scholarly journals STATE INTELLECTUAL PROPERTY MANAGEMENT IN THE SPHERE OF NATIONAL SECURITY AND DEFENCE

2020 ◽  
Author(s):  
Олександр Зайківський ◽  
Олександр Оністрат
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
National Security ◽  
Intellectual Property Rights ◽  
State Policy ◽  
The State ◽  
Intellectual Property Right ◽  
Property Management ◽  
Intellectual Property Management ◽  
Intellectual Potential

The state policy on the management of objects of intellectual property right in the sphere of national security and defense is considered.Under the current conditions, national security is unconceivable without solving the problematic issues of intellectual property management and creating the necessary preconditions for the development of intellectual potential and its use for national security.At present, the concept of national security is being expanded to include more and more spheres of public life. New security settings related to the scientific and technological revolution have started to play an important role.Nowadays, issues of the formation of an effective state policy for ensuring national security in all its spheres and manifestations are of great importance. An important component of the mechanism for the formation and implementation of state policy in the field of national security should be the provision of intellectual property management.However, national security legislation does not provide for the development of a strategy or other programmatic document on scientific and technical security, which would envisage measures to ensure the protection of the scientific and intellectual potential of the state, competitive technologies available in the country.The question at issue is the fact that the state has not yet developed a national strategy for the protection of intellectual property, which would provide the protection of interests and rights of all subjects of intellectual property rights, and especially the state. Although the attempts to develop such a strategy were carried out repeatedly. The state system of intellectual property protection and the effectiveness of providingnational interests with its structural elements, in particular in the field of national security and defense, are investigated. Current problems in this area are explored and suggestions are made to resolve them.There exists a necessity for creation of the central executive authority, the main task of which should be the formation and implementation of the state policy on the protection and management of intellectual property, as well as the state body, which, on behalf of the state and in its interests, will execute the ownership rights of the objects of intellectual property rights that are in state property.

scholarly journals THE MODERN VISION OF THE SYSTEM OF INTELLECTUAL PROPERTY RIGHTS IN UKRAINE

2021 ◽  
Vol 75 (2) ◽  
pp. 52-59
Author(s):  
Victoria Shekhovtsova ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
The State ◽  
Point Of View ◽  
Property Right ◽  
Intellectual Property Right ◽  
Creative Activity ◽  
The Right ◽  
Intellectual Potential

The article is devoted to the research of the intellectual property rights system in Ukraine. Intellectual property is the result of the creative activity of any person or group of people. The author studied the categories «intellectual property» and «intellectual property right», investigated the principles of intellectual property and the system of intellectual property rights of Ukraine. In Roman law, there was the term «property», because the «property right» in its classical meaning was formed in Rome, and related to private relationships. Intellectual property is the property of a person that arose as a result of her creativity. However, for our Ukrainian legislation, the expression «intellectual property» is «terra incognita». Yes, intellectual property is studied by such branch legal sciences as: civil law, administrative law, international law, and others. Formed the State Service of Intellectual Property, but the organization of the state system of legal protection of intellectual property, in our difficult times, wants a better one. In the legal literature on intellectual property issues various definitions of «intellectual property right» are given. From a subjective point of view – this is a subjective right, and from an objective point of view – a civil law institute, a set of legal norms that regulate relations in the system of creation and protection of intellectual property. Man, his freedom and rights are the most important value of evolutionary development of society, which manifests itself in the growth of the intellectual potential of the population of each country. Only man possesses intelligence, creative potential and creative abilities. In addition to it, on earth, no living creature can create. Creative activity is the most important aspect of human life, which allows you to convey your talent to society. The consequence of this activity is something new, unique, unique and original. The accumulated products of the human mind are the heritage of the nation, which determine its further development.The Constitution of Ukraine guarantees to the citizens of the state freedom of scientific, artistic, literary and technical creativity, protection of intellectual property rights, moral and material interests arising in connection with various types of intellectual activity. Every citizen has the right to the results of his intellectual, creative activity; no one can use or distribute them without his consent, with the exception of the statutory provisions. The intellectual potential of the nation, in the form of improving education, production, culture, science and technology, needs constant support from our state. The Civil Code of Ukraine for the first time in our national legislation was given a formal definition of the right of intellectual property, as the rights of the individual to the result of intellectual, creative activity or other object of intellectual property rights.

scholarly journals Cultivating Intellectual Property Rights Competence in Teachers in Ukraine: Attitude, Challenges, Solutions

2021 ◽  
Vol 13 (4) ◽  
pp. 483-508
Author(s):  
Vadym Luniachek ◽  
Nataliia Ruban ◽  
Ludmila Zelenska ◽  
Tetyana Varenko
Keyword(s):  
Secondary Education ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
State Policy ◽  
Legal Framework ◽  
The State ◽  
Knowledge And Skills ◽  
Teachers Training ◽  
Ipr Protection

The research aims to substantiate the need to cultivate the IPR competence in secondary education teachers. Its relevance lies in the fact that the relevant knowledge and skills help promote respect for others’ intellectual works and prevent IPR infringements. The findings reveal, inter alia, lack of understanding of the need to observe the IPR-related legal framework; teachers’ insufficient IPR competence and understanding; the need to review the state policy on education regarding IPR protection; teachers’ willingness to protect their copyright; the need for a relevant IPR competence cultivation within teachers’ training and qualification enhancement, etc.

scholarly journals Regulatory and legal support of intellectual property protection in the defense sphere (in the development of armaments and military equipment; in the implementation of international military- technical cooperation)

2021 ◽  
pp. 49-67
Author(s):  
Oleksandr Zaikivskyi ◽  
Oleksandr Onistrat
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
National Security ◽  
Intellectual Property Rights ◽  
New Technologies ◽  
The State ◽  
Technical Cooperation ◽  
National Interests ◽  
Military Equipment ◽  
The Military

Keywords: defence capability, intellectual property, regulatory and legal support,armament and military equipment, military-technical cooperation The condition of regulatory and legal support of defencecapability of Ukraine and problems concerning protection of intellectual propertyand protection of state interests in this sphere are investigated. The importance ofprotection of intellectual property rights to ensure the enhancement of the state's defencecapabilities is noted.Ensuring Ukraine’s defence capability largely depends on equipping the ArmedForces of Ukraine with modern types and models of armaments and military equipmentdeveloped on the basis of the intellectual property rights.It is the military-technical sphere where the objects of intellectual property rightsbelonging to the sphere of national security and defence are created, and the state isobliged to ensure their protection. This will increase the competitiveness of the domesticdefence industry and make it impossible for anyone in the mass production ofarmaments and military equipment for their own needs and for exports, that directlyaffects defence capabilities.This requires proper protection of intellectual property rights both in the processof own production of weapons and military equipment, and in military-technical cooperation.The legislation of Ukraine on national security and defence determines the need touse scientific and technical achievements and the introduction of new technologies toincrease the state's defence capabilities. However, the issue of intellectual property,which is the basis of these achievements and technologies, is not raised. It is notedonly that the acquisition, security, protection of intellectual property rights to scientificand technical (applied) results are carried out in accordance with the law, and incase of infringement of intellectual property rights is protected in the manner prescribedby administrative, civil and criminal law.Thus, all issues related to the defence and protection of intellectual property rightsmust be resolved within the framework of special legislation on intellectual property.Recommendations for improving the regulatory and legal support of Ukraine's defencecapabilities with a purpose of solution of intellectual property issues in this areaand compliance with national interests and security of the state on intellectual propertyrights in the development of armaments and military equipment, as well as internationalmilitary-technical cooperation were submitted.

scholarly journals Analysis on Intellectual Property Management of Construction Enterprises

2021 ◽  
Vol 5 (5) ◽  
pp. 22-27
Author(s):  
Yuanxiang Jian
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Current Situation ◽  
Important Task ◽  
Property Management ◽  
Construction Enterprises ◽  
Intellectual Property Management ◽  
Innovation Ability ◽  
Technological Level

As the main force of construction enterprises, construction enterprises shoulder the important task of national pillar industries. However, at present, construction enterprises are still labor-intensive enterprises, with low profitability, low overall scientific and technological level, insufficient innovation ability and weak application and protection of intellectual property rights. Based on the current situation of construction enterprises, combined with the author’s enterprise, this paper considers the problems existing in the intellectual property management of construction enterprises, and puts forward some countermeasures for the intellectual property management.

Foreign Direct Investment and Trade Related Intellectual Property Rights (TRIPS): The Case of Latin American & Caribbean Developing Economies

2018 ◽  
pp. 1-17
Author(s):  
Mumtaz Hussain Shah
Keyword(s):  
Economic Development ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Latin American ◽  
Developing Economies ◽  
Intellectual Property Right ◽  
Market Size ◽  
Annual Data ◽  
Macroeconomic Stability

The growing share of knowledge-intensive products in international trade and the increasing sensitivity of multinational firms to intellectual property theft make it imperative to analyse the effect of IPR promulgation on their FDI decision. In this perspective the current article gauge the importance of Trade Related Intellectual Property Rights (TRIPS) agreement under World Trade Organisation (WTO) in increasing a Latin American & Caribbean (LAC) developing economy’s appeal for investors from abroad. Infrastructure and skilled labour availability, market size, macroeconomic stability, economic development, and trade liberalization are also considered. Time-invariant phenomena such as access to the sea, regional affiliations/proximities, income groupings and ability to speak one of the international languages, though desirable were not done because fixed effect panel estimation technique does not permit the use of dummy variables. Due to the 2008-2009 recession in the developed economies, the available investment funds withered, making the investors’ sceptic apropos the safety of their tangible and intangible property, especially in the developing world, causing a decrease in FDI to these nations in general. However, LAC countries were somewhat resilient and received a steadily increasing flow of foreign investment. Thus, it demands to analyse the factors that overcame the overseas investors’ scepticism and prompted them to invest in the LAC region. By utilizing annual data for 28 years that is 1989-2016 from 24 LAC developing nations it is found that infrastructure and human capital availability, macroeconomic stability, economic development, strengthening and worldwide harmonization of intellectual property right standards through TRIPS positively effects the overseas investor's investment decision. The host population used to measure market size is found to be insignificant when tested with other conventional FDI location pull factors. Similarly, liberalization, consistent with horizontal FDI theory, exerts a significant negative effect on inward FDI.

Significant choice-of-law interests and its impact on the formation of choice-of-law regulation in the field of intellectual property

2021 ◽  
pp. 186
Author(s):  
Svetlana I. Krupko
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
The State ◽  
Close Connection ◽  
Choice Of Law ◽  
Applicable Law ◽  
Advantages And Disadvantages ◽  
Special Rules

This article analyzes the choice-of-law interests of specific and potential participants in the relations of intellectual property rights and the state in order to establish the closest connection of the above type of relation with the state, whose law should be applied. Taking into account the directionality of significant choice-of-law interests, advantages and disadvantages of territorial and universal approaches, a theoretically based solution is proposed for the formation of a general choice-of-law rule on the law to be applied to the relation of intellectual property rights. It was revealed in the study that the diversity of the relations of intellectual property rights (their obligatory and non-obligatory, property and personal non-property nature, other differences in legal features) does not automatically generate a multidirectionality of significant choice-of-law interests that should be taken into account when establishing a close connection of the above type of the relation with the state for determination of applicable law, does not prevent the formation of a general choice-of-law rule for the relations of intellectual property rights in general and does not unequivocally testify in favor of the specialization of its binding. However, the diversity of the relations of intellectual property rights should be examined and evaluated for the feasibility and limits of exceptions from the general choice-of-law rule and the development of special rules for resolving certain private of the relations of intellectual property rights.

scholarly journals Development of scientific and methodological approach to quantitative and qualitative assessment of intellectual property management in industrial enterprises

2021 ◽  
Vol 2 (13 (110)) ◽  
pp. 28-41
Author(s):  
Diana Raiko ◽  
Viktoriia Cherepanova ◽  
Ihor Sylka ◽  
Olha Podrez ◽  
Irina Fedorenko
Keyword(s):  
Intellectual Property ◽  
Quantitative Assessment ◽  
Methodological Approach ◽  
Market Value ◽  
Qualitative Assessment ◽  
Property Management ◽  
Industrial Enterprises ◽  
Intellectual Property Management ◽  
Intellectual Potential ◽  
The Impact

The competitiveness, market value and income of an enterprise depend on the level of intellectual property management. Therefore, the aim of research is to develop, substantiate and test a scientific and methodological approach to a quantitative and qualitative assessment of the management of intellectual property of industrial enterprises.  The originality of the proposed approach is that on the basis of the concept of "management of intellectual property" a procedure for current management has been developed, the main stage of which is a quantitative and qualitative assessment. The assessment is based on the structural and logical model, which is built according to two criteria. The criteria make it possible to determine the current state of the use of intellectual property (intangible assets) – a quantitative assessment, and the prospect of further use (intellectual potential) – a qualitative assessment. A quantitative assessment involves the calculation of indicators characterizing the state of assets, the dynamics of the impact on the market value of the enterprise, the profitability of production, which is proposed to be determined through the net cash flow from operating activities. A qualitative assessment is carried out in terms of components (information and investment, organizational and legal, economic, personnel and motivation), tools and relative indicators that characterize the intellectual potential of an industrial enterprise. The assessment is carried out using a general integral indicator, which is of practical importance, since it shows the existing level of intellectual property management and directions for improvement in the future. The approbation of the scientific and methodological approach was carried out on the example of three Ukrainian coke-chemical enterprises (CJSC Avdeevka Coke Plant, CJSC Zaporozhkoks, CJSC Yuzhkoks) of the American association SUNCOKE ENERGY, INC and the Polish association J.S.W. S.A. Group. Empirical studies for the period from 2015 to 2019 made it possible to build a scale for assessing the level of intellectual property management according to the Harrington function

Ethics and Social Issues Related to Information Communication Technology (ICT)

2013 ◽  
pp. 1321-1333
Author(s):  
Nelson Edewor
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Communication Technology ◽  
Ethical Issues ◽  
Social Issues ◽  
Information Communication Technology ◽  
Intellectual Property Right ◽  
Information Communication ◽  
Personal Privacy

Information Communication Technology (ICT) has raised new ethical concerns about the protection of personal privacy, protection of intellectual property, user responsibility, acceptable access and use of information, software licenses and piracy. A good ICT policy must be able to adequately consider these, and many other associated issues. This chapter therefore describes these ethical issues and how to deal with them as an individual or an organization. It provides information on the concept of ethics and the technological advancements responsible for the ethical concern. It discusses privacy, information rights, and intellectual property rights and ethics policy. The Nigerian national intellectual property right laws were examined in line with World Trade Organization/Trade Related Aspects of Intellectual Property Rights (WTO/TRIP) compliance.

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