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.
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.
The author makes a comparison of the legislative definition of «piracy» and «counterfeiting» and gives grounds to conclude that these offenses are not identical.
Based on an analysis of the legislation the author explains exactly what works and under what circumstances can be considered in the public domain.
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.
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.
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.
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.
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.
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.
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.
The author makes an analysis of the conditions of the right to sue for copyright protection.
Kinds of plagiarisms inherent academic field are studied. The author also offers its own ways of dealing with this phenomenon.
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.
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.
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.
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.
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.
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.