Suchergebnisse

The work aims to analyze the theoretical aspects of the use of information technologies in the mediation process, as well as the aspects of its implementation. The purpose of the investigation is online mediation as a form of resolution of intellectual property disputes. In addition, the topic of study is the social relationships that arise when using information technologies and mediation to resolve civil conflicts in the field of intellectual property. The research methods used in this case are the dialectical method, the generalization method, the comparison method, the analysis method, the synthesis method, the method in administration and the deduction method, the modeling method, and the abstraction method. As a result of the study, conclusions are drawn on the state of online mediation in the real world, the benefits and potential problems of introducing virtual mediation for disputed parties, the need for support for special applications, along with the need for the introduction of online mediation at the state level to a state policy.

The relevance of the study lies in the fact that in Ukraine under martial law the system of protection of intellectual property rights and mechanisms of its public administration is continuously transformed, which implies a scientific search to identify the problems that exist in this area and the development of effective practical solutions to overcome them. The purpose of the study was to identify the main features and obstacles arising in the implementation of public administration in the field of intellectual property and the implementation of protection of its objects under martial law in Ukraine. The research methods used were general and special legal methods of knowledge. Everything allows to conclude that there is an urgent need to develop new mechanisms of digital security of copyrights and to push forward the creation of blockchain accounting of copyright objects. Similarly, a revision of the approach to the evaluation of objects of intellectual property rights and the determination of the inventive level is needed, as a condition of possibility to adapt the legislation governing the matter to the needs of today's society.

Fast improvement of the IT field requires relevant safety of intellectual assets rights. The legal protection of laptop applications, software programs and foreign legal practices is a contentious issue. With the rapid development of the IT sector within the international context, the issues of copyright safety, patenting and non-disclosure of personal data have gained urgency. The research methodology involved the use of methods of analysis and synthesis, logical and system - structural analysis, control methods, structural and functional analysis in combination with the method of case study and the method of content analysis. The article comprehensively analyses the modern perspective of intellectual belongings proper and copyright in IT outsourcing. The scope of unconventional challenges in the sphere of copyright safety inside the area of IT sphere are exemplified using the case of Ukraine. The case addresses opportunities to enhance the regulatory framework for copyright safety of experts engaged in IT outsourcing. It is stressed that the existing legal procedures and methods are slower in responding to changes in the field of IT outsourcing than the world's quickest trends in this sphere.

In modern conditions of development of public relations, the creation of objects of intellectual property rights by artificial intelligence is becoming more widespread. With this in mind, it is important to analyze the international legal experience of regulating the use of artificial intelligence as the author of intellectual property, to further borrow it for domestic laws, as well as to pay attention to problematic aspects of such regulation and make proposals to resolve inconsistencies. The study clarifies the international legal regulation of intellectual property rights created by artificial intelligence, as well as analyses the problematic issues of regulation of artificial intelligence by international law and the features of such regulation in Ukraine and presents positions on the development of artificial intelligence systems and prospects, as well as the prospects for its impact on world society.

Understanding the role and necessity of the use of intellectual property in the field of medicine is the basis for the proper development of this field in the postwar period, as well as for the entire healthcare system. Therefore, the purpose of the study was to determine the impact and prospects of the use of intellectual property in the development of the Ukrainian health sector, post-war. The methodological basis of the work consists of general and special scientific methods: analysis and synthesis, generalization, dialectical, axiological, legal-formal, legal-comparative and structural system. The result of the work shows the necessity of using heterogeneous objects of intellectual property, in particular, those in the field of copyrights and patents, for adequate reform and effective modernization of the health sector. It is concluded that intellectual property is designed not only to ensure the property and non-property interests of the subject of the specified property, but, in addition, is intended to ensure the needs of society in general in the appropriate sphere, where the objects of intellectual property find their concrete application.

The modern society necessitates the introduction of new IT-solutions to meet its needs. With the spread of know-how, the need for its detailed analysis with the further determination of the direction of development. The purpose is to carry out an analysis of the introduction and functioning of know-how, as well as to determine the vectors of its use, taking into account the needs of participants in legal relations arising in this area. The subject of research – information technologies (know-how) as objects of intellectual property rights in their use. The methodological basis consists of the method of analysis, the method of synthesis, the dialectical method, the comparative-legal method, the system method, and the logical-legal method. The result of this work is to identify the importance of the information technologies in everyday life of modern society and the level of popularity of their use, outlining possible vectors of development in the economics in the direction of digitalization and justification of the need to improve the provisions of current legislation within the considered topic, expressing the idea of the direction of innovative information policy in the direction of active use of blockchain and maximum compliance with the protection of personal data of customers.

The article aims to explore the relationships that arise with respect to intellectual property rights in sports. The objectives of the article are to establish points of contact between intellectual property law and sports, as well as a detailed analysis of relevant public relations in terms of intellectual property law and sports law. To achieve the objectives of the article, the authors used a number of scientific methods, among which the main methods are analysis, synthesis and comparative-legal method. The authors of the study concluded that modern sport is developing in close intertwining with intellectual property rights, because only in this way can a sports spectacle be conveyed to a wide range of spectators and consumers in a broad sense. In addition, the range of points of contact between intellectual property and sports law is constantly growing and such can now be called not only patents and trademarks in sports, but also copyright, "image" rights, know-how in sports and the like.

Using a documentary analysis method, it examines the legal issues that exist in the field of application and protection of non-proprietary personal intellectual rights on the Internet. The first section examines the legal consequences of the active development of information technologies and their impact on relations in the field of intellectual property. It identifies some issues that arise when placing intellectual property objects on the Internet. The second section of the article provides an overview of approaches to the legal regulation of intellectual property relations under the legislation of Ukraine. The third section highlights the types and features of violations of non-proprietary personal intellectual rights on the Internet, as well as legislative and technical methods of their protection. It is noted that the main types of violations of non-proprietary personal intellectual rights on the Internet are piracy and plagiarism. It is concluded that, among the problems that hinder the adequate protection of intellectual property rights on the Internet, the main ones are the legal uncertainty of many key concepts or their insufficient development and the lack of effective mechanisms for the protection of personal non-property rights.

Analyzes the importance and legal protection of biotechnology, international trends, and abusive practices by states and transnational companies involving intellectual property rights. Summary in English.

The aim of the article is to analyze the implications of the franchise agreement in international trade. One of the contracts that is usually registered after the appearance and registration of property rights, and especially after the development of trademark rights, is the franchise agreement. A franchise agreement is a contract entered into between the franchisor and the franchisee as the owner of the intellectual property rights. In other words, the franchisee often uses trademark rights and intellectual property rights owned by the franchisor, which have a limited duration. It is concluded that, in franchise agreement, there is a right to enforce the franchisor's business method, which is implemented within the network (this method includes the use of intellectual property rights and know-how). This contract has detailed terms and is closely related to intellectual property rights and competition rights. The franchise must be distinguished from the distribution contract, the concessionaire, and the license. Under this agreement, the franchisee enters the franchise network and agrees to use the franchisor's method of negotiation and pay royalty-free payments instead.

El pasado 27 de junio de 2018, el grupo de investigación «Derecho de internet» DDI (grupo consolidado AGAUR 2017SGR1711), de los Estudios de Derecho y Ciencia Política de la UOC, organizó la Jornada «Inteligencia Artificial y Derecho," en la sede de la Universitat Oberta de Catalunya, en Av. Tibidabo 39 de Barcelona. Como ponentes se contó con la presencia de los profesores Manuel Desantes, catedrático de Derecho internacional privado, Universitat d'Alacant), Jane C. Ginsburg, Morton L. Janklow, Professor of Literary & Artistic Property Law (Columbia University Law School), Andrés Guadamuz, Senior Lecturer on Intellectual Property (University of Sussex), Aurelio López-Tarruella, profesor titular de Derecho Internacional Privado (Universitat d'Alacant), Alessandro Mantelero, Professor of Private Law (Politecnico di Torino), Anna Ramalho, Assistant Professor of Intellectual Property (Maastricht University) y Antoni Rubí Puig, profesor agregado de Derecho Civil (Universitat Pompeu Fabra).

The article discusses the legal regulation of the application of civil law methods of non-patrimonial personal rights in the protection of patent rights. Methodologically, the scientific method and the technique of documentary research close to legal hermeneutics were made. By way of conclusion, everything indicates that there is no mandatory administrative procedure for resolving authorship disputes in the patent dispute chamber in Russia. In addition, it was revealed that the provisions of Part 4 of the Civil Code of the Russian Federation with respect to the Protection of Non-Property Personal Patent and Intellectual Rights were unsuccessfully established and created legal uncertainty, as only part of the above methods of civil and personal rights have worked in non-property litigation. As a recomjunction, it is proposed to extend the scope of Article 1407 of the Civil Code of the Russian Federation "publication of the judicial decision on patent infringement" and related administrative procedures for cases of violation of non-patrimonial personal patent rights.

Globalization is the result of the combination of technological information, free market on a global scale, & international mass media. Its clearest manifestations are the growth of world trade, increasing technology, & new financial trends. The world of globalization is commonly viewed as a world of increasingly unfair distribution of welfare & opportunities of personal development. By examining topics such as the European style information society, the world information society, the knowledge society, & even globalization, the author explains the advantages & disadvantages for underdeveloped countries, in comparison to developed countries, in terms of market access, intellectual property rights, employment, & other aspects related to the development of nations. Adapted from the source document.