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D. Pshenychnyuk

Evolution of real and closest con­nection doctrine in English Private In­ternational Law

P. 3-13

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.

S. Pohribnyi

The analogy of the law and the analogy of the right as the regulation means of contractual civil relations

P. 14-21

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.

V. Nevidomyi

Regulative and self-organized as­pects of legal reality

P. 22-29

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.

O. Shtefan

Some civil law and civil procedural aspects of the doctrine of interest

P. 30-43

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”.

A. Amangeldy

Peculiarities of legal regulations of franchising

P. 44-65

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.

V. Drobyazko

Urgent problems of copyright and related rights in the digital environ­ment

P. 66-81

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.

L. Romanadze

Concept, functions and types of trademarks

P. 82-88

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.

V. Selivanenko

Forms of infringement of commer­cial names rights

P. 89-97

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.

O. Simson

Innovation legal relationship. Iden­tification and classification problem

P. 98-104

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.

N. Ryazanova

Legal guarantees of property rights of property rights to the official ob­jects of intellectual property

P. 105-112

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.

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№ 5 (55), 2010
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