№ 1 (57), 2011
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.
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.
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.
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.
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.
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».
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.
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
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.
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.
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.
The article is devoted to research and analysis of different views on the prospects of the agrarian legislation of Ukraine systematization.
The work is devoted to studying of the legal regulation of declaring of agricultural enterprises bankrupt