Download Journal №6, 2013

Y. Patsurkivsky

Legal mode of property : concept and content

P. 3–9

In the article the problems of decision of concept of the legal mode are investigated in the general theoretic and branch understanding. Certainly them general and excellent lines. Drawn conclusion that forming of the legal mode is the special methods of the legal adjusting. On the basis of undertaken a study the concept of the legal mode is set forth. The legal mode it follows to understand as the special order of the legal adjusting that is expressed in combination of legal facilities : permissions, prohibitions, positive binding overs, that creates the necessary social state and clearly certain degree of favourableness or not to friendliness to satisfaction of interests of legal subjects. The legal mode of property suggest to understand as combination of facilities and methods of the legal adjusting of relations, that is folded concerning possession, use and disposing of material welfares.

N. Myronenko, L. Rabotyagova

Architectural work as an object of contractual relations

P. 10–18

The authors explore such essential term of the contract related to the architectural work, as an object of the contract – a work of architecture. The authors concluded that not all project documentation can be considered as subject to copyright, but only that part which deals with architectural solutions.

O. Kashyntseva

Specific legal futures of the scientific work in the sphere of medicine: ethical and creative issues of nascency

P. 19–26

Most common in the legal literature is the definition of the object of copyright as a result of «spiritual creativity».Work is a result of the creative activity of the author , his creative thinking, the product of the human brain, these assets are intangible and must be objectified in the appropriate material carrier. We note that the doctrine of copyright soaked aspect of «spirituality», «the result of spiritual creativity», «spiritual good» and others. The author believes that the departure from the pragmatic and intellectual nature of the object of the concept of copyright in the side of his «spiritualization» gave him in the eyes of some researchers ephemerality, which led, on the one hand, to an erroneous preconceptions about the «inconvenience» and «inferiority» of the legal protection of scientific works in the copyright regime as compared to industrial property right , on the other – to ease the sense of impunity and violation. Ethical requirements put forward not only to the content of the product in the field of biomedicine , but also to a method of achieving the appropriate scientific result. Failure to comply with these standards may result in the impossibility of further commercialization of the subject of the contract , so the content and unethical way to achieve the appropriate scientific results exclude the latter from the field of official science .

O. Kharchenko

Industrial design as an object of intellectual property: questions of legal regulations

P. 27–31

Scientific paper is devoted to the study of issues related to industrial design as intellectual property. The concept of the design, the criteria for granting him legal protection. The analysis of the current legislation of Ukraine, which establishes the criteria for the suitability of the industrial design for the acquisition of intellectual property rights to it. Marked differences in the terminology used by the legislator. A comparative analysis of the laws of other countries, in particular Russia, the EU and Vietnam. Studied the scientific literature related to the corresponding relations. We consider criteria such industrial design as «new», «original», «industrial applicability». Identified gaps in the legal regulation of the corresponding relations, considered the bill, which proposes to amend the legislation on industrial design.

A. Yudina

Correlation between the concepts of «novelty» «individual character» and «originality» of industrial designs in European Union law and the draft Law of Ukraine.

P. 32–39

One of the most important conditions for Ukraine’s accession to the European Union is to improve the Ukrainian legislation , including intellectual property rights.

Given in this paper are the analysis and the comparison of the provisions pertaining the verification of the industrial design compliance with the legal protection conditions contained in the Directive 98/71/EC of the European Parliament and of the Council of 13 October 1998 on the legal protection of designs and in the draft law On Amendments to some Laws of Ukraine on the Intellectual Property, namely novelty and individual character/identity, and to identify correlations and differences in these positions.

The proposals as to improving the legislation of Ukraine on the legal protection of industrial designs are submitted in line with the comparative analysis results.

T. Kovalenko

Cybersquatting, a market of sale of domains

P. 40–45

The author explores cybersquatting as a kind of e-business, which rapidly came into our lives. It is analyzed its kinds and proposed solutions to prevent this illegal activity.

O. Taranenko

Geographical indication as an object of civil and legal relations in Ukraine

P. 46–50

The article studies features of the use of the geographical indication in Ukraine. Substantive provisions and maintenance of home legislation, touching adjusting of relations related to the use and defense of the geographical indication, are analyzed.

B. Paduchak, M. Talda

The problematic issues determining of the subject of franchise agreement

P. 51–57

The doctrinal approaches of determining the essential conditions of franchise agreement are investigated. The legal rules governing the subject of franchise agreement are analyzing. Different scientific views on the subject of this type of contract are considered. The Authors have defined the lists of mandatory elements that must be included in the bundle of rights that are the subject of franchise.

O. Kulbashna

Legal relationships in creation a service object of intellectual property rights

P. 57–61

The problems associated with the multiplicity of relations that mediate the establishment of service objects of intellectual property rights. The author examines the civil and labor relations associated with the creation of service object of intellectual property rights. In this case, the conclusions about the primacy of labor relations in the creation of the service object.

B. Lvov

Unfair competition as economic violation: theory and practice approaches

P. 62–68

The article analyses provisions of the effective Ukrainian and international legislation regulating applicability of the competition law in sphere of industrial property. Unfair competition is analyzed from the prospects of economic violation. The article provides review of business law and competition law theory as well as court practice related to qualification of unfair competition as economic violation. It also provides analysis of the separate parts of the competition violation. The author provides conclusions on improvement of practice of law applicability in terms of qualification unfair competition practices in the sphere of industrial property.

I. Benedisyuk

Participation of the customs authorities in providing preventive measures in the protection of intellectual property rights

P. 69–75

The article examines the involvement of customs authorities in providing preventive measures in the protection of intellectual property rights in Ukraine. Analyzed the provisions of the old and the new Customs Code of Ukraine regarding the application of preventive measures . We investigate the practice of considering economic disputes related to attracting customs authorities to ensure the security measures that are used to protect intellectual property rights. Considered that the involvement of international customs authorities to ensure intellectual property rights. Analyzes the provisions of the international instruments in this field , in particular the Agreement TRIPS. Conducted a comparative legal analysis allowed to make proposals for improvement of the current economic and procedural law of Ukraine.

O. Pokalchuk

Violation of transgender rights regarding on boundaries of medical intervention

P. 76–82

The article investigates the boundaries of medical intervention on the right of transgender people to reproduction, including sterilization and assisted reproductive technology

V. Ivaschenko

Legislative enforcement of copyright protection of Ukrainian lands in the late XIX – early XX centuries.

P. 83–87

The author makes a historical retrospective of the copyright in this period of time: what factors influenced its development and improvement.

V. Chornobuk

International experience on development of judicial systems and their financing

C. 88–94

In the article experience of development of the judicial systems is analyzed in the world. Different models and classifications of elements of the judicial systems are examined. Approaches of national legislation of Ukraine open up to forming of the judicial system of country. Principles of construction of the judicial system of the state are determined. The questions of constitutional control and administrative jurisdiction are analyzed. A separate place is taken to the questions of the financial providing. The ways of search of sources are analyzed financing in difficult crisis terms, there are presently the states in that. Foreign experience is used as soil for development of suggestions and recommendations in relation to the improvement of national legislation of Ukraine in part of the financial providing of functioning of system judicial.

K. Konyushko

Tax dispute as public law dispute: theory and practice.

P. 95–101

The paper explores the concept of tax disputes from the standpoint of the theory of administrative and financial law. Considered grounds for attributing tax disputes to public law disputes. We analyze the subject and of possible tax dispute. The subject of the tax dispute is viewed through the prism of public finances , given the characteristics of the objective structure of tax administration . We consider the direction of improvement of the regulatory bodies in the field of taxation. Proved feasibility of referring disputes relating to the violation of the rights of taxpayers, or violation of regulations of tax rules to disputes which are dealt with by administrative procedures.

S. Kurovskyi

Institutional peculiarities of legal protection of banking relations

P. 102–108

This article analyzes the banking relationships as part of financial relations and public finance activities. Reveals the institutional features of banking relationships associated with complex substantive regulation of the banking law. Banking relationships are seen as an object of legal protection. Analyzes international standards and national banking law. The influence of the economic situation in the banking system and banking relationships. Ways of improving enforcement in the field of banking. Including both in terms of improving national legislation and judicial authorities of Ukraine generalizations.

№ 6 (74), 2013
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