Dear readers! All articles of this issue are in English.

Development of IP sphere

Orliuk O. The role of legal science in the process of reforming intellectual property sphere in Ukraine: achievements, objectives, mission

Р. 5–13

The author analyzes the steps taken by Ukraine in the development of legislation in the field of intellectual property. In addition, the author analyzes the achievement of the Intellectual Property Research Institute of the NALS of Ukraine in the development of intellectual property of Ukraine and acquaints readers with the goals and objectives of its activities.

Keywords: intellectual property, education, science, laws, Institute of Intellectual Property NALS of Ukraine, law reform

 

Kashyntseva O. Modern values of harmonization of human rights and intellectual property rights in health care

Р. 14–18

The article is devoted to interdisciplinary aspects of modern values of harmonization of human rights and intellectual property rights in the sphere of medicine and pharmacy. The necessity to find a balance between human rights and intellectual property rights arose in Ukraine in accordance with international obligations. Modern human rights values unbalanced  by modern facilities and the general principles of intellectual property rights. It is obvious that the problem arose not only for Ukraine. The imbalance between the rights of human rights and intellectual property rights consists of two main parts: the human rights violations at the stage of obtaining scientific results in  biomedicine and pharmacy, which can be protected in the mode of IP rights; and human rights violations during the protection of intellectual property in biomedicine and pharmacy.

National patent reform aims to harmonize rights and intellectual property rights, by implementing flexible provisions of the TRIPS Agreement, implementation Bolar exception, development of effective mechanisms for compulsory licensing, and so on.

Keywords: human rights, intellectual property, moral and ethical values, medicine, pharmacy

 

Trade secret

Androshchuk H. Protection of trade secrets in international legal doctrines: strategies to achieve employee loyalty.

Р. 19–29

The article investigates the role of trade secrets in the competition. It is explained the need to include into strategies for the protection of trade secrets of enterprises of such a key element, as the high loyalty of employees. The basic ways and means to ensure the credibility and dedication on the part of employees, which prevents unauthorized disclosure of these commercial secrets of the enterprise are considered.

Key words: competition, trade secret, privacy, economic security, employee loyalty

 

Defence

Zerov K. Problems of identification of a copyright infringer for works posted on the Internet

Р. 30–40

This publication examines the problems of identification of an alleged infringer of copyright for works posted on the Internet. The author divides types of such identification depending on the characteristics of wrongful conduct on the person: 1) identification of the person — the owner of the website; 2) identification of the person — the user of the website where the work was posted; 3) identification of the user of P2P network, where each has its own characteristics. According to analysis, the process of identification of the person who committed direct copyright infringement (the user of the website who posted the work and user of P2P network) is usually divided into three stages: 1) identification and collection of IP-addresses; 2) detection of correspondence of the IP-addresses of to the specified subscribers (users) of certain Internet intermediaries; 3) informing or sending claims to individuals regarding infringement of copyright and the possibility of filing (or direct filing) of claims against them. The author concludes that use of IP-address only is not enough for identification of a person — infringer of copyright (rather than the place where the infringement is committed) for works posted on the Internet, thus it is necessary to use additional evidence to establish a causal connection between the person — subscriber (end-user), with certain delegated IP-address, and copyright infringement.

Keywords: Internet, piracy, copyright, identification

 

Shabalin A. The court order proceedings of civil procedural law of Ukraine: scientific issues and practices

Р. 41–47

In the article the theoretical issues of court procedure, in particular the genesis of the court order in Ukrainian procedural legislation are investigated.

It is noted that in the court order proceedings of the EU is moving towards unification, which is caused by the action of the common European judicial proceedings (EU Regulation 861/2007 — European single judicial order; ЄS Regulation 861/2007 — European single judicial procedure for resolution of small (small) disputes).

It is noted that in the structure of the court order procedure stand out as stages (examination of the case by the court of first instance, the revision of judgments in cases of court order procedure, the court order of execution), and steps that show the feature and implemented exclusively in the first stage is the stage of consideration of cases in court of first instance. It is noted that today in the procedural science, there are several approaches to the issue of court order procedure models, namely its structure. For example, some scientists point out the existence of the three stages of production clerk (O. Shtefan), others point out the presence of three stages of production (A. Shabalin), which include the stage of execution of a court order.

The article directly investigates the procedural peculiarities of the possibility of solving cases of court order procedure, namely, the order of submission of the application for a court order, the opening of court order procedure, issuance and cancellation of a court order by the court of first instance, but also focus on the peculiarities of judicial review of decisions, decides court in matters of court order procedure.

Also in the article it has been investigated practical issues of court order procedure, in particular the possibility of using court orders to collect financial debt collecting royalties for the use of intellectual property, the return of the bank deposit.

Keywords: civil cases of the court order proceedings, court order proceedings (writ proceedings), court order (a writ), doctrines of civil procedure, controversy about claim

 

Scientist view

Chaban O. Duty of confidentiality and duty of openness in health law of Ukraine and the United Kingdom of Great Britain and Northern Ireland

Р. 48–54

This article is dedicated to the analysis of the duty of confidentiality and duty of openness in the health law of Ukraine and the UK, to the comparative examination of the principle of balance of different duties and rights implemented and used in the above mentioned countries; to the elaboration of amendments to the health law of Ukraine in order to make it meeting the best European practice and human right values.

Key words: Bioethics, duty of confidentiality, duty of openness, health law, privacy, disclosure, breach of confidentiality, balance of different rights

 

Kashkanova N. The role of deontological norms in formation of legislation regulating the procedure of medical and biological research involving humans

Р. 55–66

This article is devoted to the problems of legal regulation of medical and biological experiments on humans. In particular, the author examined the factors determined the appearance of legal regulation of the use of medicobiological experiments on humans that have a complex nature and related to the need to ensure individual rights and freedoms, aimed at preventing violations. Separately, the author analyzed the national legislation of Ukraine in the health sector, which on the national level provides legal regulation of certain issues of medicobiological experiments on humans. The author made conclusions about the necessity of rethinking of the peculiarities of contractual regulation of relations in the application of medicobiological experiments on humans, and emphasized the need to develop a unified doctrinal approach to improving the legislation of Ukraine and bring it in accordance with international legal standards in health care. At the same time, the author also noted the need for further comprehensive scientific research of the features of criminal and legal relations arising as a result of such experiments on humans.

Keywords: human rights, biomedical research, clinical trials, medical products, informed consent, appearance and formation of legal regulation, realization of medical and biological experiments on humans

 

Chomahashvili O. Parliamentary hearings in Ukraine: the experience and prospects

Р. 67–72

In the article attention is paid to the theoretical and legal foundations of the order of parliamentary hearings in Ukraine and outlining their mandatory limits. It is analysed the practice of parliamentary hearings in Ukraine on the example of the environmental sector and consider the fulfillment of instructions; the today situation in parliamentary hearings and formulated the proposals for the development of this issue. It is proposed to consider the hearings not only as a form of parliamentary control, but also as a way of feedback of control object. Details analysis of  legal and institutional framework of parliamentary hearings was made.

The theoretical and legal basis of the order of parliamentary hearings in Ukraine was studied. The author emphasizes that provision of parliamentary hearings in the Parliament of Ukraine does not determine the consequences of the rejection of the Verkhovna Rada of Ukraine Resolution on approval of the recommendations of the seminar participants. Having examined the practice of holding parliamentary hearings on the example of the environmental sphere is obvious that most of the taken steps were not met. After analyzing the situation in the parliamentary hearings there were formulated following proposals for development of them: an appropriate regulatory basis for the organization and holding of the parliamentary hearings, in order to fully exploit the potential of the control function of Parliament; strengthening of informing the public about the social content of parliamentary hearings; involvement of specialists and experts to participate in the hearings, followed by the publication of their performances.

Key words: parliamentary hearings, parliamentary control, the control function of Parliament, the environmental law

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№ 3 (89) 2016