Objects Of Intellectual Property Rights Research Articles

Інноваційні технології в логістиці промислових підприємств у період війни та повоєнної розбудови економіки України: корпоративні відносини та інтелектуальна власність

The article is aimed at studying the main changes in logistics during the wartime and, further on, generalizing innovative technologies in industrial logistics in the situation of wartime and concerning the post-war period of economic development of Ukraine, as well as developing proposals for improving the efficiency of their use from the standpoint of corporate relations and intellectual property. The authors’ own structural and logical scheme of the study on the topic «Innovative technologies in the logistics of industrial enterprises during the wartime and in the post-war development of the economy of Ukraine: corporate relations and intellectual property» in a general form is built, the material of the article is presented accordingly. The main changes in logistics that took place during the war of Russian Federation on Ukraine are highlighted. The importance of «innovative technology in the logistics of industrial enterprises» is substantiated from the standpoint of valuating the interests of all stakeholders. In the course of the study, the authors’ own interpretation of this category as new technologies that are created on the basis of the use of intellectual property rights and are able to satisfy the vital interests of all participants in corporate relations by means of applying them in the logistics of industrial enterprises is presented. The promising directions of application of innovative technologies in the logistics of industrial enterprises in the conditions of wartime and in the post-war development of the national economy are generalized. It is noted that the current economy of Ukraine operates in the context of transformation of market relations in accordance with the requirements of the EU, one of which is the formation of the corporate sector for the effective use of pooled capital (both financial and non-financial). The indicators of receipt of applications for objects of property rights (OPR) and for inventions during the period of 2018–2022 are analyzed, the results of the carried out analysis have actualized the issue of motivation for the creation and introduction of the objects of intellectual property rights (OIPR) as a source of innovative technologies in the logistics of industrial enterprises during the wartime and in the post-war development of the economy of Ukraine. The conceptual and logical scheme of creation and implementation of objects of intellectual property rights as a source of innovative technologies in the logistics of industrial corporate associations is visualized on the basis of situational and integrated approaches. It is expected that the recommendations provided will improve the process of management of innovative technologies in the logistics of industrial enterprises, accelerate the restoration, modernization and development of corporate industrial associations, increase the level of satisfaction of vital interests of participants in corporate relations and of the population of Ukraine as a whole concerning both during the wartime and in the post-war development of the national economy.

Understanding the future market infrastructure development through the use of tokenized assets

The paper is dedicated to the discussion of the author’s attempt to explain a trend in the future market infrastructure development through the use of tokenized assets. The paper successively solves eight working tasks: a) clarify standard functions of the market infrastructure and roles of a market intermediary; b) outline the logic for developing a virtual market and place of a legal deal; c) clarify four mandatory components of a standard deal; d) distinguish the concept of “tokenized document” as a modern type of legally valid contract; e) distinguish entities and objects involved in a deal and essential conditions of a legally valid deal; f) subjectively assess the potential impact of tokenized assets on the renewal and development of the market infrastructure; g) outline new opportunities for regulating market relations using tokenized assets, which are consequences of their properties and parameters of tokenized assets; h) summarize levels of formation of a new economic potential of tokenized assets for the market infrastructure development. The author concludes that distributed ledger tools and especially the most promising type of distributed ledger virtual asset, such as a tokenized asset, can drive the market infrastructure modernization. It will be a new and additional means for addressing global wealth inequality using tokenized assets. Its “key” is to create new professional jobs in the ecosystems of decentralized information platforms. The most expected promising areas, especially widespread digital commerce, management of objects of intellectual property rights, agricultural sector at the level of micro and small farms, pave the way for significant, almost radical transformations in the composition, structure and number of participants in the market infrastructure and economic relations on the markets. The main and fundamental technical means for this new market infrastructure organization are backed distributed ledger tokens or tokenized assets, namely tokenized contracts, tokenized resources and tokenized deals. Based on the information and applied nature of tokenized assets and four standard components of a deal (contract, entities and objects involved as well as essential conditions of the contract), the author proposed three types of tokenized assets based on the feature “original asset underlying the tokenized asset”, namely: (a) tokenized document, (b) tokenized resource and (c) tokenized deal. Together they universally cover all types of original (underlying) assets in legal civil and economic circulation in almost any country in the world. Having different functional purposes, these three types of tokenized assets along with a digital ecosystem of services potentially fulfill many functions of market intermediaries in the modern market infrastructure.

КОМЕРЦІЙНА ТАЄМНИЦЯ В СИСТЕМІ ІНТЕЛЕКТУАЛЬНОЇ ВЛАСНОСТІ: СУТНІСНИЙ КОНТЕКСТ

Background. In the conditions of the formation of the knowledge economy, the intensification of innovative development, the strengthening of globalization processes, and the active spread of information and communication technologies, the importance of commercial secrets as a tool for ensuring the competitive advantages of organizations increases. The purpose of the study is to promote a comprehensive understanding of commercial secrets to understand their place in the intellectual property portfolio of modern companies and to make effective decisions regarding their effective use and reproduction. The object of research. The article is devoted to revealing the essence of a commercial secret, clarifying its meaningful characteristics and place in the organization's intellectual property system. Methods. Achieving the goal of scientific research relies on the use of a wide arsenal of methods: abstraction, scientific description, theoretical generalization, induction, and deduction to substantiate the meaning, reveal the essence of a commercial secret, clarify its meaningful characteristics, and compare it with other categories; a dialectical combination of the general and the special to highlight the signs of a commercial secret; decomposition, structuring for the selection of types of commercial secrets, determination of directions for their systematization. Results. Approaches to comparing commercial secrets with confidential information and know-how are presented in the literature. Various interpretations of the essence of a commercial secret have been studied, in particular, in the context of its belonging to the intellectual property system. Considerable attention is paid to defining the features of a commercial secret through the lens of a dialectical combination of the general and the special. The general features of a commercial secret due to its primary informational nature are given; specific features as an object of intellectual property are highlighted. The types of commercial secrets were studied, and the vectors of their systematization and concretization in the practice of organizations were proposed. Conclusions. It is asserted that commercial secrets are classified as objects of intellectual property rights; considered the right to commercial secrecy as a type of intellectual property rights. An extended interpretation of the commercial secret is given, taking into account the totality of its features and a wide range of possible types as a methodological aspect of the formation of practical tools for the management of commercial secrets of organizations.

ОСОБЛИВОСТІ КОМЕРЦІАЛІЗАЦІЇ СЕЛЕКЦІЙНИХ ДОСЯГНЕНЬ У НАУКОВО-ДОСЛІДНИХ УСТАНОВАХ

The article substantiates that one of the prerequisites of the new development vector of Ukraine is the commercialization of the results of the intellectual activity of scientists. It has been established that the commercialization of intellectual property objects represents the transformation of the results of intellectual activity into a marketable product for the purpose of obtaining profit. In order to identify the state of commercialization of breeding achievements, monitoring and questionnaires of research institutions in the agricultural sector were conducted. It was found that breeding centers use a mixed form of commercialization, that is, they use intellectual property both in their own production and grant non-exclusive licenses to third parties for the right of use. The article establishes that there are the following ways of commercializing objects of intellectual property rights: using them in one’s own production, adding rights to the authorized capital, transferring rights to an object of intellectual property. It has been proven that each of the above methods of commercialization is effective and capable of bringing profits to the owner of the rights in case of their effective use. Taking into account the results of the conducted research, a model for choosing methods of commercialization of intellectual property rights of agricultural research institutions is proposed, which is able to form the basis for making effective management decisions regarding the choice of forms and methods of commercialization of innovative products in certain conditions of the operation of an agricultural research institution. It is noted that, in practice, the transfer of rights to use intangible assets involves the licensor receiving income in the form of royalties and a lump sum payment, with the receipt of which the patent owner covers his expenses for scientific research. It has been proven that with improper organization of control over the payment of royalties, there is a risk of non-payment of such remuneration by the licensees. A clear and transparent approach to the payment of royalties could significantly change the relationship between breeders and seed producers to ensure fair financial settlements, and would provide a new cardinal impetus for the development of domestic breeding.

UNFAIR COMPETITION IN PATENT LAW (PATENT TROLLING)

The purpose of this article is to consider problematic issues regarding unfair competition in patent law, in particular, patent trolling. For this purpose, the concepts of «patent trolling» and «patent troll» were analyzed. Types of patent trolls are also defined. The signs and peculiarities of patent trolling in Ukraine and the reasons for its spread are established. The manifestation of unfair competition, consisting in the abuse of intellectual property rights, is considered. Recommendations are given on introducing an effective mechanism to combat patent trolls and bring them to justice for unfair competition. The methodological basis of the research is general scientific and special methods of scientific knowledge. The use of these methods made it possible to describe and propose ways to solve the problem of unfair competition in patent law, in particular, patent trolling. Results: no provision in national legislation directly provides for the liability of patent trolls for abuse of rights, including under competition law. Ukrainian legislation does not provide for the liability of patent trolls for the abuse of rights, which in a certain way have a conditional nature, since they are provided under their personal responsibility in terms of compliance of the object with the conditions of patentability or the criteria of protectionability. In this regard, it is necessary to eliminate the causes and conditions that contribute to the mentioned negative phenomenon at the legislative level. Discussion: in fact, «patent trolls» are neither product manufacturers nor inventors, but only possess property rights to objects of intellectual property rights, buying up protective documents for them and realizing these rights only by prohibiting their use, initiating lawsuits, in fact, that’s why they got that name.

Civil agreement as a legal regulator of relations on the creation and implementation of innovations

The article analyses the agreement as one of the main regulators of the private-legal component of innovation relations. It is proved that thecontract due to the principles of freedom of its conclusion and determination of its content is the most effective form of regulation of relations on development and implementation of innovations. The author proves that the agreement in modern conditions is a universal structure, that successfully works in all planes of social relations based on legal equality and freedom of expression. And the sphere of legal relations does not affect the essence of a civil law agreement. The qualifying criterion is the methods of legal regulation. The design of the agreement allows the parties to the relationship to set out the terms and conditions that they need. Accordingly, the article substantiates that the agreement takes on the characteristics of an individual act of law-making. The civil agreemant as the «regulator» of innovation relations covers all possible segments of their emergence, realisation, change or termination. Private-legal innovative relations include property and non-property relations. However, the author notes that property and non-property relations are multifaceted and multidimensional in their content. Therefore, the need to disclose what is the peculiarity of property and non-property relations specifically in the area of innovation is justified. The article proves that the subject of private law regulation of the civil agreement in the sphere of innovation relations is: 1) relations in the sphere of intellectual property law and related information relations. Human intellectual activity is a fundamental category of innovation relations. The characteristic of novelty is at the heart of innovation and brings us into the sphere of intellectual property law relations.The author notes the inseparable connection of information relations and relations of intellectual property rights as a subject of regulation of civillaw agreement; 2) organizational relations. In particular, innovation relations are connected with the creation, use of innovations as objects of intellectual property rights and their introduction into production, so require complex factual and legal actions aimed at ordering the legal relations between their participants; 3) property relations on creation and implementation of innovations.

Protection of intellectual property rights in Ukraine: design solution

Keywords: objects of intellectual property rights, trademark, utility model, copyrightand/or related rights, industrial design, unregistered industrial design, utilitymodel, commercial name
 The law of the fashion industry is a branch of law that regulates publicrelations arising in connection with activities related to products of the light andcosmetic industries. Creative products, such as fashion designs expressed in products,may be protected as intellectual property rights. A design solution embodied in a particularproduct may be protected by one or more intellectual property institutions.Design solutions in the field of fashion are not directly defined in the legislation,but their properties are reflected in the features of various objects of intellectual propertyrights. The design solution embodied in the product may include copyright, industrialdesign, utility model, trademark, geographical indication, trade name. However,if the product contains several objects of intellectual property rights at once, theauthor currently registers not all, but one/two due to the cost of registration (obtaininga certificate or patent). There is an example of a bag given in the article, whichshows how protection for an industrial design and a trademark can be received immediately.But there is no procedure for providing protection by design solutions.For comprehensive protection of a design solution in the system of cross-borderprotection of intellectual property rights, foremost it is necessary to introduce the conceptof «design solution» by law. Furthermore, since design solutions in the fashion industryare seasonal and short-term, the law should give «accelerated preferentialtreatment» to design solutions in the fashion industry. This means that, after a designdecision is registered, it is protected for one year. After one year, the designerspay the fees to officially register the intellectual property rights. This way, the designerscan understand the relevance and purchasing power of the goods and avoid payinghigh fees to register intellectual property rights.

Organizational and functional structure of the innovative and intellectual environment: concept and conception of interaction

Keywords: innovative and intellectual environment, subjects of intellectual propertyrights, innovative infrastructure, commercialization of property rights, marketfunctions
 In the article, the author examines the meaning of the concept of «innovative and intellectualenvironment» and, from a methodological standpoint, the economic andlegal model of the organizational and functional structure of the innovative and intellectualenvironment. This allows to disclose the content of the components of themodel, which are combined into functional connections, creating a productive field ofdirections of the transformation process in the production sphere of objects of intellectualproperty rights into innovative products for the purpose of commercialization ofintellectual property rights on the market of intellectual property, innovative technologiesand innovative products to profit-making purposes. It is noted that in theeconomic and legal literature today, there is no single approach to understanding theessence of the concept and content of the «innovative and intellectual environment».The concept of «innovative environment» is presented in a much broader sense. Froman economic and legal viewpoint, the use of the term «innovative and intellectual environment» is justified, where priority is given to innovation as the basis for the transformationof intellectual property rights in the production sphere of activity into aninnovative product, and also as the basis for the use of innovative technologies. Thereare considered from a theoretical and organizational perspective the target contentcomponents of the model, that include: the formation of human intellectual capital,which includes subjects of intellectual property rights; creation and organization ofinnovative infrastructure as a production sphere of activity; organizational combinationof innovative infrastructure with intermediaries for the commercialization of intellectual property rights, which are catalysts for the transformation of objects of intellectualproperty rights into innovative products; commercialization of intellectualproperty rights, which refers to the innovative and intellectual sphere of activity; purposeand functions of the market of intellectual property, the market of innovativetechnologies and the market of innovative products.

Subject of the agreement on the transfer of rights to use intellectual property objects in business

The article examines the issue of defining the subject of a business contract in general and the problem of the subject of a contract on the transfer of rights to use intellectual property objects in entrepreneurship in particular.
 It is proven that the science of economic law defines a complex subject of a business contract, this subject includes two levels. The first level is the main action aimed at achieving the purpose of the contract. The second level is the object in relation to which this action is performed.
 It was found that in the norms of the Economic Code of Ukraine and the Civil Code of Ukraine, the subject of a commercial concession contract is not defined in the same way; The Commercial Code of Ukraine does not contain a specific norm regarding the subject of this contract and defines its object more broadly than the Civil Code of Ukraine. The law defines the right to use objects of intellectual property rights, commercial experience and business reputation as the subject of a commercial concession contract.
 It has been proven that the subject of the commercial concession contract is complex. At the primary level, an element of the subject matter of a commercial concession agreement is the right holder's actions, which are aimed at granting the user the right to use intellectual property rights belonging to the right holder in his business activity. At the second level, the subject of the commercial concession agreement includes the right to use the object of intellectual property rights, which the right holder grants to the user and this specific object of intellectual property.
 An object of intellectual property becomes the subject of a commercial concession contract due to its turnover capacity. Its marketability is manifested in the consumer value and exchange value of the object of intellectual property (private component), as well as in the presence of a legally defined legal regime of objects of intellectual property, which establishes the rules for the alienation of such objects, their circulation in commodity circulation, which ensures balance of private and public interests (public component).

Правовая охрана искусственного интеллекта и технологий искусственного интеллекта как объекта интеллектуальных прав в Российской Федерации

Правовая охрана искусственного интеллекта и технологий искусственного интеллекта как объекта интеллектуальных прав в Российской Федерации

Civil agreement as a legal regulator of relations on the creation and implementation of innovations

The article analyses the agreement as one of the main regulators of the private-legal component of innovation relations. It is proved that the contract due to the principles of freedom of its conclusion and determination of its content is the most effective form of regulation of relations on development and implementation of innovations.
 The author proves that the agreement in modern conditions is a universal structure, that successfully works in all planes of social relations based on legal equality and freedom of expression. And the sphere of legal relations does not affect the essence of a civil law agreement. The qualifying criterion is the methods of legal regulation.
 The design of the agreement allows the parties to the relationship to set out the terms and conditions that they need. Accordingly, the article substantiates that the agreement takes on the characteristics of an individual act of law-making.
 The civil agreemant as the “regulator” of innovation relations covers all possible segments of their emergence, realisation, change or termination. Private legal innovative relations include property and non-property relations. However, the author notes that property and non-property relations are multifaceted and multidimensional in their content. Therefore, the need to disclose what is the peculiarity of property and non-property relations specifically in the area of innovation is justified.
 The article proves that the subject of private law regulation of the civil agreement in the sphere of innovation relations is: 1) relations in the sphere of intellectual property law and related information relations. Human intellectual activity is a fundamental category of innovation relations. The characteristic of novelty is at the heart of innovation and brings us into the sphere of intellectual property law relations. The author notes the inseparable connection of information relations and relations of intellectual property rights as a subject of regulation of civil-law agreement; 2) organizational relations. In particular, innovation relations are connected with the creation, use of innovations as objects of intellectual property rights and their introduction into production, so require complex factual and legal actions aimed at ordering the legal relations between their participants; 3) property relations on creation and implementation of innovations.

OBJECTS OF NATURE IN THE SYSTEM OF INTELLECTUAL PROPERTY RIGHTS

The purpose of the study. In this article, the author examines the features of objects of nature that are protected results of intellectual activity, as well as the features of biomedical cellular products, which, being objects of nature, are not embedded in the system of objects of intellectual property rights. The signs of various objects of nature are analyzed: breeding achievements, strains of microorganisms, biomedical cell products, comparative characteristics of various modes of protection of such objects are carried out. The author comes to the conclusion that it is expedient to develop a unified approach to the legal regulation of all objects of nature, formulate uniform criteria for the protectability of biological objects and form a common legal regime for objects potentially corresponding to the characteristics of a biological object. It is proposed to interpret breeding activity broadly as creative activity aimed at creating new and improving existing plant varieties, animal breeds, strains of microorganisms and biomedical cell products.

The multidimensional legal nature of personal genomic sequence data: A South African perspective.

This article provides a comprehensive analysis of the various dimensions in South African law applicable to personal genomic sequence data. This analysis includes property rights, personality rights, and intellectual property rights. Importantly, the under-investigated question of whether personal genomic sequence data are capable of being owned is investigated and answered affirmatively. In addition to being susceptible of ownership, personal genomic sequence data are also the object of data subjects' personality rights, and can also be the object of intellectual property rights: whether on their own qua trade secret or as part of a patented invention or copyrighted dataset. It is shown that personality rights constrain ownership rights, while the exploitation of intellectual property rights is constrained by both personality rights and ownership rights. All of these rights applicable to personal genomic sequence data should be acknowledged and harmonized for such data to be used effectively.

Accounting features of intellectual property rights in museums

Keywords: objects of intellectual property rights, museum objects, accounting, financial and accounting policy, museum, license agreement
 Attitude to cultural values, their transmission to future generations, effective use in public life promotes self-identification of the nation, has a socially significant function of maintaining stability and sustainable social and economic development, is anindicator of the level of development, spiritual maturity of its citizens. The modern development of Ukrainian society is aimed at educating people with a humanistic worldview, characterized by openness to social and cultural change, dialogue. Public interest in the formation of creative personality, reassessment of values contribute to increasing attention to the cultural heritage of the past, which is stored in museum exhibitions, collections.Accounting of the museum fund (museum collection) determines the affiliation of each item to one or another part of the museum funds: the main fund of museum items or the fund of research aids, as well as museum collection items received as objects of intellectual property rights.Legislatively correct assignment of museum objects to the appropriate group of objects of copyright and related rights will allow in the future to correctly calculate and pay royalties and other remuneration for the use of such objects in the economic activities of museums.Objects of intellectual property rights for their registration must be completed and certified by relevant documents (patent, certificate, licence, etc.) in the manner prescribed by current legislation of Ukraine.The reflection of the introduction into economic circulation, use, accounting and disposal of certain acquired (created) objects of intellectual property rights as part of intangible assets, is in compliance with current legislation of Ukraine.It should be noted that objects of copyright and related rights that contribute to the cultural development of the state can be of significant economic importance both for the authors who created them and for the museum or the state.

DOMAIN NAME IN THE SYSTEM OF OBJECTS OF INTELLECTUAL PROPERTY RIGHTS

Purpose: study the actual problem of determining the place of domain names in the system of objects of intellectual property rights. The methodological basis: generally recognized methods of scientific knowledge, namely: analytical, comparatively legal, systemically structural and others. Results: the definition of the concept of a domain name in the current Ukrainian legislation was studied, a comparative analysis of the concepts of «trademark» and «domain name» was carried out, and topical problematic issues of methods and means of protecting a domain name as a separate object of intellectual property rights and as an object of different legal branches were identified, and also the suggestions for overcoming such issues were presented. Discussion: the discussion in the study is devoted to finding methods to solve the problem of determining the place of domain names in the system of objects of intellectual property rights and methods and means of protecting domain names as separate objects of intellectual property rights.

Animated Film Artist as a New Audiovisual Author

The paper deals with the status of a new author of an audiovisual work: animated film artist. The author analyzes a range of authors of an audiovisual work, considers these legal categories through the prism of foreign experience analysis, doctrinal sources and law enforcement practice. The paper describes the provisions of Art. 1263 of the Civil Code of the Russian Federation, dedicated to one of the types of complex objects of intellectual property rights, namely an audiovisual work. The author considers the legal status of a film artist and concludes that it is necessary to introduce a new subject into a range of authors of the object in question. The paper analyzes foreign experience of Romano-Germanic and Anglo-American legal systems in terms of determining a range of authors of an audiovisual work, in particular a movie and a cartoon. The author draws a conclusion about the relevance of the changes made to paragraph 2(4) of Art. 1263 of the Civil Code of the Russian Federation and cites as an example the positive experience of foreign countries that single out a film artist as one of the authors of the works under study.

Civil-law characteristics of the terms of wrap license agreements

The article is devoted to the study of the most significant features of the terms of wrap license agreements. In the domestic civil law science, the outlined topics are not properly developed. At the same time, the process of Ukrainian Civil Law recoding, attempts to reform both the Contract Law general principles and the provisions on disposal of intellectual property rights agreements, as well as globalization and European integration processes strengthening require intensification of scientific efforts. The author considers the features of wrap license agreements that directly affect their content. The contract theory and practice of the USA, Canada and the United Kingdom in the relevant field are analyzed and generalized. On this basis, the subject of wrap license agreements is formulated as the permission to use the objects of copyright and (or) related rights. It is proposed at the Civil Code of Ukraine level to consolidate the possibility of granting only non-exclusive licenses under the studied agreements. It is emphasized that under these agreements only the right to use the object of intellectual property rights could be provided. It is proved that the use of the object of copyright and (or) related rights for functional purposes coexists with its proper legal use. It is pointed to the need to ensure the possibility of temporary use of such an object outside Ukraine, if there is no term concerning the territory in the agreement. It is noted that when the licensor establishes the auto-prolongation of wrap license agreements, the licensee must be duly warned about this and provided with a transparent possibility to refuse the prolongation. The importance of establishing the non-paid presumption of wrap license agreements is substantiated. The most common in the software and databases mass markets payment models for the use of copyright and (or) related rights are named. Finally, it is concluded that it is necessary to conduct further research of the wrap license agreements and to enshrine them into the civil legislation of Ukraine.

Innovation as an object of civil relationships

This article explores innovations as objects of civil legal relations and their impact on the contract. The contract is a universal form of regulation of these relations. The analysis of scientific concepts on the objects of legal relations became the basis for the conclusion about the priority of pluralistic approaches to the objects of legal relations in general. Regarding innovation, the article argues for an inexhaustible list of them.The author argues that innovation must be technological in nature. Therefore, goods and services produced by technological innovations cannot be innovations. Products can be innovations if they have new or improved qualities.On the basis of the analysis of special legislation, it is concluded that the characteristics of innovations stipulated therein are of an economic rather than legal nature. However, some of them, such as novelty and practical suitability for improving the industrial, economic or social sphere, are the basis for the formation of legal characteristics of innovations.From the point of law view, innovation is a complex integrated legal concept, which includes several objects of intellectual property rights. It is substantiated that innovations include, first of all, objects of industrial property rights, but not only them. Innovations consist from the objects of intellectual property rights, but differ from them in the moment of their creation. Objects of intellectual property rights acquire these attributes on the basis of receipt of supporting documents or other grounds established by law, while innovations acquire a special status by virtue of confirmation of the fact of their practical introduction into production.

ДОМЕНИ, ФІРМОВИЙ СТИЛЬ ТА ІНШІ КОМЕРЦІЙНІ ПОЗНАЧЕННЯ: ОСОБЛИВОСТІ ПРАВОВОЇ ОХОРОНИ

The article considers the features of legal protection of domain names, trade dress and other commercial designations. The legal regime of the specified objects of legal protection is analyzed. It is proved that the current national legislation does not clearly define the legal regime of the domain name, corporate style (trade dress) and other commercial designations. The issue of whether a domain name, corporate style and other commercial designations can be considered as separate objects of intellectual property rights is resolved. It is substantiated that domain names, corporate style (trade dress), and other commercial designations are the newest objects of legal protection. It is proven that a domain name is not an independent object of intellectual property, but it can only be a form of use of a trademark or other means of individualization, or can be an independent commercial or non-commercial designation. It is substantiated that the rights to a domain name depend on what objects of civil rights are reflected in the verbal expression of domain names (trademark, trade name, geographical indication, copyright object, name of an individual, etc.). It is proved that the scope and content of the relevant rights to the domain, including the protection of this right, is determined by the species belonging to the object reflected in the domain name, and mainly it is an object of intellectual property. It is established that the ways to protect the rights to the domain can be transferring of the domain name to the plaintiff or termination of the domain name. It is proved that other commercial designations are a separate object of law, which is provided for by Art. 4 of the Law of Ukraine «On protection against unfair competition». It is substantiated that «other commercial designation» is a designation (brand) used by an economic entity without the registration of rights to it, for example, as a trademark. It is proved that «other designation» is inappropriate to be considered as a separate object of intellectual property, instead such designation can be protected as a copyright object (for example, a logo) or as an independent object in a competitive relationship. It is established that the corporate style (trade dress) is inappropriate to be identified exclusively with the brand. It is proved that corporate style (trade dress) strengthens the brand, «dresses» it, creating an individual style. It is justified that it is inexpedient to single out corporate identity as a separate intellectual property object, as corporate identity is a collective, complex object, the rights to which should be protected using other intellectual property objects that are «present» in this trade dress, or are dominant in it.

SOME PROBLEMS OF PROTECTION OF COMMERCIAL SECRETS

The purpose of this article is to clarify some of the problems of trade secret protection and suggest ways to overcome them. The methodological basis of the study are general and special methods of cognition. The use of these methods made it possible to describe the problems of trade secret protection. Results: the study found that breaches of trade secrets are considered by international law as unfair competition. At the same time, the laws on unfair competition in the countries of the continental (pandectic) legal system are based on the theory of confidentiality (de facto monopoly). Therefore, the foreign experience of the countries of the continental (pandect) system of law is of particular importance for the formation of Ukrainian legislation on trade secrets. Discussion: given the specifics of the studied object of intellectual property rights and based on the analysis of international experience found that national approaches to ways to protect intellectual property rights to trade secrets are not effective because they do not provide and do not provide maximum material satisfaction for the person access to which is violated, and quite severe consequences for the offender. It is proposed to improve the current legislation of Ukraine on the protection of trade secrets.