In the article are considered some aspects of European copyright law codification, particularly the draft of European Copyright Code. Substantiated that the draft of Code is a phenomenon in development and harmonization of EU Copyright Law.
The article deals with the complex civil remedies of copyrights in the United States: injunction of distribution of works and phonograms copies produced with copyright violation; recovery of actual damages sustained by a copyright holder, and the infringer’s profits; award of costs and attorney’s fees; removal and destruction of copies of works and phonograms made in copyright violation.
The author considers a videogram as the related rights subject matter, examines the criteria for granting legal protection videogram, and conducts a comparative description of a videogram and an audiovisual work.
Article considers problems of copyrights in publishing on transfers, adaptation, sequels. The author investigates a legitimacy problem having developed in the Ukrainian publishing market to practice of realization of transfers. In article specificity of mutual relations of the author, the publisher and the translator is analyzed, the volume of the rights of each of them is defined.
The article describes the general issues of international Ukrainian science and technical cooperation agreements, and provides analyses of the provisions regarding the intellectual property rights in such agreements.
Nature, setting and classification of functions of right, are investigated in the article. The concept of functions of intellectual property rights is offered. On the basis of research of positions of current legislation of Ukraine and theoretical positions the analysis of intellectual property rights is carried out as an object of legal defense. The conclusion about expedience of application of procedures of the economic legal proceeding in the process of defense of intellectual property rights is made.
This article analyzes the characteristics of the moral rights of intellectual property faces a creator of intellectual privacy as a component of an individual.
In his article the author based on personal multiyear patent experience and invention practice analyzes the current situation that is in Ukraine in the patenting field. The author makes his own critical comments about some negative phenomena in modern patent sphere of Ukraine, as well as gives examples of the foreign patent experience.
The article considers the mechanism of the trade mark rights protection via addressing the Antimonopoly Committee of Ukraine. Special attention was paid by the author to ACU functions and tasks as the public body for the trade mark rights protection in the context of unfair competition cases. The author of the article focused an attention on the necessity of developing legislation on the trade mark rights protection and further improvements by scholars and practitioners.
C. Chikin, V. Chernenko
The article is devoted to the planning and organizing of the necessary legal actions to classify the enterprise information as a trade secret. In particular the inclusion of appropriate provisions concerning trade secrets in the founding documents, the collective agreement, internal regulations.
The article is devoted to theoretical problems of formation and development of intellectual property infrastructure as an essential part of the national innovation system (NIS). The author pays special attention to creation and development of new technology based on intellectual property rights, innovation and intellectual property commercialization.
In her article the author analyzes the innovation origin theory in the context of the knowledge economy. On the basis of retrospective historical review are made such conclusions: scientific research results should be considered by the economic attractiveness and innovation — as the results of scientific and other intellectual creative activity, which is invested in the market turnover with a commercial purpose.
In this article positions of current legislation of Ukraine are investigated with the purpose of analysis of the fastened concept «obligation» and expedience of introduction of category «finan- cially-legal obligation» in the scientific vehicle of financial right.
The article investigates the theoretical approaches for understanding the financial and administrative liability, analyses the provisions of actual administrative and inter alia tax legislation in order to discover the features of administrative prosecution for financial offences.
The article analyses the issues of the participation of the financial authorities with general and special competence in the insolvency procedures.
It describes the provisions of actual legislation regarding the financial issues of the insolvency procedure, including the procedure of the application of tax authorities and the National Bank of Ukraine to commercial courts with the claims to declare the debtor as a bankrupt.
The questions of fixing in the Tax Code of Ukraine of the principles of international tax law rise in the article. Legal status is analyzed of non-resident — physical person.