Sphere Of Intellectual Property Research Articles

АДМІНІСТРАТИВНО-ПРАВОВЕ РЕГУЛЮВАННЯ У СФЕРІ ІНТЕЛЕКТУАЛЬНОЇ ВЛАСНОСТІ: ОКРЕМІ АСПЕКТИ

The article is devoted to clarifying the specifics of administrative-legal regulation in the sphere of intellectual property at the present stage of reformation of the state system of legal protection of intellectual property in Ukraine. The administrative-legal regulation of public relations in the sphere of intellectual property is proposed to understand as the legal impact on these public relations, carried out using a complex of administrative-legal means, which is aimed at achieving the general goal of administrative-legal regulation in the process of ensuring the appropriate conditions for the creation, effective use, protection and defense of the intellectual potential of the nation in the interests of developing a competitive economy of Ukraine based on knowledge and innovation. It is noted that the administrative-legal regulation of relations in the sphere of intellectual property has features that are manifested in the specifics of administrative-legal norms, the goals of legal (administrative-legal) regulation, administrative-legal means that ensure its effectiveness, the institutional component of the organizational and legal mechanism in this sphere. The analysis of the legal framework of administrative-legal regulation of relations in the sphere of intellectual property is carried out. Particular attention is paid to the existing problems of the institutional system in this area, as well as the process of its reform in the context of the adoption of the Law of Ukraine "On amendments to certain legislative acts of Ukraine concerning the establishment of a national intellectual property body" dated June 16, 2020 No 703-IX. Attention is focused on the shortcomings of this regulatory legal act. It is concluded that increasing the level of efficiency of the regulatory framework, strengthening the institutional and functional capacity of public administration entities in the sphere of intellectual property, as the pivotal factors of the effectiveness of administrative-legal regulation in this area, is possible only if the principles of systematicity, expediency, validity and consistency are observed, as well as taking into account the interests of all subjects of public relations in the sphere of intellectual property.

Mediation as an alternative method of solving disputes in intellectual property

The article is dedicated to research of general principles of mediation as an alternative method of solving disputes regarding intellectual property rights in Ukraine. Defined the concept, purpose, characteristics and types of mediation. Analyzed the modern state of the legal regulation of mediation in Ukraine and mediation procedures in national law of the member states of the European Union.Dynamic development of the information society has set in front of the legal science a number of challenges related, first of all, to protection of rights of the patents holders from patent trolling, copyright protection on Internet, proper operation of collective management of authors` property rights, application of alternative procedures for resolving disputes concerning intellectual property etc. Particularly worth to be mentioned is the issue of alternative resolving of disputes concerning intellectual property items within the framework of mediation. Alternative disputes resolving is the general term used to define a set of approaches and methods, aimed at conflict-free disputes resolving, starting from negotiations in-between the parties, multilateral negotiations, mediation, consensus finding and arbitration. The aim of the article is to analyze specifics of mediation application to disputes related to items of intellectual property. It is determined that one of the directions of reforming the system of intellectual property protection is application of mediation mechanisms in the sphere of intellectual property. Quite a lot was done in Ukraine towards this. On November 1st, 2016 the draft law “On mediation” was voted for in the first reading. The draft law defines the legal framework for rendering mediation services on professional basis and is aimed at introduction of mediation institute in the society, extending the practice of amicable disputes resolving through out-of-court settlement and ensuring balanced relations between the institute of mediation and the court system. According to Art. 3 of the draft law, mediation can be applied to any conflicts (disputes) including civil, family, labour, economic, administrative as well as criminal proceedings and cases of administrative offences. It is determined that in the European Union countries mediation as the way of resolving the dispute (conflict) resulting from any legal relations (family, labour, economic, civil etc.) is used much more often as compared to other out-of-court alternative methods of disputes solving, as for example, negotiations, conciliation, mini-process, pre-trial conference or simplified jury trial. Having analyzed the European experience of establishing and applying the procedure of mediation as an alternative method of disputes resolving in numerous areas of public relations, including intellectual property, we believe that the forthcoming law of Ukraine “On Mediation” will promote the culture of amicable disputes resolving in the society, will enable mediation to be the best alternative to litigation. However, to ensure proper functioning of this institute in Ukraine, it is necessary to train qualified specialists, having not only professional knowledge, but also psychological skills to resolve the disputes. On a separate note, attention should be paid to the issue of improving the legal literacy of the future mediators and arrangement of the relevant campaign in the mass media, social networks which will inform the citizens about this institute, its advantages and application features.

THE ESSENCE AND CONTENT OF FORENSIC EXPERT ACTIVITY IN THE SPHERE OF INTELLECTUAL PROPERTY

The research has identified that the examination in the sphere of intellectual property establishes the factual data on the properties, features, regularities for the creation and use of objects that are specific particularly for this class of forensic examinations the objects of the intellectual property rights. The main tasks include the following: the identification of the features of the intellectual property object in the object referred to study; the study into the conformity of the object with the criteria necessary to grant legal protection (novelty, industrial applicability, etc); the identification of the fact of the use of the intellectual property object’s body of features; identification of the fact of the copyrightable object’s reproduction; the calculation of the value of the property rights for the objects of intellectual rights and calculation of damages incurred due to their infringement. The nature of the expert’s special knowledge is conditioned by the knowledge of properties and features of intellectual property objects, regularities of their creation and use, calculation of their value, incurred damages and economic transactions regarding these objects as well as methods and means used to solve the tasks.

Право и экономическая деятельность: современные вызовы (обзор X Ежегодных научных чтений памяти профессора С. Н. Братуся)

The review reflects main ideas expressed in the reports of the participants of X conference in memory of Professor S. N. Bratus, a famous civil lawyer and legal theorist. The conference is held annually in the Institute of Legislation and Comparative Law under the Government of the Russian Federation. During the conference the participants discussed controversial issues of the development of legislation on the law of things, status and activities of legal entities in the sphere of intellectual property, power industry, use of natural resources and ecology, labor legislation, the problem of Russia’s simultaneous participation in WTO and EAEU.

TERRITORIAL LIMITS OF INTELLECTUAL PROPERTY RIGHTS

The article describes the territorial aspects of intellectual property rights. Comparing property right and intellectual property right, the last one has a territorial character. Such kind of activity of intellectual property rights became a reason for creation of international law system protection of intellectual property. The first form of international cooperation in intellectual property sphere were bi-side international treaties about mutual protection of rights for conforming objects on the territory of countries-participants. At the end of 19th century were signed two multiply international treaties, which became a base for creation of modern international law system of intellectual property protection – Paris Convention for the Protection of Industrial Property (1883) and Berne Convention for the Protection of Literary and Artistic Works (1886). Intellectual property rights, which appeared on the territory of the definite country in accordance with it legislature, are limited by territory of this country, if something different isn’t subscribe in international treaty or national laws. Today this principle is a base of legislature about intellectual property of majority countries of the world and it is determined by several factors (historical factor, non-material nature of intellectual property objects, partly – state interests). Multiply international treaties in intellectual property sphere, which are administered by WIPO, don’t provide extraterritoriality of intellectual property rights, because they based on principle of national regime and fix using to objects by foreign origin the legislation, exactly that country, where protection is needed. Now on the regional level exists tendency to refuse of principle of intellectual property rights territoriality and providing unitary legal protection regime of the object based on one registration on the territory of all countries-participants. Uniform legal protection of some objects is provides on the territory of EU countries (Community trade mark, design, plant variety, geographical indications and designations of origin). Therefore Ukrainians membership in EU opens new perspectives to use procedures of legal protection of intellectual property for the extending of intellectual property rights territorial limits.

Institutional Trust in Modern Society (On the Example of Intellectual Property)

In article the economical and sociological analysis of a problem of trust in the sphere of intellectual property in Russia is offered. The special attention is given to the analysis of an institutionalizing of the relations in the sphere of intellectual property with emphasis on the reasons of emergence, efficiency, forms, problems, the main interested parties in development of this institute in pre-revolutionary Russia, the Soviet Union, at the present stage. Questions of the general and special in the ratio «result of intellectual work - a product of intellectual property» in aspect of progressive development of society of knowledge, reproduction processes at different levels are mentioned. The conclusion about need to consider the relation in the sphere of intellectual property not only from the point of view of legal rules and norms, but also from positions of its influence on a full development of the person, harmonization of reproduction processes in society in education, sciences etc. as extra historical humanistic ideals is drawn. DOI: 10.5901/mjss.2015.v6n5s2p11

Current Issues of Public Administration in the Field of Intellectual Property in Modern Ukraine

The article investigates issues of state administration in the sphere of intellectual property in Ukraine. The author analyses the current relative legislation and the intellectual property state policy legal provision.The research suggests improving the existing system of intellectual property administration, harmonizing its parameters with the current and future market environment demands, optimizing the collective management organization.The author proves that intellectual property efficiency is the source of additional profit during project realization, ensuring the product quality and competitiveness, expanding market possibilities and avoiding problems, arising in case of intellectual property rights infringement.The article provides reasons for optimizing the legal protection of all intellectual property objects, broadening the range of the relative services in the sphere of intellectual property commercialization and developing the civilized market of intellectual property objects application.

Attempting to unmask legal uniqueness in indigenous artistic manifestations

An international conversation about intellectual property protection for traditional cultural expressions has been underway for more than three decades with varied momentum. WIPO and other entities and individuals have contributed very important analyses to set the stage for a new chapter in the discussion, which may include a range of points of view from outside the intellectual property sphere. One of WIPO’s best contributions to the discussion is a gap analysis from 2008, which highlights the differences between current copyright regimes and some of the wishes expressed by the Indigenous peoples who would be potential beneficiaries of a legal instrument on the topic. This paper aims to pause and refresh the conversation and to showcase how some of the larger policy questions may not be questions for intellectual property professionals; but rather for other types of attorneys and for non-attorneys as well. Using the touchstone of a particular putative traditional cultural expression – a set of Alutiiq masks that was relocated to France in the 1800s – the paper walks through some outstanding policy questions that are seated in copyright concerns but layered with other policy questions that fall outside the intellectual property rubric. Any legislative solution to these questions is neither obvious nor easy.

The Review of Russian Economic Legislation

In July 2013, amendments were introduced into Part Four of the Civil Code as regards to state regulation of relations in the sphere of intellectual property. Procedure was specified for intestate succession of escheat property into ownership of a municipal entity and constituent entity of the Russian Federation. The age of a foreign national at which he/she has the right to work in the territory of the Russian Federation has been established. It is established that when a foreign national stays in the Russian Federation under an ordinary work visa he/she can study at an educational establishment in the Russian Federation without securing a change in the purpose of the visit to the Russian Federation. From September 1, 2013 the procedure for acknowledging of the documents on education and qualification issued by Russian educational establishments, as well as those of RSFSR and the USSR will be renewed.

О новой государственной политике в сфере управления интеллектуальными ресурсами

Innovative economy, or economy of knowledge, develops today in many countries. Most extensively, quickly and qualitatively this development happens in the presence of the intellectual property which is essentially changing the quality of economy, key organizational forms, leading technologies and the essence of market relations. Creation of eff ective national innovative system, which is capable «to switch on national brains» actively and extensively in economic turn and to increase steadily the budget income from high technologies, in essential measure depends on existence at the state level of high-quality strategy in the sphere of intellectual property.

Innovation Economy in Russia: What to Do?

"Rusnano" top-manager's article considers conditions for creating innovation economy in Russia. According to the author, it is necessary to work out a complex strategy, which should define the planning horizon, the model and resources for innovation development. The perfection of legislation in the sphere of organizational-legal forms, intellectual property, and technical regulation is needed in order to meet the goal of building post-industrial economy.

Specialists in the very small move into the market for big ideas

THE New York nanomaterials company that last month said it had made a breakthrough in the development of intermediate-temperature solid oxide fuel cells is moving into the sphere of intellectual property. This is a short news story only. Visit www.metal-powder.net for the latest powder metallurgy industry news.

COPYRIGHT LAW — RUSSIAN FEDERATION: RECOGNITION AND PROTECTION OF COPYRIGHT IN COMPUTER SOFTWARE AND DATABASES ON THE TERRITORY OF THE RUSSIAN FEDERATION

It is still not unusual for the letter of the law to vary from practical realities of doing business in Russia, especially when it comes to the protection of property rights. Nevertheless, legislative foundation for recognition and protection of copyright in an intellectual property, such as a computer program or a database, does exist in the Russian Federation (the RF). These safeguards provide legitimate copyright holders with the legal tools to contend with computer pirates, despite the inconsistent application of legislative requirements and practical difficulties connected with collection of evidence and enforcement of court decisions. With the passage of time, however, copyright owners as well as Russian authorities will become more actively involved in combating Russian pirates in the sphere of intellectual property, thereby eliminating various bureaucratic and evidentiary hurdles that exist in Russia today. This article explores the development and enforcement of software and database copyright law within the RF.