Protection Of Intellectual Rights Research Articles

Digital Intellectual Property and its Protection

Purpose — to determine the meaning and content of new terms of the theory of law, which will later be used in other branches of law. To actualize the problem of digital intellectual property objects. Identify the gray zones of legal regulation that have arisen in practice and analyze changes in judicial practice in 2022-2023. Methods. Classical methods are used. It showed high efficiency: a comparative legal, dialectical-materialistic method, formal-legal. Results. The list of intellectual property objects is expanding. New entrepreneurial activities are emerging, based on the collection of information and the creation of 3D models. Gaps in legislation lead to many years of litigation, unforeseen expenses, the inability to determine the outcome of a legal conflict. As a legislative proposal: to eliminate the identified problems, it is advisable to revise Article 1225 of the Civil Code of the Russian Federation "Protected Results of Intellectual Activity and Means of Individualization" taking into account those objects that have formed in the construction sector. Discussion. Actualization of problems in the terminology of the theory of law, which create difficulties in the application of legal norms in various types of legal activity. Increasing the importance and scientific value of interdisciplinary research. It is necessary to unify terminology affecting digital intellectual property objects in various branches of law. The protection of intellectual rights can be strengthened.

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.

Features of Organizing Parallel Import in the Russian Federation

Parallel imports today are one of the main tools for stabilizing and supporting the Russian economy. The reason for the legalization of parallel imports was the anti-Russian sanctions introduced in the spring of 2022. The article refl ects the features of the organization of parallel imports in the Russian Federation, in particular, its essence, implementation mechanism, history of development in the Russian Federation, legal regulation. The article analyzes the reasons for the legalization of parallel imports in the Russian Federation. The author assesses the volumes and features of parallel imports in the Russian Federation. The article identifies a number of problems in implementing the parallel import scheme, which the author includes: the lack of legislative regulation of parallel import, the low level of protection of intellectual rights in the Russian Federation, diffi culties with warranty service, etc. The article reflects that the legalization of parallel imports under sanctions is becoming one of the relevant and effective ways of conducting foreign trade activities. The author of the study states that the peculiarities of organizing parallel imports also carry certain risks for the Russian market. The author reflects that the legalization of parallel imports in Russia is an emergency measure that is not capable of completely replacing the scarce supplies of imported goods and is aimed only at stabilizing the economic situation in the short and medium term.

Biotechnologies and patent law: The case of European Union

The rapid development of biotechnologies requires taking comprehensive steps to actualise and consolidate actions. In order to introduce new technologies into life in the most rapid and appropriate way, it is imperative to establish mechanisms and instruments that meet contemporary challenges. This article presents an overview of institutional innovations of the European Union, which create favourable conditions, including for the protection of research results in the field of biotechnology. At the same time, this paper highlights new risks arising from the “information hunt” implicitly announced in the field of biotechnology. Particular attention is paid to the efforts to cooperate and harmonise approaches to the protection of intellectual rights in the biotechnology realm by the European Union and the European Patent Organisation. For the purposes of this article, one of the key factors in considering the new European Unitary Patent System through a biotechnologies perspective is the fact that the acts governing the activity contain distinctive provisions that are specific to biotechnologies. The latter manifests both in the acts introducing the System and in the current format of the Unitary Patent Court. The article states that the EU is endeavouring to provide the new institution with digital tools. Such tools are provided both at the stage of familiarising oneself with the rules and procedures of the Unified Patent Court and for performing key actions when dealing directly with a European unitary patent. However, the digitalisation of some procedures entails certain risks, primarily related to data security (e.g., sensitive development data or personal data of people involved in biotechnological developments may be made public). Once biotechnology development data are lost, there are serious consequences, both financial and scientific. In this regard, the article points out what protection formats are currently proposed and indicates that there is a need to further develop this field.

Risks and Prospects of Creativity Tokenization

Objective: tokenization of creativity, alongside with cryptoeconomy and Web3 network infrastructure, is a notable trend in the development of modern society in the third decade of the 21st century. The objective of this article is to explore the risks and prospects emerging in the process of disposition of the creative labor results in the form of non-fungible tokens.Methods: the research methodology is based on analysis of varied viewpoints on the problem, including diametrically opposing concepts. The opposing views of the observers manifest their attitude to tokenization of creative products as a speculative scheme, on the one hand, and a promising tool of creative industries development, on the other.Results: the probable negative consequences of tokenization of intellectual activity results are identified; author’s recommendations on managing these risks are given. Another result of this publication is analysis of economiclegal prospects stemming from tokenization of the objects of copyright and neighboring rights by the example of musical pieces.Scientific novelty: it consists in presenting and substantiating a hypothesis that the relations formed in the musical industry under the modern sociocultural and technological realities will be reproduced in other creative industries. Also, scientific novelty consists in the analysis of prospects of tokenization of such results of intellectual activity as gaming artifacts, works of traditional and digital visual arts, patents and scientific achievements. The use of nonfungible tokens the ecosystem of network computer games will allow gamers to buy and sell rights to game pieces autonomously from game publishers. Tokenization of industrial property objects and individualization means will ensure protection of intellectual rights of their authors while waiting for the issuance of a state protection document. In the modern society, there will be many of those wishing to become an owner of a token for a scientific work, as the popularity of science and innovations is constantly growing in developed countries. Ownership of a token for a scientific work will be regarded a moral investment, increasing the prestige and status of its owner. Tokens for scientific works have a high potential as a means of measuring value in a post-economic society.Practical significance: it consists in the description of innovative means of using creative products and business models based on tokenization of the results of intellectual activity, ready to be implemented in practice.

USING THE GLOBALIZATION EXPERIENCE OF THE WORLD'S LEADING COUNTRIES IN THE FIELD OF INTELLECTUAL PROPERTY PROTECTION IN UKRAINE

In this scientific article, the author examines modern trends in the development of intellectual potential and protection of intellectual property based on the globalization experience of the world's leading countries – the USA, Germany, Great Britain, Sweden and France. The author focuses on the fact that their positive experience can be used by Ukraine, because the intellectual potential and the system of protection of intellectual rights in our country in the conditions of globalization and dynamic development of information technologies are exposed to much greater risks and threats, and the current legislation has long since not covered the necessary spectrum legal regulation of intellectual property relations. In particular, the experience of the USA can be useful in the formation of reliable legislative regulation, the creation of an effective Strategy for the development of Ukrainian intellectual property for the coming years, the establishment of stricter responsibility and control over the observance of intellectual property rights. The benefit of Great Britain's experience can be obtained if we go the way of establishing partnership and cooperation of our country in the investigated area, as well as establishing a tougher penalty for violations in this area. It is also appropriate to borrow the conceptual foundations of combating crime in the field of intellectual property, to develop plans for its prevention and countermeasures. The German experience will be useful in the following aspects: borrowing the desire for reliable and simple legislation, establishing an open type of relations between the state in the form of its authorized bodies that conduct their activities in the field of intellectual property, with citizens (right holders) in the information field, increasing educational and innovative level of development of the population of Ukraine. The use of Swedish experience may take place when borrowing Swedish technologies for the protection of intellectual property, in particular, the use of blockchain technology. The French practice of dynamic and innovative updating of legislative acts can be useful in the process of revising and modernizing the national legislation of Ukraine.

Protection of Intellectual Property Rights from Cyber Threats in the Global Information Environment

The encouragement of creative, scientific, inventive activity and business competition largely depends on the solid protection of intellectual property and related rights on the internet. The problem of such protection lies in the transnational nature of the internet, the absence of a unified centralized management, the difficulty of proving infringements, as well as in the insufficient regulation of this issue. This article analyses the protection of intellectual property rights on the internet in Ukraine, the potential and real threats to them in the cybernetic domain, and the key areas of related activity of state bodies and individuals. The research uses a method of synthesis and analysis, comparative legal analysis, and systemic and formal-logical methods. This article analyses the normative legal documents of Ukraine on intellectual property and rights on the internet, points out their shortcomings, and provides advice on their use. Recommendations are given on how to ensure the protection of intellectual rights through preventive measures and subsequent judicial and extrajudicial proceedings, indicating ways to ensure cybersecurity in relation the intellectual property of individuals.

Характеристика адміністративно-правового регулювання інтелектуальної власності: генеза розвитку

The article is dedicated to a comprehensive study of theoretical and practical issues of administrative and legal regulation of Intellectual Property (IP) as the main element of innovative activity. A particular research has been conducted into the scientific background of administrative and legal regulation of intellectual property. The role definition of intellectual property in the innovative development of the state economy and Ukrainian society is highlighted. The mode of formation, i.e. genesis of administrative and legal regulation of intellectual property is outlined as well as expansion of legislation in this particular sphere is analyzed. The administrative and legal aspects of regulating the activities of intellectual property protection entities are specified. The research denotes some growing tendencies of intellectual property law and a number of directions in its further progress which is expressed in globalization of the law and in transition from protection of material property rights to information protection. It is stated in the article that existing intellectual property model or paradigm as well as administrative and legal regulation establishment do not reflect the characteristic, concrete public relations in a modern information society. The priority of the principle of full control of the right holder over the use of the object of intellectual rights leads to the fact that the development of legislation in the field of intellectual property is carried out in the form of strengthening the protection of intellectual rights, i.e. without adapting to the needs of the information society and innovative activity. It is emphasized that formation of conceptually unified single legal space for administrative and legal regulation of intellectual property directly determines efficiency of the process of an innovative development itself. Compliance to conceptually unified approach at developing strategy will definitely determine the outcome.

Мерч-продукция и мерчандайз-активность как объекты гражданских прав при экономике впечатлений

Today, such objects of civil legal relations, such as merch-products (stylized clothing, attributes) and merchandise-activity, are becoming increasingly important, that is, visiting thematic parks, quests and other activities, allowing you to plunge into the world of your favorite films and books. Consumers are not enough to receive standardized goods, they need impressions that meet their unique aesthetic and cultural preferences. The article discusses the legal aspects of the phenomenon of fan activity and related issues of protection of intellectual rights. According to the resuits of the article, the urgency of the doctrine of fair use is noted, according to which the free dissemination of the results of intellectual activity during merchandis activity is allowed, if it contributes to the development of arts and cultural progress. Currently, however, neither the Civil Code of the Russian Federation nor any other applicable regulation mentions concepts referring to merch or merchandise. Disputes relating to fan activity are governed by the general principles of civil law as well as by the provisions of Part 4 of the Russian Civil Code dealing with copyright or trademark protection. For example, according to Article 1482 of the Civil Code of the Russian Federation, verbal, pictorial, volumetric and other designations may be registered as trademarks. Accordingly, under Russian law, local producers of confectionery products may also be sued for selling cakes with an image of Cinderella or Bambi by representatives of the rights holder of the relevant trademark. However, the application of the general provisions of the Civil Code to obligations arising from such unique objects of civil legal relations as children's parties, quests, participation in theme camps, role-playing games or other merchandising activities has certain peculiarities. The protection of exclusive rights in these markets must take into account the goals of stimulating innovation and cultural and technological progress. In our country, the three-step test is partly enshrined in Part 5 of Article 1229 of the Civil Code of the Russian Federation, according to which the use of the results of intellectual activity is allowed without the consent of the right holders if it does not cause unjustified damage to the ordinary use of intellectual property or otherwise infringe upon the legitimate interests of the right holders. In addition, Article 1274 of the Civil Code permits free use of the work for informational, scientific, educational or cultural purposes. Consequently, merchandising activity cannot be recognised as infringing the interests of right holders because, based on the systematic interpretation of Articles 1229 and 1274 of the Civil Code of the Russian Federation, a fan reworking does not displace the original work from circulation. The author declares no conflicts of interests.

Analysis of Regulatory Approaches in the Field of Ensuring the Protection of Intellectual Rights of Artificial Intelligence: Experience of Foreign Countries and Prospects for Public Law in Russia

Analysis of Regulatory Approaches in the Field of Ensuring the Protection of Intellectual Rights of Artificial Intelligence: Experience of Foreign Countries and Prospects for Public Law in Russia

Current problems of protection of intellectual rights in the Russian Federation: social and political aspects

Current problems of protection of intellectual rights in the Russian Federation: social and political aspects

INTERNATIONAL ASPECTS OF INTELLECTUAL PROPERTY RIGHTS PROTECTION

The article is devoted to the study of the main aspects of international protection of intellectual rights. The authors consider a number of international conventions and treaties, as well as the main provisions of cooperation between WIPO and the WTO under the Agreement on Trade-Related Aspects of Intellectual Property Rights. International treaties form a network that serves all member states, depriving them of the opportunity to act arbitrarily, at their discretion. They establish common norms and standards of IP protection, deviation from which is punishable by sanctions. By signing such treaties, states agree to partially abandon their own IP laws and follow the path of convergence with the laws of other countries. Such agreements exist for almost all categories of IP. The international system of public administration procedures in the field of intellectual property today is based on two conventions concluded in the late XIX century: Paris Convention for the Protection of Industrial Property of 20 March 1883 (Paris Convention) and the Berne Convention for the Protection of Literary and Artistic Works of 9 September 1886 (Berne Convention). These two Conventions played a fundamental role in the subsequent development of legal institutions. In the modern world, a certain system of international legal regulation of related rights has already developed, which directly affects the European related law, since, in particular, the norms of international law form the basis of the legal system of the European Union, and form international, including European, standards of intellectual property rights, including copyright and related rights. The main institutions dealing with IP protection on a global scale are the World Intellectual Property Organization (WIPO), the World Trade Organization (WTO) and the United Nations Educational, Scientific and Cultural Organization (UNESCO). All member states of the European Union, as well as the European Community are members of the WTO organization, which has gained great importance in the field of intellectual property in connection with the adoption of the TRIPS Agreement. The reason that prompted states to choose a forum other than WIPO to negotiate this agreement was the growing dissatisfaction with the existing contrast between the precision, elegance, even sophistication of the treaty documents that were negotiated at WIPO and the inadequacy of the means to ensure the practical implementation and uniform interpretation of these treaties in different countries. The TRIPS Agreement addresses five important issues: the principles of the trade system and international agreements on intellectual property, the minimum level of protection of intellectual property rights, measures to enforce these rules, the procedure for resolving disputes in the field of intellectual property, as well as transitional measures during the implementation of the systems. Ukraine is a party to more than 50 multilateral and bilateral international treaties on intellectual property. Therefore, it is advisable to determine the role of international standards in the system of intellectual property rights protection as integral components of the national legal system in Ukraine. This has become especially important since 24.02.2022 due to the outbreak of a full-scale war on the territory of Ukraine. The occupation of the territory of Ukraine by Russian invaders and the theft of industrial infrastructure, cultural heritage, art objects, which are also objects of intellectual property. Absolutization of copyright and related rights protection does not automatically mean bringing such protection to international standards. Recently, in Europe and the United States there has been an understanding of the need to find a consensus between the interests of copyright and related rights holders and the interests of society for access to cultural heritage. It is necessary to amend the legislation of Ukraine in order to harmonize the interests of copyright and related rights holders and the interests of society for access to cultural heritage, in the context of introducing only the minimum requirements of international legal acts for the protection of copyright and related rights and simplifying access to copyright and related rights.

Legal regulation of the implementation of innovative strategies at the enterprise

The article considers the modern system of normative and legal regulation of the implementation of innovative activities in the economy of Ukraine. The range of key principles in the state policy of innovative activity regulation, which are necessary to be taken into account in the system of regulatory and legal support, is outlined. Separate provisions of the concept of innovation law and its key provisions, which have a significant impact on the formation of the strategic potential of innovative development, have been studied. It was determined that the modern system of regulatory and legal support for innovative development in the national economy as a whole form a sufficient basis for the regulatory mechanism, but it is characterized by an insufficient level of influence on modern innovation processes. The priority areas and areas of strategic state regulation of innovative development in the economy of Ukraine for the period up to 2030 have been studied. The analysis of the current state and dynamics of the level of innovative activity in the national economy in the context of the world ranking of countries showed that Ukraine has been losing its positions in the ranking over the past four years. The analysis of certain aspects of state financing of the scientific and technical development in Ukraine's economy in comparison with the countries of the EU and the USA showed that the level of expenditures in Ukraine for scientific and research work in relation to GDP does not exceed 0.47%. Taking into account modern realities, a scheme of regulatory and legal support for the implementation of innovative strategies by national enterprises is proposed. The main problematic aspects of the implementation of innovative strategies at the enterprises of the Odesa region were revealed by means of a questionnaire. It was determined that one of the directions for solving these problems is the creation of an internal corporate system of regulatory and legal support for strategic innovative development. Prospective directions for further improvement of the legal basis of strategic regulation of innovative activities of the national economy should take into account global digital trends, in particular, in the protection of intellectual rights, ensuring free access of recipients of innovations to the market of innovative products and investment resources, optimizing the cost of patenting, facilitating its current procedures. Keywords: normative and legal regulation, legislative framework, innovations, innovative development, innovative activity, strategy, enterprises, business entities

A NEW ECONOMIC MECHANISM IS A PREREQUISITE FOR THE INNOVATIVE DEVELOPMENT OF THE STATE

The article is devoted to the review of economic system as an organic integrity that develops according to its internal objective laws. The article substantiates the innovative development as an essential condition for surviving in global economic space, analyzes the innovation state of economy in pre-war Ukraine, determines the reasons for the low-level development of new technologies in the country, that are hidden in the weak technical equipping of the working population, presents the data about rapid physical and moral depreciation of the material and technical base in all the spheres of national economy in the country. The problem of business entities lack of economic interest to invest in innovation is also considered, primarily due to the fact that venture investments are meant, that is, investments with a high degree of risk, limited financial capability of potential investors, as well as insufficient assistance from the state due to the imperfect economic and financial policy, being the result of the underdeveloped economic mechanism as such. The article reviews the evolution of the formation of a modern efficient economic mechanism, where the state cooperates with corporations and other economic entities that can be seen in the combination of planning in the form of various techniques and existence of the market and economic interest of its subjects. The world experience of state support and implementation of new technologies that increase the labour productivity is studied, and the economic mechanism of different countries is considered, that stimulates the transition of the economy to an innovative model of development, which is extremely important in the post-war period for the formation of many elements of the economic system from the ground up. As recommendations, the article highlights the necessary actions on the part of the state for the transition to a new economic mechanism and the main directions of innovation policy in Ukraine. The importance of the formation of new institutions that will promote the development of new technologies in the country and the formation of innovative infrastructure, as well as the adaptation of the financial system to support these institutions, is noted. The importance of providing state protection of intellectual rights as one of the crucial conditions for the innovation development in Ukraine is highlighted.

LEGAL FRAMEWORK OF MARINE GENETIC RESOURCES: FILLING THE GAPS OF THE UNITED NATION CONVENTION ON THE LAW OF THE SEAS

Objective: We seek to understand the definition of marine genetic resources and marine biological resources, placing it in the historical context of narratives of international law of the sea. We seek to look into the content of common heritage of mankind towards MGRs. We seek to analyze the international legal framework of extraction and use of MGRs while securing easy access to them in accordance with the concept of common heritage of mankind. We seek to investigate the international legal regulation of biopiracy in legal research. The authors consider the importance of necessity to fulfil the lack of the universal definition of biopiracy in relation to MGRs in International Law of the Sea.Methodology: The research uses general scientific and special cognitive techniques wherein legal analysis and synthesis, systemic, formal-legal, comparative-legal, historical-legal and dialectical methods are applied.Results: We found out that for the first time ever, the legal protection of the intangible MGR heritage belonging to indigenous peoples and local communities is going to be universally fixed by maritime law.  The law will also establish a special mechanism to control the concerned parties’ access to this knowledge. The traditional knowledge of indigenous peoples falls within the definition of intangible cultural heritage. This fact raises a question about an overlap between the future Agreement and the Convention for the Safeguarding the Intangible Cultural Heritage. Though the sphere that is going to be regulated by the future Agreement is very specific, many of its provisions build upon the previously adopted international legal instruments like the UN Convention on the Law of the Sea, the Convention on Biological Diversity, and the IOC Criteria and Guidelines on the Transfer of Marine Technology. Moreover, the scope of the Agreement might overlap with the scope of other international instruments, which have nothing to do with marine law, marine ecology, and marine biodiversity, e.g. the Convention for the Safeguarding the Intangible Cultural Heritage.  All the aforementioned aspects should trigger further studies of the legal framework of marine genetic and biological resources. The authors came to the conclusion to extend the concept of the common heritage of mankind to marine genetic resources and we found out the fact that the lack of international legal regulation of the extraction and use of marine genetic resources while securing facilitated access to them in accordance with the concept of the common heritage of mankind, which may lead to an increase in the commission of acts of biopiracy.Contributions: Following a review of the content, we raised possible problems, strategies, suggestions and guidelines for the marine genetic resources and biopiracy.The authors conclude that the implication of the principle of the common heritage of mankind to MGRs may further generate conflicts of law because it is impossible to imply this principle to the high seas. On top of it, the simplified access to MGRs together with the lack of protection of intellectual rights to MGRs and genetic information may result in the overexploitation of marine and oceanic resources as well as the spread of biopiracy. We also point out that it is necessary to find a balance between the freedoms of the high seas, the safeguard of MGRs, and the protection of intellectual property rights to genetic information or marine biotechnologies. The researches considered the distinction between the concepts of marine biological and marine genetic resources and revealed the problems of international legal regulation of the use of marine genetic resources. The authors conclude that generalization of the international legal framework for regulating the use of marine genetic resources needs legal improvement. The authors encourage the complement to the international legal regulation of the universal definition of marine genetic resources and biopiracy.

PENGUATAN BUDAYA TENUN ATBM PADA LURIK TRADISIONAL DI PEDAN KLATEN (MITRA: SUMBER SANDANG TENUN DI PEDAN)

Until now, integrated textile industry centers in Indonesia are very rare, apart from the integrated textile industry with the Pekalongan batik craft in Central Java which is synergistic with the growth of the fashion business and the proliferation of tailors and fashion design. However, this landscape can be found in Pedan Klaten Subdistrict, which is a production center for ATBM weaving whose business growth is increasingly strengthening into an integrated area. Pedan Klaten's original ATBM weaving has always been known to be very skilled and detailed in its work so that the resulting product is very smooth and can be tight with the main motif is lurik. In particular, the formulation of the problem posed, how to develop lurik design innovations in responding to the challenges of global fashion trend competition? And, how is the concept of lurik lyrics getting more and more glimpsed by all circles of society not just a fashion function application but the formation of an integrated lurik industrial area as a tourist area? The hope is that Pedan, who has a long history of lurik craftsmen, can improve the welfare of the community and have a widespread socio-cultural impact as a fashion tourism area that the world community is eyeing. The problems to be resolved, including; (1) Strengthening the Lurik Pedan brand as a pioneering integrated tourism-industrial area. (2) The E-Commerce system has not been maximized in strengthening the Marketing Communication (MARCOM) system as an effort to increase sales turnover and strengthen business strategies. (3) There is no legal protection for intellectual rights, IPR for each of its superior products. (4) The design innovation assistance has not been intensive yet so that it can participate in national and international exhibition events. (5) The lack of interest in lurik as a subject of study in international scientific publications. Output targets to be achieved (1) Strengthening the Lurik Pedan Branding Strategy program as a pilot for an integrated tourism-industrial area. (2) Optimizing the ECommerce system in strengthening the Marketing Communication (MARCOM) system as an effort to increase sales turnover and strengthen business strategies. (3) Socialization of regulations and legal assistance for intellectual rights protection, through IPR registration for each of its superior products. (4) Providing intensive design innovation assistance in national and international exhibition events. (5) Conduct international scientific publications (both seminars and journals). The method used is that the Team carries out a mentoring program through regular workshops and is always oriented to the problems faced by Partners. This assistance is expected to be able to assist Partners in solving both technical and non-technical problems

Merchandise-Activity as an Object of Civil Law and the Doctrine of Fair Use

The article discusses the legal aspects of the phenomenon of fan activity and related issues of protection of intellectual rights. The features of such an object of civil law as merchandise-activity of fans of certain audiovisual or literary works are analyzed. Special attention is paid to the aesthetic theory of J. Dewey about the value of creativity in the context of social communications: repetition and copying can be key components of the learning, creativity and innovation process. According to the results of the study, there is a conclusion about the relevance of the doctrine of conscientious use, according to which the free dissemination of the results of intellectual activity during merchandise-activity, if it contributes to the development of arts and cultural progress.

Transformation of Mechanisms of Intellectual Rights Protection in the Context of Development of Virtual and Augmented Reality Technologies

The paper examines the main mechanisms for protecting intellectual rights and liability for their infringement when using virtual and augmented reality technologies. The author notes that the market for these technologies is still experimental. Analyzing the prognostic information of experts in the field under consideration, the author identifies the most effective technical means of protection, as well as mechanisms of responsibility for infringement of intellectual rights in the implementation of these technologies. Digital fingerprint technologies, digital marking of works, as well as copyright traps are included into technical means of protecting intellectual rights. The author highlights difficulties in the implementation of jurisdictional forms of protection of intellectual rights when they are infringed in virtual and augmented reality. In this regard, it is concluded that it is necessary to form an electronic justice system to consider disputes concerning intellectual rights in the field of virtual and augmented reality.

On the key vectors of legal protection of intellectual rights of the Russian participants of the foreign “megascience” projects

Globalization of scientific research entails a range of complex legal problems substantiated by the organizational aspects of creation and functioning of large research projects, such as the absence of the uniform legal approach towards creating “megascience” project, imbalance between legal force of the norms of international agreements and national norms within the legal system of the accepting country depending on the organizational form of the project. The object of this research is the complex of public relations that influence the building of legal protection mechanism for intellectual rights of the Russians participating in foreign “megascience” projects. Within the framework of this research, the author analyzes the questions of participation of the Russian scholars in “megascience” projects, including the problems of protection of their intellectual rights. The questions are studied in the context of the uniform system of specificity of problem situations that emerge in the course of implementation of “megascience” project. The main conclusion lies in the thesis that indicates the need to provide Russian scientific organizations and individual scholars participating in “megascience” projects with the necessary s methodological recommendations in form of an optimal model of legal protection of their rights and legitimate interests in conducting research within the framework of foreign megascience projects or using “megascience” installations. The activity of Russian scholars engaged in foreign “megascience” projects requires information-legal and organizational-legal support for the effective protection of intellectual rights. The novelty of this work consists in examination of the questions of participation of Russian scholars and scientific organizations in “megascience projects” abroad without reducing it to solely financial and scientific component problem.

Features of intellectual property analysis in Ukraine and abroad

Issues on the implementation of intellectual property analysis in Ukraine, as well as a forensic expert participation in court hearing abroad were considered.
 Intellectual property objects belong to a variety of types of art, science, technology and crafts, effective consideration of cases related to protection of intellectual property rights, for a complete and comprehensive study of the subject of examination and providing an expert's concusion becomes possible only in case of attracting specialists, who have special knowledge in a particular field.
 The article purpose is to define features of intellectual property analysis in Ukraine and formal requirements for a forensic expert in Ukraine and foreign states.
 One of the priority directions of state policy is the protection of intellectual property rights, as the development of this area stimulates innovation in all fields by increasing the country's economy to a new level, and providing it a rightful place at the international level. Also, an increase of scientific potential not only promotes Ukraine's modernization in various fields of science and technology but also increases its defense capability and national security.
 Today there is a negative state of compliance with the legislation regulating intellectual property issues, the number of violations of relevant rights is increasing. The reason for such a state is the imperfection of the mechanism of legal protection and protection of intellectual property rights in the field of scientific activity, failure to resolve the issue regarding legal protection of scientific advances, etc. In January 2020, the European Commission made a publication of a report on protection and ensuring intellectual property rights in third countries, according to which (despite all preventive measures) our country was already on the list of countries, where there are serious systematic problems in the field of defense and protection of intellectual rights, causing significant damage to the economic interests of the EU.
 Forensic science plays a priority role in introducing advanced achievements of science and technology and promotes the reliability of the proof system in the case. In some cases, the appointment and conduct of a forensic examination are not only necessary but also the only possible means of establishing the truth and solving a litigation.