Bulat Ie.А., Pichko R.S. Revisiting the determination of insurance as the mechanism for the implementation of safeguard, realization and protection of the intellectual property rights

Details

Parent Category: Geo-Technical Mechanics, 2020

Category: Geo-Technical Mechanics, 2020, Issue 151

Geoteh. meh. 2020, 151, 77-85

DOI: https://doi.org/10.15407/geotm2020.151.077

Revisiting the determination of insurance as the mechanism for the implementation of safeguard, realization and protection of the intellectual property rights

¹Bulat Ie.А., ¹Pichko R.S.

¹Pridneprovsk Scientific Center of NAS of Ukraine and Ministry of Education and Science of Ukraine

UDC 347.779:001

Language: Ukrainian

Abstract.

The most important vector of development of modern Ukraine is European integration, which determines the unification, implementation and harmonization of not only the rules of European law with the legal system of Ukraine, but also European views and principles. As defined in the Law of Ukraine “National Program for the adaptation of Ukrainian legislation to the legislation of the European Union”, the national policy of Ukraine aimed at the adaptation of legislation is formed as an integral part of the legal reform in Ukraine. It is focused on ensuring the unified approaches to legislative drafting and obligatory incorporation of legislative requirements of the European Union in the course of legislative drafting, training of skilled professionals and arrangement of proper conditions for institutional, research-and-education, lawmaking, technical and financial support of the process of adaptation of Ukrainian legislation. It is unmistakable that one of the key pillars of the modern economy of the European Union and therefore its legal system is the intellectual property right, as well as acquisition, unhindered and effective exercise and efficient protection of intellectual property rights.

Today, the statutory regulation and enforcement of the intellectual property relations in Ukraine enter into the tangible reformist spirit driven by the idea of harmonization of current Ukrainian legislation with the legislation of the European Union, as well as implementation of the Practice Cases of the European Court of Justice and European Court of Human Rights. The insurance becomes particularly attractive in the process of search, substantiation and implementation of tools, procedures and measures that will promote the assertion of the principles of inviolability of intellectual property rights. The modern European experience demonstrates the effective use of insurance of intellectual property rights. For example, the Intellectual Property Office of the United Kingdom officially invites business entities to use the insurance of intellectual property rights for protection of their own interests. Since the 90’s of last century such currently known intellectual property insurance companies as Intellectual Property Insurance Service Corporation, SAMIAN, Camberford Law PLC, AON, Batterlеy Risk Consultants Ink and others operate in the United States and Europe.

The insurance as a comprehensive legal and financial system can propose to the holders of intellectual property rights the implementation of safety, enforcement and protection of their exclusive rights. In this context, importance is being increasingly attached to the disclosure of the content of the category of the insurance of intellectual property rights, which is proposed to consider from a mechanistic point of view through the disclosure of the content of insurance as a certain legal mechanism. The article defines the mechanism of intellectual property insurance as the regulation of social relations by the rules of insurance law arising from the implementation of an insurable interest in the satisfaction of person’s need for providing security of a certain benefit against the consequences of materialization of a foreseeable risk that can negatively affect this benefit, which is the intellectual property right to results of a person’s intellectual and creative activity in the field of intellectual property relations. A weighty conclusion in the matter of the mechanism of intellectual property insurance is not only the accentuation of relationships between such categories as insurance and intellectual property rights, but, perhaps most importantly, formation of additional directions both in lawmaking and in recodification of civil legislation on the way toward the adaptation of Ukrainian legislation to the legislation of the European Union.

Keywords:

insurance mechanism, intellectual property, legal safeguard, innovations

References:

1.   Idris, K. (2006), Intelektualna vlasnist – potuzhniy instrument ekonomichnogo zrostannya [Intellectual property – an effective tool for economic growth], Kiev, Ukraine.

2.   Dozortsev, V.A. (2000), “The concept of exclusive rights. Problems of modern civil law”, Civil Law, Special Issue, pp.14-15.

3.   Shershenevich, G.F. (1995), Uchebnik russkogo grazhdanskogo prava [Textbook of Russian civil law], Moscow, Russia.

4.   Koval, I.F. (2018), Komertsializatsiya intelektualnoyi vlasnosti [Intellectual property commercialization], Kiev, Ukraine.

5.   Vachevskiy, M.V. (2005), Intellektualna vlasnist: teoriya i praktika innovatsiynoyi diyalnosti [Intellektual property:theory and practice of innovative activity], Kiev, Ukraine.

6.   Yermasov, S.V. and Yermasova N.B. (2013), “The problems of development innovative risks. Insurance interests of modern society and its providing”, Proceedings of 14th International Conference “Insurance interests of modern society and their provision”, Saratov, pp. 30-35.

7.   Practical Quality Management (2020), International Standard: risks management – manual: Electronic documents, available at: https://pqm-online.com/assets/files/pubs/translations/std/iso-31000-2018-(rus).pdf (Accessed 26 May 2020).

8.   Zakharchenko, V.I. and Melnik, U.M. (2020), “Instruments to reduce innovative risks”, available at: http://www.rusnauka.com/12_KPSN_2010/Economics/63389.doc.htm (Accessed 25 May 2020).

9.   Patsuriya, N.B., Voytsehovska, I.M. and Golovatcheva, A.S. (2017), Pravove regulyuvannya diyalnosti u spheri straкhuvannya ta perestraкhuvannya: problemi teorii ta praktiki [Legal activity regulation related to insurance and reinsurance: the problems of theory and practice], Kiev, Ukraine.

10. Gambarov, U.S. (2013), Grazdanskoye pravo. Obschaya chast. [Civil Law. Common part], Moscow, Russia.

11. Hudakov, A. I. (2004), Strakhovoye pravo [Insurance law], St. Petersburg, Russia.

12. Bobrovnik, S.V. and Onischenko, N.M. (1995), “Social and legal effectiveness of legal system”, Zakonodavstvo: problemy efektivnosti, Special Issue, p. 19.

13. Volinka, K.G. (2003), Teoriya derzhavi I prava [Theory of State and Law], Kiev, Ukraine.

14. Abramov, V. U. (2007), Straкhovaniye: teoriya I praktika [Insurance: theory and practice], Moscow, Russia.

15. Alekseev, S.S.(1982), Obschaya teoriya gosudarstva i prava [General theory of state and law], Moscow, Russia.

16. Kalashnik, O.M.(2017), “Mechanism of legal regulation of civil relations as an object of scientific research: genesis and nature”, Uridichniy chasopis Natsionalnoyi akademii vnutrishnikh sprav, vol. 2(14), pp. 136-149.

17. Sukhanov, E.A. (2006), Grazhdanskoye pravo v 4-kh tomakh. Obyazatelstvennoye pravo [ Civil law in 4 vol. Obligatory law], Moscow, Russia.

18. Yavich, L.S. (1976), Obschaya teoriya prava [General theory of law], St. Petersburg, Russia.

19. Alekseev, S.S. (1981), Obschaya teoriya prava v 2-kh tomakh. Tom. 1 [General theory of law in 2 vol. Vol. 1], Moscow, Russia.

20. Kostruba, A. (2013), “Legal termination as a stage of the mechanism of legal regulation of civil legal relations”, Visnik Natsionalnoyi akademii pravovikh nauk Ukraini, vol. 4 (75), pp.142-148.

About the authors:

Bulat Ievgeniia Anatoliivna, Doctor of Science of Law, Senior Researcher, Pridneprovsk Scientific Center of NAS of Ukraine and Ministry of Education and Science of Ukraine, Professor of Department of Civil, Labour and Commercial Law, Oles Honchar Dnipro National University, Dnipro, Ukraine, This email address is being protected from spambots. You need JavaScript enabled to view it.

Pichko Roman Serhiiovych, Master of Science, Junior Researcher, Pridneprovsk Scientific Center of NAS of Ukraine and Ministry of Education and Science of Ukraine, laywer, Dnipro, Ukraine, This email address is being protected from spambots. You need JavaScript enabled to view it.

 

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