№ 1 (75), 2014
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.