Intellectual Property Problems Research Articles

Software Engineering and Ethics: Navigating the Ethical Landscape in the Digital Age

In the unexpectedly evolving landscape of software engineering, moral considerations have emerged as an important cornerstone, guiding the moral compass of professionals in the digital age. This summary encapsulates a comprehensive assessment exploring the difficult dating between software engineering and ethics. It navigates through the moral challenges faced by software engineers, inclusive of privateer’s issues, safety vulnerabilities, algorithmic biases, and intellectual property problems. Delving into established moral choice-making frameworks, inclusive of utilitarianism and deontology, this overview analyzes their application in actual global software engineering situations. Through insightful case studies, this paper sheds mild on historic and contemporary moral dilemmas, providing treasured classes for the software program engineering community. The assessment additionally emphasizes the significance of promoting ethical practices within businesses, advocating for transparency, responsibility, and a tradition of obligation. Looking in advance, the paper discusses the future of software engineering and ethics, exploring the moral dimensions of emerging technology like artificial intelligence and the Internet of Things. By supplying a roadmap for ethical software program development, this evaluation underscores the vital for software engineers to navigate the ethical complexities, fostering a moral virtual ecosystem for present-day and future generations.

On the Issue of Copyright Protection on the Internet

This study is devoted to the consideration of certain aspects of the protection of copyrights on the Internet. Digital technologies make it possible to use any work without concluding an agreement on the transfer of the exclusive copyrights. The article notes that free use of works is a violation of personal non-property rights of authors’ science, literature and art works. Russian legal problems of intellectual property on the Internet related to the impossibility of identifying some person as the author of the work and the absence of legal mechanism for free use of works. The scientific novelty of this study lies in substantiation of possibility of using a digital work without the consent of author, but after a certain period of time. The scientific result of the study serves the proposal to introduce the procedure for fixing copyright materials on the Internet into current legislation using for obtaining some special access code to original work, in order to serve as the effective mechanism for protecting copyright.

On Russian Scientific-Technological Complex in Autonomous Conditions

The article presents a brief analysis of the socio-political situation that has developedin Russia as a result of sanctions and isolation, with an emphasis on the problems of thefunctioning of the scientific and technological complex. The problems of informational isolationof scientific organizations in Russia and the evaluation of scientific institutions of “unfriendly”countries, the possibility of correcting the volume of funding for the initiatives of theGovernment of the Russian Federation related to import substitution and the developmentof scientific infrastructure, the problems of intellectual property of “unfriendly” countries areindicated, as well as the possibilities of changing the governance of the scientific and technologicalcomplex, to obtain real results for the economy in autonomous conditions.

PROBLEMS OF POLICY REGULATION ON ROBOTICS

The article discusses the main problems in the field of legal regulation of the functioning of the robots, definition of “robot”, as well as the understanding, interpretation, and evaluation of the civil liability for the robot’s actions are viewed in the paper. The article analyses the possibility of endowing robots with legal personality, as well as various approaches to liability for damage caused by a robot to property or to a person. The question is raised about bringing the robot to criminal and civil liability. The question is raised about the regulation of intellectual property rights to an object created by a robot. If a robot creates music, a picture or text, who owns the rights to them: the robot developer or the head of the creative process, whether the robot itself. The article analyses a feature that is very important for the legal perspective of the problem – it is a turn from understanding a robot as an entertainment product to the direction of development and research of social interaction between a robot and a human. The question is raised about the need to adopt new legal norms aimed at regulating the legal status of a robot, liability for damage caused by it, as well as legal problems of intellectual property associated with the functioning of robots. The analysis of the legal frameworks regarding robots in different countries of the world is performed. The article introduces the need to develop appropriate legislative support in the field of robotics: interpreting the term “robot”, determining the legal regime of its functioning, developing a unified approach to liability for harm caused by a robot and developing uniform rules for protecting intel-lectual property rights when using a robot. Legal regulation is necessary not only at the national level, but also globally.

Patenting of an Invention and an Utility Model Whose Object Is an Innovative Medicinal Product

The research is focused on the legal regulation of obtaining patents for inventions or utility models, the objects of which are innovative medicinal products. The study of the intellectual property problems for legal protection of innovative medicinal products is relevant because such tools increase the competitiveness of the economy and promote disease treatment. The purpose of the scientific article is to establish the features of the legal regulation of obtaining a patent for an invention or utility model, the object of which is an innovative medicinal product. The scientific novelty of the study is the propositions to amend the Law of Ukraine “On Medicinal Products” and the Law of Ukraine “On Protection of Rights to Inventions and Utility Models”.
 An analysis of the norms of international documents, laws, and regulations of Ukraine, which establish the legal framework for intellectual property protection has been made. The concept of an innovative medicinal product is given. Possibilities of patenting innovative medicinal products as inventions are determined. The specifics of obtaining a patent for an utility model, the object of which is an innovative medicinal product, have been established. Peculiarities of application examination for inventions and utility models are revealed. Examples of patenting innovative medicinal products as inventions or utility models in Ukraine are given. A comparison of the norms regulating medicinal product patenting and state registration has been made.
 Gaps and inconsistencies have been identified in the legislation that regulates intellectual property rights protection in the field of pharmacy. In particular, contradictions in the legal regulation of the examination of applications for a patent for an invention or utility model, the objects of which are innovative medicinal products. Propositions for amending the Law of Ukraine “On Medicinal Products” and the Law of Ukraine “On Protection of Rights to Inventions and Utility Models” have been identified. The offered amendments are designed to improve the examination of applications for inventions and utility models, the objects of which are innovative medicinal products.

Intellectual property in theory national security

Keywords: national security, national values, national interests, national goals, intellectualproperty
 Theoretical aspects of national security, the interconnection of values, interestsand goals of the individual, society and the state, their influence on the formation ofnational values, interests and goals in order to develop a state policy on national securityand defense of Ukraine are considered. The need to take into account intellectualproperty issues in these processes has been investigated. The importance of furtherresearch on developing a unified approach to improving the intellectual propertyprotection system and defining it as an integral part of the national security and defenseof Ukraine is outlined.National security theory is built around a framework that is shaped by the socalledtriad: national values — national interests — national goals. National securityis based on national interests established on national values.Therefore, national values, interests and goals are the stumbling blocks in the developmentof guidelines for national security (laws, concepts, doctrines, strategies,programs, etc.). At the same time, national values and interests play a key role.
 Intellectual property issues are at the intersection of a set of core values, interestsand goals of the individual, society and state.Intellectual security nowadays is a leading component in the national security systembecause, on the one hand, it is connected with the growing role of intellectuallabor, protection of intellectual potential from destruction, and on the other hand –guarantees the security of human intellectual development, protects knowledge asthe most valuable intellectual resource and its the media is the person who createsthe intellectual products. Intellectual security of Ukraine guaranteeing implies makingadequate management decisions and taking consistent, well-structured organizationalmeasures.The threat to national interests and national security of Ukraine in the defensesphere are also intellectual property problems that arise in the development ofweapons and military equipment and in cooperation with foreign defense industrycompanies (investments, joint production, procurement of technology, etc.).Ineffective state policy in the field of intellectual property protection (or lack thereof)has a negative impact on national security. Under these conditions, developing ascience-based public policy on intellectual property protection is now an importanttask. Such state policy should consider intellectual property taking into account notonly economic and scientific and technical indicators, but also threats to the nationalsecurity of Ukraine.

Problems of intellectual property in the national security system of the country

The problems of intellectual property as a component of intellectual security in the national security system of the country have been considered. A statistical analysis of the registration of intellectual property in Ukraine for 2015-2019 has been carried out. The assessment of the level of intellectual security of Ukraine has been carried out on the basis of the calculation of the integrated index of intellectual security of Ukraine, which is based on the methodology of integrated assessment, the theory of factor analysis. The results confirmed that the level of intellectual security of Ukraine is low. The integrated index is in the range of the lower limit, which indicates that the state underestimates the importance of preserving, developing and increasing intellectual potential. The low level of intellectual security of Ukraine is largely due to the destructive influence of inhibitory factors, which over time can take the form of real threats. Given the diverse nature, sources and forms of manifestation, the threats of regulatory, institutional, organizational and managerial, economic, subjective, social, global and related nature, which have a destabilizing effect on the state of intellectual security of the state have been distinguished. Special attention was focused on structuring threats to intellectual potential as a strategic resource for strengthening the economic security of Ukraine. In order to achieve the strategic goals of innovation development of the state, the Strategy of development and rational use of intellectual potential to strengthen economic security of the state has been proposed. The main purpose of this strategy consists in strengthening the economic security of Ukraine on the basis of development and rational use of intellectual potential harmonized with intellectual security threats in the economic security system of the state.

Efficient Key-Gate Placement and Dynamic Scan Obfuscation Towards Robust Logic Encryption

Logic encryption has emerged to be a potential solution to the problem of Intellectual Property (IP)-Piracy and counterfeiting. However, in the recent past, several attacks have been mounted on existing logic encryption strategies to extract the secret key. SAT attack, the most predominant one among them, exploits the unprotected Design-for-Testability (DfT) infrastructure as a backdoor to launch attacks on sequential circuits. Protecting the DfT infrastructure is of paramount importance to ensure the security of an Integrated Chip (IC). In this paper, we propose a new logic encryption scheme which dynamically obfuscates the scan operation for an unauthorized attempt of scan access. A detailed security analysis on the proposed secure DfT infrastructure demonstrates its ability to thwart SAT attack without compromising the testability of the design. A methodical key-gate placement strategy enables the proposed scheme to eliminate the leakage of key information through weak key-gate locations, offering protection against path sensitization and logic cone based attacks. Unlike other state-of-the-art SAT preventive schemes, our proposed method does not suffer from poor output corruption, which is a fundamental requirement of a logic encryption scheme.

Achieve synergy of the effects of innovation in the information business

In the article there are researched the main directions to achieve synergy effects of innovations in the information business. There is shown the method consolidation as a necessary condition for increasing the profitability of companies of the information field, and нейтрализации its negative factors. There are considered problems of intellectual property in the information economic. Based on statistical, studies it was concluded, that specific of software products is their biggest insecurity as intellectual property. So, often the solution of this problem is drawing up terms of patenting and licensing of this activity by the state.

TRANSFER OF EXCLUSIVE RIGHTS ON OF INTELLECTUAL PROPERTY

In this article the concept of intellectual rights is discussed as well as the most important problems of intellectual property’s transfer and the ways to solve these problems. The article is devoted to a comprehensive study of ways to transfer exclusive (intellectual property) rights. The characteristic features of licencing agreements, alienation agreements and other agreements in the fi eld of intellectual property transfer are highlighted and described. This article is an attempt to reveal the main causes of the legislation’s imperfection as a consequence of the lack of theoretical research in this area. The legal nature of the agreement on the transfer (sail) of intellectual property is determined. Substantial restrictions on the transfer of intellectual property by primary owners are proposed. A new criterion of intellectual property law theory is highlighted. The new author’s classifi cation of intellectual property contracts is given. We propose measures to improve the legal regulation of pledge in intellectual property law. The main problems of exclusive rights and authorised (share) capital and options for overcoming them are given. The practical and theoretical problems of applying commercial concession (franchising) are analysed, a new criterion of legal relations related to commercial concession is proposed. All the proposed conclusions are the result of a long scientifi c work and practical protection of intellectual property rights as an attorney at law.

ІНТЕГРАЦІЙНІ ПРОЦЕСИ В ІННОВАЦІЙНОМУ ПІДПРИЄМНИЦТВІ УКРАЇНИ

The article considers the problems and conditions of promotion of innovations in the innovative activity of industrial enterprises in the conditions of European integration. Research objectives are the analysis of the current state of innovative development of Ukrainian industrial enterprises and the identification of specific innovation strategies with relevant examples in domestic and foreign markets. Alternatives of innovation strategies for enterprises with relevant examples of specific enterprises and the use of marketing tools are described. The main research methods are used: general scientific – analysis of state and regional statistics, market surveys and forecasts, generalizations, analogy, data synthesis, hypothetical method and special – media monitoring, benchmarking. To solve the problems of promoting innovative products in Ukraine, a special algorithm is substantiated and proposed, which includes monitoring public spending on research and development, establishing feedback from the public sector research to industry, solving intellectual property problems and tax incentives, solving acute research problems. personnel through the creation of regional and state university associations, identification of priority areas such as support for eco-innovation, promotion of clean technologies, creation of centers of competence in industrial structures, integration of industrial entrepreneurship into the European Research Area. It was summarized that for the formation of the innovative policy of industrial enterprises, it is recommended to use a marketing approach, which provides for the preliminary formation and design of a new product based on the results of modern marketing research in order to promote innovative products to regional and foreign markets. It was emphasized that the promotion of innovative products is one of the most important areas of activity of industrial enterprises and a very important indicator of the state of the country’s economy as a whole.

Bibliometric Analysis of Dissertation Research on Intellectual Property Rights in Ukraine

Modern society is characterized by the widespread distribution of objects of intellectual property rights. The article analyzes the state of dissertation research on intellectual property issues which has been conducted in Ukraine since the time of proclamation of its independence and to the present days. The topicality of the study is due to the fact that the results of intellectual activity determine the strategy and tactics of socio-economic development of any country. The components of intellectual activity are the intellectual capital, embodied in the form of experience, knowledge, skills, qualification of a person. The growth of the role and importance of intellectual activity in the social relations of the society necessitates the solution of the main problem issues: the normative and legal support of intellectual activity; rational use of the results of intellectual activity; effective protection of objects of intellectual property rights, protecting the rights of subjects of intellectual property rights. Reliable guarantees of acquiring and protecting intellectual property rights are an integral part of the statehood of each civilized country. One of the sources of highlighting the study of any case is the provision of conclusions and recommendations for solving problem issues, dissertation researches. The article analyzes the quantitative distribution of dissertation research on intellectual property issues according to scientific specialties, scientific institutions, in which they were defended. It was found out that the proportion of dissertation research on intellectual property problems in legal sciences is 77 %, in economic sciences, respectively, 19 %, in other sciences - 4 %. Among legal sciences, 60 % of scientific theses have been defended on specialty 12.00.03; respectively, 19 % - on specialty 12.00.07; 6.8 % - on specialty 12.00.04; 5 % - on specialty 12.00.08; 3.6 % - on specialty 12.00.09; 2.2 % - on specialty 12.00.01; 1.8 % - on specialty 12.00.11; 0.4 % - on specialty 12.00.02; 0.4 % - on specialty 12.00.05; 0.4 % - on specialty 12.00.12. Among the dissertation research in the economic field of intellectual property rights, the work on specialty 08.00.04 was the most defended - 32.7 %; respectively, on specialty 08.00.01 - 21.8 %; on specialty 08.00.03 - 12.8 %; on specialty 08.00.02 - 7.3 %; on specialty 08.00.09 - 7.3 %; on specialty 08.01.01 - 5.5 %; on specialty 08.00.07 - 3.6 %; on specialty 08.00.08 - 3,6 %; on specialty 08.05.01 - 3.6 %; on specialty 21.04.01 - 1.8 %.

A Study of Intellectual Property Right on Micro Small and Medium Enterprises: Case Study TanjungBumi Batik

The contribution of Batik industry have exceptional influence for the Indonesian economy. The value of batik and batik products in 2017 reached 58, 46 million us dollars. Indonesian batik is exported to Japan, United State of America, and Europe (Cabinet Secretary Republic Of Indonesia, 2018). In giving incentive towards creativity and innovation to the batik industry, the government have an important role as a regulator. This research used qualitative and investigation method. The local government as a stakeholder or extension of central government play an active role in solving the problems ofintellectual property right especially in batik industry. This will be an incentive for the batik creativity and innovation in the long term.

LEGAL CAPACITY OF ARTIFICIAL INTELLIGENCE

Digitalization of the economy makes research in the field of artificial intelligence relevant. The introduction of robots in all spheres of human life gives rise to problems of responsibility for the actions of artificial intelligence, for example, in the event of an accident involving an unmanned taxi. No less relevant is the problem of intellectual property in the results of intellectual activity. Who should be considered the author of a work created by artificial intelligence: the robot itself, man? These practical problems entail the need for a scientific and theoretical understanding of the personality of the robot. The article explores the basic approaches to understanding artificial intelligence, its types. It is determined as the degree of autonomy of artificial intelligence can determine its legal personality.

Анализ основных проблем развития института интеллектуальной собственности в России

Анализ основных проблем развития института интеллектуальной собственности в России

A Study of the Effect of Implementing Intellectual Property Education with Digital Teaching on Learning Motivation and Achievements

The emergence of e-learning created new education and diverse environment, conforming to the rapid change in modern society. The high acquisition characteristic breaks through the restrictions to time and space of traditional teaching, and the international emphasis on the problem and development of intellectual property is thoroughly presented on various international conferences and international conventions. The practice on education promotion could enhance the understanding of intellectual property and present the mission to practice intellectual property law, i.e. effectively transforming learners to further enhance the concept of intellectual property. Taking a university in Guangxi as the research object, total 198 students in four classes are proceeded the 16-week (3 hours per week for total 48 hours) experimental teaching study. The research results conclude the effects of 1.Digital Teaching on motivation to learn, 2.Digital Teaching on learning outcome, 3.motivation to learn on learning effect in learning outcome, and 4.motivation to learn on learning gain in learning outcome. According to the research results, suggestions are proposed, expecting to cultivate students understanding the full chain of intellectual property and realizing the property and legal norms behind intellectual property problems and the applicable approaches.

Intellectual property problems of biodiversity in multi-dimensional perspective

The characteristic of biodiversity is the country or national ownership of biodiversity resources, while intellectual property protects private interest and emphasizes privatization. The conflict between them directly results in the weak protection of biodiversity; as a result, many economic benefit disputes generates between the developed countries and the developing countries. Therefore, coordinating the correlation between biodiversity and intellectual property becomes especially important. Though the Convention on Biological Diversity (CBD), Trade Related Aspects Intellectual Property Rights (TRIPS) and International Union for the Protection of New Varieties of Plants (UPOV) convention have made stipulations, the complete coordination is still difficult to be realized due to the limitations. Biodiversity is impossible to be the object of intellectual property, but biotechnological products or traditional knowledge produced because of the application of biodiversity can be the direction of intellectual property protection. China which is a great power in aspects of biodiversity resources and biotech cutting-edge technology not only has to keep the biodiversity of China away from infringement, but also needs to positively involve in intellectual property laws formulation and international corporation, maintaining the common interests of the developing countries, and make contributions to the intellectual property protection of biodiversity.

Obiektywistyczna teoria prawa własności intelektualnej i jej krytyka

Among many libertarian theories of property, the objectivist “creationist” is one of the most interesting – especially when applied to the problem of intellectual property. First, it is deontological and rules out fiduciary titles to ideal goods based on the positive law. Second, it legitimizes both patents and copyright and regards these institutions as kinds of property. This of course poses a challenge for a system that claims that a right to (acquire) property is absolute. Third, Ayn Rand’s philosophy cherishes great minds of entrepreneurs, inventors and artists, thus making its stance on IP even more significant. Set in Lockean desert-justice, labor theory of property, objectivism claims that an act of projection of a labor onto the nature comprises both physical and mental aspects. A thing to be appropriated needs to be recognized as “a good” first (and thus it is created; moreover, ideal goods are created ex nihilo). Although, the creationist theory cannot overcome the difficulties produced by equally absolute titles of things and ideal goods (and thus it is to be regarded as inconsistent), it is interesting for the legal philosophers and jurists alike. It evokes not only the question of axiological basis for the intellectual property, but also of the correctness of propertarian model of copyright and patents.

Exploring the Barriers of Public Digital Cultural Resources Integration in China: A Survey

AbstractIn recent years, stronger collaboration between China’s public cultural institutions had led to the creation of several public digital cultural resources integration projects, yet certain factors have still hindered the development of the digital integration. In this study, the potential impeding factors were found via literature research and interviews. A questionnaire survey was conducted to investigate the opinions of employees at China’s public cultural institutions regarding these factors. It can be concluded from the survey that the barriers are the institutions’ lack of willingness and capacity to cooperate, segmented management systems, lack of management for the integration projects, intellectual property problems, insufficient policy support, lack of unified standards, lack of diverse sources of funding, and lack of awareness by governments and institutions. The solutions are also discussed.

게임 소프트웨어의 개발사와 퍼블리셔 간의 지식재산권 문제에 관한 고찰

게임 소프트웨어의 개발사와 퍼블리셔 간의 지식재산권 문제에 관한 고찰