DOI: 10.7256/2454-0706.2019.8.30364

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.

DOI: 10.7256/2454-0706.2019.8.43262

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.

DOI: 10.7256/2454-0633.2019.4.31840

Abstract: The subject of this article is the analysis of the key provision of law of the European Union and national legislation of its member-states in the area of protection of trade secret. The author examines the strategies of harmonization of legal protection of trade secret on the supranational level, which allow ensuring conditions for the development of domestic market and transboundary trade activities through overcoming the fragmentation of legal regulation. Emphasis is made on the analysis of provisions of the Directive (EU) 2016/943 on unification of the definition of trade secret and stipulation of the general measures for its protection. Methodological framework is comprised of the general methods of cognition – analysis, synthesis, generalization, abstraction. As a special scientific method the author applied dogmatic method, which allowed revealing the content of novelties contained in the Directive (EU) 2016/943. Comparative legal method was applied in comparing the Agreement on Trade-Related Aspects of Intellectual Property Rights, Directive 2016/943, as well as the law of EAEU. The conclusion is made that trade secret plays an important role in the development of digital economy. The author’s contribution lies in determination of the pattern demonstrating that the use of digital technologies in all spheres of activities directly affects the methods of protection of trade secret, as well as the ways of its unauthorized acquisition, use or disclosure. The novelty this work consists in substantiation of the impact of harmonization of legal protection of trade secret in the European Union upon gradual development of scientific research and commercialization of innovations, which complies with the key direction of the activity on implementation of the Digital Single Market strategy.

DOI: 10.25136/2644-5514.2019.3.30390

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. № 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.