The article is devoted to the study of international experience in implementing programs of accelerated examination of patent applications in the field of «green» technologies, as well as the impact of the approaches taken by the National Intellectual Property Offices of foreign countries on the implementation of this program in Ukraine. The author provides a thoroughanalysis of the peculiarities of obtaining legal protection for «green» technologies when filing patent applications for accelerated examination. The qualification requirements and process requirements for participation in the program are considered. The impact of the programs on the dissemination of «green» technologies and knowledge about them is also investigated. The objectives of the study are to determine the basic requirements for participation and processparameters in the programs of accelerated examination of patent applications in the field of «green» technologies, and the feasibility of introducing this program in Ukraine. In turn, accelerated examination programs have accelerated the dissemination of technological knowledge in the field of «green» technologies in the first years after the publication of patents. It seems relevant to introduce a program of accelerated expertise in the field of «green» technologies in Ukraine. Since the creation of such a mechanism will allow for a quick search for technical solutions to reduce the impacts and consequences of climate change in Ukraine; to reduce greenhouse gas emissions and adapt to the effects of global climate change; to environmental threats associated with the war in Ukraine, where there is already a significant level of air, water and land pollution, problems with the generation, accumulation, storage, processing, recycling and disposal of waste; to energy saving technologies and alternative energy sources. A balanced program system would include broad subject matter qualifications (to include as many useful «green» technologies as possible) with reasonable process restrictions (to keep the workload of the examiners at a manageable level) and thus ensure a sufficiently high speed of examination.
{"title":"Accelerated examination of patent applications for «green» technologies: foreign experience for Ukraine","authors":"O. Starovit","doi":"10.33731/32023.282170","DOIUrl":"https://doi.org/10.33731/32023.282170","url":null,"abstract":"The article is devoted to the study of international experience in implementing programs of accelerated examination of patent applications in the field of «green» technologies, as well as the impact of the approaches taken by the National Intellectual Property Offices of foreign countries on the implementation of this program in Ukraine. The author provides a thoroughanalysis of the peculiarities of obtaining legal protection for «green» technologies when filing patent applications for accelerated examination. The qualification requirements and process requirements for participation in the program are considered. The impact of the programs on the dissemination of «green» technologies and knowledge about them is also investigated. The objectives of the study are to determine the basic requirements for participation and processparameters in the programs of accelerated examination of patent applications in the field of «green» technologies, and the feasibility of introducing this program in Ukraine. In turn, accelerated examination programs have accelerated the dissemination of technological knowledge in the field of «green» technologies in the first years after the publication of patents. It seems relevant to introduce a program of accelerated expertise in the field of «green» technologies in Ukraine. Since the creation of such a mechanism will allow for a quick search for technical solutions to reduce the impacts and consequences of climate change in Ukraine; to reduce greenhouse gas emissions and adapt to the effects of global climate change; to environmental threats associated with the war in Ukraine, where there is already a significant level of air, water and land pollution, problems with the generation, accumulation, storage, processing, recycling and disposal of waste; to energy saving technologies and alternative energy sources. A balanced program system would include broad subject matter qualifications (to include as many useful «green» technologies as possible) with reasonable process restrictions (to keep the workload of the examiners at a manageable level) and thus ensure a sufficiently high speed of examination.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115777190","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article discusses the problems and prospects of implementing modern information and communication technologies, including artificial intelligence, in the sphere of ensuring national security and defense capability of Ukraine. The main regulatory acts that contain provisions on the introduction of artificial intelligence in the defense and security legislationof Ukraine are investigated, as well as the negative and positive aspects of introducing artificial intelligence and the European and global experience of using artificial intelligence in this direction. The issue of transferring artificial intelligence technologies through the security and defense sector to other sectors of the economy is also raised. Ensuring national security and defense capability of Ukraine in the post-war period should become the main priority of the country's military and political leadership.It is argued that the rapid, efficient, and flexible provision of society's needs for military security and defense of the state in the post-war period can be achieved through the introduction of advanced technologies, including the use of artificial intelligence and Big Data, as a priority for the further development of the defense industry complex of post-war Ukraine. Today, artificial intelligence belongs to such technological areas of social development that are rapidly evolving and have great potential in many fields, including national security, defense, military medicine, military logistics, intelligence and counterintelligence, aerial reconnaissance, and so on. This explains the essence of the chosen problematic, its relevance, and the need for its research.It is concluded that the use of artificial intelligence in the sphere of ensuring national security and defense capability of Ukraine can have both positive and negative aspects. As a generalization, it is noted that in order to ensure national security and defense capability of Ukraine in the post-war period, it is necessary to develop and introduce the best world practices into national legislation, taking into account the potential opportunities and threats of artificial intelligence, and ensuring the transfer of artificial intelligence technologies through the defense and security sectors to other sectors of the economy.
{"title":"Implementation of Artificial Intelligence Technologies for Ensuring National Security and Defense Capability of Ukraine: Legal Issues and Prospects for the Post-War Period","authors":"Nino Patsuriіa","doi":"10.33731/32023.282185","DOIUrl":"https://doi.org/10.33731/32023.282185","url":null,"abstract":"The article discusses the problems and prospects of implementing modern information and communication technologies, including artificial intelligence, in the sphere of ensuring national security and defense capability of Ukraine. The main regulatory acts that contain provisions on the introduction of artificial intelligence in the defense and security legislationof Ukraine are investigated, as well as the negative and positive aspects of introducing artificial intelligence and the European and global experience of using artificial intelligence in this direction. The issue of transferring artificial intelligence technologies through the security and defense sector to other sectors of the economy is also raised. Ensuring national security and defense capability of Ukraine in the post-war period should become the main priority of the country's military and political leadership.It is argued that the rapid, efficient, and flexible provision of society's needs for military security and defense of the state in the post-war period can be achieved through the introduction of advanced technologies, including the use of artificial intelligence and Big Data, as a priority for the further development of the defense industry complex of post-war Ukraine. Today, artificial intelligence belongs to such technological areas of social development that are rapidly evolving and have great potential in many fields, including national security, defense, military medicine, military logistics, intelligence and counterintelligence, aerial reconnaissance, and so on. This explains the essence of the chosen problematic, its relevance, and the need for its research.It is concluded that the use of artificial intelligence in the sphere of ensuring national security and defense capability of Ukraine can have both positive and negative aspects. As a generalization, it is noted that in order to ensure national security and defense capability of Ukraine in the post-war period, it is necessary to develop and introduce the best world practices into national legislation, taking into account the potential opportunities and threats of artificial intelligence, and ensuring the transfer of artificial intelligence technologies through the defense and security sectors to other sectors of the economy.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134138577","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article generally examines the project of the European Law on Artificial Intelligence (hereinafter the European Law on Artificial Intelligence — EAIA, and artificial intelligence — AI), developed by the European Commission, which is part of the AI package presented by the European Commission, which additionally includes the European Commission's message on promoting a European approach to AI; revision of the coordinated plan with AI (with EU member states); appropriate assessment of the impact of the project of the EAIA. Such an AI package defines the European approach to the regulation of AI in the European Union. An overview of the main amendments to such a project by the Council of Europe is also presented. The tools designed to facilitate the application of the future EAIA are also analyzed and briefly described. Thus, a review of the model law on artificial intelligence was carried out, which contains original provisions on the regulation of AI, and also suggests to interested persons to use the provisions of both the EAIA and other existing legal acts of other countries, the purpose of which is to make it easier for other countries to develop own laws regarding artificial intelligence. The model of compliance of AI systems with such a law is important from the point of view of applying the provisions of the future EAIA. This aspect provides a general characterization of such a model, the main purpose of which is to serve as a management tool that ensures and demonstrates that the development and operation of an AI system is trustworthy i.e. compliant with legislation, ethically reasoned and technically reliable and therefore compliant with the EAIA. Since the market for the use of AI systems isalready operational, it is important from the point of view of guarantees, legal compliance and liability for the damage caused to develop appropriate standard contractual terms. Thus, this article examines the standard conditions of such contracts, which are already used in some European countries, namely in the city of Amsterdam (Netherlands), as well as trends in the development of a standard contract for the purchase of AI systems by state bodies.
{"title":"Draft Regulation of the European Union about artificial intelligence and related initiatives","authors":"V. Shevchuk","doi":"10.33731/32023.282188","DOIUrl":"https://doi.org/10.33731/32023.282188","url":null,"abstract":"The article generally examines the project of the European Law on Artificial Intelligence (hereinafter the European Law on Artificial Intelligence — EAIA, and artificial intelligence — AI), developed by the European Commission, which is part of the AI package presented by the European Commission, which additionally includes the European Commission's message on promoting a European approach to AI; revision of the coordinated plan with AI (with EU member states); appropriate assessment of the impact of the project of the EAIA. Such an AI package defines the European approach to the regulation of AI in the European Union. An overview of the main amendments to such a project by the Council of Europe is also presented. The tools designed to facilitate the application of the future EAIA are also analyzed and briefly described. Thus, a review of the model law on artificial intelligence was carried out, which contains original provisions on the regulation of AI, and also suggests to interested persons to use the provisions of both the EAIA and other existing legal acts of other countries, the purpose of which is to make it easier for other countries to develop own laws regarding artificial intelligence. The model of compliance of AI systems with such a law is important from the point of view of applying the provisions of the future EAIA. This aspect provides a general characterization of such a model, the main purpose of which is to serve as a management tool that ensures and demonstrates that the development and operation of an AI system is trustworthy i.e. compliant with legislation, ethically reasoned and technically reliable and therefore compliant with the EAIA. Since the market for the use of AI systems isalready operational, it is important from the point of view of guarantees, legal compliance and liability for the damage caused to develop appropriate standard contractual terms. Thus, this article examines the standard conditions of such contracts, which are already used in some European countries, namely in the city of Amsterdam (Netherlands), as well as trends in the development of a standard contract for the purchase of AI systems by state bodies.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116980198","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article is devoted to the study of the issues of the remuneration of authors for the use of an audiovisual work. It is substantiated that legal certainty and effective protection of authors' rights is an essential factor in the development of the audiovisual art. In this regard, the author studies the rules on protection of authors' rights in the context of ensuring their right to remuneration provided for in the laws of the EU Member States.The article provides a comparative analysis of the provisions of the laws of certain EU Member States which define who are the authors of an audiovisual work and who are entitled to receive the remuneration. It is established that there is no uniform approach to determining the list of authors of an audiovisual work in the laws of the EU Member States. It is clearly established that the author is the main director. Other persons who have made a creative contribution to the creation of an audiovisual work are defined in the laws at the discretion of the EU Member States. In most EU Member State laws, the authorsare recognized as: the screenwriter, the author of the music, specially created for use in the audiovisual work.In most laws, there is a presumption that the authors transfer their property rights to the producer, unless otherwise provided in the agreement. In cases determined by law, regardless of the transfer of property rights, authors have the inalienable right to receive the remuneration for the use of a work in certain ways. It is established that the laws of the EU Member States provide for the right to the equitable remuneration for reproduction for personal use (private copying), cable retransmission, and rental of copies. Other ways to use for which authors should be remunerated are established by the law at thediscretion of the country.The article provides examples from the copyright laws of Italy, Poland, Estonia, Spain, Switzerland, and the Netherlands. These examples prove that each country establishes, at its own discretion, the right to equitable the remuneration of authors for certain uses.The author concludes that ensuring the right to equitable the remuneration for authors is and remains an urgent issue for EU Member States.The article analyzes the provisions of the Law of Ukraine of Copyright and and Related Rights regarding the rights of authors to the remuneration for the use of an audiovisual work. Сonclusions and suggestions are made.
{"title":"The right to remuneration of authors of the audiovisual work in accordance with the laws of the EU and Ukraine","authors":"V. Trotska","doi":"10.33731/32023.282167","DOIUrl":"https://doi.org/10.33731/32023.282167","url":null,"abstract":"The article is devoted to the study of the issues of the remuneration of authors for the use of an audiovisual work. It is substantiated that legal certainty and effective protection of authors' rights is an essential factor in the development of the audiovisual art. In this regard, the author studies the rules on protection of authors' rights in the context of ensuring their right to remuneration provided for in the laws of the EU Member States.The article provides a comparative analysis of the provisions of the laws of certain EU Member States which define who are the authors of an audiovisual work and who are entitled to receive the remuneration. It is established that there is no uniform approach to determining the list of authors of an audiovisual work in the laws of the EU Member States. It is clearly established that the author is the main director. Other persons who have made a creative contribution to the creation of an audiovisual work are defined in the laws at the discretion of the EU Member States. In most EU Member State laws, the authorsare recognized as: the screenwriter, the author of the music, specially created for use in the audiovisual work.In most laws, there is a presumption that the authors transfer their property rights to the producer, unless otherwise provided in the agreement. In cases determined by law, regardless of the transfer of property rights, authors have the inalienable right to receive the remuneration for the use of a work in certain ways. It is established that the laws of the EU Member States provide for the right to the equitable remuneration for reproduction for personal use (private copying), cable retransmission, and rental of copies. Other ways to use for which authors should be remunerated are established by the law at thediscretion of the country.The article provides examples from the copyright laws of Italy, Poland, Estonia, Spain, Switzerland, and the Netherlands. These examples prove that each country establishes, at its own discretion, the right to equitable the remuneration of authors for certain uses.The author concludes that ensuring the right to equitable the remuneration for authors is and remains an urgent issue for EU Member States.The article analyzes the provisions of the Law of Ukraine of Copyright and and Related Rights regarding the rights of authors to the remuneration for the use of an audiovisual work. Сonclusions and suggestions are made.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125429731","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The practice of innovative activity in Ukraine indicates low implementation of inventions. In cases where the invention is made to the order of a business, it really works and provides a certain benefit in the economy of the enterprise and the country. But most of the developments brought to the stage of protection are developed by individuals and institutions of higher education, which do not have an effective mechanism for their commercialization within Ukraine, and not all reach the markets of other countries. Patent owners do not always understand the procedures for converting their patents into SEPs in order to apply them in standards and further licensing (with the possibility of even issuing a worldwide license). The purpose and objectives of the study are to define the essence of SEP, to analyze the policies of individual standardization organizations regarding SEP, tostudy the experience and approaches of the European Commission regarding SEP, to develop normative legal acts and to provide recommendations to SEP owners when converting their patents into SEP with the aim of applying them in standards and further licensing Thus, today in the field of SEP, the following process participants can be distinguished: standardization organizations, SEP owners, patent pool administrators (very often, but not always), users of the standard and consumers of the final product. Therefore, it becomes important for patent owners to find joint activities with standardization organizations to participate in the development of a standard to convert their patent into a SEP in order to use it in a specific regulatory document (standard). Clearly, transparent assessment procedures and reasonable (FRAND-wise) licensing conditions must be created for SEP identification, which is currently often a trial-and-error process. It should be noted that the processes related to SEP are not defined by the regulatory legal acts of Ukraine, despite the fact that they can be useful both for creative workers and institutions, as well as for product manufacturers and users of standards. At the same time, attention should be paid to obtaining educational competences by masters of universities in technical, economic and intellectual property matters, to which it is necessary to add competence in the field of standardization.
{"title":"Standards Essential Patents for new technologies","authors":"A. Romashko, G. Dorozhko, O. Kravets","doi":"10.33731/32023.282172","DOIUrl":"https://doi.org/10.33731/32023.282172","url":null,"abstract":"The practice of innovative activity in Ukraine indicates low implementation of inventions. In cases where the invention is made to the order of a business, it really works and provides a certain benefit in the economy of the enterprise and the country. But most of the developments brought to the stage of protection are developed by individuals and institutions of higher education, which do not have an effective mechanism for their commercialization within Ukraine, and not all reach the markets of other countries. Patent owners do not always understand the procedures for converting their patents into SEPs in order to apply them in standards and further licensing (with the possibility of even issuing a worldwide license). The purpose and objectives of the study are to define the essence of SEP, to analyze the policies of individual standardization organizations regarding SEP, tostudy the experience and approaches of the European Commission regarding SEP, to develop normative legal acts and to provide recommendations to SEP owners when converting their patents into SEP with the aim of applying them in standards and further licensing Thus, today in the field of SEP, the following process participants can be distinguished: standardization organizations, SEP owners, patent pool administrators (very often, but not always), users of the standard and consumers of the final product. Therefore, it becomes important for patent owners to find joint activities with standardization organizations to participate in the development of a standard to convert their patent into a SEP in order to use it in a specific regulatory document (standard). Clearly, transparent assessment procedures and reasonable (FRAND-wise) licensing conditions must be created for SEP identification, which is currently often a trial-and-error process. It should be noted that the processes related to SEP are not defined by the regulatory legal acts of Ukraine, despite the fact that they can be useful both for creative workers and institutions, as well as for product manufacturers and users of standards. At the same time, attention should be paid to obtaining educational competences by masters of universities in technical, economic and intellectual property matters, to which it is necessary to add competence in the field of standardization.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134350883","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The international protection of the rights of radio broadcasting organisations to the programmes they create and broadcast began with the adoption of the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations, done in Rome on 26 October 1961 (the Rome Convention). The Rome Convention establishesthe general principles of legal protection of the rights of radio broadcasting organisations and establishes property rights that allow them to influence the use of programmes by third parties. On 21 May 1974, the Convention on the Distribution of Programme-Carrying Signals Transmitted by Satellite (the Brussels Satellite Convention) was adopted in Brussels. This actdoes not contain any provisions on the rights of broadcasting organisations and is an international treaty in the field of public international law rather than private international law. On 15 April 1994, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) was adopted. Its peculiarity lies in the fact that it is the first international act thatcombines provisions on the legal protection of various intellectual property rights: copyright and related rights, trademarks, geographical indications, industrial designs, inventions, etc. In terms of the related rights of radio broadcasting organisations, the TRIPS Agreement is based on the provisions of the Rome Convention and does not provide for any other related rights.Thus, today, the related rights of radio broadcasting organisations at the international level comply with the standards of 1961. This does not take into account modern broadcasting and information transmission technologies, and therefore does not sufficiently protect the interests of radio broadcasting organisations. Since the late 90s, a new international treaty on the protection of the rights of broadcasting organisations has been developed under the auspices of WIPO. The adoption of this treaty is an urgent need to strengthen the international system of protection of the rights of radio broadcasting organisations.
{"title":"International legal protection of related rights of broadcasting organisations","authors":"Denys Kozlitin","doi":"10.33731/32023.282164","DOIUrl":"https://doi.org/10.33731/32023.282164","url":null,"abstract":"The international protection of the rights of radio broadcasting organisations to the programmes they create and broadcast began with the adoption of the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations, done in Rome on 26 October 1961 (the Rome Convention). The Rome Convention establishesthe general principles of legal protection of the rights of radio broadcasting organisations and establishes property rights that allow them to influence the use of programmes by third parties. On 21 May 1974, the Convention on the Distribution of Programme-Carrying Signals Transmitted by Satellite (the Brussels Satellite Convention) was adopted in Brussels. This actdoes not contain any provisions on the rights of broadcasting organisations and is an international treaty in the field of public international law rather than private international law. On 15 April 1994, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) was adopted. Its peculiarity lies in the fact that it is the first international act thatcombines provisions on the legal protection of various intellectual property rights: copyright and related rights, trademarks, geographical indications, industrial designs, inventions, etc. In terms of the related rights of radio broadcasting organisations, the TRIPS Agreement is based on the provisions of the Rome Convention and does not provide for any other related rights.Thus, today, the related rights of radio broadcasting organisations at the international level comply with the standards of 1961. This does not take into account modern broadcasting and information transmission technologies, and therefore does not sufficiently protect the interests of radio broadcasting organisations. Since the late 90s, a new international treaty on the protection of the rights of broadcasting organisations has been developed under the auspices of WIPO. The adoption of this treaty is an urgent need to strengthen the international system of protection of the rights of radio broadcasting organisations.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"20 21-22","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133170750","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In the work, based on the analysis of statistical data, the study of international sources, the economic and legal problems of digital piracy and counterfeiting in the world, the EU and Ukraine in the conditions of digital transformation are investigated:state and dynamics, impact on business and economy, causes and main factors, problematic issues that arise in connection with this phenomenon, the practice and the organizational and economic mechanism of countermeasures in this area. The sale of counterfeit goods causes millions of jobs and lost profits and is currently the world's largest criminal enterprise. It is expected that by 2024, in the US alone, the volume of sales of counterfeit goods in electronic commerce will increase to 6 trillion dollars. The rating of the most active pirate countries is given, Ukraine is the place. Criminal networks take advantage of the lack of law enforcement in some states and adapt the distribution of their products using new means of communication (Internet, social networks, etc.), distribution channels (transit, free zones, small parcels) and consumer requests. In addition, the return on investment is high, and the imposed fines are low and do not have a deterrent effect on counterfeiters and sellers. It is concluded that counterfeiting and piracy are global problems that know no borders. They are too big to be solved by individual companies, sectors of the economy or governments. Therefore, it is important to develop and strengthen cooperation between these subjects. To ensure a successful fight against digital piracy, counterfeiting and money laundering, coordination between governments at the international, national and regional levels is essential. The private and public sectors should join forces in the fight against the trade in counterfeit and pirated products by organizing special cooperation units that will be responsible for collecting information on the movement of funds obtained from criminal activities and for exchanging information in the field of combating money laundering. The protection of IP rights in the conditions of martial law is extremely important, as these are Ukraine's international obligations regarding EU accession and the vital need to protect Ukraine's economic interests.
{"title":"Digital piracy and counterfeiting in the conditions of digital transformation: analysis of the situation, trends, defense mechanisms","authors":"G. Androshchuk","doi":"10.33731/32023.282327","DOIUrl":"https://doi.org/10.33731/32023.282327","url":null,"abstract":"In the work, based on the analysis of statistical data, the study of international sources, the economic and legal problems of digital piracy and counterfeiting in the world, the EU and Ukraine in the conditions of digital transformation are investigated:state and dynamics, impact on business and economy, causes and main factors, problematic issues that arise in connection with this phenomenon, the practice and the organizational and economic mechanism of countermeasures in this area. The sale of counterfeit goods causes millions of jobs and lost profits and is currently the world's largest criminal enterprise. It is expected that by 2024, in the US alone, the volume of sales of counterfeit goods in electronic commerce will increase to 6 trillion dollars. The rating of the most active pirate countries is given, Ukraine is the place. Criminal networks take advantage of the lack of law enforcement in some states and adapt the distribution of their products using new means of communication (Internet, social networks, etc.), distribution channels (transit, free zones, small parcels) and consumer requests. In addition, the return on investment is high, and the imposed fines are low and do not have a deterrent effect on counterfeiters and sellers. It is concluded that counterfeiting and piracy are global problems that know no borders. They are too big to be solved by individual companies, sectors of the economy or governments. Therefore, it is important to develop and strengthen cooperation between these subjects. To ensure a successful fight against digital piracy, counterfeiting and money laundering, coordination between governments at the international, national and regional levels is essential. The private and public sectors should join forces in the fight against the trade in counterfeit and pirated products by organizing special cooperation units that will be responsible for collecting information on the movement of funds obtained from criminal activities and for exchanging information in the field of combating money laundering. The protection of IP rights in the conditions of martial law is extremely important, as these are Ukraine's international obligations regarding EU accession and the vital need to protect Ukraine's economic interests.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126636616","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article examines copyright management information (CMI) at the international, regional and national levels.At the international level, the protection of CMI against its removal or modification is provided by Articles 12 of the WIPO Copyright Treaty and 19 of the WIPO Performances and Phonograms Treaty. Such information identifies the work, the author of the work, the assignee of any right in the work, the performer, the performer's performance, the producer of the phonogram, phonogram, the holder of any right in the work, performance or phonogram, or information about the terms of use of the work, performance or phonogram and any -what numbers or codes, in which such information is presented, when any ofthese elements is added to a copy of the work, recorded performance or phonogram or appears in connection with the notification or proof of the work, recorded performance or phonogram for public information.In the European Union, the protection of CMI is provided by the provisions of Article 7 Directive 2001/29/EU at the European Parliament at the Council at 22 May 2001 on the harmonization at certain aspects at copyright and related rights in the information society, which recommends that member states implement the national legislation of CMI protection standards.At the national level, a comprehensive approach to CMI protection has been applied in the USA and Germany.Chapter 12 was added to the US copyright law. Section 1202 contains the CMI provision, the first clause of which deals with false information, the second clause with the removal or distortion of said information. Section 1203 gives the court authority to award a range of equitable and monetary remedies similar to those provided under the Copyright Act. Paragraph 1204 determines the punishment in the form of a fine of up to 500 thousand US dollars and imprisonment for up to 5 years.Provisions regarding CMI protection (§95c) and remedies for infringed rights (§§108b, IIIa) have been added to the German Copyright and Related Rights Act.In Ukraine, CMI protection is possible in accordance with Article 52(4) of the Law on Copyright and Related Rights. Separate clarifications to the provisions of this Law regarding the protection of CMI are proposed.
{"title":"Protection of information on right management","authors":"V. Drobyazko","doi":"10.33731/32023.282182","DOIUrl":"https://doi.org/10.33731/32023.282182","url":null,"abstract":"The article examines copyright management information (CMI) at the international, regional and national levels.At the international level, the protection of CMI against its removal or modification is provided by Articles 12 of the WIPO Copyright Treaty and 19 of the WIPO Performances and Phonograms Treaty. Such information identifies the work, the author of the work, the assignee of any right in the work, the performer, the performer's performance, the producer of the phonogram, phonogram, the holder of any right in the work, performance or phonogram, or information about the terms of use of the work, performance or phonogram and any -what numbers or codes, in which such information is presented, when any ofthese elements is added to a copy of the work, recorded performance or phonogram or appears in connection with the notification or proof of the work, recorded performance or phonogram for public information.In the European Union, the protection of CMI is provided by the provisions of Article 7 Directive 2001/29/EU at the European Parliament at the Council at 22 May 2001 on the harmonization at certain aspects at copyright and related rights in the information society, which recommends that member states implement the national legislation of CMI protection standards.At the national level, a comprehensive approach to CMI protection has been applied in the USA and Germany.Chapter 12 was added to the US copyright law. Section 1202 contains the CMI provision, the first clause of which deals with false information, the second clause with the removal or distortion of said information. Section 1203 gives the court authority to award a range of equitable and monetary remedies similar to those provided under the Copyright Act. Paragraph 1204 determines the punishment in the form of a fine of up to 500 thousand US dollars and imprisonment for up to 5 years.Provisions regarding CMI protection (§95c) and remedies for infringed rights (§§108b, IIIa) have been added to the German Copyright and Related Rights Act.In Ukraine, CMI protection is possible in accordance with Article 52(4) of the Law on Copyright and Related Rights. Separate clarifications to the provisions of this Law regarding the protection of CMI are proposed.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131006232","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article covers the study of some aspects of protecting the intellectual property rights in the areas of biology, medicine and pharmacy including biotechnological inventions. The rapid progress of science and technology, the generation and accumulation of knowledge, the possibilities to process large amounts of various data further stimulate the development of all social areas and unprecedentedly contribute to the emergence of innovations, in particular in the area of biotechnology. Intellectual property rights have a direct impact on the progress of medical and biological research, but increasingly require coordination with the ethical and moral principles of the society regarding the patentability of inventions in biology, medicine and pharmacy.The article analyzes the modern trends in the protection of intellectual property rights to biotechnology inventions at an international level, and forecasts the likely subsequent development in legal protection of intellectual property rights in the areas of biology, medicine and pharmacy in view of the ever increasing ethical and law controversies of medical and biological research in some areas, the emergence of big data, use of artificial intelligence, etc.The national legislation refers to the term «biotechnology» in the Law of Ukraine «On Environmental Protection», while not giving any legal definition of “biotechnology” in any laws. The Ukrainian intellectual property and health care legislation require reformation to get properly updated to respond to the ongoing challenges. There is a whole layer of gaps regarding the legal regulation of using biotechnology in Ukraine, and this extends to all areas where biotechnology is actually integrated. The use of biotechnology in biology, medicine and pharmacy requires a systemic and multi-aspect study in order to develop the appropriate legal norms.To ensure the stability of the pharmaceutical market, which is focused on the national manufacturer, it is necessary to create the proper conditions for the development of a high-tech research environment in Ukraine. It is necessary to improve nationallegislation in the field of biobanking and the legal regime of human biological material for the purpose of using it in research.
{"title":"Intellectual property rights in the context of biology, medicine and pharmacy: a look into the future","authors":"Olha Omelchenko","doi":"10.33731/32023.282330","DOIUrl":"https://doi.org/10.33731/32023.282330","url":null,"abstract":"The article covers the study of some aspects of protecting the intellectual property rights in the areas of biology, medicine and pharmacy including biotechnological inventions. The rapid progress of science and technology, the generation and accumulation of knowledge, the possibilities to process large amounts of various data further stimulate the development of all social areas and unprecedentedly contribute to the emergence of innovations, in particular in the area of biotechnology. Intellectual property rights have a direct impact on the progress of medical and biological research, but increasingly require coordination with the ethical and moral principles of the society regarding the patentability of inventions in biology, medicine and pharmacy.The article analyzes the modern trends in the protection of intellectual property rights to biotechnology inventions at an international level, and forecasts the likely subsequent development in legal protection of intellectual property rights in the areas of biology, medicine and pharmacy in view of the ever increasing ethical and law controversies of medical and biological research in some areas, the emergence of big data, use of artificial intelligence, etc.The national legislation refers to the term «biotechnology» in the Law of Ukraine «On Environmental Protection», while not giving any legal definition of “biotechnology” in any laws. The Ukrainian intellectual property and health care legislation require reformation to get properly updated to respond to the ongoing challenges. There is a whole layer of gaps regarding the legal regulation of using biotechnology in Ukraine, and this extends to all areas where biotechnology is actually integrated. The use of biotechnology in biology, medicine and pharmacy requires a systemic and multi-aspect study in order to develop the appropriate legal norms.To ensure the stability of the pharmaceutical market, which is focused on the national manufacturer, it is necessary to create the proper conditions for the development of a high-tech research environment in Ukraine. It is necessary to improve nationallegislation in the field of biobanking and the legal regime of human biological material for the purpose of using it in research.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121814067","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
According to Ukrainian law, work made for hire is work created in connection with the performance of duties under an employment agreement (contract). Qualification of work as a work made for hire is based on three criteria.Firstly, the creation of such a work is always conditioned by the labor relationship between the author and the employer. However, it does not matter whether the author is a full-time employee or a part-time employee.Secondly, the creation of a certain type of work must fall within the scope of the employee’s labor duties. Despite the fact that the provisions of the current legislation link a work made for hire to the fulfillment of a labor contract, this should not be interpreted as meaning that the obligation to create a work made for hire should be provided for exclusively by a labor contract. The obligation to create works made for hire may also be documented in the employee’s job description. In addition, a labor contract may provide for this obligation in general terms, and an assignment to create specific works may be given byorder, job assignment, or other acts of the employer.Thirdly, the creation of work must be the result of the employee’s performance of their labor duties. An employer cannot claim to acquire copyright to works created by an employee on their own initiative even if the creation of works of the same type is the basis of the employee’s labor function. The law makes it quite clear that work made for hire is only work created in connection with the performance of a labor contract, and not any work that can in principle be created by an employee; there must be a kind of cause-and-effect relationship where the result of the activity in the form of a created work is directly determined by the performance of the employee’s labor duty.There are no other conditions that must be satisfied in order to recognize a work as a work made for hire. In particular, it does not matter whether the employer provides the employee with certain financial, material or other assistance in creating a work.The law also does not provide that the material, technical and financial resources of the employer must be used when creating a work made for hire. Therefore, work made for hire must meet only the three criteria mentioned above without any additional conditions or requirements.
{"title":"Theoretical and practical aspects of legal qualification of work made for hire","authors":"A. Shtefan","doi":"10.33731/32023.282162","DOIUrl":"https://doi.org/10.33731/32023.282162","url":null,"abstract":"According to Ukrainian law, work made for hire is work created in connection with the performance of duties under an employment agreement (contract). Qualification of work as a work made for hire is based on three criteria.Firstly, the creation of such a work is always conditioned by the labor relationship between the author and the employer. However, it does not matter whether the author is a full-time employee or a part-time employee.Secondly, the creation of a certain type of work must fall within the scope of the employee’s labor duties. Despite the fact that the provisions of the current legislation link a work made for hire to the fulfillment of a labor contract, this should not be interpreted as meaning that the obligation to create a work made for hire should be provided for exclusively by a labor contract. The obligation to create works made for hire may also be documented in the employee’s job description. In addition, a labor contract may provide for this obligation in general terms, and an assignment to create specific works may be given byorder, job assignment, or other acts of the employer.Thirdly, the creation of work must be the result of the employee’s performance of their labor duties. An employer cannot claim to acquire copyright to works created by an employee on their own initiative even if the creation of works of the same type is the basis of the employee’s labor function. The law makes it quite clear that work made for hire is only work created in connection with the performance of a labor contract, and not any work that can in principle be created by an employee; there must be a kind of cause-and-effect relationship where the result of the activity in the form of a created work is directly determined by the performance of the employee’s labor duty.There are no other conditions that must be satisfied in order to recognize a work as a work made for hire. In particular, it does not matter whether the employer provides the employee with certain financial, material or other assistance in creating a work.The law also does not provide that the material, technical and financial resources of the employer must be used when creating a work made for hire. Therefore, work made for hire must meet only the three criteria mentioned above without any additional conditions or requirements.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"191 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126944585","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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