Download Journal №2, 2012
R. Ennan

Intellectual property rights (exclu­sive rights): general characteristics and legal nature

P. 3-10

The development of concepts of in­tellectual property rights is analyzed. It is studied the preconditions of the origin and qualifications of intellectual property rights, appropriateness of use of the «intellectual property» term in doctrine and law-making process.

Yu. Osypova

Legal status of higher educational establishment of Ukraine as a subject of intellectual property rights law: general description

P. 11-19

The article presents general descrip­tion of higher educational establishment of Ukraine as a subject of intellectual property rights law. In particular, it studies the grounds for the obtaining the intellectual property right by higher educational establishment and the con­tent of this right.

The article presents the classifica­tion of the objects of intellectual pro­perty right in relation to which the higher educational establishment may be a subject of legal relationships.

E. Shtefan

Plagiarism — an integral part of creativity?

P. 20-29

This scientific paper considers such topical violation of copyright as plagia­rism. Directly by analysis of the cur­rent legislation, are defined: the objects for which plagiarism is possible; quali­fying features of plagiarism, a set of intellectual property rights that are vio­lated as a consequence of plagiarism, as well as the classification of plagiarism is provided and examples of it are given.

E. Grekov

The establishment of legal protection of products of architecture in Ukraine

P. 30-37

The author explores the history of the origin, formation and determines the prospects of legal regulation of rela­tions on the creation and use of products of architecture as an object of copyright.

S. Savich

Trends in the development of civil legislation on commercial names (firm) in Ukraine and the Republic of Poland (comparative legal description)


This article deals with the concept of a commercial name (firm) as an object of intellectual property, which provides the possibility of identifying business enti­ties on the market. The evolution of this concept in the legislation of Ukraine and Poland in the context of European trends is highlighted. Have been shown the major issues of commercial names protection in Ukraine, suggested possi­ble solutions based on the experience of neighboring state.

O. Ivat’o

Valuation of intellectual property in the context of privatization

P. 46-52

We consider the organizational and economic aspects of the valuation of in­tellectual property (IP) in the context of privatization: the development of the institute evaluation, assessment catego­ry of subjects, problems in the organi­zation and methodology of evaluation activity, the development of IP market.

A. Shtefan

The court decision in cases of claims to the media to defend ones honor, dig­nity and business reputation
P. 53-59
The article deals with the court deci­sion as an act of justice in cases of claims to the media to defend ones honor, dignity and business reputation.S. Parhomchuk

Participation of experts in review of the commercial disputes in the field of intellectual property

P. 60-66

The article investigates the procedur­al status of a court expert in commercial cases arising in the field of intellectual property. The author analyzes the issues of legal regulation of the participation of experts in resolving these disputes in the context of existing jurisprudence.

I. Benedysyuk

On the conformity of European and domestic experience in the legal regu­lation of intellectual property rights protection

P. 67-73

The article deals with the theoretical understanding and enforcement in the protection of intellectual property rights in the context of strengthening the relevant provisions in national legis­lation of Ukraine and comparison with European experience and legal regula­tion of intellectual property rights.

N. Zahrisheva

Franchising and concession: general and specific features

P. 74-79

This article researches the ratio of the concepts of «concession» and «franchis­ing» on the basis of the provisions of current legislation of Ukraine and analy­sis of the views of individual scientists.

I. Rudchenko

Peculiarities of the legal regime of some results obtained in the realiza­tion of a R & D contract

The need and timeliness of the re­search of questions of the rights distrib­ution to intellectual property rights, the basis of origin of such rights in the re­alization of R & D contracts is connect­ed with practical problems that must be solved by applying the legal standards governing the performance of not only R & D, but also the rules that govern the distribution of intellectual property rights for objects created as the compli­ance with the labour contract.

S. Kornovenko

Intellectual Property: new facets of the phenomenon

P. 88-94

The current state of intellectual property as the scientific and educa­tional category in Ukraine is analyzed.

V. Kraschenko

Thoughts on the «trade secret» defi­nition

P. 95-100

The author, based on personal expe­rience, analyzes the «trade secret» defi­nitions which are proposed in current legislation and the draft laws.

V. Romanyuk

The implementation in Ukraine of international agreements aimed at elim­inating international double taxation


The article raises theoretical ques­tion of double taxation, understanding, kind, means elimination. We consider the original principles of international tax treaties signed by Ukraine, and their uses

№ 2 (64), 2012
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