Journal articles: 'Intellectual property – Law and legislation – European Union countries'

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KHRIDOCHKIN, Andriy. "Features of legal support of public administration procedures in the field of intellectual property in the countries of the European Union." Scientific Bulletin of Flight Academy. Section: Economics, Management and Law 6 (2022): 131–37. http://dx.doi.org/10.33251/2707-8620-2022-6-131-137.

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Abstract. The article deals with the peculiarities of public administration in the field of intellectual property and the conceptual foundations of its procedures in the countries of the European Union. The conceptual foundations of the formation and development of public administration procedures in the field of intellectual property in the countries of the European Union are revealed. The pluralism of approaches to determining public administration procedures in the field of intellectual property in the European Union countries is analyzed. The legal framework of public administration procedures in the field of intellectual property in the countries of the European Union is presented. A modern analysis of the legislation of the European Union for the Protection of Intellectual Property Rights, including: copyright and related rights; protection of rights to inventions; utility models; industrial designs; brands; geographical indications; branded names; plant varieties; layout of semiconductor products; commercial secrecy; as well as legislation on civil law and customs ways to protect intellectual property rights in the European Union, the practice of application. It is established that in the national legal systems of European countries the regulation of public relations in the field of intellectual property is given considerable attention. At the same time, neither universal international treaties nor national legal regulation in the field of intellectual property can ensure the effectiveness of legal protection of the results of intellectual creative activity. The acts of the European Communities on Public Administration in the field of intellectual property are analyzed. The process of improving public administration procedures in the field of intellectual property in the countries of the European Union is analyzed and the legal framework of this process is presented. The conclusion was made on the relevance of the study of problems of public administration in the field of intellectual property in the countries of the European Union. Key words: European Union, Intellectual Property, Intellectual Property Right, Procedure, Public Administration, Community Court, European Communities, Intellectual Property Sphere.

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Marković, Slobodan. "Položaj Srbije u globalnoj i evropskoj harmonizaciji prava intelektualne svojine." Pravo i privreda 60, no. 3 (August 15, 2022): 425–46. http://dx.doi.org/10.55836/pip_22301a.

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The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) from 1994 triggered the process of transplantation of a neoliberal model of intellectual property protection from Western highly industrialized countries to the rest of the world, including the least developed countries. Because of its political aspirations, Serbia has the obligation to implement TRIPS and the law of the European Union. Consequently, the legal profession in Serbia is currently preoccupied with harmonization, and not with the creation of norms that are in the function of the country's development interests. Thus, the criterion for assessing the quality of regulations has become their compliance with EU law, and not their correspondence with the need for national development and well-being. With several examples of transplants of intellectual property law from the EU, the author illustrates two contradictory phenomena that characterise this process. Firstly, narrowing the space for the national legislator to adopt a norm that would correspond much better to the current national need. Secondly, leap forward of the domestic legislation on the basis of indisputable values of the European economic and cultural world.

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Kovalenko, I. "Some types of works posted on the internet, and the peculiarities of their protection by Ukrainian copyright compared to US law." Uzhhorod National University Herald. Series: Law, no. 70 (June 18, 2022): 181–85. http://dx.doi.org/10.24144/2307-3322.2022.70.26.

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The article deals with the peculiarities of protection against plagiarism of works posted on the Internet and the peculiarities of their protection by Ukrainian copyright compared with US legislation. The ratio of features of the computer program as an object of copyright protection is analyzed. After all, the program derived from the algorithm and is in a sense, its equivalent. This means that some basic features of algorithms are inherent in programs. The program can also be considered as a means of implementing an algorithm, and as such, characterized by certain distinct features from which for the purposes of the program research as an object of copyright protection can be distinguished: unlike the algorithm, which is a sequence of logical-mathematical Transformation operations, the program contains a sequence of commands that describe the process of implementing an algorithm and provide control of this process. The objective form of expression of the program is its recording formalized language of simultaneous computers. It is determined that the protection of computer programs by copyright norms, is a great theoretical and practical curiosity as the simplest and economical. The jurisdictional and non-legal forms of protection of patent law are characterized, the main ways of protecting intellectual property rights are clarified. The emphasis on the judicial prohibition as a way of protecting intellectual property rights is analyzed by the international index of property rights, in particular the level of protection of intellectual property rights in Ukraine and in the United States. The fact of a low indicator of protection of intellectual property rights in our country is established compared to European countries. The main issues of protection of intellectual property rights in Ukraine are highlighted. It is emphasized the need to adapt national legislation to the legal system of the European Union. There are a number of international treaties regulating intellectual property relations at the international level. The European integration course of Ukraine indicates its desire to adapt their legal system to European standards, and therefore, concluding an Association Agreement with the EU, Ukraine has undertaken to harmonize its intellectual property legislation with European legislation. The provisions of a number of European legal acts regulating the issue of protecting intellectual property rights are given. Problems of collecting evidence base for violation of intellectual property rights remains open issues as a national judicial practice on this issue. It is necessary to create a specialized judiciary that would consider cases of violation of intellectual property rights, including on the Internet. It is necessary to enhance legal responsibility for violations in the field of intellectual property, in particular regarding the distribution of pirate products.

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Nievienhlovskyi, Adrian. "Artificial intelligence from the perspective of polish intellectual property law. Selected issues." Theory and Practice of Intellectual Property, no. 5 (December 29, 2022): 93–102. http://dx.doi.org/10.33731/52022.270901.

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Keywords: artificial intelligence, intellectual property law, copyright, industrialproperty law, computer programs In Poland, as in other countries, there is an ongoing discussion on legal issues related to artificial intelligence. Formany people, there is no doubt that this intelligence should be protected. The problem rather narrows down to what conditions must be met for this protection. Some Polish scientists want to wait for solutions to be developed in the European Union.Poland, as a member state of the European Union, must respect the regulations emerging at the EU level. These regulations are only being planned. There is a certain risk in introducing new regulations in Poland without waiting for EU solutions.It could turn out that the laws adopted by Poland would be incompatible, not in compliance with European law.On the other hand, the software producers' communities are pushing for the introductionof relevant legislation now. They claim that this is needed to protect the funds that are being invested in artificial intelligence in Poland. In their view, without proper legislation, investors will reduce financial support for the developmentof artificial intelligence. In fact, however, the computer manufacturers' communityis not at all concerned with protecting 'mere' artificial intelligence. It is protected in Poland and can be provided by copyright law in particular. The most important issue in Poland already relates to the protection of creations generatedby artificial intelligence. This is in fact what the computer software development community and beyond cares most about.However, the protection of creations of artificial intelligence is not only about benefits, but also about threats. This will be discussed further in the article. Some lawyers are considering how to interpret the existing legislation so that the protectionof artificial intelligence creations is already possible. They want to use existing theoretical constructs to justify this protection.

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Barskyy, V. R., and D. Yu Dvornichenko. "HARMONIZATION OF UKRAINIAN AND EUROPEAN UNION LEGISLATION ON THE PROTECTION OF THE RIGHTS TO GEOGRAPHICAL INDICATIONS: BACKGROUND, SITUATION AND PROSPECTS." Constitutional State, no. 42 (July 7, 2021): 115–24. http://dx.doi.org/10.18524/2411-2054.2021.42.232407.

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The article is devoted to the issue of harmonization of the legislation of Ukraine and the European Union on geographical indications. The study of the influence of the European experience in the field of protection of geographical indications is explained by the systemic reform of this institution in Ukraine. The protection of geographical indications is becoming increasingly important in the context of a gradual increase in trade between Ukraine and the European Union. Based on the analysis of the correlation of the EU law with the legislation of its member-states in the field of protection of geographical indications, a forecast of the development of this legal field in Ukraine is provided and the current tasks related to its revision and development are determined. The system of protection of geographical indications of the European Union is constantly adapted to the needs of the market. Current trends in its development include the gradual merging of the sovereignty of member states in the field of intellectual property protection, which in the long run may lead to the disappearance of relevant areas of national legislation of individual countries. Therefore, Ukraine must adapt to this trend as soon as possible at the legislative level. The ratio of sources of national legislation of Ukraine and acts of the European Union indicates that the latter significantly affect the development and functioning of the relevant legal field of Ukraine. Firstly, the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand, is an element of the national legal system and can be directly applied to the relevant legal relationship. Secondly, the acts of the European Union on the protection of geographical values determine the directions and parameters of the development of national legislation of Ukraine in the relevant field. In particular, the harmonization of the legislation of Ukraine to the European Union standards on geographical indications has led to amendments to the Civil Code, Economic Code and the adoption of a new version of the law “On legal protection of geographical indications”.

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Berdnik, I. V. "INTERNATIONAL PRINCIPLES OF CRIMINAL AND LEGAL PROTECTION OF INTELLECTUAL PROPERTY OBJECTS." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2022, no. 1 (September 2, 2022): 7–17. http://dx.doi.org/10.32755/sjcriminal.2022.01.007.

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The article is devoted to issues of international legal principles in the field of implementation and protection of intellectual property objects in the aspect of influence on the processes of law enforcement and law-making in the field of criminal law of domestic legal systems. It is determined that the following are important for the criminal protection of intellectual property rights: the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), the Convention on Cybercrime, the Paris Convention for the Protection of Industrial Property, the Berne Convention for the Protection of Literary and Artistic Works, the Hague Agreement Concerning the International Registration of Industrial Designs, the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration to them, and others. The relevance of this issue is due to the fact that, taking into account the processes of globalization of the world economy, as well as the process of integration of the legal systems of the countries of the world, the study of the international principles of criminal and legal protection of intellectual property is of great importance at the current stage of Ukraine’s development. The author determines that the concept of “intellectual property” should be understood as a type of property as a generic concept. Based on the analysis of the norms of international acts on the criminal protection of intellectual property rights, a number of problems have been identified that must be resolved in legislation, as well as legal science and practice. These problems include: 1) the problem of determining in which sections of the criminal codes the norms establishing criminal liability for infringement of intellectual property rights should be located. It is proposed to combine the norms establishing criminal liability for infringement of intellectual property rights into one section “Criminal offenses against intellectual property” in the Criminal Code of Ukraine; 2) the problem of determining which objects of intellectual property should be protected by the norms of criminal law. Key words: criminal liability, intellectual property, criminal legal protection, World Intellectual Property Organization, European Union.

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Ivanenko, Dmytro, and Nataliia Hlushchenko. "LEGAL ASPECTS OF INTELLECTUAL PROPERTY IMPACT ON AVAILABILITY OF MEDICINES IN UKRAINE." Law Journal of Donbass 76, no. 3 (2021): 39–44. http://dx.doi.org/10.32366/2523-4269-2021-76-3-39-44.

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The right of a person to access medicines is derived from the right to health. At the time of the establishment of fundamental human rights, the issue of lack of access to medical supplies was not considered a violation of human rights. The spread of pandemics has led to the gradual recognition of the right of access to medicines. The TRIPS agreement fundamentally reformatted the discussion on access to medicines. Prior to the TRIPS Agreement, states had considerable independence in the formation and implementation of state policy in the field of intellectual property. TRIPS obliges countries to provide pharmaceutical patents. The growing influence of the international patent system has aroused widespread interest and concern about the impact on access to medicines. The Doha Declaration on the TRIPS Agreement defines the importance of the implementation and interpretation of the Agreement in the most favorable way for the protection of public health by making available to the public existing medicines and creating conditions for the production of new ones. Ukraine is on the way to creating its own legislation in the field of intellectual property. Art. 219 of the Association Agreement between Ukraine and the European Union contains provisions according to which the parties recognize the importance of the Declaration on the TRIPS Agreement in the field of health care. Positive changes in the field of intellectual property include the provisions of the Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine on the Reform of Patent Legislation» № 816-IX as of 21.07.2020. This law limited the range of objects to be patented. The implementation of these legislative changes is impossible without a proper methodology for the examination of novelty. Reforming the national system of intellectual property protection has created good preconditions for the formation of a civilized pharmaceutical market in Ukraine. Among the areas of legislation in Ukraine, there is an urgent need to form an institution of compulsory licensing. A separate area is the introduction of the pre-grant and post-grant procedures of the opposition. An important area of legislative work is the formation of a favorable domestic policy for innovation and invention in the field of medicine and biotechnology.

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Oluwasemilore, Ifeoma Ann. "Nigerian intellectual property protection for small and medium-sized enterprise (SME) fashion designers in the digital economy." South African Intellectual Property Law Journal 10, no. 1 (2022): 38–65. http://dx.doi.org/10.47348/saipl/v10/a3.

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Nigerian fashion entrepreneurs are finding the market increasingly appealing due to the growing viability of small and medium-size enterprises (SMEs) in the fashion industry, particularly online retail fashion stores, and the easy accessibility of the Internet and digital media. However, with intellectual capital being the hallmark of the fashion industry, the nearly constant violation of intellectual property (IP) rights is a threat to the fashion sector’s continued existence and profitability in Nigeria. Fashion businesses are thwarted by an antiquated IP regime and the conflicting decisions of the courts on infringement cases which continue to frustrate the marketing of fashion brands on social media. This study used a descriptive and analytical approach, relying on both primary and secondary data, to analyse and assess the laws available for the protection of fashion designers’ intellectual works. The study also considers the various developments in fashion IP protection in more advanced countries, such as the United States and in the European Union, and makes practical recommendations to support the growth of IP law, fashion legislation and the Nigerian fashion industry in the digital economy.

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Pasechnyk, Olena. "INTERNATIONAL ASPECTS OF INTELLECTUAL PROPERTY RIGHTS PROTECTION." Baltic Journal of Economic Studies 8, no. 5 (December 30, 2022): 146–57. http://dx.doi.org/10.30525/2256-0742/2022-8-5-146-157.

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The article is devoted to the study of the main aspects of international protection of intellectual rights. The authors consider a number of international conventions and treaties, as well as the main provisions of cooperation between WIPO and the WTO under the Agreement on Trade-Related Aspects of Intellectual Property Rights. International treaties form a network that serves all member states, depriving them of the opportunity to act arbitrarily, at their discretion. They establish common norms and standards of IP protection, deviation from which is punishable by sanctions. By signing such treaties, states agree to partially abandon their own IP laws and follow the path of convergence with the laws of other countries. Such agreements exist for almost all categories of IP. The international system of public administration procedures in the field of intellectual property today is based on two conventions concluded in the late XIX century: Paris Convention for the Protection of Industrial Property of 20 March 1883 (Paris Convention) and the Berne Convention for the Protection of Literary and Artistic Works of 9 September 1886 (Berne Convention). These two Conventions played a fundamental role in the subsequent development of legal institutions. In the modern world, a certain system of international legal regulation of related rights has already developed, which directly affects the European related law, since, in particular, the norms of international law form the basis of the legal system of the European Union, and form international, including European, standards of intellectual property rights, including copyright and related rights. The main institutions dealing with IP protection on a global scale are the World Intellectual Property Organization (WIPO), the World Trade Organization (WTO) and the United Nations Educational, Scientific and Cultural Organization (UNESCO). All member states of the European Union, as well as the European Community are members of the WTO organization, which has gained great importance in the field of intellectual property in connection with the adoption of the TRIPS Agreement. The reason that prompted states to choose a forum other than WIPO to negotiate this agreement was the growing dissatisfaction with the existing contrast between the precision, elegance, even sophistication of the treaty documents that were negotiated at WIPO and the inadequacy of the means to ensure the practical implementation and uniform interpretation of these treaties in different countries. The TRIPS Agreement addresses five important issues: the principles of the trade system and international agreements on intellectual property, the minimum level of protection of intellectual property rights, measures to enforce these rules, the procedure for resolving disputes in the field of intellectual property, as well as transitional measures during the implementation of the systems. Ukraine is a party to more than 50 multilateral and bilateral international treaties on intellectual property. Therefore, it is advisable to determine the role of international standards in the system of intellectual property rights protection as integral components of the national legal system in Ukraine. This has become especially important since 24.02.2022 due to the outbreak of a full-scale war on the territory of Ukraine. The occupation of the territory of Ukraine by Russian invaders and the theft of industrial infrastructure, cultural heritage, art objects, which are also objects of intellectual property. Absolutization of copyright and related rights protection does not automatically mean bringing such protection to international standards. Recently, in Europe and the United States there has been an understanding of the need to find a consensus between the interests of copyright and related rights holders and the interests of society for access to cultural heritage. It is necessary to amend the legislation of Ukraine in order to harmonize the interests of copyright and related rights holders and the interests of society for access to cultural heritage, in the context of introducing only the minimum requirements of international legal acts for the protection of copyright and related rights and simplifying access to copyright and related rights.

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Kosovych, V. "Evaluation concepts in the draft Law of Ukraine on Copyright and Related Rights: the- oretical and practical analysis." Uzhhorod National University Herald. Series: Law, no. 68 (March 24, 2022): 52–57. http://dx.doi.org/10.24144/2307-3322.2021.68.9.

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The article is devoted to the analysis of the draft Law of Ukraine on Copyright and Related Rights registration number 5552-4 dated 09.06.2021 (hereinafter the Draft) for the use of evaluation concepts as a language tool of rule-drafting technique. The definition of evaluation concept is given. It is stated that the use of evaluation concepts is not only a property of domestic law, but also legislation of other countries. Attention is drawn to the fact that their introduction into the texts of legislative acts is objectively inevitable, provides individualization of legal regulation and the fullest protection of the rights and interests of the subject of law, but creates conditions for possible subjective law enforcement discretion. Therefore, the quality of the Draft is determined by the proper use of evaluation concepts. The list of evaluation concepts used in the text of the Draft is defined. The latter are compared with the corresponding concepts used in the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand (Chapter 9 «Intellectual Property») and Section 1 «Copyright and Related Rights» of Part 2 of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights. The conclusion is made that there is a certain correspondence and obvious regularity of the use of evaluation concepts both in the Draft and the mentioned legal acts. Many of these concepts are completely or partially duplicated, such as the «fair reward» and «normal use». In order to promote the proper use of evaluation concepts in the text of the Draft by its designers a list of prerequisites for their introduction into the developed regulations is proposed. It is noted that the presence of evaluation concepts in the text of normative legal acts necessitates the observance of certain rules of interpretation and application of evaluation norms. A systematic list of such rules, which in the long run will contribute to the effective use of future law to ensure the rights of intellectual property holders, is proposed.

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Kapitsa, Yurii. "Modern trends in the development of protection of intellectual property in the European Union in the context of the integration of Ukraine and the EU." Theory and Practice of Intellectual Property, no. 5 (December 29, 2022): 5–17. http://dx.doi.org/10.33731/52022.270779.

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Keywords: protection of intellectual property rights, European Union, integrationof Ukraine and the EU, enforcement of intellectual property, copyright protection The modern development of EU intellectual property law in2017-2022 is studied. The active role of the European Commission in analysing the effectivenessof EU acts and determining plans for the development of the sphere of intellectualproperty in the EU is noted. Attention is drawn to the expediency of usingEuropean Commission documents within the framework of the integration of Ukraineand the EU regarding IP (IP action plan, COM/2020/760 final; IP enforcement system,COM(2017) 707 final; guidance on Directive 2004/48 /EC, COM(2017) 708 final,standard essential patents», COM(2017) 712 final etc; evaluation of design designsprotection, 2020; system of supplementary protection certificate, 2020; geographicalindications protection, 2020 etc.The essential importance of the DSM Directive (EU) 2019/790 with introduction ofa sustainable system of payment the fair remuneration to authors and performers aswell revocation mechanism regarding licence or the transfer of rights where there is alack of exploitation of that work, and the relevance of the implementation of theseprovisions in the legislation of Ukraine are emphasized.It is relevant to take into account the Guidance of the Commission on Directive2004/48/EC, in particular, that the right holder could demand that the damages set asa lump sum are calculated not only because of the single amount of that hypotheticalroyalty/fee, but also based on other appropriate aspects. Regarding Commission evaluationof the Regulations (EC) No. 469/2009 and No. 1610/96 concerning the supplementaryprotection certificate for medicinal products and plant protection products, itis relevant to take into consideration in the legislation of Ukraine not only the provisionsof the specified regulations, but also the decisions of the ECJ on the interpretationof the specified acts. Regarding geographical indication protection for craft and industrial products inthe EU-registration of GI for non-agricultural products is possible in Ukraine. However,the activities of the ministries need to be particularly strengthened, consideringthe experience of Poland, Moldova and other countries that envisage support fromgovernment authorities for the identification of promising geographical indications,assistance in creating associations of individuals to submit GI applications and in thepreparation of applications, as well as stimulating activities for the protection of GI.The relevance of the adoption in Ukraine of the Strategy for the Development ofthe Intellectual Property Sphere in Ukraine, which was developed in cooperation withWIPO back in 2019 and contains European oriented guidelines for the development ofthe sphere of intellectual property in Ukraine, is noted.

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Kelli, Aleksei, and Thomas Hoffmann. "The Abstraction Principle: A Pillar of the Future Estonian Intellectual Property Law?" European Review of Private Law 21, Issue 3 (May 1, 2013): 823–42. http://dx.doi.org/10.54648/erpl2013044.

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Abstract: Intellectual property law is being reformed in various countries worldwide, among which in the European Union at present Estonia endeavours one of the most comprehensive reform projects. While legislative challenges deriving from the 'digitalization' of social interaction, globalization, and general technical progress are widely discussed in public, some of the most essential purely legal questions to be answered while drafting Estonia's new Intellectual Property Law codification would usually stay within the small circle of the working group. The question in how far the abstraction principle - one of the core principles of both Estonian and German laws - shall be applied within the new codification is one of these issues that are of interest not only to Estonian working group members and Estonian/German legal research but also to scholars of European Private Law in general, as the central task - determining the demand for protection of author's economic rights - at present is not comprehensively regulated in any European Intellectual Property Law system. After having elucidated the current German and Estonian approaches in both written law and legal practice, this paper provides a proposal for the Estonian codification procedure that may serve as model for running Intellectual Property Law reforms in other European countries as well. Résumé: Le droit de la propriété intellectuelle est en cours de réforme dans différents pays autour du monde, parmi lesquels dans l'Union européenne à l'heure actuelle l'Estonie s'efforce l'un des projets de réforme les plus complets. Même si les questions législatives résultant de l'usage de l'internet, la mondialisation et le progrès technique général sont largement discutés en public, quelques-unes des questions les plus essentielles purement juridiques à répondre lors de la rédaction législative estonienne habituellement restant dans le petit cercle du groupe de travail au ministère. La question dans quelle mesure le principe d'abstraction - l'un des principes fondamentaux du droit estonien et allemand - doit être appliqué dans le cadre de la nouvelle codification est l'une de ces questions qui présentent un intérêt non seulement pour les membres du groupe de travail estonien et le monde scolaire estonien-allemand, mais aussi aux chercheurs de droit privé européen en général, comme la question centrale - la détermination de la demande de protection des droits économiques de l'auteur - à l'heure actuelle n'est pas réglementée de manière détaillée à ne aucun système européen de droit de la propriété intellectuelle. Après avoir élucidé l'approche actuelle allemande et estonienne par la loi et la pratique juridique, cet article-ci fournit une proposition à la procédure législative estonienne, qui peut servir comme modèle pour l'exécution de réformes du droit de la propriété intellectuelle dans autres pays européens ainsi.

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Osmanaj (Shyti), Enejda. "Copyright Protection in Albania – A Brief Historical Overview." European Journal of Social Sciences Education and Research 3, no. 1 (April 30, 2015): 8. http://dx.doi.org/10.26417/ejser.v3i1.p8-17.

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Human creativity flourishes in a suitable environment, which is provided by the existence of an efficient legal system of copyright protection. In general, copyright is protected on national basis therefore the scope of protection and the requirements that must be met to ensure the protection of works and creations, differ from one country to another. Albania has its own legislation for copyright protection, as most of European countries. This paper is a historical overview of copyright legislation development in Albania. History has undeniable impact in a country's legislation. So, Albanian copyright legislation has been changed and improved from stages to stages. Copyright has found protection in Albania’s legislation, initially during the time of King Zog’s Ist (1925-1939) Reign. The Civil Code (1929) marks the first strands of copyright protection in Albania. This Code is referred to the best European legislations of the time. During the communist regime private intellectual creations and works could not be privately owned. The copyright belonged to the state. The government and the totalitarian Albanian state of that time decided to reproduce the work, or allow translation into foreign languages as well as the creation of derivative works. The Civil Code of the Republic of Albania (1981) came into force with new provisions that provided recognition and protection of copyright. After the collapse of the communism the recognition of private property was re-appeared. The authors and creators became owners of their works/performances. Firstly, Albanian Parliament adopted the law no. 7564, dated 19.05.1992 “On copyright”. Thirteen years later, the parliament enacted the Law no. 9380, dated 28.04.2005 “On copyright and other rights related to” that incorporated the provisions of the European Union Directives on Copyright Protection. Currently, the protection of copyright is provided even through some provisions of other legal acts, such as: Constitution of the Republic of Albania (1998), law no.7961/1995 “On the Labor Code of the Republic of Albania” (amended), Law no. 7895 /1995 “Criminal Code of the Republic of Albania” (amended), Law no. 7859 /1994 “On the Civil Code of the Republic of Albania” (amended) etc. In addition to the national legislation, Albania has ratified a number of international acts, which intend to protect copyright etc.

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Poturai, Kateryna. "The features of the contractual form of protection of subjective intellectual property rights for a cinematographic work under the laws of Ukraine and the countries of the European Union." Law Review of Kyiv University of Law, no. 4 (December 30, 2020): 323–28. http://dx.doi.org/10.36695/2219-5521.4.2020.57.

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The article reveals the features of the contractual form of subjective intellectual property rights to a cinematographic work underthe laws of Ukraine and the European Union as the main form of protection of cinematographic works.The author emphasizes that in modern development of copyright relations, civil law has abandoned the legislative consolidationof the concept of copyright agreement, yet only lists and discloses the sense of its types.Thus, at the legislative and theoretical level, the problem of classifying a copyright agreement on the creation of a cinematogra -phic work as an agreement on the alienation of exclusive rights or a license agreement still remains unresolved. At the present stage,the legal regulation of the creation and use of films is further complicated by the fact that many film studios instead of copyright agreementsenter into refit contracts on the creation of films.The author draws attention to the fact that the French legal doctrine does not see any difference between the subject of the contractand the content of the obligation and uses such concepts as synonyms. The French legislator does not give a general concept, whichwould reveal the main features of the copyright agreement. However, the provisions of the French Intellectual Property Code directlyindicate the possibility of assignment of the author’s property rights (succession in a certain part of copyright) on the basis of the cont -ract. In the French literature and in the practice of courts it is unanimously recognized that from the point of view of general civil lawthe assignment of exclusive property copyrights is in principle a civil contract of sale of property, in turn a license is a civil contract ofproperty lease.The author also emphasizes that there is a necessity to regulate the conclusion of copyright agreements with all subjects of a cinematographicwork, which may have intellectual property rights in connection with the creation of such a work.

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Ольга Павлівна Рудницька. "LEGAL REFORMS IN UKRAINE AND POLAND: COMMON AND DISTINCTIVE FEATURES." Intermarum history policy culture, no. 5 (January 1, 2018): 341–51. http://dx.doi.org/10.35433/history.111825.

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The article investigates the processes of carrying out legal reforms in Ukraine and Poland, their comparative analysis is made. The author has studied Poland's experience in implementing legal reforms. It is found out that one of the most important factors influencing positive changes in this country is the separatedness of the Polish power from business. In addition, the fight against corruption has become one of the decisive factors for successful reforms. It is concluded that as a result of long-term reforms, in particular legal, Poland has become one of the most stable economies in Europe.It is determined that the creation of a civil society, the formation of Ukraine as a democratic, socially oriented, rule of law state, is impossible without legal reforms implementation. The author proves that Ukraine has made successful steps to bring up the national legislation closer to the EU legislation. It is stated that European integration for Ukraine is an opportunity to modernize the economy, attract foreign investments, overcome technological backwardness, create new jobs, increase the competitiveness of the domestic commodity producer, enter the world markets.The author has studied that the reform of the prosecutor's office is carried out in Ukraine and Poland at different legislative levels, which is related to a different legal status of these bodies. The reform of the judicial system of Ukraine is analysed, in particular, the transition to the tripartite system of courts, the formation of new higher specialized courts in the system of judicial system: the Supreme Court on Intellectual Property and the Supreme Anticorruption Court. The experience of the territorial communities functioning in Poland and Ukraine is studied, their main general and distinctive features are outlined.It is concluded that the legal reform in Ukraine should be conducted taking into account positive experience of the European Union countries, specifically, one of the closest western neighbors, Republic of Poland.

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Davydiuk, Oleksandr. "Economic and legal regulation of the technology subsystem of the National innovation system." Law and innovative society, no. 2 (15) (January 4, 2020): 97–104. http://dx.doi.org/10.37772/2309-9275-2020-2(15)-15.

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Problem setting. The fact of significant technological lag of the national economy of Ukraine from the countries of the European Union and South and North America is obvious. In addition to the economic components of this trend, of great importance is the lack of necessary organizational and regulatory prerequisites for the mass dissemination of technology transfer and development of public relations for their creation, transfer of rights and implementation in the productive sector of the economy. The current legislation that regulates innovation and determines the status of technology, unfortunately, is a branch of law that has been implemented under the influence of global trends in the spread of these processes and is not the result of natural development of society and business practices. Given the leading, initiating role of innovation legislation, the requirements of which create the preconditions for the development of innovative legal relations, legal science faces an extremely important task – to form such an effective and efficient concept of legal regulation of relations that mediate the circulation of technologies that would interest businesses intensive exchange of scientific developments and their more mass bringing to the level of specific production equipment, machinery, machines and mechanisms. Analysis of recent researches and publications in the work were investigated the works of scientists such as Yu. Ye. Atamanova, O. D. Svyatotsky, P. P. Krainev, S. F. Revutsky, S. Yu. Poguliayev, K. Yu. Ivanova, O. V. Hladka, A. I. Denisov etc. Article’s main body. Elements that are part of the technology transfer subsystem: relationships, subjects and objects. Relations that are part of the structure of the technology transfer subsystem of the National Innovation System: (1) Relations within the technology market; (2) Relations within the public-law sector of technology transfer; (3) Relationships involving unorganized ways of creating, transferring and implementing technologies. All entities involved in the technology transfer subsystem of the National Innovative System can be characterized as follows: (a) the author (developer) of the technology; (b) the owner of the object of intellectual property rights (owner of property rights to the object of intellectual property rights) on the basis of which the technology is developed; (c) the recipient of the technology (business entity in which the technology is embodied in the integral property complex); (d) the customer of the technology development process; (e) the state, represented by the authorized bodies of state power, which carries out public administration within the framework of the state technological policy; (f) local governments that, within their competence, influence the specifics of technology transfer within one or more settlements; (g) the investor, the person at whose expense the process of development and further implementation of the technology takes place and is implemented; (h) professional participants (specialized and professional intermediaries), which should include technology brokers, legal entities and individuals providing services related to the use of technology etc. The following forms of technology participation in economic legal relations can act as objects of the technology transfer subsystem of the National Innovative System, namely: (a) material embodiment of technology in the form of an integral technological line and / or experimental design of technology; (b) information implementation of the technology; (c) an integral property complex of the business entity to the production assets of which the technology has already been implemented; (d) technology as an innovative product; (e) technology as an innovative product that is both commodityfunctional and production (industrial) nature. Conclusions and prospects for development. (1) The main areas of improvement of the current legislation of Ukraine regulating relations in the field of technology circulation are: (a) determination of the legal status of subjects and participants of relations related to the creation, transfer of rights and implementation of such objects; (b) creation of normative “tools” for protection of the rights and legitimate interests of subjects and participants of relations related to the circulation of technologies; (c) creation of a normative field that establishes the list and procedure for the functioning of the organizational principles of the technology market (means of state influence, determination of the limits of such influence, the general procedure for implementation). (2) The necessity of adopting an additional new Law of Ukraine “On Technologies in Ukraine”, which will contain all the necessary regulations that will determine the economic and legal mechanism for regulating relations related to the creation, transfer of rights and implementation of technologies and / or its components, which in fact remained outside the subject of regulation of current regulations. (3) It is proposed to enshrine in the current legislation of Ukraine, in a normative document not lower than the level of the Law of Ukraine, an updated concept of the National Innovative System, which would reflect all relevant features of understanding its structure and interaction; (4) To determine in the current legislation of Ukraine the legal status of the technology transfer subsystem as a separate element of the National Innovation System; (5) To fix in the Law of Ukraine “On state regulation of activities in the field of technology transfer” a list of elements of the subsystem of technology transfer of the National Innovation System, for more adequate formation of long-term legislation, which should serve as a guideline for regulatory impact as an integral object of legal regulation by authorized public authorities.

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Shestak, Victor, and Aleksander Volevodz. "Modern Requirements of the Legal Support of Artificial Intelligence: a View from Russia." Russian Journal of Criminology 13, no. 2 (April 26, 2019): 197–206. http://dx.doi.org/10.17150/2500-4255.2019.13(2).197-206.

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At the present stage of the society’s development the artificial intelligence is quickly widening its possibilities. These changes raise the issue of applying norms, including international law norms, to solve problems connected with the essence and technical protocol of using artificial intelligence. The article is devoted to the problems of legal regulation of the creation and use of artificial intelligence and the development of the conceptual framework and the definition of artificial intelligence according to the widely recognized scientific theories; the analysis of doctrinal approaches to the understanding of the place of artificial intelligence in legal relations; the evidence that giving artificial intelligence the status of a person is not legally grounded; the critical analysis of the ideas put forward by some American researchers that artificial intelligence should comply with the whole set of laws currently used for its human producer and operator. The authors study the legislation on the legal regulation of relations between the human and artificial intelligence in such countries as the Republic of Korea, the USA, Japan, the People’s Republic of China, the Republic of Estonia, the Federal Republic of Germany and the Russian Federation, as well as the European Union. They present various approaches to the classification of artificial intelligence’s features. The authors also examine the problem of defining the legal personality of an «electronic person»; analyze the necessity of making the owner liable for the compensation of moral and material damage inflicted by the «electronic person». The article also discusses key problems of enforcing the legal norms regulating intellectual property and copyright, criminal liability and participation in criminal proceedings within the framework of using artificial intelligence. The authors analyze key risks and uncertainties connected with artificial intelligence and crucial for improving relevant legislation. They work out suggestions for the future discussion of the following issues: the applications of artificial intelligence at the contemporary stage; development prospects in this sector; legally relevant problems researched of this sphere and the problems connected with the use of the existing and the development of new autonomous intelligence systems; the development of new strategies and legal norms to bridge the gaps in the legal regulation of using artificial intelligence, including using it as a participant in criminal proceedings; creation of the concept of liability in the sphere of using artificial intelligence, including the criminal one.

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Kherkhadze, Alim. "THE ROLE OF FORING DIRECT INVESTMENTS IN THE ECONOMY AND THEIR STIMULATION MECHANISM." Economic Profile 17, no. 2(24) (December 25, 2022): 104–16. http://dx.doi.org/10.52244/ep.2022.24.03.

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In the era of globalization, the attraction of foreign investments has become an important factor in promoting the economic growth of countries. Investors are constantly looking for favorable conditions for investing their capital, which involves a combination of several important factors. The investor, who is focused on getting the maximum profit with the minimum cost, before making an investment decision, will study the investment environment of the host country, the proximity to large key markets, the barriers to entry from the host country to international markets, the availability of production and energy resources, the level of political and economic stability, the number of labor force, qualifications, etc. .sh. In terms of investments in the modern world, two types of trends have been identified: 1. High-tech investments, which are mainly located in developed countries, due to the developed country's intellectual resources, key market and good opportunities for business development, and 2. Investment, which is focused on obtaining maximum profit at the expense of cheap resources and labor force, and there is no or minimal technical innovation in it. It is important for the state to attract such direct foreign investments, which will not only be focused on making profits, but will also ensure the raising of the qualifications of local staff, the introduction of technological innovations, and the social protection of employees. Thanks to the economic reforms implemented after the post-Soviet upheavals, Georgia has become an attractive place for foreign investment, however, due to the shortage of labor force and low qualifications, investments focused on cheap resources and labor force are entering the country more than high-tech ones. The entry of relatively large, high-tech investments is hindered, in addition to the scarcity of the country's workforce and relatively low qualifications, the low level of energy independence, the territories occupied by the Russian Federation of Georgia, the generally politically and economically unstable region (Tskhinvali, Abkhazia, Karabakh regions), the aggressive state - the Russian Federation. Neighborhood and high probability of potential armed conflicts. The positive factors that make Georgia attractive for foreign investors are a favorable geopolitical location with land access, moderate natural and climatic conditions, low level of corruption, less bureaucratic and simple legislation compared to other countries, high level of harmonization of national legislation with international legislation, with the European Union in 2014 and in 2017 Free trade agreements signed with China, which allow a foreign investor to export products produced on behalf of Georgia to two of the world's largest markets without any problems. Due to the fact that one of the most important factors of production - "capital" - is needed to develop the economy, and the country does not have it at this stage, attracting foreign investments is a vitally important task for the economic growth of Georgia. In developing countries like Georgia, the level of domestic savings is relatively low. In addition to this, apart from the banking system, there is no stock market. In the period 1996-2021, a total of about 23.12 billion dollars of investment came into Georgia. The first and only investor country in 1996 was Ukraine with 3753.45 thousand US dollars. In the following years, significant investments were made in Georgia from the USA (1.81 billion USD), the European Union, CIS countries and Great Britain. According to the latest data, foreign investment has entered Georgia from 74 countries, which is almost 2 times less than the number of countries with which Georgia has trade relations (export-import). Since 2003, the growth of investments had an irreversible character, however, the 2008 world economic crisis and Russia's military attack on Georgia sharply reduced this figure, and it took 6 years to restore the pre-war figure. In addition, since 2017, foreign investments in Georgia have been characterized by a decreasing trend. Pandemic year 2020 was particularly notable in terms of investment decline. Despite the fact that after the signing of the Georgia-EU association in 2014, foreign investments should have increased due to the desire to access the EU market, until 2017, their volume was decreasing. In 2017, in the history of independent Georgia, the largest level of foreign investments - 1.98 billion USD was recorded. In the same year, the agreement on free trade between Georgia and China was signed, which should also increase foreign investments due to the desire to access the Chinese market, although the country has not returned to the level of foreign investments made in 2017. On December 31, 2013, the Organic Law of Georgia "On Economic Freedom" adopted in 2011 entered into force. The law, on the one hand, regulates the limit of the amount acceptable from taxpayers - in case of the desire to increase the tax rates of income, profit, VAT and import taxes, citizens' consent is required through a referendum, and on the other hand, the amount of spending of collected taxes is controlled by the limits of the established macroeconomic parameters. After the implementation of this law, the tax burden of taxpayers was not supposed to increase, but the government took advantage of the loophole in the law and in 2017 the excise duty rate was sharply increased on cars (the excise duty on right-hand drive cars was doubled), fuel and tobacco products. The property tax has also been increased, since it does not belong to the general state tax. Since January 1, 2017, when the Estonian model of profit tax came into force, the state budget received about 500 million GEL less. To make up the deficit, either government spending had to be cut, or debt had to be incurred, or taxes had to be raised. In 2017, the government's expenses increased by 800 million GEL, we took on a debt of 400 million GEL, and the excise and property tax rates were also increased, according to which if the family had an annual income of more than 40,000 GEL, they would have already paid property tax on the car. As of May 2021, the foreign debt has increased to 24.8 billion GEL and has already violated the macroeconomic parameter written in the Law on Economic Freedom, according to which the government's debt cannot exceed 60% of GDP. From 2011, when the law was adopted, until 2013, when the law entered into force, the volume of direct foreign investments did not increase, on the contrary - it even decreased, although this can be blamed on the caution caused by the change of government in 2012. - Investors are likely to observe the possibility of a change in the country's political vector. When the law came into force in December 2013, that is, in fact from 2014, the volume of investments increased by leaps and bounds, and this dynamic continued until 2017, when taxes were increased. Since 2018, the volume of direct foreign investments has dropped almost to the level of 2011. Based on all of the above, we believe that in order to attract foreign investments, Georgia should make maximum use of those competitive advantages that will attract the attention of foreign investors. The country, which has historically been a corridor of regional and world importance, has yet to fully utilize its transport function.

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Sfârlog, Tudor-Vlad. "Critical Appraisal of the Recent Case-Law of the European Union Intellectual Property Office (EUIPO)." International conference KNOWLEDGE-BASED ORGANIZATION 26, no. 2 (June 1, 2020): 228–31. http://dx.doi.org/10.2478/kbo-2020-0081.

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AbstractTrademark protection has a temporal and territorial character. The European Union Intellectual Property Office facilitates the protection of trademarks at the European Union’s level. The present study analyzes the conditions of admissibility for the registration of a mark in case of opposition. In the elaboration of the study, we considered the European legislation in the field, the decisions and resolutions that constitute a source of law in the field. In this regard, we analyzed the recent case law of the European Union Intellectual Property Office and formulated a series of critical theses.

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Neugodnikov, Andrii, Tetiana Barsukova, and Roman Kharytonov. "Protection of Intellectual Property Rights in Ukraine in the Light of European Integration Processes." Journal of Politics and Law 13, no. 3 (August 30, 2020): 203. http://dx.doi.org/10.5539/jpl.v13n3p203.

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The article provides an assessment of the state of legislation of Ukraine on the protection of intellectual property at the present stage. The most important problematic aspects and prospects of improving the legal regulation of intellectual property protection on the way to European integration are described in detail. The experience of foreign countries in ensuring the protection of intellectual property is analyzed. Particular attention is paid to the features of computer program protection, which is especially relevant nowadays. Features of the use of license agreements by the owner of computer programs, namely BSD License, Apache License, GNU General Public License, GNU Lesser General Public License, were analyzed. The conclusion is drawn that a system of continuous analysis of decisions made by European countries in the field of intellectual property law, as well as on issues related to general state policy on the administration of intellectual property, in order to implement developed approaches to legislation and law enforcement practice, could improve the protection of intellectual property rights in Ukraine.

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Pototskyy, Mykola. "Codification of the legislation of Ukraine on intellectual property: material and procedural aspects." Theory and Practice of Intellectual Property, no. 6 (December 27, 2021): 5–16. http://dx.doi.org/10.33731/62021.248969.

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Key words: intellectual property law, legislation, material norms, proceduralnorms, codification The article is devoted to the study oflegislative problems that determine the appropriateness of the codification of Ukrainianlegislation on intellectual property. The current state of legislation in this area,the results of the reforms of procedural legislation of 20218 and special legislation of2020 are analysed. It is concluded that the special legislation of Ukraine on intellectualproperty requires further systemic improvement, unification, taking into accountthe development of the enforcement of European legislation in this area. The currentstructure of special laws is complex, dubbed norms and legal and technical shortcomings.Considering the number of tasks, the solution of which is advisable when improvinglegislation, it is obvious that the introduction of individual point changes isineffective. Another significant factor requiring recourse to the legislative procedureis the creation in Ukraine of the High Court for Intellectual Property Issues, and ascientific discussion regarding the procedural rules by which this court should administerjustice. The current legislative field contains certain rules governing the activitiesof this court, however, the presence of special procedural provisions in the legislationof the European Union, along with non-compliance with certain provisions of theAgreement on Trade-Related Aspects of Intellectual Property Rights and the AssociationAgreement between Ukraine, on the one hand, and the European Union, thecommunity on nuclear energy and their member states, on the other hand, makes itnecessary to supplement national procedural legislation with appropriate norms.Based on the characteristics of the structure of the legislative landscape, it is proposedto consider the possibility of incorporating material, procedural and proceduralnorms in a single legislative act. Approaches to defining the goals and principles ofsystematization of legislation are proposed.

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Zmykalo, O. I. "Experience of legal regulation of copyright in the European Union: search for ways to harmonize the legislation of Ukraine." Analytical and Comparative Jurisprudence, no. 6 (February 18, 2023): 83–91. http://dx.doi.org/10.24144/2788-6018.2022.06.15.

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This article reveals the peculiarity of the legal regulation of copyright as a component of intellectual property in the legal system of the European Union, primarily through the prism of the study of the stages of its formation and development. Within the framework of this article, the stages of formation and development of the copyright institution from the time of the founding of the European Economic Community to the present time were investigated. Important attention is paid to the study of copyright regulation in the provisions of the founding treaties of the European Union, in particular in the Treaty establishing the European Economic Community, the Treaty on the European Union (Maastricht Treaty), the Treaty of Amsterdam, the Treaty of Nice, the Treaty of Lisbon and the sources of "secondary law" of the European Union, in particular, directives, regulations, decisions of the European Parliament and the Council on the harmonization of intellectual property rights of the member states of the European Union. The position is argued, according to which at the initial stages of the formation of the legal system of the European Union in terms of the legal regulation of copyright, an approach was used, according to which the legal acts did not establish direct requirements for its legal regulation and instead established provisions that would contribute to the formation of the functioning of the common market of the European Union. It is noted that parallel to the "primary sources" of the European Union, the sources of "secondary law" were formed. It was noted that a special place in the legal regulation of copyright in the European Union was played by the directives, which, being binding on the member states to which they were addressed, left the freedom of choice of the form and methods of their implementation to the national bodies of the latter. In order to achieve the goal, the author used the methods characteristic of legal science. The research was conducted primarily using the historical-legal, comparative-legal, formal-legal method and the dialectical method of learning legal reality. On the basis of the conducted research, the author comes to the conclusion that the law of the European Union is characterized by a rather exhaustive list of sources, their hierarchy, as a result of which this law is well organized, systematized and internally agreed. It was established that the formation of European intellectual property rights took place on the one hand under the influence of international law, and on the other hand, the peculiarities of the legal regulation of copyright in the member states.

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Diez, Maria del Carmen Fernandez, and Maria de los Reyes Corripio Gil-Delgado. "Is Intellectual property Right Legislation Constraining the Agrifood Biotechnology Sector in the European Union?" Science & Technology Studies 16, no. 2 (January 1, 2003): 52–63. http://dx.doi.org/10.23987/sts.55155.

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In this paper, we discuss the implications of the recent Intellectual Property Right (IPR) enforcement in the European Union (EU) as a potential factor affecting agrifood biotechnology industry stagnation. After presenting a theoretical framework justifying patents, we describe some controversial questions in the European patent protection related to: a) the distinction between discovery and invention and; b) the morality and ordre public exception to the patentability. Although we provide some evidence about the reduction in importance of agrifood activities compared to that of pharmaceutical areas of application, we conclude that differences between EU and other developed countries IPR legislations are not the principal regulatory controversial factor affecting activities in the agrifood biotechnology sector.

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Tashian, Roman I., Bohdan P. Karnaukh, and Iryna O. Dzera. "Trends in the Development of Property Law: The Civil Law of Ukraine and the Experience of European Union Countries." Global Journal of Comparative Law 10, no. 1-2 (June 25, 2021): 91–104. http://dx.doi.org/10.1163/2211906x-10010008.

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Abstract The article deals with the problems of the development of property law in the legislation of Ukraine considering the experience of the countries of the European Union (EU). It is emphasised that the development of property law of Ukraine is determined primarily by the European tendencies of harmonisation, convergence and Europeanisation of the rights of EU Member States. The scientific doctrine of EU countries in the field of development and improvement of property law has been researched. The authors extrapolate the experience of regulation of property law in the EU countries on the development of the legal system of Ukraine. The principles of European property law are analysed: these are the principles of specificity, openness and transparency. It is concluded that recognising the existence of an EU system of substantive law will allow introducing appropriate substantive remedies that can successfully exist in addition to legal obligations.

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Gurgenidze, Miranda, and Tamaz Urtmelidze. "Aspects of Compulsory Licensing in Patent Law." Works of Georgian Technical University, no. 1(519) (March 29, 2021): 245–58. http://dx.doi.org/10.36073/1512-0996-2021-1-245-258.

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This issue is not new in international patent law. However, this institution was abolished in the Georgian legislation in 2010-2017 and its re-formulation has become active after it was put in the agenda in accordance with the provisions of Chapter IV (Intellectual Property Rights) of Chapter 4 (Intellectual Property Rights) between Georgia and the European Union and the European Union and their Member States. The necessity of fulfilling the undertaken liabilities and to bring the Georgian legislation in line with the above-mentioned agreement, as well as the aspects related to the intellectual property rights trade (TRIPS) and the EU legislation. The presented scientific article Aspects of Compulsory Licensing in Patent Law concerns with a topical issue such as mandatory licensing of a patented invention and / or utility model within the territory of Georgia without the permission of patent owner, which combines the principles of compulsory licensing, as well as the mentioned licensing procedures and procedure for issuing the compensation to the patent holder. The authors have studied the issues of compulsory licensing in Georgian patent law in this article, as well as the international agreements related to the issue of compulsory licensing themes. The introduction reviews the exclusive rights of the patent holder and the grounds for restricting those rights. The first chapter provides a legal analysis of the international agreements where we find the regulatory norms for involuntary / compulsory licensing of patents. The authors discuss the issues of compulsory licensing in the Georgian patent system in the second chapter. This problem is very relevant, interesting and innovative from the legal point of view, because with the issue of compulsory licensing, the rule of granting compensation to the patent owner is activated, which in itself is related to his property rights, and finally the main directions of the compulsory license that we find in the international patent and national system are reconciled and summarized.

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Kapitsa, Yurii. "To the introduction of a sustainable mechanism for approximation of the legislation of Ukraine in the field of intellectual property to the legislation of the European Union." Ukrainian Journal of International Law 3 (September 30, 2020): 112–17. http://dx.doi.org/10.36952/uail.2020.3.112-117.

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Methodological issues of approximation of the Ukrainian legislation to the EU legislation in the field of intellectual property are considered. The need for adoption of a sustainable approximation mechanism is justified, including the need of defining Ukraine’s commitments to implement the EU acquis; taking into account the experience of European Economic Area countries in applying of the decisions of the Court of Justice; introducing an analysis of the effectiveness of the application of legislation etc.

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Shabalin, Andrii. "On the issue of codification of legislation in the field of intellectual property." Theory and Practice of Intellectual Property, no. 1 (June 11, 2021): 74–81. http://dx.doi.org/10.33731/12021.234196.

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Keywords: intellectual property right, codification, legislation, The Civil Code ofUkraine This scientific article examines the issue of the need to create aspecial code of intellectual property in Ukraine. For a full-fledged and objective study,an analysis was made of the history of Ukrainian legislation in the field of intellectualproperty, foreign models of legal regulation of intellectual property rights, especiallyEuropean legal experience, were also investigated. The author supports the positionregarding the creation in Ukraine of the Intellectual Property Code, the analogueof which exists in Italy and France. Based on the study of Ukrainian and foreign legalsystems, the author defines the main criteria for creating an intellectual propertycode: Legal and organizational criteria are defined. The author points out the need toimplement the European legislative practice, the jurisprudence of the EuropeanCourt of Human Rights and the Court of Justice of the European Union on judicialcases in the field of intellectual property into the code. This vector of implementationwill have a positive meaning for the adaptation of the Ukrainian legislative system toEuropean democratic standards in the field of legal regulation, legal protection of intellectualproperty rights. The author pays special attention to the need to harmonizethe intellectual property code with the Civil Code of Ukraine and procedural legislationin order to level the negative legal consequences in legal practice in the field ofintellectual property; also in the IP Code shall contain the following provision or requirements,which contained universal definitions of legal concepts in the field of intellectualproperty. Based on the conducted scientific analysis, the author points outthe need for the existence of the Ukrainian code of intellectual property and speciallaws in the field of intellectual property. It follows from this that there is a need forlegal regulation of individual legal relations (objects of law) in the field of intellectualproperty law. The author points out that such a legal system corresponds to the modelof legal regulation of the field of intellectual property that exists in the EuropeanUnion.

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Kronda, O. Y., and O. M. Zosymenko. "Intellectual property in Ukraine during martial law." Analytical and Comparative Jurisprudence, no. 4 (November 27, 2022): 104–8. http://dx.doi.org/10.24144/2788-6018.2022.04.19.

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The article is devoted to research of intellectual property in Ukraine under martial law. The authors of the article focus on the fact that intellectual property is one of the areas that helps the country develop economically in such an extremely difficult time, and pass the challenges with dignity, step by step. The authors establish that appropriate management of the intellectual property portfolio under martial law is particularly relevant to avoid future problems with potential litigation. It is also substantiated that it is important to keep data for the protection and enforcement of intellectual property rights in Ukraine in the post-war economy. The article highlights that Ukrpatent, which performs the functions of the National Intellectual Property Body in the field of intellectual property, keeps working in difficult conditions, providing the necessary functions and continuous operation of the state system for intellectual property legal protection. Based on the analysis of data from Ukrpatent, it is noted that the number of registered industrial property rights for the 1st half of 2022 compared to the 1st half of 2021 is 75.2%. The authors analysed the latest changes in the legislation on intellectual property under martial law, which give grounds to believe that intellectual property continues to develop. It is also noted that there is a strengthening and implementation of European integration processes in the area of intellectual property. Ukraine actively continues to develop the relevant direction. The authors conclude that despite the extremely difficult conditions in various spheres of social life under martial law, laborious legislative activity in the field of intellectual property continues. Providing further functioning of the mechanisms of intellectual property rights protection and their progressive improvement under martial law with the support of friendly countries and the international community is aimed at strengthening and implementing European integration processes in Ukraine.

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Gramatskiy, Ernest. "European integration processes аnd private international law: certain aspects." Law Review of Kyiv University of Law, no. 3 (November 10, 2020): 357–61. http://dx.doi.org/10.36695/2219-5521.3.2020.65.

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Certain aspects, the meaning and relationship between adaptation of the private legislation of Ukraine to the requirements of theEuropean Community and private international law are analyzed in the article. The above mentioned phenomena are explored in thelight of the active integration of Ukraine into European and world space, which at the same time explains the stage of fundamentalchanges in the national system of private law.Special attention is paid to the provisions of the Association Agreement between Ukraine and the European Union dated June 27,2014, which became the basis for deepening the processes of democratization and liberalization in all spheres of life, including thesphere of regulation of private law relations complicated by a foreign element – the legal relations that make up the subject matter ofinternational private law.The concept, features and legal aim of adaptation in law in the context of European integration changes were the subject todetailed analysis. Various approaches of scientists in terms of characterization of this concept are analyzed. It is indicated that the adaptationof the national legislation of Ukraine to the legislation of the European Union is a long and multi-stage process, the plan of whichis enshrined at the level of international treaties, including the Association Agreement between Ukraine and the European Union of June27, 2014. Particular attention is paid to the analysis of the provisions of the Association Agreement, which are directly devoted to internationalprivate law and legal relations which make up its subject matter.Special attention is paid to the issue of intellectual property law and its regulation under current legislation of Ukraine and AssociationAgreement between Ukraine and the European Union. Certain aspects referring trademark regulation are analyzed. Judicial practiceof the national court of Ukraine has been taken into account as well.It is crucial to stress that European integration processes have their direct impact on private international law system and its me -cha nism of legal regulation.

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Gramatskiy, Ernest. "European integration processes аnd private international law: certain aspects." Law Review of Kyiv University of Law, no. 3 (November 10, 2020): 357–61. http://dx.doi.org/10.36695/2219-5521.3.2020.18.

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Certain aspects, the meaning and relationship between adaptation of the private legislation of Ukraine to the requirements of theEuropean Community and private international law are analyzed in the article. The above mentioned phenomena are explored in thelight of the active integration of Ukraine into European and world space, which at the same time explains the stage of fundamentalchanges in the national system of private law.Special attention is paid to the provisions of the Association Agreement between Ukraine and the European Union dated June 27,2014, which became the basis for deepening the processes of democratization and liberalization in all spheres of life, including thesphere of regulation of private law relations complicated by a foreign element – the legal relations that make up the subject matter ofinternational private law.The concept, features and legal aim of adaptation in law in the context of European integration changes were the subject todetailed analysis. Various approaches of scientists in terms of characterization of this concept are analyzed. It is indicated that the adaptationof the national legislation of Ukraine to the legislation of the European Union is a long and multi-stage process, the plan of whichis enshrined at the level of international treaties, including the Association Agreement between Ukraine and the European Union of June27, 2014. Particular attention is paid to the analysis of the provisions of the Association Agreement, which are directly devoted to internationalprivate law and legal relations which make up its subject matter.Special attention is paid to the issue of intellectual property law and its regulation under current legislation of Ukraine and AssociationAgreement between Ukraine and the European Union. Certain aspects referring trademark regulation are analyzed. Judicial practiceof the national court of Ukraine has been taken into account as well.It is crucial to stress that European integration processes have their direct impact on private international law system and its me -cha nism of legal regulation.

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Shuju, FU. "Music Trademark: New Development of Intellectual Property in Digital Economy." World Journal of Social Science Research 9, no. 2 (June 1, 2022): p64. http://dx.doi.org/10.22158/wjssr.v9n2p64.

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With the vigorous development of digital economy, the enterprise must pay more attention to the Internet instead of totally the traditional way, and new types of trademarks, especially music trademark, can attract the attention of consumers more than traditional trademarks. But situation is different in different countries and international organization. This paper takes China and the European Union as the research objects, and observes the specific standards in the practical operation of registering new trademarks such as music trademarks both in China and in the European Union through studying a large number of cases and analyzing local laws in comparative study. In China, a music that wants to be registered as a trademark needs to have at least three requirements: legitimacy, distinctive and long-term and heavy use. EU and its member states have different requirements for whether a music is allowed to be registered as a trademark. When member states want to make their own trademark law according to the EU law, they have their own domestic practices and customs of the member states so they finally formed the different trademark legal system from each other. However, music is now generally accepted as a registered trademark in the European Union.

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Mariani, Serena. "Law-Driven Innovation in Cereal Varieties: The Role of Plant Variety Protection and Seed Marketing Legislation in the European Union." Sustainability 13, no. 14 (July 19, 2021): 8049. http://dx.doi.org/10.3390/su13148049.

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The aim of this paper is to investigate the role of EU legislation in shaping innovation in cereal varieties. The research focuses on two fields of law and their relationship, i.e., intellectual property and agricultural law. More specifically, the normative legal investigation concerns the role played by Community plant variety protection and the EU legislation on the marketing of seed and plant propagating material in shaping innovation and stimulating plant breeding of new cereal varieties. The focus is on cereal varieties because innovation in this field has a great socio-economic impact, as well as strategic scientific and environmental implications. Breeding new cereal varieties is essential for the competitiveness of the seed and agricultural sector of the EU, and it can contribute to food security and the achievement of sustainable development goals. The study finds that it is necessary to simplify the existing legal framework by coordinating intellectual property and agricultural law, providing for legislative review and better coherence in order to effectively shape innovation and meet the changing demands of society and the sustainability challenges.

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Kokhanovska, Olena V., Anastasiia O. Verbytska, and Veleonin O. Kokhanovskyi. "Updating the civil legislation of Ukraine in the field of intellectual property in the modern information society." Linguistics and Culture Review 5, S2 (July 29, 2021): 375–86. http://dx.doi.org/10.21744/lingcure.v5ns2.1360.

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The purpose of this study was to analyse and investigate the modifications of the development of intellectual property rights in modern realities, followed by the authors' proposals to improve its evolution and adaptability. According to the results of the study, the sphere of intellectual property currently differs not only in the implementation and protection of rights compared to the original approaches laid down by the developers of the current Civil Code and branch-related special legislation, but also in the change in the paradigm of creative activity in information networks. Based on the provisions of several European Union Directives, the authors concluded that legal regulation in the field of intellectual property in Ukraine should be based on the experience of EU countries and conventional legal constructions known to national legal science, and use the principles inherent in this field in the Civil Code of Ukraine, including method of regulation, functions, terminology, etc.

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Sulzbach, Sofia. "Law and policies related to works generated by artificial intelligence in Brazil and the European Union." Latin American Journal of European Studies 2, no. 2 (2022): 395–441. http://dx.doi.org/10.51799/2763-8685v2n2013.

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Investments in sophisticated technologies have enabled the creation of Artificial Intelligence (AI) systems capable of reproducing the behaviour of the human brain, with the ability to learn, decide and even create intellectual works. This technological reality drew the attention of the European Parliament and the Council of the European Union (EU), which began to pressure the development of research on AI and Intellectual Property (IP), to identify the best legal solutions to the factual situation of works generated by non-human agents. Responding to this call of the Parliament, this monograph proposes to investigate the feasibility of protection of intellectual works generated by AI systems in Brazil and the EU, based on current legislation, jurisprudence, and doctrine. To this end, the monograph is based on the hypothetical-deductive method, starting from a comparative approach, and divided into three main parts. The first part is destined to present the fundamental notions of AI and copyright. After this introduction, the second part assesses whether works generated by AI systems qualify as intellectual property subject to copyright protection, based on the case study of the painting The Next Rembrandt, identifying the issues related to the attribution of rights to human and non-human agents involved in the creation process. Finally, the third part is destined to examine the legislative proposals and governmental solutions suggested in Brazil and in the EU on the matter. Based on the acknowledgement of the insufficiency of traditional provisions to protect works generated by AI systems, it is concluded that the European Intellectual Property Office's proposal for the elaboration of a sui generis system seems to be the most adequate solution to protect works generated by AI in Brazil and in the EU.

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Lazíková, Jarmila. "The Notion of the European Union Trademark." EU agrarian Law 8, no. 1 (July 1, 2019): 21–31. http://dx.doi.org/10.2478/eual-2019-0004.

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AbstractThe EU trademark law has recorded the important changes in the last years. The Community trademark in the past and the EU trademark at the present have become very popular legal measures not only in the EU Member States but also in the third countries. Its preferences are increasing year to year. The EU trademark may consist of a sign that fulfils two main attributes. Firstly, there is a distinctive character. Secondly, there is a capability of being represented on the Register of the EU trademarks. The second attribute is new and replaced the previous attribute - capability of being represented graphically. The interpretation of the above mentioned attributes is not possible without the judgements of the Court of Justice of the European Union. It is necessary to take into account the kind of trademark, list of the goods and services, which should be signed by the trademark, and its perception by the public. The paper includes the main judgements of the Court of Justice of the European Union related to the interpretation of the sign that may be registered as the EU trademark. They are very helpful in the application practice of the European Union Intellectual Property Office and the national offices of the intellectual property as well.

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Zanatta Tocchetto, Gabriel. "The Moral Clause in Patent Law and Threats Posed by Human Germl ine Genome Editing." Mexican Law Review 14, no. 1 (August 3, 2021): 145. http://dx.doi.org/10.22201/iij.24485306e.2021.1.16095.

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This article examines whether the lack of closure of moral clauses in patent laws, particularly in dealing with the issue of human germline genome editing, causes such clauses to fail to function as a moratorium in countries like Mexico. The hypothesis posed here is that a general, open, moral clause in intellectual property legislation, specifically in patent law, is ineffective when confronted with a foreseeable but strong innovation that alters an area of applied biology such as human germline genome editing. Using the deductive method, this research aims to determine whether countries like Mexico need to provide more specific guidance in their legislation on technological innovations like human germline modification in order to foster an atmosphere of legal certainty. A comparative analysis of the closed morals clause in the European Patent Convention and the open morals clause in Mexico’s intellectual property law confirms this hypothesis. Specifically, the lack of closure of a morals clause in patent law, when confronted with novel and complex technological advances, will likely fail to function as a moratorium.

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Mendzhul, M. V., and N. O. Davydova. "The mechanism of civil law regulation of property relations of partners in de facto unions." Uzhhorod National University Herald. Series: Law, no. 65 (October 25, 2021): 124–27. http://dx.doi.org/10.24144/2307-3322.2021.65.22.

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The article investigates the mechanism of legal regulation of property relations of partners in de facto unions. The national legislation of European states is analyzed, as well as the recommendations of the Commission on European Family Law, suggestions for improving national legislation are made.It is determined that there are no uniform approaches in the legal regulation of partners in de facto unions in European countries, in particular in six countries such relations are unregulated, in fourteen countries such relations are regulated by different branches of law, and in nine jurisdictions there is a special legal mechanism (Sweden, Hungary, Slovenia, Croatia, Catalonia, Portugal, Scotland, Ireland and Finland).The provisions of the Lithuanian Civil Code on the regulation of de facto marital relations, as well as the legislation of Croatia, Sweden, Norway and other countries are analyzed. It was found that in Scotland, civil partnerships were allowed for same-sex couples back in 2005, and for people of the opposite sex only from June 30, 2021.It is substantiated that in the context of Europeanization of private law, the position on the need to amend the Family Code of Ukraine and introduce the term «de facto union» recommended by the Commission on European Family Law in the Principles of European Family Law on property rights, maintenance and succession of couples in de facto unions.It is proved that in the process of Europeanization of private law the institution of de facto union should be regulated by the norms of the Family Code of Ukraine, which, taking into account the recommendations of the Commission on European Family Law should be improved as follows: contract on selling a dwelling in which partners live, as well as household items, is made with the consent of both partners; to guarantee partners the right to file a claim to the court for consent to dispose of the property without the consent of the other partner; to guarantee the principle of freedom of contract between partners in de facto unions; establish the right to compensation for a significant contribution to the property (or business) or profession of another partner; guarantee the right of the partner to inherit equally with the spouses, etc.

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Aistara, Guntra A. "Seeds of kin, kin of seeds: The commodification of organic seeds and social relations in Costa Rica and Latvia." Ethnography 12, no. 4 (November 25, 2011): 490–517. http://dx.doi.org/10.1177/1466138111400721.

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This article employs multi-sited ethnography as a tool to explore the relationships among farmer seed exchange practices, intellectual property rights legislation, and biodiversity. Specifically, it investigates these issues in the historically, ecologically and culturally diverse contexts of the Costa Rican and Latvian organic agriculture movements, as these small countries negotiate their places in the economic trading blocs of the Central American Free Trade Agreement (CAFTA) and the European Union (EU), respectively. The juxtaposition of two such different cases reveals the micro-processes whereby the imposition of intellectual property rights on seeds replaces the centrality of social kin networks through which seeds are exchanged with bureaucratic transactions. This shift from exchanging seeds among kin to tracing the genetic lineage of seeds is part of a global process of commodification and control of seeds. Increasing efforts to “harmonize” intellectual property rights on seeds and plant varieties throughout the world will have profound impacts on food production, small farmer livelihoods and social networks, and agricultural biodiversity.

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Herasymchuk, Yelyzaveta. "Analysis of the Experience of EU and USA in the Context of Improvement of the Ukrainian Legislation on Protection Against Unfair Competition in the Sphere of Intellectual Property." Theory and Practice of Intellectual Property, no. 4 (October 19, 2022): 52–59. http://dx.doi.org/10.33731/42022.265859.

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Keywords: legislation, legal regulation, unfair competition, intellectual property,remedies, European Union Currently, violations of intellectual property rights are widespread through the prism of distortion of economiccompetition in the market. Objects of intellectual property, such as trademarks and trade secrets, are a tool for some business entities to obtain illegal profits at the expense of the reputation of other business entities. Precisely for this reason businessentities pay attention to monitoring and preventing possible violations of their intellectual property rights on the market, and this, in turn, requires the use of effective ways of protection. That it is important to improve the legislation of Ukraine on protection against unfair competition and development of new means of combating such violations.Having analysed the system of EU legislation, it can be concluded that the regulation of protection against unfair competition at the level of the EU is still more of a framework, and requires clarifying, as well as the provision of specific liability measuresand institutional mechanisms of ensuring and control at the level of legislation of specific EU member states.In the USA on the federal level there is no special legislative act on unfair competition, but the relevant rules are part of the general antitrust legislation. From this point of view, the respective legislation of Ukraine significantly differs by availabilityof the special Law. However, in Ukraine the rules on unfair competition are also to some extent subordinated to the general rules of economic competition protection in general. Unlike Ukrainian legislation, US legislation determines an exhaustive list ofactions that constitute unfair competition and distinguishes them into unfair actions and unfair practices depending on their recurrence.

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Volovyk, Serhiy. "IP-court as an actor of state policy in the field of intellectual property in Ukraine." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 3, no. 3 (September 30, 2020): 264–70. http://dx.doi.org/10.31733/2078-3566-2020-3-264-270.

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The article examines the IP court as an actor of state policy in the field of intellectual property in Ukraine. Emphasis is placed on the current article, which is due to the European integration course of Ukraine and bringing domestic legislation in line with European Union legislation. The essence of state policy in the field of intellectual property in Ukraine is defined, which means the set of formed and legally established goals, objectives, functions, interests, which are guided by public authorities in the implementation of state management of intellectual property, and their practical activities to implement and achieve the planned state policy in the field of intellectual property. The system of administrative and legal regulation of intellectual property protection in Ukraine has been established. It is determined that the main array consists of laws and international legal agreements of Ukraine. The system of subjects of realization of the state policy in the field of intellectual property in Ukraine is found out. It is emphasized that the list of subjects of state policy in the field of intellectual property in Ukraine should include the following: World Intellectual Property Organization, President of Ukraine, Verkhovna Rada of Ukraine, Cabinet of Ministers of Ukraine, Ministry of Economy, Trade and Agriculture of Ukraine, National Intellectual Property Office property and judicial authorities of Ukraine. It is proved that the IP-court in Ukraine is one of the main subjects of state policy in the field of intellectual property in Ukraine. It is emphasized that the IP-court as a subject of implementation of state policy in the field of intellectual property is a body authorized to administer justice in the field of intellectual property and solve problems defined by law. It is concluded that the IP Court as a subject of state policy in the field of intellectual property in the future is designed to become part of the optimal, high quality and effective state system of legal protection of intellectual property, able to form, implement a transparent public model of overcoming existing challenges and risks. to offer effective tools in the field of intellectual property as incentives for the development of related economic and social factors.

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Shugurova, Irina Viktorovna. "The peculiarities of observance of the EU competition law in the conditions of digital environment and the protection of intellectual property rights." Международное право, no. 4 (April 2021): 29–38. http://dx.doi.org/10.25136/2644-5514.2021.4.37248.

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The subject of this research is the analysis of interaction between the EU competition law and the intellectual property legislation in the conditions of the development of digital environment. The goal lies in determination of the peculiarities of observance of the EU competition law in the process of implementation and protection of the intellectual property rights. The author dwells on correlation between the principle of free movement of goods and services within the single market and the principle of territorial scope of exclusive rights. Analysis is conducted on the key provisions of the European Commission Regulation, which exclude certain agreements, namely on the transfer of technologies, from the Article 101(3) of the Treaty on the Functioning of the European Union. The main conclusion lies in the theoretical assumption that the EU legal policy in the sphere of competition in the conditions of the development of the Digital Single Market is aimed simultaneously at protection of competition and protection of the potential of innovations. Reaching the balance between the interests of all parties to the market relations would promote innovations and keep the market open. The scientific novelty of this research consists in comprehensive examination of the main approaches of the European Commission and the Court of Justice of the European Union towards settling disputes in the area of licensing, as well possible abuse by the copyright holders of their dominant position in the conditions of development of the digital environment. The author’s main contribution lies in comprehensive examination of the provisions of the Treaty on the Functioning of the European Union on Protection of Competition from the perspective of implementation and protection of exclusive rights.

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Marchuk, M., and L. Gudz. "Local elections in the European Union and Ukraine: comparative characteristics." Uzhhorod National University Herald. Series: Law, no. 70 (June 18, 2022): 119–23. http://dx.doi.org/10.24144/2307-3322.2022.70.16.

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The article provides a comparative analysis of the electoral legislation of the EU countries and Ukraine at the local level and on the basis of this analysis, the proposals to improve the electoral legislation of Ukraine take into account the experience of the European Union. The main forms of direct democracy in most EU member countries and Ukraine are fixed at the constitutional level, and the procedure of preparing and holding elections is regulated by special election laws. Domestic electoral legislation is overloaded with detailed norms of procedural aspects, unlike the legislation of EU countries, in which much more attention is paid to the issues of transparency of party financial funds and transparency of election campaign financing, as well as protection of national minorities’ interests. The main ways of exercising the right to vote not at the place of inclusion in the voter lists in the EU member states were characterized: voting by absentee ballots at specially designated polling stations, voting on the territory of diplomatic and consular missions, voting by mail, proxy voting, mobile voting, voting via the Internet, distance voting. It is noted that the norms in which the institution of a cash deposit is enshrined are discriminatory since they violate the principle of equality of suffrage and create a situation in which candidates are excluded from the political arena on the basis of the property criterion. Relevant for EU countries is the adoption of measures to create appropriate conditions for the full implementation of the principle of equality of citizens before the law, in particular, to overcome the actual inequality of opportunities between women and men. In order to bring Ukrainian legislation in line with international standards set by the European Union, we propose: to grant the right to vote in local elections to citizens of other states or stateless persons who permanently reside on the territory of the respective territorial community and permanently pay local taxes and fees have common local interests related to everyday life, infrastructure, communication, recreation; to introduce electronic voting; not to apply the institution of cash deposit at the local level; to introduce individual (party) gender quotas, following the French example.

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Myronenko, Nataliia. "The series of trademarks: theory, legislation, law enforcement." Theory and Practice of Intellectual Property, no. 6 (June 16, 2021): 45–53. http://dx.doi.org/10.33731/62020.233959.

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Key words: trademark, series of signs, dominant element, originality, resolution The article, based on the analysis of the doctrine of intellectual property law,legislation of Ukraine, law enforcement practice, examines the state and prospects ofproviding legal protection of a series of trademarks. To overcome the existing gap inthe legislation of Ukraine, the need to amend the Law of Ukraine «On Protection ofRights to Marks for Goods and Services» is justified. It is proposed to define «a seriesof marks as a set of trademarks belonging to one owner of interdependent rights, interconnected by the presence of the same dominant verbal, figurative or combined element,having phonetic and semantic similarity, and may also bear minor graphic differencesthat do not change the essence of the trademarks. The lack of definition ofthe term «dominant element» in the legislation is emphasized. Based on the provisionsof the philosophy and doctrine of intellectual property law, the dominant elementmeans the smallest indivisible component of the trademark, which is originaland not descriptive. Based on this, its main features are distinguished: originalityand indivisibility.It is proved that the same position of the dominant element in the structure of allsigns is necessary to create a stable image of consumers in relation to a particularproduct and its manufacturer. Examples of court decisions on recognition or refusal toprovide legal protection to trademarks are given.In the context of reforming the legislation of Ukraine in terms of its approximation toEU legislation and the development of relevant case law, which must meet Europeanstandards, the expediency of using the legal positions of such a leading democratic courtas the European Court of Justice is justified. Attention is drawn to the fact that the decisionof the ECJ is not a source of law for resolving disputes of this category by the courtsof Ukraine. At the same time, they are a source of harmonious interpretation of the nationallegislation of Ukraine in accordance with the established standards of the legalsystem of the European Union. It is proved that this conclusion is consistent with thepurpose and objectives to be solved in the country in the process of implementing the provisionsof the Association Agreement in the legislation of Ukraine. Proposals are formulatedto improve the quality of legislation in the field of IP law.

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Belikova, Ksenia Michailovna. "Theoretical and practical aspects of legal qualification of virtual property in Russia and abroad." Юридические исследования, no. 7 (July 2021): 1–28. http://dx.doi.org/10.25136/2409-7136.2021.7.35869.

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The subject of this research is the theoretical and practical aspects of legal qualification of virtual property – digital online objects (cryptocurrencies, game property, user accounts, etc.) in Russia and abroad. Virtual property is viewed through the prism of the concept of “asset” / “economic asset”, established in the national and foreign legislation and doctrine. Real right to game objects in online games are considered through the lens of John Locke’s labor theory of property (acquisition), M. Radin’s theory of personality, theories of utilitarianism (deterrence of negative behavior and economic efficiency), law enforcement practices and legislation (South Korea, China, etc.). Real right to online accounts (Google, Yahoo etc.) are examined in the context of allowability of transferring personal and business accounts from the perspective of property and conventional law. The relevance, theoretical and practical importance of this research is are substantiated by supplementing the tangible objects of proprietary right with digital, created in modern reality with the use of digital technologies (cryptocurrencies, tokens, etc.), which requires clarification of their legal regime in the context of the effective legislation of the Russian Federation and foreign countries, ideas for its amendment, and law enforcement practice. The author concludes that the legal doctrine of a number of countries, distinguishing tangible and intangible, virtual objects (game objects, user accounts) recognized the existence and legal status of virtual property (Hong Kong, European Union, South Korea, Russian Federation, Taiwan), qualifying it as the analogue of digital information and content; legally - movable (Taiwan) or other (Russian Federation) property; property (the European Court of Human Rights) or utilitarian (mandatory) digital (Russian Federation) rights; economically – virtual (financial, in form of future income), and material (in form of commercial ties, domain names, etc.) assets (the European Court of Human Rights, Russian Federation).

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Lisenco, Vladlena. "Improving the practice of Competitive Strategies for the protection of Intellectual Property: the law and economics approach." Eastern European Journal for Regional Studies 7, no. 1 (June 2021): 173–99. http://dx.doi.org/10.53486/2537-6179.7-1.09.

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The article contains analyze of the legal regulation of the protection of intellectual property rights and practice of competitive strategies for the protection of intellectual property using best legal practices of EU countries and Eurasian Economic Union. Legal confirmation of intellectual property right, in fact, means that the state realizes the importance of culture and progress for the preservation and development of society. Protection of the results of creativity, intellectual activity is associated with the protection of individual freedom, human rights. The features of the competitive environment and competitive mechanism in the innovation economy has been analyzed as well as influence of competition on the behavior of economic agents in the innovative economic system. The paper includes analyzes the logic and economics of non-competitive behavior of companies and states in the EU single market and examines the functions of the Directorate of the European Commission for Competition. The EU competition policy tools are flexible and that they take into account the most diverse interests of the single market. The policy of the Eurasian Union as a whole is aimed at the implementation by the member states of measures in competitive policy and contributes to the launch of joint research and industrial projects, allows to increase the competitiveness of products, reduce production costs, ensure joint access to the external market.

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Voloshanivska, Tetiana, Liudmyla Yankova, and Oleksandr Tarasenko. "ABOUT DATA PROTECTION STANDARDS AND INTELLECTUAL PROPERTY REGULATION IN THE DIGITAL ECONOMY: KEY ISSUES FOR UKRAINE." Baltic Journal of Economic Studies 8, no. 4 (November 30, 2022): 40–49. http://dx.doi.org/10.30525/2256-0742/2022-8-4-40-49.

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Changes that are constantly taking place in the digital economy cause increasing instability of legislation in the field of data protection and security. For example, in Ukraine, under martial law, there is an urgent need to adapt the legal regulation to European data protection standards (in terms of personal data processing). First of all, the correlation between EU law, national law of the EU Member States and national legislation of the EU candidate countries results in the principle of direct effect of EU law. In addition, EU data protection law has become an essential source for EU Member States in regulating artificial intelligence (AI), e-commerce and the Internet of Things (IoT). The article considers the specific topic of the conditions of approximation of international norms and legislation of Ukraine to EU law, trying to answer the questions of personal data protection in the conditions of martial law that have arisen. This work is based on a comparative analysis of the General Data Protection Regulation 2016/679 and internal data protection rules in Ukraine. At present, the research purpose of the article is to reveal the fact that data protection is a specific category of procedural law based on the principles of intellectual property law regarding data access rights and data ownership rights in the digital economy.

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Ancevska Netkovska, Кaterina. "Trips Agreement and Pharmaceutical Inventions." Macedonian Pharmaceutical Bulletin 56 (2011): 71–78. http://dx.doi.org/10.33320/maced.pharm.bull.2010.56.009.

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Existence of contemporary, modern legal regulations in a certain segment of the national legal system, such as legal regulation of intellectual property rights is an assumption, but not a guarantee for the presence of efficient protection of these rights. The Agreement on Trade-Related Aspects of Intellectual Property Rights-TRIPS is one of the most important documents related to the trade of intellectual property rights. This Agreement is one of the most important acts on harmonization and implementation of intellectual property rights at multinational level, whereby the intellectual property is assigned a new dimension-world globalization of this field, also promoted by technology development. Medical technology is an area of huge progress of concern to all of us. Finding an optimum in intellectual property protection among short-term interests in the maximum approach and long-term interests in promoting creativity and innovation is not always easy. Trying to transfer that at international level is even harder than in national, domestic conditions. Maybe the most interesting and exciting field of activity is definitely that of pharmaceutical inventions, where tension exists between the need to determine the landmark for research and development of new pharmaceuticals and the need for allowing greater availability of the existing pharmaceuticals. The acceptance of TRIPS Agreement means a way to establish legal and economic cooperation with European Union countries and all other countries. International standards oblige Republic of Macedonia to continuously harmonize our law with international conventions in the field of intellectual property rights.

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Ahrens, Hans-Jürgen. "Das deutsche Modellgesetz für Geistiges Eigentum (GGE) - Wissenschaftlicher und gesetzgeberischer Bedarf auch für die Europäische Union?" European Review of Private Law 22, Issue 6 (December 1, 2014): 943–53. http://dx.doi.org/10.54648/erpl2014068.

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Abstract: The German Association for the Protection of Intellectual Property Law (GRUR) supported the private scientific project by which a draft Code of Intellectual Property was developed as a model law. Supporting experts from the German Federal Supreme Court, the Federal Patent Court, the German Bar and the German Patent and Trademark Office made inspiring suggestions to the scientists. The core of the code is the forming of a common general part for IP rights. The existing separated German statutes on IP are reproduced in a version adapted to the general part. Additional model rules are made for the employees' creations. The model law can serve as a framework and provide food of thought for the future design of IP legislation of the European Union, e.g., in the field of contractual exploitation of IP rights. The German full edition was published in 2012, an abbreviated English edition in 2013, each by Sellier European law publishers. Resumé: L'association allemande pour la protection du droit de la propriété intellectuelle (GRUR) a soutenu le programme scientifique privé visant à mettre en oeuvre un projet de Code de la propriété intellectuelle qui servirait de loi type. Des spécialistes de la Cour suprême fédérale allemande, de la Cour fédérale pour les brevets, du Barreau allemand et de l'Office allemand des brevets et des marques ont émis des suggestions intéressantes pour les scientifiques. L'essentiel du Code consiste en l'élaboration d'une partie générale commune aux droits de la propriété intellectuelle. Les lois séparées allemandes existant en matière de propriété intellectuelle sont reproduites dans une version adaptée à la partie générale. Des règles types supplémentaires ont été ajoutées pour les créations des employés. La loi type peut servir de cadre et fournir matière à réflexion pour l'élaboration future de la législation sur la propriété intellectuelle de l'Union européenne, par exemple dans le domaine de l'exploitation contractuelle des droits de la propriété intellectuelle. L'édition complète allemande a été publiée en 2012 et une edition anglaise abrégée en 2013, toutes deux chez Sellier European law publishers.

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Simões, Bruno G. "Cross-Border Intellectual Property Rights in Digital Data: The Legal Framework in Europe and the United States in the Light of ClearCorrect v. US International Trade Commission." Global Trade and Customs Journal 11, Issue 2 (February 1, 2016): 46–56. http://dx.doi.org/10.54648/gtcj2016008.

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The article will address the authority of the European Union (hereinafter, EU) to detain goods at its borders that infringe, or are suspected of infringing, intellectual property rights (hereinafter, IPRs), in part through a comparison of similar regulations in the United States (hereinafter, US), and especially with respect to the detainment of digital goods. On 10 November 2015, the US Court of Appeals for the Federal Circuit released its Opinion in ClearCorrect Operating, LLC v. United States International Trade Commission, a case that, in part, examines the definition of ‘article’ under section 337 of the US Tariff Act of 1930. In the EU, Regulation (EU) No. 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No. 1383/2003 entered into effect in 2014. This regulation expanded the scope of competent authorities in EU Member States to detain suspected infringing goods at the EU’s borders, including new powers to detain and destroy ‘small consignments’ of such goods absent a formal decision confirming an infringement of an intellectual property design right. EU courts have yet to address the issue of whether digital data transmitted electronically applies to such legislation. The article will provide a review of the recent Opinion of the US Court of Appeals for the Federal Circuit, as well as an analysis of the relevant EU framework.

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Lu, Zichen. "Antitrust Regulation in the Field of IP of MNEs in the New Era: Starting with the Patent Tying Behaviour from the Perspective of Comparative Law." Journal of Education, Humanities and Social Sciences 1 (July 6, 2022): 195–202. http://dx.doi.org/10.54097/ehss.v1i.661.

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With the vigorous development of patented technology, the problem of some large multinational enterprises implementing monopoly behaviour by abusing intellectual property rights such as patent tying is becoming more and more prominent. This has had a great impact on fair market competition, especially in those developing countries. Combined with the regulation of China’s Antitrust Law and other legal systems on this issue at the present stage, and based on the analysis of its imperfections, this paper explores the excellent achievements in international attempts such as the principle of the rationality of the United States and the comprehensive analysis method of the European Union. In the context of TRIPS, countries all over the world need to pay close attention to how to regulate the monopoly caused by the abuse of intellectual property rights, including patent tying. It is concluded that to better resist the monopoly of abusing intellectual property rights and develop the new driving force of a domestic innovative economy, China needs to start with the substantive concept and clarify the clear meaning, definition standards, and rank order of relevant legal concepts and systems. It also needs to up special authoritative law enforcement agencies to regulate the monopoly of multinational enterprises abusing intellectual property rights, innovate their punishment methods, strengthen the punishment, and better ensure fair market competition.

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Journal articles on the topic 'Intellectual property – Law and legislation – European Union countries'

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