Book chapter
Субъекты авторского права
In book
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.
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.
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 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 article investigates trends in development of copyright in the modern information society. It is noted that, to a certain extent, the provisions of "classical" copyright conflict with the technical possibilities of dissemination of information in digital form and the needs of society in information that is updated on a digital basis. As one of the means of resolving this contradiction, the normative fixing of exceptions to copyright in relation to libraries is indicated. The options for incorporation copyright exceptions for libraries in the legislation of various states are considered, as well as possible approaches to the establishment of such exceptions, as declared in documents of international and national organizations and expert advisory bodies.
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.
E.P.Gavrilov, doctor of sciences, professor of the chair of the civil law of the state university «Higher school of economy» analyzes the use of the copyrighted works in the trademarks.