№ 2 (100) 2018

Download Journal № 2 (100) 2018

Drobyazko V. Legislative acts of USSR about copyright 20 years of XX centu­ry

P. 5-11

This article is dedicated to the development of Fundamentals of copyright of The USSR from 1925 and 1928 y., and theirs comparative analysis. Respectively to the speci­fied acts, all authors recognized copyright on the works created by them, which dedicated to laws at 1925 and has been valid for 25 years from moment, when the author first ap­peared with his work or from time, when his work was firstly published. And from 1928 the majority ofauthor’sworks had lifetimecopyright. Author’scopyrightcould go to heirs for a period of 15 years after authors death. Author could use the work according to contracts between authors, which were regulated by law. Fundamentals of copyright contained a fairy wide range of inventions, which could be used without rights. Translation of the work was not a violation of copyright, use someone else’s work to create your own work, which is very different from the original, public performance someone else’s work with free for author. Comparatively with period of «military communism» that period was «period of gradual recovery and copyright expancion».

Keywords: copyright, basics of copyright, objects of copyright, purchase of copyright

Ulitina O. Fan art and copyright

P. 12-15

Contemporary art provides much more opportu­nities for realization of the creative potential than ever before. Therefore, there are many new types of art that intersect with the other objects of copyright. Today fan art is one of the most popular kinds of visual art. A lot of nowadays artists create fan art works, and some of them some start their creative path making fan art.

The article is dedicated to the problem of correlation of fan art and copyright. This issue today remains one of the most interesting and not fully developed problems in mo-dern art.

The article deals with issues related to the possible copyright infringements, which may appear during the use of the original work in creating fan art. It analyses the legal nature of fan art.

The article contains the analysis of existing Ukrainian legislation in this field, which regulates copyright questions concerning fan art works. The analysis of fan art as deriva­tive work is made.

The article identifies the main characteristics of fan art, which are important for estab­lishing it’s the legal nature.

Key-words: copyright, fan art, derivative work, copyright infringement

Shtefan А. Statement of expert in civil proceedings

P. 16-28

The expert’s statement is the result of the application of special knowledge. This knowledge is not conclusions that any person can make; it’s obtained in the process of theoretical training and practical activities in a certain area of science, technology, art, crafts.

In the statement of expert special knowledge is used in the form of research which must satisfy two requirements: objectivity and reasonableness. The expert’s statement is directed not to the establishment of known and undisputed facts but to the search for certain new knowledge that is necessary to establish the circumstances of the case and cannot be ob­tained by the court in any other way.

The expert’s statement has a special form which is uniform for all types of forensic exam­inations and should be prepare in the manner prescribed by law. The person who draws up the expert’s statement has a special status which is defined in the CPC and the law on judi­cial expertise. Unlike other people who also have special knowledge (a specialist and an ex­pert field of law) only experts direct their activities directly to establish the circumstances of the case. The expert’s statement may be prepared on request of the participant in the case or on the basis of a court order regarding the appointment of an expert examination.

The article deals with conclusions of a theoretical nature and proposes improvement of norms of civil procedural legislation.

Key words: expert’s statement, consultations of specialist, expert statement in the field of law

Zaykivskyi O., Onistrat O. Intellectual property question in national securi­ty issues researches

P. 29-40

The influence of intellectual property on ensuring national secu­rity and defense of Ukraine is considered. The importance of implementing measures to unconditionally ensure the protection of intellectual property, especially in the military- technical sphere to neutralize the threats to state security in the field of intellectual property.

Threats to the national security are constantly being transformed, the spheres of their influence are expanding. Today, radical new threats are being added to traditional threats, the occurrence of which is due to the development of science and technology, the processes of globalization and other factors.

The processes of globalization determine the main trends of the world economy and politics, and also cause radical changes in the international security environment. In the structure of the national interests, the possession of advanced technologies, the lat­est means of communications and communications comes to the first place. Modern technological, economic, informational development has led to the appearance of a wide range of threats of a new type and it enhances the effect of already known threats.

These threats include, in particular:uncertainty of the state scientific and technolog­ical policy; uncontrolled leakage of intellectual and scientific potential beyond Ukraine;scientific and technological lag of Ukraine from developed countries.

So, there is a growing need for theoretical studies that would conceptually define and substantiate the role of intellectual property in the field of national security and defense.

The complex study of various approaches to the analysis of scientific and technical policy is relevant in view of the need to prioritize the role of intellectual property in en­suring national security and national interests of the Ukrainian State.

In modern conditions, the concept of national security is expanding due to the inclu­sion of all the new spheres of public life in it.

National security of Ukraine is a complex multifaceted concept, and in the social spheres of functioning includes the following types of security: political, economic, mili­tary, state, informational, scientific and technological, ecological, epidemic, security of cultural development of the nation and other security (financial, fire, food, security of trade, etc.).

In order to neutralize the existing challenges and threats, it is not enough to rely only on the advanced achievements of the military-defense complex or the accelerated growth of the gross domestic product.

Therefore, the national security is unthinkable without consideration of intellectual property as an integral part of national security.

Intellectual property itself is a connecting element in the chain between science that produces new knowledge and technology, and industrial production, where they are im­plemented. Therefore, learning to effectively manage intellectual property is an impor­tant task for raising the level of economic security of Ukraine.

Considering the threats to the national interests and national security of Ukraine in the defense sector, specialists also note the problems of intellectual property that arise, including in cooperation with foreign defense industry companies (investments, joint production, procurement of technologies, etc.).

Recent developments of major defense or economic significance are, to a large extent, belong to the state secrets and they are the subjects of the state protection. However, each new development, by definition, contains the objects of intellectual property rights, which are the integral part of it. Therefore, the state is obliged to secure and protect its right to the objects of intellectual property rights related to the development of new models of weapons and military equipment or their modernization. This is especially true of measures of state defense orders and state programs for the development of weapons and military equipment. It is precisely in the course of the implementation of the research and development work and state programs the objects of intellectual prop­erty rights, which belong to the sphere of national interests, are created, and the state is obliged to ensure their protection and ownership of these objects. The question of the ef­fective protection of rights of the objects of intellectual property rights related to the de­velopment of new models of weapons and military equipment or their modernization is both in the context of ensuring the national security of the state and in the economic plane. This is a reduction in the cost of development, and the protection against the claims of anyone in the mass production for their own needs and for export, and the pos­sibility of profit from the sale of licenses.

A deliberate and purposeful modernization of the intellectual property sphere can act as a powerful factor in the transformations in the economy in whole, the engine of the transition to advanced technological processes, the development of new knowledge­intensive industries. Taking into account the above mentioned features, at the present stage, the urgency of optimization of the state management of the scientific sphere, stimulation of the development of innovation sectors of the national economy, and the strengthening of international cooperation is increasing.

The issues outlined need a comprehensive consideration by the professional commu­nity and take into account the actual security aspects of the development of education and science.

Further research of these issues should be aimed at improving the conceptual foun­dations of the relevant state policy of Ukraine and, in particular, developing a unified approach to defining a system of protection of intellectual property as an integral part of the sphere of ensuring national security and defense.

Key words: national security and defense, intellectual property, defense sphere, ob­jects of intellectual property rights, armament and military equipment, military-techni­cal cooperation

Gordeichuk V. The problematic issues of the definition of positive conditions of a trademark protectability

P. 41-48

The article deals with the problematic issues of the theo­retical definition of the concept of «protectability of a trademark» in accordance with the pro­visions of the legislation of Ukraine and the main international legal acts in the field of in­tellectual property protection. Also provided analysis of the main positive conditions and fea­tures that determine the protectability of the trademark as a protected intellectual property rights object. The following conditions of protectability are analyzed: the presence of a con­ventional designation expressed in the objective form, the distinctive ability of a trademark, «patent purity» and other conditions that affect the possibility of obtaining legal protection.

Keywords: trade mark, trademark, sign for goods and services, object of intellectual prop­erty relations, protectability, positive conditions of protection

Butnik-Siversky O. Innovativeness of integral scientificand production for­mations in conditions of progress to the neo-economy

P. 49-58

In the article the author re­searches the features of the terms «innovativeness» and «level of innovativeness», their difference, and reveals the nature of innovativeness as a special feature that characterizes the result of a dynamic, systematic and purposeful updating of integral scientific and pro­duction formations.

Large-scale introduction into the economic turnoverthe products of intellectual labor (knowledge, technologies, scientific and technical developments), that acquire intellectual property rights with a purposeof their commercialization and achievement of the socio­economic effect is the main feature of the innovativeness of integral scientific and produc­tion formations.

Discussion among scientists is the definition of «innovativeness». In the view of eco­nomic nature, innovativenessis seen as the perception, production and application of new, as well as the possibility of diffusion of innovations from the point of economic theory, em­phasizing the presence of a new phenomenon, products, technology, etc., aimed at increas­ing efficiency.

The concept of «triple spiral» for formation a system of relations between public admin­istration bodies, business structures and scientific organizations in the conditions of progress towards a neo-economy is developing. The main thesis of the theory of «triple spiral» is that in the system of innovative development the institutions that are responsible for creating new knowledge start to dominate. The reason for such an important transfor­mation was the logic of the development of science, which gives rise to more and more syn- theticdirections, which include both fundamental and applied research of interdisciplinary nature and development.

Achievement of the integrated effect of continuous updates is further deepening of in­novativeness in the conditions of progress to the neo-economy in the formation of the sys­tem of relations between public authorities, business industrial structures and scientific organizations, where intellectual property commercialization and capitalization manage­ment develops.

Key words: innovativeness, innovativeness level, integrity of scientific and production formations, neo-economics, concept of «triple spiral», management of commercialization

Revutsky S. Priorities and innovative breakthroughs in the development of neo-economicsat the end of the twentieth-first half of the XXI century

P. 59-64

The article summarizes the practical implementation of theoretical provisions of N. Kontratyev on the compensatory development of the world economy in an innova­tive breakthrough and priorities in the late 20th century and in the first half of the 21st century.

Key words: technological forms, innovative breakthrough and priorities, neo-eco­nomics

Koval I. About development of the national system of legal education in the field of intellectual property

P. 65-72

The article is devoted to research of the state of the na­tional system of legal education in the field of intellectual property. The stages of nation­al strategy forming of study of intellectual property and right of intellectual ownership are certain in higher educational establishments. The problem aspects of the legislative adjusting are exposed in this sphere. Directions of further development of the national system of legal education are offered in the field of intellectual property, in particular, by introduction for a study students «Master’s degree» of educational discipline «Commer­cialization of intellectual ownership rights».

It is grounded, that legal education must provide preparation of specialists, capable at high professional level to apply knowledges and abilities, necessary for development of innovative model of development of modern economy, effective realization and defence of rights on the objects of intellectual property in practice.

It is grounded, that the system of education must provide the deep study of different aspects of realization and defence of intellectual ownership rights. Actual for speciality «Jurisprudence» and other specialities becomes a deep study along with a base course «Right of intellectual ownership», «Intellectual property» for students «Bachelor’s de­gree», also and separate educational discipline «Commercialization of intellectual owner­ship rights» for students «Master’s degree».

The study of this discipline will allow graduating students to be ready to the success­ful decision of tasks in the field of intellectual property, which are put before every pro­ducer in the conditions of innovative economy, based on the effective use and defence of intellectual ownership rights. The purpose of study of course of commercialization of in­tellectual ownership rights is forming of jurisdictions, necessary for understanding of theoretical knowledges students about the legal adjusting of commercialization of intel­lectual ownership rights, methods and legal forms of commercialization of intellectual ownership rights, receipts of practical skills and abilities in relation to the features of re­alization of rights on the objects of intellectual property, mechanism of defence of these rights.

Keywords: national system of legal education, intellectual property, objects of intellec­tual property, higher educational establishments, commercialization of intellectual own­ership rights

Postrygan T. Technological parks at the universities of France: issues of legal regulation

P. 73-78

The article reveals important aspects of the history of the creation and activities of technological parks in France.

The author examined the legislation of France on the activities of universities, mech­anisms for supporting innovation, protecting the interests of authors, the rights to intel­lectual property, obtained under state financing of developments and other issues.

The author traces the history of the development of technological parks in France from the moment of their creation to the present. Innovative structures and their fea­tures are considered. The analysis of researches of scientists concerning state-legal reg­ulation of higher education, research institutions, technological parks is carried out.

The modern condition and tendencies of activity of technological parks in France are characterized.

Key words: technological park, science, high technologies, innovation

Volynets I. Legislative regulation of generics in Ukraine and the USA: comparative and legal analyses

P. 79-89

The study aimed to investigate features of legal regulation of generic medicines. The definition of the term “generic” is provided. The comparative analyses were performed between the original medicinal products and the generics. There were performed analyses for international legislation on registra­tion, certification, compliance with quality and safety standards for the production of generic drugs. There was analyzed the law of the USA “The Federal Food, Drug, and Cosmetic Act (FD&C)”, regulating the quality of production of medicinal products, verification of production before going to market, the prevention of the counterfeits production.

The Good Clinical Practice (GCP) and Good Manufacturing Practice (GMP) stan­dards were studied in relation to their implementation by national legislation, and compliance with the provisions in the local pharmaceutical market. EU Directive 91/356/EEC, as amended by Directive 2003/94/EC, and 91/412/EEC on which based the “Good Manufacturing Practice” to be characterized in Ukraine.

The amendment was evaluated for the “The Hatch-Waxman Amendments to the Federal Food, Drug and Cosmetic Act”, which is maintained a balance between the patent holders of the drug and the production of their generic copies before the expire date of the patent.

The study is investigated development and production perspective of generics in the world is conducted.

Key words: medicines, generic, clinical trials, manufacturing practice, standard, patent, directives

For infomation

Tentative plan of activities of the Research Institute of Intellectual Property National Academy of Legal Sciences of Ukraine, devoted to the XII All-Ukrainian festival of science

P. 90-91