№ 5 (85), 2015
Myronenko N. Management in the field of intellectual property.
The author touches upon the problems of improving of state management in the field of intellectual property and its relationship with the management in scientific, technical activities, innovative development
Key-words: IP management, science, innovation, state management
Savych S. The system of law protection of geographical indications: the experience of Ukraine and approaches of the European Union.
A geographical indication relates to commercial signs that called to identify goods and services on the market. Unlike a trademark, it bears no information about the producer, but about the place where goods had been produced.
The main focus in the field of protection of geographical indications in EU is to create supernational regime, based on the relevant terms of the EC Treaty (particularly in terms of maintaining the common agricultural policy — Art. 37) and is developed in the provisions of the acts of secondary EU law. Thus, the Regulation № 510/2006 provides for supra-national level of protection of geographical indications of agricultural products and foodstuffs, Regulation № 479/2008 — Geographical indications of wines, Regulation № 1576/89 — geographical indications of spirits.
Existing national legal regime for the protection of geographical indications in Ukraine can not be considered effective. Today in Ukraine there is no a single indication that could be get protection in EU in future.
Analysis of national geographical indications protection regime in Ukraine shows the segment of public law dominance, which, in our opinion, is unjustified. Among the reasons for lack of effectiveness of the legal protection of geographical indications in Ukraine we can indicate lack of initiative on the part of producers, excessive dominance of public law segment in the protection of this type of commercial designations, lack of effective control over the using of geographical indications by producers.
We consider that the most optimal regime of protection of geographical indications at the national level in Ukraine can be the one which takes place in the Polish legislation. This will give a number of positive aspects in the protection of geographical indications in Ukraine since greatly simplify the procedure for obtaining legal protection of a geographical indication for producers who want to produce goods in the relevant territory and make effective control over the observance of special characteristics, qualities, reputation or other characteristics of products marked by geographical indication.
Keywords: EU law, geographical indications, geographical indications of agricultural products and foodstuffs, registration, control
Romashko A., Litvin A., Kravets V. The use of free database for self-searching trademarks.
The provided data is available on the website of State Department «Ukranian Institute of Intellectual Property» as follows: «Trademarks for goods and services that are registered in Ukraine»; «Data on well-known trademarks in Ukraine»; «The e-version of the accumulation of the Official Bulletin «Industrial Property»; «Applications for trademarks related to goods and services are accepted for consideration». «Appropriate self-research have been determined. This applies to both, pre-application and during the monitoring of the situation when a trademark has been registered already. The possibility of a rapid and quality research using all these databases has been proven. The practicability of using International Classification of the Figurative bits and pieces of Marks (Vienna Classification) during research. In the example provided, a decrease in processed volumes of information can be seen for use in the research of additional search fields (in particular the codes of the Vienna Classification). Proven that it is practical to use the data available on the website of the World Intellectual Property Organization, such as the «ROMARIN» and «Global Database of brands.» Recommendations are made for doing a proper trademark research upon registering a trademark in Ukraine or on an already registered trademark (to future monitoring) is as follows: define codes in the Nice Agreement Concerning the International Classification of Goods and Services for the Registration of Trademarks (Nice Classification); define codes of figurative elements of the trademark, which is searched under the International Classification of the Figurative Elements of Trademarks (Vienna classification); search the database on the website of the Ukrainian Institute of Industrial Property («E-version of accumulation of the Official Bulletin» Industrial Property» «About licensing of Ukraine on trademarks for goods and services» with the codes of the Vienna Classification, «The e-version of accumulation of the Official Bulletin «Industrial Property»; For detailed information on well-known trademarks in Ukraine on codes of the Nice and Vienna Classification «registered in Ukraine for goods and services» for individual ballots to the closure of a 10-year cycle on the codes of the Nice Classification, «Applications for trademarks for goods and services are accepted for consideration»); search the database located on the website of the World Intellectual Property Organization (database «ROMARIN» and in the «Global database of brands»; search the databases of patent offices of individual countries in which it is planned to register or have already registered a trademark.
Keywords: trademark, trademark for goods and services, research, similarly, identity
Ulitina O. Copyright on the photographic works in Ukraine.
This article analyzes the main accesses to the understanding of photographic work, identifies the main problems faced by the authors of the photos during the copyright protection of the photo. Special attention is given to such concept as a digital photo, and the problems of regulating matters related to it on normative level.
Key words: photography, copyright, digital photo
Kultenko O. To resolve the settlement issues of legal certainty Internet service providers.
This article discusses the problem of application of law in disputes about intellectual property infringement committed with the use of the Internet. The analyzed the decisions the courts France in cases considered copyright infringement against the company Google. The installed characteristic features of the interpretation of the law in these cases. Found the need for approval doctrine «directed activity» related to copyright the using Internet systems. It is proposed to resolve the conflict of law selecting the most closely associated rules to determine the consequences of copyright infringement and non-contractual obligations for the parties to the conflict.
Keywords: intellectual property, jurisdiction, conflict of laws, the claim, court, the system Internet, Google
Kachurovski v. Value of moral (non-property) rights of intellectual property.
The article defines the role of the moral rights of intellectual property in the creative activity of the author, and in the process of legal regulation of relations in the sphere of intellectual property. The evolution of views on the moral rights of intellectual property.The influence of the moral rights of intellectual property for the social and legal status of the author.
Keywords: moral rights, copyright, identity, security, communication with the product
Patsuriia N., Reznikova V. Insurance activity as economic and legal phenomenon
The article deals with the current issues of economic and legal phenomenon of insurance activity as an objective attribute of the market economy. The place and the types of insurance activity of the system of modern economic relations have been highlighted. The features and the legal basis for implementation of insurance activity have been researched.
Keywords: insurance, insurance activity, types of insurance, forms of implementation of insurance activity