Pub Date : 2021-07-01DOI: 10.18572/2072-4322-2021-2-4-8
S. Maksimov
The issues of the negative impact of monopolization of global intellectual property markets on the practice of competition between Russian scientific and educational organizations and the competitiveness of Russian science and education are considered. The problem of “office slavery” of Russian scientists and its negative impact on budgetary financing of science are formulated. To eliminate these barriers, it was proposed to adopt in the form of an act of the Government of Russia a Roadmap for the development of competition in science and education, the draft of which was prepared with the participation of the author by a working group of the FAS Russia and the Russian Academy of Sciences. The Roadmap proposes to abandon the practice of economic coercion of Russian scientists to publish the first scientific results obtained primarily in foreign journals, indexed, first, in the WoS. At the same time, it was proposed to create based on Scientific Electronic Library eLIBRARY.RU (based on an agreement or reorganization) an open international abstract database of scientific data with the allocation of national segments of the participating states. The conditions for the formation, financing, operation and use of the resources of this base are proposed to be determined by an open intergovernmental agreement of the Russian Federation. To overcome the negative impact of the monopolization of global markets for scientific results by a narrow circle of commercial organizations, the author proposes to adopt the Declaration, and then the UN Convention on the Protection and Use of Scientific Results (Science Convention).
{"title":"Roadmap for the Development of Competition in Science and Higher Education as a Tool to Eliminate Barriers to the Growth of Competitiveness of Russian Science on Global Markets","authors":"S. Maksimov","doi":"10.18572/2072-4322-2021-2-4-8","DOIUrl":"https://doi.org/10.18572/2072-4322-2021-2-4-8","url":null,"abstract":"The issues of the negative impact of monopolization of global intellectual property markets on the practice of competition between Russian scientific and educational organizations and the competitiveness of Russian science and education are considered. The problem of “office slavery” of Russian scientists and its negative impact on budgetary financing of science are formulated. To eliminate these barriers, it was proposed to adopt in the form of an act of the Government of Russia a Roadmap for the development of competition in science and education, the draft of which was prepared with the participation of the author by a working group of the FAS Russia and the Russian Academy of Sciences. The Roadmap proposes to abandon the practice of economic coercion of Russian scientists to publish the first scientific results obtained primarily in foreign journals, indexed, first, in the WoS. At the same time, it was proposed to create based on Scientific Electronic Library eLIBRARY.RU (based on an agreement or reorganization) an open international abstract database of scientific data with the allocation of national segments of the participating states. The conditions for the formation, financing, operation and use of the resources of this base are proposed to be determined by an open intergovernmental agreement of the Russian Federation. To overcome the negative impact of the monopolization of global markets for scientific results by a narrow circle of commercial organizations, the author proposes to adopt the Declaration, and then the UN Convention on the Protection and Use of Scientific Results (Science Convention).","PeriodicalId":88929,"journal":{"name":"Marquette intellectual property law review","volume":"38 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74640309","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}
Pub Date : 2021-07-01DOI: 10.18572/2072-4322-2021-2-15-18
A. I. Ponkratov
Purpose. The article highlights the problem of inconsistency with the requirements of today used in the FIPS digital data presentation formats when interacting with applicants and in internal office systems. A description of the factors that led to its occurrence is given. Methods. Based on the results of the analysis of the processing of applications, the composition of the components of applications and the list of types of information contained in them are formed. On its basis, the subject of research is determined — text, graphic, audio, video and mixed (text with embedded objects) types of formats. The following is a description of the national project “Digital Economy” with an emphasis on architecture, technical requirements and the tasks to be solved for processing documents. In accordance with it, assessment criteria are determined (pairs “domestic” — “foreign”, “free” — “proprietary”, “paid” — “free of charge”) and basic functional units (web components for publishing and software for viewing, editing and conversion). As a research method, a comparative analysis of the percentages of the above functional units for the selected digital formats is used. Results. Shows the overall percentages of objects found by web components for publishing and software for viewing, editing, and interconverting selected digital formats. For software, its classification is given. A final assessment is formed and a conclusion is made about the generally good prospects for using the found objects in the newly developed FIPS information systems. Discussion: the results obtained are complete and relevant, as they assess the prospects for the applicability of the digital formats that exist right now for representing intellectual property objects. In the future, due to the influence of the factors listed in the article, it is advisable to repeat the study with some frequency. Also, the results of this study can be recommended to applicants - to reduce financial costs for the purchase of software used in the preparation of applications.
{"title":"Prospects of Digitization in State Registration of Intellectual Property Items","authors":"A. I. Ponkratov","doi":"10.18572/2072-4322-2021-2-15-18","DOIUrl":"https://doi.org/10.18572/2072-4322-2021-2-15-18","url":null,"abstract":"Purpose. The article highlights the problem of inconsistency with the requirements of today used in the FIPS digital data presentation formats when interacting with applicants and in internal office systems. A description of the factors that led to its occurrence is given. Methods. Based on the results of the analysis of the processing of applications, the composition of the components of applications and the list of types of information contained in them are formed. On its basis, the subject of research is determined — text, graphic, audio, video and mixed (text with embedded objects) types of formats. The following is a description of the national project “Digital Economy” with an emphasis on architecture, technical requirements and the tasks to be solved for processing documents. In accordance with it, assessment criteria are determined (pairs “domestic” — “foreign”, “free” — “proprietary”, “paid” — “free of charge”) and basic functional units (web components for publishing and software for viewing, editing and conversion). As a research method, a comparative analysis of the percentages of the above functional units for the selected digital formats is used. Results. Shows the overall percentages of objects found by web components for publishing and software for viewing, editing, and interconverting selected digital formats. For software, its classification is given. A final assessment is formed and a conclusion is made about the generally good prospects for using the found objects in the newly developed FIPS information systems. Discussion: the results obtained are complete and relevant, as they assess the prospects for the applicability of the digital formats that exist right now for representing intellectual property objects. In the future, due to the influence of the factors listed in the article, it is advisable to repeat the study with some frequency. Also, the results of this study can be recommended to applicants - to reduce financial costs for the purchase of software used in the preparation of applications.","PeriodicalId":88929,"journal":{"name":"Marquette intellectual property law review","volume":"2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88910913","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}
Pub Date : 2021-07-01DOI: 10.18572/2072-4322-2021-2-41-44
O.A. Galustyan, A. G. Solomatina
In this article, taking into account the latest scientific achievements in the development of artificial neural networks, the problem concerning the process of obtaining knowledge by future law enforcement officers in the context of the transition to other previously unknown methods and forms of artificial intelligence implementation, including in the educational process, is identified. Based on the analysis of the epistemological essence of knowledge and asking questions: how and what should be taught to future lawyers, what knowledge and skills they will need in the future, the authors offer their own interactive educational methods for obtaining knowledge at a higher level. To solve the identified tasks and achieve the goal, using general scientific and private methods of cognition, the article analyzes the opinions of scientists who support the positive dynamics of education with the use of artificial intelligence technologies, and opponents of this concept. Based on the results of scientific research and their own pedagogical experience, the authors criticize the process of education in which it is proposed to maximize the use of artificial intelligence, replacing the teacher and teacher, since students receive information without using the capabilities and abilities of the human brain, ignoring many effective methods of cognition, which negatively affects the assimilation of information, obtaining new knowledge and developing independent skills. The authors defend the position that in the process of education, a synergy of artificial and natural intelligences is necessary, otherwise many of a person’s cognitive abilities may be lost. Based on the conducted research, it is concluded that in the era of modern times, completely different standards and principles of education are needed. And, despite all the effectiveness of using artificial intelligence technologies, the task of teachers, first of all, is to teach future law enforcement officers to develop their own intelligence, their personal cognitive abilities.
{"title":"Artificial Intelligence in the Future Law Enforcement Officers Training System","authors":"O.A. Galustyan, A. G. Solomatina","doi":"10.18572/2072-4322-2021-2-41-44","DOIUrl":"https://doi.org/10.18572/2072-4322-2021-2-41-44","url":null,"abstract":"In this article, taking into account the latest scientific achievements in the development of artificial neural networks, the problem concerning the process of obtaining knowledge by future law enforcement officers in the context of the transition to other previously unknown methods and forms of artificial intelligence implementation, including in the educational process, is identified. Based on the analysis of the epistemological essence of knowledge and asking questions: how and what should be taught to future lawyers, what knowledge and skills they will need in the future, the authors offer their own interactive educational methods for obtaining knowledge at a higher level. To solve the identified tasks and achieve the goal, using general scientific and private methods of cognition, the article analyzes the opinions of scientists who support the positive dynamics of education with the use of artificial intelligence technologies, and opponents of this concept. Based on the results of scientific research and their own pedagogical experience, the authors criticize the process of education in which it is proposed to maximize the use of artificial intelligence, replacing the teacher and teacher, since students receive information without using the capabilities and abilities of the human brain, ignoring many effective methods of cognition, which negatively affects the assimilation of information, obtaining new knowledge and developing independent skills. The authors defend the position that in the process of education, a synergy of artificial and natural intelligences is necessary, otherwise many of a person’s cognitive abilities may be lost. Based on the conducted research, it is concluded that in the era of modern times, completely different standards and principles of education are needed. And, despite all the effectiveness of using artificial intelligence technologies, the task of teachers, first of all, is to teach future law enforcement officers to develop their own intelligence, their personal cognitive abilities.","PeriodicalId":88929,"journal":{"name":"Marquette intellectual property law review","volume":"29 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74306479","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}
Pub Date : 2021-07-01DOI: 10.18572/2072-4322-2021-2-33-35
Yu. G. Vasin
Countering counterfeit products protects the health of consumers, improves the quality of life and the competitiveness of the national economy. The turnover of counterfeit products entails a decrease in customs and tax payments, the attractiveness of investments in production and sectors of the economy, interferes with the observance of quality standards, and the construction of an innovative technological economy. Digital techniques expand the possibilities of understanding the trends of the phenomenon under consideration, which is applicable when constructing planning documents. Mathematical modeling methods make it possible to construct appropriate forecasts. To build models, it is proposed to use the provisions of the theory of probability with an emphasis on ensuring the reliability of the results. The indicators of digital models built on the basis of statistical data will be stochastic in nature. This makes it possible to generate digital forecasts that are “calculated” and verified. The use of quantitative models developed by the exact sciences requires correct application when considering issues of social and legal phenomena in order to comply with methodological soundness. For this, the theoretical distribution laws developed by the theory of probability are used. Suggestions for the practical use of the proposed methods for solving counterfeit counterfeiting issues are presented. The main area of application of the proposed digital modeling approaches is the construction of normative forecasts for planning. The main parameters of such plans are quantified. This approach can be applied when drawing up interstate plans and development strategies.
{"title":"Digital Simulation of Counterfeit Combating: Opportunities and Prospects","authors":"Yu. G. Vasin","doi":"10.18572/2072-4322-2021-2-33-35","DOIUrl":"https://doi.org/10.18572/2072-4322-2021-2-33-35","url":null,"abstract":"Countering counterfeit products protects the health of consumers, improves the quality of life and the competitiveness of the national economy. The turnover of counterfeit products entails a decrease in customs and tax payments, the attractiveness of investments in production and sectors of the economy, interferes with the observance of quality standards, and the construction of an innovative technological economy. Digital techniques expand the possibilities of understanding the trends of the phenomenon under consideration, which is applicable when constructing planning documents. Mathematical modeling methods make it possible to construct appropriate forecasts. To build models, it is proposed to use the provisions of the theory of probability with an emphasis on ensuring the reliability of the results. The indicators of digital models built on the basis of statistical data will be stochastic in nature. This makes it possible to generate digital forecasts that are “calculated” and verified. The use of quantitative models developed by the exact sciences requires correct application when considering issues of social and legal phenomena in order to comply with methodological soundness. For this, the theoretical distribution laws developed by the theory of probability are used. Suggestions for the practical use of the proposed methods for solving counterfeit counterfeiting issues are presented. The main area of application of the proposed digital modeling approaches is the construction of normative forecasts for planning. The main parameters of such plans are quantified. This approach can be applied when drawing up interstate plans and development strategies.","PeriodicalId":88929,"journal":{"name":"Marquette intellectual property law review","volume":"29 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89618934","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}
Pub Date : 2021-07-01DOI: 10.18572/2072-4322-2021-2-19-22
L. Chaikovskaya
Relevance. Recently, intangible assets have become of particular importance for companies and become an essential information component of its reporting in its analysis. Against the background of a total digital transformation, digital assets are more and more entrenched in all spheres of public life, and the mechanisms for creating, using and protecting intellectual property are becoming especially relevant. Results. The article reveals the features of accounting for intangible assets and their reflection in corporate reporting. The attitude towards intellectual property in the context of digital transformation is considered, as a result of which the value of the company’s assets increases significantly, including due to cases of a better assessment of intellectual property. Today, intellectual property rights have become a leading economic resource. In turn, the digital transformation of the intellectual property sphere has affected to some extent such a specific class of intangible assets as cryptocurrency. In addition, the article discusses the importance of creating value based on intangible assets, which will have serious consequences for the management of the company in the future, and thus more attention will be paid to the formation of indicators in corporate reporting that reflect their real state. Methods. The research is based on complex and systemic analysis, general scientific methods of cognition — analysis and synthesis, dialectical method, systematization and classification, process and system approaches, as well as the comparison method. Discussion. A problematic issue is the reflection of intangible assets in accounting. This is due to the need for timely and proper execution of primary documents in strict compliance with the requirements of regulatory enactments. Difficulties arise when accepting individual objects for accounting, due to the fact that objects do not always meet the conditions for recognition.
{"title":"Accounting of Intangible Assets and Their Reflection in Corporate Reporting in Conditions of Digital Transformation","authors":"L. Chaikovskaya","doi":"10.18572/2072-4322-2021-2-19-22","DOIUrl":"https://doi.org/10.18572/2072-4322-2021-2-19-22","url":null,"abstract":"Relevance. Recently, intangible assets have become of particular importance for companies and become an essential information component of its reporting in its analysis. Against the background of a total digital transformation, digital assets are more and more entrenched in all spheres of public life, and the mechanisms for creating, using and protecting intellectual property are becoming especially relevant. Results. The article reveals the features of accounting for intangible assets and their reflection in corporate reporting. The attitude towards intellectual property in the context of digital transformation is considered, as a result of which the value of the company’s assets increases significantly, including due to cases of a better assessment of intellectual property. Today, intellectual property rights have become a leading economic resource. In turn, the digital transformation of the intellectual property sphere has affected to some extent such a specific class of intangible assets as cryptocurrency. In addition, the article discusses the importance of creating value based on intangible assets, which will have serious consequences for the management of the company in the future, and thus more attention will be paid to the formation of indicators in corporate reporting that reflect their real state. Methods. The research is based on complex and systemic analysis, general scientific methods of cognition — analysis and synthesis, dialectical method, systematization and classification, process and system approaches, as well as the comparison method. Discussion. A problematic issue is the reflection of intangible assets in accounting. This is due to the need for timely and proper execution of primary documents in strict compliance with the requirements of regulatory enactments. Difficulties arise when accepting individual objects for accounting, due to the fact that objects do not always meet the conditions for recognition.","PeriodicalId":88929,"journal":{"name":"Marquette intellectual property law review","volume":"55 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73520399","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}
Pub Date : 2021-07-01DOI: 10.18572/2072-4322-2021-2-28-32
T. T. Aliev
Purpose. Street art has exploded: it pervades our back alleys, surrounds us at bus-stops, covers billboards, competes with advertising and generally serves as urban wallpaper in most cities. But what is street art? A far cry from mere graffiti, street art has gained some social acceptance, but it remains neither officially sanctioned like public art, nor institutionally condoned, like its more traditional artistic cousins in museums. Somewhere in between these two extremes, street art has emerged, occupying a metaphysically suspect grey area between illegal activity and bona fide art. This paper explores the nature of this emerging art form. Methods. The basis of the presented research was the following methods: analysis, synthesis, system analysis, deductive method and the method of comparative law. Results. Street art in modern society is a fairly popular type of activity, but there is no legal regulation of this area directly. The question is raised about the need to improve the methods of protecting the rights of authors to modern works of art and, in particular, to street art. There is a need for regulatory legal regulation in the field of copyright protection in the field of street art. It is proposed to clarify the existing legal norms in the field of intellectual property law, and in particular in the category of copyright, or to fill in the gaps by using the general principles of civil law. The problems of the implementation of copyright on the works of street art are studied, a distinction is made between legal and illegal works of street art. Discussion. The issue of creating separate regulations governing street art is quite controversial today. Taking into account the popularization of this area every day more and more, this problem is becoming more acute, it is necessary to understand how street art figures protect their violated rights and legitimate interests
{"title":"Street-Art as a Work of Fine Art","authors":"T. T. Aliev","doi":"10.18572/2072-4322-2021-2-28-32","DOIUrl":"https://doi.org/10.18572/2072-4322-2021-2-28-32","url":null,"abstract":"Purpose. Street art has exploded: it pervades our back alleys, surrounds us at bus-stops, covers billboards, competes with advertising and generally serves as urban wallpaper in most cities. But what is street art? A far cry from mere graffiti, street art has gained some social acceptance, but it remains neither officially sanctioned like public art, nor institutionally condoned, like its more traditional artistic cousins in museums. Somewhere in between these two extremes, street art has emerged, occupying a metaphysically suspect grey area between illegal activity and bona fide art. This paper explores the nature of this emerging art form. Methods. The basis of the presented research was the following methods: analysis, synthesis, system analysis, deductive method and the method of comparative law. Results. Street art in modern society is a fairly popular type of activity, but there is no legal regulation of this area directly. The question is raised about the need to improve the methods of protecting the rights of authors to modern works of art and, in particular, to street art. There is a need for regulatory legal regulation in the field of copyright protection in the field of street art. It is proposed to clarify the existing legal norms in the field of intellectual property law, and in particular in the category of copyright, or to fill in the gaps by using the general principles of civil law. The problems of the implementation of copyright on the works of street art are studied, a distinction is made between legal and illegal works of street art. Discussion. The issue of creating separate regulations governing street art is quite controversial today. Taking into account the popularization of this area every day more and more, this problem is becoming more acute, it is necessary to understand how street art figures protect their violated rights and legitimate interests","PeriodicalId":88929,"journal":{"name":"Marquette intellectual property law review","volume":"73 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84436945","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}
Pub Date : 2021-07-01DOI: 10.18572/2072-4322-2021-2-9-14
A. Kovriga
Relevance. The rapid expansion of the space of action of the relations of the «knowledge economy», the institution of intellectual property (IP) is enhanced by «digitalization», the whole economic architecture of the world is changing. The high dynamics and complexity of changes in economic systems and the world order, «knowledge circulation », complicate effective adaptation and constructive participation in these processes. The world is faced with the need to assess the cultural, historical and strategic consequences of all the effects of the institutionalization of IP relations. Methods. The article uses a systemic, cultural and historical analysis, based on global political economy and historical («old») institutionalism. The initial formulation of questions in this area should be of a qualitative, conceptual nature. This article uses this approach, but relying on available statistics and the possibility of a qualitative comparison of the consequences of the institutionalization of IP rights. Results. The contours of the institutionalization process, the introduction of IP relations into the global political and economic turnover, its main groups of interests and beneficiaries are considered. Qualified consequences for the economic architecture of the world and the redistribution of «world knowledge». The role of the Agreement on IP Regimes (TRIPS) in the formation of intellectual-monopoly capitalism has been determined. The effects generated by the regime of «closed science» and «closed markets» are highlighted. The mechanism of making a profit based on IP rights is considered. Signified of the importance of the advanced development of the ability to use the appropriate institutions, adequate to features of historical Russia’s cultural ecumene and civilizational characteristics of the peoples of Eurasia, and the need for a strategic transformation of personnel training systems. Discussion. The change in the economic architecture of the world and the unforeseen effects of the redistribution of «world knowledge» as a result of formation of intellectual-monopoly capitalism is an indisputable historical fact. Its consequences for the future of humanity have not been studied, uncertainty and risks are growing. It requires its awareness, consideration of the cultural and historical significance of the effects, requires the involvement of researchers from various subjects and civilizational perspectives.
{"title":"Intellectual Property Institution in the Cultural-Historical and Strategic Mode","authors":"A. Kovriga","doi":"10.18572/2072-4322-2021-2-9-14","DOIUrl":"https://doi.org/10.18572/2072-4322-2021-2-9-14","url":null,"abstract":"Relevance. The rapid expansion of the space of action of the relations of the «knowledge economy», the institution of intellectual property (IP) is enhanced by «digitalization», the whole economic architecture of the world is changing. The high dynamics and complexity of changes in economic systems and the world order, «knowledge circulation », complicate effective adaptation and constructive participation in these processes. The world is faced with the need to assess the cultural, historical and strategic consequences of all the effects of the institutionalization of IP relations. Methods. The article uses a systemic, cultural and historical analysis, based on global political economy and historical («old») institutionalism. The initial formulation of questions in this area should be of a qualitative, conceptual nature. This article uses this approach, but relying on available statistics and the possibility of a qualitative comparison of the consequences of the institutionalization of IP rights. Results. The contours of the institutionalization process, the introduction of IP relations into the global political and economic turnover, its main groups of interests and beneficiaries are considered. Qualified consequences for the economic architecture of the world and the redistribution of «world knowledge». The role of the Agreement on IP Regimes (TRIPS) in the formation of intellectual-monopoly capitalism has been determined. The effects generated by the regime of «closed science» and «closed markets» are highlighted. The mechanism of making a profit based on IP rights is considered. Signified of the importance of the advanced development of the ability to use the appropriate institutions, adequate to features of historical Russia’s cultural ecumene and civilizational characteristics of the peoples of Eurasia, and the need for a strategic transformation of personnel training systems. Discussion. The change in the economic architecture of the world and the unforeseen effects of the redistribution of «world knowledge» as a result of formation of intellectual-monopoly capitalism is an indisputable historical fact. Its consequences for the future of humanity have not been studied, uncertainty and risks are growing. It requires its awareness, consideration of the cultural and historical significance of the effects, requires the involvement of researchers from various subjects and civilizational perspectives.","PeriodicalId":88929,"journal":{"name":"Marquette intellectual property law review","volume":"19 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72683172","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}
Pub Date : 2021-07-01DOI: 10.18572/2072-4322-2021-2-45-47
I.V. Korzhova
The article deals with intellectual property issues related to the introduction of innovative technologies into games. The author concludes that the impact of a particular technology on the game is predominantly individual and requires independent study in relation to the field of intellectual rights. As private conclusions confirming this thesis, the article substantiates: 1) the specificity of the legal nature of in-game property in crypto games; 2) the peculiarities of the impact of virtual, augmented reality technologies (hereinafter — VR, AR-technologies or VR, AR) on the legal regime of content created by players, as well as the peculiarities of using trademarks in a virtual environment; 3) the need to develop innovative contractual models related to the regulation of intellectual rights between participants in the gaming industry; 4) the importance of ensuring certainty in the rights of subjects of the gaming industry, including when deciding who will own the rights to content created jointly by the player and gaming artificial intelligence, as well as when deciding whether to grant the player exclusive rights to the content created by him in games with VR, AR elements
{"title":"Intellectual Property Issues in Video Games","authors":"I.V. Korzhova","doi":"10.18572/2072-4322-2021-2-45-47","DOIUrl":"https://doi.org/10.18572/2072-4322-2021-2-45-47","url":null,"abstract":"The article deals with intellectual property issues related to the introduction of innovative technologies into games. The author concludes that the impact of a particular technology on the game is predominantly individual and requires independent study in relation to the field of intellectual rights. As private conclusions confirming this thesis, the article substantiates: 1) the specificity of the legal nature of in-game property in crypto games; 2) the peculiarities of the impact of virtual, augmented reality technologies (hereinafter — VR, AR-technologies or VR, AR) on the legal regime of content created by players, as well as the peculiarities of using trademarks in a virtual environment; 3) the need to develop innovative contractual models related to the regulation of intellectual rights between participants in the gaming industry; 4) the importance of ensuring certainty in the rights of subjects of the gaming industry, including when deciding who will own the rights to content created jointly by the player and gaming artificial intelligence, as well as when deciding whether to grant the player exclusive rights to the content created by him in games with VR, AR elements","PeriodicalId":88929,"journal":{"name":"Marquette intellectual property law review","volume":"42 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76645401","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}
Pub Date : 2021-07-01DOI: 10.18572/2072-4322-2021-2-23-27
N. V. Allamyarova
Legislation in the field of e-health, adopted in 2017, opens up fundamentally new opportunities in the development of medical care using telemedicine technologies. The article provides an analysis of regulatory legal documents that establish the legal framework for the provision of medical care using telemedicine technologies. An assessment is given of the current state of the legal regulation of telemedicine in Russia. The main legal risks are identified in the practical implementation of telemedicine technologies, including the risks of identifying participants in telemedicine consultations. The procedure for transferring and entering information into the federal register of electronic medical documents and the integrated electronic medical record is not defined. The legal and organizational problems in regulating the interactions of medical organizations with the unified state health information system and other information systems are identified. The law on telemedicine requires adjustment and refinement of existing regulatory legal acts, procedures, standards for the provision of medical care with detailed regulation of tools and situations of their application. For the further development of digital health care, in particular telemedicine, electronic document management, electronic prescriptions and a unified state health information system, it is necessary to develop comprehensive rules for all telemedicine service providers. Due to the current situation in healthcare, now is the perfect time to create telemedicine technologies and other e-health products that will help in solving public health problems.
{"title":"Telemedicine: The Status and Development Prospects","authors":"N. V. Allamyarova","doi":"10.18572/2072-4322-2021-2-23-27","DOIUrl":"https://doi.org/10.18572/2072-4322-2021-2-23-27","url":null,"abstract":"Legislation in the field of e-health, adopted in 2017, opens up fundamentally new opportunities in the development of medical care using telemedicine technologies. The article provides an analysis of regulatory legal documents that establish the legal framework for the provision of medical care using telemedicine technologies. An assessment is given of the current state of the legal regulation of telemedicine in Russia. The main legal risks are identified in the practical implementation of telemedicine technologies, including the risks of identifying participants in telemedicine consultations. The procedure for transferring and entering information into the federal register of electronic medical documents and the integrated electronic medical record is not defined. The legal and organizational problems in regulating the interactions of medical organizations with the unified state health information system and other information systems are identified. The law on telemedicine requires adjustment and refinement of existing regulatory legal acts, procedures, standards for the provision of medical care with detailed regulation of tools and situations of their application. For the further development of digital health care, in particular telemedicine, electronic document management, electronic prescriptions and a unified state health information system, it is necessary to develop comprehensive rules for all telemedicine service providers. Due to the current situation in healthcare, now is the perfect time to create telemedicine technologies and other e-health products that will help in solving public health problems.","PeriodicalId":88929,"journal":{"name":"Marquette intellectual property law review","volume":"53 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89139405","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}
Pub Date : 2021-06-24DOI: 10.1093/he/9780192844309.003.0001
M. Richards
Property Law and Practice (PLP) covers all aspects of the process that is otherwise called conveyancing. It is how practitioners arrange the transmission of property ownership from seller to buyer. This introductory chapter provides an overview of PLP. Specifically, it explains the three foundations upon which PLP rests: land law, contract law, and trusts.
{"title":"1. Introduction","authors":"M. Richards","doi":"10.1093/he/9780192844309.003.0001","DOIUrl":"https://doi.org/10.1093/he/9780192844309.003.0001","url":null,"abstract":"Property Law and Practice (PLP) covers all aspects of the process that is otherwise called conveyancing. It is how practitioners arrange the transmission of property ownership from seller to buyer. This introductory chapter provides an overview of PLP. Specifically, it explains the three foundations upon which PLP rests: land law, contract law, and trusts.","PeriodicalId":88929,"journal":{"name":"Marquette intellectual property law review","volume":"26 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73541891","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}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：