Download Journal №2, 2011

H. Androshchuk

The driving forces of the Intellectual Property System

P. 3-9

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.

O. Baklan

Some issues concerning correlation of subjects and objects of administrative law relations in process of registration the objects of intellectual property and some other objects

P.10-15

In article analyzed legislation concern­ing correlation of subjects and objects of ad­ministrative law relations in process of re­gistration the objects of intellectual proper­ty, comparing registration some other objects. Author proposes some remarks about actual Ukrainian legislation.

M. Mikulina

Moral rights, providing social experi­ences of an individual, and moral rights of intellectual property: the signs of simi­larity and peculiarity

P.16-19

This article analyzes the features of the moral rights, providing social experi­ences of an individual and moral right of in­tellectual property.

V. Bed

Freedom of Conscience in Ukraine: some aspects (problems of theory and practice)

P.20-29

The article is devoted to the enlightenment of constitutional bases of right of conscience. The author in a historical aspect specifies on the evolution of norms legal, which fasten the component rights of conscience. Sugges­tions are specified in relation to perfection of the legal adjusting of right of conscience.

S. Revutskiy

Theoretical grounds of the world’s econ­omy concept essence

P. 30-33

In the article the author highlights a number of important theoretical positions concerning the characteristics of the effec­tiveness of the economy development. Para­meters, structural sources of economic de­velopment of the country are analyzed.

V. Drobyazko

Criminal liability for copyright infringe­ment in the USA

P. 34-38

The article deals with modern criminal sanctions in the United States for copyright infringement, the contents of such concepts as intent, commercial profit, punishment, fines and imprisonment are disclosed; repe­tition (re-committing illegal acts); vicarious liability and the complicity, the arguments in cases crimes and acts that violate copy­right.

Ye. Grekov

Town-planning products in the system of copyright objects of Ukraine

P. 39-46

In the clause the author determines ob­jective preconditions of distribution of the copyright protection on town-planning products, researches the legal maintenance of their signs and formulates their concept, characterizes a ratio of the given products with other objects of copyright.

K. Afanasyeva

Producer in audiovisual business: the legal aspects of activity

P. 47-53

The article deals with the problems of legal regulation of the producer in audio­visual industry. It is analyzed the main legal issues faced by the producer preparing the TV-project. The methods of TV-product separate elements protection are considered, advice on effective ways of protecting tele­vision shows original ideas are given.

H. Dorozhko, T. Matyashova

On the question of improving the pro­tection of trade marks rights

P. 54-58

The authors analyze the provisions of existing legislation about trademarks and offer ways to improve it.

S. Savych

Graphical representation as a precondi­tion for granting legal protection to trade­mark under EU law, and its incorporation into national legislation (on the example, the Republic of Poland)

P. 59-65

This article describes the requirement of graphical representation of the trade­mark, which is one of the toughest require­ments of the First EU Directive on trade­marks. Defined the concept of graphical representation, its role and functions in the protection of trademarks. In the case of the Republic of Poland — a member of the Eu­ropean Union shown features of adaptation of it’s requirement in national legislation.

N. Voronytska-Haydak

Trade mark infringement as a form of unfair competition

P. 66-69

The article considers the relevance of learning of trade mark infringement as a form of unfair competition. The main types of trademarks infringement that distin­guishes them from other forms of unfair competition are covered. Special attention is given to government regulation and the pos­sibilities of infringed rights protecting. The work of the Antimonopoly Committee of Ukraine for 2008-2009 is focused.

B. Prakhov

Patent services marketing

P. 70-76

The author of the article gives the analy­sis of the necessity of patent services mar­keting, points out the most important and particular qualities.

A. Lytvynov

About the necessity of development of united trade marks expert examination methodology

P. 77-80

The author grounds the necessity of de­velopment and legislative fixation of trade marks expert examination methodology in his article. Also the author attracts atten­tion to the problems that arise, when there are several trade marks expert examina­tions on the same subject within one law­suit, and both of expert examinations are well-reasoned but absolutely contrary at the same time.

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№ 2 (58), 2011
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