Keywords: international technology transfer, innovation, European Union, implementation The globalization of international economic and technological cooperation increases the importance of international technology transfer. It is thanks to him that technology spreads as the most important resource of socio-economicdevelopment. At the international legal level, the international transfer of technologies is regulated by the norms contained in the provisions of universal, regional and bilateral agreements. Ukraine's acquisition of the status of a candidate for EU membership necessitated the implementation of the norms of European law into the legal system of Ukraine.The article examines the main problems of harmonizing the norms of competition law with the norms of legislation on the protection of intellectual property, in particular in the field of technology transfer. Particular attention is paid to the analysis of mergers and acquisitions and other forms of technology transfer, as well as Ukraine's fulfillment of its obligations under the association agreement between Ukraine and the EU, problems and trends in further improvement of the regulatory regulation of technology transfer issues in the field of public procurement and state aid are identified. It is determined that the technical assistance provided to Ukraine by the partner states requires a review not only of national norms regarding technology transfer, but also the creation of new norms of international technical cooperation in the military, technical and medical spheres. It is noted that access to the latest equipment and technologies can be a significant impetus for the development and restoration of the state, however, this requires working out new mechanisms of cooperation with international partners and support from the state and business, in particular in terms of the creation of new industries and joint scientific research, the results of which can become the basis for the restoration of the state and a long-term strategic partnership.
{"title":"International transfer of technologies in the conditions of modern challenges","authors":"Olha Bakalinska","doi":"10.33731/42022.265926","DOIUrl":"https://doi.org/10.33731/42022.265926","url":null,"abstract":"Keywords: international technology transfer, innovation, European Union, implementation The globalization of international economic and technological cooperation increases the importance of international technology transfer. It is thanks to him that technology spreads as the most important resource of socio-economicdevelopment. At the international legal level, the international transfer of technologies is regulated by the norms contained in the provisions of universal, regional and bilateral agreements. Ukraine's acquisition of the status of a candidate for EU membership necessitated the implementation of the norms of European law into the legal system of Ukraine.The article examines the main problems of harmonizing the norms of competition law with the norms of legislation on the protection of intellectual property, in particular in the field of technology transfer. Particular attention is paid to the analysis of mergers and acquisitions and other forms of technology transfer, as well as Ukraine's fulfillment of its obligations under the association agreement between Ukraine and the EU, problems and trends in further improvement of the regulatory regulation of technology transfer issues in the field of public procurement and state aid are identified. It is determined that the technical assistance provided to Ukraine by the partner states requires a review not only of national norms regarding technology transfer, but also the creation of new norms of international technical cooperation in the military, technical and medical spheres. It is noted that access to the latest equipment and technologies can be a significant impetus for the development and restoration of the state, however, this requires working out new mechanisms of cooperation with international partners and support from the state and business, in particular in terms of the creation of new industries and joint scientific research, the results of which can become the basis for the restoration of the state and a long-term strategic partnership.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"49 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":"117036673","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: trademark, EU countries, territorial marks, national brands, trademark protection The article notes that Ukraine's further preparation for EU membership involves the completion of a comprehensive transformation of all spheres. One of the vectors of such a transformation concerns trademarks as a necessary element of the free exchange of goods and services. Legal protection of trademarks in EU countries covers three levels: international,regional and national. It is noted that the formation of European standards for the protection and protection of trademarks in the EU was determined by the processes of globalization and integration. The legal model for the regulation of TM relations at the regional level contributed to the convergence of the national legislation of the EU countries.Instead, there are numerous provisions of a dispositive nature, according to which EU countries individually decide on the issue of their reflection in national legislation, which does not create contradictions, but gives peculiarities to the legal regime of TMprotection in each specific country. The article reveals some of these features. Attention is drawn to the possibility of registration of warranty and certification marks as TM, which was implemented by Germany, Italy, and France. The identical approach of the EU countries to the registration of «Sound” trademarks — in the form of an audio file — has been revealed. Based on judicial practice, the weaknesses of the registration of a smell as a trademark in the form of a graphic description are considered. Designations that cannot be registered as trademarks and features of registration as such of portraits of people and personal names are defined. The requirements for applicants when registering trademarks and the legal consequences of not using trademarks are determined, as well as the role of using a trademark in overcoming the refusal of registration. The article reveals the meaning and purpose of the «opposition period» and the specifics of its application in individual countries, using the example of Poland, Italy, France, and Germany. Special attention is paid to the protection of territorial brands, national brands and their correlation with well-known brands.
{"title":"Some peculiarities of legal protection of trademarks in EU countries in the context of European integration processes in Ukraine","authors":"N. Myronenko","doi":"10.33731/42022.265865","DOIUrl":"https://doi.org/10.33731/42022.265865","url":null,"abstract":"Keywords: trademark, EU countries, territorial marks, national brands, trademark protection \u0000The article notes that Ukraine's further preparation for EU membership involves the completion of a comprehensive transformation of all spheres. One of the vectors of such a transformation concerns trademarks as a necessary element of the free exchange of goods and services. Legal protection of trademarks in EU countries covers three levels: international,regional and national. It is noted that the formation of European standards for the protection and protection of trademarks in the EU was determined by the processes of globalization and integration. The legal model for the regulation of TM relations at the regional level contributed to the convergence of the national legislation of the EU countries.Instead, there are numerous provisions of a dispositive nature, according to which EU countries individually decide on the issue of their reflection in national legislation, which does not create contradictions, but gives peculiarities to the legal regime of TMprotection in each specific country. The article reveals some of these features. Attention is drawn to the possibility of registration of warranty and certification marks as TM, which was implemented by Germany, Italy, and France. The identical approach of the EU countries to the registration of «Sound” trademarks — in the form of an audio file — has been revealed. Based on judicial practice, the weaknesses of the registration of a smell as a trademark in the form of a graphic description are considered. Designations that cannot be registered as trademarks and features of registration as such of portraits of people and personal names are defined. The requirements for applicants when registering trademarks and the legal consequences of not using trademarks are determined, as well as the role of using a trademark in overcoming the refusal of registration. The article reveals the meaning and purpose of the «opposition period» and the specifics of its application in individual countries, using the example of Poland, Italy, France, and Germany. Special attention is paid to the protection of territorial brands, national brands and their correlation with well-known brands.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"31 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":"115050881","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: methodology of construction and operation, paradigms of developmentof intellectual security, signs of a new paradigm of development of the theory of intellectualsecurity, state innovation policy The article examines the theory and methodology of the construction and functioning of the nationalsecurity system based on the principles of property rights of intellectual property, which are in the field of constant scientific discussions, since a holistic scientific approach to the solution of the specified problem has not been formed.The article substantiates the methodology of the new paradigm for the development of the theory of intellectual security according to five relevant features: the first feature refers to the unity with the means of achieving the paradigm based on innovative development, taking into account the formation and development of intellectual security as a special component of the state security of Ukraine, the effectiveness of its implementation and the expected positive consequences; to the second — unity with the means of achieving the paradigm with the methodology of scientific research, the disclosure of the inner nature of intellectual capital through the prism of systemic-structural and axiological approaches, which absorbs the methodology of research; to the third — the creation of a single legal field with the means of achieving a paradigm in a complex that unites the state security of Ukraine, national interests and national security in relation to its integral elements; to the fourth — diversity ofinfluences, directions of manifestation and effectiveness according to the target purpose, when the innovative-intellectual sphere of activity organically penetrates and combines with the elements of national security and the national system of intellectual property according to the principle of diffusion of innovations and acts as an intellectual catalyst taking into account the peculiarities of the strategy and the implementation of intellectual property rights ownership of the effectiveness of the national security system and its elements at the appropriate stage of development; to the fifth — the formation and implementation of the national security strategy in relation to its integral elements as a complex and multi-stage process that combines the formation of a strategy to support the economic, scientific-technological and investment security of the state and the management of intellectual property rights.
{"title":"Methodological principles of the new paradigm of the development of the theory of national intellectual security","authors":"Oleksandr Butnik-Siverskyi","doi":"10.33731/42022.265856","DOIUrl":"https://doi.org/10.33731/42022.265856","url":null,"abstract":"Keywords: methodology of construction and operation, paradigms of developmentof intellectual security, signs of a new paradigm of development of the theory of intellectualsecurity, state innovation policy \u0000The article examines the theory and methodology of the construction and functioning of the nationalsecurity system based on the principles of property rights of intellectual property, which are in the field of constant scientific discussions, since a holistic scientific approach to the solution of the specified problem has not been formed.The article substantiates the methodology of the new paradigm for the development of the theory of intellectual security according to five relevant features: the first feature refers to the unity with the means of achieving the paradigm based on innovative development, taking into account the formation and development of intellectual security as a special component of the state security of Ukraine, the effectiveness of its implementation and the expected positive consequences; to the second — unity with the means of achieving the paradigm with the methodology of scientific research, the disclosure of the inner nature of intellectual capital through the prism of systemic-structural and axiological approaches, which absorbs the methodology of research; to the third — the creation of a single legal field with the means of achieving a paradigm in a complex that unites the state security of Ukraine, national interests and national security in relation to its integral elements; to the fourth — diversity ofinfluences, directions of manifestation and effectiveness according to the target purpose, when the innovative-intellectual sphere of activity organically penetrates and combines with the elements of national security and the national system of intellectual property according to the principle of diffusion of innovations and acts as an intellectual catalyst taking into account the peculiarities of the strategy and the implementation of intellectual property rights ownership of the effectiveness of the national security system and its elements at the appropriate stage of development; to the fifth — the formation and implementation of the national security strategy in relation to its integral elements as a complex and multi-stage process that combines the formation of a strategy to support the economic, scientific-technological and investment security of the state and the management of intellectual property rights.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"259 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":"133048848","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: trademark, civil litigation, judicial examination, judicial expert, court order, legal proceedings, piracy, counterfeiting The article analyses the system of judicial protection of trademark rights on the example of Italy. The main focus is on the judicial procedures provided for by the Italian civil procedural law in the event of an appeal to the court for the protection of the rights of interested persons. Jurisdiction for consideration of cases related to the protection of trademark rights, as well as cases related to unfair competition, is defined. The examination is also carried out by specialized chambers of intellectual property in general courts that consider civil and criminal cases (first and second instance). The legislation distinguishes between two types of legal grounds for lawsuits: violation of the rights of the plaintiff (owner of the trademark certificate)and recognition of the trademark certificate as invalid. The types of decisions that can be made by the court are analysed. First, the court can decide on «descrizione», according to which the plaintiff, with the participation of a bailiff and an expert, can examine and draw up a detailed description of the goods and/or production methods that infringe his rights. The purpose of this procedure is to officially record the violation of the plaintiff's rights. Secondly, the court can may decide to impose a sequestration on the defendant's property. Sequestration is carried out by a bailiff. In some cases, the plaintiff may participate in order to correctly identify the goods subject to seizure. The court may decide on the application of sequestration in the presence of a real threat and the possibility of causing irreversible damage to the plaintiff.Thirdly, the court may issue a decision imposing a ban on the infringer's activities related to the production, distribution, marketing, promotion and sale of counterfeit goods. When deciding on the above-mentioned grounds, the court can provide for the collection of a certain monetary fine from the defendant.The conclusion is formulated that the system of judicial protection of the rights of trademark owners in Italy is characterized by a balance of interests between the owners of trademark certificates, state and public interests. The court that examines this category of cases takes a fairly balanced approach to the application of certain sanctions, considering all the specifics of intellectual property rights, the interests of business entities and the damage caused by violations.
{"title":"Judicial protection of trademarks in Italy","authors":"O. Shtefan","doi":"10.33731/42022.265864","DOIUrl":"https://doi.org/10.33731/42022.265864","url":null,"abstract":"Keywords: trademark, civil litigation, judicial examination, judicial expert, court order, legal proceedings, piracy, counterfeiting \u0000The article analyses the system of judicial protection of trademark rights on the example of Italy. The main focus is on the judicial procedures provided for by the Italian civil procedural law in the event of an appeal to the court for the protection of the rights of interested persons. Jurisdiction for consideration of cases related to the protection of trademark rights, as well as cases related to unfair competition, is defined. The examination is also carried out by specialized chambers of intellectual property in general courts that consider civil and criminal cases (first and second instance). The legislation distinguishes between two types of legal grounds for lawsuits: violation of the rights of the plaintiff (owner of the trademark certificate)and recognition of the trademark certificate as invalid. The types of decisions that can be made by the court are analysed. First, the court can decide on «descrizione», according to which the plaintiff, with the participation of a bailiff and an expert, can examine and draw up a detailed description of the goods and/or production methods that infringe his rights. The purpose of this procedure is to officially record the violation of the plaintiff's rights. Secondly, the court can may decide to impose a sequestration on the defendant's property. Sequestration is carried out by a bailiff. In some cases, the plaintiff may participate in order to correctly identify the goods subject to seizure. The court may decide on the application of sequestration in the presence of a real threat and the possibility of causing irreversible damage to the plaintiff.Thirdly, the court may issue a decision imposing a ban on the infringer's activities related to the production, distribution, marketing, promotion and sale of counterfeit goods. When deciding on the above-mentioned grounds, the court can provide for the collection of a certain monetary fine from the defendant.The conclusion is formulated that the system of judicial protection of the rights of trademark owners in Italy is characterized by a balance of interests between the owners of trademark certificates, state and public interests. The court that examines this category of cases takes a fairly balanced approach to the application of certain sanctions, considering all the specifics of intellectual property rights, the interests of business entities and the damage caused by violations.","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":"125848379","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: criminal procedure proving, obligation of proof, burden of proof, allocationof proof, reverse burden of proof Different approaches of national and foreign scientists and judges to themeaning of the concepts of «obligation» and «burden» of proof and allocation thereofbetween parties to criminal proceedings have been analysed. The basic features fordistinguishing the concepts of «obligation» and «burden» (compulsion and material interest)and property (dynamism) have been given. It has been noted that in the legislationof some European countries, despite the existence of the presumption of innocence,in certain categories of criminal proceedings, the obligation of proving innocenceis placed on the defence. The global trends of shifting the obligations of proof,simplifying the criminal procedure in certain categories of cases, and expanding therights of participants in the criminal proceedings have been observed. The provisionsof the Federal Rules of Criminal Procedure of the USA and the Criminal ProcedureCode of Ukraine regarding the mechanism of demanding evidence by the prosecutionfrom the defence have been compared. The norms of Clause 6, Part 2, Art. 242 of theCriminal Procedure Code of Ukraine, which shifted the obligation of proving materialdamage (damages) from the prosecution to the victim, have been analysed. Based onthis norm, it is expected to increase the procedural activity of the victim regarding establishingand proving this circumstance during the pre-trial investigation and thetrial. Based on the decisions of the European Court of Human Rights, it has beenproven that silence can be, although not the only, basis for issuing a guilty verdict. Itis proposed to define and consolidate in the judicial practice of the Supreme Court thepresumptions typical for cases of infringement of intellectual property rights: eventsof criminal offence and guilt.
{"title":"Certain aspects of allocation of obligation and burden of proof in criminal proceedings on infringement of intellectual property rights","authors":"Yevhenii Kompanets","doi":"10.33731/42022.265844","DOIUrl":"https://doi.org/10.33731/42022.265844","url":null,"abstract":"Keywords: criminal procedure proving, obligation of proof, burden of proof, allocationof proof, reverse burden of proof \u0000Different approaches of national and foreign scientists and judges to themeaning of the concepts of «obligation» and «burden» of proof and allocation thereofbetween parties to criminal proceedings have been analysed. The basic features fordistinguishing the concepts of «obligation» and «burden» (compulsion and material interest)and property (dynamism) have been given. It has been noted that in the legislationof some European countries, despite the existence of the presumption of innocence,in certain categories of criminal proceedings, the obligation of proving innocenceis placed on the defence. The global trends of shifting the obligations of proof,simplifying the criminal procedure in certain categories of cases, and expanding therights of participants in the criminal proceedings have been observed. The provisionsof the Federal Rules of Criminal Procedure of the USA and the Criminal ProcedureCode of Ukraine regarding the mechanism of demanding evidence by the prosecutionfrom the defence have been compared. The norms of Clause 6, Part 2, Art. 242 of theCriminal Procedure Code of Ukraine, which shifted the obligation of proving materialdamage (damages) from the prosecution to the victim, have been analysed. Based onthis norm, it is expected to increase the procedural activity of the victim regarding establishingand proving this circumstance during the pre-trial investigation and thetrial. Based on the decisions of the European Court of Human Rights, it has beenproven that silence can be, although not the only, basis for issuing a guilty verdict. Itis proposed to define and consolidate in the judicial practice of the Supreme Court thepresumptions typical for cases of infringement of intellectual property rights: eventsof criminal offence and guilt.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"90 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":"116842447","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: finance, bank, virtual bank, digital economy, Fintech, startup, account,financial institution The article deals with the particular problems of today'sdigital economy. Particular attention is paid to the development of Fintech startupsin Ukraine. The foreign experience of creating and implementing Fintech startups isanalysed. The reasons for the failure of Fintech projects in Ukraine and other countriesare considered. Features of the innovative domestic mobile banking project Monobank (since2017), which was launched in partnership with the Fintech Band, are considered. Theshortcomings of Monobank are analysed, including the following: customers who donot have smartphones cannot use the product; Monobank does not have its own terminalsand ATMs to top up the card and withdraw cash. It uses iBox services and resourcesof other banks; not everyone can get a credit limit.Historical examples of the creation of «virtual» banks are studied. The first one isSecurity First Network Bank (SFNB) appeared in the United States in 1995, and inGermany in 1996, it was called Advance Bank. The emergence of virtual banks laterbecame a prerequisite for the creation of online banking (e-banking), which allows aperson to manage their bank accounts.It is proved that the era of electronic financial services requires the creation of conditionsto prevent fraud and abuse, and to this end should increase the level of financialliteracy of the population. There are prerequisites for further development of fintechin Ukraine. In this context, the USAID Financial Sector Transformation Projectof the National Bank of Ukraine (NBU) and the Independent Association of Banks ofUkraine (IABU) is analysed.The activity of innovation park in Ukraine in the field of fintech industryUNIT.City is considered.Special attention is paid to mobile applications with augmented reality.The typical problems faced by developers of fintech startups are analysed. Theseare, in particular, the following reasons for the loss of projects: the Ukrainian marketfor investment is not so big; not enough resources for successful work in this market;market regulation issues etc.
{"title":"Fintech startups in Ukraine in the context of digital economy development","authors":"O. Muzyka-Stefanchuk","doi":"10.33731/32022.262631","DOIUrl":"https://doi.org/10.33731/32022.262631","url":null,"abstract":"Keywords: finance, bank, virtual bank, digital economy, Fintech, startup, account,financial institution \u0000The article deals with the particular problems of today'sdigital economy. Particular attention is paid to the development of Fintech startupsin Ukraine. The foreign experience of creating and implementing Fintech startups isanalysed. The reasons for the failure of Fintech projects in Ukraine and other countriesare considered. \u0000Features of the innovative domestic mobile banking project Monobank (since2017), which was launched in partnership with the Fintech Band, are considered. Theshortcomings of Monobank are analysed, including the following: customers who donot have smartphones cannot use the product; Monobank does not have its own terminalsand ATMs to top up the card and withdraw cash. It uses iBox services and resourcesof other banks; not everyone can get a credit limit.Historical examples of the creation of «virtual» banks are studied. The first one isSecurity First Network Bank (SFNB) appeared in the United States in 1995, and inGermany in 1996, it was called Advance Bank. The emergence of virtual banks laterbecame a prerequisite for the creation of online banking (e-banking), which allows aperson to manage their bank accounts.It is proved that the era of electronic financial services requires the creation of conditionsto prevent fraud and abuse, and to this end should increase the level of financialliteracy of the population. There are prerequisites for further development of fintechin Ukraine. In this context, the USAID Financial Sector Transformation Projectof the National Bank of Ukraine (NBU) and the Independent Association of Banks ofUkraine (IABU) is analysed.The activity of innovation park in Ukraine in the field of fintech industryUNIT.City is considered.Special attention is paid to mobile applications with augmented reality.The typical problems faced by developers of fintech startups are analysed. Theseare, in particular, the following reasons for the loss of projects: the Ukrainian marketfor investment is not so big; not enough resources for successful work in this market;market regulation issues etc.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115061000","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: sports commentary, sport broadcast, broadcast, speech, creative activity The article analyses a sports commentary legal nature as a result of creative activityof sportscaster, and, correspondingly, the possibility of legal protection provisionfor such a commentary.Based on the analysis of multiple researches, devoted to sports commentary, and establishedpractice, the author determines that sports commentary can be seen as creativework that demands a significant level of knowledge from a sportscaster whose aimis to attract an audience to sports broadcast. Thereby, a high number of sports commentariesfeatured by unique author’s style and originality contains the signs of artistic workthat could be protected by copyright according to Berne Convention provisions. In general, such result of creative activity corresponds to speech as copyright protected work,since sports commentary combines an applying of material prepared and analysed in advanceand impromptu generating due to unpredictability of sports competition actions.At the same time, the author emphasizes the difference of legal approaches to settlementof disputes concerning sports commentary within legal frameworks in the USA, theEU, and Ukraine. In particular, the Supreme Court of Sweden denies to acknowledge thelevel of sports commentary originality enough for copyright protection. However, such aposition can hardly be considered as common regarding sports commentary, since it doesnot characterize the work of a sports commentator as in general due to the variety of approachescan be applied in this genre of sports journalism. Simultaneously, judiciary ofUkraine and US indirectly recognize a sportscaster work as a creative activity. Thus,even though sports commentary is not protected by copyright within existing legalframeworks, several judgements provides the way to solution of that discuss. Bearing inmind that for today a broadcast of sports events still has pretty inappropriate level oflegal protection to secure it from pirate activities, the protection of sports commentarycould prove another legal instrument aimed to strengthen sports broadcasting legal positionsand personal rights of sportscaster.
{"title":"The features of sports commentary as copyright protected work","authors":"D. Doroshenko","doi":"10.33731/32022.262620","DOIUrl":"https://doi.org/10.33731/32022.262620","url":null,"abstract":"Keywords: sports commentary, sport broadcast, broadcast, speech, creative activity \u0000The article analyses a sports commentary legal nature as a result of creative activityof sportscaster, and, correspondingly, the possibility of legal protection provisionfor such a commentary.Based on the analysis of multiple researches, devoted to sports commentary, and establishedpractice, the author determines that sports commentary can be seen as creativework that demands a significant level of knowledge from a sportscaster whose aimis to attract an audience to sports broadcast. Thereby, a high number of sports commentariesfeatured by unique author’s style and originality contains the signs of artistic workthat could be protected by copyright according to Berne Convention provisions. In general, such result of creative activity corresponds to speech as copyright protected work,since sports commentary combines an applying of material prepared and analysed in advanceand impromptu generating due to unpredictability of sports competition actions.At the same time, the author emphasizes the difference of legal approaches to settlementof disputes concerning sports commentary within legal frameworks in the USA, theEU, and Ukraine. In particular, the Supreme Court of Sweden denies to acknowledge thelevel of sports commentary originality enough for copyright protection. However, such aposition can hardly be considered as common regarding sports commentary, since it doesnot characterize the work of a sports commentator as in general due to the variety of approachescan be applied in this genre of sports journalism. Simultaneously, judiciary ofUkraine and US indirectly recognize a sportscaster work as a creative activity. Thus,even though sports commentary is not protected by copyright within existing legalframeworks, several judgements provides the way to solution of that discuss. Bearing inmind that for today a broadcast of sports events still has pretty inappropriate level oflegal protection to secure it from pirate activities, the protection of sports commentarycould prove another legal instrument aimed to strengthen sports broadcasting legal positionsand personal rights of sportscaster.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130556778","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: copyright; related rights; limitation of the rights of performers, producersof phonograms; performance; phonograms; compulsory licences The article isdevoted to the study of the norms concerning the limitation of property rights of performersand producers of phonograms. These provisions are applied by analogy to thenorms on the limitation of property rights of the authors. The provisions allow anyperson to lawfully use the performance of works, their sound recordings (phonograms)without the permission of the subjects of copyright and related rights and withoutpayment of remuneration, or in some cases — with payment of remuneration.The norms are applied in special cases, in the public interest, in particular reproductionof performances, phonograms for personal purposes, for studying and scientificresearch, for informational purposes, etc. Therefore, their research requires specialattention.The article analyses the limitations of property rights of performers and producersof phonograms, defined in the Law of Ukraine «On Copyright and Related Rights». Attentionis focused on the special conditions for the application of norms on the limitationof property rights of performers, producers of phonograms, in comparison withthe norms on the limitation of property rights of authors.The legal analysis of the relevant norms, defined in the international conventionsin the sphere of related rights, has been carried out. It is stated that the relevant norms of the Law are borrowed from the Convention for the Protection of Producers ofPhonograms Against Unauthorized Duplication of Their Phonograms. The cases oflimitations, defined in this Convention, concerning exceptions related to the issuanceof compulsory licences. However, this was not considered when formulating thenorms of the Law.For comparison, the relevant norms of EU law in the sphere of copyright and relatedrights have been studied. The conditions of free reproduction of copies of phonogramsfor educational purposes, defined in the Law of Ukraine «On Copyright and RelatedRights», in particular on exceptions to the export of reproduced copies of phonograms,requirements for remuneration, in the analysed EU laws are absent.It is concluded that the provisions of the Law have to be improved. Suggestionsare provided. Appropriate changes will facilitate the effective application of thenorms on the limitation of property rights of performers and producers of phonograms,in practice.
{"title":"Limitation on property rights of performers, producers of phonograms in accordance with the legislation of Ukraine and the EU","authors":"V. Trotska","doi":"10.33731/32022.262619","DOIUrl":"https://doi.org/10.33731/32022.262619","url":null,"abstract":"Keywords: copyright; related rights; limitation of the rights of performers, producersof phonograms; performance; phonograms; compulsory licences \u0000The article isdevoted to the study of the norms concerning the limitation of property rights of performersand producers of phonograms. These provisions are applied by analogy to thenorms on the limitation of property rights of the authors. The provisions allow anyperson to lawfully use the performance of works, their sound recordings (phonograms)without the permission of the subjects of copyright and related rights and withoutpayment of remuneration, or in some cases — with payment of remuneration.The norms are applied in special cases, in the public interest, in particular reproductionof performances, phonograms for personal purposes, for studying and scientificresearch, for informational purposes, etc. Therefore, their research requires specialattention.The article analyses the limitations of property rights of performers and producersof phonograms, defined in the Law of Ukraine «On Copyright and Related Rights». Attentionis focused on the special conditions for the application of norms on the limitationof property rights of performers, producers of phonograms, in comparison withthe norms on the limitation of property rights of authors.The legal analysis of the relevant norms, defined in the international conventionsin the sphere of related rights, has been carried out. It is stated that the relevant norms of the Law are borrowed from the Convention for the Protection of Producers ofPhonograms Against Unauthorized Duplication of Their Phonograms. The cases oflimitations, defined in this Convention, concerning exceptions related to the issuanceof compulsory licences. However, this was not considered when formulating thenorms of the Law.For comparison, the relevant norms of EU law in the sphere of copyright and relatedrights have been studied. The conditions of free reproduction of copies of phonogramsfor educational purposes, defined in the Law of Ukraine «On Copyright and RelatedRights», in particular on exceptions to the export of reproduced copies of phonograms,requirements for remuneration, in the analysed EU laws are absent.It is concluded that the provisions of the Law have to be improved. Suggestionsare provided. Appropriate changes will facilitate the effective application of thenorms on the limitation of property rights of performers and producers of phonograms,in practice.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114317418","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, biosafety, biosecurity, healthcare, biotechnology, medicines,TRIPS flexibilities, TRIPS security exceptions The Decree of the President of Ukraine of December 17, 2021 approved theStrategy of Biosafety and Biological Protection (hereinafter — the Biosafety Strategy),which radically changed the approach to defining the concept of biosafety of the state.Prior to the adoption of the Biosafety Strategy, which was developed in response to thechallenges of the COVID-19 pandemic, biosafety has been considered only as a componentof environmental protection with a focus on limiting the use of genetically modifiedorganisms. Instead, the pandemic of COVID-19 and the war posed new challenges to society,including the necessity to identify and to determine the content of legal institutionsthat can ensure the biosafety of the state in the field of healthcare.Even in the pre-war period, the necessity of relevant scientific research was approvedat the level of the National Academy of Legal Sciences of Ukraine with the determiningof the scientific field “Intellectual Property as a component of biosafety of statesin the field of health care”. The study had been started in January 2022 on thebasis of the Department of Intellectual Property and Human Rights in the Field ofHealthcare of the Intellectual Property Scientific Research of National Academy ofLegal Sciences of Ukraine (hereinafter — the Institute). The leaders of the scientificresearch are the Director of the Institute Dr Oleksandr Doroshenko and the Head ofthe department Dr Oksana Kashyntseva.However, the beginning of the active phase of the war on February 24, 2022 set newchallenges, adding to the challenges of the pandemic the challenges of war. Today, expertsof the Institute are part of the working group to develop a Recovering Plan ofUkraine's from the effects of the war for 2022–2032 particularly in Healthcare System.At the State level, the Intellectual Property possess the proper effective instrument toensure the biosafety.
{"title":"Intellectual Property as a Part of State Biosafety in Healthcare: disputable issues and identification of key areas of research in wartime","authors":"O. Kashyntseva, Yaroslav Iolkin","doi":"10.33731/32022.262634","DOIUrl":"https://doi.org/10.33731/32022.262634","url":null,"abstract":"Keywords: intellectual property, biosafety, biosecurity, healthcare, biotechnology, medicines,TRIPS flexibilities, TRIPS security exceptions \u0000The Decree of the President of Ukraine of December 17, 2021 approved theStrategy of Biosafety and Biological Protection (hereinafter — the Biosafety Strategy),which radically changed the approach to defining the concept of biosafety of the state.Prior to the adoption of the Biosafety Strategy, which was developed in response to thechallenges of the COVID-19 pandemic, biosafety has been considered only as a componentof environmental protection with a focus on limiting the use of genetically modifiedorganisms. Instead, the pandemic of COVID-19 and the war posed new challenges to society,including the necessity to identify and to determine the content of legal institutionsthat can ensure the biosafety of the state in the field of healthcare.Even in the pre-war period, the necessity of relevant scientific research was approvedat the level of the National Academy of Legal Sciences of Ukraine with the determiningof the scientific field “Intellectual Property as a component of biosafety of statesin the field of health care”. The study had been started in January 2022 on thebasis of the Department of Intellectual Property and Human Rights in the Field ofHealthcare of the Intellectual Property Scientific Research of National Academy ofLegal Sciences of Ukraine (hereinafter — the Institute). The leaders of the scientificresearch are the Director of the Institute Dr Oleksandr Doroshenko and the Head ofthe department Dr Oksana Kashyntseva.However, the beginning of the active phase of the war on February 24, 2022 set newchallenges, adding to the challenges of the pandemic the challenges of war. Today, expertsof the Institute are part of the working group to develop a Recovering Plan ofUkraine's from the effects of the war for 2022–2032 particularly in Healthcare System.At the State level, the Intellectual Property possess the proper effective instrument toensure the biosafety.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115792476","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: biological safety, biological protection, antibiotic resistance, draft law ofUkraine «On biological safety and biological protection», common health, biologicalagents The strategic vectors of development of national legislationin the field of biological safety and biological protection (hereinafter the “BSBP”) throughthe analysis of the legal basis of Ukraine and draft laws are highlighted. Based on theDecision of the Council of the European Union (CFSP) 2019/1296 of 31.07.2019 it is revealedthe problems in the field of BSBP in Ukraine, namely: 1) there is no frameworklaw on BSBP in Ukraine, which would outline the system of the BSBP and its properfunctioning; 2) there are no mechanisms of state control over compliance with the requirementsof biological protection when working with biological agents; 3) there is no registerof business entities that work with harmful biological agents on the territory ofUkraine; 4) business entities that work with dangerous biological agents are not requiredby law to have the appropriate permits (licences); 5) there are no tools to control thereliability of staff and protect confidential information.Based on the draft legislation, the ways of overcoming the outlined issues are defined.The main provisions of the draft Law of Ukraine «On Biological safety and BiologicalProtection», the defining feature of which is the principle of «common health»,which is the foundation of building a system of BSBP in Ukraine is found out. Amongthe key provisions of the draft law: 1) defining the principles of state policy to ensure BSBP; 2) creation of a special body in the field of BSBP — the InterdepartmentalCommission on Biological Safety and Biological Protection; 3) introduction of classificationof biological agents into four risk groups depending on the degree of their individualand social danger, as well as the availability of means of treatment and preventionof infectious diseases caused by them: from the first to the fourth as the dangerincreases; 4) introduction of several control tools: a) notification of the start ofactivities with biological agents; b) inclusion of the business entity that plans to carryout activities on the circulation of biological agents to the State Register of the objectswith increased biological danger; c) licensing the activities of economic entities of thecirculation of biological agents of 2-4 risk groups.The common area for research of safety problem and pharmaceutical activity — thesubject of antibiotic resistance and normative measures to counteract it is analysed.
{"title":"National normative tendencies in the field of biological safety and biological protection","authors":"I.Ia. Seniuta","doi":"10.33731/32022.262632","DOIUrl":"https://doi.org/10.33731/32022.262632","url":null,"abstract":"Keywords: biological safety, biological protection, antibiotic resistance, draft law ofUkraine «On biological safety and biological protection», common health, biologicalagents \u0000The strategic vectors of development of national legislationin the field of biological safety and biological protection (hereinafter the “BSBP”) throughthe analysis of the legal basis of Ukraine and draft laws are highlighted. Based on theDecision of the Council of the European Union (CFSP) 2019/1296 of 31.07.2019 it is revealedthe problems in the field of BSBP in Ukraine, namely: 1) there is no frameworklaw on BSBP in Ukraine, which would outline the system of the BSBP and its properfunctioning; 2) there are no mechanisms of state control over compliance with the requirementsof biological protection when working with biological agents; 3) there is no registerof business entities that work with harmful biological agents on the territory ofUkraine; 4) business entities that work with dangerous biological agents are not requiredby law to have the appropriate permits (licences); 5) there are no tools to control thereliability of staff and protect confidential information.Based on the draft legislation, the ways of overcoming the outlined issues are defined.The main provisions of the draft Law of Ukraine «On Biological safety and BiologicalProtection», the defining feature of which is the principle of «common health»,which is the foundation of building a system of BSBP in Ukraine is found out. Amongthe key provisions of the draft law: 1) defining the principles of state policy to ensure BSBP; 2) creation of a special body in the field of BSBP — the InterdepartmentalCommission on Biological Safety and Biological Protection; 3) introduction of classificationof biological agents into four risk groups depending on the degree of their individualand social danger, as well as the availability of means of treatment and preventionof infectious diseases caused by them: from the first to the fourth as the dangerincreases; 4) introduction of several control tools: a) notification of the start ofactivities with biological agents; b) inclusion of the business entity that plans to carryout activities on the circulation of biological agents to the State Register of the objectswith increased biological danger; c) licensing the activities of economic entities of thecirculation of biological agents of 2-4 risk groups.The common area for research of safety problem and pharmaceutical activity — thesubject of antibiotic resistance and normative measures to counteract it is analysed.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123817118","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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