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Legal Provision of Intellectual Property
Major: Information and Communication Systems
Code of subject: 6.126.01.O.047
Credits: 4.00
Department: International and Criminal Law Department
Lecturer: Nataliya Dmitrivna Slotvinska, associate professor of the CPP department
Semester: 8 семестр
Mode of study: денна
Завдання: The study of an educational discipline involves the formation of competences in students of education:
General competences:
ability to abstract thinking, analysis and synthesis;
ability to apply knowledge in practical situations;
the ability to learn and master modern knowledge.
Special (professional) competences:
knowledge and understanding of the peculiarities of the implementation and application of substantive and procedural law norms;
the ability to competently interpret and apply normative legal acts and relevant provisions in the field of intellectual property;
the ability to give qualified conclusions and proposals for the settlement of disputed issues related to certain objects of intellectual property law;
the ability to conduct a discussion on problematic issues of the implementation of intellectual property rights.
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Бічні панелі
Learning outcomes: As a result of studying the academic discipline, the student must be able to demonstrate the following learning outcomes:
know:
at the conceptual level - the main trends in the development of intellectual property, methodological concepts and doctrinal approaches to understanding intellectual property;
at the fundamental level – the nature of legal relations in the field of intellectual property implementation;
at the practical-creative level – actions in resolving controversial situations related to intellectual property rights; variations in the development of agreements on the transfer of rights for the use of intellectual property rights; normative and legal basis for the justification of the position in courts and state authorities when drawing up procedural and other documents.
As a result of studying the academic discipline, the student should be able to demonstrate the following learning outcomes:
1. correctly define the types, objects and subjects of intellectual property rights;
2. to ensure the legal registration of the relevant rights;
3. to interpret and apply normative legal acts, judicial practice in order to make well-founded decisions in disputed relations that arise in the process of using intellectual property, and its protection
Required prior and related subjects: .
Summary of the subject: The knowledge obtained during the study of the educational discipline "Legal protection of intellectual property" contributes to the formation of students' systematic knowledge of the system of intellectual property and, in particular, industrial property in inventive and patent-licensing activities, methodological foundations of the creation of objects of industrial property and engineering psychology, international cooperation in the field of intellectual property, protection of patent rights, copyright and related rights, as well as the patent information system.
This course provides theoretical and practical mastery of the ability to apply regulatory and legal acts in practice while ensuring legal protection of scientific and technical achievements and creative products, to conduct patent research in a certain field of technology and to issue an application for an invention or other object of industrial property, an application for subject of copyright, in particular to computer programs and databases, commercial secret documents, to use patent information and documentation in the course of scientific research, design and engineering, project-technological developments with the aim of creating competitive products.
A distinctive feature of this course is that students must gain work experience in the preparation of application materials for an object of intellectual property rights (invention, utility model, industrial design, mark for goods and services, works of science, literature and art, etc.)
Опис: SUBJECT 1. GENERAL PROVISIONS ON INTELLECTUAL PROPERTY.
Historical development of intellectual property. The concept of intellectual property rights. Principles of intellectual property law. The role of intellectual property in the information society.
TOPIC 2. FUNDAMENTALS OF LEGAL REGULATION IN THE SPHERE OF INTELLECTUAL PROPERTY.
National legislation on intellectual property. International legislation on intellectual property. State system of intellectual property.
TOPIC 3. SUBJECTS OF INTELLECTUAL PROPERTY RIGHTS.
Subjects of intellectual property law. Creator. The author as a subject of intellectual property rights. Definition of authorship. The concept of co-authorship and its types. Personal non-property and property rights of the author: concepts, signs and types. Protection of the author's rights. Owners of intellectual property rights. Acquisition of ownership rights and their protection. The legal position of employers as subjects of intellectual property law. Succession and inheritance of intellectual property rights. The state as the owner of intellectual property rights. Free users of intellectual property rights. Intellectual property rights to the object created in connection with the performance of the employment contract. Intellectual property rights to an object created to order. Use of the object of intellectual property rights. Transfer of intellectual property rights. Implementation of the right of intellectual property, which belongs to several persons.
SUBJECT 4. OBJECTS OF COPYRIGHT AND RELATED RIGHTS.
Copyright and related rights: general characteristics. Legal nature of copyright, features of state protection. Performances, phonograms and videograms, broadcasting organizations and other objects of related rights. Peculiarities of legal regulations and legal relations related to their use
SUBJECT 5. INDUSTRIAL PROPERTY OBJECTS.
Peculiarities of legal regulation of inventions. Peculiarities of legal regulation of useful models. Peculiarities of legal regulation of industrial designs.
TOPIC 6. PROTECTION AND PROTECTION OF INTELLECTUAL PROPERTY RIGHTS.
Violation of intellectual property rights and its consequences. Concept of legal protection of intellectual property. Forms of protection of intellectual property rights. Protection of intellectual property rights by the court. Subjects of application for protection of intellectual property. Procedural guarantees of protection of intellectual property rights. Judicial practice of protection of intellectual property rights.
Execution of decisions in cases of infringement of intellectual property rights. Extrajudicial forms of protection of intellectual property rights.
TOPIC 7. THE PRACTICE OF THE EU COURT AND THE EUROPEAN NETWORK OF INTELLECTUAL PROPERTY.
Practice of the EU Court in cases related to violations of IPR rights. International registration of IPR rights
Assessment methods and criteria: Forms and methods of education. Under the conditions of using interactive technologies, classes are conducted in active and creative forms. Problem and overview lectures, "active" seminars with elements of "business game", trainings, classes using the computer and communication component.
Preference for productive methods: problem presentation, partially research and research methods, presentations, case studies, trainings and business games, conversations and discussions, work in the emergency department, "electronic lectures", seminars, remote consultations - aimed at activating and stimulating educational and cognitive student activities.
The main markers of the organization of the educational process in the educational discipline are the formation of competences, development of competences, verification and/or evaluation of the achievement of competences, correction of basic competences, combined, interactive, integrated classes (classes "discussion group", classes with training of some students by others), class format "press conferences", business games, forums, briefings, quests, etc.
Teaching methods are used for the formation of skills and abilities: verbal/verbal (lecture, explanation, story, conversation); visual (observation, illustration, demonstration); practical (conducting an experiment, practices); explanatory-illustrative or information-receptive (presupposes presentation of ready-made information by the teacher and its assimilation by students); reproductive, which is based on the performance of various tasks according to the model; problem statement method; partially search or heuristic; research
Methods of knowledge diagnostics, which determine the level of achievement of the planned cognitive results from the educational discipline "Criminal Process", endowed with transparent evaluation criteria, provide objective current and final control.
During control measures, a system of objective assessment of knowledge, skills and abilities is applied, in particular, with the use of innovative technical means and interactive platforms. Test tasks from the educational discipline "Legal enforcement of intellectual property" - for intermediate and final control of students' knowledge, are components of the educational and methodological complex, included in the packages of qualification tasks from the discipline.
The means of knowledge diagnostics (study success, qualitative and quantitative indicators) are: preliminary, current and final control of students' knowledge.
Preliminary control is a diagnosis of the input level of knowledge, which makes it possible to determine the existing level of knowledge of students at the beginning of studying a discipline or at the beginning of studying a specific topic. A form of preliminary control is input control of knowledge. It is held at the first seminar session in order to assess the residual knowledge of students obtained during the study of prerequisite disciplines (cycle of disciplines at previous levels of education). Preliminary control in the form of verification and evaluation of residual knowledge is also carried out after some time at the beginning of the next seminar class. Input control of knowledge is carried out in the form of written work on the definition of certain concepts, categories or procedural and legal phenomena. The evaluation of the input control of students' knowledge is included in the evaluation for a seminar or practical session.
Current control of knowledge is an organic part of the entire educational process and serves as a means of identifying the degree of perception (assimilation) of educational material from the discipline. Assessment of students' knowledge based on current control data is carried out by monitoring work activity during the study of the program material of the discipline, including answers to seminar classes, preparation of reports, messages and analytical materials, etc. The current control is carried out in order to find out the readiness of students for classes in the following forms: a frontal standardized oral survey of students on the main issues of the discourse; frontal verification of the performance of individual tasks; challenging individual students to independently solve practical tasks or situations (case studies); blitz - survey, which is either a survey of all present students or a selective survey of a part of those present.
Independent and individual scientific research work of students involves a purposeful search for effective methods of studying the discipline, a conscious attitude and consistency in work, the ability to use the available special literature and regulatory framework, and plan one's own scientific research work.
The student's independent work is work on a certain list of topics (tasks) assigned to independent study, provided with educational and methodological literature (NMK, educational and methodological manuals) and recommendations, controlled in the form of test tasks, control papers, colloquiums, abstracts, reports.
Критерії оцінювання результатів навчання: According to the "Regulations on the rating assessment of the achievements of students of the Lviv Polytechnic National University":
The final control of the students' level of knowledge is a differentiated assessment, the results are accumulated (summed up) and are equivalent to the total number of points for all types of current student work during the semester provided by the work program of the academic discipline, on a 100-point scale.
Порядок та критерії виставляння балів та оцінок: 100–88 points – (“excellent”) is awarded for a high level of knowledge (some inaccuracies are allowed) of the educational material of the component contained in the main and additional recommended literary sources, the ability to analyze the phenomena being studied in their interrelationship and development, clearly, succinctly, logically, consistently answer the questions, the ability to apply theoretical provisions when solving practical problems; 87–71 points – (“good”) is awarded for a generally correct understanding of the educational material of the component, including calculations, reasoned answers to the questions posed, which, however, contain certain (insignificant) shortcomings, for the ability to apply theoretical provisions when solving practical tasks; 70 – 50 points – (“satisfactory”) awarded for weak knowledge of the component’s educational material, inaccurate or poorly reasoned answers, with a violation of the sequence of presentation, for weak application of theoretical provisions when solving practical problems; 49-26 points - ("not certified" with the possibility of retaking the semester control) is awarded for ignorance of a significant part of the educational material of the component, significant errors in answering questions, inability to apply theoretical provisions when solving practical problems; 25-00 points - ("unsatisfactory" with mandatory re-study) is awarded for ignorance of a significant part of the educational material of the component, significant errors in answering questions, inability to navigate when solving practical problems, ignorance of the main fundamental provisions.
Recommended books: 1. Moskalyuk, L.V. Kuzmych. Intellectual property rights. Practicum: Education. manual. Ternopil, 2017, 200 p.
2. Intellectual property law: textbook: / edited by O.I. Kharitonov. K.: Yurinkom Inter, 2019. 540 p. .
3. Popova L.M. Intellectual property: A study guide for students of all forms of education. Part 1. Kharkiv: Khnuba, 2012. 67 p.
4. Popova L.M. Intellectual property: A study guide for students of all forms of education. Part 2. Kharkiv: Khnuba, 2012. 72 p.
5. V. O. Semkiv, R. S. Shandra. Intellectual property: a textbook for students of non-law faculties / V. O. Semkiv, R. S. Shandra. Lviv: Halytskyi printer, 2015. 280 p.
6. Shuba I.V. Intellectual property: Synopsis of lectures for students of all forms of education. Electronic edition. Kharkiv: NTU "KhPI", 2021. 96 p
Уніфікований додаток: Lviv Polytechnic National University ensures the realization of the right of persons with disabilities to obtain higher education. Inclusive educational services are provided by the Service of accessibility to learning opportunities "Without restrictions", the purpose of which is to provide permanent individual support for the educational process of students with disabilities and chronic diseases. An important tool for the implementation of the inclusive educational policy at the University is the Program for improving the qualifications of scientific and pedagogical workers and educational and support staff in the field of social inclusion and inclusive education. Contact at:
St. Karpinsky, 2/4, 1st floor, room 112
E-mail: nolimits@lpnu.ua
Websites: https://lpnu.ua/nolimits https://lpnu.ua/integration
Академічна доброчесність: The policy regarding the academic integrity of the participants of the educational process is formed on the basis of compliance with the principles of academic integrity, taking into account the norms "Regulations on academic integrity at the Lviv Polytechnic National University" (approved by the academic council of the university on June 20, 2017, protocol No. 35).