Download Journal №4, 2011

L. Komziuk

Value of draft of the European Copyright Code for harmonization of Copyright in the process of European integration

P. 3-9

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.

V. Drobyazko

Civil remedies of copyright in the U.S.A.


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.

A. Shtefan

Videogram: researching the legal nature


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.

K. Afanasyeva

Copyright on derivative works in publishing

P. 21-28

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.

V. Batova

The analysis of international re­search and development cooperation agreements of Ukraine in regard to the issue of allocation of intellectual property created during such coopera­tion

P. 29-34

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.

I. Benedysyuk

The implementation of the law functions in intellectual property rights defense

P. 35-41

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.

M. Mikulina

Moral rights of intellectual proper­ty as a component of intellectual pri­vacy of an individual

P. 42-45

This article analyzes the characteris­tics of the moral rights of intellectual property faces a creator of intellectual privacy as a component of an individual.

B. Prakhov

Bypassing the patent holder

P. 46-50

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.

N. Voronytska-Gaydak

Antimonopoly Committee of Ukraine as the subject of the trade­mark rights protection

P. 51-55

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

Trade secret as an management ob­ject in the enterprise: legal actions

P. 56-60

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.

S. Revutskiy

Theoretical approaches to the for­mation and development of intellectu­al property infrastructure as an essen­tial part of the national innovation system

P. 61-71

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.

O. Simson

Innovation origin theory in the con­text of the knowledge economy

P. 72-79

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.

D. Hetmantsev

Obligation category in financial leg­islation of Ukraine

P. 80-86

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.

O. Holovenko

Specific features of administrative liability measurements utilization for financial offences


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.

P. Skutelnyk

Participation of the financial au­thorities with general and special com­petence in the insolvency procedures

P. 93-98

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.

V. Romanyuk

Fixing of the principles of interna­tional tax law in the Tax Code of Ukraine

P. 99-105

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.

№ 4 (60), 2011
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