Key words: citation, quotation, free use of works, creative industries, copyright, intellectualproperty Citation,i.e. the use in the work of small fragments of other works with reference to them, belongsto the traditional copyright exceptions and limitations that contribute to the developmentof science and culture, and free dissemination of information. The Ukrainiansystem of copyright exceptions and limitations is characterized by an exhaustivelist of such cases, so only actions expressly provided by law are allowed. Therefore,free and uncoordinated with the author citation of the work is allowed only in compliancewith the requirements provided by the law.First, the work from which the quotation is used must be lawfully made public, i.e.disclosed to the public with the permission of the author. Citing an unpublished or illegallypublished work constitutes a deviation from lawful conduct and qualifies ascopyright infringement.Second, the length of the passage used must be appropriate to the purpose, whichmay include explaining one's statements or referring to another author’s opinion. Thelimit of the size of a citation, such as the maximum number of words, signs, or secondsof duration, is not established by law. Therefore, the volume of the citation should correspondto the purposes of expressing a particular opinion, providing certain informationor data. Works of fine art, photography and other small works can be cited in partor in full if it is justified by the goal. The use of such works must be absolutely targetedand have a direct connection with the information contained in the work in whichthe citation is given.Third, the excerpt from the work must be given in an authentic formulation thatcorresponds exactly to the original. If a quotation is translated from a foreign language,its use does not require permission but the translation must be correct and accuratelyconvey the author’s thought.Fourth, a quotation can be included only in a work of a critical, polemical, scientific,or informational nature. It should be taken into account that, under Ukrainianlaw, articles and programs of the media are always considered informational objects,so the media can quote other works regardless of the genre of their particular articleor program.Fifth, when citing, it is obligatory to indicate the name (pseudonym) of the authorand the source of borrowing. If the work is published anonymously, it is sufficient tocomply with this requirement by indicating the source of borrowing. Without specifyingthe work and its author(s), the use of a fragment of the work will not be considered citation, and therefore, even if all other requirements are met, the user’s actionswill be regarded as copyright infringement.In general, when quoting, it should be remembered that it must be carried out instrict accordance with the requirements established by law. Users are not given theright to determine which of these requirements may not be met because only theircombination deter
{"title":"Citation in works created by the creative industries","authors":"A. Shtefan","doi":"10.33731/32022.262618","DOIUrl":"https://doi.org/10.33731/32022.262618","url":null,"abstract":"Key words: citation, quotation, free use of works, creative industries, copyright, intellectualproperty \u0000Citation,i.e. the use in the work of small fragments of other works with reference to them, belongsto the traditional copyright exceptions and limitations that contribute to the developmentof science and culture, and free dissemination of information. The Ukrainiansystem of copyright exceptions and limitations is characterized by an exhaustivelist of such cases, so only actions expressly provided by law are allowed. Therefore,free and uncoordinated with the author citation of the work is allowed only in compliancewith the requirements provided by the law.First, the work from which the quotation is used must be lawfully made public, i.e.disclosed to the public with the permission of the author. Citing an unpublished or illegallypublished work constitutes a deviation from lawful conduct and qualifies ascopyright infringement.Second, the length of the passage used must be appropriate to the purpose, whichmay include explaining one's statements or referring to another author’s opinion. Thelimit of the size of a citation, such as the maximum number of words, signs, or secondsof duration, is not established by law. Therefore, the volume of the citation should correspondto the purposes of expressing a particular opinion, providing certain informationor data. Works of fine art, photography and other small works can be cited in partor in full if it is justified by the goal. The use of such works must be absolutely targetedand have a direct connection with the information contained in the work in whichthe citation is given.Third, the excerpt from the work must be given in an authentic formulation thatcorresponds exactly to the original. If a quotation is translated from a foreign language,its use does not require permission but the translation must be correct and accuratelyconvey the author’s thought.Fourth, a quotation can be included only in a work of a critical, polemical, scientific,or informational nature. It should be taken into account that, under Ukrainianlaw, articles and programs of the media are always considered informational objects,so the media can quote other works regardless of the genre of their particular articleor program.Fifth, when citing, it is obligatory to indicate the name (pseudonym) of the authorand the source of borrowing. If the work is published anonymously, it is sufficient tocomply with this requirement by indicating the source of borrowing. Without specifyingthe work and its author(s), the use of a fragment of the work will not be considered citation, and therefore, even if all other requirements are met, the user’s actionswill be regarded as copyright infringement.In general, when quoting, it should be remembered that it must be carried out instrict accordance with the requirements established by law. Users are not given theright to determine which of these requirements may not be met because only theircombination deter","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"252 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":"128710160","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 Regulation, EU trademark, European Union, Europeansystem of trademark protection The developmentof economic integration of European countries has created the need to create asingle system of legal protection of trademarks, as it should contribute to the formationof a common market, the conditions of which are the possibility of competitionand free movement of goods and services in European countries. One of the legal instrumentsto meet these conditions is the trademark, which must be used in the EuropeanUnion. The creation of a common economic space in Europe has contradicted thenational laws of each of the member states of the European Union. Therefore, there isa need to create a single European system of trademark protection.According to the EU Regulation, one of the main functions of an EU trademark isto guarantee the origin of goods and services sold or provided to consumers under thattrademark. The EU trademark is unitary. As it is registered for all member states ofthe European Union through a single procedure, it acquires rights only if it is acceptedin all member states of the European Union. An EU trademark is acquired onlythrough registration, not use. The EU regulation provides for the free movement of goods and services betweenmember states. Accordingly, the owner of an EU trademark cannot object to the use ofsuch a registered trademark in the European Union. Moreover, the EU regulation definesnot only the registration criteria, but also the examination procedure, includingthe possibility of objections to registration made by third parties, and the procedurefor filing claims for infringement of trademark rights.Either party may appeal the decision on the objection to the Board of Appeal ofthe European Union Intellectual Property Office. Thereafter, any issue can be appealedto the Court of Justice of the European Union, which can only annul orchange the decision.Once the EU trademark application has been published, the pre-emption holderhas three months to file an objection. Obtaining an EU trademark is essential for asuccessful brand protection strategy. Since its inception, the EU trademark systemhas become one of the most important tools available to both legal entities and individualswho want to effectively protect their trademark rights in Europe.
{"title":"Trademark registration in the European Union","authors":"T. Kovalenko","doi":"10.33731/32022.262625","DOIUrl":"https://doi.org/10.33731/32022.262625","url":null,"abstract":"Keywords: trademark, EU Regulation, EU trademark, European Union, Europeansystem of trademark protection \u0000The developmentof economic integration of European countries has created the need to create asingle system of legal protection of trademarks, as it should contribute to the formationof a common market, the conditions of which are the possibility of competitionand free movement of goods and services in European countries. One of the legal instrumentsto meet these conditions is the trademark, which must be used in the EuropeanUnion. The creation of a common economic space in Europe has contradicted thenational laws of each of the member states of the European Union. Therefore, there isa need to create a single European system of trademark protection.According to the EU Regulation, one of the main functions of an EU trademark isto guarantee the origin of goods and services sold or provided to consumers under thattrademark. The EU trademark is unitary. As it is registered for all member states ofthe European Union through a single procedure, it acquires rights only if it is acceptedin all member states of the European Union. An EU trademark is acquired onlythrough registration, not use. \u0000The EU regulation provides for the free movement of goods and services betweenmember states. Accordingly, the owner of an EU trademark cannot object to the use ofsuch a registered trademark in the European Union. Moreover, the EU regulation definesnot only the registration criteria, but also the examination procedure, includingthe possibility of objections to registration made by third parties, and the procedurefor filing claims for infringement of trademark rights.Either party may appeal the decision on the objection to the Board of Appeal ofthe European Union Intellectual Property Office. Thereafter, any issue can be appealedto the Court of Justice of the European Union, which can only annul orchange the decision.Once the EU trademark application has been published, the pre-emption holderhas three months to file an objection. Obtaining an EU trademark is essential for asuccessful brand protection strategy. Since its inception, the EU trademark systemhas become one of the most important tools available to both legal entities and individualswho want to effectively protect their trademark rights in Europe.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"25 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":"132202817","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, work, performance, phonogram, technical means of protection,information on rights management, digital networks The article is devoted to the studyof such aspects as protection of technical means of protection and information on themanagement of rights in the European Union. These protections are provided for thefirst time in Articles 11 and 12 of the WIPO Copyright Treaty (WCT) and Articles 18 and19 of the WIPO Performance and Phonograms Treaty (WPPT). Each of the WIPOtreaties contains almost identical provisions obliging Member States to prevent circumventionof technical measures used to protect works, performances, and phonograms andinformation on rights management.The implementation of the above provisions of the WCT and the WPPT is devoted toChapter III «Protection of technological measures and information on rights management» (Articles 6, 7) of Directive 2001/29/EC of 22 May 2001 on the harmonization of certainaspects of copyright and related rights in the information society. Article 6 of the Directiveobliges EU Member States to provide adequate legal protection against the circumventionof any effective technical measure by a person who knows or should be aware for obvious reasons that he is pursuing such a goal. According to Article 7 of theDirective, the EU Member States are obliged to provide adequate legal protectionagainst all persons who knowingly commit unlawful acts regarding rights managementinformation.The provisions of Articles 7 and 8 of the Directive are incorporated into the domesticlaw of the EU Member States. The article analyses the relevant legal provisions of Germany,Austria, Greece, and Denmark. Thus, the German Law of September 10, 2003 onthe Regulation of Copyright and Related Rights in the Information Society introducedinto the Law on Copyright and Related Rights the regime of legal protection of technicalmeans of protection and information on rights management (paragraphs 95a–95d) andremedies rights (p.108b–111a), which prohibits the circumvention of mechanisms designedto protect works and other protected objects from unauthorized control.In Ukraine, the protection of technical means of protection and information on rightsmanagement is provided by the Law on Copyright and Related Rights, Article 1 of whichdefines the terms «information on rights management» and «technical means of protection», and Article 50 lists illegal acts protection and information on rights managementare classified as infringements of copyright and related rights. The subject of copyright orrelated rights may sue the person who infringes the right to technical remedies and informationon rights management.
{"title":"Protection of technical means of protection and information on rights management in the European Union","authors":"Volodymyr Drobiazko","doi":"10.33731/32022.262621","DOIUrl":"https://doi.org/10.33731/32022.262621","url":null,"abstract":"Keywords: copyright, work, performance, phonogram, technical means of protection,information on rights management, digital networks \u0000The article is devoted to the studyof such aspects as protection of technical means of protection and information on themanagement of rights in the European Union. These protections are provided for thefirst time in Articles 11 and 12 of the WIPO Copyright Treaty (WCT) and Articles 18 and19 of the WIPO Performance and Phonograms Treaty (WPPT). Each of the WIPOtreaties contains almost identical provisions obliging Member States to prevent circumventionof technical measures used to protect works, performances, and phonograms andinformation on rights management.The implementation of the above provisions of the WCT and the WPPT is devoted toChapter III «Protection of technological measures and information on rights management» (Articles 6, 7) of Directive 2001/29/EC of 22 May 2001 on the harmonization of certainaspects of copyright and related rights in the information society. Article 6 of the Directiveobliges EU Member States to provide adequate legal protection against the circumventionof any effective technical measure by a person who knows or should be aware for obvious reasons that he is pursuing such a goal. According to Article 7 of theDirective, the EU Member States are obliged to provide adequate legal protectionagainst all persons who knowingly commit unlawful acts regarding rights managementinformation.The provisions of Articles 7 and 8 of the Directive are incorporated into the domesticlaw of the EU Member States. The article analyses the relevant legal provisions of Germany,Austria, Greece, and Denmark. Thus, the German Law of September 10, 2003 onthe Regulation of Copyright and Related Rights in the Information Society introducedinto the Law on Copyright and Related Rights the regime of legal protection of technicalmeans of protection and information on rights management (paragraphs 95a–95d) andremedies rights (p.108b–111a), which prohibits the circumvention of mechanisms designedto protect works and other protected objects from unauthorized control.In Ukraine, the protection of technical means of protection and information on rightsmanagement is provided by the Law on Copyright and Related Rights, Article 1 of whichdefines the terms «information on rights management» and «technical means of protection», and Article 50 lists illegal acts protection and information on rights managementare classified as infringements of copyright and related rights. The subject of copyright orrelated rights may sue the person who infringes the right to technical remedies and informationon rights management.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"84 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":"125917631","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: principles of civil procedural law, principles of civil procedure, martial law The article reveals the meaning of the concept of principles of civilprocedural law, its relationship with other related concepts, in particular, with the conceptof «principles of civil procedure», defining the limits of their application. The conclusionis substantiated that the purpose and tasks of civil proceedings reveal the essence ofthe principles of civil procedural law. The essence of the principles of civil procedural lawis revealed through their features. Different approaches in the science of civil procedurallaw to determine their characteristics are analysed.The definition of the principles of civil procedural law is formulated, which are thebasic ideas, fundamental principles of the tasks and objectives of civil justice, enshrinedin the rules of civil procedural law, which reflect the specifics of the subject and methodof legal regulation of civil procedural law relations and are in a dialectical relationshipand interdependence with other elements of the mechanism of legal regulation.The functional purpose of the principles of civil procedural law is directly related tothe impact on legislative activity, becoming its guideline. On the other hand, externalfactors can influence the principles themselves and the mechanisms for their implementation.The peculiarities of the implementation of some procedural actions in martiallaw, which are reflected in the draft Law of Ukraine «On Amendments to the Code of AdministrativeProcedure of Ukraine, the Civil Procedure Code of Ukraine and the CommercialProcedural Code of Ukraine (concerning the conduct of proceedings under martiallaw or state of emergency)» № 7316 and related to the implementation of the principleof openness of civil proceedings. The peculiarities of court summonses andnotifications for the period of martial law or state of emergency are revealed, the author'sopinion on the proposed mechanism of realization of the principles of openness of civilproceedings, equality and justice, legal certainty is stated. He substantiated the conclusionthat the legislator did not consider the system of principles of civil justice to ensureaccess to martial law, and some provisions of the law contradict the principles of opennessand several constitutional principles such as equality and justice, legal certainty.
{"title":"The concept and meaning of the principles of civil procedural law in martial law","authors":"O. Shtefan","doi":"10.33731/32022.262616","DOIUrl":"https://doi.org/10.33731/32022.262616","url":null,"abstract":"Keywords: principles of civil procedural law, principles of civil procedure, martial law \u0000The article reveals the meaning of the concept of principles of civilprocedural law, its relationship with other related concepts, in particular, with the conceptof «principles of civil procedure», defining the limits of their application. The conclusionis substantiated that the purpose and tasks of civil proceedings reveal the essence ofthe principles of civil procedural law. The essence of the principles of civil procedural lawis revealed through their features. Different approaches in the science of civil procedurallaw to determine their characteristics are analysed.The definition of the principles of civil procedural law is formulated, which are thebasic ideas, fundamental principles of the tasks and objectives of civil justice, enshrinedin the rules of civil procedural law, which reflect the specifics of the subject and methodof legal regulation of civil procedural law relations and are in a dialectical relationshipand interdependence with other elements of the mechanism of legal regulation.The functional purpose of the principles of civil procedural law is directly related tothe impact on legislative activity, becoming its guideline. On the other hand, externalfactors can influence the principles themselves and the mechanisms for their implementation.The peculiarities of the implementation of some procedural actions in martiallaw, which are reflected in the draft Law of Ukraine «On Amendments to the Code of AdministrativeProcedure of Ukraine, the Civil Procedure Code of Ukraine and the CommercialProcedural Code of Ukraine (concerning the conduct of proceedings under martiallaw or state of emergency)» № 7316 and related to the implementation of the principleof openness of civil proceedings. The peculiarities of court summonses andnotifications for the period of martial law or state of emergency are revealed, the author'sopinion on the proposed mechanism of realization of the principles of openness of civilproceedings, equality and justice, legal certainty is stated. He substantiated the conclusionthat the legislator did not consider the system of principles of civil justice to ensureaccess to martial law, and some provisions of the law contradict the principles of opennessand several constitutional principles such as equality and justice, legal certainty.","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":"134348803","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: NFT, copyright, work, token, blockchain, digital environment, judicialexpertise The article is dedicated to current issues of NFT legal protection. There wereanalysed the legal nature of NFT as an object of copyright, the legal regime of NFT —the work, and some proposals for improving the legal regulation of these relations aresubstantiated. It has been proven that in a separate group of copyright objects it is expedientto allocate new digital objects that appear recently — NFT, multimediaworks, video games (computer games), Internet site, blockchain, and others. The legalnature of new digital copyright objects has been found to be controversial. It is establishedthat in the scientific literature NFT is interpreted as an independent object ofcopyright, as a way to use the object of copyright (for example, conversion of art into adigital token form), as an objective form of expression (digital token form), as securitydigital document, as a way of technical protection of the copyright object from encroachmenton it. It has been proven that converting a work into an NFT form is away to commercialize a copyright object. Furthermore, it is substantiated that NFT isa form of expression (existence) of the object of copyright, and NFT-work (photography,video, painting, drawing, music etc.) in the presence of originality (creative nature)is the object of copyright, which is fixed in specific digital tokenized form.It has been established that tokenization of works provides additional opportunitiesfor copyright protection of such objects due to blockchain — the technology onwhich NFT operates.It has been proven that NFT as a digital certificate certifies the uniqueness of thework, which allows increasing its value and avoid illegal distribution in the digital environmentin the future (which is typical of almost all digital and digitized copyrightobjects). Likewise, it has been proven that most NFT disputes should be resolvedbased on the findings of judicial intellectual property and computer science expertise.It has been established that copyright law is not adapted to regulate the use of worksin the digital environment, so NFT works have an undefined legal regime as objects ofcopyright. It has been proven that the current copyright law, which is imperfect in regulatingrelations in the digital environment in general, should be applied to the relationsrelated to the creation, use, exercise, and protection of NFT works.
{"title":"NFT — the latest digital copyright object or form of expression","authors":"L. Tarasenko","doi":"10.33731/22022.259748","DOIUrl":"https://doi.org/10.33731/22022.259748","url":null,"abstract":"Keywords: NFT, copyright, work, token, blockchain, digital environment, judicialexpertise \u0000The article is dedicated to current issues of NFT legal protection. There wereanalysed the legal nature of NFT as an object of copyright, the legal regime of NFT —the work, and some proposals for improving the legal regulation of these relations aresubstantiated. It has been proven that in a separate group of copyright objects it is expedientto allocate new digital objects that appear recently — NFT, multimediaworks, video games (computer games), Internet site, blockchain, and others. The legalnature of new digital copyright objects has been found to be controversial. It is establishedthat in the scientific literature NFT is interpreted as an independent object ofcopyright, as a way to use the object of copyright (for example, conversion of art into adigital token form), as an objective form of expression (digital token form), as securitydigital document, as a way of technical protection of the copyright object from encroachmenton it. It has been proven that converting a work into an NFT form is away to commercialize a copyright object. Furthermore, it is substantiated that NFT isa form of expression (existence) of the object of copyright, and NFT-work (photography,video, painting, drawing, music etc.) in the presence of originality (creative nature)is the object of copyright, which is fixed in specific digital tokenized form.It has been established that tokenization of works provides additional opportunitiesfor copyright protection of such objects due to blockchain — the technology onwhich NFT operates.It has been proven that NFT as a digital certificate certifies the uniqueness of thework, which allows increasing its value and avoid illegal distribution in the digital environmentin the future (which is typical of almost all digital and digitized copyrightobjects). Likewise, it has been proven that most NFT disputes should be resolvedbased on the findings of judicial intellectual property and computer science expertise.It has been established that copyright law is not adapted to regulate the use of worksin the digital environment, so NFT works have an undefined legal regime as objects ofcopyright. It has been proven that the current copyright law, which is imperfect in regulatingrelations in the digital environment in general, should be applied to the relationsrelated to the creation, use, exercise, and protection of NFT works.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127912307","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: litigation, intellectual property law, High Court of Intellectual Property,European Union law Analysis of the legal and organizational supportfor the establishment of the High court of intellectual property revealed a scientificproblem regarding the lack of implementation of the constitutional provision accordingto which higher specialized courts may act in accordance with the law, the absenceof the Law of Ukraine «On the High Court of Intellectual Property» proceduralnorms that should ensure the activities of this court to hear cases on intellectualproperty rights.The purpose of the article is to analyze the key legal and organizational issues ofthe creation of IP-court, the main provisions of the draft special law on this court,identify gaps in procedural law, and develop proposals for their content.To achieve this goal, the history and main problems of the establishment and operationof IP-court, international experience of this judicial body, the draft Law ofUkraine «On the High Court of Intellectual Property», some provisions of legal acts ofthe European Union.The main theoretical and practical problems that actualize the urgency of the beginningof IP-court activity are formulated. It is noted that in view of the Europeanintegration vector of Ukraine's legal system, the administration of justice will belargely conditioned by legal acts of the European Union, so it is advisable to providethis court with procedural tools inherent in EU law.It is concluded that the creation and operation of IP-Court is due to the deepening ofeconomic globalization, dynamic development of technological innovation, which in thecase of integration of the Court into the international justice system will lead to internationalizationand openness of intellectual property protection in the European space.
{"title":"Legal and organizational principles of creation high court of intellectual property","authors":"O. Drozdov, M.Yu. Pototskyi","doi":"10.33731/22022.259743","DOIUrl":"https://doi.org/10.33731/22022.259743","url":null,"abstract":"Keywords: litigation, intellectual property law, High Court of Intellectual Property,European Union law\u0000Analysis of the legal and organizational supportfor the establishment of the High court of intellectual property revealed a scientificproblem regarding the lack of implementation of the constitutional provision accordingto which higher specialized courts may act in accordance with the law, the absenceof the Law of Ukraine «On the High Court of Intellectual Property» proceduralnorms that should ensure the activities of this court to hear cases on intellectualproperty rights.The purpose of the article is to analyze the key legal and organizational issues ofthe creation of IP-court, the main provisions of the draft special law on this court,identify gaps in procedural law, and develop proposals for their content.To achieve this goal, the history and main problems of the establishment and operationof IP-court, international experience of this judicial body, the draft Law ofUkraine «On the High Court of Intellectual Property», some provisions of legal acts ofthe European Union.The main theoretical and practical problems that actualize the urgency of the beginningof IP-court activity are formulated. It is noted that in view of the Europeanintegration vector of Ukraine's legal system, the administration of justice will belargely conditioned by legal acts of the European Union, so it is advisable to providethis court with procedural tools inherent in EU law.It is concluded that the creation and operation of IP-Court is due to the deepening ofeconomic globalization, dynamic development of technological innovation, which in thecase of integration of the Court into the international justice system will lead to internationalizationand openness of intellectual property protection in the European space.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131012615","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: Competitive advantages, competition, interconnection, competitiveness,state, region, technology, products, factors It was establishedthat the actualization of competitiveness as a category applicable to nationaleconomies took place in the late 80s of the twentieth century, foremost, it was due tothe rapid development of globalization processes, where the dynamics of competitiverelations, the rapid transition from price to non-price competition, the construction ofcompetitive advantages on knowledge and innovation, the inability to record competitiveadvantages for a long time became the basis.It is proved that the main levels of competitiveness are the enterprise, region,country, product, technology. Furthermore, it is determined that the competitivenessof enterprises is associated with the ability of the enterprise to use competitive advantages,strengthen its market position, rationally form, distribute resources, investigatehow to improve activities and competitiveness of the industry is determined bythe efficiency of the group of enterprises, their ability to meet the existing demand inthe market by producing high-quality goods in order to strengthen competitive potential.It is proved that the priority of the analysed approach is the distribution of competitivenessat different levels and the definition of characteristics for each level. The points of view of scientists on competitiveness, theoretical and methodologicalapproaches to determining the competitiveness, competitiveness of the enterprise, region,and state are analysed, the relationship between the levels of competitiveness isdetermined. The main types and factors of competitiveness in its determination aredistinguished, the levels of innovative development and competition are considered,the influence of the activities of market participants and the timing of achieving competitiveadvantages on it are reflected.
{"title":"Relationships between competitiveness levels","authors":"L.H. Oleinikova","doi":"10.33731/22022.259747","DOIUrl":"https://doi.org/10.33731/22022.259747","url":null,"abstract":"Keywords: Competitive advantages, competition, interconnection, competitiveness,state, region, technology, products, factors \u0000It was establishedthat the actualization of competitiveness as a category applicable to nationaleconomies took place in the late 80s of the twentieth century, foremost, it was due tothe rapid development of globalization processes, where the dynamics of competitiverelations, the rapid transition from price to non-price competition, the construction ofcompetitive advantages on knowledge and innovation, the inability to record competitiveadvantages for a long time became the basis.It is proved that the main levels of competitiveness are the enterprise, region,country, product, technology. Furthermore, it is determined that the competitivenessof enterprises is associated with the ability of the enterprise to use competitive advantages,strengthen its market position, rationally form, distribute resources, investigatehow to improve activities and competitiveness of the industry is determined bythe efficiency of the group of enterprises, their ability to meet the existing demand inthe market by producing high-quality goods in order to strengthen competitive potential.It is proved that the priority of the analysed approach is the distribution of competitivenessat different levels and the definition of characteristics for each level. \u0000The points of view of scientists on competitiveness, theoretical and methodologicalapproaches to determining the competitiveness, competitiveness of the enterprise, region,and state are analysed, the relationship between the levels of competitiveness isdetermined. The main types and factors of competitiveness in its determination aredistinguished, the levels of innovative development and competition are considered,the influence of the activities of market participants and the timing of achieving competitiveadvantages on it are reflected.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131312940","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: advertising, advertising elements, copyright, advertising structure The article reveals questionsregarding such a complex object of copyright as advertising. The current legislationand judicial practice are analysed, it is substantiated that advertising elementsshould be characterized by signs of originality, uniqueness, and uniqueness.As a rule, advertising combines several objects of copyright at once. At the sametime, each separate part of the work (advertising video) can be used independentlyand is considered as a work and is protected in accordance with the Law of Ukraine«Copyright and Related Rights». Given the above, advertising is considered as a complex,multi-layered object of copyright, which includes various independent objects —elements of it. At the same time, in the case of creating advertising as a complex object,it is assumed that intellectual property rights must be transferred to all copyrightobjects that are part of it.Copyright objects what can be used in advertising are usually: drawings, animations,photographs, musical accompaniment, video, design, font, etc.Separate interest as an object of copyright deserves such a component of advertisingas a «slogan». However, Ukrainian legislation does not establish special requirementsfor the use and protection of slogans in advertising.It is determined that individual elements of advertising can receive independentlegal protection both by copyright (in particular, drawings, animations, photographs,musical accompaniment, fonts, design), and outside of copyright. For example, an advertisingslogan, the subject to the requirements of the law, may acquire legal protectionas a sign for goods and services. At the same time, such legal protection of individualelements of the internal structure of advertising does not change its protectionas an integral object of copyright, but can serve as an additional guarantee of the protectionand protection of advertising in the event of a conflict of interest requiring ajudicial decision.
{"title":"Advertising as an object of copyright","authors":"N. Fedorova","doi":"10.33731/22022.259742","DOIUrl":"https://doi.org/10.33731/22022.259742","url":null,"abstract":"Keywords: advertising, advertising elements, copyright, advertising structure \u0000The article reveals questionsregarding such a complex object of copyright as advertising. The current legislationand judicial practice are analysed, it is substantiated that advertising elementsshould be characterized by signs of originality, uniqueness, and uniqueness.As a rule, advertising combines several objects of copyright at once. At the sametime, each separate part of the work (advertising video) can be used independentlyand is considered as a work and is protected in accordance with the Law of Ukraine«Copyright and Related Rights». Given the above, advertising is considered as a complex,multi-layered object of copyright, which includes various independent objects —elements of it. At the same time, in the case of creating advertising as a complex object,it is assumed that intellectual property rights must be transferred to all copyrightobjects that are part of it.Copyright objects what can be used in advertising are usually: drawings, animations,photographs, musical accompaniment, video, design, font, etc.Separate interest as an object of copyright deserves such a component of advertisingas a «slogan». However, Ukrainian legislation does not establish special requirementsfor the use and protection of slogans in advertising.It is determined that individual elements of advertising can receive independentlegal protection both by copyright (in particular, drawings, animations, photographs,musical accompaniment, fonts, design), and outside of copyright. For example, an advertisingslogan, the subject to the requirements of the law, may acquire legal protectionas a sign for goods and services. At the same time, such legal protection of individualelements of the internal structure of advertising does not change its protectionas an integral object of copyright, but can serve as an additional guarantee of the protectionand protection of advertising in the event of a conflict of interest requiring ajudicial decision.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116348567","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, artificial intelligence, inventor, software, examination,patent, digital transformation The dynamics of development of the worldmarket of artificial intelligence (AI), patent activity in this field, problematic issuesarising in connection with the patenting of inventions created using AI are studied.Aspects of doctrine formation and policy development in the field of intellectual property(IP) and AI are considered. Features of examination of patentability of inventionscreated with the use of AI in different jurisdictions (EPO, USA, Germany, China), foreignlegislation, doctrinal positions and case law in this field are analysed. Accordingto the analysis of the Artificial Inventor project, DABUS applications indicating theAI system as the inventor, submitted in 17 jurisdictions, were mostly rejected at thelevel of intellectual property offices and as a result of court appeals. In general, theapplicant failed to persuade the IP courts and agencies with his arguments, despitedifferences in national law and patent systems. The main provisions of the draft law «On Amendments to the Law of Ukraine» OnProtection of Rights to Inventions and Utility Models «on the regulation of relationsarising in relation to inventions and utility models created using artificial intelligence» are considered. It is concluded that the Law on the Protection of Rights to Inventionsand Utility Models excludes computer programs from patented objects. Theirminority is stated in the total number of filed applications and issued patents. Between1980 and 2018, only 740 such applications were published (1.26% of the total).The rules for compiling, submitting and reviewing an application for an invention(utility model) in Ukraine are outdated and do not reflect aspects of AI. Only a comprehensiveapproach (changes in legislation and improvement of expertise) will solvethis problem.
{"title":"Problems of patenting inventions created using artificial intelligence: doctrine and practice","authors":"H. Androshchuk","doi":"10.33731/32022.262624","DOIUrl":"https://doi.org/10.33731/32022.262624","url":null,"abstract":"Keywords: intellectual property, artificial intelligence, inventor, software, examination,patent, digital transformation \u0000The dynamics of development of the worldmarket of artificial intelligence (AI), patent activity in this field, problematic issuesarising in connection with the patenting of inventions created using AI are studied.Aspects of doctrine formation and policy development in the field of intellectual property(IP) and AI are considered. Features of examination of patentability of inventionscreated with the use of AI in different jurisdictions (EPO, USA, Germany, China), foreignlegislation, doctrinal positions and case law in this field are analysed. Accordingto the analysis of the Artificial Inventor project, DABUS applications indicating theAI system as the inventor, submitted in 17 jurisdictions, were mostly rejected at thelevel of intellectual property offices and as a result of court appeals. In general, theapplicant failed to persuade the IP courts and agencies with his arguments, despitedifferences in national law and patent systems. \u0000The main provisions of the draft law «On Amendments to the Law of Ukraine» OnProtection of Rights to Inventions and Utility Models «on the regulation of relationsarising in relation to inventions and utility models created using artificial intelligence» are considered. It is concluded that the Law on the Protection of Rights to Inventionsand Utility Models excludes computer programs from patented objects. Theirminority is stated in the total number of filed applications and issued patents. Between1980 and 2018, only 740 such applications were published (1.26% of the total).The rules for compiling, submitting and reviewing an application for an invention(utility model) in Ukraine are outdated and do not reflect aspects of AI. Only a comprehensiveapproach (changes in legislation and improvement of expertise) will solvethis problem.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"80 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126325375","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: information, information technology, digitalization, innovations, transformation,integration, standardization, strategic directions It is substantiated that thedigitalization of the economy in today's conditions significantly affects the livelihoods of both enterprises and the population. It is the use of information technology that isthe basis of the digital economy.The significant impact of the use of information technology on the daily life of thepopulation of the countries of the world, regions, and the effectiveness of business entitiesbased on automation, mechanization, and robotics has been proved. It is establishedthat the digital transformation concerns all spheres of activity of the world'seconomies. It is reflected that digital transformation in the context of globalizationare the main factors in improving the efficiency of the world's economies, creating servicesand products of higher quality and value, etc.Statistics show that the highest level of use of information technology in domesticcompanies that provide financial, educational services; communication services, logistics.At the same time, in some sectors of the economy, the intensity of automation, robotics,and the use of digital technologies is very low.Analysis of different stages and models of the transformation of economic processestakes place in different countries according to forced or gradual models, focus onvarious technologies and programs. The assessment of the main indicators of digitalizationof the countries of the world showed that they can be found: internet coverage;the share of e-commerce in retail trade; the share of society that uses innovative informationtechnologies in all spheres of activity.It is substantiated that by 2025, digital transformation will affect all spheres of lifeof most countries of the world. It is established that the development of the digitaleconomy is inextricably linked with the formation of an innovative and informationsociety. Furthermore, it was demonstrated that the basis of digital transformation isbased on the development of innovative information technologies, which are aimed atincreasing the quality of services and showing the productivity of work. The goals andstrategic directions of digital transformation are highlighted. The advantages anddisadvantages of digitalization of the Ukrainian economy are summarized.
{"title":"Digital transformation of society as a necessary condition for its innovative development","authors":"A. Cherep, V. Voronkova, O. Cherep","doi":"10.33731/22022.259745","DOIUrl":"https://doi.org/10.33731/22022.259745","url":null,"abstract":"Keywords: information, information technology, digitalization, innovations, transformation,integration, standardization, strategic directions \u0000It is substantiated that thedigitalization of the economy in today's conditions significantly affects the livelihoods of both enterprises and the population. It is the use of information technology that isthe basis of the digital economy.The significant impact of the use of information technology on the daily life of thepopulation of the countries of the world, regions, and the effectiveness of business entitiesbased on automation, mechanization, and robotics has been proved. It is establishedthat the digital transformation concerns all spheres of activity of the world'seconomies. It is reflected that digital transformation in the context of globalizationare the main factors in improving the efficiency of the world's economies, creating servicesand products of higher quality and value, etc.Statistics show that the highest level of use of information technology in domesticcompanies that provide financial, educational services; communication services, logistics.At the same time, in some sectors of the economy, the intensity of automation, robotics,and the use of digital technologies is very low.Analysis of different stages and models of the transformation of economic processestakes place in different countries according to forced or gradual models, focus onvarious technologies and programs. The assessment of the main indicators of digitalizationof the countries of the world showed that they can be found: internet coverage;the share of e-commerce in retail trade; the share of society that uses innovative informationtechnologies in all spheres of activity.It is substantiated that by 2025, digital transformation will affect all spheres of lifeof most countries of the world. It is established that the development of the digitaleconomy is inextricably linked with the formation of an innovative and informationsociety. Furthermore, it was demonstrated that the basis of digital transformation isbased on the development of innovative information technologies, which are aimed atincreasing the quality of services and showing the productivity of work. The goals andstrategic directions of digital transformation are highlighted. The advantages anddisadvantages of digitalization of the Ukrainian economy are summarized.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123875977","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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