Article
Инклюзивные правовые нормы в российском законодательстве об интеллектуальных правах
The article analyses reasons for decrease in effectiveness of prohibitive legal means for civil regulation of copyright relations. Researcher has substantiated those innovative approaches of using art works need to develop non-reprehensible legal means, methods and norms, which together constitute the inclusive mechanism for civil-law regulation of copyright relations. To build such a mechanism the system of additions and amendments to the Russian Civil Code is proposed.
The article analyzes the cost and value approaches to evaluation of rights for usage of intellectual property. The author suggests that the legislation on intellectual property should be updated by adding an inclusive legal method.
The monograph is devoted to new concept the inclusive author’s right. Empirical knowledge about discrepancy of copyright law with relations of modern informational society is supported by analysis of doctrinal issues of intellectual property. We justify that exclusive method have to be added by inclusive method in the author’s rights legislations. We provide new provisions of law as well as economic principles for the updated copyright system taking into account new interests and relations of authors and other market participants in the age of Internet.
The book is intended for specialists in the area of reforming the law on intellectual rights, graduate students and students of copyright.
This monograph is devoted to the description of the civil concept of the author's inclusive right. Inclusive right is guaranteed to the author or other rightholder through the construction and implementation of an inclusive mechanism of civil law regulation of copyright relations. The development of this concept is conditioned by the need to modernize the institution of copyright due to changes in the relationship to create and use works of science, literature and art in the information society. The problems of the current copyright system and the prerequisites for its modernization are investigated. Legislative initiatives aimed at forming a corpus of inclusive legal norms in the Civil Code of the Russian Federation and international copyright treaties have been formulated. A legal algorithm for constructing an inclusive mechanism for civil-law regulation of copyright relations in Russia and at the international level has been developed. The publication is intended for specialists in the management of intellectual rights and a wide range of readers.
This monograph is devoted to the description of the civil concept of the author's inclusive right. Inclusive right is guaranteed to the author or other rightholder through the construction and implementation of an inclusive mechanism of civil law regulation of copyright relations. The development of this concept is conditioned by the need to modernize the institution of copyright due to changes in the relationship to create and use works of science, literature and art in the information society. The problems of the current copyright system and the prerequisites for its modernization are investigated.
This paper is dedicated to the establishment of inclusive legal method in the system of intellectual property rights in terms of information economy.
The article analyzes the cost and value approaches to evaluation of rights for usage of intellectual property. The author suggests that the legislation on intellectual property should be updated by adding an inclusive legal method.
This paper examines how works mechanism of legal regulation. The author considers main aspects of this issue from the vantage point of different approaches to law. The author concludes that legal positivism provides the most adequate methods for studying and explaining legal regulation.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/