scholarly journals Сombating unfair registrations and using means of individualization in the conditions of digital transformation

Author(s):  
Hennadii Androshchuk

Key words: intellectual property, unfair competition, means of individualization, valuation,squatter, losses, digital transformation, artificial intelligence The article examines the economic, legal and institutional aspects of combating unfair registration and use ofmeans of individualization (trademarks, brand names, geographical indications, domainnames) in the context of digital transformation. The formation of theoretical and methodologicaland methodological foundations for the protection of the rights of their owners,improving the efficiency of experts of intellectual property agencies, law enforcementagencies, tools for digital search and use of artificial intelligence (AI) to ensure the effectivenessof the institution of individualization. The economic and legal aspects of foreign(in the jurisdictions of China, USA, EU) and domestic legislative and law enforcementpractices to combat the phenomenon of unfair registration and use of personalization,digital search tools and the use of AI are analyzed. It is shown that over the next fiveyears, 30 to 50% of product searches will be by voice rather than text, so the impact of AIon the way a product is purchased will have significant economic and legal implicationsfor individualization legislation. The means of counteracting unscrupulous applicants inthe USA have been studied. The U.S. Patent and Trademark Office (USPTO) has developedrules under which foreign applicants and trademark owners must be representedby a U.S. licensed attorney when filing trademark applications with the USPTO. Emphasisis placed on the introduction of legislative liability of e-commerce platforms forcounterfeit goods. The analysis of the last changes in the legislation of Ukraine on protectionof trade marks is carried out. It is shown that the new rules change the approachesto registration and protection of trademarks, create the possibility of their fair use.Digitalization, transition to e-document circulation in the Customs Register, improvementof the procedure for destruction of counterfeit goods are important anti-corruptionsteps in the activities of Ukrainian customs in the context of digital transformation of theeconomy.

Author(s):  
Hennadii Androshchuk

Key words: intellectual property, unfair competition, means of individualization, valuation,squatter, losses, digital transformation, artificial intelligence The article examines the economic, legal and institutional aspects of combating unfair registration and useof means of individualization (trademarks, brand names, geographical indications,domain names) in the context of digital transformation. The formation of theoreticaland methodological and methodological foundations for the protection of the rights oftheir owners, improving the efficiency of experts of intellectual property agencies, lawenforcement agencies, tools for digital search and use of artificial intelligence (AI) toensure the effectiveness of the institution of individualization. The economic and legalaspects of foreign (in the jurisdictions of China, USA, EU) and domestic legislativeand law enforcement practices to combat the phenomenon of unfair registration anduse of personalization, digital search tools and the use of AI are analyzed. It is shownthat over the next five years, 30 to 50% of product searches will be by voice ratherthan text, so the impact of AI on the way a product is purchased will have significanteconomic and legal implications for individualization legislation. The means of counteractingunscrupulous applicants in the USA have been studied. The U.S. Patentand Trademark Office (USPTO) has developed rules under which foreign applicantsand trademark owners must be represented by a U.S. licensed attorney when filingtrademark applications with the USPTO. Emphasis is placed on the introduction oflegislative liability of e-commerce platforms for counterfeit goods. The analysis of thelast changes in the legislation of Ukraine on protection of trade marks is carried out.It is shown that the new rules change the approaches to registration and protection oftrademarks, create the possibility of their fair use. Digitalization, transition to e-documentcirculation in the Customs Register, improvement of the procedure for destructionof counterfeit goods are important anti-corruption steps in the activities ofUkrainian customs in the context of digital transformation of the economy.


Author(s):  
Francesco Piccialli ◽  
Vincenzo Schiano di Cola ◽  
Fabio Giampaolo ◽  
Salvatore Cuomo

AbstractThe first few months of 2020 have profoundly changed the way we live our lives and carry out our daily activities. Although the widespread use of futuristic robotaxis and self-driving commercial vehicles has not yet become a reality, the COVID-19 pandemic has dramatically accelerated the adoption of Artificial Intelligence (AI) in different fields. We have witnessed the equivalent of two years of digital transformation compressed into just a few months. Whether it is in tracing epidemiological peaks or in transacting contactless payments, the impact of these developments has been almost immediate, and a window has opened up on what is to come. Here we analyze and discuss how AI can support us in facing the ongoing pandemic. Despite the numerous and undeniable contributions of AI, clinical trials and human skills are still required. Even if different strategies have been developed in different states worldwide, the fight against the pandemic seems to have found everywhere a valuable ally in AI, a global and open-source tool capable of providing assistance in this health emergency. A careful AI application would enable us to operate within this complex scenario involving healthcare, society and research.


E-Management ◽  
2021 ◽  
Vol 3 (4) ◽  
pp. 26-36
Author(s):  
A. A. Dashkov ◽  
Yu. O. Nesterova

The digital transformation of our world and the inevitable interaction between people, digital technologies and physical assets create a rapidly changing and complex environment that requires organizations to be more flexible, better fit and ready to accept new ways of working. Businesses are coming to realize the need for change to operate successfully in the digital age. In the period of global digitalization, information and communication technologies are one of the most important aspects of existence for a business, which makes it more efficient, efficient and allows you to respond quickly to a rapidly changing external environment, as well as customer needs. At the moment, there is a high interest in the possibilities of artificial intelligence for use in business tasks in the world, as there are already examples of successful implementation, when Artificial Intelligence and machine learning radically change the way they work and increase the profit of organizations in different countries.The purpose of this study is to consider how artificial intelligence affects the value proposition and how the elements of the business model change when using this technology. The paper gives the existing examples of the use of technology, the consequences of its application and the emerging prospects for the use of Artificial Intelligence as one of the advanced technologies of digital transformation.


Author(s):  
Belal Hafnawi

Digital transformation is the core value of the 4th industrial revolution or Industry 4.0. Although the efforts are focused on utilization and usage of technologies like artificial intelligence, internet of things, cloud computing, and many other technologies. We should focus in parallel on regulating the technologies to provide the proper road map and put the proper regulatory frameworks to remove uncertainties in development, investment, or implementation of technologies. Regulatory effectiveness is very important in saving time and rolling out technologies. In one initiative, regulatory technology (RegTech) will utilize the technology to enhance the regulatory process in financial sector; Regulation 4.0 is another; however, plenty of work is still ahead. Some regulators are keen to facilitate the emerging technologies and to see the consequences immediately, thus they use sandbox thinking in evaluating the impact at a small scale. In summary, this chapter will highlight the different practices and methodologies to regulate the digital transformation in the best way.


2020 ◽  
pp. 32-38
Author(s):  
I. V. Goman ◽  
I. N. Shakhtarina

The article is devoted to the study of the impact global digitalization on the economy. The analysis of the development of technologies, including digital ones, and their impact on the world economy was carried out. Historical works describing possible changes in the mechanism of benefits distribution were studied. The main concerns related to digitalization, creation of artificial intelligence and global robotization were considered. Assumptions regarding possible development of the economy were made.


2020 ◽  
Vol 5 (5) ◽  
pp. 165
Author(s):  
Ruslan Fyl ◽  
Galina Luk'yanova

The purpose of this article is to describe the content of the economic and legal bases of counteraction to the circulation of counterfeit goods. Using systemic and formal-logical methods, the amount of economic losses is outlined and the magnitudes of consequences arising from the circulation of counterfeit goods for the state, patent holders, consumers and manufacturers of counterfeits are outlined. It has been stated that drugs, toys, agrochemicals, and foodstuffs are the most counterfeit at the moment and are not only supported by crime as a crime in the field of intellectual property, but also endanger the lives and healths. Considering the market of counterfeit goods described its features, which are that the operation indicated the author but due to factors such as low solvency of the population in developing countries; the inability to sell counterfeit products separately from the original products, due to the fact that the original products are used for masking in the sale of counterfeiting; lack of specialized equipment for establishing counterfeit goods and knowledge of the original; scale and narrow specialization of counterfeit goods market participants; the transnational nature of this market; splicing organized crime with law enforcement agencies; high profitability of counterfeit market. The practical importance of the research is the documentary analysis examines the international legal aspects of counterfeiting of such goods and notes that the rules of the Agreement on Trade-Related Aspects of Intellectual Property Rights, TRIPS and the EU Customs Regulation on Intellectual Property Observance set out measures to combat trafficking in goods that infringes intellectual property rights. Consequently, successfully tackling counterfeit goods trafficking requires a constant search for innovative methods of struggle. An effective strategy for overcoming this phenomenon should combine the various measures of its counteraction, all of them should be used in a coordinated and systematic way, complementing each other. Therefore, both economic and political management methods must be taken into account to overcome the counterfeit. And only their optimal combination will have the greatest effect in the formation of concepts of counteraction to the circulation of counterfeit goods. And this is definitely worth the effort since the innovative and economic development of the state depends on solving the problem of creating an effective system of protection of intellectual property rights. Methodology. A methodological framework of the economic and legal bases of counteraction to the circulation of counterfeit goods is defined by the complex of scientific cognition methods that allow us to look at this problem as a multi-aspect, interdisciplinary phenomenon. On the basis of the system, structural, systemic-functional and other scientific approaches, the idea of counteraction to the circulation of counterfeit goods has formed a complex systemic category covering the theoretical and practical level of economic and legal activity.


wisdom ◽  
2021 ◽  
Vol 1 (1) ◽  
pp. 147-158
Author(s):  
Alexey MAMYCHEV ◽  
Elena KAZACHANSKAYA ◽  
Anna GARASHKO

This paper examines the value-normative transformation of the modern social system and analyzes the impact of digitalization processes on social relations and their development. The content of the article substantively analyzes the key areas of digitalization of social relations; the authors mark out in each of these areas positive and negative effects on the sustainable development of the socio-cultural integrity of society. The empirical material used in this work includes expert assessments and analytical materials related to the digital transformation of traditional religious systems and the value-normative foundations of society. The research perspectives presented in this paper evaluate and interpret all the events and processes under consideration from the conservative legal point of view, from the standpoint of the significance of the socio-cultural environment, sustainable traditional institutions and values for coding and predicting the digital transformation of society in the 21st century. In the conclusion of the study, the authors substantiate the adequacy of the doctrinal and legal model of society’s development called “digital etatism” from the perspective of ensuring stable socio-cultural development and the integrity of the social system.


2020 ◽  
Vol 15 (7) ◽  
pp. 76-90
Author(s):  
B. A. Shakhnazarov

The paper is devoted to the issues associated with the use of artificial intelligence (AI) technologies in intellectual property objects, in particular vaccines, in the context of fight against a pandemic. It is emphasized that AI technologies allow us to overcome similar problems at the national and international levels and to prevent their recurrence in the future. The author highlights that the most important requirements for observance of constitutional rights and freedoms of citizens consolidated in regulatory acts and impossibility of their restriction in AI technologies must be supplemented with clear rules regulating the legal framework of artificial intelligence, including intellectual activity, and responsibility of developers and AI users. At the same time, the AI legal personality also needs to be thoroughly elaborated with the focus on providing a reasonable balance of rights, responsibilities and eligibility among developers, AI users, and other addressees entering into legal relationships involving artificial intelligence. A key aspect in the context of the legal regulation of the results of intellectual activity created entirely or partially by artificial intelligence is represented by the balance between the interests of rights holders and the public interests. Possible restrictions of rights of copyright holders as established in international instruments (Para 31 of the 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights) should be accepted as a harmonizing basis and adopted in national legal systems. At the same time, rights holders must be provided with appropriate guarantees of respect for their rights (In particular, the non-exclusive nature of the use of intellectual rights in the context of such restrictions, payment of reasonable remuneration, etc.).


Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 56-60
Author(s):  
N.V. Tkacheva ◽  

People tend to think about the consequences of the widespread use of artificial intelligence. Criminology deals with the study of socio-legal aspects of human life, in particular crime, the identity of the criminal, the determinants of crime, ways and means of crime prevention, the question arises about the criminological risks of using artificial intelligence. The article examines the types of artificial intelligence, the ratio of moral characteristics of artificial intelligence and human. Issues related to the formation and development of the concept of artificial intelligence are considered, as well as possible criminological risks when using artificial intelligence in everyday life are analyzed. The article analyzes the concept and development of artificial intelligence, as well as the concept and components of criminological risks, the concept of the criminal’s personality as an object of criminology research, in order to draw conclusions about the impact of artificial intelligence on the criminal’s personality


Author(s):  
Hooi Kun Lee ◽  
Abdul Rafiez Abdul Raziff

The value of play has mainly stayed consistent throughout time. Playing is, without a doubt, one of the essential things we can do. Playing in addition to supporting motor, neurological, and social development improves adaptation by encouraging people to explore diverse perspectives on the world and assisting them in developing methods for dealing with problems in a safe setting. The way we play and what we play with have been heavily affected by the quickly evolving technology shaping our daily lives. Artificial intelligence (A.I.) is now found in many products, including vehicles, phones, and vacuum cleaners. This extends to children's items, with the creation of an "Internet of Toys." Many learning, remote control, and app-integrated toys include innovative playthings that employ speech recognition and machine learning to communicate with users. This study examines the impact of technology adoption on the success and failure of two toys industry – Hasbro, Inc and Toys R Us, Inc. The research methodology of this study is based on case studies where the comparison of the two industries was made from a few areas. The finding of the study determines that corporations that evolved consistently with the change of technology will continue to grow in the market. In contrast, the corporation that failed to adopt digital transformation will be a force out of the market.


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