Download Journal №4, 2013
O. Orlyuk, O. Butnik-Siverskiy

Human capital in intellectual eco­nomics (economic and legal opinion and foreign experience)

P. 3-10

The article considers the develop­ment of the modern theory of human capital under the influence of econom­ics’ modernization in the view of knowledge economics, where the world scientific thought formulated a com­pletely new view on the civilization progress, which is based on the mecha­nism of innovative development with the creator’s participation. The authors determined that today in the innova­tion science it is distinguished the right on the results of intellectual ac­tivity and intellectual economics, which relies on the theory and methodology of intellectual capital as an updated methodology of its perception from the view of necessity to divide in the theo­ries of human potential, human re­sources and human capital in the intel­lectual economics.

O. Kashyntseva, Ya. Iolkin

Specific issues of the realization of intellectual property rights in the sphere of health care

P. 11-15

The article focuses on features of the intellectual property rights in the field of health care. The authors analyzed the legal status of the subjects of intellectu­al property in the field of health care through the prism of possible use (appli­cation) of the intellectual property in the medical practice. The authors concluded that without the special sta­tus of a medical practice the author can not realize the full intellectual property rights in the field of health care.

O. Doroshenko, N. Minchenko, O. Berestyuk

The reasons of arising of trade­marks and domain names conflicts, and the ways of their solving

P. 16-21

The article deals with such issues as the definition of a domain name and its structure, basic steps that lead to conflicts between trademark owners and individuals who deliberately use them when registering ones domain name. The issues of resolving the con­flicts that arise on the basis of inability to effectively protect the rights of own­ers as trademarks and domain names, based on existing national legislation in this area are considered.

A. Shtefan

The recognition of the transaction invalid as a method of copyright pro­tection

P. 22-31

The article discusses the contents of this method of copyright protection as recognition of the transaction in­valid. The conditions of validity of transactions in relation to the scope of copyright material analyzed jurispru­dence.

G. Androshchuk

European strategy for the protec­tion of industrial property


The paper analyzes the development of the Concept of Intellectual Property Strategy in the world. The main compo­nents of the strategy of industrial property to the countries of Europe: economic and social benefits from the provision of industrial property rights, support for innovation, reform of the law on trademarks, patent reform, dis­pute resolution, enforcement, fight against counterfeiting and piracy.

The conclusion about the need for and the development strategy of the na­tional system of intellectual property rights in Ukraine.

O. Yampolska

Territorial scope of use of communi­ty trademarks


The article examines the territorial aspects of use of Community Trade­marks. Further to the analysis of preparatory documents related to the drafting of the Council Regulation (EC) № 207/2009, the decision of the Court of Justice of the European Union in the case ONEL/OMEL and recent publica­tions on this issue, the author makes conclusions and a number of proposals regarding the criteria for geographical scope of CTM genuine use.

E. Afanasyeva

Specifics of contractual relations with illustrators in the sphere of pub­lishing

P. 52-58

The article examines the legal prob­lems associated with the illustration of works in publishing. Particular at­tention is given to the contractual rela­tions between the publisher and the il­lustrator; respect of the moral rights of the author, co-author resolve issues and legal assessment of artistic borrowing.

D. Pyliuchenko

Key features of copyleft

P. 59-67

The article deals with the origin and meaning of copyleft and expediency have to Creative Commons and securing «free license» by law.

O. Krupchan

Research Methodology of the execu­tive authorities in the science of ad­ministrative law

P. 68-73

This article analyzes the methodologi­cal basis of administrative and legal re­search activities of the executive power.

L. Maidanyk.

Right to use the name of a famous person post mortem: notion, legal na­ture, legislative regulation in Ukraine and foreign countries

P. 74-79

The author considers matters of right to use name of famous deceased person (post mortem) according to Ukrainian civil legislation and foreign countries.She highlights the concept and the legal nature of the right to use the name of a famous person after her/his death.

A. Yanchuk

Regarding the question about influ­ence of the public control on the mod­ernization of the economy of Ukraine: constitutional legal aspect

P. 80-86

The article deals with the constitu­tional and legal basis of the control ac­tivity of the people and analyzes legal regulation and its defects, ties of the control activity of the people and the Ukrainian economy, the impact of con­trol activity of the people on the moder­nization of the economy of Ukraine.

Yu. Vashchenko

Right to access to energy services: issues of legal regulation


This article explores the issues of the legal regulation of the right to ac­cess to energy services. The author analyses international law sources, the legislation of Ukraine and other coun­tries, the opinions of the researchers and proposes her own vision concerning the reasonability and the level of the legal regulation of the right to access to energy services.

№ 4 (72), 2013
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