Определение условий принудительных лицензий в отношении зависимых изобретений
In the article from the position of contract law assesses the fact of non-complience of mandatory requirements to the objects of technical regulation.
The comment to the civil code of the Russian Federation parts of the fourth (Volume 2)
The relevance of the topic is determined by the growing importance of intellectual property for the development of society and economy, as well as contradictorytrends in the legal regulation of this sphere in the information society. Constitutional justice is becoming an important element that ensures balanced development of intellectual property rights at the present stage.
Introduction: efficient legal protection of intellectual outputs is essential for the dynamic development of modern society. The list of intellectual property objects is not intended to be exhaustive, separate outputs lose their relevance and become excluded from the list of protected objects, while new ones, on the contrary, are added to it. Purpose: this work aims to identify the tendencies regarding the extension of the range of intellectual property objects at the beginning of the 21st century, and to define the scientific and technological progress results that were granted protection under the influence of the Fourth Industrial Revolution and other factors. Methods: the method of formal logic, historical, comparative legal, systemic structural and formal dogmatic methods were used in course of the analysis. Results: international legal regulation does not provide clearly-defined guidelines to restrict the sphere of intellectual property. This factor undoubtedly contributes to expanding the list of its objects. At the beginning of the 21st century, law-based lists of copyrighted works did not include any new items. The institute of neighboring rights is most dynamically developing in the Law of the European Union. The Directive on Copyright in the Digital Single Market proposes recognizing two new neighboring rights. One of them is the right of the press publishers for online use of their publications by the news aggregators. The other neighboring right included into the draft Directive was the right to coverage of sporting events. However, in February, 2019, the provisions on this right were excluded from the Directive. In our opinion, biomedical cell products constitute new objects of civil circulation that require their own legal regulation as intellectual property constituents. Conclusions: intellectual property law cannot and should not undergo changes with the emergence of every new kind of objects. The contemporary challenge facing civil jurisprudence and the legislature is to formulate universal regulations that would make it possible to protect the rights of authors and developers of technological solutions even at the stage of experiments.
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 author analyzes concession’s concept and its substance as a category. He gives his own vision of a place, which concessions occupies in Public-Private Partnerships (PPPs). The paper describes a wide scale of concession’s experience in Russia and throughout the world. The author makes an attempt to give a comprehensive analysis of various factors that are able to contribute to successful concession development in Russia.
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/