scholarly journals Innovation IT-Payment Technologies as a Know-how and an Object of Intellectual Property Rights

2020 ◽  
Vol 38 (Especial II) ◽  
pp. 518-535
Author(s):  
Ernest Gramatskyy ◽  
Inha Kryvosheyina ◽  
Volodymyr Makoda ◽  
Liydmyla Panova
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Information Technologies ◽  
Personal Data ◽  
Modern Society ◽  
Research Information ◽  
Know How ◽  
Legal Method ◽  
System Method

The modern society necessitates the introduction of new IT-solutions to meet its needs. With the spread of know-how, the need for its detailed analysis with the further determination of the direction of development. The purpose is to carry out an analysis of the introduction and functioning of know-how, as well as to determine the vectors of its use, taking into account the needs of participants in legal relations arising in this area. The subject of research – information technologies (know-how) as objects of intellectual property rights in their use. The methodological basis consists of the method of analysis, the method of synthesis, the dialectical method, the comparative-legal method, the system method, and the logical-legal method. The result of this work is to identify the importance of the information technologies in everyday life of modern society and the level of popularity of their use, outlining possible vectors of development in the economics in the direction of digitalization and justification of the need to improve the provisions of current legislation within the considered topic, expressing the idea of the direction of innovative information policy in the direction of active use of blockchain and maximum compliance with the protection of personal data of customers.

scholarly journals Intellectual property law in the field of sports: specifics of manifestations and features of legal regulation

2021 ◽  
Vol 39 (69) ◽  
pp. 530-546
Author(s):  
Evgen Kharytonov ◽  
Olena Kharytonova ◽  
Maxym Tkalych ◽  
Inna Bolokan ◽  
Hanna Samilo ◽  
...  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Public Relations ◽  
Intellectual Property Rights ◽  
Legal Regulation ◽  
Property Law ◽  
Sports Law ◽  
Intellectual Property Law ◽  
Legal Method ◽  
Wide Range

The article aims to explore the relationships that arise with respect to intellectual property rights in sports. The objectives of the article are to establish points of contact between intellectual property law and sports, as well as a detailed analysis of relevant public relations in terms of intellectual property law and sports law. To achieve the objectives of the article, the authors used a number of scientific methods, among which the main methods are analysis, synthesis and comparative-legal method. The authors of the study concluded that modern sport is developing in close intertwining with intellectual property rights, because only in this way can a sports spectacle be conveyed to a wide range of spectators and consumers in a broad sense. In addition, the range of points of contact between intellectual property and sports law is constantly growing and such can now be called not only patents and trademarks in sports, but also copyright, "image" rights, know-how in sports and the like.

Intellectual Property Rights and Country-of-Origins Labels in the Luxury Industry

2021 ◽  
Author(s):  
Véronique Pouillard
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Country Of Origin ◽  
Nation Branding ◽  
International Competition ◽  
Protective Mechanisms ◽  
Know How ◽  
Substitute Products ◽  
Luxury Industry

Intellectual property rights and country-of-origin labels are two different and often complementary mechanisms of protection. Entrepreneurs in the luxury business use them to inform the consumer and the custom authorities, to protect their innovations and know-how, and also to enhance the narratives of their brands. These protective mechanisms are historically contingent and subject to reinforcement or weakening due to the entrepreneurs’ lobbying, due to governmental protectionism, and more generally due to international competition. Intellectual property rights are not complete systems of protection and present numerous asymmetries between various countries and industries. This chapter also addresses both the effectiveness and the weaknesses of intellectual property rights and of nation branding in informing the consumer, and in deterring the production and purchase of substitute products.

Intellectual Property Rights Protection in Cyberspace

2020 ◽  
pp. 169-182
Author(s):  
Manjula Raghav ◽  
Nisha Dhanraj Dewani
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Information Technologies ◽  
Cyber Terrorism ◽  
Rights Protection ◽  
Intellectual Property Rights Protection ◽  
Global Commerce ◽  
Property Rights Protection ◽  
Information And Communication

Development and advancement in information technologies have paved the path for many challenges for the intellectual property rights holders. There are several forms of cybercrimes such as pornography, stalking, cyber fraud, cyber terrorism, etc., that are affecting people, hurdling e-commerce, challenging law, and disturbing the channel of information and communication. No doubt that cybercrimes are offences where the computer is the means of the commission of the offence as well as a target of the offence. Apparently, such offences are generated through electronic means where mens rea has no role to play. This unruly horse is creating several problems in the world of intellectual property, which has the capacity to affect global commerce. This chapter will focus on Indian case laws to showcase the interface between IPR and cyberspace. Also the dealing of issues like cybersqatting, cyberbullying, cyber theft will be discussed in order to check the competency of IPR.

scholarly journals MAIN PROBLEMS OF COMMERCIALIZATION OF INTELLECTUAL PROPERTY FACILITIES IN KAZAKHSTAN

2021 ◽  
Vol 9 (2) ◽  
pp. 11-15
Author(s):  
Anargul' Kulembaeva ◽  
Al'mira Ksembaeva ◽  
Rysty Sartova ◽  
Mayra Kushenova ◽  
Gul'mira Nurbaeva
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
High Efficiency ◽  
Developed Countries ◽  
Trade Secrets ◽  
Know How ◽  
Improve Efficiency ◽  
Property Data ◽  
Commercial Organization

Commercialization allows customers to have a wider range of products and allows companies to generate more revenue, improve efficiency, and reduce costs. In the article, the authors characterize the main problems of commercialization of intellectual property objects, as well as the conditions that ensure the effectiveness of this process. The rights to commercialize intellectual property objects come from a commercial organization, and the owner retains the rights throughout his life as a legal leverage over competitors. Intellectual property rights broadly include patents, trade secrets, know-how, property data, registered designs, copyrights and trademarks, among others. The study revealed the experience of developed countries, which showed the importance and high efficiency of the commercialization of intellectual property objects. The authors identified the main directions of improving the process of commercialization of intellectual property objects.

scholarly journals The researching of information inequality in the market of information services

2021 ◽  
Vol 1 (4(57)) ◽  
pp. 45-48
Author(s):  
Natalia Kondratenko
Keyword(s):  
Intellectual Property ◽  
Information Security ◽  
Property Rights ◽  
Transaction Costs ◽  
Intellectual Property Rights ◽  
Information Technologies ◽  
National Level ◽  
Economic Problem ◽  
Information Services ◽  
Information Inequality

The object of research is information inequality. Information inequality is seen as a socio-economic problem that can be solved with the help of confident actions of the state. Data analysis confirmed the problem of the «digital divide» at the global and regional levels. The transformation of the information services market depends on the quality of the Internet. The growing number of Internet users is a global tendency, but at the regional level it is possible to see clear differences, which creates problems for obtaining quality educational, financial and professional services. Both negative and positive consequences of information inequality are considered. Along with the growing importance of modern information technologies and services in society, inequality between certain segments of the population is growing. Some people for various reasons may have restrictions on access to information, knowledge, information services, new digital products and modern technologies, while others may not have similar restrictions on access to them. The study found that the market for information services is specific in terms of protection of intellectual property rights. Aspects that would contribute to strengthening the protection of intellectual property rights to information services and products, information security are provided. Negative transactional externalities occur in the market of information services precisely when there is a decrease in information security due to violation of intellectual property rights by one person in relation to another, causing the last damage. To reduce the burden of transaction costs on market participants in information services, the directions of reducing transaction costs at the national level are substantiated. In all countries of the world, the COVID-19 pandemic has exacerbated the issue of information inequality. The study presents the principles for overcoming digital inequality.

Civil legal method of protection of intellectual property rights

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Svitlychnyy Oleksandr ◽  
◽  
Korotun O.M. ◽  
Keyword(s):  
Intellectual Property ◽  
Civil Rights ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Civil Law ◽  
Legal Analysis ◽  
Procedural Law ◽  
Legal Method ◽  
Legal Literature ◽  
Subjective Rights

The article draws attention to the specifics of protection of intellectual property rights in Ukraine by civil and special legislation, the rules of which are designed to protect the subjective rights of right holders and other participants in legal relations in the field of intellectual property. Some aspects of the legal nature of jurisdictional remedies are studied. Attention is paid to the specifics of protection of intellectual property rights by civil law, which consists primarily in the methods of protection provided by procedural law. The legislation, the norms of which guarantee the protection of intellectual property and the ways of protection of civil rights are outlined. The existing in the legal literature different views on the classification of methods of protection of property rights are analyzed. The legal analysis of the application of the vindication claim as a means of protection of intellectual property rights is carried out and the author's proposals are formulated. Keywords: civil law, intellectual property, lawsuit, protection

AGREEMENTS ON THE DISPOSAL OF PROPERTY RIGHTS TO THE OBJECTS OF PATENT LAW AND «KNOW-HOW»: NEWS OF LEGISLATION

2018 ◽  
Author(s):  
Juliia Kanaryk ◽  
◽  
Vladyslav Nosinskyi ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Patent Protection ◽  
Patent Law ◽  
Compulsory Licensing ◽  
Real Cost ◽  
Know How ◽  
Cost Of Drugs ◽  
The Right

The article is devoted to the review of novelties of the legislation in the part of disposition of property rights to objects of patent law and know-how. Based on the analysis of the existing legislation, it is established that there is an exclusive list of the following agreements: license to use the object of intellectual property rights; license agreement; agreement on the creation by order and use of the object of intellectual property rights; agreement on the transfer of exclusive intellectual property rights; another agreement on the disposal of intellectual property rights. It is noted that the agreement on the transfer (use) of «know-how» differs from that for the patent. The basis for granting the right to use «know-how» is not an exclusive right, but a de facto monopoly on the object of the agreement. «Know-how» in contrast to the patented invention can not be used without receiving it from the owner. The consequence of this is the need not only to grant the right of use under the contract, but also the transfer of the «knowhow» in full. It is noted that the legislator has significantly simplified the contractual procedures for granting the right to dispose of property rights for pharmaceutical companies due to the need to combat the pandemic. Lists of substances and medical procedures, medical equipment that cannot be the subject of patent protection have been established. It is emphasized that the legislator does not take into account the current level of digitalization, where the right to own or use intellectual property is certified by numerous electronic methods. For example, by confirming electronic licenses, user terms, affiliate programs with a number of intermediaries. Accordingly, it is necessary to expand the list of possible reliable ways of certifying contracts, which could be considered written or be equated to such a way. The bill №5552, which proposes amendments to the law «On Copyright and Related Rights», in terms of combating «patent trolling» was analyzed. The authors of the bill propose a number of administrative procedures that will help to respond quickly to such unfair actions of competitors. At the same time, it is noted that with the expansion of the contractual procedure, some of these cases could be avoided. It is proposed, as part of the fight against the COVID-19 pandemic, to introduce compulsory licensing, in order to reduce the real cost of drugs against the virus, as well as the logistics of specialized hospitals.

scholarly journals The Franchise Agreement in International Trade: its Advantages and Disadvantages

2021 ◽  
Vol 39 (69) ◽  
pp. 296-316
Author(s):  
Mohammad Mehdipour ◽  
Parviz Bagheri
Keyword(s):  
International Trade ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Know How ◽  
Advantages And Disadvantages ◽  
Limited Duration

The aim of the article is to analyze the implications of the franchise agreement in international trade. One of the contracts that is usually registered after the appearance and registration of property rights, and especially after the development of trademark rights, is the franchise agreement. A franchise agreement is a contract entered into between the franchisor and the franchisee as the owner of the intellectual property rights. In other words, the franchisee often uses trademark rights and intellectual property rights owned by the franchisor, which have a limited duration. It is concluded that, in franchise agreement, there is a right to enforce the franchisor's business method, which is implemented within the network (this method includes the use of intellectual property rights and know-how). This contract has detailed terms and is closely related to intellectual property rights and competition rights. The franchise must be distinguished from the distribution contract, the concessionaire, and the license. Under this agreement, the franchisee enters the franchise network and agrees to use the franchisor's method of negotiation and pay royalty-free payments instead.

scholarly journals European Union view on Personal Data in Intellectual Property Rights

2021 ◽  
Vol 7 (1) ◽  
pp. 92-106
Author(s):  
Dorin Cimil ◽  
◽  
Olesea Plotnic ◽  
Keyword(s):  
Intellectual Property ◽  
Civil Rights ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Personal Information ◽  
Personal Data ◽  
Legal Framework ◽  
Point Of View ◽  
Data Market ◽  
The Republic

The issue under investigation concerns whether personal data or personal information from the point of view of intellectual property constitutes as such a commodity or economic potential, which may be subject to alienation and registration as an object protected by the intellectual property system or represent a non-commercial object, without circulation in civil relations, with a special legal regime, connected to the fundamental human rights and freedoms. Recognition of personal data and other categories of information, related to the person (geolocation data, user-generated content) in terms of intellectual property rights as objects of civil rights, would allow the development of the data market, necessary for the functioning of innovative technologies on big data, cognitive calculations, the Internet of goods, and bringing these technologies into a legal and civilized field. The objective of the article is to appreciate whether personal data is subject to any intellectual property rights by the assessment of EU jurisprudence in line with national legal framework of the Republic of Moldova.

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