Наукові статті кафедри цивільного права і процесу
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Item CHANGES IN LEGAL REGULATION OF RIGHTS IN OFFICIAL WORKS(European Science Scientific journal 3/2018, 2018-05) Філик, Наталія Володимирівна; Грабовська, Ганна МиронівнаIn the article the authors research changes in legal regulation of the rights in official works. classification of international instruments in the field of space law. The authors emphasize the differences in regulation of the rights in official works and offer their recommendations for their removal. The authors agree with the scientists on necessity to make amendments to the labour legislation in order to properly regulate the rights in official works. Separate attention is paid to the order of registration of labour relations with the employee as the author of official works.Item COMPUTER-TECHNICAL EXPERTISE AS EVIDENCE IN CASES OF VIOLATIONS OF BANK (CURRENCY) LAWS(European Science Scientific journal 3/2018, 2018-05) Ямненко, Тетяна Михайлівна; Жмур, Наталія ВолодимирівнаThis paper deals with the problems of expertise. In the article expedience of setting of different types of computer-technical examination is examined at proving of bank (currency) offences. Proposed changes to the Regulations on the appointment and conduct forensic examinations and expert research.Item Consumer extremism and the unenviable position of the seller's(National Aviation University, 2019) Filinovych, V.Purpose: to explore the notion and the essence of the consumer extremism (terrorism) and to find out an adequate solution for disputes between the seller and the customer. The methodological basis of the research comprises philosophical, ideological, general scientific and special methods. Results: the concept of the consumer extremism as the illegal action is defined as the dishonest actions of consumers operating under the law, aimed at receiving money from the seller (manufacturer of products, supplier of services) in order to profit from it, and not to renew their violated right. Also the author found out that there is no adequate regulation of this issue in Ukrainian legislation. The author suggested the list of actions to be taken while dealing with the consumer extremist. Discussion: improvement of the national legislation in the sphere of consumer terrorism; search for actions to be taken while dealing with the consumer terrorist.Item CURRENT STATE OF MONITORING COMPLIENCE WITH INTERNATIONAL LABOUR LEGAL ACTS(Юридичний вісник повітряне і космічне право № 3(44), 2017) Белуга, Юлія Миколайвна; Жаб'як, А. А.Item Domain disputes: problem aspects(National aviation university, 2021-06) Diduk, Alla; Lytvyn, StepanPurpose: the purpose of this article is to clarify the main problems of litigation of domain disputes and suggest ways to overcome them. The methodological basis of the study are general scientific and special methods of cognition. The use of these methods made it possible to describe the problems of litigation of domain disputes. Results: the study found that neither domestic law nor domestic justice is ready to deal with cases related to domain disputes. Because in practice they face the problem of clarifying judicial jurisdiction and the impossibility of applying the rules of international law. The plaintiff faces the problem of identifying the defendant, there are difficulties in proving and the need to file a statement of claim. And the plaintiff, most often, can only be the owner of a registered trademark (mark for services). Discussion: it is possible to overcome the existing problems of litigation of domain disputes by improving the procedure of domain name registration, which will prevent violation of the rights of owners of means of individualization of participants in civil circulation, goods and services, and in case of violation of these rightsItem Domain name in the system of objects of intellectual property rights(National Aviation University, 2022-09) Filinovych, Valeriia V.; Sukhanov, Oleksandr D.; Філінович, Валерія Вікторівна; Суханов, ОлександрPurpose: study the actual problem of determining the place of domain names in the system of objects of intellectual property rights. The methodological basis: generally recognized methods of scientific knowledge, namely: analytical, comparatively legal, systemically structural and others. Results: the definition of the concept of a domain name in the current Ukrainian legislation was studied, a comparative analysis of the concepts of «trademark» and «domain name» was carried out, and topical problematic issues of methods and means of protecting a domain name as a separate object of intellectual property rights and as an object of different legal branches were identified, and also the suggestions for overcoming such issues were presented. Discussion: the discussion in the study is devoted to finding methods to solve the problem of determining the place of domain names in the system of objects of intellectual property rights and methods and means of protecting domain names as separate objects of intellectual property rights.Item FREE E-MATERIALS FOR EDUCATION vs COPYRIGHT IN UKRAINE(European Science Scientific journal 3/2018, 2018-05) Шуст, Наталія Борисівна; Смородина, А.Є.Based on the results of the sociological studies, it was found that students require to receive from the University free educational materials in electronic form. It is not about e-Learning, but about an issue on free access to scientific and educational literary works. At the same time, civil legislation and specific legislation on intellectual property of Ukraine do not envisage a ready-made legal structure to enjoy the IP rights and preserve the interests of all parties: a student as the recipient of educational materials; the University as a party, which is obliged to provide student with high-quality educational services; and a lecturer as the author of such educational materials. This article contains a general analysis of the legal regulation of proprietary IP rights to be licensed to third parties, including through public licenses.Item IMPROVEMENT OF COPYRIGHT PROTECTION MECHANISM ON THE INTERNET(European Science Scientific journal 3/2018, 2018-05) Троцюк, Ніна ВалеріївнаThe article investigates separate problems of intellectual property protection on the Internet based on the analysis of the Ukrainian acts of legislation provisions as well as defines the remedies. Methods of investigation: both general- scientific and specific-legal methods of theoretical knowledge became the basis of the research. The essence of the Internet as a global net is defined through the methods of comparison and analysis in relation to the technical method. By their means, the author has also found out the peculiarities of intellectual property rights security and protection within the sphere of the Internet. The use of technical method enabled to determine the main types of copyright infringement on the Internet. Through the use of expectation method, the author analyses the questions of copyright infringement recording on the Internet and offers the ways of improvement of intellectual property rights legal protection within this Net. Results: problem-solving ways in the sphere of copyright protection and neighboring rights on the Internet are outlined. Discussion: ensuring proper and effective level of intellectual property rights protection on the Internet as one of the strategic directions of national legislation reforming and law enforcement practice within the sphere of copyright and neighboring rights.Item The influence of labour transformation on development of contemporary labour law science(European Science Scientific journal 3/2018, 2018-05) Вишновецька, Світлана Василівна; Вишновецький, Вадим МихайловичThe article focuses on the analysis of labour transformation manifestations and their influence on development of contemporary labour law science. It establishes that labour law science faces a broad range of issues caused by social development conditions. The peculiarities of an “atypical” employee’s job must become a subject of a specific research, whereas the contemporary employment doctrine urges for its establishment, with the conventional understanding of labour function undergoing changes.Item Legal Regime of the European Patents(2015) Вишновецька, Світлана Василівна; Кметик, Христина ВолодимирівнаAuthors describe the peculiarities of the modern regional patent systems, especially deal with the European regional patent system. The article focuses on the essence of the European patent, its special features as substantial step towards the integration of the worldwide unified patent system. The procedure for granting the European patent, requirements placed on the patentee and the extent of the exclusive rights are described in the article.Item LEGAL STATUS OF PATENT ATTORNEYS, TRADE MARK ATTORNEYS UNDER THE UNITED KINGDOM LAW(Юридичний вісник повітряне і космічне право № 4 (45), 2017) Кметик, Х.В.Purpose: the author makes an attempt to research the legal status of patent attorneys, trade mark attorneys in the intellectual property right of the United Kingdom using the method of induction, systematic approach, formal legal methods. Analyzing the problem the author separates and gives legal description of different types of patent attorneys and trade mark attorneys as advisors in the field of intellectual property right of the United Kingdom. The main provisions of the Rules of Conduct for Patent Attorneys, Trade Mark Attorneys and Other Regulated Persons (2015) (also well-known as Code of Conduct) are considered in detailed. Results: this research provides an opportunity to broaden the understanding of the institution of patent attorneys, trade mark attorneys in the intellectual property right of the United Kingdom and thus include this knowledge in the domestic research on intellectual property right. The obtained results will have a positive impact on the reform of the institute of representatives in the field of intellectual property in Ukraine in order to ensure its effectiveness and relevance to the challenges of the present. Conclusions: all types of patent attorneys and trade mark attorneys as advisors in the field of intellectual property right of the United Kingdom are well-educated professionals in all areas of intellectual property. They are able to advise on a wide range of technical and commercial issues in this field. Implementing a similar diversity of advisors in the field of intellectual property right of Ukraine will have a positive impact on the reform of the institute of representatives in the field of intellectual property in Ukraine in order to ensure its effectiveness and relevance to the challenges of the present.Item Legal theoretical approaches to the conception of intellectual property(2010) Філик, Наталія Володимирівна; Зубрицька, Ольга ВікторівнаItem LIABILITY OF INTERNET INTERMEDIARIES FOR COPYRIGHT INFRINGEMENT(Юридичний вісник повітряне і космічне право № 3(44), 2017) Троцюк, Ніна Валеріївна; Кудзіновський, А.Item PARTICULARITIES OF LEGAL REGULATION OF INSURANCE CONTRACT IN CIVIL AVIATION(National Aviation University «NAU-druk» Publishing House, 2011) Троцюк, Ніна ВалеріївнаItem Protection of intellectual property rights from cyber threats in the global information environment(Catholic University of Colombia, 2023-04) Sopilko, Iryna; Filinovych, Valeriia; Pankova, Liliia; Obshalov, Serhii; Chaplynskyi, Kostiantyn; СопілкоІрина, Ірина; Філінович, Валерія; Панкова, Лілія; Обшалов, Сергій; ЧаплинськийКостянтин, КостянтинThe encouragement of creative, scientific, inventive activity and business competition largely depends on the solid protection of intellectual property and related rights on the internet. The problem of such protection lies in the transnational nature of the internet, the absence of a unified centralized management, the difficulty of proving infringements, as well as in the insufficient regulation of this issue. This article analyses the protection of intellectual property rights on the internet in Ukraine, the potential and real threats to them in the cybernetic domain, and the key areas of related activity of state bodies and individuals. The research uses a method of synthesis and analysis, comparative legal analysis, and systemic and formal-logical methods. This article analyses the normative legal documents of Ukraine on intellectual property and rights on the internet, points out their shortcomings, and provides advice on their use. Recommendations are given on how to ensure the protection of intellectual rights through preventive measures and subsequent judicial and extrajudicial proceedings, indicating ways to ensure cybersecurity in relation the intellectual property of individuals.Item SOME ISSUES TO THE HISTORY OF COPYRIGHT LAW IN UKRAINE(Юридичний вісник повітряне і космічне право № 4 (45), 2017) Шуст, Наталія Борисівна; Смородина, А. Є.Abstract. Purpose: review and analyze the ways of acknowledgment and establishment of moral and economic rights of intellectual property under the Soviet copyright law until such rights have been implemented in the Civil Code of Ukraine dated 2003. Methods: optimization of enforcement of the provisions of the Civil Code of Ukraine, provided for moral and economic rights of intellectual property under the Soviet copyright law until such rights have been implemented in the Civil Code of Ukraine. Results: the Civil Code of Ukraine has restructured the system of the intellectual property rights in Ukraine and introduced the general provisions that apply to all objects of the intellectual property right. Discussion: regulations of USSR and Ukrainian SSR on civil laws and copyright, Ukrainian legislation on copyrightItem SPECIFICS OF LEGAL REGULATION OF THE CIVIL RESPONSIBILITITY OF AIR CARRIERS: INTERNATIONAL-LEGAL ASPECT(2012) Кметик, Христина Володимирівна; Троцюк, Ніна ВалеріївнаItem SURROGACY AGREEMENT(2016) Вишновецька, Світлана Василівна; Оніщенко, Ольга Вікторівна; Кметик, Христина ВолодимирівнаIn the article the authors research the content of surrogacy and its types. The legal nature of surrogacy agreement and the definite list of its obligatory terms are considered there.Item THE PECULIARITIES OF CERTAIN TYPES OF VIOLATIONS OF COPYRIGHT AND RELATED RIGHTS(European Science Scientific journal 3/2018, 2018-05) Зуєва, Вікторія Олександрівна; Белуга, Юлія МиколаївнаThe article analyzes the peculiarities of some of the most common types of copyright and related rights in Ukraine. The authors analyze such concepts as: piracy, plagiarism, camcording, cardsharing, and pay attention to the imperfection of legislative definitions.Item THE VALUE OF PATENTS AND IMPROVING PATENT PROTECTION OF INVENTIVE ACTIVITY(Юридичний вісник повітряне і космічне право № 4 (45), 2017) Філик, Наталія Володимирівна; Омельченко, Г. В.Purpose: authors focus their attention to the drawbacks of the effective legislation and form the main directions of the effective legislation improvement in accordance with international law in the context of the patent law objects protection. Methods: this paper summarizes a number of studies which use patent data and research special features of legal regulation of inventive activity. Results: consider several issues of patenting the patent law objects and clarify legal nature of relations arose during registration of the rights to the patent law objects. Discussion: during the research the authors focus their attention to the drawbacks of the effective legislation and form the main directions of the effective legislation improvement in accordance with international law in the context of the patent law objects protection. Special attention is devoted to analysis of the main threats of the patent law violations and ways to overcome them.