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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.

K. Bas.

The legal sources of the civil capacity of the subjects of Intellectual Property law in the sphere of Health Care

Р. 11–15

This article reflects the comparative analysis of the civil legislation, intellectual property legislation and legislation in the sphere of health care. According to the norms of Ukrainian legislation, the author defines the features of the subject of intellectual property rights in the field of medicine and pharmacy. The author concludes that the subject of intellectual property rights to an object in the field of health care shall be free to exercise their personal (moral) rights and proprietary ownership of the intellectual property. At the same time, the property right to intellectual property use can be made only if the object is relevant to qualification and other requirements established by the legislation of Ukraine in the sphere of health care.

V. Drobyazko

Criminal liability for the violation of copyright and related rights in foreign countries

P. 16–24

The author considers the evidence of copyrights and related rights violations, ways of protection of copyrights and related rights under foreign legislation.

I. Yakubivskyi

About legal nature of contracts between organizations of collective management and subjects of copyright and related rights

P. 25–31

The paper studies the legal nature of the contract management of property of the author and (or) related rights on a collective basis. On the basis of the points of view written in literature and the provisions of the legislation of Ukraine on copyright and related rights it is concluded that the study contract is a kind of a contract of agency. The features of the property management contract of the author and (or) related rights on a collective basis as a kind of contract of agency are highlighted.

V. Trotska

Wanted unknown “parents” of orphan works

Р. 32–40

The Author contemplates the problematic issues in the development of digital libraries, analyzes the European legislation on the orphan works protection and proposes to consider appropriate changes in legislation of Ukraine in the field of copyright and related rights

L. Komziuk

Approximation of rights to «orphan works» protection in the EU as a factor of the media law development

Р. 41-49

The article discusses the content of the Directive 2012/28/EU of the European Parliament and of the Coucil of 25 October 2012 on certain permitted uses of orphan works, which entered into force on 28 October 2012, and the process of transposition in some EU Member States. The author substantiates the importance of the Directive for the approximation of the EU copyright and media law in the context of the information society formation.

G. Androshchuk

European strategy for the protection of industrial property

Р. 50–61

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 trade marks, 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.

E. Nedohibchenko.

Legal forms of the patent rights objects use in the activities of business entities.

Р. 62–67

The article explores the patent rights objects use in the activities of business entities, covers three main types of legal forms used by the Ukrainian legislation.

V. Selivanenko

Features of the means of individualization legal protection in the health protection sector

Р. 68–73

The article deals with the analysis of the means of individualization legal protection in the health protection sector in terms of examination of trade marks and geographical designation.

V. Nezhyborets

Venture financing in Ukraine: a state and prospects

P. 74–79

The author analyzes the today’s state of venture financing in Ukraine and the possibilities and ways of its development in future.

I. Shulpin

Damages in the sphere of intellectual property: category of law and economics

P. 80–85

Topic about damages in intellectual property at the present stage of develop-ment of the Ukrainian legislation theory and practice of determining the amount of damages in connection with legal expertise and expert research is very actual and important. Therefore the author, taking into account the importance of the subject and the legal and economic aspects in relation to losses, tries to bring the definition of «damages» in the sphere of intellectual property.

Y. Kirichenko

Constitutional practice of regulation of intellectual property rights in Ukraine and the European states

P. 86–92

The article considers the constitutional practice of regulation of intellectual property in Ukraine and countries of Continental Europe. It is analyzed of legal content intellectual property rights enshrined in parts 1, 2 article 54 of the Ukrainian Constitution and similar regulations constitutions of European countries. The necessity of presenting parts one and two of this article in the new edition is proved.

S. Kornovenko, I. Migus

Training of specialists in the field of intellectual property rights in Ukraine: on the question regarding its improvement

P. 93–95

The authors analyze the current system of training in the field of intellectual property, its shortcomings and gaps , and offer their own ways of improvement.

V. Ivaschenko , A. Morozov

National government in the field of industrial property protection during the Ukrainian Revolution (December 1917–1921)

P. 96–103

On the basis of the historical and legal method it is analyzed the actions of formation of protection of industrial property rights in a particular historical period and on the basis of the study two models of formation of the state system of intellectual property protection that existed at that period are identified.

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№ 5 (73), 2013
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