Download Journal №4, 2010

O. Shtefan

Protection and defence of copy­right: theoretical aspect

P. 3-17

In this article the author attempts to combine doctrinal position concern­ing the “protection” and “defense” with the provisions of regulatory legal acts and their enforcement.

A. Hryshchenko

Charging order of proprietary rights of copyright and related rights as the subject of pledge

P. 18-24

The author analyses some problems of pledge of the intellectual property rights. At the very beginning of this article the author shows urgency of this theme. The author provides the analysis of main problems in this sphere. At the end of the article the author tells us about modification of the national legislation.

H. Dorozhko, Ye. Kifyuk

Some questions of protection and defense of digital photographic works

P. 25-28

The authors consider the problems connected with the creation and use of photos. They also offer their sug­gestions for the development of effec­tive protection of digital photograph­ic products and explanation of the problem of creativity and its influ­ence on the protectability of a work.

O. Matskevych

Editor of mass-media as the per­son of law in copyright

P. 29-35

This paper gives an analysis of re­lations between persons in the process of making of print media. Particular attention is paid to studying the problem of recognition of an editor as the person of law in copyright. The author tries to determine the measure of intellectual property rights belong­ing to the editor.

H. Androshchuk

Patent system in the world’s econ­omy: development scenarios

P. 36-53

The article is based on the results of the study «EPO Scenarios for the Future», held on the initiative of pro­fessor Alain Pompidou, the President of the European Patent Office. Such studies carried out for the first time, it lasted more than three years and is based on more than one hundred for­mal interviews with the world’s lead­ing experts in the business world, civil society leaders and politicians, experts in intellectual property field, international organizations, patent offices.

B. Prakhov

Basic purposes of patent protec­tion of inventions abroad

P. 54-60

With the mass development of in­venting acts supreme value accures the legal protection of inventions not only domestically but also abroad. The author proves the importance of such protection, and also explains the bene­fits of such protection in the future.

N. Ivanytska

Particular problems of realization of the rights to the trademark owned by several persons

P. 61-66

The article contains the analysis of certain issues originating from joint realization of rights for using of the trade mark registered on the names of several persons. In particular some aspects of entering into license agre­ement or some other contract of dis­posal of the intellectual property rights are studied. It is substantiated that it would be correct in juridical sense to refer to the analyzed legal relations as «joint possession of intel­lectual property rights for trade mark». It is found a gap in legislation con­cerning the form of approval given by all and every joint possessors of intel­lectual property rights for trade mark to make the license agreement or some other contract of disposal of the intellectual property rights. Fil­ling the gap is offered by means of the applicable laws amending.

V. Dmitrishin

The correlation between agree­ments on disposal of property and agreements on disposal of intellectu­al property rights

P. 67-74

The agreements on disposal of eco­nomic intellectual property rights have been considered and the legal analysis of their correlation with civil — law agreements on pur­chase/sale, donation, rent (leasing) as well as on production have been made.

N. Moskalyuk

Feature of licence contracts on the use of inventions in the field of the genetic engineering

P. 75-80

In the article the author conducts a study and generalization normative­ly legal requirements which behave to the license contracts with making of the scientifically grounded special signs of licence contracts on the use of inventions in the field of the ge­netic engineering.

O. Simson

Innovation law as the guarantee of stable innovational development

P. 81-86

There is a little studies on innova­tion law in Ukraine. The author in­vestigates the causes of such phenom­enon, as well as the legal nature of innovation law and adduces argu­ments by which such a right should be represented in the legal system of Ukraine.

D. Akimov

Social grounds of of labor migra­tion: the western and eastern models

P. 97-91

The author’s article highlights one of the key-directions of a new scien­tific discipline staring its active de­velopment — “Migration theory”. The author offers to consider the problems connected with the appro­priate approach to labour migrants on the part of emigrate-states, that is the attitude to a similar process on the part of the Ukrainian, and by the Ukrainian citizens traveling to work and choosing western or eastern mi- grational direction.

№ 4 (54), 2010
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