№ 2 (58), 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.
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.
This article analyzes the features of the moral rights, providing social experiences of an individual and moral right of intellectual property.
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.
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.
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.
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.
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
The authors analyze the provisions of existing legislation about trademarks and offer ways to improve it.
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.
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.
The author of the article gives the analysis of the necessity of patent services marketing, points out the most important and particular qualities.
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.