The concept of real losses as a component of the concept of losses in the sphere of intellectual property: category of law and economics

Keywords: real losses, intellectual property rights, object of intellectual propertyrights, subject of intellectual property rights, right to own, use and dispose of intellectualproperty rights, contractual obligations, non-contractual legal relations This article provides an analysis and formulation of the category of «real losses» in thefield of intellectual property. The categories of «real losses» in relation to the propertysphere and the sphere of intellectual property are analysed and justified.First, the author will consider the concept of «real losses» in the property sphere,which was previously studied by many well-known legal scholars and lawyers. Further,we are talking about the structure and Element-by-Element composition of reallosses. Then, the concept of incurred and future expenses is considered.The author notes that everything that concerns the property sphere will also applyto the sphere of intellectual property to a certain extent, but a significant differencewill be that real losses in these areas apply to different subjects, objects and rights. After that, the author will try to provide and analyse the definition of the concept of«real losses» for regarding the sphere of intellectual property.Further, the author focuses on the concept of intellectual property law, the subjectof intellectual property rights, intellectual property rights, objects of intellectualproperty rights under the Civil Code of Ukraine. Also, the article deals with such conceptsas the rights of the owner of rights: the right to own, the right to use and theright to dispose. Further, we are talking about real expenses in the field of intellectualproperty.Summing up the theoretical material presented above and taking into account thechanges of the author that he proposed, the definition of the concept of "real losses" inthe field of intellectual property is given.According to the author, such a legal norm could be included in the fourth book«Intellectual Property Law», Chapter 35 «general provisions on intellectual propertylaw» of the Civil Code of Ukraine, in the article on losses.

Does International Law Need a Conscience? Evaluating the India–South Africa Proposal to Suspend TRIPS Obligations and the COVID-19 Vaccines

There is undoubtedly a consensus within the international community that ‘vaccine nationalism’ is an undesirable state of affairs. However, states are self-interested actors and in the absence of constraints imposed by international economic law this pursuit of rational self-interest is likely to result in an outcome that is unjust on a global scale. The recent proposal by India and South Africa to suspend TRIPS obligations for the duration of the COVID-19 pandemic has been rejected within the WTO. This proposal constitutes a recognition of the inadequacies surrounding the TRIPS compulsory licensing scheme. Yet, the immersion of intellectual property law within international investment law together with the proliferation of free trade agreements containing TRIPS-plus obligations would likely have made such a proposal unworkable. We argue that the fundamental problem is that the TRIPS Agreement lacks a defined concept of conscience that governs both its operation and interpretation. Such a principle exists in the common law within the field of private law. The principle, in its various doctrinal iterations, navigates the tensions between different parties while serving an underlying purpose of justice within the common law. It has much to offer international intellectual property law.

The Adoption of International Arbitration as the Preferred ADR Process in the Resolution of International Intellectual Property Disputes

This article, which is intended for arbitration practitioners, demonstrates that international arbitration as a subset of the field of alternative dispute resolution (ADR) offers a useful toolkit for the expeditious resolution of international intellectual property law disputes. The article demonstrates how the theory and practice of international arbitration is particularly well poised to address some of the specific considerations and requirements of paramount concern to the international intellectual property lawyers and their clients. The article will explain how the inherent features of the international arbitration legal landscape combine to indicate that it should be considered as the preferred method of ADR and explain how each of these features can provide both time and cost efficiencies. The article will identify the legal reasoning behind the benefits inherent to choosing international arbitration and will also address those circumstances when international arbitration may be precluded or otherwise considered unsuitable for intellectual property matters. The article examines several distinct benefits that international arbitration uniquely offers to international intellectual property law users and highlights some areas of the field that require additional caution.

Global Intellectual Property Protection and New Constitutionalism

The constitutionalisation of intellectual property law is often framed as a benign and progressive integration of intellectual property with fundamental rights. Yet this is not a full or even an adequate picture of the ongoing constitutionalisation processes affecting IP. This collection of essays, written by international experts and covering a range of different areas of intellectual property law, takes a broader approach to the process. Drawing on constitutional theory, and particularly on ideas of ‘new constitutionalism’, the chapters engage with the complex array of contemporary legal constraints on intellectual property law-making. Such constraints arising in international intellectual property law, human rights law (including human rights protection for right-holders), investment treaties, and forms of private ordering.

Certain aspects of possible codification of legislation of intellectual property law

Keywords: recodification of the Civil Code of Ukraine, codification of legislation onintellectual property law, subject and method of intellectual property law The article examines the issues related to the possibility ofcodification of legislation in the field of intellectual property rights. Currently, inUkraine there is a three-tier regulation of public relations in the field of intellectualproperty law. On the one hand, the Civil Code of Ukraine, the rules of which are characterizedby a corresponding nature, terminological inconsistency with special legislation;special legislation regulating legal relations arising from the creation and use ofcertain objects of intellectual property rights; as well as the provisions of ratified internationallegal acts in this area. Such legislation does not contribute to effectiveprotection or effective protection of intellectual property rights.The updating of the Civil Code of Ukraine will not improve the situation regardingproper legislative support in this area, and may lead to new conflicts. Based on the analysis of existing approaches in legal doctrine on the possible codificationof legislation in the field of intellectual property law, it is concluded that it ispossible if the latter is separated into an independent branch of law, characterized bythe subject and method of legal regulation. The existing approach to the definition ofthe subject of regulation in the doctrine of intellectual property law coincides with thecivilized approaches and does not reflect the specifics of legal relations that characterizethe field of intellectual property. The subject of intellectual property law is notlimited to private law relations, public law is also quite common. In this regard, it isproposed to understand the subject as a legal relationship arising in connection withthe creation, use and protection of intellectual property rights. It is proved that theright of intellectual property can be separated into an independent branch of law andto codify its legislation. This will be facilitated by the interest of the state and the correspondingpolitical will to do so.

Legal education on intellectual property

Keywords: legal education, legal values, intellectual property law, invention The article focuseson a comprehensive study of the concept and importance of legal education on intellectualproperty. Particular attention is paid to the social importance and significanceof the entire sphere of intellectual property and is considered as a legal value. Theauthor attempts to determine the relationship between the level and popularity of inventionand general culture in the field of intellectual property. The stages and methodsof obtaining knowledge on the basics of the intellectual property are considered.The problematic issues concerning the necessary measures in the field of educationon intellectual property issues are analysed. The concept of educational measuresis described in detail, which is aimed at intensifying the understanding of Ukrainiansociety of the need for legal application of intellectual property rights. Proposals weremade to increase educational activities on intellectual property issues and awarenessof their value to society. The purpose of the article is to study the general structure of legal education and tooutline the place of intellectual property law in the general system of legal education.Find out the essence and importance of legal education on intellectual property issues.In order to achieve the goal, we formulate the task: to consider the structure of legaleducation; formulate arguments in favour of studying the field of intellectual propertyand propose measures to promote intellectual property and inventive activity.The article is devoted to the study of education in the field of intellectual propertylaw, the essence of which is personal non-property rights of intellectual property andproperty rights of intellectual property.The basis for innovative economic development is the widespread introduction ofintellectual property. For this, highly qualified specialists are needed. The importanceof constant training of specialists in the field of intellectual property and supportof invention is substantiated.A new concept of training specialists in intellectual property is considered, accordingto which the master's program in the complex covers three areas: technical expertise ofintellectual property, the economy of intellectual property and the law of intellectualproperty. This activity is focused on the formation of the necessary level of knowledgeand education of respect for intellectual work and its results, which are embodied in intellectualproperty, as well as informing the public about possible losses and existingthreats to the well-being and health of people that contain counterfeit and pirated goods.The place of education on intellectual property in the system of general and highereducation has been determined. The general characteristics of educational levels inthe field of intellectual property is outlined.