Download Journal №1, 2011

H. Androshchuk

The driving forces of the Intellectu­al Property System

P. 3-13

Key external factors — 1) power, 2) globalization, 3) the intensity of changes, 4) systemic risks, and 5) para­dox of knowledge, which influence the patent system — are analyzed and iden­tified. Proposed scenarios for the intel­lectual property system development: 1) dominant are the market rules, 2) dominant are principles of geopolitics, 3) dominant are interests of society, 4) dominant is technology. It concludes that the current patent system will de­velop to one of the following variants or combination of variants, depending on the influence of the abovementioned forces.

L. Komzyuk

Problems of harmonization of the protection of database rights (in the context of European integration of Central Eastern European countries)

P. 14-18

Substantiated necessity and best ways to adapt Ukrainian legislation on databases to the European Union legislation. Analyzed the relevant expe­rience of post-socialist European coun­tries, particularly Poland, Slovakia and the Czech Republic.

O. Shtefan

Art-dealer — a profession or a life­style?

P. 19-27

The author considers the work of art-dealers, functions of their activi­ty; the differences between the domes­tic and foreign art-markets are also in­vestigated. The examples of court cases with respect to art-dealers are given.

O. Matskevych

Legal status of Internet media

P. 28-36

The article gives the analysis of the conditions under which a web-site can be mass-media. The author notes that Internet media have differences from the familiar mass-media which are re­flected not only in presentation of ma­terial but in principles of work with in­formation. Particular attention is paid to the establishing of the criteria of qualifying the site as online media. The author made the scientific analysis of issues of copyright infringement in Internet media.

A. Shtefan

Criminal legal protection of copyright and related rights: current issues

P. 37-45

In the article aspects of the investi­gation of crimes that infringe on copy­right and related rights are investiga­ted, and the materials of judicial prac­tice on criminal cases on charges of committing such crimes are analyzed.

I. Zaytseva-Kalaur

Form of author agreement which consists organizations of mass-media in the process of their activity

P. 46-50

In the article author, analyzing posi­tion of national legislation, and also theoretical approaches of domestic and foreign legal science, characterizes the features of entering into author contracts about assignment of rights on the use of works by organizations of mass-media in oral, determines advan­tages of entering into such author con­tracts in the sphere of activity of orga­nizations of printing mass-media in a writing form. On the basis of the con­ducted analysis an author draws con­clusion about the necessity of bringing of adding to the article of 33 p. 1. of the Ukrainian law «On the copyright and contiguous rights».

O. Goyko

From judicial defense to alternative resolution of disputes

P. 51-58

This article continues the material about alternative methods for disputes resolution. The mediation and namely: steps, technique, methods being put to practical use, are introduced in it; general features and existing differ­ences of mediation, proceedings, pre­court dispute resolution, arbitral pro­ceedings are set forth here. In this work the tendency is underlined re­garding implementation and application of mediation technique in Ukraine.

A. Prakhov

Loss of commercially significant de­velopments and inventions premature disclosure prevention

P. 59-67

This article analyzes the causes of losses of commercially significant development or premature disclosure of inventions and measures through which you can avoid them. Examples from practice are given.

G. Shvets, K. Koval

On the topic of the legal protection of improvement suggestions

P. 68-70

The purpose of this article is to assess the conservation status of the rights to improvement suggestions in Ukraine and to develop recommendations for its improvement in present-day conditions.

D. Hetmantsev

“Commitment” application in legal science and current legislation of Ukraine

P. 71-78

The article analyzes approaches to the understanding of the category of “commitment” that exist in legal sci­ence, in particular, in civil and com­mercial law. The article analyzes the approach of the current legislation, reflecting the consolidation of different kinds of normative concepts of “com­mitment” in the civil, financial and economic legislation. The necessity of the development of this category in fi­nancial and legal sciences is proved.

O. Bykov

Constitutional guarantees of legal regulation of relations in the sphere of implementation of the right to freedom of religion

P. 79-84

In the article the legal regulation of guarantees of relationship in the sphere of implementation right to free­dom of religion are developed. On the basis of analysis of the regulations, sci­entific literature, a list of these guaran­tees and their characteristics is given.

I. Duhnevych

Prospects for the systematization of agricultural legislation

P. 85-92

The article is devoted to research and analysis of different views on the prospects of the agrarian legislation of Ukraine systematization.

M. Pokalchuk

Termination of activity of agricul­tural enterprises in recognition of their bankruptcy. The legal regulation

P. 93-97

The work is devoted to studying of the legal regulation of declaring of agricultural enterprises bankrupt

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№ 1 (57), 2011
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