Download Journal №6, 2012
O. Kashyntseva

Human Rights and Intellectual Property Rights From the Point of Modern Scientific Ethos

P. 3-8

The article concerns the legal as­pects of harmonization of Human Rights and Intellectual Property Rights in accordance with the demands of modern scientific ethos. For the decid­ing of such scientific tasks it was founded the Center for Harmonization of Human Rights and Intellectual Prop­erty Rights of Intellectual Property Re­search Institute of the National Acade­my of Law Sciences of Ukraine. The main goals of the scientific research of the Center, besides the others, are the following: legal methods of harmoniza­tion of Human Rights and Intellectual Property rights in the sphere of medi­cine and pharmacy; the technology transferring in medicine and pharmacy etc.

Yu. Osypova

A higher educational establishment of Ukraine as a holder of intellectual property rights (in terms of trade­marks, geographical indications, trade names and related rights)

P. 9-21

The article provides the analysis of the current legislation of Ukraine and its practical application in order to de­termine the possibility for a higher ed­ucational establishment to be a holder of trademarks, geographical indica­tions, trade names and related rights.

O. Shtefan

Counterfeit in the field of copyright and related rights

P. 22-28

The author makes a comparison of the legislative definition of «piracy» and «counterfeiting» and gives grounds to conclude that these offenses are not identical.

T. Kovalenko

Use of works that is in the public domain

P. 29-32

Based on an analysis of the legisla­tion the author explains exactly what works and under what circumstances can be considered in the public domain.

V. Selivanenko

Some features of copyright legal rela­tionship in the health protection sector

P. 33-38

The article deals with the features of copyright protection in the health sec­tor and identifies shortcomings of such system in Ukraine in the light of the implementation of human rights in the mentioned sector.

Ya. Iolkin

The issues regarding the substantial clauses of agreement on transferring of rights on trade mark

P. 39-43

In the article the author determines the legal nature of such substantial clauses of the agreement on transferring of the rights on trademarks as the sub­ject of the agreement, the sphere of the agreement, the territory of the agree­ment, quality of the goods, manufactur­ing under the agreement and the legal links between the validity of the trade­mark registration certificate and the term of the agreement.

E. Otsevich

Directions of development of legis­lation of Ukraine about the commer­cial names

P. 44-48

In the article research of national and foreign legislation is conducted about the legal safeguard of the com­mercial names. On results an analysis, taking into account nature of rela­tions in this sphere, expedience of further improvement and development of legislation is grounded about the commercial names within the frame­work of the Economic code of Ukraine.

G. Androschuk

Legal protection of trade secrets in the countries of the European Union

P. 49-58

We considered the general principles for the regulation of trade secrets in the EU: general provisions, the list of proprietary information, unfair com­petition, criminal and legal protection of know-how, the responsibility for dis­closure of confidential information, trade secrets as intellectual property, relations with employees, remedies, customs procedures, court proceedings.

V. Dmytryshyn

State registration of license agree­ments. Pro et Contra

P. 59-64

The author analyses national and foreign legislation, as well as interna­tional legal acts that concern disposal of intellectual property substantive rights. The article mainly focuses on a quite disputable question of license agreements state registration that is currently an optional procedure in Ukraine. Today scientists and practic­ing lawyers fail to reach the consensus about the said problem, though the de­fenders and opponents of the state reg­istration in Ukraine have been debating on the issue for several years already.

The article also examines the chal­lenges that foreign persons engaged in licensed activity are faced with.

H. Prokhorov-Lukin

On the topic of the doctrine of foreign equivalents in the cases of trademarks infringement

P. 65-74

The article describes the main points of the doctrine of foreign equivalents for trademarks, applied by the courts and patent offices of the United States and some other countries. It is conclud­ed that the necessary and sufficient for the application of this doctrine in judi­cial and expert practice legal basis ex­ists in Ukraine.

V. Drobyazko

Audiovisual works, computer pro­grams, phonograms as an object of piracy

P. 75-79

The article is analyzed the terms «counterfeiting» and «piracy», meth­ods of making pirated videos and soundtracks, the process of manufac­ture of pirated software, the reasons for taking action against piracy.

A. Shtefan

Preconditions of the right to sue for copyright protection

P. 80-85

The author makes an analysis of the conditions of the right to sue for copy­right protection.

K. Afanasyeva

The phenomenon of academic pla­giarism: origin and ways to fight

P. 86-92

Kinds of plagiarisms inherent acade­mic field are studied. The author also offers its own ways of dealing with this phenomenon.

N. Myronenko

The increasing of the role of con­tracts in the management of innova­tion

P. 93-99

The author analyzes the provisions of the law regarding the contractual re­lations. The conclusion is that the legis­lation does not adequately reflect the way the problem of target interaction of all participants in the innovation cycle should be solved. In this connec­tion the author makes suggestions how to improve the legislation.

J. Kudeneeva

The politics and law of internation­al cooperation in the sphere of fresh­water use

P. 100-111

The article deals with institutional and political aspects of international freshwater cooperation- scientific area that becomes more acute due to the growing global potable water crisis. The author describes reasons of forging a new discipline- political ecology, em­phasizing the role of energy and water resources. Also she analyzes political dimension of freshwater crisis nowa­days by giving statistical information and reflects on global character of the problem. Particular attention is given to the concept of integrated water re­sources management. Furthermore, the author singles out main elements and mechanisms of institutional structure of international water cooperation, de­scribes activity of several key interna­tional formats, like UN-Water, World Water Council, Global Water Partner­ship.

D. Chernicov

Financial control on financing pub­lic prosecutor’s office: concept, subject, object, purpose and types

P. 112-118

Taking into consideration the ap­proaches of scientists who studied the problems of organization and imple­mentation of financial controls, essence of financial controls on financing the public prosecutor’s office are revealed, its purpose, subject, object and types are determined in the article. The au­thor’s definition of «financial control over the funding of the prosecution» is formulated and suggestions for improv­ing the prosecution normative legal acts in this area are made.

L. Krupnova

On the principles of the rule of law

P. 119-125

This article analyzes the principles of understanding the source of law and its relationship with civil society. Iden­tify principles of law as a weekend, in­tegrative elements of the legal system. Considered signs of social and legal state. Features of features and princi­ples of law. The emphasis on protection of the rights and freedoms of man and citizen as the original principles of de­velopment of law.

S. Mostovenko

Particularly the tax on personal in­come in the taxation of securities transactions

P. 126-133

The article deals with problems that arise in the process of calculation, re­tention and transfer tax on personal in­come from securities transactions. Ana­lyzes the theory of finance and tax law and current tax legislation of Ukraine, in order to identify problems, identify conflicts and gaps in the legal provision of taxation of securities for individu­als.

B. Paduchak

Genesis of the concept of “technology”

P. 134-141

This Article deals with the history of the origin, formation and develop­ment of the concept of “technology” in science in general and law in particu­lar. The features of this concept in the context of civil legal relations arising in the field of technology transfer are identified.

№ 6 (68), 2012
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