional scientific and technological innovations and develop regional industry.

Features of criminal characteristics of crimes in the sphere of intellectual property

The article is devoted to the peculiarities of the forensic characteristics of crimes in the field of intellectual property. It is noted that the Constitution of our country guarantees every citizen the right to the results of his intellectual and creative activity; no one can use or distribute them without his consent, with exceptions established by law. However, criminals violate this right and commit corresponding criminal offenses, the responsibility for which is provided for by Articles 176, 177, 203-1, 229 of the Criminal Code of Ukraine. At the same time, the formulation of the forensic characteristics of any criminal offense is an important stage of its proof, as it allows not only to determine the circumstances that need to be established, but also to draw up a further investigation plan and tactics for conducting investigative (search) actions.
 It was concluded that the forensic characteristics of criminal offenses in the field of intellectual property include: the method of committing the crime, the object of the criminal offense, the identity of the criminal and typical traces of the crime.
 The criminal’s choice of the subject of the criminal offense is determined, first of all, by the level of his education, the presence of certain professional skills and knowledge necessary for the implementation of the plan, and the technical side of the issue. All this is especially true for crimes related to copyright infringement in the field of distribution of audio and video products and computer information. Because a person who does not have certain special skills and education is not able to develop a crime plan and implement it. In addition, the criminal must first have access to the object of criminal trespass, and therefore know the technical features of its carrier and the organization of the work of the relevant enterprises, corporations, companies, firms and the like, in whose custody a certain desired work is located.
 It has been established that the typical traces of these crimes are characterized by certain features in the process of trace creation, namely: their commission is mostly disguised as ordinary economic transactions; the tools used to commit them are significantly different from those used to commit other crimes; traces usually remain in various accounting, management or technological documents; the very objects of the criminal offense can be used within the framework of legitimate economic transactions.

The Role of the Law in Critical Theory: An Engagement with Hardt and Negri’s Commonwealth

AbstractThis paper discusses the role of Law and Legal Thinking in Critical Theory with specific reference to the arguments that Michael Hardt and Antonio Negri offer in their book Commonwealth. The core idea is that Critical Theory is no less radical, but much more concrete, when it is performing not only an external, but also an internal critique of the Law. It shows that the role of the law in critical theory emerges as a problem when the latter claims that ‘there is no outside’ and that ‘the legal base of the system structures our lives.’ It then discusses optimistic and pessimistic strategies to overcome the problem, and argue for a demanding strategy which consist in articulating the external and the internal critique of the law. To make this point, the paper goes back to the epistemic context in which critical attitudes are deployed (the ‘Conflict of the Faculties’), describes the four theoretical moves constitutive of the historical moment in which, at the end of the 18th Century, modern law as we know it was conceived of and founded; and sketches the key moments of the history of the internal critique of the law. It then illustrates the demanding strategy with examples taken from the field of Intellectual Property, and concludes that the Law is malleable and open enough to allow the thinking and practicing of radical alternatives from within the legal system and also that alternatives spoken in the language of the law are no less radical, but certainly, more concrete than others.

Artificial Intelligence in the French Law of 2024

The use of artificial intelligence in France is growing and intensifying in many areas, particularly in the field of justice. French President Macron has made it one of his government’s priorities to build on these assets and make France a world leader in AI. In parallel, the French government has deployed some efforts towards anticipating the regulatory challenges related to AI, the “National Strategy for Artificial Intelligence” launched as part of «France 2030» . As an illustration of the developments in artificial intelligence and its specific regulation, the French parliament passed a law to ensure the proper conduct of the 2024 Olympic and Paralympic Games (Law N° 2023-380 of 19.05.2023). The law permits the use of the experimental “augmented video-protection” technology, which uses cameras equipped with AI systems to detect and report specific events in real time. French regulations begin already now in the area of justice and must continue in the fields of AI liability and intellectual property. AI is a source of fears, particularly for the respect of human rights, and requires a very elaborate legal and ethical environment that is flexible enough to avoid slowing down the development of AI. The AI Liability EU Directive complements the Artificial Intelligence Act by introducing a new liability regime that ensures legal certainty, enhances consumer trust in AI, and assists consumers’ liability claims for damage caused by AI-enabled products and services. But the new European AI Act does not resolve all issues that therefore need to be addressed nationally.

Может ли использование информационных технологий быть квалифицирующим признаком преступлений против интеллектуальной собственности?

Introduction. The present article is devoted to the issue of registration of the use of information technologies in committing offences against intellectual property. This issue is considered by the author in three aspects - the use of computer information in the committing offences; information and telecommunication networks, including the Internet; and the use of artificial intelligence technologies in committing offences. Methods. The methods of formal logic, system-structural analysis are applied in the research, the main attention is paid to the analysis of materials of judicial practice. Results. The author concludes that the use of information technology should lead to stricter liability in cases where it significantly simplifies crime committing, leads to an increased number of recipients of destructive information or illicit goods and substances, and has the potential to raise the number of offences committed. Based on the results of the research, the author formulates specific proposals to improve criminal legislation in the field of intellectual property. The author proposes to include in separate articles on offences against intellectual property the qualifying feature “an act committed with the use of information and telecommunication networks, including the Internet, or with the use of artificial intelligence systems”.

Basics of implementation of the standards of international agreements in the sphere of international trade by Ukraine

The latest international trade is characterized by serious, radical changes - the creation of a global information space, where the main products of production are information and knowledge, and information technologies penetrate almost every sphere of economic activity. International treaties become the main source of legal regulation of relations arising in the field of international trade.
 It has been established that the future development of Ukraine's economy directly depends not only on determining the directions of transformation of legal relations in the field of international trade, but also on how Ukraine directly implements the provisions of current international treaties in the field of international trade, in particular in such an important field as intellectual property - international agreements are the determining factors of the competitiveness of the country's economy, the most valuable capital that determines the strategy and tactics of our country's development, the most important driver of innovation.
 It was found out that today, the states have come to the realization that without solving issues related to the international regulation of relations in the field of intellectual property, without concluding international agreements in this field, it will be impossible to promote any object of intellectual property in the world. It is substantiated that all the specified international treaties regulating intellectual property as an object of trade transactions, to which Ukraine has joined, form an interconnected system of international trade relations. The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) occupies a special role among the system of these international agreements. The implementation of the TRIPS Agreement in Ukraine progressed in parallel with radical changes in the ways of using intellectual property in trade and the growing use of the international intellectual property system. Currently, Ukraine is at the final stage of institutional reform in the field of intellectual property - the State Organization «Ukrainian National Office for Intellectual Property and Innovations» (UANIPIO) has been established; its powers, scope and directions of its activity are established; the right to represent Ukraine in international and regional organizations, etc.
 Ukraine is an active participant in international trade processes and the corresponding main international legal acts in this area, which increases the interest of our state in optimizing and improving the standards, norms and provisions that regulate it. Judicial practice has confirmed that international treaties are an integral part of national legislation.

The impact of intellectual property articles on the quality of export products: Based on text analysis of China's trade agreements

In late 2019, Article 24 of the China State Council's Guiding Opinions on Promoting High-quality Trade Development emphasized protection and construction of intellectual property rights and international cooperation and active participation in establishing relevant international rules. This study examined the influence of intellectual property field in regional trade agreements on the quality of China's export products by constructing theoretical and empirical model. By calculating the “Agreement Coverage Rate” and “Legal Commitment Rate” of intellectual property articles, the relationship between the articles of intellectual property and the quality of China's export products is tested based on the OLS regression of fixed effects model using panel data of export trade from China to 15 treaty partners. The robustness of the empirical results is tested using instrumental variable and other methods. The study found that intellectual property articles in bilateral agreement significantly improved the quality of export products, the promotion effect of Agreement Coverage Rate is often greater than that of Legal Commitment Rate, and this effect is realized through the R&D effect of importing countries.

Balance of Interests of the State and the Copyright Holder in the Field of Intellectual Property for the Purposes of Competition Protection

The paper analyzes the balance of interests of the state and the copyright holder in the field of intellectual property for the purposes of competition protection. Having analyzed various measures of legal support by the state aimed at stable economic development through the prism of trust in the state and law, the author draws attention to «parallel imports.” The author also focuses on the possibility of limiting the protection of rights to intellectual property objects at the contract level due to the negotiating power of counterparties on whose sites production is located, which is similar to some Asian states. In the paper, the author analyzes the practice that took place before 2022 and compares it with the current state of ensuring the rights and legitimate interests of copyright holders. Summing up the study, the author believes that investment opportunities and trust for the state from both the society, representing the state, and national business and for foreign participants to international trade may be created through a solution that will allow the latter to fully realize their rights to intellectual property rights protection when resuming activities in the country.

Conflicting Marks Archive Dataset: A Dataset of Conflicting Marks from the Brazilian Intellectual Property Office

A registered trademark represents one of a company’s most valuable intellectual assets, acting as a safeguard against possible reputational damage and financial losses resulting from infringements of this intellectual property. To be registered, a mark must be unique and distinctive in relation to other trademarks which are already registered. In this paper, we describe the CMAD, an acronym for Conflicting Marks Archive Dataset. This dataset has been meticulously organized into pairs of marks (Number of pairs = 18,355) involved in copyright infringement across word, figurative and mixed marks. Organizations sought to register these marks with the National Institute of Industrial Property (INPI) in Brazil, and had their applications denied after analysis by intellectual property specialists. The robustness of this dataset is ensured by the intrinsic similarity of the conflicting marks, since the decisions were made by INPI specialists. This characteristic provides a reliable basis for the development and testing of tools designed to analyze similarity between marks, thus contributing to the evolution of practices and computer-based solutions in the field of intellectual property.

Consideration of intellectual property law in the context of European Union practice

The development of effective legislation on intellectual property in the context of shaping a digital society is an important issue for ensuring the stable development of innovation and protecting creators’ rights. The aim of the work is to analyse the constitutional and international principles of legislative regulation in the field of intellectual property law in the European Union to improve its legal regulation in Ukraine. The scientific basis was the application of the dialectical method as a way to delve deeper into the issues of intellectual property law, as well as the use of methods such as detailing and synthesis, abstraction, analysis and synthesis, and comparative legal method. The peculiarities of legislation on intellectual property in Ukraine and the European Union have been studied, revealing the lack of unified legal regulation of intellectual property issues. Experience confirms that institutional support is necessary for the field of intellectual property in Ukraine. To determine an effective state policy, it is necessary to develop and implement new terminology in the field of copyright protection. In the past, insufficient international cooperation has led to Ukrainian legislation not meeting modern requirements, especially in actively developing areas that require special terms and designations for the protection of intellectual work results. Based on the results of the conducted research, it has been established that the system of intellectual property protection in Ukraine is developing and requires constant improvement. The existence of violations of intellectual property rights indicates the need for the implementation of a programme to improve this system, as state protection of intellectual property is the main aspect of developing an innovative economy and increasing Ukraine’s competitiveness. In other words, due to significant gaps in legislation, manufacturers of innovative products will not rush to introduce them to the Ukrainian market, and high-tech start-ups are not protected from unfair copying of ideas. Also, based on the research results, gaps have been identified in the regulation of legal regimes for texts, music, and images generated by artificial intelligence. The research results can be useful for legislators working on improving legislation on intellectual property and for the development of strategies for managing intellectual property, which will contribute to increasing competitiveness and innovative development of business

Law enforcement function of the state in the field of intellectual property protection

In the conditions of innovative development of economic relations, the role of the law enforcement function of the state is increasing, which requires its authorised bodies and officials to ensure the guaranteed rights of citizens to protect their property and personal non-property rights in the field of intellectual property according to the Constitution and laws of Ukraine. This problematic issue remains relevant for the majority of intellectual property rights holders. The purpose of the study is to reveal the peculiarities of the law enforcement function of the state in ensuring the protection of certain objects of intellectual property. The methodological basis of the research consists of a set of general scientific and special methods and techniques of scientific cognition, including philosophical, metaphysical, deductive and inductive methods, methods of abstraction, modelling, and forecasting, which in combination helped to achieve the set goal. Based on the analysis of a significant number of regulatory legal acts and scientific opinions, research on the law enforcement function of the state in the field of intellectual property, which covers a wide range of private and public interests, has been conducted. The implementation of these constitutional provisions lies in creating proper and effective economic conditions for attracting investments in innovative product creation, and in case of their violation, the state, through its authorised bodies, is obliged to ensure the protection of violated rights. Attention is drawn to the specifics of the main law enforcement functions of the state, which provide for the creation of necessary conditions and stimulation of authors (creators) to obtain the result of creative activity, promote the free use (circulation) of the results of intellectual activity, protection of violated or contested intellectual property rights. It is emphasised that national legislation contains a list of actions that constitute a violation of intellectual property rights, which provide grounds for administrative or judicial protection. Existing gaps in legal protection of intellectual property are analysed. Attention is paid to the state of legislative reflection of the interests of participants in relations in the field of artificial intelligence, determination of the grounds and consequences of legal regulation in the European Union and Ukraine. The results of the work can be used by lawyers as well as by officials of state bodies ensuring the law enforcement function of the state in the researched sphere of relations

Novels of the legal regulation of copyright protection on the Internet

The article is devoted to the analysis of the current state of the system of Ukrainian legislation in the field of copyright protection on the Internet, as well as to the provision of proposals on the basis of this analysis to improve the regulatory regulation of copyright protection on the Internet.
 It has been established that the development of the latest digital technologies, the large-scale use of the Internet, along with numerous positive aspects, causes a number of problems related to the protection of copyright.
 It is noted that in the field of improving the protection of intellectual rights in general and copyrights in particular, positive changes have taken place in recent years regarding the protection and protection of copyrights. An important step in the field of copyright protection was the adoption in December 2022 of the new Law «On Copyright and Related Rights».
 Innovations in the field of copyright protection on the Internet, which are provided for by the new Law «On Copyright and Related Rights», have been analyzed. In particular, the new powers of the patent attorney, cases of extending the time limits for the performance of certain actions by website owners and hosting service providers, the procedure for holding the hosting service provider or website owner to account for failure to perform certain actions provided for by law, new opportunities for the applicant to specify data on hosting provider or website owner.
 Considering the procedure for copyright protection in court, it is proposed to introduce the «John Doe» concept into the rules of procedural law, according to which the right holder has the opportunity to initiate legal proceedings even when the identity of the offender is not established at the time of filing the lawsuit.
 The authors draw attention to the need to create a specialized court that will consider disputes in the field of intellectual property, work on the creation of which began back in 2017, but is currently incomplete and slowed down.
 In the conclusions to this article, the authors substantiate the relevance and need for further research in this area, as well as the need for further reform of national legislation in the field of copyright protection on the Internet in order to reduce offenses in this area and effectively protect the rights of authors.

Current trends in the development of the Intellectual Property Law

This article examines the prospects for the development of intellectual property law in national jurisdictions (Russian Federation, Republic of Indonesia, Federative Republic of Brazil, African countries and others), as well as the place of intellectual property in the system of the UN Sustainable Development Goals. The main areas of activity of the World Intellectual Property Organization in the context of achieving these goals, the results of the implementation and use of digital systems and artificial intelligence in the field of intellectual property in national jurisdictions (for example, automation of patent application processes, of document evaluation, of sending documents to the applicant) are analyzed, also the results of the implementation and application of the process of accelerated examination of “green” patents in a number of countries, including the Russian Federation. During the study, general scientific methods were used: analysis, synthesis, logical method, generalization, as well as a special legal method and a comparative legal method. The author came to the conclusion that the introduction of artificial intelligence and digital platforms into the activities of organizations in the field of intellectual property significantly speeds up and simplifies the entire process from filing a patent application to issuing a patent; it is necessary to create a unified database of “green” patents and carry out comprehensive work to popularize activities in the field of environmental inventions, since currently the search for “green” patents issued in Russia is difficult, and in general, environmental inventions in Russia account for only 1% of the total number of inventions; it is necessary to develop interstate cooperation in the field of intellectual property and develop joint projects, since the problems that need to be solved in the process of achieving Sustainable Development Goals are global in nature.

Protection of intellectual property rights in the EU: digital transformation and customs reform.

The paper examines the economic and legal problems of counterfeiting and piracy, combating unfair competition in the field of intellectual property (IP), particularly on the external border and the internal market of the EU. The problem of combating counterfeiting is getting worse every year: the volume of the world market of counterfeit products is about 1.5 trillion. dollars. The content of the customs reform in the conditions of digital transformation proposed by the European Commission, the causes and key factors of violations in the field of IP, problematic issues arising in connection with the counterfeiting of products at the customs border of the EU are analyzed. The actions of the government regarding the development of the strategy for the reform of the customs service in Ukraine, the implementation of the legislation in accordance with the EU requirements are shown, measures and an organizational and economic mechanism for countering unfair competition are proposed. The new Ukrainian customs must become a body consisting of four key elements: modern European infrastructure, the same and clear rules of the game for everyone, fast and convenient service, and a new personnel policy.

Vietnam's intellectual property laws on the protection of trademarks

Completing legal regulations in the field of intellectual property in general and legal rules on intellectual property for trademarks, in particular, is one of the most critical stages in perfecting the intellectual property system, serving socio-economic development. This article explores Vietnamese legal regulations on protecting industrial property rights for trademarks. Thereby, the article analyzes and clarifies these regulations, learning specifically about their advantages and disadvantages as well as their limitations through assessing the inadequacies and limitations of current legal practice. The article can contribute solutions to perfect the current law on trademark protection, enhancing the effectiveness of protecting industrial property rights for trademarks.

Regarding the Criteria of Mediatability of Disputes in the Field of Intellectual Property

Regarding the Criteria of Mediatability of Disputes in the Field of Intellectual Property

SPECIFIC FEATURES OF THE MODERN INTELLECTUAL PROPERTY MARKET: EXPERIENCE FOR UKRAINE

The article is concerned with studying the specific features of the modern market of intellectual property objects, and substantiates the directions of development of the processes of protection and commercialisation of intellectual property rights for Ukraine. The authors reveal the role of intellectual property in the development and competitiveness of companies, industries, and countries. The key trends that determine the formation of intellectual property markets are highlighted. The directions of improvement of the existing regulatory framework in the field of intellectual property implemented in Ukraine are outlined. To describe the dependence of the GDP of the largest leading countries on the indicators of their exports, the number of patent applications and the number of grants received, an econometric model has been made. The general trends in the dynamics of applications for intellectual property rights in Ukraine at the present stage are singled out. A number of suggestions for further reform of the intellectual property sphere in the context of post-war recovery are made.