Violation Of Intellectual Rights Research Articles

Сравнение действующего КоАП РФ с проектом нового КоАП в сфере защиты интеллектуальных прав

The work is devoted to comparing the provisions of the current legislation regulating administrative offenses in the field of intellectual property with the proposed changes in the draft of the new Administrative Code. The purpose of the work is to identify differences, similarities and potential improvements in administrative regulations proposed by the legislator in the draft of the new Administrative Code. It is established that the legislator in the draft of the new Administrative Code seeks to group the norms related to the administrative protection of intellectual property rights, remove outdated terms, and add new subjects of legal relations. It is determined that the indexation of fines is an important mechanism that ensures the adequacy of punishment in accordance with the existing economic situation in Russia. According to the results of the study, the author concludes that the proposed changes in the draft Administrative Code are necessary, but do not fundamentally change the administrative responsibility for violation of intellectual rights, but simply correspond to the public needs of the present time.

Уменьшение размера имущественной ответственности: постановка проблемы

The article deals with an issue of reduction of liability in the civil law. The Civil Code of Russian Federation includes handful rules, which allow the court to reduce liability of a debtor. However, such rules are applicable to different events and there are no universal rules applied to all events of property (economical) liability. For instance the court ought to reduce liability of a debtor in case both a creditor and the debtor are failed an obligation as well as the court is entitled to reduce liability of the debtor when the creditor facilitated increasing an amount of his losses. The court reduces an amount of penalties in event of such the amount is obviously not equal to the result of aftermath that an obligation was failed by debtor. In cases related to damnification the court has the right to reduce liability of tortfeasor based on his property status unless they caused damage intentionally. Yet there are many rules of property liability simultaneously do not allow to reduce such liability, for instance liability for violation of intellectual rights, rights of consumers (when a seller refuses to fulfil a demand of a consumer on his own free will), etc. Since there are sort of such rules, the court occasionally forces to apply the art. 333 of the Civil Code to Russian Federation, meanwhile the legal practice of applying this article is inconsistent. The reason of that inconsistency is there are no legal rules of reducing liability which regard all types and events of property (economical) liability. However the legal practice has a wide experience and knows many methods of reducing property (economical) liability. The author points out that it is time to formulate universal rules of reducing liability applied to all events of property (economical) liability on the basis of scattered rules of the Civil Code of Russian Federation and legal practice of its application.

Prospective applications of new technologies and artificial intelligence for systematizing the results of intellectual activity

The article addresses the prospects of using distributed ledger technologies – blockchain and artificial intelligence – for the purpose of systematizing the rights to the results of intellectual activity for their subsequent commercialization. The authors describe the key characteristics of the distributed ledger technology and review various legal problems pertaining to the use of blockchain technologies. The authors draw conclusions regarding the prospects of using blockchain and artificial intelligence technologies as measures for rapid prevention and elimination of intellectual rights violations. They also express their views on the process of commercializing intellectual property and reducing the number of conflicts related to the inclusion of intellectual property objects into distributed ledger systems. The article was prepared with the financial support of the Ministry of Higher Education and Science of the Russian Federation within the framework of the research “Scientific and methodological support for the development of theoretical and applied legal structures (models) of accounting and disposal of rights to the results of intellectual activity (technology transfer)

Свобода слова и угрозы информационной безопасности. Рецензия на монографию «Свобода слова и медиабезопасность»

The monograph “Freedom of Speech and Media Security” is devoted to the political and legal aspects of civil freedoms implementation in to the practicies of information society institutions. The study aims to protect fundamental human rights that ensure the individual’s participation in the political process. The propaganda of extremism, the digital divide and intellectual rights violations are presented in political and legal research as threats to the information security of the state, companies and any person. The originality of the study is determined by the characteristic of legal and political interconnections between freedom of speech and information security.

CRIMINAL RESPONSIBILITY FOR CRIMES AGAINST INTELLECTUAL PROPERTY RIGHTS UNDER THE LEGISLATION OF EUROPEAN COUNTRIES

The article is devoted to the issues of criminal law ensuring the protection of intellectual property in some European countries. The author explores the European legislation on responsibility for violation of intellectual rights. Special attention is paid to the structure of legal regulation of criminal liability for these offenses. Active integration of Latvia into the world community, joining the World Trade Organization, joining the relevant international agreements in this regard, forces the intellectual property protection issues to be oriented towards developed European countries. When looking for positive law enforcement practice, it is necessary to analyse national legal provisions that have a wealth of experience in combating intellectual property violations and are members of the TRIPS Agreement. In this context, it seems appropriate to refer to the legislation of other European countries that have a wealth of experience in dealing with encroachments on intellectual property.