№ 5 (97) 2017
The article concerns a new paradigm of such a phenomenon as bioterrorism in the conditions of a globalized world.
The starting point for the author is the events of September 11, 2001. The article analyzes the international legislation and legislation of the EU, allocates key legal mechanisms of regulation of biosafety in the world and the role of international organizations. The Green Paper of the EU and the national legislation of the EU countries, and, in particular Spain, are analyzed separately. The author shows the synergistic connection of bioterrorism in other areas of human life: from the production of biological weapons to art, also reveals the features of the criminal offenses in the field of biosafety.
Key words: bioterrorism, criminal law, crime, biological agents, human rights
The article is devoted to the comprehensive study of the formation of the World Copyright Convention, in particular the Recommendations of the Rome Conference (1928), the Paris Project (1936), the Montevideo Project (1937), the meeting of the Committee of Experts in Brussels (1938), the activities of UNESCO, The Geneva Diplomatic Conference (1952).
Key words: copyright, UNESCO, Geneva Diplomatic Conference
The article is based on the analysis of two court disputes between the same parties. The first lawsuit concerns the issue of the invalidation of the certificate of a sign for goods and services. The second trial was considered for recognition by the manufacturer of the right to use the designation. An entity that was the owner of the trademark on the certificate of a sign for goods and services, which was declared invalid by the court, proved its right to use the designation even when it was not already the owner of the indicated certificate.
Key words: trademark, certificate for a sign for goods and services, primary use, owner’s right to sign, succession, protection of the object of intellectual property
Zaykivskyi O., Onistrat O. Violations of intellectual property rights with military-technical cooperation.
Possible violations of intellectual property rights in the implementation of the international military-technical cooperation of Ukraine are considered, depending on the specifics of this activity. The legislation of Ukraine regulating activities related to the military-technical cooperation in relation to the provision of intellectual property protection is analyzed. The importance of intellectual property protection at all stages of the military-technical cooperation and the necessity of improvement of legislation on the regulation of intellectual property issues in the field of military-technical cooperation with foreign states, state control in this area, as well as the powers and responsibilities of the military-technical cooperation entities are noted.
Military-technical cooperation of Ukraine with foreign states is an integral part of not only the state foreign policy, but also domestic policy as it is considered as one of the main factors of scientific and technological development of the domestic defense industrial complex, a source of funds for the development of the latest technologies, the creation and procurement of weapons and military equipment for the needs of the Armed Forces of Ukraine, other military formations and law enforcement agencies of Ukraine.
Modern trends in the development of the international market of weapons and military equipment indicate a steady increase in the transfer of military technologies in the field of the military-technical cooperation.
The creation of the latest technology involves the use of the objects of intellectual property rights, which increases the role of legal protection of their use, especially in the military-technical cooperation.
Therefore, it is relevant to identify and analyze possible violations of intellectual property rights in the implementation of the international military-technical cooperation.
As military and dual-use goods are created on the basis of the objects of intellectual property rights, so the rights for these objects need adequate protection, which has its own peculiarities while the military-technical cooperation.
Ensuring the proper protection of intellectual property in the implementation of the military-technical cooperation is, first of all, in the timely detection and prevention of possible violations of intellectual property rights, defined by the legislation of Ukraine.
However, there is still no special law that would regulate all issues related to the implementation of the military-technical cooperation, including the providing protection of intellectual property protection.
The procedure for state control over the implementation of the military-technical cooperation is determined by the resolutions of the Cabinet of Ministers of Ukraine. All issues which are connected to the military-technical cooperation are described in these documents, except which authority specifically and in what way controls the protection of intellectual property.
This is not enough to resolve at least the main acute problems encountered in the commercialization of the objects of intellectual property rights, created for public funds, and moreover, belong to the sphere of national security and defense.
Legislation does not regulate the issue of preventing applications for inventions to foreign countries without prior filing of applications in Ukraine, which in particular leads to uncontrolled leakage of new technologies and their intellectual components abroad. The legislation does not define the responsibility for the actions.
The analysis of legislation allows us to conclude that the main causes of possible violations of intellectual property rights are laid down in the legislation, including in the implementation of the military-technical cooperation.
Protection of intellectual property in the implementation of the military-technical cooperation must be ensured, first of all, by bilateral agreements on this issue, agreements on the protection of secret information and the national legislation of the contracting parties. These agreements should define the basic principles for the execution of the contracts and be aimed at mutual protection of information, prevention of violation of rights to the results of intellectual activity while using during the military-technical cooperation.
The current state of intellectual property protection in the military-technical cooperation process shows the need to improve the regulation of issues of the formation and implementation of the state policy in the field of military-technical cooperation with foreign states, the principles of state control in this area, as well as the powers of the entities of the military-technical cooperation.
The imperfection of the legal framework gives the legal possibility of unauthorized use of the objects of intellectual property rights created during the execution of the state defense order, including (especially) the implementation of the military-technical cooperation.
Key words: military defense, intellectual property, violations
Nedohibchenko Ye. Role and importance of evidence in the process of administrative and legal protection of intellectual property rights.
The article examines the role and importance of evidence in the process of administrative and legal protection of intellectual property rights. Examples of court decisions on copyright infringement are given. Particular attention is paid to the admissibility of evidence when considering cases in court.
The author describes the reasons for the closure of cases, the dispatch of cases for the completion of documents.
The role and importance of expert conclusions in the consideration of administrative offenses on objects of intellectual property rights are described.
Key words: administrative responsibility, evidence, objects of intellectual property
Butnik-Siversky O. Features of the New Intellectual Economy: innovative technological restructuring, intensification and breakthroughs.
In the article the author researches problematic issues concerning the revision of the steady theoretical terms of the classical economy, which, being under the influence of transformational processes, can’t characterize the existing changes in the old sense and interpretation in the conditions of sequential progress to a new intellectual economy. It is noted that improvement of the technological structure of the economy is possible only with the intensive implementation of innovations, investments and capital investments for technical reequipment and modernization in the innovation-intellectual direction of development, which is a feature of «innovative technological restructuring». This construction is supplemented by the term of manufacturability as a reproduction of the methodical approach of entering into new intellectual economy. The use of the term «innovative intensification of economic development», in the construction of which the «innovation» was inserted, allowed to consider intensification as a qualitative feature of economic development in the conditions of transformation processes in the intellectual economy. On the way to a new intellectual economy the use of the feature «innovative intellectual breakthrough», the construction of which was inserted with «intelligence», enhances the effective participation of human capital in a breakthrough renovation of the technical and technological environment.
Key words: neo-economics, innovation, technological capacity, restructuring, intellectual breakthrough, new intellectual economy
Orlyuk. O. On the development of a policy on intellectual property in national universities and the role of profile departments of intellectual property.
This article discusses approaches directions of development of WIPO in support of policy development in the field of intellectual property in universities and research organizations. Based on the current legislation and the Model Provision, approaches that can be used by Ukrainian universities in the process of developing intellectual property policy are proposed in order to solve the challenges Ukraine faces in the process of joining the European Research Area. The experience of specialized departments on intellectual property in the development of university policies in this area is analyzed.
It is clear that a policy aimed at accessibility of information regarding scientific developments and educational materials, is at odds with the monopoly of intellectual property rights, if this issue to come to the understanding that has developed over many years by this time. However, the reality is that to be found a fair balance between the protection of results of intellectual, creative activities and accessibility of information, including educational and scientific nature. The solution of these issues should be reflected in the development by universities of sound and well-founded policy in the field of intellectual property. To determine how should be provided intellectual property rights to the academic materials and research how the University can dispose of them how can be ensured the rights of students and trainees (and quite often the list of these subjects is much wider) access to educational information. In addition, in the process of scientific development and teaching materials, there is often a situation where the interests of third parties are involved (for example, the materials used, the development or intellectual work of third parties or the right to educational literature arise in publishing houses, or the right to free access to scientific publications, placed in scientific metric editions, etc.). These issues should be the subject of a policy that should be worked out by universities in Ukraine in order to develop civilized standards, which we will respond to in trying to join regional or global research structures, associations, institutions, etc.
Keywords: WIPO, policy on intellectual property, University, research Institute, innovative structure