Правовое регулирование интеллектуальной собственности в Китае
A comprehensive analysis of legal regulation of intellectual property in China in the context of its accession to the World Intellectual Property Organization and the World Trade Organization is given. The authors examine international agreements in the field of intellectual property, to which China joined, as well as its national legislation. It is established that in China the recognition of the right to intellectual property objects at the legislative level began from the moment of its accession to a number of international conventions and agreements in this field. National legislation on intellectual property in China is represented by three blocks: copyright laws, regulations governing the use and protection of trademarks, patent laws. Resolution of issues arising in the field of regulation and protection of intellectual property in China is carried out in two different ways: administrative (appeal to administrative bodies for the purpose of establishing a legal regime for the protection of the results of intellectual activity, and in the event of violation of intellectual rights of various entities), judicial (resolution of disputes over intellectual rights in courts). The authors come to the conclusion that despite compliance of the legislation of the People’s Republic of China in the sphere of intellectual property to international standards and functioning of numerous public authorities responsible for protecting intellectual property, this system works inefficiently that causes a high percent of violations in the considered sphere.
The subject of this monograph is intellectual property law in Russia. This study focuses on legal mechanisms of protection of intellectual property rights since, in Russia, legislation is the main source of such rights. Though neither judicial practice nor theses propounded in legal literature are formally considered sources of intellectual property law in Russia, they at times seriously affect court rulings, and so much attention is paid to them in this study in dealing with key issues and points of dispute.
All references to legislation in this monograph are valid as of August 2014, but account is taken of amendments to Part Four of the Civil Code that are due to enter into force on 1 October 2014.
The author of article E.P.Gavrilov, professor of the chair of the civil law of the Higher school of economy, doctor of law answers to the questions of readers of the magazine, received in connection with his previously published article.
The purpose of this work is to study the problem of correlation between personal and property constituent elements of copyright within the framework of continental legal system. The work contains conclusions relating to the specific interrelations existing between the mentioned constituent elements of the mechanism of copyright and the extent of their compulsory nature both for lawmakers and for law enforcement officials.
Companies are increasingly paying close attention to the IP portfolio, which is a key competitive advantage, so patents and patent applications, as well as analysis and identification of future trends, become one of the important and strategic components of a business strategy. We argue that the problems of identifying and predicting trends or entities, as well as the search for technical features, can be solved with the help of easily accessible Big Data technologies, machine learning and predictive analytics, thereby offering an effective plan for development and progress. The purpose of this study is twofold, the first is an identification of technological trends, the second is an identification of application areas and/or that are most promising in terms of technology development and investment. The research was based on methods of clustering, processing of large text files and search queries in patent databases. The suggested approach is considered on the basis of experimental data in the field of moving connected UAVs and passive acoustic ecology control.
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/