scholarly journals PROBLEMATIC ASPECTS OF IN HERITANCE OF INTELLECTUAL PROPERTY RIGHTS TO VARIOUS WORKS OF SCIENCE, LITERATURE AND ART

2021 ◽  
pp. 76-83
Author(s):  
Nailya Gareeva ◽  
◽  
Amir Gareev ◽  
Keyword(s):  
Law Enforcement ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Objective Assessment ◽  
Science Literature ◽  
Legal Science ◽  
Legal Nature ◽  
Comprehensive Diagnosis

Among the key problems of law enforcement practice and legal science in modern conditions is the problem of inheritance of intellectual rights to works of science, literature and art, the peculiarity of which is due to their intangible nature and the legal nature of the actual acceptance of the inheritance. The aim of the study is an objective assessment of the grounds for the inheritance of intellectual property rights, criteria for intellectual property rights to be inherited. The scientific novelty of the research lies in a comprehensive diagnosis of the powers of the heirs of intellectual rights, the content of the process of inheritance of intellectual rights to works of science, literature and art, identifying the differences between the circle of heirs by law and by will.

scholarly journals Protection of Intellectual Property Rights in Ukraine in the Light of European Integration Processes

2020 ◽  
Vol 13 (3) ◽  
pp. 203
Author(s):  
Andrii Neugodnikov ◽  
Tetiana Barsukova ◽  
Roman Kharytonov
Keyword(s):  
Law Enforcement ◽  
Intellectual Property ◽  
Property Rights ◽  
European Integration ◽  
Intellectual Property Rights ◽  
General Public ◽  
Legal Regulation ◽  
Foreign Countries ◽  
Lesser General Public License ◽  
General Public License

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

scholarly journals Kebijakan Pemerintah Dalam Perlindungan Hak Kekayaan Intelektual (HAKI) Di Indonesia

2018 ◽  
Vol 5 (2) ◽  
pp. 27-33
Author(s):  
Laksminarti Laksminarti
Keyword(s):  
Law Enforcement ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Descriptive Analysis ◽  
Intellectual Property Right ◽  
Related Aspect ◽  
Directorate General ◽  
Technological Developments

This research aims to obtain a picture of the policy in the field of intellectual property rights as well as legislation and law enforcement of intellectual Property Rights (HAKI). The increasingly high-flow of free trades that demand the higher creativity of the resulting products proved increasingly spur on the technological developments that support these needs. Along with this, it began to realize the importance of the role of intellectual Property Rights (HAKI) in supporting technological developments. This is seen from the increasingly high number of copyright, patent and trademark applications and the sufficient number of industrial design applications addressed to the Directorate General of Intellectual Property Rights, the Office of the jurisdiction and human rights. By using a descriptive analysis obtained the idea that the implementation of good intellectual property rights system not only requires the legislation in the field of intellectual property right but should be supported also by Administration, law enforcement and an optimal socialization program on intellectual property Rights (HAKI). The results of the research show that at this time, Indonesia has had a legal device in the field of intellectual property rights which is adequate and does not contradict the provisions as required in Agreement on Trade-Related Aspect Of Intelectual Property Rights. In principle, all rules of intellectual property rights have been prepared about the interests of the Community and by the minimum provisions as required by TRIPS approval (Agreement on Trade-Related) Aspect Of Intelectual Property Rights).

scholarly journals TRANSFER OF EXCLUSIVE RIGHTS ON OF INTELLECTUAL PROPERTY

2020 ◽  
pp. 242-248
Author(s):  
Gleb P. Bredihin
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Regulation ◽  
Theoretical Research ◽  
Property Law ◽  
Intellectual Property Law ◽  
Legal Nature ◽  
Characteristic Features ◽  
New Criterion

In this article the concept of intellectual rights is discussed as well as the most important problems of intellectual property’s transfer and the ways to solve these problems. The article is devoted to a comprehensive study of ways to transfer exclusive (intellectual property) rights. The characteristic features of licencing agreements, alienation agreements and other agreements in the fi eld of intellectual property transfer are highlighted and described. This article is an attempt to reveal the main causes of the legislation’s imperfection as a consequence of the lack of theoretical research in this area. The legal nature of the agreement on the transfer (sail) of intellectual property is determined. Substantial restrictions on the transfer of intellectual property by primary owners are proposed. A new criterion of intellectual property law theory is highlighted. The new author’s classifi cation of intellectual property contracts is given. We propose measures to improve the legal regulation of pledge in intellectual property law. The main problems of exclusive rights and authorised (share) capital and options for overcoming them are given. The practical and theoretical problems of applying commercial concession (franchising) are analysed, a new criterion of legal relations related to commercial concession is proposed. All the proposed conclusions are the result of a long scientifi c work and practical protection of intellectual property rights as an attorney at law.

Calculation Of Material And Moral Damage Caused To The Author Of The Composition

2021 ◽  
Vol 03 (06) ◽  
pp. 132-140
Author(s):  
Ulugbek Kholmurodovich Isanov ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Framework ◽  
Topical Issue ◽  
Legal Science ◽  
Property Owners ◽  
Moral Damage ◽  
New Challenges

It is known that the protection of intellectual property rights and rights to it is an important factor in the development of this sector, increasing its investment attractiveness. After all, the formation of a class of intellectual property owners and the development of the necessary legal framework pose new challenges to the legal science as a topical issue today.

scholarly journals The distribution of economic rights to intellectual property rights objects, created in higher education institutions of Ukraine on order

2021 ◽  
pp. 94-103
Author(s):  
Yuliia Osypova
Keyword(s):  
Higher Education ◽  
Law Enforcement ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Visual Art ◽  
Higher Education Institutions ◽  
Unified Approach ◽  
Economic Rights ◽  
The Creation

Keywords: the distribution of economic rights; economic intellectual property rights; intellectualproperty rights objects, created on order; higher education institutions; intellectualproperty rights of higher education institutions; intellectual property rights objects;agreements for the creation on order and the use of intellectual property rights objects The article investigates the procedure for the distribution of economic rights to IPR objects,created in higher education institutions of Ukraine on order. In the course of researchgeneral requirements of the current legislation of Ukraine concerning possiblevariants of distribution of economic rights to IPR objects, created on order, have been defined.Based on this analysis it has been found that the legislator departed from the previouslyexisting unified approach to the distribution of economic rights to IPR objects,created on order, therefore, there are currently several legally enshrined approaches tothe distribution of economic rights to such objects. At the same time, the choice of one oranother option will depend on the type of the IPR object, created on order (work or anotherIPR objects), and in some cases from the purpose of its creation (has been createdspecifically as a piece of software or not).In addition, the author discovered the existence of a legal conflict between the provisionsof Part. 4 Art. 440 and Art. 1112 of the Civil Code of Ukraine, Part 6 of Art. 33 ofthe Law of Ukraine «On Copyright and Related Rights» regarding the approach to thedistribution of economic rights, in particular, to works, created on order (except for worksof visual art). Also, it has been established that Art. 430 and Art. 1112 of the Civil Codeof Ukraine contain a different approach to determining the list of IPR objects, that can becreated on order.The article also disclosed the consequences of the existence of these inconsistencies forthe law enforcement practice, including for resolving the issue of choosing an appropriateform of agreement for the settlement of legal relations regarding the creation of IPR objects,other than a work, which are included in the concept of "an object, created on order"today. The fundamental importance of solving this issue for the educational sphere hasbeen revealed.Based on the results of the study, a general vision of possible options for the distributionof economic rights to IPR objects, created in higher education institutions of Ukraineon order, has been outlined. Also, suggestions to improve the legislation of Ukraine havebeen made.

scholarly journals UPAYA-UPAYA PENINGKATAN PEMAHAMAN DAN KESADARAN PENCIPTA KARYA SENI TRADISIONAL TERHADAP HAK CIPTANYA

Solusi ◽  
2019 ◽  
Vol 17 (1) ◽  
pp. 32-41
Author(s):  
Nina Yolanda
Keyword(s):  
Law Enforcement ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Education And Training ◽  
Copyright Law ◽  
Research Results ◽  
Traditional Art ◽  
Art Works ◽  
And Training

The research objective is to describe and analyze efforts to increase the understanding and awareness of the creators of traditional art works on their copyright. Writing method uses normative juridical method. Research results: efforts to increase understanding and awareness of creators of their copyright are carried out through efforts to promote intellectual property rights such as counseling, discussions, seminars, workshops, symposiums, intellectual property education and training and institutionally established a Copyright Council. In the end, it was suggested that arrangements regarding copyright law protection, especially the copyright of traditional artworks, need to be accompanied by consistent law enforcement and efforts to increase understanding and awareness of creators of their copyright needs to be intensified both in terms of quality and quantity

scholarly journals A Russian Judge Roadmap of Intellectual Dispute Consideration and Resolution

Russian judge ◽  
2020 ◽  
Vol 10 ◽  
pp. 3-6
Author(s):  
Yuriy F. Bespalov ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Russian Federation ◽  
Legal Nature ◽  
The Russian Federation ◽  
Court Proceedings ◽  
Proper Consideration ◽  
The Way

The article presents the roadmap of the Russian judge for the consideration and resolution of intellectual disputes and other requirements in the intellectual and legal sphere. The author defines the list of actions of the judge at the stage of acceptance of the statement of claim (application) for court proceedings and at the stage of consideration and resolution of the case. The circumstances that are important for the proper consideration and resolution of an intellectual dispute include: 1) infringed intellectual property rights; 2) the substance of the violated right and its legal nature; 3) the person committed a violation of intellectual property rights; 4) the circumstances under which committed such violation; 5) whether the plaintiff is a person whose right is violated; 6) it is determined the way of protection; 7) the rules of law to be applied; 8) other, depending on the situation. Proposals were made to improve the legislation of the Russian Federation in the intellectual sphere.

Legal Nature of Results of Scientific Activities

2019 ◽  
pp. 15-24
Author(s):  
Dmitry Murzin
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Civil Law ◽  
Legal Regulation ◽  
Scientific Activity ◽  
Combined Application ◽  
Research Activities ◽  
Legal Nature ◽  
Protected Object

At present, social development as a whole is determined by the results of research activities. For this reason, it is important to identify the legal nature of the results of scientific activity. The aim of the article is to determine the boundaries of legal regulation of relations on creation and use of the results of scientific activity. The article analyzes the concept «the result of scientific activity» from the points of Russian legislation and civil law doctrine. The author discusses various options for improving legal regulation of civil law relations regarding the results of scientific activities from the standpoint of the correlation of such results with the protected object of intellectual property rights. These options range from expanding the circle of protected objects of intellectual property rights in the framework of the existing system to developing special absolute rights to the results of scientific activity. In some cases, the author refers to historical experience of the Russian law. It is concluded that identification of the legal nature of the results of scientific activity should be carried out with the combined application of all approaches de-scribed.

Medicaments and law (scientific review of the monograph of I.V. Ponkin and A.A. Ponkina «Pharmaceutical Law» (Moscow, GEOTAR-Media, 2017, 144 p.)).

2020 ◽  
Vol 7 (1) ◽  
pp. 123-126
Author(s):  
Tatiana M. Chelpanova
Keyword(s):  
Quality Control ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Scientific Review ◽  
Legal Science ◽  
Legislative Regulation

This publication is a review of the scientific monograph by I.V. Ponkina and A.A. Ponkina Pharmaceutical Law (Moscow: GEOTAR-Media, 2017). The author of the review offers conclusions about the uniqueness of the research conducted for Russian legal science and about its high relevance in the field of legislative developments and accepting urgent measures on the fact of the threat of the COVID-19 pandemic. The results of the research is the identification of a branch of pharmaceutical law in the Russia legal science and the possibility of legislative regulation of its unique legal elements in the field of production, use, quality control and safety of medicines, also in related branch of law, including intellectual property rights in the pharmaceutical field.

Sign in / Sign up

Export Citation Format

Share Document