Нематеріальні активи в епоху штучного інтелекту

Dominance in the market gives businesses many advantages, enabling them to change business dynamics and influence customer choices. This dominance, while used improperly, can damage clients via way of means of stifling competition and innovation. The distinct rights that intellectual property rights deliver authors and inventors over their works, on the alternative hand, lead them to critical equipment for selling innovation. Abuse of dominance and Intellectual Property rights are associated while dominant corporations make the most of their intellectual property rights to stifle competition. This article attempts to examines the feasible reasons of the subject matter, which includes inflated licensing charges, unwarranted litigation, and patent hold-up tactics. The interplay among abuse of dominance with intellectual property rights (IPR) marks a pivotal factor withinside the improvement of competition law. This article captures the essence of this complicated connection and affords a window into its complicated dynamics. It further attempts to emphasise the critical factor of convergence among those fields: the sensitive stability among selling innovation and retaining marketplace opposition receives disenchanted while dominant groups use their intellectual property rights to impede competition. Such abuse of IPR might also additionally take many unique forms, from extortionate licensing charges to pointless court cases meant to save your competition from coming into the marketplace. Case studies that function an examples from across the globe provide important insights into the rational consequences of intellectual property rights violations. The difficulties in finding the appropriate stability are demonstrated by notable instances such as the legal actions related to Qualcomm's SEP and Microsoft's antitrust actions in the EU. Emerging technologies in the virtual age, like as biotechnology and artificial intelligence, raises new concerns about supremacy and intellectual property rights. One example of an increasing burden in 5G technology is Standard-essential patents (SEPs). Using well-known case studies and international regulatory reactions, this article also attempts to provide a brief discussion of the issues and headaches associated with the abuse of dominance within the framework of intellectual property rights. Strict regulatory scrutiny is necessary to prevent dominant marketplace contributors from engaging in anti-competitive behaviour. The conflict between preventing anti-competitive behaviour and promoting innovation through intellectual property rights safety is a fundamental dilemma. Finding a balance between the two needs is essential if one is to sell innovation and keep markets competitive. In this regard, the author attempts to highlight how crucial it is to handle the junction between rights to intellectual property and abuse of dominance in an appropriate manner. It draws attention to the necessity of prudent legislation that preserves innovative incentives while maintaining sincere competition. In order to fully utilize intellectual property rights for the goodness of society, it is imperative to achieve this delicate balance. In a global economic system that is rapidly changing, legislators, lawyers, corporations, and students must all comprehend and navigate the intricate relationship between abuse of power and intellectual property rights. This article lays the groundwork for additional investigation and debate in the article by offering a concise yet comprehensive synopsis of the key traits and problems in this intricate field.

The Colour of Copyright

The article is devoted to the content of the concepts "intellectual property" and "right of intellectual property", as well as to the possibility to use them as equivalent concepts. The author considers the features of a broad understanding of the intellectual property concept, in which it is revealed as a complex set of social relations arising at all levels of public life. According to this approach intellectual relations are only one type of the varieties of intellectual property relations, the totality of which only occasionally acts as the subject of legal regulation. Taking into account the above facts, the difference between the meaning of the concepts "intellectual property" (in the sense of this concept as a social relation) and "intellectual property right" is reflected in the content of the structural elements of the relations that denote these concepts: 1) Subjects of intellectual property rights are determined on the basis of compliance with certain legal requirements regarding legal personality, as well as the acquisition of subjective legal rights and obligations, which are provided to them by legal norms (by using their legal personality); the subjects of intellectual property become participants of social relations of different levels, including those, which are outside the legal regulation. Such interactions may be related to realization of creative abilities of a person, mental activity, etc.; 2) In the centre of understanding of the concept "object of intellectual property rights" is the content of intellectual property rights as a totality of personal non-property and property rights. The defining aspect of legal protection is the right to the created object of intellectual property rights. At the same time the object of intellectual property is a value in socio-philosophical sense that satisfies the social, economic, cultural, mental and other needs and interests of people. In this sense, an object by its nature is a blessing for a person; 3) Social connections between the subjects of intellectual relations are revealed through corresponding rights and obligations of the participants of these relations; in the relations of intellectual property social relations manifest themselves as interaction between people in different spheres of social life, based on the corresponding social statuses and roles, in which individuals carry out creative activity, realize their mental and cultural needs, etc. Understanding the concept "intellectual property" as identical with the concept “intellectual property right” is based on a normative approach. This approach shows that the concepts of “intellectual property” and “intellectual property right” have the same sense in the legislation and can denote both objects of intellectual property right and rights to such objects.

While information technologies present organizations with opportunities to become more competitive, unsettled social norms and lagging legislation guiding the use of these technologies present organizations and individuals with ethical dilemmas. This paper presents two studies investigating the relationship between intellectual property and privacy attitudes, Machiavellianism and Ethical Ideology, and working in R&D and computer literacy in the form of programming experience. In Study 1, Machiavellians believed it was more acceptable to ignore the intellectual property and privacy rights of others. Programmers and R&D workers considered violating intellectual property rights more acceptable. Programmers did not consider violating privacy rights more acceptable, but R&D workers did. Finally, there was an interaction between Machiavellianism, programming and R&D. Machiavellians who also had programming experience or worked in R&D found violations of intellectual property much more acceptable. The effect of Machiavellianism on attitudes toward violations of privacy was enhanced by working in R&D, but not by programming experience. In Study 2, idealists believed it was less acceptable to ignore the intellectual property and privacy rights of others. Relativists found it more acceptable to violate intellectual property rights, though they did not consider it more acceptable to violate privacy rights. Those with programming experience were more accepting of intellectual property rights violations, but not of privacy violations. Finally, programming experience moderated the relationship between idealism, relativism and attitudes toward these unethical information practices. Implications for diminishing unethical behavior among Machiavellians, Relativists, programmers and those in R&D are discussed.

From a legal perspective, analyze the connotation and logical relationship of intellectual property rights in Emei martial arts, point out the Legal dilemma in protecting Emei martial arts intellectual property rights, and then propose solu-tions to the problems. The study believes that the intellectual property rights of Emei martial arts refer to the intellectual property rights based on the intellec-tual achievements and commercial logos of Emei martial arts. The legal dilemma in the protection of intellectual property rights in Emei martial arts mainly manifests as follows: the identity of the rights subject of intellectual property rights in Emei martial arts and the intangible cultural heritage of Emei martial arts is the root cause of the conflict between public and private interests; to some extent, the sports nature of the intellectual property rights of Emei martial arts has influenced the legal recognition of this part of Emei martial arts intel-lectual property rights in the academic community; the inadequacy of the legal system is the fundamental reason why the intellectual property rights of Emei martial arts are difficult to obtain comprehensive protection. Based on this, the study proposes that technological innovation is a logical prerequisite for the protection of intellectual property rights in Emei martial arts. It can be achieved by extracting the classic techniques of Emei martial arts, constructing repre-sentative martial arts routines, and creating Emei martial arts competition pro-jects; The improvement of the legal system is the legal foundation for the pro-tection of intellectual property rights in Emei martial arts. In this process, it is necessary to particularly strengthen the important position and role of the Sports Law in the protection of intellectual property rights in Emei martial arts, and improve the basic position and auxiliary function of relevant intellectual property laws in the protection of intellectual property rights in Emei martial arts; The enrichment of theory is a powerful argument for the protection of in-tellectual property rights in Emei martial arts. Strengthening theory must be combined with the characteristics of sports, in order to build a solid legal foun-dation for the protection of the object of rights. In addition, the protection of intellectual property rights in Emei martial arts should focus on benefits, which requires balancing public and private interests and promoting the realization of public welfare through private rights protection

Intellectual property rights are legal rights that protect intellectual assets, which hold signifi cant value for individuals and even greater importance for the economy and society as a whole. Liability insurance against the infringement of intellectual property (IP) rights is becoming increasingly relevant as a mechanism for managing unforeseen risks arising from third-party proprietary claims and from unauthorized use of intellectual property rights. This paper fi rst examines the nature and scope of various intellectual property rights, alongside the advantages of liability insurance in cases of infringement of such rights. It then explores what may constitute the subject-matter of insurance coverage, based on the nature of intellectual property rights, general insurance principles, and contractual frameworks. The aim is to distinguish this specifi c type of liability insurance within the broader context of IP protection. Finally, the paper examines the scope of insurance coverage in relation to specifi c costs incurred when the insured appears as a defendant in legal proceedings, as well as when the insured takes actions to protect and enforce their intellectual property rights.

The article is devoted to the study of the general provisions of intellectual property law in Ukraine. The article notes that the importance of protecting property rights in the intellectual sphere has been growing rapidly in recent decades. A theoretical and practical understanding of the nature of intellectual property rights was carried out based on the analysis of current legislation and available scientific, methodical and journalistic materials. The list of laws that regulate activities in the field of intellectual property, both at the national and international level, is given. It is interesting to note that in Ukraine there are quite a lot of special legislative acts regulating the above activities. Attention is focused on the adaptation of Ukrainian legislation to the legal system of the European Union. International legal acts regulating the protection of intellectual property rights are given. Scientific and regulatory approaches to defining the concept of intellectual property rights are considered. It is established that this concept can be considered in two ways: objective and subjective. In an objective sense, in the legal literature, intellectual property law is considered as a system of legal norms that regulates homogeneous social relations in the field of intellectual property. In a subjective sense, the right of intellectual property is considered as personal property and non-property rights of natural persons, which according to the current legislation belong to the authors for the results of intellectual activity. Special attention is paid to the interpretation of the concepts of property and non-property intellectual property rights. Property intellectual property is the author's rights to the results obtained from his creative activity, similar to the property rights of those who create material objects with their labor (devices, devices, mechanisms, new information technologies, etc.). Non-property intellectual property rights are a set of moral, mental, rational, intellectual and other human rights, which by their nature cannot be alienated from the owner. A comparative analysis was made between intellectual property law and property law in general, and their relationship was also analyzed.

The digital age, marked by the rapid development of artificial intelligence (AI), presents us with new challenges, especially in the field of intellectual property protection. AI creates both new opportunities for creativity and innovation, and unprecedented risks of copyright infringement, patent protection violations, and other forms of intellectual property infringement. The main objective of this research is a comprehensive analysis of legal mechanisms for protecting intellectual property rights in the context of rapid AI development, focusing on the Kazakhstani legal system and comparative analysis of international experience. The scientific significance of this work lies in the in depth analysis of a current and insufficiently studied problem – the protection of intellectual property rights in the context of AI. The research will contribute to the development of theoretical understanding of the legal regulation of intellectual property in the digital environment. The research employed a comprehensive approach, combining the analysis of legal acts with comparative and doctrinal analysis. A complete investigation revealed some problems in the legislation, namely, the absence of fundamental concepts related to AI. According to the authors, it is necessary to delve deeper into international practice, particularly that of the USA, examining both its legislation and case law. The practical significance of the work lies in the development of specific recommendations for lawmakers, law enforcement officials, and business representatives on improving the legal framework and law enforcement practices in Kazakhstan. The research results will help reduce the risks of intellectual property infringement, stimulate innovation, and create a more favorable environment for the development of the AI industry in the country.

Artificial intelligence (AI) has come to stay. The use of AI has helped human society greatly. At the same time, it has posed several concerns or issues. One of the issues concerns intellectual property rights (IPR). There has been a debate about whether IPR should be given to AI. Countries like Australia and South Africa have granted IPR in favor of AI. At the same time, countries such as the United States have not recognized IPR in favor of AI. Many countries firmly believe that human intervention is required to grant an IPR. Be it copyright, patent, etc., human intervention is a condition precedent.On the other hand, the countries in favor of granting IPR to AI believe in AI as a person capable of creating literary work or innovation and are convinced to grant AI with IPR. Before we recognize IPR in favor of AI, we have to grant the person’s status to AI. This paper aims to understand various issues related to identifying or non-recognizing IPR to AI.

ARTIFICIAL INTELLIGENCE AND INTELLECTUAL PROPERTY RIGHTS: LEGAL AND ETHICAL IMPLICATIONS Nilisha Gupta, B.A L.L.B 3rd year 6th Semester at GLA University, Mathura (India) Shweta Singh, B.Com L.L.B 3rd year 6th Semester at GLA University, Mathura (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.46 Artificial Intelligence (AI) is transforming the landscape of Intellectual Property Rights (IPR), raising fundamental questions regarding Artificial Intelligence (AI) is transforming the landscape of Intellectual Property Rights (IPR), raising fundamental questions regarding ownership, inventorship, and the adequacy of existing legal frameworks. Intellectual property rights have traditionally been designed to protect human creativity and innovation, ensuring economic benefits and incentivizing further research and development.

The global nutraceuticals industry is a dynamic and rapidly evolving sector with diverse products, each offering numerous health benefits that significantly impact behaviours and market trends. The evaluation of patents within this industry reveals the dual nature of intellectual property rights as both a tool for fostering innovation and a potential barrier. However, with this growing recognition of these nutraceutical products face the challenges of ensuring product integrity, particularly in addressing issues such as adulteration and substandard quality. Key aspects include its market potential, nutraceutical company challenges, adulteration, intellectual property rights, and identification techniques that will ensure public access to safe and effective products. In addressing the core relationships between intellectual property rights, regulations, and safe and effective products this paper identifies several critical pathways for advancing industry practices like strengthening regulatory oversight, encouraging innovation through intellectual property rights, promoting ethical practices investing in research and development, and enhancing international collaboration. Also, it focuses on fostering a regulatory environment that promotes innovation and accessibility to its stakeholders who can ensure that nutraceutical products contribute meaningfully to public health objectives. There are several parameters like high-cost research and development, complex regulatory landscapes, consumer skepticism, and technologies like artificial intelligence and machine learning to streamline product development and help tailor strategies to address its specific needs. The insights of collaboration and innovation among international organizations are crucial to improving global health and well-being positively by shaping the future of the nutraceutical sector. Therefore, by addressing these collaboration relationships between governments, industry stakeholders, researchers, and civil society. Also, it is necessary to address the core relationship between intellectual property rights, regulation, and promotion of safe and effective nutraceutical products in this rapidly evolving industry.

The article examines the advantages and risks of using the negotiation procedure forpublic procurement of goods, works, and services that include objects of intellectual propertyrights. An analysis of Ukrainian and EU legislation regarding public procurementthat includes objects of intellectual property law was carried out. The practice of conductingpublic procurement in Ukraine under the negotiated procedure in cases where there isa need to protect intellectual property rights is considered. It was concluded that there aredifficulties in understanding and, accordingly, in the practice of applying the provisions ofthe legislation regarding the application of the negotiation procedure for public procurementof goods, works, and services that include objects of intellectual property rights. Imperfectlegislation on public procurement with regard to objects of intellectual propertyrights leads to unfair competition in the form of rights abuse. It is proposed to specify inthe legislation of Ukraine the cases in which the negotiation procedure can be applied tothe public procurement regarding objects of intellectual property rights and to identifyspecific objects of intellectual property rights in relation to which such a procedure can potentiallybe applied. Proposed proposals for supplementing the Law of Ukraine «On PublicProcurement» with the provision of Directive 2014/24/EU that the negotiation procedurefor public procurement related to objects of intellectual property rights is used in exceptionalcases when there is no reasonable alternative or replacement, and the lack of competitionis not the result of artificially narrowing procurement parameters. It was alsoproposed to clarify the provisions of Paragraph 5, Clause 2, Part 2 of Article 40 of the Lawof Ukraine «On Public Procurement» regarding the application of the negotiation procedurefor public procurement that include to objects of intellectual property rights as follows:«if the subject of public procurement is goods, works, or services containing objects ofintellectual property rights» in order to better understand it.

This study comprehensively analyses the legal and regulatory frameworks governing intellectual property rights (IPRs) in Sri Lanka, with a particular focus on the Sri Lankan Intellectual Property Act, No. 36 of 2003. This Act is the primary legislation governing the acquisition, management and enforcement of intellectual property. The analysis elucidates the foundational elements of this Act, including its alignment with international conventions such as the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Previous studies identify several critical deficiencies within the current legal landscape, especially when compared to the more dynamic intellectual property regimes of developed nations. These shortcomings encompass challenges in enforcement, ambiguities in patentability standards, and an urgent need for adaptation to address the complexities introduced by emerging technologies, notably artificial intelligence-generated content. The discussion underscores that the Act, while robust for its time, faces increasing pressure to evolve to remain effective in a rapidly changing global technological environment. This study proposes necessary amendments and strategic adjustments to enhance the safeguarding of intellectual property rights against infringement and intellectual theft, ensuring Sri Lanka's framework remains relevant and equitable in the digital era.

The purpose of this study was to examine the mechanisms for regulating and protecting intellectual property rights in the context of the production of personal protective equipment in the context of a threat to national security. To this end, the study analysed Ukrainian legislation and international regulations governing intellectual property rights, particularly those of manufacturers of personal protective equipment. Thus, in the context of a threat to national security, the intellectual property rights of Ukrainian manufacturers of personal protective equipment were found to be crucial due to the military conflict and the need to protect both the population and the armed forces. The state must guarantee access to vital technologies while respecting the rights of producers, which makes the issue of intellectual property particularly relevant considering the growing demand for the latest developments in the personal protective equipment sector. Cooperation with international partners in the field of technology and intellectual property protection can help develop national production of personal protective equipment and reduce dependence on imported supplies. Government agencies should focus on developing policies that promote the protection of intellectual property rights and provide mechanisms to support manufacturers in critical situations. Raising awareness of producers about their rights and opportunities to protect intellectual property is a crucial step in strengthening their market position. It is essential to strike a balance between the protection of intellectual property rights and the needs of society in the context of a threat to national security. Governments should consider temporary relaxation of rights in times of crisis to ensure overall security

본 연구를 위한 모형으로 선행연구를 통하여 연구모형과 가설을 설정하였다. 이론적 고찰과 실증적 연구를 통하여 문화콘텐츠의 요소인 지적재산권·애니메이션·출판이 신뢰 및 국가브랜드에 미치는 영향의 관계를 인과관계분석으로 결과를 도출하고 시사점을 제시하였다. H1: 지적재산권은 애니메이션에 긍정적(+)영향을 미칠 것이다. 분석의 결과에 의하면 일반소비자들은 지적재산권과 애니메이션의 관련성에 소극적 관점을 보이고 있다. H2: 지적재산권은 신뢰에 긍정적(+)영향을 미칠 것이다. 분석의 결과에 의하면 일반소비자들은 지적재산권과 신뢰의 관련성에 소극적 관점을 보이고 있다. H3: 지적재산권은 출판에 긍정적(+)영향을 미칠 것이다. 분석의 결과에 의하면 일반소비자들은 지적재산권과 출판의 관련성에 적극적 입장을 보이고 있다. H4: 애니메이션은 신뢰에 긍정적(+)영향을 미칠 것이다. 분석의 결과에 의하면 일반소비자들은 애니메이션과 신뢰의 관련성에 적극적 입장을 보이고 있다. H5: 출판은 신뢰에 긍정적(+)영향을 미칠 것이다. 분석의 결과에 의하면 일반소비자들은 출판과 신뢰의 관련성에 적극적 관점을 보이고 있다. H6: 신뢰는 국가브랜드에 긍정적(+)영향을 미칠 것이다. 분석의 결과에 의하면 일반소비자들은 신뢰와 국가브랜드의 관련성에 적극적 관점을 보이고 있다. 매개효과의 분석에 있어서는 애니메이션→신뢰→국가브랜드에서 신뢰의 매개역할은 매개의 효과가 강한 것으로 조사되었다. 지적재산권→신뢰→국가브랜드에서는 신뢰의 매개역할이 매개의 효과가 약한 것으로 조사되었다. 출판→신뢰→국가브랜드에서는 신뢰의 매개역할이 매개의 효과가 강한 것으로 조사되었다. 시사점으로 지적재산권, 애니메이션, 출판의 콘텐츠를 잘 연구 개발하여 국가 이익의 향상과 국가 브랜드의 위상제고 및 국가신뢰의 향상에 기여하기를 바란다.A research model which is a model for this study and hypotheses were determined through advance research. The study conducted theoretical reviews and practical research to analyze causal relationships of how these elements of cultural contents which would include intellectual property rights, animation and publication would affect trust and national brand. The study consequently extracted results and offered suggestions. H1: Intellectual property rights will have positive (+) effects on animation. The analysis findings have revealed that regular consumers are only passively interested in connections of intellectual property rights to animation. H2: Intellectual property rights will work positively (+) on trust. According to the analysis, regular consumers are only a little interested in how intellectual property rights would be related to trust. H3: Intellectual property rights will positively (+) affect publication. The study has confirmed from the results of the analysis that regular consumers actively show an interest in relations to intellectual property rights with publication. H4: Animation will have positive (+) effects on trust. The analysis has reported that regular consumers take a positive position on how animation would work on trust. H5: Publication will positively (+) influence trust. Based on what has been analyzed, regular consumers have positive ideas and opinions on relations of publication with trust. H6: Trust will have positive (+) influences on a national brand. The study has found out that from the analysis regular consumers present positive views on how trust would be connected to a national brand. In the analysis on mediating effects, when it comes to mediating roles of trust in relation to animation → trust → national brand, the study learned that mediating effects make undeniable contributions. As for mediating roles of trust related to intellectual property rights → trust → national brand, the study has not observed any impressive mediating effects. In terms of mediating roles of trust in publication → trust → national brand, mediating effects turned out to be influential. As for suggestions, the study argues that research and development on contents of intellectual property rights, animation and publication should be satisfactorily carried out which would eventually lead to improvement in national interests, a status of the national brand and national trust.