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.
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.
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.
European strategy for the protection of industrial property
P.34-42
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.
Territorial scope of use of community trademarks
P.43-51
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.
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.
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.
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.
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.
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.
Right to access to energy services: issues of legal regulation
P.87-91
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.