Keywords: protection of intellectual property rights, European Union, integrationof Ukraine and the EU, enforcement of intellectual property, copyright protection The modern development of EU intellectual property law in2017-2022 is studied. The active role of the European Commission in analysing the effectivenessof EU acts and determining plans for the development of the sphere of intellectualproperty in the EU is noted. Attention is drawn to the expediency of usingEuropean Commission documents within the framework of the integration of Ukraineand the EU regarding IP (IP action plan, COM/2020/760 final; IP enforcement system,COM(2017) 707 final; guidance on Directive 2004/48 /EC, COM(2017) 708 final,standard essential patents», COM(2017) 712 final etc; evaluation of design designsprotection, 2020; system of supplementary protection certificate, 2020; geographicalindications protection, 2020 etc.The essential importance of the DSM Directive (EU) 2019/790 with introduction ofa sustainable system of payment the fair remuneration to authors and performers aswell revocation mechanism regarding licence or the transfer of rights where there is alack of exploitation of that work, and the relevance of the implementation of theseprovisions in the legislation of Ukraine are emphasized.It is relevant to take into account the Guidance of the Commission on Directive2004/48/EC, in particular, that the right holder could demand that the damages set asa lump sum are calculated not only because of the single amount of that hypotheticalroyalty/fee, but also based on other appropriate aspects. Regarding Commission evaluationof the Regulations (EC) No. 469/2009 and No. 1610/96 concerning the supplementaryprotection certificate for medicinal products and plant protection products, itis relevant to take into consideration in the legislation of Ukraine not only the provisionsof the specified regulations, but also the decisions of the ECJ on the interpretationof the specified acts. Regarding geographical indication protection for craft and industrial products inthe EU-registration of GI for non-agricultural products is possible in Ukraine. However,the activities of the ministries need to be particularly strengthened, consideringthe experience of Poland, Moldova and other countries that envisage support fromgovernment authorities for the identification of promising geographical indications,assistance in creating associations of individuals to submit GI applications and in thepreparation of applications, as well as stimulating activities for the protection of GI.The relevance of the adoption in Ukraine of the Strategy for the Development ofthe Intellectual Property Sphere in Ukraine, which was developed in cooperation withWIPO back in 2019 and contains European oriented guidelines for the development ofthe sphere of intellectual property in Ukraine, is noted.
{"title":"Modern trends in the development of protection of intellectual property in the European Union in the context of the integration of Ukraine and the EU","authors":"Y. Kapitsa","doi":"10.33731/52022.270779","DOIUrl":"https://doi.org/10.33731/52022.270779","url":null,"abstract":"Keywords: protection of intellectual property rights, European Union, integrationof Ukraine and the EU, enforcement of intellectual property, copyright protection \u0000The modern development of EU intellectual property law in2017-2022 is studied. The active role of the European Commission in analysing the effectivenessof EU acts and determining plans for the development of the sphere of intellectualproperty in the EU is noted. Attention is drawn to the expediency of usingEuropean Commission documents within the framework of the integration of Ukraineand the EU regarding IP (IP action plan, COM/2020/760 final; IP enforcement system,COM(2017) 707 final; guidance on Directive 2004/48 /EC, COM(2017) 708 final,standard essential patents», COM(2017) 712 final etc; evaluation of design designsprotection, 2020; system of supplementary protection certificate, 2020; geographicalindications protection, 2020 etc.The essential importance of the DSM Directive (EU) 2019/790 with introduction ofa sustainable system of payment the fair remuneration to authors and performers aswell revocation mechanism regarding licence or the transfer of rights where there is alack of exploitation of that work, and the relevance of the implementation of theseprovisions in the legislation of Ukraine are emphasized.It is relevant to take into account the Guidance of the Commission on Directive2004/48/EC, in particular, that the right holder could demand that the damages set asa lump sum are calculated not only because of the single amount of that hypotheticalroyalty/fee, but also based on other appropriate aspects. Regarding Commission evaluationof the Regulations (EC) No. 469/2009 and No. 1610/96 concerning the supplementaryprotection certificate for medicinal products and plant protection products, itis relevant to take into consideration in the legislation of Ukraine not only the provisionsof the specified regulations, but also the decisions of the ECJ on the interpretationof the specified acts. \u0000Regarding geographical indication protection for craft and industrial products inthe EU-registration of GI for non-agricultural products is possible in Ukraine. However,the activities of the ministries need to be particularly strengthened, consideringthe experience of Poland, Moldova and other countries that envisage support fromgovernment authorities for the identification of promising geographical indications,assistance in creating associations of individuals to submit GI applications and in thepreparation of applications, as well as stimulating activities for the protection of GI.The relevance of the adoption in Ukraine of the Strategy for the Development ofthe Intellectual Property Sphere in Ukraine, which was developed in cooperation withWIPO back in 2019 and contains European oriented guidelines for the development ofthe sphere of intellectual property in Ukraine, is noted.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"62 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":"124767967","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, innovation, national security, economic security,critical technology, critical infrastructure, inventor, non-disclosure guidelines, securityexpertise, secret patent The article examines the role ofintellectual property, in particular, the Institute of Secret Inventions in the developmentof the Japanese economy, ensuring the national economic security of the state.An analysis of the new Law on Strengthening National Security through ComprehensiveEconomic Measures, adopted on May 11, 2022, is given. The organizational andeconomic mechanism for ensuring measures aimed at strengthening Japan's national economic security is considered: a system that ensures a stable supply of critical materials,a system for supporting the development of critical technologies, and a secretpatent system. Japan's Economic Security Act gives the Japanese government theright to determine economic threats and risks associated with foreign economic activity.Focusing on four areas of economic security — supply chains, basic infrastructure,advanced technology and the publication of patents on sensitive technologies — thelaw allows the national government to intervene in Japanese companies' deals withforeign companies. It is concluded that the economic and legal institution of secret inventions,which directly affects national security, will gain more and more importance.And certain provisions of the Law can be used in law-making and law-enforcementactivities in Ukraine: a system for supporting the development of critical technologies,designated patent classifications (Designated Patent Classifications) in thefields of technology that can affect national security, guidelines for non-disclosure, securityexpertise, a system of preliminary determination secrecy, government compensationfor restrictions in the form of payment of «ordinary damages», sanctions forleaking undisclosed patent information.
{"title":"The growing role of intellectual property in Japan's national economic security: legislative provision","authors":"H. Androshchuk","doi":"10.33731/52022.270789","DOIUrl":"https://doi.org/10.33731/52022.270789","url":null,"abstract":"Keywords: intellectual property, innovation, national security, economic security,critical technology, critical infrastructure, inventor, non-disclosure guidelines, securityexpertise, secret patent \u0000The article examines the role ofintellectual property, in particular, the Institute of Secret Inventions in the developmentof the Japanese economy, ensuring the national economic security of the state.An analysis of the new Law on Strengthening National Security through ComprehensiveEconomic Measures, adopted on May 11, 2022, is given. The organizational andeconomic mechanism for ensuring measures aimed at strengthening Japan's national economic security is considered: a system that ensures a stable supply of critical materials,a system for supporting the development of critical technologies, and a secretpatent system. Japan's Economic Security Act gives the Japanese government theright to determine economic threats and risks associated with foreign economic activity.Focusing on four areas of economic security — supply chains, basic infrastructure,advanced technology and the publication of patents on sensitive technologies — thelaw allows the national government to intervene in Japanese companies' deals withforeign companies. It is concluded that the economic and legal institution of secret inventions,which directly affects national security, will gain more and more importance.And certain provisions of the Law can be used in law-making and law-enforcementactivities in Ukraine: a system for supporting the development of critical technologies,designated patent classifications (Designated Patent Classifications) in thefields of technology that can affect national security, guidelines for non-disclosure, securityexpertise, a system of preliminary determination secrecy, government compensationfor restrictions in the form of payment of «ordinary damages», sanctions forleaking undisclosed patent information.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"1 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":"129696306","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, museum objects, accounting, financial and accounting policy, museum, license agreement Attitude to cultural values, their transmission to future generations, effective use in public life promotes self-identification of the nation, has a socially significant function of maintaining stability and sustainable social and economic development, is anindicator of the level of development, spiritual maturity of its citizens. The modern development of Ukrainian society is aimed at educating people with a humanistic worldview, characterized by openness to social and cultural change, dialogue. Public interest in the formation of creative personality, reassessment of values contribute to increasing attention to the cultural heritage of the past, which is stored in museum exhibitions, collections.Accounting of the museum fund (museum collection) determines the affiliation of each item to one or another part of the museum funds: the main fund of museum items or the fund of research aids, as well as museum collection items received as objects of intellectual property rights.Legislatively correct assignment of museum objects to the appropriate group of objects of copyright and related rights will allow in the future to correctly calculate and pay royalties and other remuneration for the use of such objects in the economic activities of museums.Objects of intellectual property rights for their registration must be completed and certified by relevant documents (patent, certificate, licence, etc.) in the manner prescribed by current legislation of Ukraine.The reflection of the introduction into economic circulation, use, accounting and disposal of certain acquired (created) objects of intellectual property rights as part of intangible assets, is in compliance with current legislation of Ukraine.It should be noted that objects of copyright and related rights that contribute to the cultural development of the state can be of significant economic importance both for the authors who created them and for the museum or the state.
{"title":"Accounting features of intellectual property rights in museums","authors":"Yu. A. Borko","doi":"10.33731/42022.265917","DOIUrl":"https://doi.org/10.33731/42022.265917","url":null,"abstract":"Keywords: objects of intellectual property rights, museum objects, accounting, financial and accounting policy, museum, license agreement \u0000Attitude to cultural values, their transmission to future generations, effective use in public life promotes self-identification of the nation, has a socially significant function of maintaining stability and sustainable social and economic development, is anindicator of the level of development, spiritual maturity of its citizens. The modern development of Ukrainian society is aimed at educating people with a humanistic worldview, characterized by openness to social and cultural change, dialogue. Public interest in the formation of creative personality, reassessment of values contribute to increasing attention to the cultural heritage of the past, which is stored in museum exhibitions, collections.Accounting of the museum fund (museum collection) determines the affiliation of each item to one or another part of the museum funds: the main fund of museum items or the fund of research aids, as well as museum collection items received as objects of intellectual property rights.Legislatively correct assignment of museum objects to the appropriate group of objects of copyright and related rights will allow in the future to correctly calculate and pay royalties and other remuneration for the use of such objects in the economic activities of museums.Objects of intellectual property rights for their registration must be completed and certified by relevant documents (patent, certificate, licence, etc.) in the manner prescribed by current legislation of Ukraine.The reflection of the introduction into economic circulation, use, accounting and disposal of certain acquired (created) objects of intellectual property rights as part of intangible assets, is in compliance with current legislation of Ukraine.It should be noted that objects of copyright and related rights that contribute to the cultural development of the state can be of significant economic importance both for the authors who created them and for the museum or the state.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"82 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133192345","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, Higher IP Court, judicial system, legal position,fact in issue Based on the analysis of the provisions of the Law of Ukraine «On Judicial System and Status of Judges», provisionsof procedural codes, as well as international practices, the author expresses doubts about the expediency of existence in the judicial system of Ukraine of a Higher Intellectual Property Court as a separate judicial institution. The identified proceduraland organizational flaws point to the untenability of the position that introducing such a specialized court into the judicial system would increase the effectiveness of intellectual property protection in Ukraine.There is every reason to assert that the Ukrainian state policy in the matter of the specialized court for this field tends towards ending up with something like a patent court. However, considering the qualification of the candidates for the domestic IPcourt and the first results of the competition, most likely Ukraine is going to end up with a High Court for Intellectual Property Matters composed of regular judges.In view of that, the decision to establish a specialized court for intellectual property matters as a separate element of the judicial system appears to be quite questionable, as it defeats the purpose of its creation. And this means, at the very least, budget wasted on the maintenance of an entire judicial institution.It is also absolutely unclear how the judges of the specialized court will be able to improve the quality of justice in the field of intellectual property law, as they will be effectively unable to bring law enforcement to a new level due to being burdened bythe already existing legal positions of the Supreme Court.The purpose of the article is to demonstrate the importance of the problems that are to be expected as a result of functioning of the Higher IP Court, and to propose an alternative way of ensuring the effectiveness of the protection of exclusive rights.
{"title":"The high court for intellectual property as an element of the judicial system in Ukraine. CONTRA SENTENTIAM","authors":"Sergiy Glotov","doi":"10.33731/42022.265935","DOIUrl":"https://doi.org/10.33731/42022.265935","url":null,"abstract":"Keywords: intellectual property law, Higher IP Court, judicial system, legal position,fact in issue \u0000Based on the analysis of the provisions of the Law of Ukraine «On Judicial System and Status of Judges», provisionsof procedural codes, as well as international practices, the author expresses doubts about the expediency of existence in the judicial system of Ukraine of a Higher Intellectual Property Court as a separate judicial institution. The identified proceduraland organizational flaws point to the untenability of the position that introducing such a specialized court into the judicial system would increase the effectiveness of intellectual property protection in Ukraine.There is every reason to assert that the Ukrainian state policy in the matter of the specialized court for this field tends towards ending up with something like a patent court. However, considering the qualification of the candidates for the domestic IPcourt and the first results of the competition, most likely Ukraine is going to end up with a High Court for Intellectual Property Matters composed of regular judges.In view of that, the decision to establish a specialized court for intellectual property matters as a separate element of the judicial system appears to be quite questionable, as it defeats the purpose of its creation. And this means, at the very least, budget wasted on the maintenance of an entire judicial institution.It is also absolutely unclear how the judges of the specialized court will be able to improve the quality of justice in the field of intellectual property law, as they will be effectively unable to bring law enforcement to a new level due to being burdened bythe already existing legal positions of the Supreme Court.The purpose of the article is to demonstrate the importance of the problems that are to be expected as a result of functioning of the Higher IP Court, and to propose an alternative way of ensuring the effectiveness of the protection of exclusive rights.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116274936","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: works of visual art, copyright, intellectual property law, creative industries,objects of copyright Works of fine art play an important role in many aspects of human life, which makes them one of the most common objects of copyright. However, there is no single approach to the generalizing concept of the definition of such works in Ukraine and the world.Works of visual art are created or used in almost every field that belongs to the creative industries. For some industries, works of fine art are fundamental. New approaches to the use of images lead to the need to rethink the entire system of copyright protection for visual works. Controversial issues also arise at the intersection of the application of copyright norms and the exercise of human rights.The article is devoted to the issues of legal definition of works of fine art in Ukraine, the USA and the EU. Authors also highlight the role of these works for creative industries. International norms, the USA and the EU legislations are analyzed regarding to the issues of the definition of artistic works. Authors made the research in the legislation of Ukraine regarding the consolidation of the concept of a visual work was carried out. This analysis allowed to develop a number of recommendations to improve the legislation of Ukraine in this area, in particular regarding the use of the concept of visual work. Authors suggest to replace the term «industrial design» as it is fixed in Ukrainian legislation with a term «work of design», which should be protected due to the norms of Ukrainian copyright.In the article, the authors consider the issue of determining the impact of works of fine art on the development of creative industries in Ukraine. Attention is also paid to the issue of the use of visual works during the war in Ukraine.The full-scale invasion of the rf into Ukraine showed how important creativity is for a human, but it also led to the emergence of a large number of copyright violations in this area. This situation shows the need to increase the level of awareness about intellectual property rights among the people of Ukraine.
{"title":"Visual works according to the Ukrainain, USA and EU legislation","authors":"O. Ulitina, Yevheniia Yakusha","doi":"10.33731/42022.265854","DOIUrl":"https://doi.org/10.33731/42022.265854","url":null,"abstract":"Keywords: works of visual art, copyright, intellectual property law, creative industries,objects of copyright \u0000Works of fine art play an important role in many aspects of human life, which makes them one of the most common objects of copyright. However, there is no single approach to the generalizing concept of the definition of such works in Ukraine and the world.Works of visual art are created or used in almost every field that belongs to the creative industries. For some industries, works of fine art are fundamental. \u0000New approaches to the use of images lead to the need to rethink the entire system of copyright protection for visual works. Controversial issues also arise at the intersection of the application of copyright norms and the exercise of human rights.The article is devoted to the issues of legal definition of works of fine art in Ukraine, the USA and the EU. Authors also highlight the role of these works for creative industries. International norms, the USA and the EU legislations are analyzed regarding to the issues of the definition of artistic works. Authors made the research in the legislation of Ukraine regarding the consolidation of the concept of a visual work was carried out. This analysis allowed to develop a number of recommendations to improve the legislation of Ukraine in this area, in particular regarding the use of the concept of visual work. Authors suggest to replace the term «industrial design» as it is fixed in Ukrainian legislation with a term «work of design», which should be protected due to the norms of Ukrainian copyright.In the article, the authors consider the issue of determining the impact of works of fine art on the development of creative industries in Ukraine. Attention is also paid to the issue of the use of visual works during the war in Ukraine.The full-scale invasion of the rf into Ukraine showed how important creativity is for a human, but it also led to the emergence of a large number of copyright violations in this area. This situation shows the need to increase the level of awareness about intellectual property rights among the people of Ukraine.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115284899","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, normative regulation, martial law, results of intellectualactivity, legislation Intellectual property is the basis of the developmentof the modern economy of every state, and the realization of the individual'sright to the free development of his personality, which is expressed in the embodimentof the uniqueness of the inner world in the results of creativity, is a fundamental,basic human right. Ensuring freedom of creativity and reliably guaranteeingand protecting the rights to the results of intellectual and creative activity is one ofthe fundamental tasks of the state.The Constitution of Ukraine recognizes and guarantees freedom of literary, artistic,scientific and technical creativity, protection of intellectual property, copyright, moraland material interests arising in connection with various types of intellectual activity.The designation dictates the need to create a modern system of normative regulation ofrelations in the sphere of protection of the results of intellectual, creative activity, whichwould ensure reliable protection of the rights of their subjects, recognition of creative resultsand their protection from offences.Over the past few years, thorough work has been carried out to update special legislationin the field of intellectual property, to consolidate European approaches to the regulationof relations for the protection of the results of creative activity, and significant infrastructuralchanges have been made in this direction.The introduction of martial law on the territory of Ukraine suspended theseprocesses. At the same time, in these difficult conditions, problems arose in the implementationand protection of the rights of subjects in the field of intellectual property,the result of which was the adoption of the Law of Ukraine on April 1, 2022 «On theProtection of the Interests of Individuals in the Field of Intellectual Property duringthe Martial Law Introduced in connection with the armed aggression of the RussianFederation against Ukraine».The article is devoted to the consideration of changes in the normative and legal arrayof the regulation of intellectual property relations under the conditions of martial law inUkraine. Within the scope of the research subject, the changes in the legislation in thefield of intellectual property under the conditions of the introduction of martial law areemphasized, the positive features are analysed and certain shortcomings of such changesare noted, and ways to solve them are proposed.
{"title":"Principles of legal protection of intellectual property in the conditions of martial law in Ukraine","authors":"A. Kodynets","doi":"10.33731/42022.265840","DOIUrl":"https://doi.org/10.33731/42022.265840","url":null,"abstract":"Keywords: intellectual property, normative regulation, martial law, results of intellectualactivity, legislation \u0000Intellectual property is the basis of the developmentof the modern economy of every state, and the realization of the individual'sright to the free development of his personality, which is expressed in the embodimentof the uniqueness of the inner world in the results of creativity, is a fundamental,basic human right. Ensuring freedom of creativity and reliably guaranteeingand protecting the rights to the results of intellectual and creative activity is one ofthe fundamental tasks of the state.The Constitution of Ukraine recognizes and guarantees freedom of literary, artistic,scientific and technical creativity, protection of intellectual property, copyright, moraland material interests arising in connection with various types of intellectual activity.The designation dictates the need to create a modern system of normative regulation ofrelations in the sphere of protection of the results of intellectual, creative activity, whichwould ensure reliable protection of the rights of their subjects, recognition of creative resultsand their protection from offences.Over the past few years, thorough work has been carried out to update special legislationin the field of intellectual property, to consolidate European approaches to the regulationof relations for the protection of the results of creative activity, and significant infrastructuralchanges have been made in this direction.The introduction of martial law on the territory of Ukraine suspended theseprocesses. At the same time, in these difficult conditions, problems arose in the implementationand protection of the rights of subjects in the field of intellectual property,the result of which was the adoption of the Law of Ukraine on April 1, 2022 «On theProtection of the Interests of Individuals in the Field of Intellectual Property duringthe Martial Law Introduced in connection with the armed aggression of the RussianFederation against Ukraine».The article is devoted to the consideration of changes in the normative and legal arrayof the regulation of intellectual property relations under the conditions of martial law inUkraine. Within the scope of the research subject, the changes in the legislation in thefield of intellectual property under the conditions of the introduction of martial law areemphasized, the positive features are analysed and certain shortcomings of such changesare noted, and ways to solve them are proposed.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"177 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114380585","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: legislation, legal regulation, unfair competition, intellectual property,remedies, European Union Currently, violations of intellectual property rights are widespread through the prism of distortion of economiccompetition in the market. Objects of intellectual property, such as trademarks and trade secrets, are a tool for some business entities to obtain illegal profits at the expense of the reputation of other business entities. Precisely for this reason businessentities pay attention to monitoring and preventing possible violations of their intellectual property rights on the market, and this, in turn, requires the use of effective ways of protection. That it is important to improve the legislation of Ukraine on protection against unfair competition and development of new means of combating such violations.Having analysed the system of EU legislation, it can be concluded that the regulation of protection against unfair competition at the level of the EU is still more of a framework, and requires clarifying, as well as the provision of specific liability measuresand institutional mechanisms of ensuring and control at the level of legislation of specific EU member states.In the USA on the federal level there is no special legislative act on unfair competition, but the relevant rules are part of the general antitrust legislation. From this point of view, the respective legislation of Ukraine significantly differs by availabilityof the special Law. However, in Ukraine the rules on unfair competition are also to some extent subordinated to the general rules of economic competition protection in general. Unlike Ukrainian legislation, US legislation determines an exhaustive list ofactions that constitute unfair competition and distinguishes them into unfair actions and unfair practices depending on their recurrence.
{"title":"Analysis of the Experience of EU and USA in the Context of Improvement of the Ukrainian Legislation on Protection Against Unfair Competition in the Sphere of Intellectual Property","authors":"Ye.H. Herasymchuk","doi":"10.33731/42022.265859","DOIUrl":"https://doi.org/10.33731/42022.265859","url":null,"abstract":"Keywords: legislation, legal regulation, unfair competition, intellectual property,remedies, European Union \u0000Currently, violations of intellectual property rights are widespread through the prism of distortion of economiccompetition in the market. Objects of intellectual property, such as trademarks and trade secrets, are a tool for some business entities to obtain illegal profits at the expense of the reputation of other business entities. Precisely for this reason businessentities pay attention to monitoring and preventing possible violations of their intellectual property rights on the market, and this, in turn, requires the use of effective ways of protection. That it is important to improve the legislation of Ukraine on protection against unfair competition and development of new means of combating such violations.Having analysed the system of EU legislation, it can be concluded that the regulation of protection against unfair competition at the level of the EU is still more of a framework, and requires clarifying, as well as the provision of specific liability measuresand institutional mechanisms of ensuring and control at the level of legislation of specific EU member states.In the USA on the federal level there is no special legislative act on unfair competition, but the relevant rules are part of the general antitrust legislation. From this point of view, the respective legislation of Ukraine significantly differs by availabilityof the special Law. However, in Ukraine the rules on unfair competition are also to some extent subordinated to the general rules of economic competition protection in general. Unlike Ukrainian legislation, US legislation determines an exhaustive list ofactions that constitute unfair competition and distinguishes them into unfair actions and unfair practices depending on their recurrence.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"289 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122091421","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: rights of the performer, moral rights, rights to use, communication tothe public, the right of the performer to demand payment of remuneration, the validityperiod of the rights to use The article examines the protection of performers' rights in Germany, introduced by the Act amending copyright regulations of 24 June 1985. The Copyright Act includes Part 2 «Neighboring Rights», section 3 of which deals with the protection of performers' rights, and the law itself is called the «German Copyright and Neighboring Rights Act». The German Law of 10 September 2003 on the regulation of copyright in the information society completely amends §§ 73−83 of the Copyright and Related Rights Act, which governs the protection of performers' rights under the WPPT.The provisions of § 73 «Performer» are extended to the performance of works of folk art. Paragraphs 74−76 are devoted to the protection of moral rights, which were indicated fragmentarily by previous legislation. In the corrected form, moral rightstake precedence over rights of use, which confirms the special adherence of German law to them. Whereas under previous legislation so-called “consent rights” were granted to performers, the updated paragraphs grants the present rights of use:recording, reproduction and distribution, communication to the public, rights of use, the right of the performer to demand payment of remuneration, the sharing of several performances.In Germany, the rights of the organizer of performances are protected. If the performance of the performer is organized by a company, then the rights to use belong, in addition to the performer, also to the owner of the company. According to §83, the provisions of Section 6 «Copyright Restrictions» of Part I «Copyright» of the Copyright and Related Rights Act apply respectively to the restriction of the rights of the performer and the organizer of the performance.The protection of performers in Germany is in accordance with the provisions of the Rome Convention, the WPPT, the relevant EU directives. With further improvement of the protection of the rights of performers in Ukraine, it would be useful to use the experience of Germany regarding the protection of the rights of the organizer of a performance and determining the term for the protection of rights to performances recorded on a phonogram.
{"title":"Protection of the rights of performers in accordance with German law","authors":"Volodymyr Drobiazko","doi":"10.33731/42022.265846","DOIUrl":"https://doi.org/10.33731/42022.265846","url":null,"abstract":"Keywords: rights of the performer, moral rights, rights to use, communication tothe public, the right of the performer to demand payment of remuneration, the validityperiod of the rights to use \u0000The article examines the protection of performers' rights in Germany, introduced by the Act amending copyright regulations of 24 June 1985. The Copyright Act includes Part 2 «Neighboring Rights», section 3 of which deals with the protection of performers' rights, and the law itself is called the «German Copyright and Neighboring Rights Act». The German Law of 10 September 2003 on the regulation of copyright in the information society completely amends §§ 73−83 of the Copyright and Related Rights Act, which governs the protection of performers' rights under the WPPT.The provisions of § 73 «Performer» are extended to the performance of works of folk art. Paragraphs 74−76 are devoted to the protection of moral rights, which were indicated fragmentarily by previous legislation. In the corrected form, moral rightstake precedence over rights of use, which confirms the special adherence of German law to them. Whereas under previous legislation so-called “consent rights” were granted to performers, the updated paragraphs grants the present rights of use:recording, reproduction and distribution, communication to the public, rights of use, the right of the performer to demand payment of remuneration, the sharing of several performances.In Germany, the rights of the organizer of performances are protected. If the performance of the performer is organized by a company, then the rights to use belong, in addition to the performer, also to the owner of the company. According to §83, the provisions of Section 6 «Copyright Restrictions» of Part I «Copyright» of the Copyright and Related Rights Act apply respectively to the restriction of the rights of the performer and the organizer of the performance.The protection of performers in Germany is in accordance with the provisions of the Rome Convention, the WPPT, the relevant EU directives. With further improvement of the protection of the rights of performers in Ukraine, it would be useful to use the experience of Germany regarding the protection of the rights of the organizer of a performance and determining the term for the protection of rights to performances recorded on a phonogram.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122146329","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, industrial property, codification of legislation, innovation, inventor, amount of fee, law, patent, EU law The article examines the state and trends of legal regulation in the field of intellectual property (IP), forms of systematization of legislation in the field of IP in international treaties, EU regulations, and national legislation. The models of legal regulation of IP are highlighted, the classification of their objects is given. The structure and content of the main provisions of the new draft law Industrial Property Law are analysed (on the example of Poland). The bill comprehensively regulates all objects of industrialproperty. The changes are mainly aimed at streamlining, speeding up and reducing the costs of obtaining protection of industrial property objects, especially inventions, utility models, industrial designs, trademarks and geographical indications. System changes are shown: the institution of preliminary notice of invention, the registration system for the protection of utility models, a deposit containing technical and technological information that constitutes a commercial secret, conciliation procedures for disputes, IP COMBO — discounts when calculating the amount of state duty in the case of simultaneous presentation of three different objects of industrial property. As a result of the changes made, the attractiveness of the national system of industrial property protection will increase, and the established fees will be an incentive for applicantsto obtain legal protection for as many innovative solutions as possible. Possible ways of systematizing legislation in the field of industrial property in Ukraine are proposed. It is concluded that one of the most effective ways to solve the problem ofcodification is the development and adoption of the Industrial Property Code (following the example of Poland), which would combine and consolidate the main norms regarding the legal protection of industrial property rights.
{"title":"Codification of industrial property law of Poland: analysis of the main provisions of the new draft law","authors":"H. Androshchuk, O. Doroshenko","doi":"10.33731/42022.265867","DOIUrl":"https://doi.org/10.33731/42022.265867","url":null,"abstract":"Keywords: intellectual property, industrial property, codification of legislation, innovation, inventor, amount of fee, law, patent, EU law \u0000The article examines the state and trends of legal regulation in the field of intellectual property (IP), forms of systematization of legislation in the field of IP in international treaties, EU regulations, and national legislation. The models of legal regulation of IP are highlighted, the classification of their objects is given. The structure and content of the main provisions of the new draft law Industrial Property Law are analysed (on the example of Poland). The bill comprehensively regulates all objects of industrialproperty. The changes are mainly aimed at streamlining, speeding up and reducing the costs of obtaining protection of industrial property objects, especially inventions, utility models, industrial designs, trademarks and geographical indications. System changes are shown: the institution of preliminary notice of invention, the registration system for the protection of utility models, a deposit containing technical and technological information that constitutes a commercial secret, conciliation procedures for disputes, IP COMBO — discounts when calculating the amount of state duty in the case of simultaneous presentation of three different objects of industrial property. As a result of the changes made, the attractiveness of the national system of industrial property protection will increase, and the established fees will be an incentive for applicantsto obtain legal protection for as many innovative solutions as possible. Possible ways of systematizing legislation in the field of industrial property in Ukraine are proposed. It is concluded that one of the most effective ways to solve the problem ofcodification is the development and adoption of the Industrial Property Code (following the example of Poland), which would combine and consolidate the main norms regarding the legal protection of industrial property rights.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124399192","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: commercial designations, pharmacy, pharmaceutical sphere, acquisitionof rights, trademark The article focuses on a comprehensive study of the functioning of commercial designations in the pharmaceutical industry. The notion of commercial designations in the system of intellectual property objects is considered, and the ones relevant for the pharmaceutical industry are outlined. The purpose of the article is to outline the legal basis for the regulation of commercial designations in the pharmaceutical field and to determine the specifics of the exercise of rights to such designations.Drug companies in the process of creating the name of a new drug must first remember that the main functions of the trademark (trade name) of the drug is to protect consumers from misleading, as well as to prevent medical workers from making a medical error that carries a significant risk to the life and health of patients.The original name of a medicinal product may receive legal protection as a mark for goods and services (trademark). Such a trademark must meet the requirements of the legislation on the protection of designations. The trademark must not misleadconsumers, be commonly used, must not contradict the principles of humanity and morality. At the same time, in the field of medicines, there are special requirements for their name. In this case, dishonesty may be manifested both in the actions of the holder of the certificate on the trademark and in the actions of the person who registered the medicinal product. For example, a company that has received a licence to manufactureand/or sell a medicinal product is deprived of the right to manufacture and sell the medicinal product under the name specified in the registration certificate of the drug without the consent of another person holding a certificate for the goods and services.Likewise, It is possible that the manufacturer registers the name of the original medicinal product in the form of a trademark to protect its rights, and the unscrupulous competitor at the same time registers the generic medicinal product and, in order to mislead consumers, gives it a name similar to the trademark-name of the original drug.It is emphasized that the manufacturer must pay special attention to the choice of the name of the drug at the stage of creating the latter, and in order to ensure the uniqueness and originality of the chosen name, the latter can be registered as a trademark. The conclusion about the importance of legal regulation of this sphere, carrying out of information and legal policy is made. The legal relations in the field of pharmaceutical branch for the purpose of revealing of stages where legal regulation of commercial designations is especially important are described.
{"title":"Commercial names in the pharmaceutical industry","authors":"O. Chomakhashvili","doi":"10.33731/42022.265863","DOIUrl":"https://doi.org/10.33731/42022.265863","url":null,"abstract":"Keywords: commercial designations, pharmacy, pharmaceutical sphere, acquisitionof rights, trademark \u0000The article focuses on a comprehensive study of the functioning of commercial designations in the pharmaceutical industry. The notion of commercial designations in the system of intellectual property objects is considered, and the ones relevant for the pharmaceutical industry are outlined. The purpose of the article is to outline the legal basis for the regulation of commercial designations in the pharmaceutical field and to determine the specifics of the exercise of rights to such designations.Drug companies in the process of creating the name of a new drug must first remember that the main functions of the trademark (trade name) of the drug is to protect consumers from misleading, as well as to prevent medical workers from making a medical error that carries a significant risk to the life and health of patients.The original name of a medicinal product may receive legal protection as a mark for goods and services (trademark). Such a trademark must meet the requirements of the legislation on the protection of designations. The trademark must not misleadconsumers, be commonly used, must not contradict the principles of humanity and morality. At the same time, in the field of medicines, there are special requirements for their name. \u0000In this case, dishonesty may be manifested both in the actions of the holder of the certificate on the trademark and in the actions of the person who registered the medicinal product. For example, a company that has received a licence to manufactureand/or sell a medicinal product is deprived of the right to manufacture and sell the medicinal product under the name specified in the registration certificate of the drug without the consent of another person holding a certificate for the goods and services.Likewise, It is possible that the manufacturer registers the name of the original medicinal product in the form of a trademark to protect its rights, and the unscrupulous competitor at the same time registers the generic medicinal product and, in order to mislead consumers, gives it a name similar to the trademark-name of the original drug.It is emphasized that the manufacturer must pay special attention to the choice of the name of the drug at the stage of creating the latter, and in order to ensure the uniqueness and originality of the chosen name, the latter can be registered as a trademark. The conclusion about the importance of legal regulation of this sphere, carrying out of information and legal policy is made. The legal relations in the field of pharmaceutical branch for the purpose of revealing of stages where legal regulation of commercial designations is especially important are described.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128499432","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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