Keywords: copyright, providers, rightsholders, users, content, downloads, interactiveaccess, out-of-court settlement of disputes. The article is devoted to the study of the norms of Directive 2019/790 of the European Parliament and of the Council on copyright and related rights in the Digital Single Market, and Guidance on Article 17 of Directive 2019/790 on Copyright in the Digital Single Market.The purpose of this article is to conduct a legal analysis of the EU Directive and Guidance, and determine the features of protection of copyright and related rights through out-of-court settlement of disputes, in the new realities of digital market development, and the feasibility of considering the relevant norms in the legislation of Ukraine.Article 17 of this EU Directive and the provisions of the reference are analysed in details. Rights and obligations of all participants in legal relations arising in the digital environment are considered: rightholders, users, online content-sharing service providers (hereinafter — providers).The definition of the new term «online content-sharing service providers», proposed in the EU Directive, has been explored. It is stated that providers have the right to provide access to legal content, uploaded by users. At the same time, they are obliged to act based on the permission received from the rightholders, do not affect on users who are using the online content-sharing services in order to legal upload and access to information, to prevent the availability of unauthorized content, uploaded by users.In the article explores the norms about out-of-court mechanisms of compensation for damage and the settlement of disputes. Its advantages are defined. The disadvantages that may arise in the practical application of the norms are indicated. In particular, in the Article 17 of the EU Directive and the Guidance do not provide a clear answer to certain questions, such as the status of the person who will have the authority to resolve the relevant disputes; what will be the decisions made by such a person; the procedure, amount and terms of compensation for damages; cross-border application of decisions.A comparison is made between the norms of the legislation of Ukraine on copyright and related rights and the relevant norms of European legislation. It is noted that in the Law of Ukraine «On Copyright and Related Rights» there is a procedure for termination of infringements of copyright and related rights on the Internet by providers. Out-ofcourtsettlement of disputes is not provided for, but it is not prohibited. The provider restores access to the object if the right holder has not provided him with confirmation of the opening of legal proceedings to protect his rights to the object of copyright and (or) related rights, in respect of which the application for termination of the violation was filed.Unlike the provisions of the Law, according to Art. 17 (9) of the EU Directive and the Guidance, the user can appeal the de
{"title":"Оut-of-court settlement of disputes in accordance with European copyright and related rights in the Digital Single Market","authors":"V. Trotska","doi":"10.33731/12022.258189","DOIUrl":"https://doi.org/10.33731/12022.258189","url":null,"abstract":"Keywords: copyright, providers, rightsholders, users, content, downloads, interactiveaccess, out-of-court settlement of disputes. \u0000The article is devoted to the study of the norms of Directive 2019/790 of the European Parliament and of the Council on copyright and related rights in the Digital Single Market, and Guidance on Article 17 of Directive 2019/790 on Copyright in the Digital Single Market.The purpose of this article is to conduct a legal analysis of the EU Directive and Guidance, and determine the features of protection of copyright and related rights through out-of-court settlement of disputes, in the new realities of digital market development, and the feasibility of considering the relevant norms in the legislation of Ukraine.Article 17 of this EU Directive and the provisions of the reference are analysed in details. \u0000Rights and obligations of all participants in legal relations arising in the digital environment are considered: rightholders, users, online content-sharing service providers (hereinafter — providers).The definition of the new term «online content-sharing service providers», proposed in the EU Directive, has been explored. It is stated that providers have the right to provide access to legal content, uploaded by users. At the same time, they are obliged to act based on the permission received from the rightholders, do not affect on users who are using the online content-sharing services in order to legal upload and access to information, to prevent the availability of unauthorized content, uploaded by users.In the article explores the norms about out-of-court mechanisms of compensation for damage and the settlement of disputes. Its advantages are defined. The disadvantages that may arise in the practical application of the norms are indicated. \u0000In particular, in the Article 17 of the EU Directive and the Guidance do not provide a clear answer to certain questions, such as the status of the person who will have the authority to resolve the relevant disputes; what will be the decisions made by such a person; the procedure, amount and terms of compensation for damages; cross-border application of decisions.A comparison is made between the norms of the legislation of Ukraine on copyright and related rights and the relevant norms of European legislation. It is noted that in the Law of Ukraine «On Copyright and Related Rights» there is a procedure for termination of infringements of copyright and related rights on the Internet by providers. Out-ofcourtsettlement of disputes is not provided for, but it is not prohibited. The provider restores access to the object if the right holder has not provided him with confirmation of the opening of legal proceedings to protect his rights to the object of copyright and (or) related rights, in respect of which the application for termination of the violation was filed.Unlike the provisions of the Law, according to Art. 17 (9) of the EU Directive and the Guidance, the user can appeal the de","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"37 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":"117201615","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: biometric identification, personal data, video monitoring, facial recognition technology, artificial intelligence The technological trends of biometric technologies, the evolution of facial recognition technology (FRT), the algorithm of FRT, and the FRT scope, development and regulation are studied. The Kyiv School of Image Recognition developments and the legal basis for the application of FRT in Ukraine are analyzed, and the author’s definition of FRT used in real-time to identify, authenticate, and verify a person as a biometric system controlled by artificial intelligence (AI) is presented.The state of compliance with the legislation requirements on personal data protection in Ukraine, their legal protection during video surveillance, social effect (almost 30% of crimes are solved applying FRT, in areas where automatic video recording systemsare installed, the number of deaths has decreased by three times), reforms of the national personal data protection system is studied. Risks and challenges arising from the lack of proper regulation of FRT in Ukraine are identified, and their solutionsare suggested. It is concluded that the FRT is becoming an instrument of geopolitical influence. The field of AI inevitably becomes a sphere of both scientific and technological competition as well as military and political confrontation.The application of biometric technologies is now trending. It provides access to workplaces and network resources, protection of information, access to specific resources and security at airports. For example, e-business and e-state affairs operationsare only possible after following specific personal identification procedures. Biometric technologies are currently used in banking security, investment and other financialtransactions, as well as in retail, law enforcement, health care and social services.It should be noted that there are two vectors of FRT development in the world. The totalitarian path of mass surveillance, accompanied by equally active manipulation and abuse, and the democratic one, offering an application of FRT as an instrument to prevent the violation of fundamental human rights. At the same time, no one demands to abandon FRT completely. It is a question of assessing the risk of its impact on people’s lives. The remote biometric identification, in which the AI can contributeto unprecedented change, bears an extremely high risk of profound and undemocratic interference in people’s privacy. Specific ways of using technology can benefit society and individuals, while others may have negative consequences. For FRT to be used to benefit and serve people, there are social and legal, primarily in the personal data protection system, and ethical norms.
{"title":"Face recognition technologies: regulation problems in Ukraine","authors":"H. Androshchuk, L. Rabotiahova","doi":"10.33731/12022.258192","DOIUrl":"https://doi.org/10.33731/12022.258192","url":null,"abstract":"Keywords: biometric identification, personal data, video monitoring, facial recognition technology, artificial intelligence \u0000The technological trends of biometric technologies, the evolution of facial recognition technology (FRT), the algorithm of FRT, and the FRT scope, development and regulation are studied. The Kyiv School of Image Recognition developments and the legal basis for the application of FRT in Ukraine are analyzed, and the author’s definition of FRT used in real-time to identify, authenticate, and verify a person as a biometric system controlled by artificial intelligence (AI) is presented.The state of compliance with the legislation requirements on personal data protection in Ukraine, their legal protection during video surveillance, social effect (almost 30% of crimes are solved applying FRT, in areas where automatic video recording systemsare installed, the number of deaths has decreased by three times), reforms of the national personal data protection system is studied. Risks and challenges arising from the lack of proper regulation of FRT in Ukraine are identified, and their solutionsare suggested. It is concluded that the FRT is becoming an instrument of geopolitical influence. The field of AI inevitably becomes a sphere of both scientific and technological competition as well as military and political confrontation.The application of biometric technologies is now trending. It provides access to workplaces and network resources, protection of information, access to specific resources and security at airports. For example, e-business and e-state affairs operationsare only possible after following specific personal identification procedures. Biometric technologies are currently used in banking security, investment and other financialtransactions, as well as in retail, law enforcement, health care and social services.It should be noted that there are two vectors of FRT development in the world. The totalitarian path of mass surveillance, accompanied by equally active manipulation and abuse, and the democratic one, offering an application of FRT as an instrument to prevent the violation of fundamental human rights. At the same time, no one demands to abandon FRT completely. It is a question of assessing the risk of its impact on people’s lives. The remote biometric identification, in which the AI can contributeto unprecedented change, bears an extremely high risk of profound and undemocratic interference in people’s privacy. Specific ways of using technology can benefit society and individuals, while others may have negative consequences. For FRT to be used to benefit and serve people, there are social and legal, primarily in the personal data protection system, and ethical norms.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"7 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":"115526764","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: supplementary protection certificate, basic patent, procedure for obtainingsupplementary protection certificate Key issues of legal regulation of the supplementary protection of inventionsin the field of pharmacy in the national legislation of UkraineThe article is devoted to the study of key issues of legal regulation of supplementaryprotection of inventions after the adoption of the Law of Ukraine «On Amendmentsto Certain Legislative Acts of Ukraine on Patent Legislation Reform» in the absenceof bylaws to regulate the procedure for issuing supplementary protection certificates.The study also highlights the main shortcomings and gaps in the regulation ofcertain issues of application of supplementary protection certificates in the currentLaw of Ukraine «On protection of rights to inventions and utility models.»The author in details analyses European Union approaches to definition of thesubject matter of the supplementary protection, providing criteria which are recommendedto use in order to decide whether the product is covered by the basicpatent in force. Also, the paper is focusing on the issues related to verification ofdata and materials provided together with the application for a certificate — suchas whether the requirement that the medicinal product must be submitted formarketing authorization in Ukraine no later than during one year after it’s first marketing authorization in the world, whether the authorization provided is thefirst authorization in Ukraine, etc.Another problem which is highlighted in the study is the application of the rule tosubmit the petition for obtaining supplementary protection to those patents and marketingauthorizations which were issued before the amendments to the Law came inforce, as this question remained unresolved due to the lack of transitional provisionsin the Law. Also author points out the necessity to align the provisions of the Article271 of the Law of Ukraine «On Protection of Rights to Inventions and Utility Models»regarding the definition of the subject matter of supplementary protection in accordancewith patent legislation by excluding application of the medicinal product fromthe list as it is not patentable according to Ukrainian law. In addition, the author emphasizedthe urge to adopt relevant bylaws (procedure) regulating the issue of certificatesof supplementary protection.
{"title":"Key issues of legal regulation of the supplementary protection of inventions in the field of pharmacy in the national legislation of Ukraine","authors":"Anastasiia Homeniuk","doi":"10.33731/62021.249108","DOIUrl":"https://doi.org/10.33731/62021.249108","url":null,"abstract":"Keywords: supplementary protection certificate, basic patent, procedure for obtainingsupplementary protection certificate \u0000Key issues of legal regulation of the supplementary protection of inventionsin the field of pharmacy in the national legislation of UkraineThe article is devoted to the study of key issues of legal regulation of supplementaryprotection of inventions after the adoption of the Law of Ukraine «On Amendmentsto Certain Legislative Acts of Ukraine on Patent Legislation Reform» in the absenceof bylaws to regulate the procedure for issuing supplementary protection certificates.The study also highlights the main shortcomings and gaps in the regulation ofcertain issues of application of supplementary protection certificates in the currentLaw of Ukraine «On protection of rights to inventions and utility models.»The author in details analyses European Union approaches to definition of thesubject matter of the supplementary protection, providing criteria which are recommendedto use in order to decide whether the product is covered by the basicpatent in force. Also, the paper is focusing on the issues related to verification ofdata and materials provided together with the application for a certificate — suchas whether the requirement that the medicinal product must be submitted formarketing authorization in Ukraine no later than during one year after it’s first marketing authorization in the world, whether the authorization provided is thefirst authorization in Ukraine, etc.Another problem which is highlighted in the study is the application of the rule tosubmit the petition for obtaining supplementary protection to those patents and marketingauthorizations which were issued before the amendments to the Law came inforce, as this question remained unresolved due to the lack of transitional provisionsin the Law. Also author points out the necessity to align the provisions of the Article271 of the Law of Ukraine «On Protection of Rights to Inventions and Utility Models»regarding the definition of the subject matter of supplementary protection in accordancewith patent legislation by excluding application of the medicinal product fromthe list as it is not patentable according to Ukrainian law. In addition, the author emphasizedthe urge to adopt relevant bylaws (procedure) regulating the issue of certificatesof supplementary protection.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128031845","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: real losses, intellectual property rights, object of intellectual propertyrights, subject of intellectual property rights, right to own, use and dispose of intellectualproperty rights, contractual obligations, non-contractual legal relations This article provides an analysis and formulation of the category of «real losses» in thefield of intellectual property. The categories of «real losses» in relation to the propertysphere and the sphere of intellectual property are analysed and justified.First, the author will consider the concept of «real losses» in the property sphere,which was previously studied by many well-known legal scholars and lawyers. Further,we are talking about the structure and Element-by-Element composition of reallosses. Then, the concept of incurred and future expenses is considered.The author notes that everything that concerns the property sphere will also applyto the sphere of intellectual property to a certain extent, but a significant differencewill be that real losses in these areas apply to different subjects, objects and rights. After that, the author will try to provide and analyse the definition of the concept of«real losses» for regarding the sphere of intellectual property.Further, the author focuses on the concept of intellectual property law, the subjectof intellectual property rights, intellectual property rights, objects of intellectualproperty rights under the Civil Code of Ukraine. Also, the article deals with such conceptsas the rights of the owner of rights: the right to own, the right to use and theright to dispose. Further, we are talking about real expenses in the field of intellectualproperty.Summing up the theoretical material presented above and taking into account thechanges of the author that he proposed, the definition of the concept of "real losses" inthe field of intellectual property is given.According to the author, such a legal norm could be included in the fourth book«Intellectual Property Law», Chapter 35 «general provisions on intellectual propertylaw» of the Civil Code of Ukraine, in the article on losses.
{"title":"The concept of real losses as a component of the concept of losses in the sphere of intellectual property: category of law and economics","authors":"Ihor Shulpin","doi":"10.33731/62021.249062","DOIUrl":"https://doi.org/10.33731/62021.249062","url":null,"abstract":"Keywords: real losses, intellectual property rights, object of intellectual propertyrights, subject of intellectual property rights, right to own, use and dispose of intellectualproperty rights, contractual obligations, non-contractual legal relations \u0000This article provides an analysis and formulation of the category of «real losses» in thefield of intellectual property. The categories of «real losses» in relation to the propertysphere and the sphere of intellectual property are analysed and justified.First, the author will consider the concept of «real losses» in the property sphere,which was previously studied by many well-known legal scholars and lawyers. Further,we are talking about the structure and Element-by-Element composition of reallosses. Then, the concept of incurred and future expenses is considered.The author notes that everything that concerns the property sphere will also applyto the sphere of intellectual property to a certain extent, but a significant differencewill be that real losses in these areas apply to different subjects, objects and rights. After that, the author will try to provide and analyse the definition of the concept of«real losses» for regarding the sphere of intellectual property.Further, the author focuses on the concept of intellectual property law, the subjectof intellectual property rights, intellectual property rights, objects of intellectualproperty rights under the Civil Code of Ukraine. Also, the article deals with such conceptsas the rights of the owner of rights: the right to own, the right to use and theright to dispose. Further, we are talking about real expenses in the field of intellectualproperty.Summing up the theoretical material presented above and taking into account thechanges of the author that he proposed, the definition of the concept of \"real losses\" inthe field of intellectual property is given.According to the author, such a legal norm could be included in the fourth book«Intellectual Property Law», Chapter 35 «general provisions on intellectual propertylaw» of the Civil Code of Ukraine, in the article on losses.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"19 819 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123680310","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, copyright and related rights, objects of industrialproperty, means of individualization, criminal liability, crimes against intellectualproperty The article providesan overview of individual articles of the criminal codes of Ukraine, the Republic ofLatvia, Georgia and the People's Republic of China. These articles have constituted crimes against intellectual property. Statistics on the number of sentences in cases ofinfringement of intellectual property rights in Ukraine for 10 years.The rapid development of science and technology in the 21st century is creatingnew impetus for scientific research. There is a need to update national legislation.New approaches to intellectual property protection continue to be sought around theworld. Issues of crime in the field of intellectual property are becoming relevant anddiscussed among scientists, authors, inventors.The author gives examples of the Criminal Codes of Ukraine, the Republic ofLatvia, Georgia, and the People's Republic of China. The experience of the People'sRepublic of China is logical, correct in legal terms.Intellectual property provides economic benefits. Ago crimes against intellectualproperty should be classified as economic. According to the author, the Ukrainian authoritieswill be faced with new demands from foreign partners, including the EU, tostrengthen the fight against crime in this area under the threat of significant internationaleconomic sanctions. The proposed changes are aimed at eliminating gaps inlegislation and avoiding errors in the application of the Criminal Code of Ukraine bylaw enforcement agencies.
{"title":"Criminal liability for committing crimes in the sphere intellectual property under the laws of foreign countries","authors":"Yevheniia Nedohibchenko","doi":"10.33731/62021.249466","DOIUrl":"https://doi.org/10.33731/62021.249466","url":null,"abstract":"Keywords: intellectual property, copyright and related rights, objects of industrialproperty, means of individualization, criminal liability, crimes against intellectualproperty The article providesan overview of individual articles of the criminal codes of Ukraine, the Republic ofLatvia, Georgia and the People's Republic of China. These articles have constituted crimes against intellectual property. Statistics on the number of sentences in cases ofinfringement of intellectual property rights in Ukraine for 10 years.The rapid development of science and technology in the 21st century is creatingnew impetus for scientific research. There is a need to update national legislation.New approaches to intellectual property protection continue to be sought around theworld. Issues of crime in the field of intellectual property are becoming relevant anddiscussed among scientists, authors, inventors.The author gives examples of the Criminal Codes of Ukraine, the Republic ofLatvia, Georgia, and the People's Republic of China. The experience of the People'sRepublic of China is logical, correct in legal terms.Intellectual property provides economic benefits. Ago crimes against intellectualproperty should be classified as economic. According to the author, the Ukrainian authoritieswill be faced with new demands from foreign partners, including the EU, tostrengthen the fight against crime in this area under the threat of significant internationaleconomic sanctions. The proposed changes are aimed at eliminating gaps inlegislation and avoiding errors in the application of the Criminal Code of Ukraine bylaw enforcement agencies.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124089651","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: clinical trial, confidential information, personal data, patient Clinical trials are conductedin accordance with legal norms, subject to human rights and in accordance with internationalethical principles. Each clinical trial for the patient (subject) begins on a voluntarybasis and with acquaintance of the patient (subject) about the features of the study, itspurpose and purpose, explanation of possible risks, in addition, the patient is informedabout innovative drugs and access to free treatment during research. The patient participatesin the study of the drug of his own volition, signing a voluntary informed consent.It is important to ensure that the rights of the patient (subject) in the clinical trial of themedicinal product to privacy and the protection of personal data, which is confidential informationabout the person who is the subject of the study, are respected. During clinicaltrials, researchers and all persons involved in the research process should treat responsiblythe person participating in the study of the medicinal product as the object of study,namely with respect for the human right to privacy and its secrecy. Individuals and legalentities should be able to protect information legally under their control from disclosure,acquisition or use by others without their consent in a manner contrary to fair commercialpractice, if such information is confidential in the sense that it is as a whole or in theexact configuration and combination of its components, commonly known or available topersons in the circles normally involved with the information in question. It is importantto note that any information that becomes known about the patient (subject) during theclinical trial of the drug should be carefully protected by the party conducting the study.Therefore, it is important to note that the right of a patient not to disclose confidentialinformation about him is guaranteed by the Constitution of Ukraine. The right to medicalsecrecy is enshrined in the Law of Ukraine "Fundamentals of Health Legislation". Incases where the rights of the patient (subject) have been violated, the legislator providesfor criminal liability for intentional disclosure of medical secrets to a person who becameknown in connection with the performance of professional or official duties, if such an actcaused serious consequences and for illegal collection, storage, use, destruction, disseminationof confidential information about a person or illegal change of such informationcomes criminal liability.
{"title":"Ensuring the confidentiality of patient information obtained during a clinical trial of a medicinal product","authors":"O. Ponomarova","doi":"10.33731/62021.249467","DOIUrl":"https://doi.org/10.33731/62021.249467","url":null,"abstract":"Keywords: clinical trial, confidential information, personal data, patient \u0000Clinical trials are conductedin accordance with legal norms, subject to human rights and in accordance with internationalethical principles. Each clinical trial for the patient (subject) begins on a voluntarybasis and with acquaintance of the patient (subject) about the features of the study, itspurpose and purpose, explanation of possible risks, in addition, the patient is informedabout innovative drugs and access to free treatment during research. The patient participatesin the study of the drug of his own volition, signing a voluntary informed consent.It is important to ensure that the rights of the patient (subject) in the clinical trial of themedicinal product to privacy and the protection of personal data, which is confidential informationabout the person who is the subject of the study, are respected. During clinicaltrials, researchers and all persons involved in the research process should treat responsiblythe person participating in the study of the medicinal product as the object of study,namely with respect for the human right to privacy and its secrecy. Individuals and legalentities should be able to protect information legally under their control from disclosure,acquisition or use by others without their consent in a manner contrary to fair commercialpractice, if such information is confidential in the sense that it is as a whole or in theexact configuration and combination of its components, commonly known or available topersons in the circles normally involved with the information in question. It is importantto note that any information that becomes known about the patient (subject) during theclinical trial of the drug should be carefully protected by the party conducting the study.Therefore, it is important to note that the right of a patient not to disclose confidentialinformation about him is guaranteed by the Constitution of Ukraine. The right to medicalsecrecy is enshrined in the Law of Ukraine \"Fundamentals of Health Legislation\". Incases where the rights of the patient (subject) have been violated, the legislator providesfor criminal liability for intentional disclosure of medical secrets to a person who becameknown in connection with the performance of professional or official duties, if such an actcaused serious consequences and for illegal collection, storage, use, destruction, disseminationof confidential information about a person or illegal change of such informationcomes criminal liability.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116989701","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: defence capability, intellectual property, regulatory and legal support,armament and military equipment, military-technical cooperation The condition of regulatory and legal support of defencecapability of Ukraine and problems concerning protection of intellectual propertyand protection of state interests in this sphere are investigated. The importance ofprotection of intellectual property rights to ensure the enhancement of the state's defencecapabilities is noted.Ensuring Ukraine’s defence capability largely depends on equipping the ArmedForces of Ukraine with modern types and models of armaments and military equipmentdeveloped on the basis of the intellectual property rights.It is the military-technical sphere where the objects of intellectual property rightsbelonging to the sphere of national security and defence are created, and the state isobliged to ensure their protection. This will increase the competitiveness of the domesticdefence industry and make it impossible for anyone in the mass production ofarmaments and military equipment for their own needs and for exports, that directlyaffects defence capabilities.This requires proper protection of intellectual property rights both in the processof own production of weapons and military equipment, and in military-technical cooperation.The legislation of Ukraine on national security and defence determines the need touse scientific and technical achievements and the introduction of new technologies toincrease the state's defence capabilities. However, the issue of intellectual property,which is the basis of these achievements and technologies, is not raised. It is notedonly that the acquisition, security, protection of intellectual property rights to scientificand technical (applied) results are carried out in accordance with the law, and incase of infringement of intellectual property rights is protected in the manner prescribedby administrative, civil and criminal law.Thus, all issues related to the defence and protection of intellectual property rightsmust be resolved within the framework of special legislation on intellectual property.Recommendations for improving the regulatory and legal support of Ukraine's defencecapabilities with a purpose of solution of intellectual property issues in this areaand compliance with national interests and security of the state on intellectual propertyrights in the development of armaments and military equipment, as well as internationalmilitary-technical cooperation were submitted.
{"title":"Regulatory and legal support of intellectual property protection in the defense sphere (in the development of armaments and military equipment; in the implementation of international military- technical cooperation)","authors":"Oleksandr Zaikivskyi, Oleksandr Onistrat","doi":"10.33731/62021.248981","DOIUrl":"https://doi.org/10.33731/62021.248981","url":null,"abstract":"Keywords: defence capability, intellectual property, regulatory and legal support,armament and military equipment, military-technical cooperation \u0000The condition of regulatory and legal support of defencecapability of Ukraine and problems concerning protection of intellectual propertyand protection of state interests in this sphere are investigated. The importance ofprotection of intellectual property rights to ensure the enhancement of the state's defencecapabilities is noted.Ensuring Ukraine’s defence capability largely depends on equipping the ArmedForces of Ukraine with modern types and models of armaments and military equipmentdeveloped on the basis of the intellectual property rights.It is the military-technical sphere where the objects of intellectual property rightsbelonging to the sphere of national security and defence are created, and the state isobliged to ensure their protection. This will increase the competitiveness of the domesticdefence industry and make it impossible for anyone in the mass production ofarmaments and military equipment for their own needs and for exports, that directlyaffects defence capabilities.This requires proper protection of intellectual property rights both in the processof own production of weapons and military equipment, and in military-technical cooperation.The legislation of Ukraine on national security and defence determines the need touse scientific and technical achievements and the introduction of new technologies toincrease the state's defence capabilities. However, the issue of intellectual property,which is the basis of these achievements and technologies, is not raised. It is notedonly that the acquisition, security, protection of intellectual property rights to scientificand technical (applied) results are carried out in accordance with the law, and incase of infringement of intellectual property rights is protected in the manner prescribedby administrative, civil and criminal law.Thus, all issues related to the defence and protection of intellectual property rightsmust be resolved within the framework of special legislation on intellectual property.Recommendations for improving the regulatory and legal support of Ukraine's defencecapabilities with a purpose of solution of intellectual property issues in this areaand compliance with national interests and security of the state on intellectual propertyrights in the development of armaments and military equipment, as well as internationalmilitary-technical cooperation were submitted.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124898045","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, codification, human rights, private interests, publicinterests, exclusions, medicines, patents The article concerns the expediency of codificationof legislation in the field of intellectual property on the basis of the principles ofpolicy development of pharmaceutical nationalism or pharmaceutical independence ofthe state. Modernity encourages to determine the principles of intellectual propertylaw on the basis of «collective knowledge», to put the intellectual property right toserve the interests of society and provide appropriate incentives for scientific activity.The new spirit of intellectual property dictates the policy of introducing exceptions tointellectual property rights for objects used in the fight against COVID-19.Special attention should be paid to the formation in the world, on the one hand, ofa policy of «pharmaceutical nationalism», which provides for protectionism in relationto the national producer, and on the other — the policy of priority of public interestsover intellectual property rights. Today, this issue is particularly acute in the contextof limited access to vaccines against the background of free production sites of genericcompanies. Therefore, when determining the conceptual approaches to the codificationof legislation in the field of intellectual property, the international experience ofmaintaining such a balance should be taken into account.The path of harmonization of human rights and intellectual property rights hascertain social and economic obstacles, overcoming which requires significant efforts ofpublic organizations, rethinking the established paradigms of the scientific communityand the political will of international organizations. The pandemic has only strengthened our sense that modern science is supranational,it has long been beyond the geographical and beyond the human imagination.That is why the monopolization of its results has become a dangerous phenomenon fora society that has lost the ability to control the processes within itself and has becomedependent on external processes, which are controlled by a small percentage of intellectualproperty market participants.Today, Ukraine has become an Eastern European hub in the field of harmonizationof private and public interests in the field of health care with the mechanisms ofintellectual property rights, and the ongoing patent reform is a breakthrough success.It should be noted that although it is extremely important for Ukraine to be able touse the flexible provisions of the TRIPS Agreement, both for the production of vaccinesand over time for drugs for specific treatment KOVID, the Government shouldkeep in mind the need to clarify the production capacity of domestic producers. , toallow the production of such vaccines and drugs exclusively for the national market,at least at the first stage, as the priority is to meet the needs of the national patient.And, of course, compulsory know-how licenses (trade secrets) shou
{"title":"Keeping the balance of public interests and the interests of the subjects of patent rights in the codification of legislation in the field of intellectual property","authors":"O. Kashyntseva, Yaroslav Iolkin","doi":"10.33731/62021.249080","DOIUrl":"https://doi.org/10.33731/62021.249080","url":null,"abstract":"Keywords: intellectual property, codification, human rights, private interests, publicinterests, exclusions, medicines, patents \u0000The article concerns the expediency of codificationof legislation in the field of intellectual property on the basis of the principles ofpolicy development of pharmaceutical nationalism or pharmaceutical independence ofthe state. Modernity encourages to determine the principles of intellectual propertylaw on the basis of «collective knowledge», to put the intellectual property right toserve the interests of society and provide appropriate incentives for scientific activity.The new spirit of intellectual property dictates the policy of introducing exceptions tointellectual property rights for objects used in the fight against COVID-19.Special attention should be paid to the formation in the world, on the one hand, ofa policy of «pharmaceutical nationalism», which provides for protectionism in relationto the national producer, and on the other — the policy of priority of public interestsover intellectual property rights. Today, this issue is particularly acute in the contextof limited access to vaccines against the background of free production sites of genericcompanies. Therefore, when determining the conceptual approaches to the codificationof legislation in the field of intellectual property, the international experience ofmaintaining such a balance should be taken into account.The path of harmonization of human rights and intellectual property rights hascertain social and economic obstacles, overcoming which requires significant efforts ofpublic organizations, rethinking the established paradigms of the scientific communityand the political will of international organizations. \u0000The pandemic has only strengthened our sense that modern science is supranational,it has long been beyond the geographical and beyond the human imagination.That is why the monopolization of its results has become a dangerous phenomenon fora society that has lost the ability to control the processes within itself and has becomedependent on external processes, which are controlled by a small percentage of intellectualproperty market participants.Today, Ukraine has become an Eastern European hub in the field of harmonizationof private and public interests in the field of health care with the mechanisms ofintellectual property rights, and the ongoing patent reform is a breakthrough success.It should be noted that although it is extremely important for Ukraine to be able touse the flexible provisions of the TRIPS Agreement, both for the production of vaccinesand over time for drugs for specific treatment KOVID, the Government shouldkeep in mind the need to clarify the production capacity of domestic producers. , toallow the production of such vaccines and drugs exclusively for the national market,at least at the first stage, as the priority is to meet the needs of the national patient.And, of course, compulsory know-how licenses (trade secrets) shou","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"235 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128255730","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: systematization; recodification; legislation; intellectual property; collision;protection of rights; the results of intellectual, creative activity Implementation ofan innovative model in Ukraine is not possible without the creation of a modern systemof regulatory relations in the field of protection of intellectual property that would ensureprotection of human subjects of creative work (authors, artists, and inventors), guaranteeingobservance of their rights, and protection against possible violations.The first steps in improving a legal mechanism for the use of results of intellectualand creative activities are laid in adopted in 2003 by the Civil Code of Ukraine, which notonly greatly expanded the scope of intellectual property rights, but also significantly enrichedits substance. In the Civil Code of Ukraine relations in the field of intellectualproperty were first fixed in a separate structural part (book 4 «Intellectual PropertyRights»), which indicates their importance to private law.Further improvement of the normative array in the field of protection of the results ofcreative activity should provide for the specification of the provisions of the Civil Code ofUkraine at the level of laws and by-laws, aimed at the formation of reliable legal mechanismsfor the implementation and protection of intellectual property rights. However,only now changes have been made to special laws in the field of intellectual property. In2014, Ukraine signed an Association Agreement with the EU. It became necessary tobring the existing regulatory material not only to the Civil Code of Ukraine, but also tocomply with the approaches defined in the provisions of the Association Agreement,Chapter 9 of which contains the requirements and standards for the protection of intellectualproperty rights.The article examines the problems of updating and systematizing the legislation ofUkraine in the field of legal protection of the results of intellectual, creative activity,analyses the collisions and shortcomings of certain norms governing relations in the fieldof intellectual activity. The legal basis for the regulation of the protection of differenttypes of intellectual property objects is investigated, the ways of their improvement aredetailed, the steps taken in this direction in Ukraine are described. Within the frameworkof the research subject, the shortcomings of special legislation, as well as the normsof the Civil Code of Ukraine, contradictions between various legislative acts in the field ofintellectual property are noted and ways of their resolution are proposed.
{"title":"Updating legislation in the field of intellectual property in the conditions of recodification: directions, problems, prospects","authors":"A. Kodynets","doi":"10.33731/62021.248976","DOIUrl":"https://doi.org/10.33731/62021.248976","url":null,"abstract":"Keywords: systematization; recodification; legislation; intellectual property; collision;protection of rights; the results of intellectual, creative activity \u0000Implementation ofan innovative model in Ukraine is not possible without the creation of a modern systemof regulatory relations in the field of protection of intellectual property that would ensureprotection of human subjects of creative work (authors, artists, and inventors), guaranteeingobservance of their rights, and protection against possible violations.The first steps in improving a legal mechanism for the use of results of intellectualand creative activities are laid in adopted in 2003 by the Civil Code of Ukraine, which notonly greatly expanded the scope of intellectual property rights, but also significantly enrichedits substance. In the Civil Code of Ukraine relations in the field of intellectualproperty were first fixed in a separate structural part (book 4 «Intellectual PropertyRights»), which indicates their importance to private law.Further improvement of the normative array in the field of protection of the results ofcreative activity should provide for the specification of the provisions of the Civil Code ofUkraine at the level of laws and by-laws, aimed at the formation of reliable legal mechanismsfor the implementation and protection of intellectual property rights. However,only now changes have been made to special laws in the field of intellectual property. In2014, Ukraine signed an Association Agreement with the EU. It became necessary tobring the existing regulatory material not only to the Civil Code of Ukraine, but also tocomply with the approaches defined in the provisions of the Association Agreement,Chapter 9 of which contains the requirements and standards for the protection of intellectualproperty rights.The article examines the problems of updating and systematizing the legislation ofUkraine in the field of legal protection of the results of intellectual, creative activity,analyses the collisions and shortcomings of certain norms governing relations in the fieldof intellectual activity. The legal basis for the regulation of the protection of differenttypes of intellectual property objects is investigated, the ways of their improvement aredetailed, the steps taken in this direction in Ukraine are described. Within the frameworkof the research subject, the shortcomings of special legislation, as well as the normsof the Civil Code of Ukraine, contradictions between various legislative acts in the field ofintellectual property are noted and ways of their resolution are proposed.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129984751","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, Crimean Tatars, Karaites, Krymchaks, Gagauzpeople, representation, legal status, self-determination, language, culture, traditions,people, identity The article analyses indetail the legal status and certain types of rights as signed to indigenous peoples ofUkraine under the recently adopted Law of Ukraine «On Indigenous Peoples of Ukraine». The criteria of belonging of separate communities to the indigenous peoplesof Ukraine, features of realization by these peoples of their collective rights, and alsorealization by separate representatives of indigenous peoples of their individualrights in the corresponding spheres are defined. The study also defines the characteristicsof the indigenous people, which distinguish this concept from other related concepts,in particular, the concept of national minority. Also, the article, based on theaforementioned Law, determines why only the indigenous peoples of Crimea:Crimean Tatars, Karaites and Krymchaks can be recognized as indigenous peoples ofUkraine, in contrast to the Gagauz people, who currently in Ukraine’s Odessa region.The study also highlights the peculiarities of the representation of indigenous peoplesof Ukraine at the local, national and international levels. A detailed interpretation ofthe provisions of the Law clarifies its role and significance, as well as prospects for theimplementation of its provisions in the future. The specifics of the representation ofindigenous peoples in Ukraine have been studied, in particular through the functioningof separate representative bodies of indigenous peoples, as well as the representationof the aforementioned communities within public authorities and local governments.The process and peculiarities of interaction of the representative bodies of theindigenous peoples of Ukraine with the bodies of state power and local self-governmentin Ukraine are analysed, along with the specifics of the legal status of such bodiesof the indigenous peoples. The publication proves the need for further the legislativeprocess to implement the requirements of the law, as well as the development ofdetailed and transparent mechanisms for such implementation.
{"title":"Law of Ukraine «On Indigenous Peoples of Ukraine»: declaration of rights and their further implementation»","authors":"A. Opanasenko","doi":"10.33731/62021.249459","DOIUrl":"https://doi.org/10.33731/62021.249459","url":null,"abstract":"Keywords: Indigenous peoples, Crimean Tatars, Karaites, Krymchaks, Gagauzpeople, representation, legal status, self-determination, language, culture, traditions,people, identity \u0000The article analyses indetail the legal status and certain types of rights as signed to indigenous peoples ofUkraine under the recently adopted Law of Ukraine «On Indigenous Peoples of Ukraine». The criteria of belonging of separate communities to the indigenous peoplesof Ukraine, features of realization by these peoples of their collective rights, and alsorealization by separate representatives of indigenous peoples of their individualrights in the corresponding spheres are defined. The study also defines the characteristicsof the indigenous people, which distinguish this concept from other related concepts,in particular, the concept of national minority. Also, the article, based on theaforementioned Law, determines why only the indigenous peoples of Crimea:Crimean Tatars, Karaites and Krymchaks can be recognized as indigenous peoples ofUkraine, in contrast to the Gagauz people, who currently in Ukraine’s Odessa region.The study also highlights the peculiarities of the representation of indigenous peoplesof Ukraine at the local, national and international levels. A detailed interpretation ofthe provisions of the Law clarifies its role and significance, as well as prospects for theimplementation of its provisions in the future. The specifics of the representation ofindigenous peoples in Ukraine have been studied, in particular through the functioningof separate representative bodies of indigenous peoples, as well as the representationof the aforementioned communities within public authorities and local governments.The process and peculiarities of interaction of the representative bodies of theindigenous peoples of Ukraine with the bodies of state power and local self-governmentin Ukraine are analysed, along with the specifics of the legal status of such bodiesof the indigenous peoples. The publication proves the need for further the legislativeprocess to implement the requirements of the law, as well as the development ofdetailed and transparent mechanisms for such implementation.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125529977","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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