Shugurova I.V. —
The peculiarities of observance of the EU competition law in the conditions of digital environment and the protection of intellectual property rights
// International Law. – 2021. – ¹ 4.
– P. 29 - 38.
DOI: 10.25136/2644-5514.2021.4.37248
URL: https://en.e-notabene.ru/wl/article_37248.html
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Abstract: The subject of this research is the analysis of interaction between the EU competition law and the intellectual property legislation in the conditions of the development of digital environment. The goal lies in determination of the peculiarities of observance of the EU competition law in the process of implementation and protection of the intellectual property rights. The author dwells on correlation between the principle of free movement of goods and services within the single market and the principle of territorial scope of exclusive rights. Analysis is conducted on the key provisions of the European Commission Regulation, which exclude certain agreements, namely on the transfer of technologies, from the Article 101(3) of the Treaty on the Functioning of the European Union. The main conclusion lies in the theoretical assumption that the EU legal policy in the sphere of competition in the conditions of the development of the Digital Single Market is aimed simultaneously at protection of competition and protection of the potential of innovations. Reaching the balance between the interests of all parties to the market relations would promote innovations and keep the market open. The scientific novelty of this research consists in comprehensive examination of the main approaches of the European Commission and the Court of Justice of the European Union towards settling disputes in the area of licensing, as well possible abuse by the copyright holders of their dominant position in the conditions of development of the digital environment. The author’s main contribution lies in comprehensive examination of the provisions of the Treaty on the Functioning of the European Union on Protection of Competition from the perspective of implementation and protection of exclusive rights.
Shugurova I.V. —
Political law questions of formation of the regional innovation system of EAEU member-states in the conditions of digitalization of economy
// Law and Politics. – 2019. – ¹ 8.
– P. 18 - 40.
DOI: 10.7256/2454-0706.2019.8.30364
URL: https://en.e-notabene.ru/lpmag/article_30364.html
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Abstract: The subject of this research is the EAEU policy in the area of innovation development aimed at solving the task of formation of the regional innovation system in the context of implementation of the digital economy agenda. The author focuses on the correlation between the aforementioned policy and cooperation of the EAEU member-states in establishing the right to intellectual property. Special attention is given to the analysis of possible algorithms of the formation of regional innovation system and usage potential of the digital platforms. The also author underlines that all member-states should witch to unified policy in this sphere. Application of the comparative-legal method allowed to compare the legal framework for ensuring innovation development in the conditions of digital economy in EU and EAEU with consideration of the growing role of the right to intellectual property in these processes. The scientific novelty consists in the following: the questions of EAEU legislation in the area of the right to intellectual property are presented in light of cooperation on the convergence of innovation development of the EAEU member-states in terms of implementation of the strategy of digitalization of economy. The key conclusion of the conducted research consists in the statements that the content of EAEU strategies in the area of intellectual property and innovation development should reflect the measures on formation of the regional innovation system, considering digitalization of law and intellectual property systems.
Shugurova I.V. —
Political law questions of formation of the regional innovation system of EAEU member-states in the conditions of digitalization of economy
// Law and Politics. – 2019. – ¹ 8.
– P. 18 - 40.
DOI: 10.7256/2454-0706.2019.8.43262
URL: https://en.e-notabene.ru/lamag/article_43262.html
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Abstract: The subject of this research is the EAEU policy in the area of innovation development aimed at solving the task of formation of the regional innovation system in the context of implementation of the digital economy agenda. The author focuses on the correlation between the aforementioned policy and cooperation of the EAEU member-states in establishing the right to intellectual property. Special attention is given to the analysis of possible algorithms of the formation of regional innovation system and usage potential of the digital platforms. The also author underlines that all member-states should witch to unified policy in this sphere. Application of the comparative-legal method allowed to compare the legal framework for ensuring innovation development in the conditions of digital economy in EU and EAEU with consideration of the growing role of the right to intellectual property in these processes. The scientific novelty consists in the following: the questions of EAEU legislation in the area of the right to intellectual property are presented in light of cooperation on the convergence of innovation development of the EAEU member-states in terms of implementation of the strategy of digitalization of economy. The key conclusion of the conducted research consists in the statements that the content of EAEU strategies in the area of intellectual property and innovation development should reflect the measures on formation of the regional innovation system, considering digitalization of law and intellectual property systems.
Shugurova I.V. —
Unification of legal regulation in the area of protection of geographical indications and designation of origin of products in the European Union
// International Law. – 2019. – ¹ 3.
– P. 23 - 40.
DOI: 10.25136/2644-5514.2019.3.30390
URL: https://en.e-notabene.ru/wl/article_30390.html
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Abstract: The subject of this research is the unification of EU legislation with regards to protection of geographical indications and designation of origin of products due to increasing economic importance of these objects of intellectual property. Special attention is given to the analysis of basic policy of the Regulation of the European Parliament and the Council of the European Union of November 21, 2012 No. ¹ 1151/2012 “On quality schemes for agricultural products and foodstuffs”, as well as to examination of the initiatives on further harmonization of legal regulation at the EU level. The author applies the comparative law method for contrasting the legal framework of EU and EAEU. The scientific novelty is defined by the fact that legal protection of geographical indications and designation of origin of products in the European Union is viewed from the perspective of establishment of the Digital Single Market and advancement of electronic trading platform. The comparison of these intellectual property objects with trademarks allowed determining not only the significance of protecting economic interests, but also public interests. The author concludes that at the regional level the European Union has created the legal framework for effective protection of geographical origin of the agricultural and food products in terms of the intellectual property institutions. The author suggests amending the regional system with the new legal tools concerning the protection of geographical indications with regards to industrial goods.