Akhmadova M.A. —
Norms of international law in the field of application of the results of scientific research in the field of biotechnology (on the example of therapeutic and reproductive cloning and editing of the human genome) and their patent protection
// International Law and International Organizations. – 2024. – ¹ 3.
– P. 22 - 36.
DOI: 10.7256/2454-0633.2024.3.33231
URL: https://en.e-notabene.ru/mpmag/article_33231.html
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Abstract: The article is aimed at covering a number of issues in the field of legal regulation of innovative medical technologies based on intervention in the human genome and cloning (therapeutic and reproductive) in the context of the provisions of international law (conventions, declarations, bilateral agreements). In this format, the author examines some international acts that have created a legal paradigm for regulating scientific research in the area under study, defining the boundaries of admissibility of the introduction of the designated achievements of modern science in clinical medicine, which are designed to act as an effective tool in the fight against severe hereditary diseases, etc., which potentially predetermines their demand. The author focuses on the issue of patentability of these biotechnologies. The study used such methods of scientific knowledge as: general scientific dialectical, formal-legal and comparative-legal methods. At the same time, the author proceeds from the subjective-objective nature of processes and phenomena, and their interconnectedness. The novelty of the study is determined by its purpose, subject and range of sources considered. Thus, the author examines the provisions of both regulatory acts and soft law acts, emphasizing the peculiarities of the legal nature of both. In this format, the author formulates the conclusion that the system of international principles and standards formed by the considered acts and documents does not contain an explicit permission to carry out scientific research in the considered field of biotechnology with subsequent commercialization of the results that can be patented as inventions, which leads to the need to create a national legal foundation by modern states wishing to advance in this area, mandatory for execution, as a result of which the legal map of the world acquires a rather mosaic character, when innovative biotechnologies are distributed in countries with legislation loyal to scientific research, which are, in fact, "scientific offshores".
Akhmadova M.A. —
International legal protection of copyrights in the medical sphere of BRICS countries
// International Law and International Organizations. – 2020. – ¹ 2.
– P. 40 - 53.
DOI: 10.7256/2454-0633.2020.2.32914
URL: https://en.e-notabene.ru/mpmag/article_32914.html
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Abstract: The subject of this research is multilateral international acts in the area of copyright that were joined by the BRICS countries – Berne Convention, Universal Copyright Convention, TRIPS Agreement, etc., as well as bilateral agreements between the governments of Russia and Brazil in 2007, Russia and India in 1994, Russia and China in 1992, Russia and South Africa in 2014, which regulate different legal aspects of realization of joint scientific and technological activity, namely in the sphere of medicine. Attention is focused on the problematic moments associated with the spread of copyright regime upon certain objects of medical activity. The scientific novelty of this work consists in articulation of the problem and approaches to its research. The authors comes to the conclusion that the BRICS countries have formed a sufficient international legal system for the protection of copyrights with one, but serious flaw substantiated by the refusal of India and Brazil to join the Agreement of World Intellectual Property Organization. Proliferation of scientific information through the Internet requires more stringent regulation on the international level, since it inflicts substantial damage to the authors of scientific works.
Akhmadova M.A. —
Security of rights to intellectual property created in joint activity within the framework of bilateral agreements between Russia and BRICS countries on the scientific and technical cooperation
// International Law and International Organizations. – 2019. – ¹ 3.
– P. 38 - 47.
DOI: 10.7256/2454-0633.2019.3.30742
URL: https://en.e-notabene.ru/mpmag/article_30742.html
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Abstract: The subject of this research is the international acts in the area of scientific and technical cooperation of the BRICS countries – bilateral agreements between the Governments of the Russian Federation and Brazil (2007), Russian Federation and India (1994), Russian Federation and China (1992), Russian Federation and South Africa (2014), and others pertaining to protection and security of rights to intellectual property. Attention is focused on the problematic moments in legal regulation of the “preceding” and “created” within the framework of these acts of intellectual property, including the questions of dispute settlement between the parties, the order of allocation of rights to service development and compensation for them, structure and content of separate contracts concluded in accordance with the indicated agreements, etc. The scientific novelty consists in articulation of the problem and approaches towards its research. The author comes to the conclusion on the sufficient elaboration of the bilateral agreements between the Russian Federation, India and China, which is viewed as a crucial factor in the development of further cooperation in this area for the purpose of ensuring of economic modernization of these countries on the innovative basis. However, the cooperation between Brazil and South Africa is not well developed, therefore the leadership of these countries does not take measures on development and signing of intergovernmental protocol to the Agreement between the Russian Federation and Brazil, called to regulate mainly the questions of legal protection of intellectual property, which manifests as the factor hampering the development of cooperation.
Akhmadova M.A. —
Certain guarantees of protection of investor right: national and intergovernmental level (on the example of Russia’ and China’s legislation)
// Law and Politics. – 2019. – ¹ 1.
– P. 46 - 53.
DOI: 10.7256/2454-0706.2019.1.28624
URL: https://en.e-notabene.ru/lpmag/article_28624.html
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Abstract: The subject of this research is the questions of providing certain legal guarantees to foreign investors, reflected in the provisions of national legislation considering its recent amendments, as well as the texts of bilateral intergovernmental agreements via example of Russia and China. The authors focuses attention on such guarantees as the guarantee for compensation in terms of expropriation (nationalization) of the property of foreign investor; transfer of payments related to realization of investment activity; insurance of noncommercial risks (of political nature) in the activity of foreign investors; stabilization clause, etc. The scientific novelty consists in the comparative-legal study of peculiarities of the content of legal guarantees provided to the foreign investors in Russia and China. The author comes to a conclusion that the approaches of a legislator towards the content of legal guarantees at the national level have certain variances, while the provisions of intergovernmental agreement between Russia and China of 2006 secures all of the fundamental state guarantees for the foreign investors that carry financial and political character.
Akhmadova M.A. —
Certain guarantees of protection of investor right: national and intergovernmental level (on the example of Russia’ and China’s legislation)
// Law and Politics. – 2019. – ¹ 1.
– P. 46 - 53.
DOI: 10.7256/2454-0706.2019.1.43207
URL: https://en.e-notabene.ru/lamag/article_43207.html
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Abstract: The subject of this research is the questions of providing certain legal guarantees to foreign investors, reflected in the provisions of national legislation considering its recent amendments, as well as the texts of bilateral intergovernmental agreements via example of Russia and China. The authors focuses attention on such guarantees as the guarantee for compensation in terms of expropriation (nationalization) of the property of foreign investor; transfer of payments related to realization of investment activity; insurance of noncommercial risks (of political nature) in the activity of foreign investors; stabilization clause, etc. The scientific novelty consists in the comparative-legal study of peculiarities of the content of legal guarantees provided to the foreign investors in Russia and China. The author comes to a conclusion that the approaches of a legislator towards the content of legal guarantees at the national level have certain variances, while the provisions of intergovernmental agreement between Russia and China of 2006 secures all of the fundamental state guarantees for the foreign investors that carry financial and political character.
Akhmadova M.A. —
Investment policy of BRICS nations (on the example of the Republic of South Africa)
// Law and Politics. – 2017. – ¹ 6.
– P. 44 - 54.
DOI: 10.7256/2454-0706.2017.6.23172
URL: https://en.e-notabene.ru/lpmag/article_23172.html
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Abstract: The subject this research is the questions of legal regulation and investment relations in BRICS member-states using the example of the Republic of South Africa, as well as key issues faced by the foreign investors in realization of various investment projects in this country. Proposed by the author comparative legal study covers certain aspects of the mechanism of admission of corporations with foreign investments to exploitation of mineral resources in South Africa, functioning of special economic zones, as well institutional structure involved in investments in this country. The scientific novelty consists in turning attention to the relevant questions of legal regulation of the investment relations in the conditions of reforms in the national investment legislation of South Africa, which became synonymous with the protectionist moods, justified by the state’s desire to overcome the Apartheid Regime, as well as preserve the country’s economic sovereignty.
Akhmadova M.A. —
Investment policy of BRICS nations (on the example of the Republic of South Africa)
// Law and Politics. – 2017. – ¹ 6.
– P. 44 - 54.
DOI: 10.7256/2454-0706.2017.6.42924
URL: https://en.e-notabene.ru/lamag/article_42924.html
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Abstract: The subject this research is the questions of legal regulation and investment relations in BRICS member-states using the example of the Republic of South Africa, as well as key issues faced by the foreign investors in realization of various investment projects in this country. Proposed by the author comparative legal study covers certain aspects of the mechanism of admission of corporations with foreign investments to exploitation of mineral resources in South Africa, functioning of special economic zones, as well institutional structure involved in investments in this country. The scientific novelty consists in turning attention to the relevant questions of legal regulation of the investment relations in the conditions of reforms in the national investment legislation of South Africa, which became synonymous with the protectionist moods, justified by the state’s desire to overcome the Apartheid Regime, as well as preserve the country’s economic sovereignty.