Keywords: research and development contracts, research and development collaborationagreements, intellectual property rights, research organisations, universities The practice of regulatingintellectual property issues in R&D cooperation agreements/contracts betweenacademic institutions and companies in Ukraine and other New Independent States(Belarus, Kazakhstan, Russia) (NIS) is studied. It is shown the undevelopment ofmodern approaches to the distribution of IP rights in R&D agreements, including thelack of, as a rule, the allocation of Background IP and New IP and payments to academicinstitutions for the use of such IP.The changes in the legislation of Ukraine are substantiated, as well as the need todevelop standard IP provisions for different options for relationships between academicinstitutions and national and foreign companies. The necessity is shown of (a)making changes to Chapter 62 of the Civil Code of Ukraine and the Law of Ukraine“On Scientific and Scientific-Technical Activity”, other legislative acts related to IP inR&D contracts; (b) adoption by the Ministry of Education and Science of Ukraine andthe Ministry of Economy of Ukraine of Recommendations on IP policy in research organizationsand universities; (c) developing, at the level of public authorities or academiesof science, leading academic institutions model IP provisions for R&D agreementsfor various options for relationships with companies; (d) at the state level, promotinga new model of relations between academic institutions and companies, whichstipulates that can receiving by academic institutions significantly more fundsthrough payments in addition to the cost of R&D contract, the license fees for theBackground IP and New IP.
{"title":"Intellectual property rights in research and development collaboration/ contract agreements between research institutions, universities and firms: part 2 — Ukraine, New Independent States","authors":"Y. Kapitsa","doi":"10.33731/52021.244526","DOIUrl":"https://doi.org/10.33731/52021.244526","url":null,"abstract":"Keywords: research and development contracts, research and development collaborationagreements, intellectual property rights, research organisations, universities \u0000The practice of regulatingintellectual property issues in R&D cooperation agreements/contracts betweenacademic institutions and companies in Ukraine and other New Independent States(Belarus, Kazakhstan, Russia) (NIS) is studied. It is shown the undevelopment ofmodern approaches to the distribution of IP rights in R&D agreements, including thelack of, as a rule, the allocation of Background IP and New IP and payments to academicinstitutions for the use of such IP.The changes in the legislation of Ukraine are substantiated, as well as the need todevelop standard IP provisions for different options for relationships between academicinstitutions and national and foreign companies. The necessity is shown of (a)making changes to Chapter 62 of the Civil Code of Ukraine and the Law of Ukraine“On Scientific and Scientific-Technical Activity”, other legislative acts related to IP inR&D contracts; (b) adoption by the Ministry of Education and Science of Ukraine andthe Ministry of Economy of Ukraine of Recommendations on IP policy in research organizationsand universities; (c) developing, at the level of public authorities or academiesof science, leading academic institutions model IP provisions for R&D agreementsfor various options for relationships with companies; (d) at the state level, promotinga new model of relations between academic institutions and companies, whichstipulates that can receiving by academic institutions significantly more fundsthrough payments in addition to the cost of R&D contract, the license fees for theBackground IP and New IP.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122277535","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}
Keywords: intellectual property law; systematization of legislation, codification,copyright, industrial property law The article is sanctified to researchof the modern state of the legislative regulation of intellectual property relations inUkraine and the ways of its improvement in the direction of systematizing the relevantlegislation. Scientific approaches to determining the place of intellectual propertylaw in the legal system of Ukraine are considered. It is shown that now in Ukrainethere is a unique model of legislative regulation of these relations, which includes 3levels: the Civil Code of Ukraine, the Economic Code of Ukraine, special laws regulatingthe protection of rights to inventions, utility models, industrial designs, trademarks,and other objects. Such division of legislative acts is based on different volumeand subject of regulation of legislative acts. As a result of undertaken a study andtaking into account foreign experience two alternative ways of codification of legislationare certain in the field of intellectual property: within the limits of operating theCivil code of Ukraine and Economic code of Ukraine taking into account the differentiationof the subjects of its regulation, or in the direction of individual codifications ofcopyright and industrial property law as institutions intellectual property law. It issubstantiated that the second way has significant advantages over the unified (general)settlement of relations in the field of spiritual and scientific and technical creativitysince it takes into account the essential specifics of these two components of intellectualproperty law, which is due to the difference in the subjects of their regulation.Guidelines for choosing the appropriate direction of codification are proposed.
{"title":"Grounds and methods of systematization of legislation of Ukraine in the field of intellectual property","authors":"I. Koval","doi":"10.33731/52021.244530","DOIUrl":"https://doi.org/10.33731/52021.244530","url":null,"abstract":"Keywords: intellectual property law; systematization of legislation, codification,copyright, industrial property law \u0000The article is sanctified to researchof the modern state of the legislative regulation of intellectual property relations inUkraine and the ways of its improvement in the direction of systematizing the relevantlegislation. Scientific approaches to determining the place of intellectual propertylaw in the legal system of Ukraine are considered. It is shown that now in Ukrainethere is a unique model of legislative regulation of these relations, which includes 3levels: the Civil Code of Ukraine, the Economic Code of Ukraine, special laws regulatingthe protection of rights to inventions, utility models, industrial designs, trademarks,and other objects. Such division of legislative acts is based on different volumeand subject of regulation of legislative acts. As a result of undertaken a study andtaking into account foreign experience two alternative ways of codification of legislationare certain in the field of intellectual property: within the limits of operating theCivil code of Ukraine and Economic code of Ukraine taking into account the differentiationof the subjects of its regulation, or in the direction of individual codifications ofcopyright and industrial property law as institutions intellectual property law. It issubstantiated that the second way has significant advantages over the unified (general)settlement of relations in the field of spiritual and scientific and technical creativitysince it takes into account the essential specifics of these two components of intellectualproperty law, which is due to the difference in the subjects of their regulation.Guidelines for choosing the appropriate direction of codification are proposed.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"103 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129025268","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}
Keywords: IT, computer program, copyright, creative industry The article discusses the main issues regarding IP-protection in the sphere of information (information and communication) technologies — one of thelargest creative industries in Ukraine. Development and capitalization of informationtechnologies are impossible without proper legal protection of intellectual propertybecause the basis of the creative industry is the creation of creative products — goodsand services created/provided by cultural (artistic) and/or creative expression andhave high added value and are objects of intellectual property rights, which determinesthe relevance of this study.It is noted that basic types of economic activity that belong to the creative industriesare defined at the resolution of the Cabinet of Ministers of Ukraine and areaimed at creating and distributing intellectual property rights to already createdcopies (or copies) of software. It is assumed that the tax legislation of Ukraine stipulatesthat certain business transactions for the “publication” of software must be carriedout based on contracts for the supply of software and not based on contracts forthe transfer of intellectual property rights.A brief description of copyright objects in the field of information technology andthe possibilities of their legal protection, namely a computer program, databases, andwebsite, is given. It is noted that the website may combine different intellectual propertyrights.The issue of intellectual property rights distribution on the object created in connectionwith the implementation of the employment agreement (contract) and on theobject created by the order is investigated. It is concluded that the law of Ukraine.“On Stimulating the Development of the Digital Economy in Ukraine” eliminated theconflict between the Civil Code of Ukraine and the Law of Ukraine “On Copyright andRelated Rights” on the distribution of property copyrights on official works. The currentapproach to the distribution of economic copyright rights is harmonized with Europeanstandards.
{"title":"Intellectual property in the field of information and communication technologies","authors":"Kostiantyn Zerov","doi":"10.33731/52021.244516","DOIUrl":"https://doi.org/10.33731/52021.244516","url":null,"abstract":"Keywords: IT, computer program, copyright, creative industry \u0000The article discusses the main issues regarding IP-protection in the sphere of information (information and communication) technologies — one of thelargest creative industries in Ukraine. Development and capitalization of informationtechnologies are impossible without proper legal protection of intellectual propertybecause the basis of the creative industry is the creation of creative products — goodsand services created/provided by cultural (artistic) and/or creative expression andhave high added value and are objects of intellectual property rights, which determinesthe relevance of this study.It is noted that basic types of economic activity that belong to the creative industriesare defined at the resolution of the Cabinet of Ministers of Ukraine and areaimed at creating and distributing intellectual property rights to already createdcopies (or copies) of software. It is assumed that the tax legislation of Ukraine stipulatesthat certain business transactions for the “publication” of software must be carriedout based on contracts for the supply of software and not based on contracts forthe transfer of intellectual property rights.A brief description of copyright objects in the field of information technology andthe possibilities of their legal protection, namely a computer program, databases, andwebsite, is given. It is noted that the website may combine different intellectual propertyrights.The issue of intellectual property rights distribution on the object created in connectionwith the implementation of the employment agreement (contract) and on theobject created by the order is investigated. It is concluded that the law of Ukraine.“On Stimulating the Development of the Digital Economy in Ukraine” eliminated theconflict between the Civil Code of Ukraine and the Law of Ukraine “On Copyright andRelated Rights” on the distribution of property copyrights on official works. The currentapproach to the distribution of economic copyright rights is harmonized with Europeanstandards.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128819735","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}
Keywords: human capital, remote work, cybersecurity, hybrid workforce, digitaleconomics The article considersfactors of cyber hazards for the world economic system that appeared during the pandemicCOVID-19, as well as transition of the economy to the «new normal», in the contextof digitalization in the following aspects: digitalization and new working conditions,use of hybrid work, biological pandemic and cyber-pandemic and their influence onchanges in the economy, factors of cyber threats to business. It is highlighted that thepandemic and the abrupt transition to the use of remote forms of work have become extraordinaryevents in the world over the past two years. The objective precondition forsuch a change in the socio-economic and military features was the reorientation of theworld's leading economies (primarily the United States and China) to the powerful digitalizationof all spheres of human life and, above all, the creation of new technologies. Itis noted that China invests more than other countries (including the United States) inadvanced technology and training of highly qualified specialists, especially with a doctordegree that requires a high level of digital technology and appropriate literacy, and provideseffective adaptation to any working conditions including hybrid.The emergence of a hybrid working ecosystem and hybrid workforce is analysed, aswell as their advantages and disadvantages are substantiated. It is noted that the digitaleconomy has several new aspects compared to the traditional one. The emergence of hybridwork, the corresponding changes in the emergence of hybrid workforce and in the organizationof production management are the most dynamic components of change.However, even faster changes are taking place in the security of business, more precisely— in the growth of its vulnerability due to the rapid development of cyber threats inthe digital environment, which the economy has only begun to actively master, but hasnot yet created the necessary system of self-defence. Remote form of work has given riseto new forms of business — the creation and use of cyber threats. The emergence of acyber-pandemic as a result of rapid digitization due to the COVID-19 pandemic and thetransition of labour to remote form is analysed. The most important factors of cybersecurityfor the successful operation of companies are highlighted.
{"title":"The impact of cybercrime on the digital economy","authors":"O. Burov","doi":"10.33731/52021.244519","DOIUrl":"https://doi.org/10.33731/52021.244519","url":null,"abstract":"Keywords: human capital, remote work, cybersecurity, hybrid workforce, digitaleconomics \u0000The article considersfactors of cyber hazards for the world economic system that appeared during the pandemicCOVID-19, as well as transition of the economy to the «new normal», in the contextof digitalization in the following aspects: digitalization and new working conditions,use of hybrid work, biological pandemic and cyber-pandemic and their influence onchanges in the economy, factors of cyber threats to business. It is highlighted that thepandemic and the abrupt transition to the use of remote forms of work have become extraordinaryevents in the world over the past two years. The objective precondition forsuch a change in the socio-economic and military features was the reorientation of theworld's leading economies (primarily the United States and China) to the powerful digitalizationof all spheres of human life and, above all, the creation of new technologies. Itis noted that China invests more than other countries (including the United States) inadvanced technology and training of highly qualified specialists, especially with a doctordegree that requires a high level of digital technology and appropriate literacy, and provideseffective adaptation to any working conditions including hybrid.The emergence of a hybrid working ecosystem and hybrid workforce is analysed, aswell as their advantages and disadvantages are substantiated. It is noted that the digitaleconomy has several new aspects compared to the traditional one. The emergence of hybridwork, the corresponding changes in the emergence of hybrid workforce and in the organizationof production management are the most dynamic components of change.However, even faster changes are taking place in the security of business, more precisely— in the growth of its vulnerability due to the rapid development of cyber threats inthe digital environment, which the economy has only begun to actively master, but hasnot yet created the necessary system of self-defence. Remote form of work has given riseto new forms of business — the creation and use of cyber threats. The emergence of acyber-pandemic as a result of rapid digitization due to the COVID-19 pandemic and thetransition of labour to remote form is analysed. The most important factors of cybersecurityfor the successful operation of companies are highlighted.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115614628","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}
Keywords: objection, opposition, trademark, appellate chamber, period of opposition The article analyses themain approaches to the practice of filing and the consequences of filing objections ofthird parties against trademark applications or international trademark registrationsbased on a study of the provisions of regulations of Ukraine and foreign countries.The filing of an objection to an application for a trademark is defined as theright of any third party to state its views on the inconsistency of the designation appliedfor registration with the conditions of granting legal protection. It is concludedthat this procedure in Ukraine is not fully harmonized with the practice of the EuropeanUnion: Ukrainian law does not provide for the submission — of observation ofthird parties, when the trademark cannot be registered ex officio. Such observationcan be submitted by any person free of charge, but this person will not become a partyto the proceedings during the designation examination.It is determined that this right in Ukraine can be exercised within several instances:1) Objection of a third party, which is filed at the stage of examination of the designation;2) Objection of a third party, which is submitted to the Appeals Chamber of the NationalIntellectual Property Authority;3) Appeal of the approved decision of the Appeals Chamber of the National IntellectualProperty Authority in court.The article provides suggestions for improving the procedure for filing objections toan application for a trademark or the action of international registration of a trademarkin Ukraine:1) granting the right to third parties to submit to the National Intellectual PropertyAuthority free observations against trademark applications that do not relate to«relative» grounds for refusal of the legal protection of the designation.2) increase the fee for filing an objection to a trademark application or internationaltrademark registration to reduce the number of filing of unscrupulous objections,the purpose of which is to increase the term of registration of the applicant'strademark.3) extension of the terms of payment of the state fee for issuing a certificate ofUkraine for a trademark and the fee for the publication of the issuance of a certificatefor up to five months for those applications for trademarks against whichthird parties have filed objections.
{"title":"Objection to the trademark application or the action of international registration of a trademark in Ukraine","authors":"O. Kharchenko","doi":"10.33731/52021.244525","DOIUrl":"https://doi.org/10.33731/52021.244525","url":null,"abstract":"Keywords: objection, opposition, trademark, appellate chamber, period of opposition \u0000The article analyses themain approaches to the practice of filing and the consequences of filing objections ofthird parties against trademark applications or international trademark registrationsbased on a study of the provisions of regulations of Ukraine and foreign countries.The filing of an objection to an application for a trademark is defined as theright of any third party to state its views on the inconsistency of the designation appliedfor registration with the conditions of granting legal protection. It is concludedthat this procedure in Ukraine is not fully harmonized with the practice of the EuropeanUnion: Ukrainian law does not provide for the submission — of observation ofthird parties, when the trademark cannot be registered ex officio. Such observationcan be submitted by any person free of charge, but this person will not become a partyto the proceedings during the designation examination.It is determined that this right in Ukraine can be exercised within several instances:1) Objection of a third party, which is filed at the stage of examination of the designation;2) Objection of a third party, which is submitted to the Appeals Chamber of the NationalIntellectual Property Authority;3) Appeal of the approved decision of the Appeals Chamber of the National IntellectualProperty Authority in court.The article provides suggestions for improving the procedure for filing objections toan application for a trademark or the action of international registration of a trademarkin Ukraine:1) granting the right to third parties to submit to the National Intellectual PropertyAuthority free observations against trademark applications that do not relate to«relative» grounds for refusal of the legal protection of the designation.2) increase the fee for filing an objection to a trademark application or internationaltrademark registration to reduce the number of filing of unscrupulous objections,the purpose of which is to increase the term of registration of the applicant'strademark.3) extension of the terms of payment of the state fee for issuing a certificate ofUkraine for a trademark and the fee for the publication of the issuance of a certificatefor up to five months for those applications for trademarks against whichthird parties have filed objections.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121364512","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}
Keywords: orphan work, copyright, work digitization, public domain, propertyrights of the author, term of copyright The authors insist on the need todifferentiate the terms «orphan work» and «public domain work». It is connected withthe necessity to follow reasonable balance between the property interest of the authoror his successors and the public interest in reasonable use of the work in order to improvethe current legal field.It is substantiated that the existing copyright system, which provides to pay royaltyfor every use of the work for its author for 70 years or more, conflicts with theneeds of society in modern digital age. It is necessary to get permission from the copyrightholder to digitize a work to make it available. For orphan works it is difficult.The traditional copyright system should provide an exception for orphan works. It isformulated that permission to use such works must be granted by a specially authorizedstate body if there is any evidence that the user has taken all possible measuresto find the copyright holder, but has not been successful.Analysis of the content of theoretical and legal definitions of the terms «orphanwork» and «public domain work» shows that the presence or absence of ongoing protectionof property rights of the author is a key factor in the difference. Such rightsare still valid for orphan works, and therefore the permission of the right holder touse such a work is required. Meanwhile, the «public domain work» includes workswhich the term of copyright has expired. Therefore, the work can be used without permission.So, the approach that an orphan work becomes public domain is incorrect.On a basis of analysis of legislation conclusions is drawn that it is inexpedient touse too voluminous definition of the term «orphan work». It is argued that the systemof issuing permits for use of orphan works by the state bodies at request of a potentialuser must be defined in legislation.
{"title":"Correlation of terms «orphan work» and «public domain work» in the modern copyright law","authors":"L. Mamchur, Valerii Syttsevoi","doi":"10.33731/52021.244512","DOIUrl":"https://doi.org/10.33731/52021.244512","url":null,"abstract":"Keywords: orphan work, copyright, work digitization, public domain, propertyrights of the author, term of copyright \u0000The authors insist on the need todifferentiate the terms «orphan work» and «public domain work». It is connected withthe necessity to follow reasonable balance between the property interest of the authoror his successors and the public interest in reasonable use of the work in order to improvethe current legal field.It is substantiated that the existing copyright system, which provides to pay royaltyfor every use of the work for its author for 70 years or more, conflicts with theneeds of society in modern digital age. It is necessary to get permission from the copyrightholder to digitize a work to make it available. For orphan works it is difficult.The traditional copyright system should provide an exception for orphan works. It isformulated that permission to use such works must be granted by a specially authorizedstate body if there is any evidence that the user has taken all possible measuresto find the copyright holder, but has not been successful.Analysis of the content of theoretical and legal definitions of the terms «orphanwork» and «public domain work» shows that the presence or absence of ongoing protectionof property rights of the author is a key factor in the difference. Such rightsare still valid for orphan works, and therefore the permission of the right holder touse such a work is required. Meanwhile, the «public domain work» includes workswhich the term of copyright has expired. Therefore, the work can be used without permission.So, the approach that an orphan work becomes public domain is incorrect.On a basis of analysis of legislation conclusions is drawn that it is inexpedient touse too voluminous definition of the term «orphan work». It is argued that the systemof issuing permits for use of orphan works by the state bodies at request of a potentialuser must be defined in legislation.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"49 6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126056373","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}
Keywords: creative industries, publishing, book publishing, copyright, IP rights,copyright infringement, IP legislation Publishing is animportant element for the development of many areas of human activity. The impactof publishing on culture, education and tourism in any country cannot be underestimated.Publishing is of great importance for the development of literature, both withinone country and in the world as a whole.Today, publishing faces many challenges, including piracy, the difficulty of distributingdigital copies of literary works and insufficient funding, along with a relativelylow interest in legal publications. However, publishing is defined in Ukraine as a creativeindustry and now the state's position on strengthening publishing as an industryin Ukraine is becoming more active. That is why the issues of legislative regulationof activities in this area, as well as its connection with intellectual propertyrights, are relevant. The creation of the list of economic activities that belong to the creative industries in Ukraine indicates the government's intention to graduallytransfer Ukraine's economy to a more modern model, where industries related to thecreative industries are of the greatest importance for the economy and the developmentof the state as a whole.The article is devoted to the issue of publishing legislative regulation in Ukraine.The author analyses the most important laws in this area, considering publishing primarilyas a creative industry. The state policy in this sphere is considered, which isdirected first on development of publishing and on support of publishing the Ukrainian-language editions.The author points out the existence of certain differences in the legislative regulationof book publishing and publishing of the periodicals in Ukraine.The article considers the data of the Ukrainian Book Institute on the current stateof publishing in Ukraine. According to these data, one of the biggest problems in thepublishing is the significant number of copyright infringements and IP rights infringementsin general.Given the high rate of copyright infringement and IP rights in general in the publishing,it is necessary to review the mechanism of influence on combating them, aswell as increase liability for such infringements.
{"title":"Legislative regulation of publishing in Ukraine","authors":"O. Ulitina","doi":"10.33731/52021.244514","DOIUrl":"https://doi.org/10.33731/52021.244514","url":null,"abstract":"Keywords: creative industries, publishing, book publishing, copyright, IP rights,copyright infringement, IP legislation Publishing is animportant element for the development of many areas of human activity. The impactof publishing on culture, education and tourism in any country cannot be underestimated.Publishing is of great importance for the development of literature, both withinone country and in the world as a whole.Today, publishing faces many challenges, including piracy, the difficulty of distributingdigital copies of literary works and insufficient funding, along with a relativelylow interest in legal publications. However, publishing is defined in Ukraine as a creativeindustry and now the state's position on strengthening publishing as an industryin Ukraine is becoming more active. That is why the issues of legislative regulationof activities in this area, as well as its connection with intellectual propertyrights, are relevant. The creation of the list of economic activities that belong to the creative industries in Ukraine indicates the government's intention to graduallytransfer Ukraine's economy to a more modern model, where industries related to thecreative industries are of the greatest importance for the economy and the developmentof the state as a whole.The article is devoted to the issue of publishing legislative regulation in Ukraine.The author analyses the most important laws in this area, considering publishing primarilyas a creative industry. The state policy in this sphere is considered, which isdirected first on development of publishing and on support of publishing the Ukrainian-language editions.The author points out the existence of certain differences in the legislative regulationof book publishing and publishing of the periodicals in Ukraine.The article considers the data of the Ukrainian Book Institute on the current stateof publishing in Ukraine. According to these data, one of the biggest problems in thepublishing is the significant number of copyright infringements and IP rights infringementsin general.Given the high rate of copyright infringement and IP rights in general in the publishing,it is necessary to review the mechanism of influence on combating them, aswell as increase liability for such infringements.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"99 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124102171","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}
Keywords: legal education, legal values, intellectual property law, invention The article focuseson a comprehensive study of the concept and importance of legal education on intellectualproperty. Particular attention is paid to the social importance and significanceof the entire sphere of intellectual property and is considered as a legal value. Theauthor attempts to determine the relationship between the level and popularity of inventionand general culture in the field of intellectual property. The stages and methodsof obtaining knowledge on the basics of the intellectual property are considered.The problematic issues concerning the necessary measures in the field of educationon intellectual property issues are analysed. The concept of educational measuresis described in detail, which is aimed at intensifying the understanding of Ukrainiansociety of the need for legal application of intellectual property rights. Proposals weremade to increase educational activities on intellectual property issues and awarenessof their value to society. The purpose of the article is to study the general structure of legal education and tooutline the place of intellectual property law in the general system of legal education.Find out the essence and importance of legal education on intellectual property issues.In order to achieve the goal, we formulate the task: to consider the structure of legaleducation; formulate arguments in favour of studying the field of intellectual propertyand propose measures to promote intellectual property and inventive activity.The article is devoted to the study of education in the field of intellectual propertylaw, the essence of which is personal non-property rights of intellectual property andproperty rights of intellectual property.The basis for innovative economic development is the widespread introduction ofintellectual property. For this, highly qualified specialists are needed. The importanceof constant training of specialists in the field of intellectual property and supportof invention is substantiated.A new concept of training specialists in intellectual property is considered, accordingto which the master's program in the complex covers three areas: technical expertise ofintellectual property, the economy of intellectual property and the law of intellectualproperty. This activity is focused on the formation of the necessary level of knowledgeand education of respect for intellectual work and its results, which are embodied in intellectualproperty, as well as informing the public about possible losses and existingthreats to the well-being and health of people that contain counterfeit and pirated goods.The place of education on intellectual property in the system of general and highereducation has been determined. The general characteristics of educational levels inthe field of intellectual property is outlined.
{"title":"Legal education on intellectual property","authors":"O. Chomakhashvili","doi":"10.33731/52021.244535","DOIUrl":"https://doi.org/10.33731/52021.244535","url":null,"abstract":"Keywords: legal education, legal values, intellectual property law, invention \u0000The article focuseson a comprehensive study of the concept and importance of legal education on intellectualproperty. Particular attention is paid to the social importance and significanceof the entire sphere of intellectual property and is considered as a legal value. Theauthor attempts to determine the relationship between the level and popularity of inventionand general culture in the field of intellectual property. The stages and methodsof obtaining knowledge on the basics of the intellectual property are considered.The problematic issues concerning the necessary measures in the field of educationon intellectual property issues are analysed. The concept of educational measuresis described in detail, which is aimed at intensifying the understanding of Ukrainiansociety of the need for legal application of intellectual property rights. Proposals weremade to increase educational activities on intellectual property issues and awarenessof their value to society. \u0000The purpose of the article is to study the general structure of legal education and tooutline the place of intellectual property law in the general system of legal education.Find out the essence and importance of legal education on intellectual property issues.In order to achieve the goal, we formulate the task: to consider the structure of legaleducation; formulate arguments in favour of studying the field of intellectual propertyand propose measures to promote intellectual property and inventive activity.The article is devoted to the study of education in the field of intellectual propertylaw, the essence of which is personal non-property rights of intellectual property andproperty rights of intellectual property.The basis for innovative economic development is the widespread introduction ofintellectual property. For this, highly qualified specialists are needed. The importanceof constant training of specialists in the field of intellectual property and supportof invention is substantiated.A new concept of training specialists in intellectual property is considered, accordingto which the master's program in the complex covers three areas: technical expertise ofintellectual property, the economy of intellectual property and the law of intellectualproperty. This activity is focused on the formation of the necessary level of knowledgeand education of respect for intellectual work and its results, which are embodied in intellectualproperty, as well as informing the public about possible losses and existingthreats to the well-being and health of people that contain counterfeit and pirated goods.The place of education on intellectual property in the system of general and highereducation has been determined. The general characteristics of educational levels inthe field of intellectual property is outlined.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134087906","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}
Keywords: defense capability, intellectual property, regulatory support The conceptual issues of the legislation of Ukraine,which determine the state policy in the field of national security and defence, regardingthe settlement of issues related to ensuring the state defence capabilities are considered.The scientific publications on actual questions in this sphere concerningproblems and prospects of increase of defence capability of Ukraine are analysed.The role of intellectual property in all components of Ukraine's defence system hasbeen studied, and it has been noted that unresolved problems in the field of intellectualproperty management pose an increasing threat to Ukraine's national security.The importance of ensuring the protection of intellectual property in the process ofimplementing measures to improve the defence capabilities of the state and the needto improve legislation in this area is defined. Recommendations for improving the regulatory framework for national securityand defence in order to address the problematic issues of intellectual property in thisarea are submitted.State defence capability is the ability of state to defend itself in the event of armedaggression or armed conflict. It consists of material and immaterial elements and is aset of military, economic, social and moral and political potential in the field of defenceand appropriate conditions for its implementation.Resolving the issues of reforming not only the Armed Forces of Ukraine, but firstthe entire state, modernization and rearmament of the Ukrainian army has become avital necessity. Only the solution of this issue will allow to raise the defence capabilityof our state to the proper level for the preservation of independent Ukraine.Ensuring the military security of Ukraine largely depends on equipping the ArmedForces of Ukraine with modern types and models of weapons and military equipment,developed on the basis of intellectual property rights.It is the military-technical sphere where the objects of intellectual property rightsbelonging to the sphere of national security and defence are created, and the state isobliged to ensure their protection. This will increase the competitiveness of the domesticdefence industry and make claims impossible for anyone in the mass productionof weapons and military equipment for their own needs and for exports, which directlyaffects defence capabilities.And this requires proper protection of intellectual property rights both in theprocess of own production of weapons and military equipment, as well as in militarytechnicalcooperation.
{"title":"The role of intellectual property in security defense capacity of the state.","authors":"Oleksandr Zaikivskyi, Oleksandr Onistrat","doi":"10.33731/52021.244518","DOIUrl":"https://doi.org/10.33731/52021.244518","url":null,"abstract":"Keywords: defense capability, intellectual property, regulatory support \u0000The conceptual issues of the legislation of Ukraine,which determine the state policy in the field of national security and defence, regardingthe settlement of issues related to ensuring the state defence capabilities are considered.The scientific publications on actual questions in this sphere concerningproblems and prospects of increase of defence capability of Ukraine are analysed.The role of intellectual property in all components of Ukraine's defence system hasbeen studied, and it has been noted that unresolved problems in the field of intellectualproperty management pose an increasing threat to Ukraine's national security.The importance of ensuring the protection of intellectual property in the process ofimplementing measures to improve the defence capabilities of the state and the needto improve legislation in this area is defined. \u0000Recommendations for improving the regulatory framework for national securityand defence in order to address the problematic issues of intellectual property in thisarea are submitted.State defence capability is the ability of state to defend itself in the event of armedaggression or armed conflict. It consists of material and immaterial elements and is aset of military, economic, social and moral and political potential in the field of defenceand appropriate conditions for its implementation.Resolving the issues of reforming not only the Armed Forces of Ukraine, but firstthe entire state, modernization and rearmament of the Ukrainian army has become avital necessity. Only the solution of this issue will allow to raise the defence capabilityof our state to the proper level for the preservation of independent Ukraine.Ensuring the military security of Ukraine largely depends on equipping the ArmedForces of Ukraine with modern types and models of weapons and military equipment,developed on the basis of intellectual property rights.It is the military-technical sphere where the objects of intellectual property rightsbelonging to the sphere of national security and defence are created, and the state isobliged to ensure their protection. This will increase the competitiveness of the domesticdefence industry and make claims impossible for anyone in the mass productionof weapons and military equipment for their own needs and for exports, which directlyaffects defence capabilities.And this requires proper protection of intellectual property rights both in theprocess of own production of weapons and military equipment, as well as in militarytechnicalcooperation.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"19 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130676138","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}
Keywords: creative industry, architectural creation, architectural solution, architect,authors rights of architect Thearticle is devoted to analysis of the legal position of architect has in relations with theclient. Architecture is regarded as a creative industry in Ukraine, therefore the attentionpayed to protection of intellectual property rights in this sphere is important. Theidea implemented in architectural model should be protected according to the protectionof copyright. The industry remains creative until the level of creativeness is highin this economic sector and the number of people involved in production due to the effectivenessand demand for the product is increasing or remains constant. The resultof art and of the architecture is not only the object of property, owned by a client, butalso a piece of art protected as creation under copyright. The subject of such rights isan architect. The legal status of architect in Ukraine is provided by the right to supervisionduring the building process, demand of sighing a final act completing the construction,which means, the building is lead astray without breaking authors copyright.Other special rights are provided such as a right to make a photo of the objectbefore destroying it.Despite regarding architecture objects as protected by copyright the draft law isadopted in the first reading that limits the rights and influence of architect has in theprocess of building. The draft law proposes an option for architect to transfer rights,being apart from the process of building. This can cause a situation when the buildingwill be constructively changed, the creation will be changed without the authors participation.If this proposal will be implemented, the level of the creativeness in architecturewould decrease and even lost. So, the total sphere risks losing the status ofbeing creative. It is underlined that respect to the copyright in architecture is necessaryto the industry and its development. In particular. such rights of the architect asa subject of intellectual property law will be under threat: the freedom of creativity,the right to the inviolability of the work, economic rights. Another thing which is ofconcern is the responsibility of the architect. The removal of the architect during theconstruction process poses a risk of absence of the culprit in case of deformation or destructionof the object, caused by a structural defect or defect of the project.
{"title":"Would architecture be a creative industry in Ukraine?","authors":"H. Ostapenko","doi":"10.33731/52021.244509","DOIUrl":"https://doi.org/10.33731/52021.244509","url":null,"abstract":"Keywords: creative industry, architectural creation, architectural solution, architect,authors rights of architect \u0000Thearticle is devoted to analysis of the legal position of architect has in relations with theclient. Architecture is regarded as a creative industry in Ukraine, therefore the attentionpayed to protection of intellectual property rights in this sphere is important. Theidea implemented in architectural model should be protected according to the protectionof copyright. The industry remains creative until the level of creativeness is highin this economic sector and the number of people involved in production due to the effectivenessand demand for the product is increasing or remains constant. The resultof art and of the architecture is not only the object of property, owned by a client, butalso a piece of art protected as creation under copyright. The subject of such rights isan architect. The legal status of architect in Ukraine is provided by the right to supervisionduring the building process, demand of sighing a final act completing the construction,which means, the building is lead astray without breaking authors copyright.Other special rights are provided such as a right to make a photo of the objectbefore destroying it.Despite regarding architecture objects as protected by copyright the draft law isadopted in the first reading that limits the rights and influence of architect has in theprocess of building. The draft law proposes an option for architect to transfer rights,being apart from the process of building. This can cause a situation when the buildingwill be constructively changed, the creation will be changed without the authors participation.If this proposal will be implemented, the level of the creativeness in architecturewould decrease and even lost. So, the total sphere risks losing the status ofbeing creative. It is underlined that respect to the copyright in architecture is necessaryto the industry and its development. In particular. such rights of the architect asa subject of intellectual property law will be under threat: the freedom of creativity,the right to the inviolability of the work, economic rights. Another thing which is ofconcern is the responsibility of the architect. The removal of the architect during theconstruction process poses a risk of absence of the culprit in case of deformation or destructionof the object, caused by a structural defect or defect of the project.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"245 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134097998","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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