Journal articles on the topic 'Unified protection of the intellectual property rights'
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1
Xue, Ni. "Research on Intellectual Property Protection under Network Information Sharing Environment." Applied Mechanics and Materials 687-691 (November 2014): 1991–94. http://dx.doi.org/10.4028/www.scientific.net/amm.687-691.1991.
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As a powerful weapon of an acceleration of technological progress and economic development the intellectual property protection system also has an unprecedented attention. The development of digital technology significantly increased possibility of the intellectual property infringement behavior. In this paper, the network sharing of information is bound to increase behaviors network infringement of intellectual property rights, and increase the difficulty of intellectual property protection. Through summarizing the characteristics of network intellectual properties and information network sharing under the network environment, the contradictory and unified relationship between network sharing and intellectual property protection is made in-depth analysis. This paper attempts to think the rationality of the existence of intellectual property rights under the network environment, and research the legitimacy of Internet intellectual property rights and Internet environment protection of intellectual property rights interests balance theory and incentive theory problems.
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Ponomarenko, Mykhailo. "Intellectual property rights in software." Law Review of Kyiv University of Law, no. 1 (May 5, 2021): 218–21. http://dx.doi.org/10.36695/2219-5521.1.2021.42.
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The article presents an urgent scientific problem, which is the need to establish the impact of reliable protection of intellectualproperty rights on software and its individual elements on the Europeanization of public administration in Ukraine, improving theinvestment climate, saving labor, accelerating public and private enterprises, institutions, organizations and boosting economic growth.Intellectual property rights underlie all the software industry. This term refers to a number of intangible property rights to an assetsuch as software. Each «right» to intellectual property is itself an asset, part of the overall property system. The law provides differentmethods of protecting these property rights depending on their type.There are essentially four types of intellectual property rights related to software: patents, copyrights, trade secrets, and trademarks.Each provides a different type of legal protection. Patents, copyrights, and trade secrets can be used to protect the technologyitself. Trademarks do not protect the technology, but the names or symbols used to distinguish the product on the market.Software can take the form of a computer program, a website, a mobile application, a distribution, and so on. Each of these formsmust consist of program code and personalization tools.In the current realities of digitalization of state and business review processes, intellectual property plays a role in shaping the economicstability of the state. The rapid pace of emergence and growth of technology, the spread of difficult foreign terminology in the fieldof software leaves room for research, creating new challenges and conditions for the synthesis of social sciences and engineering.Studying technologies, mastering and systematizing the principles of software – this is the main task facing lawyers-scientists inthe field of intellectual property.The lack of the combination in a single scientific work practical knowledge of programming and legal theories and practices ofsoftware protection creates a field for reflection and research on this topic.Because of the lack of scientific base and clear terminology in the field of software, problematic in Ukraine are the taxation ofoperations for the creation and implementation of software, legalization of relations between developers, and as a consequence – thelack of a unified policy for auditing and monetary evaluation of implemented computer programs.
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Malets, Marta. "Characteristics of administrative and legal regulation of intellectual property : genesis of development." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 10, no. 37 (March 22, 2023): 166–73. http://dx.doi.org/10.23939/law2023.37.166.
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The article is dedicated to a comprehensive study of theoretical and practical issues of administrative and legal regulation of Intellectual Property (IP) as the main element of innovative activity. A particular research has been conducted into the scientific background of administrative and legal regulation of intellectual property. The role definition of intellectual property in the innovative development of the state economy and Ukrainian society is highlighted. The mode of formation, i.e. genesis of administrative and legal regulation of intellectual property is outlined as well as expansion of legislation in this particular sphere is analyzed. The administrative and legal aspects of regulating the activities of intellectual property protection entities are specified. The research denotes some growing tendencies of intellectual property law and a number of directions in its further progress which is expressed in globalization of the law and in transition from protection of material property rights to information protection. It is stated in the article that existing intellectual property model or paradigm as well as administrative and legal regulation establishment do not reflect the characteristic, concrete public relations in a modern information society. The priority of the principle of full control of the right holder over the use of the object of intellectual rights leads to the fact that the development of legislation in the field of intellectual property is carried out in the form of strengthening the protection of intellectual rights, i.e. without adapting to the needs of the information society and innovative activity. It is emphasized that formation of conceptually unified single legal space for administrative and legal regulation of intellectual property directly determines efficiency of the process of an innovative development itself. Compliance to conceptually unified approach at developing strategy will definitely determine the outcome.
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BORTNIKOVA, Mariana, Nazar STASIUK, and Yaryna KROKHMALNA. "Specific features of intellectual property rights protection under the crossing of customs border of Ukraine by goods." Economics. Finances. Law, no. 12/2 (December 29, 2020): 5–9. http://dx.doi.org/10.37634/efp.2020.12(2).1.
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The paper investigates the problems of protecting intellectual property rights when goods crossing the customs border of Ukraine. The necessity of reforming the national system for the protection of intellectual property rights and bringing it into line with international legislation has been proved. The proposed projects of changes in domestic legislation, contributing to the implementation of the EU mechanisms for the protection of intellectual property rights at customs, and will allow to strengthen the fight against counterfeit and pirated products during their movement across the customs border of Ukraine are considered. Analyzed the main normative legal acts on the research problem, and developed a methodology for customs control and customs clearance of goods containing intellectual property. The paper describes the most common violations in the field of intellectual property rights, among the main authors highlighted the problems of parallel import and patent trolling. It is noted that an important step towards the protection of intellectual property rights was the creation of an appropriate customs register of objects of intellectual property rights as part of the Unified Automated System of the State Customs Service. The specified system includes the established procedure for online registration of the corresponding objects of intellectual property rights, which makes it possible to reduce the time for consideration of applications and their placement. It is indicated that the protection of intellectual property rights provides for an increase in the level of prevention and counteraction to the movement across the customs border of Ukraine of goods that violate such rights, and helps to cleanse the domestic market from counterfeit products. Today, a new Customs Register of Intellectual Property Objects is being formed and a center for operational expertise is being created.
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McMahon, Joe, and Catherine Seville. "IV. Intellectual Property." International and Comparative Law Quarterly 50, no. 3 (July 2001): 714–24. http://dx.doi.org/10.1093/iclq/50.3.714.
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This Journal's previous piece on current developments in EC intellectual property noted that this area of law is dominated by the drive towards harmonisation.1 This drive continues, and its success has been such that it can now begin to be seen in an overarching context of globalisation. The idea of a unified global system for the protection of intellectual property now seems at least conceivable, even if not immediately achievable. It is even possible to state that some stages have been achieved on the journey, most notably the TRIPs Agreement. Since adherence to this is a requirement of World Trade Organization (WTO) membership, the arguments in its favour have suddenly become “persuasive”. It represents a tremendous achievement in terms of the protection and enforcement of intellectual property rights throughout the world. The World Intellectual Property Organisation's contribution here and elsewhere has been immense.
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Sopilko, Iryna, Valeriia Filinovych, Liliia O. Pankova, Serhii V. Obshalov, and Kostiantyn O. Chaplynskyi. "Protection of Intellectual Property Rights from Cyber Threats in the Global Information Environment." Novum Jus 17, no. 1 (April 1, 2023): 237–58. http://dx.doi.org/10.14718/novumjus.2023.17.1.10.
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The encouragement of creative, scientific, inventive activity and business competition largely depends on the solid protection of intellectual property and related rights on the internet. The problem of such protection lies in the transnational nature of the internet, the absence of a unified centralized management, the difficulty of proving infringements, as well as in the insufficient regulation of this issue. This article analyses the protection of intellectual property rights on the internet in Ukraine, the potential and real threats to them in the cybernetic domain, and the key areas of related activity of state bodies and individuals. The research uses a method of synthesis and analysis, comparative legal analysis, and systemic and formal-logical methods. This article analyses the normative legal documents of Ukraine on intellectual property and rights on the internet, points out their shortcomings, and provides advice on their use. Recommendations are given on how to ensure the protection of intellectual rights through preventive measures and subsequent judicial and extrajudicial proceedings, indicating ways to ensure cybersecurity in relation the intellectual property of individuals.
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Kovalev, Victor, Oksana Falchenko, Veronika Vyazovskaya, and Alexander Semin. "PRACTICE OF PARALLEL IMPORTING: PROTECTION OF INTERNATIONAL COMPANIES' TRADEMARKS RIGHTS IN RUSSIAN FOREIGN TRADE." CBU International Conference Proceedings 5 (September 22, 2017): 237–41. http://dx.doi.org/10.12955/cbup.v5.932.
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The paper is devoted to the problem of the exhaustion of international companies' trademarks and other intellectual property objects rights in the foreign trade practices of Russia and other countries of the Eurasian Economic Union (EEU). The paper focuses on the problems of trade integration through the intellectual property market, since any free movement of goods should always be correlated with respect for the interests of the trademark rights owners. The aim of this paper is to explore the process of parallel importing in the aspect of international companies trademarks intellectual property rights in the Russian Federation and EEU countries and the opportunities and challenges it provides for both manufacturers and importers. The problem of importing products labeled with trademarks through parallel import channels to Russia is being considered using the schemes for the importation of counterfeit goods into Russia through EEU countries. The analysis shows that there are the problems with the application of the mechanisms of trademarks customs protection in practice. The main problem is the lack of unified legislation for intellectual property protection in EEU members.
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Solodukhina, Olga I., Irina V. Minakova, and Anna Baroian. "Customs Regulation of Cross-Border Movement of Goods Containing Intellectual Property Objects in the Context of Eurasian Integration." SHS Web of Conferences 110 (2021): 01024. http://dx.doi.org/10.1051/shsconf/202111001024.
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A condition for the effective integration of Eurasian Economic Union member states economies is creating a set of mechanisms for the use of intellectual property objects in modern circumstances. With significant intellectual potential existing in the EAEU countries, the process of commercialization and use of intellectual property objects is not carried out sufficiently. Considering the main purpose of the Union's functioning, this problem has to be solved comprehensively and consistently. The article presents the main results of study of customs regulation system of goods containing intellectual property objects crossborder movement in the context of Eurasian integration. It is noted that the violation of intellectual property rights occurs not only among competing companies as a plagiarism or industrial espionage, but also within framework of agreements concluded between copyright holders and users of intellectual property rights. The EAEU countries cooperate and organize interaction of authorized bodies also to form a unified system of intellectual property rights protection within the EAEU, SCO, BRICS, as well as the WTO. In order to improve the system of customs control of goods containing intellectual property objects, constant adjustments and modernization of methods for controlling the intellectual property objects movement across the customs border of the EAEU are required to ensure the maximum possible protection of intellectual property holders from illegal actions of third parties. The publication was made within the framework of the state assignment for 2021 No. 0851-2020-0034
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Bulat, Ievgeniia. "Legal aspects of protection of intellectual property objects in mining engineering." E3S Web of Conferences 109 (2019): 00011. http://dx.doi.org/10.1051/e3sconf/201910900011.
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The innovative model of development of Ukraine requires implementation of measures aimed at stimulation and protection of intellectual property objects and development of such improved legislative basis in this sphere that would allow not only to preserve existing scientific potential but also to ensure proper protection of the rights of creators of such objects with possibility of their further commercialization. The necessity and expediency of introducing this legal protection improvement is shown on the example of such objects as scientific discoveries in mining engineering, business methods and innovative proposals. The article is devoted to the improvement of mechanism for legal protection of intellectual property rights to the intellectual activity results in context of integration processes that take place in Ukraine. A unified approach is proposed, which assumes revealing in practical part of each claimed object its protectable part, followed by procedure of patenting in accordance with the procedure stipulated by the current legislation.
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Ruzakova, Ol’ga A. "Features of the Use of Digital Technologies in the Field of Protection and Turnover of Intellectual Rights." Rossijskoe pravosudie, S1 (October 5, 2022): 125–38. http://dx.doi.org/10.37399/issn2072-909x.2022.si.125-138.
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Taking into account the regulatory legal framework that has been formed in recent years, in particular, the Federal Law of March 18, 2019. No. 34-FZ «On Amendments to Parts One, Two and Article 1124 of Part Three of the Civil Code of the Russian Federation”, etc., discusses the problems of using digital technologies, including digital assets, digital platforms in relation to the turnover of intellectual property rights to the results of intellectual activity and equated means of individualization of goods, works, services, enterprises and their protection, in particular, the problems of creating a register of intellectual property objects based on the blockchain system, features of the activities of individual participants in relations in the field of the Internet, as well as the relationship between the right to information in modern conditions and the rights of authors and other copyright holders to protected results of intellectual activity. Particular attention is paid to the problems of terminology in the digital environment, the concept and types of digital rights, including utilitarian digital rights, in relation to the results of intellectual activity, as well as the importance of the blockchain system and artificial intelligence in the creation of intellectual activity results, their turnover and protection, including objects, created at the expense of budgetary funds on the basis of Federal Law No. 456-FZ dated 22.12.2020 “On Amendments to Parts Two and Four of the Civil Code of the Russian Federation and Invalidation of Legislative Acts (Certain Provisions of Legislative Acts) of the Russian Federation”. The main problems that the use of digital technologies and the creation of unified registers of intellectual property rights objects are aimed at solving are highlighted. Among them are the problems of determining the rightholder, making accelerated transactions for the disposal of rights to protected objects and some mechanisms for their solution are proposed, in particular, the conclusion that it is necessary to use the blockchain system to form a register of intellectual property objects primarily for the individualization of rightholders, the disposal of exclusive rights and their protection.
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Luo, Liya. "Application of Blockchain Technology in Intellectual Property Protection." Mathematical Problems in Engineering 2022 (June 8, 2022): 1–12. http://dx.doi.org/10.1155/2022/4641559.
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The emergence of digital copyright in the internet era altered the traditional method of information dissemination and triggered a new copyright revolution, which benefited copyright owners by increasing revenue. However, as a result of the efficiency and convenience of technical capture, the data-based form of copyright faces new challenges and the emergence of a large number of infringement acts has become a barrier to the development of the digital copyright industry. Blockchain technology is decentralized, impenetrable, timestamped, traceable, and capable of smart contracts, among other characteristics. It was initially applied in the financial sector before being expanded to other sectors, resulting in a variety of blockchain + X models. The application of blockchain technology to digital copyright protection represents an attempt to protect copyright owners’ rights through the use of a novel technical method and protection concept, and it has a bright future. This study analyzes the current state of digital copyright protection in detail, discusses the benefits of applying blockchain technology in three areas: digital copyright registration and confirmation, transaction monitoring, and evidence maintenance, as well as the potential difficulties associated with the application of blockchain technology, and finally considers and proposes the system design for blockchain technology in the application of digital copyright protection. The study discovered that by utilizing blockchain technology to establish a unified blockchain digital copyright protection platform, it is possible to completely and efficiently record the entire process of copyright registration and confirmation, monitor data capture infringement, provide objective electronic evidence, reduce the cost of copyright owner rights protection, and increase the success rate of judicial remedies.
12
Polishchuk, Artem. "Consideration of intellectual property law in the context of European Union practice." Law. Human. Environment 15, no. 1 (January 27, 2024): 70–84. http://dx.doi.org/10.31548/law/1.2024.70.
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The development of effective legislation on intellectual property in the context of shaping a digital society is an important issue for ensuring the stable development of innovation and protecting creators’ rights. The aim of the work is to analyse the constitutional and international principles of legislative regulation in the field of intellectual property law in the European Union to improve its legal regulation in Ukraine. The scientific basis was the application of the dialectical method as a way to delve deeper into the issues of intellectual property law, as well as the use of methods such as detailing and synthesis, abstraction, analysis and synthesis, and comparative legal method. The peculiarities of legislation on intellectual property in Ukraine and the European Union have been studied, revealing the lack of unified legal regulation of intellectual property issues. Experience confirms that institutional support is necessary for the field of intellectual property in Ukraine. To determine an effective state policy, it is necessary to develop and implement new terminology in the field of copyright protection. In the past, insufficient international cooperation has led to Ukrainian legislation not meeting modern requirements, especially in actively developing areas that require special terms and designations for the protection of intellectual work results. Based on the results of the conducted research, it has been established that the system of intellectual property protection in Ukraine is developing and requires constant improvement. The existence of violations of intellectual property rights indicates the need for the implementation of a programme to improve this system, as state protection of intellectual property is the main aspect of developing an innovative economy and increasing Ukraine’s competitiveness. In other words, due to significant gaps in legislation, manufacturers of innovative products will not rush to introduce them to the Ukrainian market, and high-tech start-ups are not protected from unfair copying of ideas. Also, based on the research results, gaps have been identified in the regulation of legal regimes for texts, music, and images generated by artificial intelligence. The research results can be useful for legislators working on improving legislation on intellectual property and for the development of strategies for managing intellectual property, which will contribute to increasing competitiveness and innovative development of business
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LETOVA, ELIZAVETA. "OBJECTS OF NATURE IN THE SYSTEM OF INTELLECTUAL PROPERTY RIGHTS." Gaps in Russian Legislation 15, no. 6 (November 25, 2022): 160–67. http://dx.doi.org/10.33693/2072-3164-2022-15-6-160-167.
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The purpose of the study. In this article, the author examines the features of objects of nature that are protected results of intellectual activity, as well as the features of biomedical cellular products, which, being objects of nature, are not embedded in the system of objects of intellectual property rights. The signs of various objects of nature are analyzed: breeding achievements, strains of microorganisms, biomedical cell products, comparative characteristics of various modes of protection of such objects are carried out. The author comes to the conclusion that it is expedient to develop a unified approach to the legal regulation of all objects of nature, formulate uniform criteria for the protectability of biological objects and form a common legal regime for objects potentially corresponding to the characteristics of a biological object. It is proposed to interpret breeding activity broadly as creative activity aimed at creating new and improving existing plant varieties, animal breeds, strains of microorganisms and biomedical cell products.
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Abakumova, Ekaterina. "Promising avenues of the Russian Federation participation in the international cooperation in the sphere of copyright protection." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2020, no. 3 (October 2, 2020): 73–79. http://dx.doi.org/10.35750/2071-8284-2020-3-73-79.
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The article is devoted to the study of issues of international legal regulation of relations in the sphere of copyright protection. First of all, the author’s attention is drawn to the increasing global trend towards synchronization of national regimes of protection of intellectual property rights, the starting point of which was made in the XIXth century with the adoption of the Berne Convention. The escalation of the problem in question is related to the Internet possibilities of instant data transfer to multiple remote users that leads to speed and a great scale of intellectual property results sharing. The author gives undeniable arguments that the search for solution of the problem of illegal use of works on the Internet will be a determining factor for the consolidation of the world community with the subsequent unification of legal regulation of cross-border copyright relations. The promising avenues of international cooperation in the examined field are the following: 1) creation of a global registry of Internet sites, access to which should be restricted because of intellectual property rights violations; 2) creation of a unified international database of copyright and related rights
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G, Androshchuk. "Intellectual property and artificial intelligence: who is the author?" Artificial Intelligence 27, jai2022.27(1) (June 20, 2022): 166–82. http://dx.doi.org/10.15407/jai2022.01.166.
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The economic and legal aspects of the regulation of artificial intelligence (AI) technologies, their influence on scientific and inventive activity are studied. The role of protection of intellectual property (IP) - (patent and copyright) in different economies and jurisdictions in ensuring the balance of competing interests, identifies existing problems and identifies ways to solve them. AI is seen as one of the most important dual-use technologies, a new challenge for the economy and the legal system, a new phenomenon that has a multiplier effect, a legal phenomenon in the structure of legal relations, a new object for legal regulation. AI is able to generate and create various works - science, literature and art. These circumstances raise problems of recognition of authorship, the possibility of authors to dispose of their rights and their use of mechanisms for legal protection of IP objects. The main provisions of the Resolution of the European Parliament of October 20, 2020 on intellectual property rights in the development of artificial intelligence technologies (2020/2015 (INI)), the Resolution of the International Association for the Protection of Intellectual Property (AIPPI) 2020 on the inventory of inventions using AI. The analysis of the legislative and law enforcement practice of the European Patent Office (EPO), the US Patent and Trademark Office (USPTO) and the UK Intellectual Property Office (UKIPO), regional and international documents on the regulation of AI and IP, provides an opportunity to form a unified approach to interpretation of the criteria of protection of the results of AI activities in different jurisdictions, to apply the mechanisms of legal protection of IP objects in the national legislation, emphasizes the importance of IP policy for national security
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Shabalin, Andrii. "Some aspects of judicial protection of civil legal relations in Estonia." Theory and Practice of Intellectual Property, no. 6 (February 27, 2023): 64–71. http://dx.doi.org/10.33731/62022.274648.
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Keywords: intellectual property law, codification, EU, civil procedure, civil law,CPC of Estonia
The scientific article examines the peculiarities of the civil proceduralorder for the protection of law in Estonia. Attention is paid to the genesis of modernEstonian civil justice, the peculiarities of some civil legal procedures for considerationand resolution of civil cases are established. It is concluded that all civillegal disputes are resolved according to the rules of civil proceedings, includingdisputes about the protection of intellectual property rights and the protection ofownership rights to immovable property. Instead, there are exceptions — these aredisputes related to European patents, which are resolved in accordance with theAgreement on the Unified European Patent Court. This approach is fully in linewith the pan-European digitalization strategy. Attention is also paid to the implementationof European legal standards in civil justice in Estonia. Thus, it is indicatedthat Estonian courts must follow the relevant practice of the European Courtof Human Rights when deciding civil cases. In Estonia, the Supreme Court canturn to the European Court of Human Rights for an advisory decision on the application,interpretation, and interpretation of the law guaranteed by the Conventionon the Protection of Human Rights and Fundamental Freedoms. Moreover, theparticipants in the legal process, in case of disagreement with the decision of theEstonian courts, including the Supreme Court of Estonia, have the right to appealto the European Court of Human Rights and the Court of Justice of the EU. It is stated that in the Estonian civil process there is a special procedure for the collectionof evidence in accordance with the requests of the EU member states to Estonia.Based on the research, theoretical conclusions and recommendations of relativelyeffective ways of updating (unification, codification) Ukrainian legislationwere formulated, in particular in the aspect of its adaptation to EU legislation.
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Pypіak, M., A. Koval, and D. Kolesyuk. "Reform of legal regulation of intellectual property in the conditions of European integration." Uzhhorod National University Herald. Series: Law, no. 71 (August 25, 2022): 136–40. http://dx.doi.org/10.24144/2307-3322.2022.71.22.
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The article examines the legal basis for the protection of intellectual property rights in the EU and in Ukraine. The main aspects of the development of intellectual property rights in Ukraine in accordance with EU requirements have been identified. The analysis of the basic normative-legal acts in the certain sphere is carried out. The nearest prospects of further development of the domestic legislation in the field of protection of the intellectual property right are outlined. The task of creating conditions for proper and effective protection of intellectual property rights in Ukraine is analyzed.
EU law is a unique independent legal system that develops slightly differently than the legal systems of individual states that are integrated into it, other than the system of international law, which provides fruitful ideas for the development of European law. That is why it seems quite interesting to study the branches of the EU legal system, which is based on the «constitutional» ideas of a new, supranational nature. The EU’s integration law, which has been formed for more than half a century, represents a complex set of legal instruments regulating and directing the processes of comprehensive integration carried out within the European legal space. Eu enlargement processes lead to the fact that its harmonized and unified law gradually and naturally, directly and indirectly, affects the legal systems of European countries. The right to «truly invok» the new galuzz of the law of the US, so it remains an hour to allow the «intensively to realize» that in the same way the legal pre-member of the Region in the spheres of legal life is still in the area. for the same standards of law, the buli is an important official to the bottling of the national legality of the real rights.
I look at those who voted in one of the strategic areas. the beginning of the adaptation of the adaptation of the law of Ukraine to the legality of the «S» in the spheres of the «intellectual» ‘The yaku z Viconanny’s mzhnarny gobov’yazan Ukraine that zadda gusda about the partnership that spivrobnittvo in Ukraine EU.
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Tchinaryan, Elena Olegovna, Evgeny Sergeevich Kuchenin, Vladimir Lvovich Slesarev, and Andrey Vladimirovich Ryzhik. "Human rights in the age of digitalization." LAPLAGE EM REVISTA 7, no. 2 (January 7, 2021): 119–25. http://dx.doi.org/10.24115/s2446-6220202172694p.119-125.
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At the very beginning of the 21st century, some experts agreed that the dispersal of the political and cultural initiative of network societies tends to reduce the unified control over political and cultural activities. This process leads to the accessibility of information to the general population and increases the scale of democratization of society. The accessible Internet environment has had a positive impact on the openness of information; however, it has harmed the protection of users' data. Gerald Cohen, a professor at the Georgetown University Law Center, who is an expert in intellectual property and copyright protection, recommends considering Internet utopianism through a system of legal values. It is important to note the utopianism that links the Internet network and human independence considering utopianism in the field of anonymity in more detail, as something that harms social institutions. Cohen also outlines the view that existing legal institutions are the basis for protecting human independence, as well as the importance of creating new legal institutions.
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Izgagina, T. Yu. "Counteracting the distribution of counterfeit products in the EAEU conditions." Juridical Journal of Samara University 8, no. 3 (January 18, 2023): 19–31. http://dx.doi.org/10.18287/2542-047x-2022-8-3-19-31.
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The article is devoted to the issues of countering the spread of counterfeit products on the territory of the Russian Federation in the conditions of the functioning of the EAEU . The article presents statistical information characterizing the work of Russian customs authorities in this area. The measures taken by the member states of the EAEU for labeling products are analyzed; the problems of ensuring the protection of intellectual property rights when using national registers of trademarks TROIS are considered. The author proposes measures to improve efficiency in ensuring the protection of intellectual property rights: harmonization of the legislation of the EAEU member states; take measures to make the EAEU TROIS work; creation at the supranational level of unified information systems, both in terms of functioning of the TRIP , and in terms of ensuring the traceability of labeled goods; law enforcement agencies should take comprehensive measures when investigating cases of administrative offenses and criminal cases, not limited only to identifying persons who directly sell counterfeit (falsified) goods, but should establish the entire chain of persons involved in offenses.
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Soldatenko, Darya. "Industrial Intellectual Property as the EU’s Innovative Development Factor." Contemporary Europe 104, no. 4 (August 1, 2021): 107–18. http://dx.doi.org/10.15211/soveurope42021107118.
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The article addresses correlation between the use of different intellectual property objects and the general goals of innovation policy of the EU. The subject of the research is industrial intellectual property along with trademarks and patents for inventions. The research period is limited to 2010‒2019. Based on the data from annual European innovation board and analysis of the dynamics of the activity of the EU member states in the field of intellectual property, the author identifies a group of EU countries that have the biggest potential in the use of the stipulated industrial property. It is show that trademark protection is mostly used in the medium and high-tech industries of the sample countries. However, there is a certain differentiation in the scale and dynamics of its application. Moreover, the author points out a high interest of the third countries such as USA, Japan and China in obtaining competitive advantages in the EU market through registration of a trademark in the European Union intellectual property office. The unified patent system in the EU is still at the preliminary stage as the most used national patent systems within the EU are the German and the French ones. The analysis demonstrates advantages of intellectual property systems in the Netherlands and Sweden. The author concludes that the successful implementation of the EU innovation policy through the creation of a system of exclusive industrial property rights is under way.
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Fedulkin, D. P., and V. G. Zinov. "Problems of management of rights to the results of intellectual activity created using budget funds." Economics of Science 5, no. 1 (May 17, 2019): 40–66. http://dx.doi.org/10.22394/2410-132x-2019-5-1-40-66.
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The article analyzes the problems arising from the commercialization of scientific results obtained using budgetary funds, due to the unresolved number of fundamental issues of managing the rights to such results of intellectual activity. The legal uncertainty of the agreement on the provision of subsidies for budget financing of research and the lack of a unified methodology for managing the rights of the Russian Federation to the obtained scientific and technical results are revealed. The authors showed that significant budgetary funds allocated for research in the framework of full life cycle projects, in the absence of a codified set of rules for creating intellectual property, cause serious problems in terms of the country’s successful scientific and technological development. As real measures to overcome the causes that are the source of risks for the implementation of ambitious plans for the scientific and technological development of the economy, the authors propose to develop and adopt uniform rules defining principles and measures for managing rights to the results of intellectual activity, ranging from the formation of an order, conditions and grounds for the distribution of rights to results of intellectual activity, as well as giving the Federal Agency full of powers and responsibility in the system of state policy. The proposed approach is necessary in justifying commitments to bring the development to the stage of industrial application and sale of finished products, as well as commitments to monitor the use of intellectual property and make decisions about the reasonableness of maintaining their legal protection.
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Zaikivskyi, Oleksandr, and Oleksandr Onistrat. "State national security policy and intellectual property issues." Theory and Practice of Intellectual Property, no. 3 (September 7, 2021): 19–33. http://dx.doi.org/10.33731/32021.239573.
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Keywords: state policy, national security, intellectual property
National security (“NS”) of Ukraine is achieved through a balancedstate policy in accordance with accepted doctrines, strategies, concepts and programsin such areas as political, economic, social, military, environmental, scientific andtechnological, information, etc.However, many theoretical and practical issues concerning the definition of thecontent, challenges, tasks and mechanisms of implementation of effective functions ofpublic policy and management decisions for the further development of social processesstill remain insufficiently studied. Therefore, the main tasks of the NS system subjectsare constant monitoring of the impact on NS of processes taking place in variousfields (including intellectual property), forecasting, identifying and assessing possiblethreats, destabilizing factors and conflicts, their causes and occurrence consequences.In particular, the impact on NS (especially on defence capabilities) of the significantdevelopment of intellectual property and the full use of intellectual property rights isnot taken into account at all.State NS policy should include measures to prevent the emergence and neutralizationof sources of threats to NS under the influence of the development of intellectualproperty.Theoretical aspects of the state policy of National Security and Defence of Ukraine(“NSDU”) development are considered. The necessity of current problems definition inthis sphere and the inclusion of intellectual property questions in these processes isinvestigated. It is determined that the effective implementation of the state NS policyis impossible without a comprehensive analysis of intellectual property issues impacton the sphere of the NSDU. The importance of further research on the development ofa unified approach to improving the protection of intellectual property and its determinationas a component of NSDU, the development of appropriate recommendationsto address issues of intellectual property in this area and to neutralize sources ofthreats under the influence of intellectual property in the structure of NSDU.
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Viken, Monica. "The Borderline Between Legitimate and Unfair Copying of Products – A Unified Scandinavian Approach?" IIC - International Review of Intellectual Property and Competition Law 51, no. 9 (November 2020): 1033–61. http://dx.doi.org/10.1007/s40319-020-00986-z.
Full textAbstract:
AbstractFreedom of imitation, outside the boundaries of intellectual property protection, can be considered as a prerequisite for free competition in a free market economy. The rules on unfair competition should therefore not serve to extend exclusive rights beyond their scope and term of protection. On the other hand, regulations within national law that prohibit the unfair copying of products may be justified in order to avoid market failure, being directed towards the optimizing of fair competition among honest traders. The borderline between these two opposite positions is regulated with different approaches in the European countries. This article considers the extent to which the public interest in free competition and the protection of a trader against unfair competition function together in a complementary manner under Scandinavian legislation. In the early 1970s, the Scandinavian countries developed a distinctive approach to regulations on unfair competition under the Marketing Laws. This article undertakes an investigation of these regulations relating to the borderline between legitimate and unfair copying as of 2020, revealing the extent to which there is a unified approach to copying in Scandinavia. Differences between the regulations will have influence on the legal relationship and conflicts among traders operating in all three countries, while a unified Scandinavian approach could serve as a robust solution for navigating the borderline between legitimate and unfair copying. Such analysis might also shed light on how a Scandinavian approach fits into a broader European perspective on this borderline. Thus, the aim of this article is to analyze potential different approaches to the tension between the marketing rules outside the boundaries of intellectual property protection and the principle of legitimate copying. Examination of this borderline can be connected to how the trader’s investments and behaviour are balanced against a market-oriented approach to copying.
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Vecellio Segate, Riccardo. "The Unified Patent Court and the frustrated promise of IP protection: Investors’ claims in (post-)Brexit Britain." Maastricht Journal of European and Comparative Law 27, no. 1 (February 2020): 75–104. http://dx.doi.org/10.1177/1023263x19896917.
Full textAbstract:
Tensions between the EU’s legal order and the international investment law regime are not exclusive to the Brexit era, but they certainly gained momentum in the aftermath of this referendum. By incautiously declaring that the UK will remain a party to the Unified Patent System regardless of Brexit, the British government arguably shaped (il)legitimate expectations on the part of investors who aimed at exploiting their intellectual property rights in the UK while benefitting from the judicial protection of the forthcoming Unified Patent Court as much as of the European institutions (and market) as a whole. Indeed, not only the System itself will undergo a process of major rebalancing after London’s departure from the EU, but more importantly, the UK will most probably be unable to retain its membership in the System after the actual delivery of Brexit. These complications trigger a wide spectrum of fundamental dilemmas investing the definition and scope of concepts such as unilateral declaration, indirect expropriation, reasonable expectation, estoppel, and public policy exception, under both EU law and international investment law. It is therefore essential to explore these intersections as to anticipate possible scenarios in the event of both domestic court and international arbitral claims lodged by patent investors pre- and post-Brexit, having due regard for competition concerns on the side of the EU, yet referring to recent Canadian case law which opened the gate to investor-State claims in the field of intellectual property.
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Koval, Iryna. "Grounds and methods of systematization of legislation of Ukraine in the field of intellectual property." Theory and Practice of Intellectual Property, no. 5 (November 17, 2021): 119–27. http://dx.doi.org/10.33731/52021.244530.
Full textAbstract:
Keywords: intellectual property law; systematization of legislation, codification,copyright, industrial property law
The article is sanctified to researchof the modern state of the legislative regulation of intellectual property relations inUkraine and the ways of its improvement in the direction of systematizing the relevantlegislation. Scientific approaches to determining the place of intellectual propertylaw in the legal system of Ukraine are considered. It is shown that now in Ukrainethere is a unique model of legislative regulation of these relations, which includes 3levels: the Civil Code of Ukraine, the Economic Code of Ukraine, special laws regulatingthe protection of rights to inventions, utility models, industrial designs, trademarks,and other objects. Such division of legislative acts is based on different volumeand subject of regulation of legislative acts. As a result of undertaken a study andtaking into account foreign experience two alternative ways of codification of legislationare certain in the field of intellectual property: within the limits of operating theCivil code of Ukraine and Economic code of Ukraine taking into account the differentiationof the subjects of its regulation, or in the direction of individual codifications ofcopyright and industrial property law as institutions intellectual property law. It issubstantiated that the second way has significant advantages over the unified (general)settlement of relations in the field of spiritual and scientific and technical creativitysince it takes into account the essential specifics of these two components of intellectualproperty law, which is due to the difference in the subjects of their regulation.Guidelines for choosing the appropriate direction of codification are proposed.
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Belyakova, Tatiana. "Intellectual Capital of Enterprises and Its Role in the Integral Process." Journal of Social and Development Sciences 3, no. 11 (November 15, 2012): 365–69. http://dx.doi.org/10.22610/jsds.v3i11.722.
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In August 2012 Russia entered the World Trade organization (WTO) and took all the obligations on establishment of this organization according to the Marrakesh agreement. As a participant of the international trade system, Russia obtains a legitimate access to a very much unified legal space and international legal protection guaranteed by WTO norms, which should finally promote development of Russian foreign trade and Russian interests abroad. Thus, annually, within the framework of the world trade, economic participant benefit from application of simplified customs procedures $ 900 bn. Within Russia, according to the data of the Economic Cooperation and Development organization, this benefit may be $18 bn. concerning protection of rights of intellectual property, the Russian Federation has not taken any additional obligations, – and During the period of negotiations the national legislative base was brought in line with the WTO norms. This article is going to consider questions of creation and usage of the intellectual capital in export-oriented innovative enterprises related to development of science and high-technology production, exportation of developed technologies and high-tech products.
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Koval, Iryna. "Grounds and methods of systematization of legislation of Ukraine in the field of intellectual property." Theory and Practice of Intellectual Property, no. 5 (December 29, 2022): 109–14. http://dx.doi.org/10.33731/52022.270914.
Full textAbstract:
Keywords: intellectual property law; systematization of legislation, codification,copyright, industrial property law
The article is sanctified to research of the modern state of the legislative regulation of intellectual property relationsin Ukraine and the ways of its improvement in the direction of systematizingthe relevant legislation. Scientific approaches to determining the place of intellectualproperty law in the legal system of Ukraine are considered. It is shown that now in Ukraine there is a unique model of legislative regulation of these relations, which includes 3 levels: the Civil Code of Ukraine, the Economic Code of Ukraine,special laws regulating the protection of rights to inventions, utility models, industrialdesigns, trademarks, and other objects. Such division of legislative acts isbased on different volume and subject of regulation of legislative acts. As a resultof undertaken a study and considering foreign experience two alternative ways ofcodification of legislation are certain in the field of intellectual property: withinthe limits of operating the Civil code of Ukraine and Economic code of Ukraineallow for the differentiation of the subjects of its regulation, or in the direction ofindividual codifications of copyright and industrial property law as institutions intellectualproperty law. It is substantiated that the second way has significant advantagesover the unified (general) settlement of relations in the field of spiritualand scientific and technical creativity, since it takes into consideration the essentialspecifics of these two components of intellectual property law, which is due tothe difference in the subjects of their regulation. Guidelines for choosing the appropriatedirection of codification are proposed.
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Shvarts, L. V., and S. M. Burova. "Current Problems of International Legal Copyright Protection." Theoretical and Applied Law, no. 1 (April 17, 2024): 60–67. http://dx.doi.org/10.22394/2686-7834-2024-1-60-67.
Full textAbstract:
The article examines the level of international copyright protection from the perspective of such aspects as the urgent nature of copyright protection and the possibility of applying the institution of compulsory license. To this end, the norms aimed at protecting copyright holders in the Russian Federation, the CIS, the European Union and other foreign countries, in particular, in the USA, are analyzed. The most important international conventions in the field of copyright and related rights protection are reflected. The legal basis of the activity of courts in cross-border copyright relations is shown. The actual problems of private international law on the improvement of substantive and conflictof- laws legal regulation in this area are identified. The analysis suggests that the establishment of common criteria for calculating the term of copyright protection in a single unified act is due to the need to combine private and public interests in using the results of intellectual activity and their exceptional importance for the globalization of the world economic and cultural space. Arguments about the possible introduction of compulsory licenses for copyrighted products of foreign companies, by analogy with those already provided for in Article 1362 of the Civil Code of the Russian Federation for objects of patent law, lead the authors to the conclusion that the mechanism of compulsory license should not take a permanent place in the regulation of intellectual property, since it will not significantly help in reducing economic risks and losses.
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Rozghon, Olha. "Strategic management of intellectual property for technology as an object of civil law relations." Law and innovations, no. 1 (45) (March 13, 2024): 16–25. http://dx.doi.org/10.37772/2518-1718-2024-1(45)-2.
Full textAbstract:
Problem setting. The emergence of new technologies, competition, and market instability necessitate solving the problems of adapting an enterprise to external changes in the process of achieving strategic goals to ensure a sustainable and competitive existence, as well as adapting to rapid changes in the context of new technologies. However, strategic management of intellectual property for technology as an object of civil law relations by an enterprise on the basis of a single strategy is not always effective. Analysis of recent researches and publications on the topic shows that many scholars have studied the theoretical, methodological and practical essence of intellectual property strategies and intellectual property management. Thus, the type and nature of the interaction between technology and strategy have been effectively considered by Itami H., Numagami T. Raghavan M., Jain K., Jha S. K., considering the interaction of strategy and technology, based their conclusions on an interdisciplinary study of the strategy of sharing and intellectual property. Soares M. N., Kauffman M. E. developed an intellectual property strategy based on the company’s strategy and business model. Berge E., Kranakis E. in their publication tried to change the position of intellectual property from its current role as a factor of static capital (monopolistic power of the innovator) to a factor of dynamic efficiency (knowledge available to the public for further research). The authors also emphasized the effectiveness of the technology strategy and its coordination with the intellectual property strategy. Maslak V. M., Kobeleva A. V. and Pererva P. G. analyzed the most commonly used strategies for technology commercialization. Somaya D. made a study of patent strategy. Chaikina A. O., Shakun I. V. paid attention to the strategy of socio-economic development of the enterprise. The following scholars have devoted their works to the problems of strategic management and planning of enterprise development: Mikhailenko O. V., Garnaga V. V., Polyukhovych M. V. The issues of strategic management of intellectual property were studied by Kornilova I. M., Olikh L. A., Fedulova L. I. However, there are a number of unresolved issues related to the lack of a unified view of IP strategies, strategic management of technologies as IPR at an enterprise, uncertainty of factors influencing the effectiveness of the technology strategy and its alignment with the IP strategy, and debate on approaches to the formation and implementation of various IP management strategies at an enterprise. The purpose of the research is to determine the aspects of strategic management of intellectual property rights to technology as an object of civil law relations. And the focus of this study will be on an enterprise which will use strategic management of intellectual property for technology as an object of civil law relations in its activities. The novelty of the work lies in the author’s determination of the specifics of combining by an enterprise in its activities of intellectual property management strategies for technology as an object, which will allow to realize the set strategic goals for sustainable and competitive existence, as well as adaptation to rapid changes within the framework of new technologies. Article’s main body. The study has led to the conclusion that a meaningful definition of strategy can be a tool for achieving goals. The article emphasizes that, from the perspective of supporting a particular technological innovation, expansion of patentable objects, protection of intellectual property rights, and sharing of technologies indicate that there is cooperation in innovation between the subjects of innovation activity, and patent pools act as an important link between technologies and the intellectual property strategy of an enterprise. Conclusions and prospects for development. It is determined that since technologies remain important results of scientific and technical activities and relevant strategic resources, it is very important for an enterprise to combine in its activities an intellectual property strategy, a strategy for managing technological intellectual property and a patent strategy as part of an intellectual property strategy to maintain its competitive advantages. It is noted that the technology strategy is more focused on the technology itself, which is the result of scientific and technical activities or a resource (acquisition and use of technology) and can be involved together with the strategy of commercialization of technology rights. The combination of various strategies for managing intellectual property rights to technology as an object of civil law relations by an enterprise in its activities will allow it to realize its strategic goals of sustainable and competitive existence, as well as adaptation to rapid changes in new technologies. The types of strategies that an enterprise may implement with regard to the use of rights to technology as an object of civil law relations presented in this study are not exhaustive and do not exhaust the possible criteria for allocating other types of strategies. Prospects for further research are the criteria for allocating other types of strategies for combining the use of technology rights as an object of civil law relations.
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Turuta, О., О. Zhydkova, and О. Turuta. "PROBLEMS OF POLICY REGULATION ON ROBOTICS." Uzhhorod National University Herald. Series: Law, no. 65 (October 25, 2021): 15–20. http://dx.doi.org/10.24144/2307-3322.2021.65.2.
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The article discusses the main problems in the field of legal regulation of the functioning of the robots, definition of “robot”, as well as the understanding, interpretation, and evaluation of the civil liability for the robot’s actions are viewed in the paper. The article analyses the possibility of endowing robots with legal personality, as well as various approaches to liability for damage caused by a robot to property or to a person. The question is raised about bringing the robot to criminal and civil liability. The question is raised about the regulation of intellectual property rights to an object created by a robot. If a robot creates music, a picture or text, who owns the rights to them: the robot developer or the head of the creative process, whether the robot itself. The article analyses a feature that is very important for the legal perspective of the problem – it is a turn from understanding a robot as an entertainment product to the direction of development and research of social interaction between a robot and a human. The question is raised about the need to adopt new legal norms aimed at regulating the legal status of a robot, liability for damage caused by it, as well as legal problems of intellectual property associated with the functioning of robots. The analysis of the legal frameworks regarding robots in different countries of the world is performed. The article introduces the need to develop appropriate legislative support in the field of robotics: interpreting the term “robot”, determining the legal regime of its functioning, developing a unified approach to liability for harm caused by a robot and developing uniform rules for protecting intel-lectual property rights when using a robot. Legal regulation is necessary not only at the national level, but also globally.
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Michnevisch, L. "Specific of copyright law development in certain ukrainian territories in the interwar period of the 20th century." Uzhhorod National University Herald. Series: Law 1, no. 75 (March 22, 2023): 35–40. http://dx.doi.org/10.24144/2307-3322.2022.75.1.5.
Full textAbstract:
The article is devoted to the characteristics of the legislative provision of copyright law in the lands of Eastern Galicia, Northern Bukovyna, Bessarabia, and Transcarpathia in the interwar period of the 20th century. The thesis is substantiated that there was no single approach to copyright law regulation in these territories, just as there was no single system of legislation in the field of intellectual property because at that time these lands were in the legal field of Poland, Romania, and Czechoslovakia, and even earlier – the Austro-Hungarian and Russian empires.
It was revealed that the legal regulation of copyright law protection in the interwar period was formed under the influence of European and national legal traditions. It was established that the Romanian legislation, which extended to the territory of Northern Bukovyna and Bessarabia, was based on conservative approaches, so the new law of Romania (1923) was based on the proprietary concept and gravitated to the Austro-Hungarian law-making practice of copyright law protection. The Czechoslovak copyright law (1926) was in effect in Transcarpathia, which, although the copyright laws of the Czech, Slovak, and Transcarpathian parts of the country were unified, was based on the Austrian copyright law of 1895. Whereas the situation in Eastern Galicia, which became part of Poland, was different. The Polish authorities followed the path of developing a qualitatively new, rather progressive law in the field of copyright law (1926). However, in all three cases, the legislator relied on international standards established in the Berne Convention for the Protection of Literary and Artistic Works of 1886.
It was found that the positive trends in copyright law regulation were the distribution of conventional principles: the dual nature of copyright, the presumption of authorship, unity, and exclusivity of copyright law, mutual legal protection of the author's rights, and the immutability of the work.
It was concluded that the legislation on copyright law in the western regions corresponded to the international protection of copyright law and a high level of legal culture. This allowed the Ukrainian community of these territories to join legal values and to form respect for the author and his intellectual work much earlier than in other Ukrainian lands.
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Zhao, Hongwen, Chao Lu, Yuyu Li, Guangli Li, and Guotao Wen. "Network Security System Design of Big Data Platform in Tai'an of Health Based on IPV9 Technology." International Journal of Advanced Network, Monitoring and Controls 7, no. 1 (January 1, 2022): 29–43. http://dx.doi.org/10.2478/ijanmc-2022-0003.
Full textAbstract:
Abstract At present, IPv4 is the core of the Internet. When it was designed, security protection was hardly considered. Therefore, the Internet has many security loopholes, which cause information leakage or even breakdown. Compared with IPv4, IPv6 has been improved in terms of security, but IPv6 packets are not encrypted and verified by default, and the problem of network layer being attacked is still unresolved. So, the Internet based ipv6 is still faces the risk of data being monitored and tampered, which cannot effectively prevent malicious attacks. China Decimal Network Standard working group developed the future network system, which adopts the zero-trust security mechanism of verification before communication. Big Data Platform in Tai’an of Health is responsible for the unified management of all medical and health institutions in the platform, and for the management, communication and maintenance of all data. Therefore, the establishment of the network security system of this platform should pay more attention to effective, scientific and comprehensive requirements. In this paper, the Future Network (IPV9) with independent intellectual property rights in China and its encryption technology are introduced, and the network security system of Big Data Platform in Tai'an of Health is designed, and the corresponding simulation test is carried out, which achieves the expected effect. The design of network security system of Big Data Platform in Tai'an of Health based on IPV9 can play a certain role and reference value in solving network security problems in Big Data Platform of Health.
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Арсланов, Камиль, and Kamil Arslanov. "Absolute relations in the subject of civil law." Advances in Law Studies 2, no. 2 (May 1, 2014): 69–76. http://dx.doi.org/10.12737/5578.
Full textAbstract:
The article studies one of the central categories of civil law,
which is civil legal relations. The category of legal relations that builds
the subject of civil law, that receives the cleared fixation in legal acts, including
the unified acts (Civil Code of the Russian Federation), causes
until present time different discussions in the civil legal science. This is
indicated of scientific researches of Soviet and Russian scientists since
middle of 20th century.
The fundamental division of legal relations into absolute and relative
relations tries to earn our interest because of its practical significance.
Depending of rating of legal relations to specified kind the optimal
mechanism of legal influence on participants of legal relations using of
private and / or public legal instruments is defined. Inspite of all these,
the subject of this article are first of all absolute legal relations. The author
tried to generalize existing concepts in the science of civil law about absolute
legal relations, to define the possibility to differentiate absolute and
relative legal relations. The question about the possibility of existence of
legal relations with elements of absoluteness and relativity, parallel existence
of absolute and relative legal relations in connection to the same
subject is raised. The specific character of absolute legal relations is analyzed
in connection with proprietary legal regulation, regulation in the
field of intellectual property rights, protection of immaterial goods and
immaterial rights, as well as in connection with relative new field of legal
regulation of corporate legal relations.
In the article the conclusion about the necessity of resumption of scientific
discussion concerning the essence of absolute legal relations and
necessity of their cleared definition ad litem is made.
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Lee, Ki-Young, and Jin-Soo Kim. "The International Issues and Future Tasks in Digital Trade." Korea International Trade Research Institute 18, no. 6 (December 31, 2022): 321–35. http://dx.doi.org/10.16980/jitc.18.6.202212.321.
Full textAbstract:
Purpose – The aim of this research is to analyze the international issues of digital trade and present future tasks. Design/methodology/approach – This research is used in analyzing the literature review and the domestic and foreign legislation for legal research related to digital trade. Findings – With the 4th Industrial Revolution, the global industrial structure and business paradigm are facing a new period of transformation different from the previous. However, laws and systems do not meet the rate of change in the overall structure of the industry, which shows the same pattern not only in Korea but also in the international community. Companies that supply digital goods, such as electronic transmissions using these gaps, are trying to avoid taxes, and international organizations have come to discuss new measures such as introducing digital taxes to prevent such tax avoidance. Therefore, this research confirmed the current status of digital trade and international issues, and presented opinions on Korea's preemptive tasks and countermeasures. Research implications – First, the E-commerce tariff moratorium perpetuation on electronic transmission should be reviewed. Second, a solution to the problem of personal information protection arising from data transactions between countries should be prepared. Third, measures should be prepared to protect intellectual property rights caused by the characteristics of digital transactions. Fourth, terms used in digital trade-related laws and regulations should be unified for consistent digital trade agreements and efficient policies. Fifth, a dedicated digital trade organization should be established to collect statistical data on digital trade and exchange opinions between government and companies.
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Kosіak, Myroslav, and Inna Kosіak. "Blockchain technologies and their application in governmentadministration." Problems of Innovation and Investment Development, no. 19 (April 2019): 182–90. http://dx.doi.org/10.33813/2224-1213.19.2019.15.
Full textAbstract:
The purpose of the article. The article considers the Blockchain technology asan innovative tool. In particular, the essence and background of the developmentof blocks, the principles and specifics of the functioning of the system, as well asthe scheme of its work, are determined. The article presents the prospects forusingdistributed registry technologies (blockchain) in various socioeconomic spheresrelated to state administration. Provided examples and forecasts of the use ofblockchain technologies in the provision of state and municipal services forindividuals and legal entities in the following areas: formation of a unified registercontaining the history of the placement of the state, municipal order, as well asprocurement of corporations with state participation and / or control; registers ofdocuments (diplomas, certificates, lost and disavowed passports, policies for movableand immovable property insurance, health, etc.); database of court decisions andexecutive proceedings; public participation portals for citizens of Ukraine district- city – country. The fact that the blockchain technology is, first of all, theprinciples, and not the only possible way of implementing them, allows us to counton maximum openness and multivariate application in a dynamically changingchanging«digital world». Methodology. The research methodology is to use a combinationof methods: analytical, historical, comparative. The scientific novelty. The priorityof state blockchain systems introduction in stationary and distant voting, distributeddocument circulation, medical data registration, land resources registration,electronic auctions (auctions) in Ukraine was grounded. Conclusions. Already today,blockchain systems can change the role and participation of citizens in the conductof the state-management process, by raising the responsibility level, from thetransparent will expression in the elections to regulating the government serviceactivity in the society’s digitization conditions. The main advantages blockchainsystems using by public authorities that will increase the level of citizens trust todigital technologies using in general, namely: reliability and reliability of datastorage, transparency of transactions and virtually absolute protection of informationfrom distortion and unauthorized removal (relocation), are determined. In furtherscientific research it is proposed to consider the promising areas of the blockchaindigital technology usage: service activities of public authorities, legal proceedings,property rights management, implementation of migration control, verification ofgoods and services, registration of data on passing qualifying tests, patenting,intellectual property, digital identification, logistics , taxation, accounting ofbudget funds movement.
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Davydiuk, Oleksandr, Tetiana Shvydka, Bohdan Hnatkivskyi, Hanna Ivanova, and Rehina Vaksman. "Determining directions for improving the legal regulation of technology transfer forms." Eastern-European Journal of Enterprise Technologies 2, no. 13 (128) (April 30, 2024): 58–65. http://dx.doi.org/10.15587/1729-4061.2024.301879.
Full textAbstract:
The object of this study is the existing regulatory approaches to determining the forms of technology transfer in the legal systems of economically developed countries of the world, international treaties, and agreements. During the research and generalization of existing concepts, it was established that they are not unified and differ significantly from each other. It has been proven that this does not meet the needs of technology transfer participants and significantly destabilizes the technology transfer process. The expediency of improving the existing normative concept of determining the forms of technology transfer by fixing their single list has been substantiated. Recommendations on the list of the main forms of technology transfer have been formed based on a systematic analysis of legal acts that determine the peculiarities of the essence of technology. A classification of the main forms of technology transfer was proposed. Four main forms of technology transfer were identified as the transfer of rights to technology during its creation, within the framework of joint cooperation, within the framework of cooperation based on corporate and/or proprietary commercial principles. The expediency of dividing each form of transfer into separate subtypes was also substantiated. The need to make changes to the provisions of such international treaties and agreements as the World Trade Organization Agreements, the Recommendations of the World Organization for the Protection of Intellectual Property, the Oslo Guidelines, the UNCTAD Recommendations, and the framework program "Horizon Europe" has been proven. The study is aimed at forming general theoretical foundations for improving the essence of regulatory techniques for identifying forms of technology transfer. The research results could be used in the formation of international normative acts, recommendations of international institutions, acts of national legislation, and serve as a basis for further scientific research into these issues
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Salgar, Jyoti B., Sanjay K. Bais, and Shraddha Somnath Vathare. "Intellectual Property Rights." BOHR Journal of Pharmaceutical Studies 1, no. 1 (2023): 13–20. http://dx.doi.org/10.54646/bjops.002.
Full textAbstract:
Healthcare is one industry where intellectual property (IP) is a valuable resource. The creation of medications to meet medical requirements and the discovery of new therapies necessitate the preservation of inventions. Protection of scientific and technological advancements inspires researchers and the business community to develop new and improved treatments and medications, extending and improving people’s lives. Healthcare businesses may recoup their investments and continue to invest in fresh research because of IP protection. IP has raised the bar for medical and health research, and it will keep finding solutions to today’s unmet demands. As it supports the financing scheme for R&D, IP is a crucial cornerstone of our healthcare system. This article discusses that in a variety of industries, including the healthcare industry, IP is a valuable asset. It is imperative to safeguard ideas and discoveries to find new cures and create drugs to meet medical needs. Protection of scientific and technological advancements motivates researchers and the business community to discover new and improved treatment options and medications, thereby enabling people to live longer and better lives [1].
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B. Salgar, Jyoti, Sanjay K. Bais, and Shraddha Somnath Vathare. "Intellectual Property Rights." BOHR International Journal of Pharmaceutical Studies 1, no. 1 (2023): 13–20. http://dx.doi.org/10.54646/bijops.002.
Full textAbstract:
Healthcare is one industry where intellectual property (IP) is a valuable resource. The creation of medications to meet medical requirements and the discovery of new therapies necessitate the preservation of inventions. Protection of scientific and technological advancements inspires researchers and the business community to develop new and improved treatments and medications, extending and improving people’s lives. Healthcare businesses may recoup their investments and continue to invest in fresh research because of IP protection. IP has raised the bar for medical and health research, and it will keep finding solutions to today’s unmet demands. As it supports the financing scheme for R&D, IP is a crucial cornerstone of our healthcare system. This article discusses that in a variety of industries, including the healthcare industry, IP is a valuable asset. It is imperative to safeguard ideas and discoveries to find new cures and create drugs to meet medical needs. Protection of scientific and technological advancements motivates researchers and the business community to discover new and improved treatment options and medications, thereby enabling people to live longer and better lives [1].
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Rights, Intellectual Property, Jyoti B. Salgar, and Sanjay K. Bais. "Intellectual Property Rights." BOHR Journal of Pharmaceutical Studies 1, no. 1 (2023): 13–20. http://dx.doi.org/10.54646/bjops.2023.02.
Full textAbstract:
Healthcare is one industry where intellectual property (IP) is a valuable resource. The creation of medications to meet medical requirements and the discovery of new therapies necessitate the preservation of inventions. Protection of scientific and technological advancements inspires researchers and the business community to develop new and improved treatments and medications, extending and improving people’s lives. Healthcare businesses may recoup their investments and continue to invest in fresh research because of IP protection. IP has raised the bar for medical and health research, and it will keep finding solutions to today’s unmet demands. As it supports the financing scheme for R&D, IP is a crucial cornerstone of our healthcare system. This article discusses that in a variety of industries, including the healthcare industry, IP is a valuable asset. It is imperative to safeguard ideas and discoveries to find new cures and create drugs to meet medical needs. Protection of scientific and technological advancements motivates researchers and the business community to discover new and improved treatment options and medications, thereby enabling people to live longer and better lives [1].
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Tripathy, Ms Sanskriti, Shankar Das, Dharmendra Pratap Singh, Bipin Jojo, Rakesh Dwivedi, D. R. Sahu, Byomakesh Tripathy, Mohini Gautam, Mrs Anjali Tripathy, and Tridibesh Tripathy. "Intellectual Property Rights." Scholars Journal of Engineering and Technology 12, no. 05 (May 8, 2024): 166–68. http://dx.doi.org/10.36347/sjet.2024.v12i05.003.
Full textAbstract:
In this current rapidly evolving technological era, the fear and threat of theft, fraud and infringement looms large in the virtual Diasporas. The creativity of an inventor/creator is dependent on the originality quotient of his or her work. Greater the uniqueness greater is the value of the work. Hence, the need of protection arises. Intellectual Property Rights are the particular ‘protection’ that is provided by the law to all the inventors and creators for their work. These rights are of various types that specifically protect different categories of creative expressions ad inventions. Enhanced discussion has been done in the current work to trace the history, mechanisms, impact and loopholes in the existing system of law with respect to IPR. It tries to understand the need of developing such a system and also how the laws have evolved to cater efficiently to the public. Major departments and organisations have been mentioned herethat govern the entire system. Loopholes exist in this system of law but it helps to maintain the dignity and respect of each person working to put forward ideas that can help shape the future.
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Lapko, Anastasia, and Maryna Polishchuk. "Protection of intellectual property rights." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 5 (December 30, 2020): 166–72. http://dx.doi.org/10.31733/2078-3566-2020-5-166-172.
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This article is devoted to the analysis of legislation and scientific works on ways to protect intel-lectual property rights. Material property existed long before the development of the first state, therefore, its protection has long been enshrined in many regulations, sufficiently studied and tested in practice. Intellectual property gained its importance much later - with the advent of a democratic society. Using methods of cognition, such as generalization and synthesis, the analysis of scientific works and legal framework of Ukraine and international experience is carried out, the list of illegal actions aimed at infringement of intellectual property rights and currently taking place is determined. The analysis and the obtained data revealed discrepancies between the regulatory framework and methodology of Ukraine with international law and the problem of practical application of certain rules.
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Titilope, Afolayan Oluyinka. "Intellectual Property Rights Protection in Nigeria." International Journal of Library and Information Services 9, no. 2 (July 2020): 51–57. http://dx.doi.org/10.4018/ijlis.2020070103.
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Intellectual property right protection is of growing importance in most countries of the world due to its role in the development of any nation. However, intellectual property rights protection in Nigeria has not yielded any positive results as expected due to the problem of weak enforcement and non-implementation of protection laws. In view of this, the main purpose of this article is to unravel the challenges militating against the protection of intellectual property rights of creators and inventors in Nigeria. This article further discusses the benefits of intellectual property rights protection. Challenges contributing to weak enforcement of intellectual property rights were also identified in this article. In conclusion, intellectual property rights protection in Nigeria should be given the highest priority by government to aid national development as well as promoting creativity and innovation on the part of creators and inventors.
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Zhang, Shiyi, and Song Wang. "A Blockchain Framework for Preserving Music Intellectual Property Rights." International Journal of Communication Networks and Information Security (IJCNIS) 15, no. 3 (November 28, 2023): 26–41. http://dx.doi.org/10.17762/ijcnis.v15i3.6213.
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The continuous strengthening of intellectual property protection has made the analysis of music intellectual property framework a research hotspot, and also promoted the integration of blockchain and intellectual property. The original IP protection framework could not solve the problem of music IP protection, and IP protection was ineffective. Therefore, this paper proposes a framework based on blockchain technology to analyze the protection of music intellectual property rights. Firstly, the blockchain server is used to store the music intellectual property rights, and the continuity judgment is made according to the characteristics of the intellectual property data to form the block data of the time series. Then, according to the intellectual property results stored in each server, the blockchain framework with different protection levels is compared with the intellectual property protection requirements. After simulation test and analysis, the framework based on blockchain technology can improve the security of music intellectual property data, reduce the tampering rate of property rights data, remove the centralization of intellectual property rights, and simplify the intellectual property protection process.
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Zolota, L. V., and O. V. Ulizko. "Protection of Intellectual Property Rights by Customs Aythorities." Legal horizons, no. 22 (2020): 43–46. http://dx.doi.org/10.21272/legalhorizons.2020.i22.p43.
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The article deals with the issue of protection of intellectual property rights by customs authorities. The current problems of infringement of intellectual property rights during moving across the customs border of Ukraine are considered, in particular: transportation of counterfeit products, which includes goods that are subject to infringement of intellectual property rights to the trademark and goods that are the subject of infringement of intellectual property rights to a geographical indication in Ukraine and pirated products, which includes goods that are the subject of infringement of copyright and / or related rights or intellectual property rights to a registered industrial design in Ukraine and which are or contain copies made without the consent of the copyright and related rights or intellectual property rights to the industrial design or a person authorized by such right holder in the country of production, as well as moving across the customs border of small consignments of goods with violation of customs legislation and introduction of simplified procedure for destruction of such goods. The article also analyzes issues of novelty of the Ukrainian legislation – “original goods”, that is, those that were made with the consent of the right holder, as a basis for the existence of the international principle of exhaustion of intellectual property rights. It has been established that national legislation does not sufficiently protect intellectual property rights and that Ukraine remains one of the four points of transit and transit of counterfeit goods to the European Union. The mechanism of regulation of compensation of costs in connection with storage of goods suspected of violation of intellectual property rights after all, the owner of the rights has the opportunity to demand compensation for these costs from the owner of goods that violate his intellectual property rights, as well as the destruction of such goods by the owner of intellectual property rights. Key words: intellectual property rights, customs border, promotion of protection of intellectual property rights, procedure for destruction of goods, counterfeit goods.
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Jankovic, Dijana. "International protection of intellectual property rights." Medjunarodni problemi 65, no. 4 (2013): 509–36. http://dx.doi.org/10.2298/medjp1304509j.
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The protection of intellectual property rights can be of a great importance for the development of a society. It can contribute to strengthening of the economy and improve the standard of living. The international community has established standards for the protection of intellectual property rights through relevant international documents, thus providing guidelines for the improvement of their international protection. The states which are leaders in innovation and creativity establish strong legal mechanisms that provide the protection of intellectual property rights. It is generally accepted that only the legal use of intellectual property can bring innovation and progress to a society. It is necessary for all sectors, including copyright owners, internet providers and advertising brokers, to cooperate with state prosecutors in order to find practical and efficient solutions for the protection of intellectual property rights. Types of intellectual property infringement are usually manifested through illegal production, smuggling and distribution of counterfeit products, through criminal offences involving money laundering as well as trademark, name and copyright infringement. Criminal investigations are thus focused on identifying, obstructing and disabling international criminal organizations which deal with criminal activities aimed at intellectual property infringement.
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Bydoon, Maysa Said. "An Overview of Human Rights and Intellectual Property Protection." Journal of Arts and Humanities 5, no. 12 (December 24, 2016): 58. http://dx.doi.org/10.18533/journal.v5i12.1069.
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<p>The purpose of this article is to discuss the legal framework of human rights and intellectual property in terms of state obligations to afford a protection for both human rights and intellectual property. The relationship between intellectual property and human rights, under bilateral, regional and multilateral treaties, is a matter of concern. In focusing on the relationship between intellectual property and human rights, this article argues that there are many challenges on the wide use of Intellectual property rights that given possible conflict between intellectual property and human rights.</p>
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Dmytruk, Anna. "Intellectual property law as a system of creative activity results protection." Theory and Practice of Intellectual Property, no. 6 (June 16, 2021): 73–80. http://dx.doi.org/10.33731/62020.233967.
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Keywords: results of creative activity, intellectual property law, creative freedom,subjective and objective aspects of intellectual property law, subjective and objectiveaspects of creative freedom
At the present stage of intellectual property science developmentresearchers continue discussions on the nature of intellectual property law and itscomponents. In the intellectual property law history, the legal doctrine and legislationadmit a certain connection between creators and their results of intellectualcreative activity as well as the relations that arise as a result of their creation. Consideringthe basic approaches to intellectual property rights we cannot ignore its obviouscomponent attribute of ideal nature, so the system of intellectual propertyrights protection includes not only property or exclusive intellectual property rights, but also personal non-property rights. Intellectual property law in the objectiveacceptation is a system of rights. In the subjective acceptation it always combinestwo components: non-material and material. Legislative rights to the object ofintellectual property rights are a legal confirmation of the existing and inviolableconnection between the creator and their object of intellectual property rights. Intellectualproperty law combines personal, intangible and property interests of thecreator. It is aimed to combine all these interests with the interests of other people.The law determines the procedure for using and receiving remuneration as a resultof intellectual property rights realization by the creator or their legal successors.The subject of intellectual property rights is a person who owns personal non-propertyand (or) exclusive property rights of intellectual property. The subjective aspectof intellectual property rights reflects the interests that the creator seeks tosatisfy by creating an object of intellectual property rights. There are three main interestsof the creator which they can satisfy by exercising intellectual propertyrights: recognition interest, financial reward interest and interest in their intellectualproperty rights protection. The object of intellectual property rights is a resultof intellectual and creative work of the subject who always owns personal intangibleintellectual property rights on the basis of natural law and legislation and this isproceeding from the very beginning of the process and as a result of creation of intellectualproperty rights object. It is worth mentioning that according to the lawthe personal intangible intellectual property rights remain in force without limit oftime and cannot be alienated (transferred) except it is expressed by law.
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Hulatkan, S. V., K. I. Pashkova, and A. Ya Tkachuk. "SELF-PROTECTION OF INTELLECTUAL PROPERTY RIGHTS." Juridical scientific and electronic journal, no. 11 (2021): 157–60. http://dx.doi.org/10.32782/2524-0374/2021-11/37.
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DMYTRENKO, V. V. "INTELLECTUAL PROPERTY RIGHTS’ OBJECTS COMPREHENSIVE PROTECTION." Law and Society, no. 5 (2022): 33–39. http://dx.doi.org/10.32842/2078-3736/2022.5.6.
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Zhang, X. M., Q. Liu, and H. Q. Wang. "Ontologies for intellectual property rights protection." Expert Systems with Applications 39, no. 1 (January 2012): 1388–400. http://dx.doi.org/10.1016/j.eswa.2011.08.021.
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