№ 3 (71), 2013
The exclusivity of intellectual property rights through the prism of the civil-law doctrine
The question of the exclusivity of intellectual property rights is investigated in the article. The understanding of this category in the works of scholars of pre-revolutionary period, Soviet era, as well as in studies of modern jurists is analyzed. It is concluded that the exclusivity is a separate sign of intellectual property rights along with their absolute character.
The concept, features, nature, specificity, and the kinds of relationships on the Internet
The issues of the legal status of the subjects, the legal regime of the objects (the contents of relations) on the Internet, the classification of relations on the Internet, identifying specific, characteristic signs and nature are considered. The issues of determining the jurisdiction of the Internet and the formation of the Internet-law and the specific features and characteristics of the Internet worldwide are analyzed.
The codification of intellectual property in Italy
Italian legislation of intellectual property is regarded. The Industrial Property Code of Italy as comprehensive legal act providing civil and administrative legal system for regulating intellectual property is analyzed in detail.
Legal reasons for reducing of the public figure’s right of its health data confidentiality
The article is devoted to the study of the mode of openness of information about a public person’s health, determination of what information is on the public face is public information, and what is confidential.
From the history of the development of international legislation on protection of copyright
The international system of copyright protection is a complex mechanism, which is based, first of all, on the Berne Convention for the Protection of Literary and Artistic Works, in its versions, and the World Copyright Convention, the main aim of which was the creation of a universal regime for the protection and enforcement of any copyright of literary, scientific and artistic works internationally.
Protection of intellectual property rights under Article 1 of the First Protocol of the Convention for the Protection of Human Rights and Fundamental Freedoms
The author analyzes the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms and makes the conclusion that they can be used also for the protection of intellectual property rights.
Administrative and criminal liability in Ukraine for the counterfeiting and piracy of copyright and related rights
The author considers the evidence of copyrights and related rights violations, ways of protection of copyrights and related rights under Ukrainian legislation.
Alternative court jurisdiction on consideration of civil cases in the EU
The article examines the problems of civil jurisdiction generated by civil law ban to merge into one proceeding the requirements to be considered under different rules of justice. Directly analyzes current European approaches to the alternative jurisdiction.
Principles of formation of regional innovation infrastructure: state and development trends
The article provides an analysis of current approaches to increase the effectiveness of innovation at the regional level, defines the role and the place of technology parks in the innovative structure of the structures in the region.
Peculiarities of application of competition law of Ukraine in the field of industrial property
This article analyzes the provisions of the current legislation of Ukraine and international regulations governing the application of competition law in the field of industrial property. We investigate some aspects of the provisions of competition law enforcement, monitoring activities of the Antimonopoly Committee of Ukraine, as well as litigation.
Realization of priciple of adequate financial support of judiciary in the legislation of Ukraine
The article analyzes the guarantee of the independence of the judiciary from the standpoint of adequate financial support. We consider international standards and their reflection in the Constitution of Ukraine and the applicable laws of the Judicial System and Status of Judges. Analyzes including these guarantees in the budget of Ukraine for the purpose of improving the current procedure for funding the judiciary.
The essence and nature of legal regulation of land relations carried out by local authorities
This article is about the essence and nature of regulation of land relations, the concept of the legal regulation of land relations by local governments.
Purpose of lands of rail transport in Ukraine
Purpose of lands of rail transport in order to determine the content and features elements of the legal regime of these lands is studied in the article. It is established that the regulation of land use for the operation of railway transport is specific to the functioning of railway undertakings, as well as the purpose of land on which these facilities are located. We prove that legally significant sign purpose railway land is the use of land only for operation of railway transport.
Legal charachteristics of an economic contract of railway transport services of cargoes transportation in the light of reform of railway transport
New approach to the economic contract of railway transport services of cargoes transportation in the light of structural reform of public railway transport of Ukraine is proposed. The propositions for legislation improvement in the part of this contract conclusion under structural reform of public railway transport in Ukraine are made.