Keywords: intellectual property, attestation, representation, legal status, patent attorneys The article is devoted to the study of the organizational and legal principles of attestation of candidates to patent attorneys in Ukraine. The article analyses formation and development of the institute of patent attorneys in the context of obtaining the legal status of a patent attorney and adducesperiodization of the stages of development of the attestation procedure from 1994 to2022. The possibility is substantiated of conditional distinguishing of four stages. The first stage of formation of legal bases of the institute of patent attorneys in Ukraine (1994−1996) is connected with creation of legal bases of functioning of the institute, definition of standard and requirements for obtaining the legal status of a patent attorney, introduction of procedure of attestation of candidates to patent attorneys, formation of community of patent attorneys. The second stage of the development of the institute of patent attorneys conditionallylasted from 1996 to 2016 and is conditionally characterized as a period of strong development of the patent attorneys community, in particular by regular attestation, the creation of the first professional association of patent attorneys and their active assistance in the development of intellectual property protection. The third stage, which has been ongoing from 2017 to the present, is actually characterized by the suspension of attestation and the block of the possibility of obtaining the legal status of a patent attorney. It has been established that the result of the reform of the system of legal protection of intellectual property, in particular the liquidation of the State Intellectual Property Service and the subordination of the relevant sphere of intellectual property to the competence of the Ministry of Economy, was the suspension of the attestation procedure. The exclusion from participation in the attestation procedure of the educationalinstitution, based on which attestation and transfer of the relevant functions to the subordinate enterprise took place, partially complicated the continuation of the attestation procedure. The expulsion from participation of the educational institution in the attestation procedure, because of which the attestation took place and transfer of the relevant functions to the subordinate enterprise, partially complicated the continuation of the attestation procedure. The attention has been drawn to the absence of the corresponding order of the Ministry of Economy on the approval of composition of the Attestation and the Appeal Commission. The authors have described the prospects for the development of the attestation procedure at the fourth stage, which can tentatively begin in 2022.
{"title":"The legal and organizational principles of attestation of candidates to patent attorneys","authors":"Olha Kulinich, M.Yu. Pototskyi","doi":"10.33731/62022.274655","DOIUrl":"https://doi.org/10.33731/62022.274655","url":null,"abstract":"Keywords: intellectual property, attestation, representation, legal status, patent attorneys The article is devoted to the study of the organizational and legal principles of attestation of candidates to patent attorneys in Ukraine. The article analyses formation and development of the institute of patent attorneys in the context of obtaining the legal status of a patent attorney and adducesperiodization of the stages of development of the attestation procedure from 1994 to2022. The possibility is substantiated of conditional distinguishing of four stages. The first stage of formation of legal bases of the institute of patent attorneys in Ukraine (1994−1996) is connected with creation of legal bases of functioning of the institute, definition of standard and requirements for obtaining the legal status of a patent attorney, introduction of procedure of attestation of candidates to patent attorneys, formation of community of patent attorneys. The second stage of the development of the institute of patent attorneys conditionallylasted from 1996 to 2016 and is conditionally characterized as a period of strong development of the patent attorneys community, in particular by regular attestation, the creation of the first professional association of patent attorneys and their active assistance in the development of intellectual property protection. The third stage, which has been ongoing from 2017 to the present, is actually characterized by the suspension of attestation and the block of the possibility of obtaining the legal status of a patent attorney. It has been established that the result of the reform of the system of legal protection of intellectual property, in particular the liquidation of the State Intellectual Property Service and the subordination of the relevant sphere of intellectual property to the competence of the Ministry of Economy, was the suspension of the attestation procedure. The exclusion from participation in the attestation procedure of the educationalinstitution, based on which attestation and transfer of the relevant functions to the subordinate enterprise took place, partially complicated the continuation of the attestation procedure. The expulsion from participation of the educational institution in the attestation procedure, because of which the attestation took place and transfer of the relevant functions to the subordinate enterprise, partially complicated the continuation of the attestation procedure. The attention has been drawn to the absence of the corresponding order of the Ministry of Economy on the approval of composition of the Attestation and the Appeal Commission. The authors have described the prospects for the development of the attestation procedure at the fourth stage, which can tentatively begin in 2022.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133912620","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, creativity, enlightenment, creator`s rights, commercialization,social effect, brand of a state. The article is devoted to the issues of defining the mission of enlightenmentin the sphere of intellectual property. The importance of studying intellectualproperty from childhood is argued. It is proved the advisability to create an integratedcourse or lessons in the school curriculum in order to highlight basic knowledge of intellectualproperty to children.The mission of educating children is revealed and educational tasks are determined,the implementation of which is important for every child, society, state and achieving apositive effect of activating the DNA code of the creative nation in Ukraine.Among the tasks of enlightenment activity, those have been defined, the implementationof which are aimed at the coming of a positive effect for a particular person, namely:the development of creativity in an individual; to cultivate respect rights of creators, intellectualproperty; the understanding importance and strength of creativity in humanlife, for society and country; the acquisition of knowledge about the mechanism of commercializationin the sphere of intellectual property; the awareness of the special statusof a creator as a person to whom the special rights belong and on whom responsibility isassigned for the content of the creation created by him.Among the tasks of enlightenment, which have a positive social effect for a state andsociety, the following have been defined: the training of a new generation in the spirit ofrespect the rights of creators, with a high level of literacy and legal culture in the sphereof intellectual property; the creating prerequisites for the innovative development ofecosystem and creativity; the formation of a powerful community of specialists in thesphere of intellectual property with the appropriate level of competence and qualification,taking into account modern digital trends in the development of society; the promotingthe development and implementation of modern technologies for the development ofthe Ukrainian economy; the formation of own, recognizable brand Ukraine with a significantintellectual component.It has been concluded that the achievement of the relevant tasks requires the developmentand systematization of effective tools and forms of enlightenment activities, alsoit has been defined the directions for subsequent research on this topic.
{"title":"Implementation of the mission of enlightenment children in the sphere of intellectual property: the step towards activating the creative nation` s DNA code","authors":"Olha Kulinich","doi":"10.33731/52022.270915","DOIUrl":"https://doi.org/10.33731/52022.270915","url":null,"abstract":"Keywords: intellectual property, creativity, enlightenment, creator`s rights, commercialization,social effect, brand of a state. \u0000The article is devoted to the issues of defining the mission of enlightenmentin the sphere of intellectual property. The importance of studying intellectualproperty from childhood is argued. It is proved the advisability to create an integratedcourse or lessons in the school curriculum in order to highlight basic knowledge of intellectualproperty to children.The mission of educating children is revealed and educational tasks are determined,the implementation of which is important for every child, society, state and achieving apositive effect of activating the DNA code of the creative nation in Ukraine.Among the tasks of enlightenment activity, those have been defined, the implementationof which are aimed at the coming of a positive effect for a particular person, namely:the development of creativity in an individual; to cultivate respect rights of creators, intellectualproperty; the understanding importance and strength of creativity in humanlife, for society and country; the acquisition of knowledge about the mechanism of commercializationin the sphere of intellectual property; the awareness of the special statusof a creator as a person to whom the special rights belong and on whom responsibility isassigned for the content of the creation created by him.Among the tasks of enlightenment, which have a positive social effect for a state andsociety, the following have been defined: the training of a new generation in the spirit ofrespect the rights of creators, with a high level of literacy and legal culture in the sphereof intellectual property; the creating prerequisites for the innovative development ofecosystem and creativity; the formation of a powerful community of specialists in thesphere of intellectual property with the appropriate level of competence and qualification,taking into account modern digital trends in the development of society; the promotingthe development and implementation of modern technologies for the development ofthe Ukrainian economy; the formation of own, recognizable brand Ukraine with a significantintellectual component.It has been concluded that the achievement of the relevant tasks requires the developmentand systematization of effective tools and forms of enlightenment activities, alsoit has been defined the directions for subsequent research on this topic.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114327327","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: informational security, cyberspace, cybersecurity, intellectual property The catalyst for changes in the sphere of cyber-security in our countryhas been the hybrid war unleashed by the Russian Federation with the use of bothclassic and non-lethal weapons, through cyberspace and across cyberspace included.Challenges and threats to the national security of Ukraine in the cyberspaceled to the creation of the Cybersecurity Strategy of Ukraine.The cyberwar in Ukraine showed the ineffectiveness of the current internationallegal deterrence mechanism. The most important aspect of the development ofinternational humanitarian law is the formation of modern principles of counteractionto unfriendly actions of aggressors in cyberspace. Encouraging innovative activityand protecting rights holders from cyber threats is the main direction ofstate (national) intellectual property strategies, as a significant foundation for therapid development of industrial potential. Cybersecurity prevents the infringementof intellectual property rights and also ensures the privacy of databases,trade secrets and know-how to rights holders. It is the effective state position inthis area that will ensure the rapid recovery of our state after the end of the war.Legislative regulation of cyber protection in Ukraine corresponds to internationalstandards and modern cybersecurity strategies of the EU and NATO. In ouropinion, the most promising directions of development of the national cyber defencesystem are: improvement of the legal basis of cyber defence for critical infrastructurefacilities; implementation of the system of independent information security;development of international cooperation in the field of cybersecurity; increasein digital literacy of citizens and culture of safe behaviour in the cyberspace.The cyberwar in Ukraine has shown the ineffectiveness of the current internationallegal deterrence mechanism. The most important aspect of the developmentof international humanitarian law is the formation of modern principles of counteractionin cyberspace and the protection of the interests of small countries fromunfriendly actions.
{"title":"Current legal trends of cyber security and intellectual property","authors":"Olha Bakalinska","doi":"10.33731/52022.270899","DOIUrl":"https://doi.org/10.33731/52022.270899","url":null,"abstract":"Keywords: informational security, cyberspace, cybersecurity, intellectual property \u0000The catalyst for changes in the sphere of cyber-security in our countryhas been the hybrid war unleashed by the Russian Federation with the use of bothclassic and non-lethal weapons, through cyberspace and across cyberspace included.Challenges and threats to the national security of Ukraine in the cyberspaceled to the creation of the Cybersecurity Strategy of Ukraine.The cyberwar in Ukraine showed the ineffectiveness of the current internationallegal deterrence mechanism. The most important aspect of the development ofinternational humanitarian law is the formation of modern principles of counteractionto unfriendly actions of aggressors in cyberspace. Encouraging innovative activityand protecting rights holders from cyber threats is the main direction ofstate (national) intellectual property strategies, as a significant foundation for therapid development of industrial potential. Cybersecurity prevents the infringementof intellectual property rights and also ensures the privacy of databases,trade secrets and know-how to rights holders. It is the effective state position inthis area that will ensure the rapid recovery of our state after the end of the war.Legislative regulation of cyber protection in Ukraine corresponds to internationalstandards and modern cybersecurity strategies of the EU and NATO. In ouropinion, the most promising directions of development of the national cyber defencesystem are: improvement of the legal basis of cyber defence for critical infrastructurefacilities; implementation of the system of independent information security;development of international cooperation in the field of cybersecurity; increasein digital literacy of citizens and culture of safe behaviour in the cyberspace.The cyberwar in Ukraine has shown the ineffectiveness of the current internationallegal deterrence mechanism. The most important aspect of the developmentof international humanitarian law is the formation of modern principles of counteractionin cyberspace and the protection of the interests of small countries fromunfriendly actions.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"259 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133421494","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: disposal of intellectual property rights, legal status of a natural personentrepreneur,subjects of copyright The possibility of using copyright in the economic activityof an individual entrepreneur and the conclusion by them of agreements on the disposalof copyright is not directly provided by law. Taking into account that the ownersof copyright are only individuals and legal entities, the question of whether an individualentrepreneur may be a party to a contract aimed at the transfer of copyright orgranting permission to use a work, or whether such contracts should be concluded bythem only as a natural person, is relevant. This issue has not received proper doctrinalcoverage and remains almost unexplored. Giving a clear answer to this question isvery important in order to avoid mistakes in the contractual regulation of the relationsand to find out whether the income received as a result of the disposal of copyrightis included in the income of a physical person-entrepreneur.It was determined that the status of an entrepreneur is an additional legal statusof a natural person which is combined with their legal status of a person and a citizen.In economic relations, a natural person acts from the position of an entrepreneur, inany relations outside of entrepreneurship — as a person and a citizen. At the sametime, entering into economic relations, the entrepreneur has all the civil rights previouslyacquired by them as an individual, and continues to acquire new civil rights asan individual, in particular, the copyright for new works. Being the subject of copyrightas a natural person, an entrepreneur can use the corresponding work and disposeof the rights to it as individual entrepreneur without the need for additional documentationof the fact of copyright ownerships, in particular, without concluding anagreement on the transfer of these rights between him/her as a natural person andhim/her as a natural person-entrepreneur. The remuneration received by a naturalperson-entrepreneur as a result of the disposal of copyright in their economic activityis included in their income as a natural person-entrepreneur.A natural person-entrepreneur can alienate copyright on the basis of the relevantcontract, as well as grant permission to other persons to use the work by virtue ofownership of copyright to them as natural persons and without any formalities. Anindividual entrepreneur may obtain permission to use a work from another person onthe basis of a license agreement without any restrictions. The lack of legislative specificationof this aspect gives rise to disputes about how the legal statuses of a naturalperson and a natural person-entrepreneur are combined and interact in economic activitiesrelated to the creation and use of works. In this regard, in the provisions of theEconomic Code and the Civil Code, it is expedient to determine that an individual entrepreneuruses intellectual property rights in their economic activity belonging tothem as in
{"title":"A natural person-entrepreneur as a party to the contract for the disposal of copyright","authors":"A. Shtefan","doi":"10.33731/52022.270780","DOIUrl":"https://doi.org/10.33731/52022.270780","url":null,"abstract":"Keywords: disposal of intellectual property rights, legal status of a natural personentrepreneur,subjects of copyright \u0000The possibility of using copyright in the economic activityof an individual entrepreneur and the conclusion by them of agreements on the disposalof copyright is not directly provided by law. Taking into account that the ownersof copyright are only individuals and legal entities, the question of whether an individualentrepreneur may be a party to a contract aimed at the transfer of copyright orgranting permission to use a work, or whether such contracts should be concluded bythem only as a natural person, is relevant. This issue has not received proper doctrinalcoverage and remains almost unexplored. Giving a clear answer to this question isvery important in order to avoid mistakes in the contractual regulation of the relationsand to find out whether the income received as a result of the disposal of copyrightis included in the income of a physical person-entrepreneur.It was determined that the status of an entrepreneur is an additional legal statusof a natural person which is combined with their legal status of a person and a citizen.In economic relations, a natural person acts from the position of an entrepreneur, inany relations outside of entrepreneurship — as a person and a citizen. At the sametime, entering into economic relations, the entrepreneur has all the civil rights previouslyacquired by them as an individual, and continues to acquire new civil rights asan individual, in particular, the copyright for new works. Being the subject of copyrightas a natural person, an entrepreneur can use the corresponding work and disposeof the rights to it as individual entrepreneur without the need for additional documentationof the fact of copyright ownerships, in particular, without concluding anagreement on the transfer of these rights between him/her as a natural person andhim/her as a natural person-entrepreneur. The remuneration received by a naturalperson-entrepreneur as a result of the disposal of copyright in their economic activityis included in their income as a natural person-entrepreneur.A natural person-entrepreneur can alienate copyright on the basis of the relevantcontract, as well as grant permission to other persons to use the work by virtue ofownership of copyright to them as natural persons and without any formalities. Anindividual entrepreneur may obtain permission to use a work from another person onthe basis of a license agreement without any restrictions. The lack of legislative specificationof this aspect gives rise to disputes about how the legal statuses of a naturalperson and a natural person-entrepreneur are combined and interact in economic activitiesrelated to the creation and use of works. In this regard, in the provisions of theEconomic Code and the Civil Code, it is expedient to determine that an individual entrepreneuruses intellectual property rights in their economic activity belonging tothem as in","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115380974","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, NATO, security, defence, patents, reform of legislation,Ministry of Defence of Ukraine The article concerns the necessity to develop the road-map in the field of drafting thenational intellectual property legislation in accordance with NATO Recommendations.The article gives the example of so-called «young members» of NATO (Finland andSweden) on drafting national legislation to be papered for the membership in NATO.Despite the discussions regarding the date of Ukraine's possessing of membership in theAlliance, Ukraine should already draft a legal background for the proper protection ofintellectual property in the spheres of defence and security basing on the standards ofNATO. Ukraine should pay proper attention for opening the new page of intellectualproperty — the Intellectual Property legislation of NATO countries. Planning to developthe defense industry on our country we should be papered in the best way to guaranteethe intellectual property protection in accordance with NATO standards.
{"title":"HOW TO BE PREPARED FOR THE MEMBERSHIP IN NATO WITH THE PERSPECTIVE OF INTELLECTUAL PROPERTY","authors":"O. Kashyntseva","doi":"10.33731/52022.270913","DOIUrl":"https://doi.org/10.33731/52022.270913","url":null,"abstract":"Keywords: intellectual property, NATO, security, defence, patents, reform of legislation,Ministry of Defence of Ukraine \u0000The article concerns the necessity to develop the road-map in the field of drafting thenational intellectual property legislation in accordance with NATO Recommendations.The article gives the example of so-called «young members» of NATO (Finland andSweden) on drafting national legislation to be papered for the membership in NATO.Despite the discussions regarding the date of Ukraine's possessing of membership in theAlliance, Ukraine should already draft a legal background for the proper protection ofintellectual property in the spheres of defence and security basing on the standards ofNATO. Ukraine should pay proper attention for opening the new page of intellectualproperty — the Intellectual Property legislation of NATO countries. Planning to developthe defense industry on our country we should be papered in the best way to guaranteethe intellectual property protection in accordance with NATO standards.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126267920","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: protection of rights, intellectual property; patent, industrial design, invention,utility model, appeals chamber, patent trolling The right of intellectual property is the leading drivingforce of the economy of any state; therefore its legal protection requires proper legalregulation and constant improvement through the adoption of new laws, amendmentsto current legal acts, and the introduction of innovations in judicial activity.On 21.07.2020, Ukraine adopted the Law of Ukraine «On Amendments to CertainLegislative Acts of Ukraine on Strengthening the Protection and Protection of Rightsto Marks for Goods and Services, Industrial Designs and Countering the Abuse of Patents» and the Law of Ukraine «On Amendments to some legislative acts ofUkraine regarding patent legislation reform». These laws were important steps in thefield of legal protection of intellectual property.These laws essentially complete the procedure for updating legislation in the fieldof industrial property. They have positive features, but also have some disadvantages.The article is devoted to the consideration of the peculiarities of the protection ofindustrial property rights in the context of reforming legislation in the field of intellectualproperty. The publication emphasizes that today in Ukraine there are a significantnumber of cases of violation of intellectual property rights, which cause significantdamage not only to the rights holders, but also to the state as a whole. Despitethe positive changes in legislation in the field of industrial property protection madein recent years, it should be emphasized the presence of certain shortcomings andcontradictions in the legal regulation of the procedure for acquiring and protectingrights to inventions, useful models and industrial objects. Projects, which is primarilydue to the lack of necessary changes regarding the implementation of legislativenorms at the sub-legal level. It is noted that measures to ensure the effective protectionof intellectual property rights should be directed not only by the state and its bodies,the main role in this should be played by the activities of the right holders themselvesin monitoring the observance of their rights and preventing violations.
{"title":"Protection of industrial property rights in the context of patent legislation reform","authors":"Vladyslav Grynchuk","doi":"10.33731/52022.270783","DOIUrl":"https://doi.org/10.33731/52022.270783","url":null,"abstract":"Keywords: protection of rights, intellectual property; patent, industrial design, invention,utility model, appeals chamber, patent trolling \u0000The right of intellectual property is the leading drivingforce of the economy of any state; therefore its legal protection requires proper legalregulation and constant improvement through the adoption of new laws, amendmentsto current legal acts, and the introduction of innovations in judicial activity.On 21.07.2020, Ukraine adopted the Law of Ukraine «On Amendments to CertainLegislative Acts of Ukraine on Strengthening the Protection and Protection of Rightsto Marks for Goods and Services, Industrial Designs and Countering the Abuse of Patents» and the Law of Ukraine «On Amendments to some legislative acts ofUkraine regarding patent legislation reform». These laws were important steps in thefield of legal protection of intellectual property.These laws essentially complete the procedure for updating legislation in the fieldof industrial property. They have positive features, but also have some disadvantages.The article is devoted to the consideration of the peculiarities of the protection ofindustrial property rights in the context of reforming legislation in the field of intellectualproperty. The publication emphasizes that today in Ukraine there are a significantnumber of cases of violation of intellectual property rights, which cause significantdamage not only to the rights holders, but also to the state as a whole. Despitethe positive changes in legislation in the field of industrial property protection madein recent years, it should be emphasized the presence of certain shortcomings andcontradictions in the legal regulation of the procedure for acquiring and protectingrights to inventions, useful models and industrial objects. Projects, which is primarilydue to the lack of necessary changes regarding the implementation of legislativenorms at the sub-legal level. It is noted that measures to ensure the effective protectionof intellectual property rights should be directed not only by the state and its bodies,the main role in this should be played by the activities of the right holders themselvesin monitoring the observance of their rights and preventing violations.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115952924","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: organization of collective management, copyright, related rights, collectivemanagement, system, legal act The article is devoted to the study of the evolution of the system of collective management of the rights ofsubjects of copyright and/or related rights. During the research, the author analysedthe main regulatory legal acts, based on which the legal regulation of collective managementactivities in the field of copyright and related rights was carried out. Considerableattention is paid to state bodies, institutions, enterprises and organizations,which in different periods of the development of the collective management systemwere responsible for the implementation of state policy in the specified area.Based on the data obtained during the analysis, the author singled out several mainstages of formation and development of the system of collective management in Ukraine:1) 1991–1999; 2) 1999–2011; 3) 2011–2018 years; 4) 2018 is the present. Within each ofthese periods, the peculiarities of collective management activities at the time, as well ascontrol over the implementation of such activities, were characterized. The author characterizesthe first period of the development of the specified system as the period of formationof such a system with the presence of duplication of powers to exercise collectivemanagement both in state institutions and in non-state organizations specially createdfor this purpose. The next period was marked by the separation and streamlining of thepowers of specially created collective management organizations to carry out rights managementactivities. The main achievement of the development of the collective managementsystem at the third stage was the creation of a separate state authority responsiblefor the implementation of state policy in the field of intellectual property, and in particularthe collective management of rights. The final stage of the path described in the articlewas the adoption of a special law aimed at regulating the field of collective managementof copyright and/or related rights.Based on all of the above, the author concluded that the conducted research willcontribute to the search for ways to further improve the system of collective managementin the field of copyright and/or related rights.
{"title":"Evolution of the system of collective management of property copyright and/or related rights in Ukraine (1991–2022)","authors":"Valeriia Mashkova","doi":"10.33731/52022.270781","DOIUrl":"https://doi.org/10.33731/52022.270781","url":null,"abstract":"Keywords: organization of collective management, copyright, related rights, collectivemanagement, system, legal act \u0000The article is devoted to the study of the evolution of the system of collective management of the rights ofsubjects of copyright and/or related rights. During the research, the author analysedthe main regulatory legal acts, based on which the legal regulation of collective managementactivities in the field of copyright and related rights was carried out. Considerableattention is paid to state bodies, institutions, enterprises and organizations,which in different periods of the development of the collective management systemwere responsible for the implementation of state policy in the specified area.Based on the data obtained during the analysis, the author singled out several mainstages of formation and development of the system of collective management in Ukraine:1) 1991–1999; 2) 1999–2011; 3) 2011–2018 years; 4) 2018 is the present. Within each ofthese periods, the peculiarities of collective management activities at the time, as well ascontrol over the implementation of such activities, were characterized. The author characterizesthe first period of the development of the specified system as the period of formationof such a system with the presence of duplication of powers to exercise collectivemanagement both in state institutions and in non-state organizations specially createdfor this purpose. The next period was marked by the separation and streamlining of thepowers of specially created collective management organizations to carry out rights managementactivities. The main achievement of the development of the collective managementsystem at the third stage was the creation of a separate state authority responsiblefor the implementation of state policy in the field of intellectual property, and in particularthe collective management of rights. The final stage of the path described in the articlewas the adoption of a special law aimed at regulating the field of collective managementof copyright and/or related rights.Based on all of the above, the author concluded that the conducted research willcontribute to the search for ways to further improve the system of collective managementin the field of copyright and/or related rights.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128695343","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: artificial intelligence, intellectual property law, copyright, industrialproperty law, computer programs In Poland, as in other countries, there is an ongoing discussion on legal issues related to artificial intelligence. Formany people, there is no doubt that this intelligence should be protected. The problem rather narrows down to what conditions must be met for this protection. Some Polish scientists want to wait for solutions to be developed in the European Union.Poland, as a member state of the European Union, must respect the regulations emerging at the EU level. These regulations are only being planned. There is a certain risk in introducing new regulations in Poland without waiting for EU solutions.It could turn out that the laws adopted by Poland would be incompatible, not in compliance with European law.On the other hand, the software producers' communities are pushing for the introductionof relevant legislation now. They claim that this is needed to protect the funds that are being invested in artificial intelligence in Poland. In their view, without proper legislation, investors will reduce financial support for the developmentof artificial intelligence. In fact, however, the computer manufacturers' communityis not at all concerned with protecting 'mere' artificial intelligence. It is protected in Poland and can be provided by copyright law in particular. The most important issue in Poland already relates to the protection of creations generatedby artificial intelligence. This is in fact what the computer software development community and beyond cares most about.However, the protection of creations of artificial intelligence is not only about benefits, but also about threats. This will be discussed further in the article. Some lawyers are considering how to interpret the existing legislation so that the protectionof artificial intelligence creations is already possible. They want to use existing theoretical constructs to justify this protection.
{"title":"Artificial intelligence from the perspective of polish intellectual property law. Selected issues","authors":"Adrian Nievienhlovskyi","doi":"10.33731/52022.270901","DOIUrl":"https://doi.org/10.33731/52022.270901","url":null,"abstract":"Keywords: artificial intelligence, intellectual property law, copyright, industrialproperty law, computer programs \u0000In Poland, as in other countries, there is an ongoing discussion on legal issues related to artificial intelligence. Formany people, there is no doubt that this intelligence should be protected. The problem rather narrows down to what conditions must be met for this protection. Some Polish scientists want to wait for solutions to be developed in the European Union.Poland, as a member state of the European Union, must respect the regulations emerging at the EU level. These regulations are only being planned. There is a certain risk in introducing new regulations in Poland without waiting for EU solutions.It could turn out that the laws adopted by Poland would be incompatible, not in compliance with European law.On the other hand, the software producers' communities are pushing for the introductionof relevant legislation now. They claim that this is needed to protect the funds that are being invested in artificial intelligence in Poland. In their view, without proper legislation, investors will reduce financial support for the developmentof artificial intelligence. In fact, however, the computer manufacturers' communityis not at all concerned with protecting 'mere' artificial intelligence. It is protected in Poland and can be provided by copyright law in particular. The most important issue in Poland already relates to the protection of creations generatedby artificial intelligence. This is in fact what the computer software development community and beyond cares most about.However, the protection of creations of artificial intelligence is not only about benefits, but also about threats. This will be discussed further in the article. Some lawyers are considering how to interpret the existing legislation so that the protectionof artificial intelligence creations is already possible. They want to use existing theoretical constructs to justify this protection.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128382944","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: objects of intellectual property rights, trademark, utility model, copyrightand/or related rights, industrial design, unregistered industrial design, utilitymodel, commercial name The law of the fashion industry is a branch of law that regulates publicrelations arising in connection with activities related to products of the light andcosmetic industries. Creative products, such as fashion designs expressed in products,may be protected as intellectual property rights. A design solution embodied in a particularproduct may be protected by one or more intellectual property institutions.Design solutions in the field of fashion are not directly defined in the legislation,but their properties are reflected in the features of various objects of intellectual propertyrights. The design solution embodied in the product may include copyright, industrialdesign, utility model, trademark, geographical indication, trade name. However,if the product contains several objects of intellectual property rights at once, theauthor currently registers not all, but one/two due to the cost of registration (obtaininga certificate or patent). There is an example of a bag given in the article, whichshows how protection for an industrial design and a trademark can be received immediately.But there is no procedure for providing protection by design solutions.For comprehensive protection of a design solution in the system of cross-borderprotection of intellectual property rights, foremost it is necessary to introduce the conceptof «design solution» by law. Furthermore, since design solutions in the fashion industryare seasonal and short-term, the law should give «accelerated preferentialtreatment» to design solutions in the fashion industry. This means that, after a designdecision is registered, it is protected for one year. After one year, the designerspay the fees to officially register the intellectual property rights. This way, the designerscan understand the relevance and purchasing power of the goods and avoid payinghigh fees to register intellectual property rights.
{"title":"Protection of intellectual property rights in Ukraine: design solution","authors":"N. Samolovova","doi":"10.33731/52022.270784","DOIUrl":"https://doi.org/10.33731/52022.270784","url":null,"abstract":"Keywords: objects of intellectual property rights, trademark, utility model, copyrightand/or related rights, industrial design, unregistered industrial design, utilitymodel, commercial name \u0000The law of the fashion industry is a branch of law that regulates publicrelations arising in connection with activities related to products of the light andcosmetic industries. Creative products, such as fashion designs expressed in products,may be protected as intellectual property rights. A design solution embodied in a particularproduct may be protected by one or more intellectual property institutions.Design solutions in the field of fashion are not directly defined in the legislation,but their properties are reflected in the features of various objects of intellectual propertyrights. The design solution embodied in the product may include copyright, industrialdesign, utility model, trademark, geographical indication, trade name. However,if the product contains several objects of intellectual property rights at once, theauthor currently registers not all, but one/two due to the cost of registration (obtaininga certificate or patent). There is an example of a bag given in the article, whichshows how protection for an industrial design and a trademark can be received immediately.But there is no procedure for providing protection by design solutions.For comprehensive protection of a design solution in the system of cross-borderprotection of intellectual property rights, foremost it is necessary to introduce the conceptof «design solution» by law. Furthermore, since design solutions in the fashion industryare seasonal and short-term, the law should give «accelerated preferentialtreatment» to design solutions in the fashion industry. This means that, after a designdecision is registered, it is protected for one year. After one year, the designerspay the fees to officially register the intellectual property rights. This way, the designerscan understand the relevance and purchasing power of the goods and avoid payinghigh fees to register intellectual property rights.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123961662","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: innovative and intellectual environment, subjects of intellectual propertyrights, innovative infrastructure, commercialization of property rights, marketfunctions In the article, the author examines the meaning of the concept of «innovative and intellectualenvironment» and, from a methodological standpoint, the economic andlegal model of the organizational and functional structure of the innovative and intellectualenvironment. This allows to disclose the content of the components of themodel, which are combined into functional connections, creating a productive field ofdirections of the transformation process in the production sphere of objects of intellectualproperty rights into innovative products for the purpose of commercialization ofintellectual property rights on the market of intellectual property, innovative technologiesand innovative products to profit-making purposes. It is noted that in theeconomic and legal literature today, there is no single approach to understanding theessence of the concept and content of the «innovative and intellectual environment».The concept of «innovative environment» is presented in a much broader sense. Froman economic and legal viewpoint, the use of the term «innovative and intellectual environment» is justified, where priority is given to innovation as the basis for the transformationof intellectual property rights in the production sphere of activity into aninnovative product, and also as the basis for the use of innovative technologies. Thereare considered from a theoretical and organizational perspective the target contentcomponents of the model, that include: the formation of human intellectual capital,which includes subjects of intellectual property rights; creation and organization ofinnovative infrastructure as a production sphere of activity; organizational combinationof innovative infrastructure with intermediaries for the commercialization of intellectual property rights, which are catalysts for the transformation of objects of intellectualproperty rights into innovative products; commercialization of intellectualproperty rights, which refers to the innovative and intellectual sphere of activity; purposeand functions of the market of intellectual property, the market of innovativetechnologies and the market of innovative products.
{"title":"Organizational and functional structure of the innovative and intellectual environment: concept and conception of interaction","authors":"Oleksandr Butnik-Siverskyi","doi":"10.33731/52022.270893","DOIUrl":"https://doi.org/10.33731/52022.270893","url":null,"abstract":"Keywords: innovative and intellectual environment, subjects of intellectual propertyrights, innovative infrastructure, commercialization of property rights, marketfunctions \u0000In the article, the author examines the meaning of the concept of «innovative and intellectualenvironment» and, from a methodological standpoint, the economic andlegal model of the organizational and functional structure of the innovative and intellectualenvironment. This allows to disclose the content of the components of themodel, which are combined into functional connections, creating a productive field ofdirections of the transformation process in the production sphere of objects of intellectualproperty rights into innovative products for the purpose of commercialization ofintellectual property rights on the market of intellectual property, innovative technologiesand innovative products to profit-making purposes. It is noted that in theeconomic and legal literature today, there is no single approach to understanding theessence of the concept and content of the «innovative and intellectual environment».The concept of «innovative environment» is presented in a much broader sense. Froman economic and legal viewpoint, the use of the term «innovative and intellectual environment» is justified, where priority is given to innovation as the basis for the transformationof intellectual property rights in the production sphere of activity into aninnovative product, and also as the basis for the use of innovative technologies. Thereare considered from a theoretical and organizational perspective the target contentcomponents of the model, that include: the formation of human intellectual capital,which includes subjects of intellectual property rights; creation and organization ofinnovative infrastructure as a production sphere of activity; organizational combinationof innovative infrastructure with intermediaries for the commercialization of intellectual property rights, which are catalysts for the transformation of objects of intellectualproperty rights into innovative products; commercialization of intellectualproperty rights, which refers to the innovative and intellectual sphere of activity; purposeand functions of the market of intellectual property, the market of innovativetechnologies and the market of innovative products.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"99 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128279008","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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