Eastern European Journal of Regional Studies
ISSN: 2537-6179 | e-ISSN: 1857-436X
Volume 7 | Issue 1 | JUNE 2021

Сonsumer Rights, Competition and Intellectual Property Protection Regimes in the EaP Countries at the Cross Roads: EU Requirements and Reality

Author: Oksana HOLOVKO-HAVRYSHEVA

Abstract: Unlike the protection of the intellectual property or competition, the cooperation of the EU with the EaP countries in consumer protection matters belongs to the topics which are not prioritized by the bilateral and multilateral cooperation agenda and fora. Rooted in different contractual framework, the cooperation in consumer protection matters, in the cases of the competition and intellectual property rights protection, is linked mainly to the approximation of legislation and regulatory practices used by the EaP countries to fulfil their obligations. This article aims to compare the EaP countries practices dealing with the consumer protection, competition protection and intellectual property protection regimes in order to identify the potential impact the properly ensured competition and effectively enforced intellectual property rights can cause on the level of the consumer protection as an effect of the proper and due approximation of the relevant legislation to the EU standards.

Keywords: consumer protection, competition, intellectual property, EaP countries, approximation of legislation

JEL Code: K33, O34, N44

Pages: 5-25 | Full text (PDF)


Exceptions and limitations to copyright and related rights in the light of the caselaw of the Court of Justice of the European Union

Author: Nataliya SOROKA

Abstract: Exceptions and limitations are an integral part of any effective copyright systems, they play a crucial role in striking a fair balance between the interests of the creators and rightholders, on the one hand, and those of the users of the protected works, on the other. The exceptions and limitations serve to secure such fundamental values as freedom of expression and information, freedom of art, science, research and education. Since the exceptions and limitations are not fully harmonised in the European Union, the lack of legal certainty is being cured by the caselaw of the Court of Justice. The role of the Court preliminary rulings in interpreting the relevant legal provisions and providing clarifications as to their application cannot be overemphasised. Moreover, in recent cases the Court of Justice considered the exceptions and limitations to copyright in the light of the European Convention on Human Rights and the settled caselaw of the European Court of Human Rights. Therefore, it is an opportunity for us to observe the growing attention of the Court of Justice to the human rights and fundamental freedoms protected by the European Convention.

Keywords:  copyright, exceptions and limitations, European Union, Court of Justice, caselaw

JEL Code: O30, O39, K38

Pages: 26-43 | Full text (PDF)


Industrial Property and Investment in the Research in the Business Sector – Comparative Study Czech Republic and Poland

Authors: Andrea TOMÁŠKOVÁ, Roman ŚMIETAŃSKI

Abstract: The authors analyzed data on the topic with using descriptive statistics method for answers five research questions which are in line with the aim of the article. The aim of the paper is to perform a comparative study in the field of intellectual property and investment in research in the business sector in the Czech Republic and Poland. Data were drawn from statistical offices in the Czech Republic and Poland. In the Czech Republic. Data was processed using descriptive statistics. The number of patents and utility models has been declining in recent years, while in Poland their number is growing. On the other hand, there is a growing trend of companies investing in science and research, both in the Czech Republic and in Poland. The impulse for companies to invest in R&D is also part of long-term innovation strategies in both countries. In the Czech Republic, it is the strategy of the Czech Republic Country For The Future 2019 - 2030 and in Poland, it is the Long-term national development strategy.  The article is important for making a comparison of the issue. This will be the basis for initiating academic research cooperation using tools from the long-term development strategies of both countries, which will bring implicit added value.

Keywords: patent, utility model, investment, research and development, Czech Republic, Poland.

JEL Code: O31, O32

Pages: 44-69 | Full text (PDF)


The Effects of Intellectual Property on Financial Integration in the European Union and Moldova Republic

Authors: Emmanuel Obed DADZIE, Ionela Gabriela MATEI

Abstract: In order to encourage creative work and prevent possible abuses, the field of intellectual property must be well regulated; from a legislative point of view. This present era which is characterized by continuous technological progress is experiencing a boost in relevance of intellectual property; thereby becoming one of the key elements of industries. This has made players of markets to become aware of the need to ensure protection of intellectual property rights. Hence, financial integration is a key element which can be affected by intellectual property and the innovation process involved. This paper analyses the correlation between international financial integration and intellectual property. Also, the analysis focuses on European Union (EU) member countries and Moldova in assessing the effects of intellectual property and international financial integration. Fixed-effect panel estimation and the ordinary least squares model are used in the analysis.The analysis has been conducted over the last two decades to see the differences that intellectual property has had over financial integrationover periods of time that have had extremely different economic oscillations. The results of this research provide an update on the analysis effects of intellectual property on international financial integration and it shows a negative relationship between them. Hence, this depicts that when intellectual property is carefully considered by firms and governmental institutions, it can be a major source of revenue for the stakeholders and the economy at large.

Keywords: intellectual property, financial integration, development, trademarks, industrial design, patents

JEL Code: F02, F36, O34

Pages: 70-91 | Full text (PDF)


European Union view on Personal Data in Intellectual Property Rights

Authors: Dorin CIMIL, Olesea PLOTNIC

Abstract: The issue under investigation concerns whether personal data or personal information from the point of view of intellectual property constitutes as such a commodity or economic potential, which may be subject to alienation and registration as an object protected by the intellectual property system or represent a non-commercial object, without circulation in civil relations, with a special legal regime, connected to the fundamental human rights and freedoms. Recognition of personal data and other categories of information, related to the person (geolocation data, user-generated content) in terms of intellectual property rights as objects of civil rights, would allow the development of the data market, necessary for the functioning of innovative technologies on big data, cognitive calculations, the Internet of goods, and bringing these technologies into a legal and civilized field. The objective of the article is to appreciate whether personal data is subject to any intellectual property rights by the assessment of EU jurisprudence in line with national legal framework of the Republic of Moldova.

Keywords:personal data; personal information; intellectual property rights, fundamental human rights and freedoms; objects of civil rights; innovative technologies.

JEL Code: P 37(P 48), L 84

Pages: 92-106 | Full text (PDF)


The Transition of Economy from Analogue to Digital in the XXI Century by the case of the Republic of Korea

Authors: Dok Hee OH, Aliaksei DANILCHANKA, Boris ZHALEZKA, Volha SINIAUSKAYA

Abstract: The article demonstrates the impact of digitalization on the political system and economy of the Republic of Korea based on the IT-revolution of the XXI century. Research methods used include comparative, system and logical data analysis, and the investigation of the digitalization trends. Data from Korean National Statistical Office and other official open sources are used for the determination of the main digitalization trends in the Korean economy. An analysis of specific phenomena arising in the economy and society as a whole is carried out under conditions of the digital economy. The evolution of the digitalization of hardware and software in the Republic of Korea is presented. The consequences of the transition of the economy from analogue to digital are revealed in such areas as the structure of the economy and business model, economic integration and liberalization, resource allocation and balanced development of regions, the role of government, and the intellectual property system.

Keywords: digital economy, Republic of Korea, liberalization, IT-revolution, high-tech content

JEL Code: M15, O33

Pages: 107-131 | Full text (PDF)


Digital Education as a Strategy for the Protection of Intellectual Property Rights

Author: Cristina LAZARIUC

Abstract: The spiritual, scientific and cultural potential of society have always been the driving force of sustainable development, which determines the economic competitiveness of any state.  Today we are witnessing a race of "digital armament", in which human rights are becoming less and less valuable, including intellectual property rights, which are systematically subjected to cyber-attacks by "data thieves". In this race, both IT giants and users with a high degree of digital literacy are driven by the maxim "purpose excuses the means", namely they admit that they may violate the limits of privacy, the limits of the principle of confidentiality, the limits of data integrity, the safety of persons, the limits of private property, including intellectual property, and all these in the name of profit. Under these conditions, the development of an efficient ecosystem for guaranteeing intellectual property rights, adapted to meet the challenges of the digital economy, requires both a strengthened regulatory environment and better competences. In this context, this article aims to address digital education, both as a mandatory requirement and objective to be achieved in the process of human adaptation to the challenges of the digital revolution, and as a strategy, whose concrete steps would ensure better protection of intellectual property rights, through the digital competences it forms.

Keywords: digitalization, digital economy, digital skills, ICT, OER.

JEL Code: I21, I23, I25, I28, O34

Pages: 132-155 | Full text (PDF)


Intellectual Property in Clinical Research - the Obstacles on the Road

Author: Iulianna LUPASCO

Abstract: Intellectual property behind the scenery of clinical research present a very special issue in scientific field presenting a deep underestimation of the main precious production of scientific researchers – production of mind, intellect, knowledge, clinical practice and research. In this article are highlighted main questions the young researches and not only young ones face while generating ideas, developing into nice projects. In this topic are discussed the main types of intellectual property in clinical research with a short introduction how the law protects them on a national level and why intellectual property is important for every clinical scientist. The literature review is closely intertwined with our own observations over the years in terms of intellectual property. Finally, the main benefits of intellectual property protection for clinical researchers will be presented empowering with new contacts and scientific innovation leaders from other places of the world.

Keywords: Intellectual property, clinical research.

JEL Code: I19

Pages: 156-172 | Full text (PDF)


Improving the practice of Competitive Strategies for the protection of Intellectual Property: the law and economics approach

Author: Vladlena LISENCO

Abstract: The article contains analyze of the legal regulation of the protection of intellectual property rights and practice of competitive strategies for the protection of intellectual property using best legal practices of EU countries and Eurasian Economic Union. Legal confirmation of intellectual property right, in fact, means that the state realizes the importance of culture and progress for the preservation and development of society. Protection of the results of creativity, intellectual activity is associated with the protection of individual freedom, human rights. The features of the competitive environment and competitive mechanism in the innovation economy has been analyzed as well as influence of competition on the behavior of economic agents in the innovative economic system. The paper includes analyzes the logic and economics of non-competitive behavior of companies and states in the EU single market and examines the functions of the Directorate of the European Commission for Competition. The EU competition policy tools are flexible and that they take into account the most diverse interests of the single market. The policy of the Eurasian Union as a whole is aimed at the implementation by the member states of measures in competitive policy and contributes to the launch of joint research and industrial projects, allows to increase the competitiveness of products, reduce production costs, ensure joint access to the external market.

Key words: intellectual property; competition:  innovative development; technology rights; copyright; patent law; international agreements; foreign investment.

JEL Code:  K 11, K 33.

Pages: 173-199 | Full text (PDF)


The Discrediting of Competing Trademarks - Between Multiple Qualification Option and Qualification Impediment

Author: Iulian MORARU

Abstract: Discrediting competing trademarks consists in the spread of certain information regarding the trademarks owned by the competitor of the undertaking realizing the disparaging actions. Relating the idea to the legislative provisions in force of the Republic of Moldova, it can be inferred that there are two options for qualifying such a conduct - according to the rules of unfair competition and in accordance with the rules of dishonest advertising. In such circumstances, the obvious question raised is whether the qualification will be done in accordance with one or another relevant legal norm. This aspect requires a broad clarification in the sense of offering viable alternative solutions and corresponding to the various practical factual situations. In this context, it is necessary to establish defined criteria in material and procedural terms in order to achieve a clear delimitation between different qualifying vectors. Circumstantially, there is a need to resort to the approach of domestic practice in this matter, as well as to the treatment of legislative, theoretical and practical trends in other states and legal systems.

Keywords: discrediting, trademark, unfair competition, dishonest advertising, qualification.

JEL Code: K23

Pages: 200-217 | Full text (PDF)


Intellectual Property in the Context of Global Ethics

Authors: Cristina LAZARIUC, Ecaterina LOZOVANU

Abstract: Today we are the subjects and witnesses of the continuous development and transformation of society, which has made rapid leaps from modern to the informational and knowledge-based society. In this sense, in order to ensure technological, economic and social progress, Intellectual Property Rights (IPR) must become the only key element for protecting ideas, stimulating innovation and creativity, designing and contributing to the creation of technology. In this article the authors emphasize the need to address IPR in the context of global ethics, because IPR is also the social responsibility and moral duty of every global citizen, whether creative or consumer, to respect the cultural and intellectual heritage of humanity and to contribute to its diversification and to overcome the challenges of the contemporary world in the digital age. In the current context of the globalization of economic, social and even spiritual life, the need for morality of people is becoming more and more pressing, on which we will continue to focus our concerns, because any new issue addressed includes a component of global ethics.

Keywords: copy right, related rights, industrial property, global society, social responsibility, sustainable development.

JEL Code: A13, I23, I28, I31

Pages: 218-229 | Full text (PDF)