Download Journal №1, 2014

V. Drobyazko

German law on the regulation of copyright in the information society

P. 3-6

The author analyzes the current German law, a large experience of the state in the sphere of copyrights guar­ding and protection in today’s techno­logical development in order to improve national legislation.

E. Stefan

Court fee as an element of the mechanism of realization of the right to appeal to the court in cases arising from copyright relations

P. 7-17

This scientific article is devoted to the specifics of exemption from court fees plaintiffs in cases arising from copyright relations. It is directly analyzed the three groups of people who are exempt from payment of court fees: government agencies, enterprises, insti­tutions, organizations, social organiza­tions, and citizens who apply in the cases provided by law, statements to the court to protect the rights and interests of other persons. Based on the analysis the author set out proposals for ad­dressing the identified conflicts and in­accuracies legislation of Ukraine in the field of public relations.

O. Kulinich

The consequences of illegal of pub­lic display, reproduction and distribu­tion of photographic artworks depict­ing an individual

P.18-23

The article is devoted to the speci­fic issues of illegal of public display, reproduction and distribution of pho­tographic artworks. The particular consequences of such violations are characterized. Among other tasks it is also discovered the non-pecuniary damage. The moral damage can be in­flicted as a result of violation of the right of an individual to own image, privacy, honor, dignity and business reputation, violation of the moral foundations of society.

A. Shtefan

Compensation for damages as a way of copyright protection

P. 24-34

The article is devoted to the prob­lems of doctrinal definitions of da­mages, analysis of types of damages, the study of the legal nature of com­pensation. The article describes the foundation of civil liability for damages and analyses lawsuits concerning the protection of copyright, which filed a claim for compensation for damages.

V. Trotska

Relevant issues concerning the bene­ficiaries, license agreements and royal­ties

P. 35-43

The article contemplates current is­sues of legal regulation of contractual relationships between a foreign-holders and Ukrainian users of intellectual property rights, and also special as­pects of the taxation of foreign eco­nomic operations.

Author makes a legal analysis of the beneficiary and mediator concepts; makes a comparative description of li­cense agreements and mediation; defines the features of remuneration (royalty).

E. Pyseva

The question of the use geographi­cal indications of goods in Ukraine as a domen of zone .UA

P. 44-50

The paper considers the use of a geo­graphical indication of origin of goods as the domain zone. UA, made a de­tailed analysis of the legislation regu­lating use of such a possibility, pro­posed a number of amendments are re­quired in order to minimize collisions and the legislation of Ukraine to European standards, given the experience of foreign countries and WIPO recommen­dations on this issue.

O. Illiashenko

Ethical and legal peculiarities of general grounds for patentability of the objects of patenting in the med­ical sphere

P. 51-56

Article is dedicated to the study of the general conditions of protectable objects of patenting in the field of med­icine. This research paper analyzes the requirements that are inherent pro­tectable objects patenting in the health­care industry, analyzed legislation of Ukraine and laws of foreign countries. The authors concluded that the above­mentioned objects of patenting must comply with the general principles of patentability in the field of medicine: morality, humanity and public order.

S. Revutskiy

Integration processes in technology and scientific spheres from the view of economic globalization

P. 57-62

The author examines the nature of integration (including economic as one of the most important phases in the development of the world economy). He investigates questions of integration processes in science, technology and manufacturing sectors of the world economy.

The Ukraine’s participation in the integration process with the European Union in this field is also analyzed.

V. Nezhyborets

Innovative entrepreneurship as a component of economic growth

P. 63-71

The article provides an analysis of current state of innovation entrepre­neurship, the numbers of «Ease of Doing Business» in Ukraine (Doing Business-2013 rating) are given, the factors from the state on whether to support innovative entrepreneurship, including social and macroeconomic factors affecting competitiveness in modern conditions. Effect of inspec­tions by authorities, opaque application of the legislation on the development of innovative business in Ukraine.

H. Androschuk

Public health, drugs and intellectu­al property: state and problems

P. 72-84

An economic and statistical analysis of the pharmaceutical market of Ukraine: the cost of medicines popula­tion, production and consumption of imported products and domestic pro­duction, rising prices, the state of patent protection of drugs, the dynam­ics of patent activity, the patent expan­sion of foreign pharmaceutical compa­nies, manufacturing drugs — generic strategies and foreign practice of com­pulsory licensing. Analyzes the impact of intellectual property protection, the possibility of the Agreement on TRIPS public access to medicines, especially regulation. Makes recommendations for changes to existing legislation.

V. Petrenko

To the question of qualification managerial decision as a result of in­tellectual activity

P. 85-89

Investigated and substantiated defi­nition of managerial decision as a re­sult of intellectual activity. Established that managerial decision may include characteristics other objects of intellec­tual property.

K. Konyushko.

Quality of tax legislation and tax disputes: the interlink ages

P. 90-96

The article investigates the relations between the quality of tax law and pos­sible tax disputes. It analyzes the theo­ry of law in terms of legal requirements for the example array of tax laws. The author raises the problem of the effec­tiveness of tax legislation and analyzes the effectiveness of approaches to tax law; the impact of the effectiveness of tax legislation for the implementation of the law is determined. The functions that perform the tax laws in their causal relationships regarding possible tax disputes are considered.

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№ 1 (75), 2014
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