The current state of regulation of the engineering services market in the world is at the level of constant development and improvement. The formation of a system for concluding contractual relations in the field of engineering services is no exception. The imperfection of the system for concluding the contract for engineering services indicates the weak state of the current management system in the field of innovation and intellectual property in the field of doing business both in a single country and throughout the world, which necessitates revising and improving the principles of concluding contracts in the field of engineering services. The contract for engineering services appeared in the world legislation relatively recently, in science there is still no unity in understanding the nature of this contract, as well as in the terminology used to designate legal relations arising on its basis. There are different, sometimes polar, approaches to the essence, features and elements of the contract for engineering services. In addition, there is still no single mechanism for forming a contract. Given this, an important step towards improving the contract for engineering servicess in civil law will be the formation of a systematic sequence of steps using the IDEF0 functional model. In this regard, the main goal of the article is to form the basic principles of consistency and algorithmization of the process of concluding the contract for engineering servicess on the basis of a functional model IDEF0.
The state of legal regulation of databases according to the national legislation and EU laws is discovered. Pursuant to the national legislation, a database is a separate object of copyright – a complex of compositions, data or any other independent information in a freeform, including electronic, the components selection and disposition of which are available individually and can be found with the use of special searching system on electronic devices (computer) or other means. Since database is a complex of compositions, its application shall be carried out with the abidance of copyright on these compositions as the components of a database. If compositions are used with the copyright infringement, legal protection to a database cannot be provided. The author of a database is its creator – a natural person. In the absence of proof to the contrary, the author of a composition (including databases) is a person, indicated as an author on the origin or copy of the composition (presumption of authorship). Database can be created during performance of the work duties or by the errand of the employer. The proprietary rights on the object of copyright and (or) related rights, which was created in connection with performance of the labour contract, belong mutually to the employee, who created such an object and to a legal or natural person, where or who he is working for, if the opposite is not established by a contract (either a labour contract or a separate civil contract). The procedure of performing the proprietary rights on such a database can be regulated by the corresponding contracts. The provisions of the TRIPS, EU Directive on legal protection of databases are analyzed. It is established that original databases are protected as the objects of copyright with the recognition of the corresponding non-property and proprietary rights of its author. Non-original databases are protected by exclusive rights – sui generis. Exclusive rights are guaranteed to the creator of a database irrespective of the eligibility of that database for the protection by copyright or by other rights. Thereby, the Directive permits the protection of a database not only by copyright, but by the sui generis right as well. Consequently, the sui generis right can be spread on the original database, which is an object of copyright. The legislation of Ukraine does not provide the sui generis right to non-original databases for the present. Corresponding provisions are proposed in the draft «On the Copyright and Related Rights». It is proposed to establish personal non-property rights, to define the contents of a proprietary right of the non-original database creator more accurately, determine possible cases of such databases free usage in educational, studying purposes without the aim of commercial usage.
Fast improvement of the IT field requires relevant safety of intellectual assets rights. The legal protection of laptop applications, software programs and foreign legal practices is a contentious issue. With the rapid development of the IT sector within the international context, the issues of copyright safety, patenting and non-disclosure of personal data have gained urgency. The research methodology involved the use of methods of analysis and synthesis, logical and system - structural analysis, control methods, structural and functional analysis in combination with the method of case study and the method of content analysis. The article comprehensively analyses the modern perspective of intellectual belongings proper and copyright in IT outsourcing. The scope of unconventional challenges in the sphere of copyright safety inside the area of IT sphere are exemplified using the case of Ukraine. The case addresses opportunities to enhance the regulatory framework for copyright safety of experts engaged in IT outsourcing. It is stressed that the existing legal procedures and methods are slower in responding to changes in the field of IT outsourcing than the world's quickest trends in this sphere.
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