Keywords: Literary works, copyright, intellectual property law, creative industries,objects of copyright The article is devoted to the issues of the literary works legal protection and its importance forthe creative industries development. As long as literary works are one of the mostcommon objects of copyright, they often serve as the basis for the creative industriesactivities. An important feature of literary works is that they can be both completelyseparate works and be part of other compiled works. This feature makes literaryworks important for the book publishing, film, computer game, advertising, marketingindustries and also for education and culture.In this context, the legal protection of literary works is of particular importance.International legal protection of literary works is carried out in accordance with anumber of international acts, including the Berne Convention for the Protection ofLiterary and Artistic Works, the Universal Copyright Convention of 1952, and someDirectives of the European Parliament and the Council. In Ukraine the provision oflegal protection to literary works is provided in accordance with the Law of Ukraine«On Copyright and Related Rights». The author concludes that legal protection of literary works can occur in compliancewith two main requirements. The first — the work has to be fixed in a tangibleform and has to be expressed in words. The second — it has to be the author's own intellectualcreation, that is the work has to be new and original, and the author has tomake certain creative efforts to create it.The protection of literary works plays a significant role in the development of creativeindustries and is crucial for the organization of their work. Compliance with theIP law concerning the creation and use of literary works in the creative industries isthe basis for their economic growth, while violations of IP law and attempts to circumventthe legal mechanisms of the use of law reject the industry, in particular bypreventing it from entering the international market.
{"title":"Literary works legal protection in creative industries","authors":"O. Ulitina","doi":"10.33731/22022.259741","DOIUrl":"https://doi.org/10.33731/22022.259741","url":null,"abstract":"Keywords: Literary works, copyright, intellectual property law, creative industries,objects of copyright \u0000The article is devoted to the issues of the literary works legal protection and its importance forthe creative industries development. As long as literary works are one of the mostcommon objects of copyright, they often serve as the basis for the creative industriesactivities. An important feature of literary works is that they can be both completelyseparate works and be part of other compiled works. This feature makes literaryworks important for the book publishing, film, computer game, advertising, marketingindustries and also for education and culture.In this context, the legal protection of literary works is of particular importance.International legal protection of literary works is carried out in accordance with anumber of international acts, including the Berne Convention for the Protection ofLiterary and Artistic Works, the Universal Copyright Convention of 1952, and someDirectives of the European Parliament and the Council. In Ukraine the provision oflegal protection to literary works is provided in accordance with the Law of Ukraine«On Copyright and Related Rights». \u0000The author concludes that legal protection of literary works can occur in compliancewith two main requirements. The first — the work has to be fixed in a tangibleform and has to be expressed in words. The second — it has to be the author's own intellectualcreation, that is the work has to be new and original, and the author has tomake certain creative efforts to create it.The protection of literary works plays a significant role in the development of creativeindustries and is crucial for the organization of their work. Compliance with theIP law concerning the creation and use of literary works in the creative industries isthe basis for their economic growth, while violations of IP law and attempts to circumventthe legal mechanisms of the use of law reject the industry, in particular bypreventing it from entering the international market.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"8 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":"134205447","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: principle of publicity and openness of judicial process and its full fixingby technical means, principles of civil proceedings, civil proceedings, information withlimited access, mechanism of legal regulation The article substantiates the relevance and necessity of further in-depthresearch on the principle of transparency and openness of the judicial process and itsfull fixation by technical means in civil proceedings of Ukraine, proves the objectiveconnection between the principles of civil proceedings and processes in society and themethod of the field of law, as well as between the very principles that comprise thesystem.It defines the principles of civil procedural law as the main ideas, fundamentalprinciples of the tasks and objectives of civil proceedings, enshrined in the rules ofcivil procedural law, which reflect the specifics of the subject and method of legal regulationof civil procedural law, as one element of the legal regulation of civil procedure,which are in a dialectical relationship and interdependence with other elementsof the mechanism of legal regulation.Different approaches to the disclosure of the essence and legal implementation ofthe principle of publicity and openness of the trial and its full fixation by technicalmeans, which are reflected in the scientific works of procedural law professionals ofthe past and modern researchers. It turns out that this principle is a constitutional,intersectoral, organizational principle of civil procedural law, which has a normativeconsolidation at both national and international levels of legal regulation.Based on the analysis of the legislation, the content of the principle of publicityand the principle of openness as components of the principle of publicity and opennessof the trial and its full fixation by technical means, exceptions to these principles, aswell as legal mechanisms for their implementation. The legal positions of the EuropeanCourt of Human Rights on the disclosure of information with limited access areanalysed. The conclusion is substantiated that the principle of openness and opennessof the judicial process and its full fixation by technical means is a complex principle,its implementation is ensured, on the one hand, by achieving the tasks and goals ofcivil proceedings, and on the other, by exercising the right to fair trial components —the right of access to justice.
{"title":"The principle of transparency and openness of the judicial process and its full fixation by technical means in the civil proceedings of Ukraine","authors":"O. Shtefan","doi":"10.33731/22022.259739","DOIUrl":"https://doi.org/10.33731/22022.259739","url":null,"abstract":"Keywords: principle of publicity and openness of judicial process and its full fixingby technical means, principles of civil proceedings, civil proceedings, information withlimited access, mechanism of legal regulation \u0000The article substantiates the relevance and necessity of further in-depthresearch on the principle of transparency and openness of the judicial process and itsfull fixation by technical means in civil proceedings of Ukraine, proves the objectiveconnection between the principles of civil proceedings and processes in society and themethod of the field of law, as well as between the very principles that comprise thesystem.It defines the principles of civil procedural law as the main ideas, fundamentalprinciples of the tasks and objectives of civil proceedings, enshrined in the rules ofcivil procedural law, which reflect the specifics of the subject and method of legal regulationof civil procedural law, as one element of the legal regulation of civil procedure,which are in a dialectical relationship and interdependence with other elementsof the mechanism of legal regulation.Different approaches to the disclosure of the essence and legal implementation ofthe principle of publicity and openness of the trial and its full fixation by technicalmeans, which are reflected in the scientific works of procedural law professionals ofthe past and modern researchers. It turns out that this principle is a constitutional,intersectoral, organizational principle of civil procedural law, which has a normativeconsolidation at both national and international levels of legal regulation.Based on the analysis of the legislation, the content of the principle of publicityand the principle of openness as components of the principle of publicity and opennessof the trial and its full fixation by technical means, exceptions to these principles, aswell as legal mechanisms for their implementation. The legal positions of the EuropeanCourt of Human Rights on the disclosure of information with limited access areanalysed. The conclusion is substantiated that the principle of openness and opennessof the judicial process and its full fixation by technical means is a complex principle,its implementation is ensured, on the one hand, by achieving the tasks and goals ofcivil proceedings, and on the other, by exercising the right to fair trial components —the right of access to justice.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"7 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":"124164334","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}
O. Doroshenko, Hryhorii Dorozhko, A. Romashko, O. Yurchyshyn, O. Kravets
Keywords: innovations, innovation management, intellectual property, managementsystems, management system standards The UN General Assembly Resolution dated September 25,2015 set goals for sustainable development, which are actively accepted around theworld. The World Intellectual Property Organization, the International Organizationfor Standardization, and the Public authorities of various countries are looking forand implementing approaches to achieve these goals. They are supported by the Decree of the President of Ukraine «On the Sustainable Development Goals of Ukraineuntil 2030», which became the strategy of economic development of our country.Innovations are inherent in any sphere of human activity and can be applied forachieving goals of sustainable development, but it is not always possible to organize acreative process resulting in their occurence and implementation. In addition, the creatoror employer of the creator often does not support innovation properly at differentstages of its life cycle and loses the opportunity to benefit, in particular: do not adhereto secure communication, are unable to assess the importance and commercial viabilityof innovation, fail to protect and commercialize it.Research on the problems with regress in achieving the goals of sustainable developmentrelated to innovations, innovation management, taking into account the requirementsof legislation and management system standards.International and national legislation in the field of intellectual property, managementsystem standards. When researching methods of analysis and synthesis wereused including system analysis.The results are based on the analysis of publications, current legislation and existingstandards on various management systems.Statements concerning innovation activities that are within the competence ofboth specialists in the economic and legal spheres, as well as specialists in the technicalsphere were developed. Statements for the development of a clear and accessibleprocedure for all employees, for innovation management taking into account theprocess of novation development and implementation were developed.
{"title":"Innovations and innovation management — the key to achieving sustainable development goals","authors":"O. Doroshenko, Hryhorii Dorozhko, A. Romashko, O. Yurchyshyn, O. Kravets","doi":"10.33731/22022.259746","DOIUrl":"https://doi.org/10.33731/22022.259746","url":null,"abstract":"Keywords: innovations, innovation management, intellectual property, managementsystems, management system standards \u0000The UN General Assembly Resolution dated September 25,2015 set goals for sustainable development, which are actively accepted around theworld. The World Intellectual Property Organization, the International Organizationfor Standardization, and the Public authorities of various countries are looking forand implementing approaches to achieve these goals. They are supported by the Decree of the President of Ukraine «On the Sustainable Development Goals of Ukraineuntil 2030», which became the strategy of economic development of our country.Innovations are inherent in any sphere of human activity and can be applied forachieving goals of sustainable development, but it is not always possible to organize acreative process resulting in their occurence and implementation. In addition, the creatoror employer of the creator often does not support innovation properly at differentstages of its life cycle and loses the opportunity to benefit, in particular: do not adhereto secure communication, are unable to assess the importance and commercial viabilityof innovation, fail to protect and commercialize it.Research on the problems with regress in achieving the goals of sustainable developmentrelated to innovations, innovation management, taking into account the requirementsof legislation and management system standards.International and national legislation in the field of intellectual property, managementsystem standards. When researching methods of analysis and synthesis wereused including system analysis.The results are based on the analysis of publications, current legislation and existingstandards on various management systems.Statements concerning innovation activities that are within the competence ofboth specialists in the economic and legal spheres, as well as specialists in the technicalsphere were developed. Statements for the development of a clear and accessibleprocedure for all employees, for innovation management taking into account theprocess of novation development and implementation were developed.","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":"122367187","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Keywords: intellectual property law, codification, legislation, civil law, systematizationof intellectual property law The scientific article is devoted to some issues ofsystematization of intellectual property rights. The study focuses on existing foreignlegal models of intellectual property regulation (Belgium, Bulgaria, Czech Republic,Poland, Hungary, Germany). Based on which it is concluded that the latest foreign, inparticular European, legislative trends convincingly demonstrate the feasibility of codification of intellectual property law. This approach helps to optimize the relevantlegal regulation. In addition, the article focuses on existing scientific doctrinal approachesto the need to introduce into Ukrainian legislation a special codified act inthe field of intellectual property law. Based on the results of such analysis, the positionon the introduction of such a normative document into national legislation is supported.It is emphasized that this will eliminate regulatory inconsistencies, developcommon legal approaches to the regulation of intellectual property. Another positiveaspect of codification is that the latter allows to exclude from the legal framework asignificant number of by-laws, including obsolete ones. Which will ultimately improvethe quality of regulation and is in line with the principle of legal certainty, which isone of the generally recognized in the European legal area. The author emphasizesthat the codification should be carried out considering the Ukrainian and advancedWestern, in particular European, judicial and law enforcement practices on intellectualproperty. At the same time, it is pointed out that one of the current directions ofsystematization of intellectual property legislation is the detailed regulation of legalrelations arising in the digital sphere, as this position is consistent with current andfuture trends in the significant role of IT in private law. In this regard, there is a needto develop new special methods and special procedures for the protection of infringedintellectual property rights, considering the manufacturability of relations concerningintellectual property. This should be enshrined in a separate section/chapter of the futurecodified act.
{"title":"On some aspects of the systematization of legislation in the field of intellectual property law","authors":"A. Shabalin","doi":"10.33731/22022.259740","DOIUrl":"https://doi.org/10.33731/22022.259740","url":null,"abstract":"Keywords: intellectual property law, codification, legislation, civil law, systematizationof intellectual property law \u0000The scientific article is devoted to some issues ofsystematization of intellectual property rights. The study focuses on existing foreignlegal models of intellectual property regulation (Belgium, Bulgaria, Czech Republic,Poland, Hungary, Germany). Based on which it is concluded that the latest foreign, inparticular European, legislative trends convincingly demonstrate the feasibility of codification of intellectual property law. This approach helps to optimize the relevantlegal regulation. In addition, the article focuses on existing scientific doctrinal approachesto the need to introduce into Ukrainian legislation a special codified act inthe field of intellectual property law. Based on the results of such analysis, the positionon the introduction of such a normative document into national legislation is supported.It is emphasized that this will eliminate regulatory inconsistencies, developcommon legal approaches to the regulation of intellectual property. Another positiveaspect of codification is that the latter allows to exclude from the legal framework asignificant number of by-laws, including obsolete ones. Which will ultimately improvethe quality of regulation and is in line with the principle of legal certainty, which isone of the generally recognized in the European legal area. The author emphasizesthat the codification should be carried out considering the Ukrainian and advancedWestern, in particular European, judicial and law enforcement practices on intellectualproperty. At the same time, it is pointed out that one of the current directions ofsystematization of intellectual property legislation is the detailed regulation of legalrelations arising in the digital sphere, as this position is consistent with current andfuture trends in the significant role of IT in private law. In this regard, there is a needto develop new special methods and special procedures for the protection of infringedintellectual property rights, considering the manufacturability of relations concerningintellectual property. This should be enshrined in a separate section/chapter of the futurecodified act.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"148 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":"132110269","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: Indigenous peoples, indigenous peoples of Ukraine, Crimean Tatars, Karaites, Krymchaks, Gagauz people, Crimean Platform, Crimean Khanate, Crimean People's Republic, Autonomous Republic of Crimea, city of Sevastopol, Crimea, Sevastopol, Mejlis of the Crimean Tatar People, Qurultay of the Crimean Tatar people, selfdetermination, occupation, deoccupation, genocide, deportation, deportation of the Crimean Tatars, Surgun The article analyzes in detail the process of formation and development of the rights of indigenous peoples in independent Ukraine. Particular attention is paid to the provisions of the Constitution of Ukraine in this context and their interpretation. The legislative process and legislative initiatives that preceded the adoption of the Law of Ukraine “On the Legal Status of Indigenous Peoples of Ukraine” on July 21, 2021 are described.The peculiarities of the legal acts of Ukraine, which regulate the rights of indigenous peoples, their connection and further impact on the overall development of the studied issues, are clarified. A retrospective analysis of the legislation of the last 30 years, highlighting the main stages and elements, provides an opportunity to formulate a perspective on the further development of the indigenous peoples’ rights’ issue in Ukraine in the field of normative consolidation of their legal status and implementation of rights guaranteed by the Constitution and laws of Ukraine. The rights of indigenous peoples are depicted through the prism of modern legal and political processes, in particular, the Crimean Platform, as the most effective mechanism for de-occupation of the Autonomous Republic of Crimea and the city of Sevastopol, ensuring the rights of Ukrainian citizens violated by the temporary Russian occupation of the peninsula. Particular attention is paid to the place of the indigenous peoples of Crimea and the issue of restoringtheir rights under this mechanism. The restoration of such rights seems particularly important, given the particular persecution of indigenous peoples and their individual representatives by the occupying power today, as well as the perpetration of genocideagainst these peoples in the past.
{"title":"Retrospective and perspective analysis of the development of understanding and ensuring the rights of indigenous peoples of Ukraine","authors":"A. Opanasenko","doi":"10.33731/12022.258195","DOIUrl":"https://doi.org/10.33731/12022.258195","url":null,"abstract":"Keywords: Indigenous peoples, indigenous peoples of Ukraine, Crimean Tatars, Karaites, Krymchaks, Gagauz people, Crimean Platform, Crimean Khanate, Crimean People's Republic, Autonomous Republic of Crimea, city of Sevastopol, Crimea, Sevastopol, Mejlis of the Crimean Tatar People, Qurultay of the Crimean Tatar people, selfdetermination, occupation, deoccupation, genocide, deportation, deportation of the Crimean Tatars, Surgun \u0000The article analyzes in detail the process of formation and development of the rights of indigenous peoples in independent Ukraine. Particular attention is paid to the provisions of the Constitution of Ukraine in this context and their interpretation. The legislative process and legislative initiatives that preceded the adoption of the Law of Ukraine “On the Legal Status of Indigenous Peoples of Ukraine” on July 21, 2021 are described.The peculiarities of the legal acts of Ukraine, which regulate the rights of indigenous peoples, their connection and further impact on the overall development of the studied issues, are clarified. A retrospective analysis of the legislation of the last 30 years, highlighting the main stages and elements, provides an opportunity to formulate a perspective on the further development of the indigenous peoples’ rights’ issue in Ukraine in the field of normative consolidation of their legal status and implementation of rights guaranteed by the Constitution and laws of Ukraine. The rights of indigenous peoples are depicted through the prism of modern legal and political processes, in particular, the Crimean Platform, as the most effective mechanism for de-occupation of the Autonomous Republic of Crimea and the city of Sevastopol, ensuring the rights of Ukrainian citizens violated by the temporary Russian occupation of the peninsula. Particular attention is paid to the place of the indigenous peoples of Crimea and the issue of restoringtheir rights under this mechanism. The restoration of such rights seems particularly important, given the particular persecution of indigenous peoples and their individual representatives by the occupying power today, as well as the perpetration of genocideagainst these peoples in the past.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126655733","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}
Key words: television format, elements of television format, audiovisual production, copyright, television format structure The article reveals the issues regarding such a complex object of copyright as a television format. The television format is considered as a type of audiovisual work, its structure and characteristics of its elements are analyzed. The current legislation and judicial practice are reviewed, it is substantiated that the elements of the television format should be characterized by signs of originality, uniqueness, and singularity. List of references: 1. Vakhonieieva T. Elements and procedure for the author's agreement conclusion. Theory and practice of intellectual property. 2016. No 5 (91). PP.18–28 2. Big explanatory dictionary of the modern Ukrainian language with app. and addit. / Chief Editor V. T. Busel. Kyiv, Irpin: VTF “Perun”, 2005. P. 939. 3. Halych O., Nazarets ., Vasyliev Ye. Theory of literature: textbook / by the scientific edition of О. Halych, 4th ed., stereotype. К.: Lybid, 2008. P. 144. 4. Ionas V. Ya. Criterion of creativity in copyright and jurisprudence / V. Ya. Ionas. Moscow: Juridical Literature, 1963. 140 p. 5. Kantorovych Ya.А. Copyright in Literary, Musical, Artistic and Photographic Works. SPb.: «Pravo», 2011. P. 105 6. Kyiashko Yu. Director's script as a plan for translating the author's intention into a television program / Yu. Кyiashko. KhNU Bulletin. 2011. No 3. PP. 59–62. 7. Literary encyclopedia: Dictionary of literary notions: in 2 v. / by the edit. of N. Brodskyi, A. Lavretskyi, E. Lunin, V. Lvov-Rohachevskyi, M.Rozanov, V. Cheshykhin-Vetrinskii. M.; L.: L. D. Frenkel Publishing House, 1925. 8. Maratkanova A. A. Format of an audiovisual work as a result of intellectual property. New Juridical Bulletin. 2020. No 2 (16). PP. 31–34. URL: http://moluch.ru/th/9/archive/156/4874 (access date 02.03.21.) 9. “On copyright and related rights» (as amended by Law No 212 from 29.07.2016): Law of Republic of Moldova No 139 dated 02 July, 2010. URL: http://www.wipo.int/wipolex/en/text.jsp?file_id=421473 (access date 13.07.21.) 10. On the application by the courts of the norms of legislation in cases on the protection of copyright and related rights: Resolution of the Plenum of the Supreme Court of Ukraine on 04 June, 2010 No 5. URL: https://zakon.rada.gov.ua/laws/show/v0005700-10#Text (access date 22.07.21.) 11. Stromov Yu.A. The path of an actor to creative reincarnation / Yu. А. Stromov. М., 1975. 80 p. 12. Fridmen V.E. Protection of parts and structural elements of a work as objects of copyright in Russia and the USA: abstract of dissertation for the degree of candidate of juridical sciences / Fridmen V.E., М., 2005. 13. Draft treaty on the protection of broadcasting organizations. Joint Proposal by the Delegations of South Africa and Mexico. Standing Committee on Copyright and Related Rights. 24th Session. Geneva, July 1
{"title":"THE STRUCTURE OF THE TELEVISION FORMAT AND THE CHARACTERISTICS OF ITS ELEMENTS AS AN AUDIOVISUAL WORK","authors":"N. Fedorova","doi":"10.33731/12022.258186","DOIUrl":"https://doi.org/10.33731/12022.258186","url":null,"abstract":"Key words: television format, elements of television format, audiovisual production, copyright, television format structure \u0000The article reveals the issues regarding such a complex object of copyright as a television format. The television format is considered as a type of audiovisual work, its structure and characteristics of its elements are analyzed. The current legislation and judicial practice are reviewed, it is substantiated that the elements of the television format should be characterized by signs of originality, uniqueness, and singularity. \u0000List of references: \u00001. Vakhonieieva T. Elements and procedure for the author's agreement conclusion. Theory and practice of intellectual property. 2016. No 5 (91). PP.18–28 \u00002. Big explanatory dictionary of the modern Ukrainian language with app. and addit. / Chief Editor V. T. Busel. Kyiv, Irpin: VTF “Perun”, 2005. P. 939. \u00003. Halych O., Nazarets ., Vasyliev Ye. Theory of literature: textbook / by the scientific edition of О. Halych, 4th ed., stereotype. К.: Lybid, 2008. P. 144. \u00004. Ionas V. Ya. Criterion of creativity in copyright and jurisprudence / V. Ya. Ionas. Moscow: Juridical Literature, 1963. 140 p. \u00005. Kantorovych Ya.А. Copyright in Literary, Musical, Artistic and Photographic Works. SPb.: «Pravo», 2011. P. 105 \u00006. Kyiashko Yu. Director's script as a plan for translating the author's intention into a television program / Yu. Кyiashko. KhNU Bulletin. 2011. No 3. PP. 59–62. \u00007. Literary encyclopedia: Dictionary of literary notions: in 2 v. / by the edit. of N. Brodskyi, A. Lavretskyi, E. Lunin, V. Lvov-Rohachevskyi, M.Rozanov, V. Cheshykhin-Vetrinskii. M.; L.: L. D. Frenkel Publishing House, 1925. \u00008. Maratkanova A. A. Format of an audiovisual work as a result of intellectual property. New Juridical Bulletin. 2020. No 2 (16). PP. 31–34. URL: http://moluch.ru/th/9/archive/156/4874 (access date 02.03.21.) \u00009. “On copyright and related rights» (as amended by Law No 212 from 29.07.2016): Law of Republic of Moldova No 139 dated 02 July, 2010. URL: http://www.wipo.int/wipolex/en/text.jsp?file_id=421473 (access date 13.07.21.) \u000010. On the application by the courts of the norms of legislation in cases on the protection of copyright and related rights: Resolution of the Plenum of the Supreme Court of Ukraine on 04 June, 2010 No 5. URL: https://zakon.rada.gov.ua/laws/show/v0005700-10#Text (access date 22.07.21.) \u000011. Stromov Yu.A. The path of an actor to creative reincarnation / Yu. А. Stromov. М., 1975. 80 p. \u000012. Fridmen V.E. Protection of parts and structural elements of a work as objects of copyright in Russia and the USA: abstract of dissertation for the degree of candidate of juridical sciences / Fridmen V.E., М., 2005. \u000013. Draft treaty on the protection of broadcasting organizations. Joint Proposal by the Delegations of South Africa and Mexico. Standing Committee on Copyright and Related Rights. 24th Session. Geneva, July 1","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115791521","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}
O. Doroshenko, Vitalii Petrenko, Hryhorii Dorozhko
Key words: effectiveness of judicial expertise, expert conclusion, improvement of the legislative framework of judicial expertise, training and retraining of the staff of judicial experts, assessment of the expert's conclusion by the court The article is devoted to the question of determining directions of increase in effectiveness of judicial examination of violated rights on objects of intellectual property. The essence of the concept "effectiveness of judicial expertise" is revealed, which can be used for the processes of judicial expertise considering the peculiarities of intellectual property objects, and it is emphasized that in legal practice the concept "effectiveness" has no purpose of defining the value of processes and technologies. It is noted that the effectiveness of judicial expertise is determined by the following components: ensuring rational and effective organization of judicial expertise; ensuring the validity, permissibility, reliability, completeness and objectivity of the provided expert opinion; improvement of the regulatory framework; organization of basic training of experts in the field of intellectual property. It is shown that the effectiveness ofjudicial experts in the field of intellectual property directly depends on the quality of special legislation. Thus, special industrial property laws have not solved a number of problems that can be identified only in the process of law enforcement, in particular, during the conduct of judicial and expert research.A well-grounded proposition that the effectiveness of the expert examinations in cases of intellectual property objects can be enhanced by more active involvement of experts in the field of science, technology, art, crafts, etc., who are not qualified judicialexperts. At that, the most effective form of such attraction may be the order of conducting examination of the commission in the composition of the specialist in the relevant industry and the certified expert of the respective specialty.It is also proved that such factors as judges’ workload, their experience, presence of additional training (education), presence or absence of specialization in this kind of judicial activity influence the completeness and comprehensiveness assessment of the litigation proceeding. The hope was expressed that the creation and commencement of the work of the High specialized Court on Intellectual Property issues will have a positive impact on the effectiveness of judicial expertise in this branch.
{"title":"Directions of improvement of efficiency of judicial expertise in cases concerning objects of intellectual property","authors":"O. Doroshenko, Vitalii Petrenko, Hryhorii Dorozhko","doi":"10.33731/12022.258190","DOIUrl":"https://doi.org/10.33731/12022.258190","url":null,"abstract":"Key words: effectiveness of judicial expertise, expert conclusion, improvement of the legislative framework of judicial expertise, training and retraining of the staff of judicial experts, assessment of the expert's conclusion by the court \u0000The article is devoted to the question of determining directions of increase in effectiveness of judicial examination of violated rights on objects of intellectual property. The essence of the concept \"effectiveness of judicial expertise\" is revealed, which can be used for the processes of judicial expertise considering the peculiarities of intellectual property objects, and it is emphasized that in legal practice the concept \"effectiveness\" has no purpose of defining the value of processes and technologies. It is noted that the effectiveness of judicial expertise is determined by the following components: ensuring rational and effective organization of judicial expertise; ensuring the validity, permissibility, reliability, completeness and objectivity of the provided expert opinion; improvement of the regulatory framework; organization of basic training of experts in the field of intellectual property. It is shown that the effectiveness ofjudicial experts in the field of intellectual property directly depends on the quality of special legislation. Thus, special industrial property laws have not solved a number of problems that can be identified only in the process of law enforcement, in particular, during the conduct of judicial and expert research.A well-grounded proposition that the effectiveness of the expert examinations in cases of intellectual property objects can be enhanced by more active involvement of experts in the field of science, technology, art, crafts, etc., who are not qualified judicialexperts. At that, the most effective form of such attraction may be the order of conducting examination of the commission in the composition of the specialist in the relevant industry and the certified expert of the respective specialty.It is also proved that such factors as judges’ workload, their experience, presence of additional training (education), presence or absence of specialization in this kind of judicial activity influence the completeness and comprehensiveness assessment of the litigation proceeding. The hope was expressed that the creation and commencement of the work of the High specialized Court on Intellectual Property issues will have a positive impact on the effectiveness of judicial expertise in this branch.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115825096","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, virtual assets, nonfungible tokens. This article is devoted to the study of non-fungible tokens (NFT) as a new tool, which due to its technical features is unique and unrepeatable and has recently been widely used by art collectors. This article attempts to define the legal understanding of nonfungible tokens from the perspective of civil law, as well as copyrights. In order to achieve this goal, the article identifies the main legally important components of theNFT creation process, which not least determine the place in the system of objects of law. This article defines certain approaches to the understanding of virtual (digital) property in relation to the category of crypto-asset (virtual asset) under Ukrainian law, as a result of which the position about the possibility of attributing NFT for certain conditions is substantiated. The position about the possible obligatory nature ofNFT is substantiated. The possibility of obtaining copyright on the work in connection with which NFT is created, as well as the emergence of resale right is analysed.It is concluded that NFT is not a work, and is not the result of acquiring intellectual property rights, but can only certify property rights. NFT can be secured by a property right of claim, for example concerning the transfer of a property, including the original work of art, the image of which is used for such NFT. NFT is not a separate copyright object, as technically, it is only a metadata associated with a digital file — a digital copy of a copyright or related rights object. The use of the copyrighted work on NFT can be lawfully executed only with the permission of the copyright holder. The use of the NFT copyright may be deemed unlawful under certain conditions, which requires separate permission from the copyright holder.
{"title":"NFT: a private law view through the link with copyright","authors":"L. Maidanyk","doi":"10.33731/12022.258183","DOIUrl":"https://doi.org/10.33731/12022.258183","url":null,"abstract":"Keywords: NFT, copyright, virtual assets, nonfungible tokens. \u0000This article is devoted to the study of non-fungible tokens (NFT) as a new tool, which due to its technical features is unique and unrepeatable and has recently been widely used by art collectors. This article attempts to define the legal understanding of nonfungible tokens from the perspective of civil law, as well as copyrights. In order to achieve this goal, the article identifies the main legally important components of theNFT creation process, which not least determine the place in the system of objects of law. This article defines certain approaches to the understanding of virtual (digital) property in relation to the category of crypto-asset (virtual asset) under Ukrainian law, as a result of which the position about the possibility of attributing NFT for certain conditions is substantiated. The position about the possible obligatory nature ofNFT is substantiated. The possibility of obtaining copyright on the work in connection with which NFT is created, as well as the emergence of resale right is analysed.It is concluded that NFT is not a work, and is not the result of acquiring intellectual property rights, but can only certify property rights. NFT can be secured by a property right of claim, for example concerning the transfer of a property, including the original work of art, the image of which is used for such NFT. NFT is not a separate copyright object, as technically, it is only a metadata associated with a digital file — a digital copy of a copyright or related rights object. The use of the copyrighted work on NFT can be lawfully executed only with the permission of the copyright holder. The use of the NFT copyright may be deemed unlawful under certain conditions, which requires separate permission from the copyright holder.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"105 4","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131727209","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: state policy, national security, intellectual property Legislative acts that form the state policy in the field of national security and defense of Ukraine regarding the protection of intellectual property are considered. The state of realization of the defined questions at development of armament and military equipment is investigated. It is determined that the effective implementation of the state national security policy is impossiblewithout a comprehensive analysis of the impact of intellectual property issues on the sphere of national security and defense of Ukraine. The importance of improving the system of intellectual property protection in the development of armaments and military equipment is noted.Ensuring Ukraine’s defense capability largely depends on equipping the Armed Forces of Ukraine with modern types and models of armaments and military equipment that is developed based on intellectual property rights. The required level of defense capability of the state is achieved through the formation and implementation of defense and industrial policy, the purpose of which is the development and production of weapons and military equipment and equipping the Armed Forces of Ukraine.It is the military-technical sphere where the objects of intellectual property rights belonging to the sphere of national security and defense are created, and the state is obliged to ensure their protection.Ukraine began to form a state policy on national security and defense from the first days of the independence.The legislation of Ukraine on national security and defense determines the need to use scientific and technical achievements and the introduction of new technologies to increase the state's defense capabilities. However, the provisions on intellectual property issues in all regulations are purely declarative by nature without defining specific tasks to eliminate possible threats and address issues.This is especially true of the use of intellectual property in the field of national security and defense.An important component of the mechanism for formulating state policy in the field of national security and defense should be the organization and comprehensive protection of intellectual property, especially in the development of armaments and military equipment.
{"title":"State of formation and implementation of state policy on ensuring the protection of intellectual property during weapons and military equipment development","authors":"Oleksandr Zaikivskyi, Oleksandr Onistrat","doi":"10.33731/12022.258191","DOIUrl":"https://doi.org/10.33731/12022.258191","url":null,"abstract":"Keywords: state policy, national security, intellectual property \u0000Legislative acts that form the state policy in the field of national security and defense of Ukraine regarding the protection of intellectual property are considered. The state of realization of the defined questions at development of armament and military equipment is investigated. It is determined that the effective implementation of the state national security policy is impossiblewithout a comprehensive analysis of the impact of intellectual property issues on the sphere of national security and defense of Ukraine. The importance of improving the system of intellectual property protection in the development of armaments and military equipment is noted.Ensuring Ukraine’s defense capability largely depends on equipping the Armed Forces of Ukraine with modern types and models of armaments and military equipment that is developed based on intellectual property rights. \u0000The required level of defense capability of the state is achieved through the formation and implementation of defense and industrial policy, the purpose of which is the development and production of weapons and military equipment and equipping the Armed Forces of Ukraine.It is the military-technical sphere where the objects of intellectual property rights belonging to the sphere of national security and defense are created, and the state is obliged to ensure their protection.Ukraine began to form a state policy on national security and defense from the first days of the independence.The legislation of Ukraine on national security and defense determines the need to use scientific and technical achievements and the introduction of new technologies to increase the state's defense capabilities. However, the provisions on intellectual property issues in all regulations are purely declarative by nature without defining specific tasks to eliminate possible threats and address issues.This is especially true of the use of intellectual property in the field of national security and defense.An important component of the mechanism for formulating state policy in the field of national security and defense should be the organization and comprehensive protection of intellectual property, especially in the development of armaments and military equipment.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"77 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128456399","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}
Key words: legislation, legal regulation, copyright, European Union, intellectual property In Ukraine, the sphere of copyright is regulated by a large number of legislative acts. It includes the Civil Code and the Law ‘On Copyright and Related Rights’ which can be considered as general for relations on the creation and use of works. There are also separate laws on publishing, theater, architecture, media, and other types of activity which are special in the context of legal regulation of certain aspects of copyright in certain areas. Although such a division of legal rules is of certain logic, at the same time, the domestic ramified system of legislative acts is characterized by duplication of similar provisions in different laws and the presence of collisions and therefore is not effective enough.The copyright laws of many EU Member States are based on a structure similar to the Law of Ukraine ‘On Copyright and Related Rights’. At the same time, they differ from it by a higher degree of detail of many provisions. In many Member States, there is a tendency to systematize copyright laws so that they contain all or most of the rules related to the examined area and thus regulate it more fully and comprehensively.In Ukraine, a significant number of such provisions are either stipulated in the legal acts other than the Civil Code and the Law ‘On Copyright and Related Rights’, or are not stipulated at all. In general, copyright laws of many Member States are more systemic in nature. Some of the approaches adopted in the EU Member States will be useful for reforming the sphere of copyright in Ukraine. This applies, in particular, to specifying the terms of publishing and other contracts in the field of copyright: the general requirements for such contracts are presented in the domestic legislation rather thoroughly but it contains almost no provisions relating to the specific terms of such contracts. In comparison,the Portuguese Code of Copyright and Related Rights includes 24 articles on the publishing contract, and the Italian Law on Copyright and Other Rights Related to its Exercise contains 18 articles regulating such a contract. In Ukraine, there is onlyone general provision stipulating that a publishing contract must be concluded in accordance with the law, and one separate provision concerning the need to specify in the license contract the circulation of the reproduction of a work. The rules on peculiarities of copyright inheritance also deserve attention. There are no such rules in Ukrainian legislation at all, and in practice, there can be quite complex problems that are very difficult to solve due to the gaps in the legal regulation.Therefore, it is advisable to study more deeply the provisions of the domestic legislation of the EU Member States and their experience of legal regulation of copyright relations. This will help to use a more comprehensive and systematic approach to the development of a new edition of the Law ‘On Copyright and
{"title":"Improvement of Copyright Law of Ukraine in the Context of the Experience of EU Member States","authors":"A. Shtefan","doi":"10.33731/12022.258196","DOIUrl":"https://doi.org/10.33731/12022.258196","url":null,"abstract":"Key words: legislation, legal regulation, copyright, European Union, intellectual property \u0000In Ukraine, the sphere of copyright is regulated by a large number of legislative acts. It includes the Civil Code and the Law ‘On Copyright and Related Rights’ which can be considered as general for relations on the creation and use of works. There are also separate laws on publishing, theater, architecture, media, and other types of activity which are special in the context of legal regulation of certain aspects of copyright in certain areas. Although such a division of legal rules is of certain logic, at the same time, the domestic ramified system of legislative acts is characterized by duplication of similar provisions in different laws and the presence of collisions and therefore is not effective enough.The copyright laws of many EU Member States are based on a structure similar to the Law of Ukraine ‘On Copyright and Related Rights’. At the same time, they differ from it by a higher degree of detail of many provisions. In many Member States, there is a tendency to systematize copyright laws so that they contain all or most of the rules related to the examined area and thus regulate it more fully and comprehensively.In Ukraine, a significant number of such provisions are either stipulated in the legal acts other than the Civil Code and the Law ‘On Copyright and Related Rights’, or are not stipulated at all. In general, copyright laws of many Member States are more systemic in nature. \u0000Some of the approaches adopted in the EU Member States will be useful for reforming the sphere of copyright in Ukraine. This applies, in particular, to specifying the terms of publishing and other contracts in the field of copyright: the general requirements for such contracts are presented in the domestic legislation rather thoroughly but it contains almost no provisions relating to the specific terms of such contracts. In comparison,the Portuguese Code of Copyright and Related Rights includes 24 articles on the publishing contract, and the Italian Law on Copyright and Other Rights Related to its Exercise contains 18 articles regulating such a contract. In Ukraine, there is onlyone general provision stipulating that a publishing contract must be concluded in accordance with the law, and one separate provision concerning the need to specify in the license contract the circulation of the reproduction of a work. The rules on peculiarities of copyright inheritance also deserve attention. There are no such rules in Ukrainian legislation at all, and in practice, there can be quite complex problems that are very difficult to solve due to the gaps in the legal regulation.Therefore, it is advisable to study more deeply the provisions of the domestic legislation of the EU Member States and their experience of legal regulation of copyright relations. This will help to use a more comprehensive and systematic approach to the development of a new edition of the Law ‘On Copyright and ","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129512480","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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