ARCHITECTURAL WORKS AS OBJECTS OF THE RIGHT OF INTELLECTUAL PROPERTY. TRENDS AND INNOVATION
Journal Title: Міжнародний науковий журнал "Інтернаука". Серія: "Юридичні науки" - Year 2018, Vol 1, Issue 4
Abstract
The article considers the social relations that arise, change and cease in the field of architectural activity. The newest tendencies with protected rights to works of architecture and their features are researched. To date, legislation in the field of architectural activity is characterized by imperfection of definitions, using by the legislator inaccurate, incompatible wording, which necessitates the solution of these problems by reviewing and improving the provisions of normative legal acts of Ukraine in the field under study. Deserves a detailed study of the doctrinal provisions and legislation of foreign countries. The latest trends indicate the need to find new ways to improve the legislative regulation of relations, on such complex objects as works of architecture. In Ukraine, the regulation of such objects takes place in two areas - the right of intellectual property and legislation in the field of architectural activities. A separate aspect justifying the timeliness of the research on the selected problem is property. The use of authorship of their property rights is an important aspect of the modern model of relations in the field of intellectual property. Commercialization of the results of creativity is a requirement of contemporary art and a modern paradigm of civil-law relations. Creativity is transformed from a purely spiritual sphere into a real way of material gain. Utilitarianism, inherent in the model of relations on the intellectual property of works of art in Western countries, is gradually spreading in the sphere of public relations in Ukraine. This requires the development of more effective and effective mechanisms of civil law regulation of relations, including in the field of copyright in works of architecture, especially considering the high possibilities for capitalizing the results of such creativity. Therefore, there is a need not only to expand the theoretical and methodological tools for regulating relations with regard to the use of works of architecture, but also to create a model for the protection of rights to such works, the almost complete absence of which today is a significant disadvantage in the field of domestic legislation.
Authors and Affiliations
Anastasia Verbytska
Keywords
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- EP ID EP576944
- DOI 10.25313/2520-2308-2018-4-3939
- Views 138
- Downloads 0
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