Download Journal №4, 2012

O. Pichkur, V. Pichkur, D. Pichkur

The identification of the subject matter of the civil contracts which concern the results of intellectual (mental) activity

P. 3-11

The article analyses the main termi­nological and legal issues regarding the term «the subject matter of the agreement on the management of mate­rial intellectual property rights». The article also provides the definition of the mentioned term.

S. Petrenko

The management of intellectual property rights on the regional level: present situation and the challenges of the development

P. 12-16

The article analyses the particular issues of the management of intellectu­al property rights in Ukraine on the re­gional level, and the condition of legal regulation of this performance.

Yu. Osypova

A higher educational establishment of Ukraine as a holder of intellectual property rights (in terms of copyright, patent rights, non-traditional intellec­tual property)


The article conducts the analysis of the current legislation of Ukraine and its practical application in order to determine the possibility for a high­er educational establishment to be a holder of copyright, patent rights, non-traditional objects of right of in­tellectual property.

O. Shtefan

Problems of qualification of piracy of copyright and related rights

P. 25-32

The work is devoted to the defini­tion of qualification attributes of pira­cy and its separation from other viola­tions in the field of copyright.

L. Rabotyagova

Legal protection of trade secrets in the contractual relations

P. 33-40

In this article the conditions of con­servation confidentiality of trade se­crets in civil contractual relations and the basic provisions of confidential agreement are considered.

O. Kashyntseva

The legal nature of trade secrets in the sphere of health care

P. 41-46

The article concerns the legal nature of trade secrets in the sphere of medical services. The author determines the content of «medical commercial secret», «trade secret of medical company» and «medical commercial information».

S. Butnik-Siverskiy

Fixing the rights on commercial se­cret and confidential information in the charter of a company

P. 47-55

The author considers the issue of fix­ing the rights on commercial secret and confidential information in the charter of company, particularly in case of introduction the rights on commercial se­cret into the charter capital, and legal regulation of these relations and rela­tions concerning insider information. Also author determines the content of the relevant section on confidentiality in the charter of company. It is found that the company should achieve sensi­ble balance between openness, which is needed to shareholders and investors, and company’s desire not to prejudice its own interests.

I. Benedusyuk

Preventive measures and measures of action in disputes relating to the pro­tection of intellectual property rights

P. 56-64

The article deals with the regulation and enforcement in the process of pre­ventive measures and measures of ac­tion in disputes relating to the protec­tion of intellectual property rights, considered the commercial courts. The analysis allows to draw conclusions on the improvement of the current eco­nomic procedural legislation of Ukraine to ensure an adequate level of protec­tion of rights of intellectual property.

S. Parhomchuk

Problematic aspects of execution of court decisions adopted in the com­mercial disputes in the field of intellec­tual property

P. 65-69

The article dedicated to the research practice of execution of court decisions adopted in commercial disputes in the field of intellectual property. The au­thor has analyzed some issues execu­tion of court decisions for specified categories of cases and proposed changes to legislation designed to address them.

R. Ennan

Problems of protection of copyright on the Internet

P. 70-77

In the article the theoretical and practical questions of enforcement in the process of protection of copy­right on the Internet are researched, taking into account the modern legisla­tive adjusting of legal relationship in the field of copyright in Ukraine. The problems of responsibility of subjects of copyright for offences on the Inter­net are investigated.

I. Rudchenko

Some aspects of the legal regulation of innovation activity in Ukraine


This article analyzes some aspects of the legislative support of innovative activity in Ukraine, as well as the expe­diency of making changes or additions to the scope of legal support innovation in the country. In this connection the author ascertains the state and the prob­lems of innovative legislation, which is part of an instrument of state economic policy towards a modern national eco­nomic system.

V. Nezhyborets

Foreign experience of public sup­port for venture capital activity

P. 83-88

The author considers the venture capital activities of foreign countries, peculiarities of such activities, high­lights the positive aspects. And also makes suggestions how to improve the domestic venture capital industry.

N. Zahrisheva

To the definition of «technology»


Analyzed using the definition of «technology» in national legisla­tion. The analysis of national, interna­tional and foreign law.

S. Slipchenko

Personal non-pecuniary rights that provide social being of the physical person as a variation of exclusive rights

P. 96-104

The article is devoted to the legal mechanism of regulation of personal non-pecuniary relations that provide social being of the physical person. The author concludes that the personal non-pecuniary rights that provide social being of the physical person along with the rights to intellectual, creative ac­tivity are included in the group of ex­clusive rights. So the personal non-pecuniary relations can be regulated with the legal mechanism of the exclusive rights.

B. Prakhov

Contract on a reimbursable transfer of scientific and technological achieve­ments and technical assistance: histori­cal experience

P. 105-110

The author analyzes the contracts on reimbursable transfer of scientific and technological developments, best practices and technical assistance, as well as give his answers to the ques­tions: how to organize work on the di­rect transfer of scientific and techno­logical achievements to interested busi­nesses? How to find technical solutions of industrial problems more quickly, which is necessary for organization to the buyer with the necessary technical and economic performance?

H. Ostafiychuk

The analysis of the problems of orga­nizational and legal support of veteri­nary sanitary rules for poultry farms

P. 111-117

A publication is devoted to resear­ching of features of organizational and legal support of veterinary sanitary rules for poultry farms economies, in­hibition of which will allow to promote efficiency of their economic activity, and also will create terms for the pro­duction of high-quality and safe goods of the poultry farming.

S. Mostovenko

Individuals as subjects of taxation in securities transactions


The paper analyzes in terms of the theory of tax law especially legal tax payers — individuals with regard to their participation in securities trans­actions. Subjected to critical analysis of current tax law provisions.

№ 4 (66), 2012
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