This article is devoted to the elaboration of idea of real and closest connection in English conflict of laws. This article provides an analysis of the choice-of-law doctrine of presumed intent, demonstrates main defects of this doctrine and its evolution in principle of real and closest connection. In addition, this article contains the description of the basic precedents and approaches to application of the mentioned principle in English law.
The article examines the general theoretical and civil legal dimension of use of such legal techniques, as the analogy of the law and the analogy of the right.
Legal reality should be regarded as a unity of the two mentioned aspects: juridical norms don’t have a direct regulative influence on the social relations; they give just some models of due behavior, legitimacy of which essentially depends on their relevancy to the vectors of the legal self-organization of society.
In the article the author made a thorough analysis of legal and literary sources relating to the theme “Interest”. On the base of the analysis the author highlights basic distinctive features of the concept, its similarities and differences from such categories as “right”, “freedom”.
The article is analyzed the conditions of franchising appearance and development as one of effective business practices. With consideration of the economic and legal specifics the franchising classifications are reviewed, and also is given the notion of a franchising agreement. Franchising laws in the U.S.A., Western Europe, Russia, Ukraine, Moldova and Kazakhstan are analyzed. In accordance with the foregoing the author of the article offers to improve a part of rules governing franchise relations in Kazakhstan.
The author explores the extent of protection of copyright in the digital environment, the responsibility of Internet service providers, the rights of artists and organizations for digital broadcasting, database protection, and the activities of file-sharing systems.
The article reveals the concept of trademarks. The main functions of the trademark as a distinctive, informative, security, etc are analyzed. Determine the range of signs that can be registered as trademarks. Described species designations and classification of trademarks. The following international multilateral agreements on trademarks.
The article is devoted to the analyzing the ways of using of trade names in Ukraine and the most common forms of infringing rights to such names.
The author analyzes the relationships arise between the subjects of innovation. The researcher offers several legal relations classifications of her own in the sphere of innovation which are based on the different criteria.
The actual aspects of the legal regulation of property rights to the official objects of intellectual property are investigated. Legal blanks in regulation of subjective property rights on the separate official objects of intellectual property are certained. There are determined concrete suggestions concerning the defense of property rights as an employer so author of official work.