bluuebunny/crossref_metadata_2025_split huggingface dataset:
KETERAMPILAN MENULIS TEKS EKSPLANASI DENGAN MENGGUNAKAN SCRABBLE PADA SISWA SMP DI KABUPATEN BOGOR
Authors: Widiyarto Sigit , Ati Aster Pujaning , Mulyadi Mulyadi , Yanti Sepni , Restoeningroem Restoeningroem , Widiarto Toto , Sutina Sutina 
Published: November 2022

Penelitian ini bertujuan untuk mendeskripsikan media scrabbled mampu meningkatkan keterampilan menulis teks eksplanasi siswa SMP. Yang kedua untuk menjelaskan proses pembelajaran yang menggunakana media scrabbled. Penelitian ini dilatarbelakangi oleh kurangnya minat dan minimnys kemampuan menulis siswa SMP. Selain itu perlunya guru untuk menggunakan media pembelajaran yang efesien dan tepat bgi par siswa. Metode penelitian yang digunakan adalah metode penelitian tindakan kelas. Responden dari 3 SMP yang ada di kabupaten Bogor. Jumlah responden sebanyak 94 siswa. Hasil peneltiian ini adanya peningkatan nilai pada siklus 2 dan 3. Nilai kenaikan total sebesar 8 poin. Disamping itu siswa lebih percaya diri dan cepat membentuk kalimat –kalimat yang berisikan teks ekplanasi. Proses pembelajaran diawali dengan proses pembukaan, inti dan penutup. Pembelajaran dengan media scrabbled dapat membentuk dari sebuah kata menjadi sebuak alinea yang baik. Bagi para guru dianjurkan dapat mengembangkan media lain yang sejenis atau yang berbeda. Pembelajaran ini memerlukan persiapan yang harus dilakukan seperti menyiapkan media, waktu dan bimbingan yang terarah.
NFT: a private law view through the link with copyright
Authors: Maidanyk Liubov 
Published: November 2022

Keywords: NFT, copyright, virtual assets, nonfungible tokens.
This article is devoted to the study of non-fungible tokens (NFT) as a new tool, which due to its technical features is unique and unrepeatable and has recently been widely used by art collectors. This article attempts to define the legal understanding of nonfungible tokens from the perspective of civil law, as well as copyrights. In order to achieve this goal, the article identifies the main legally important components of theNFT creation process, which not least determine the place in the system of objects of law. This article defines certain approaches to the understanding of virtual (digital) property in relation to the category of crypto-asset (virtual asset) under Ukrainian law, as a result of which the position about the possibility of attributing NFT for certain conditions is substantiated. The position about the possible obligatory nature ofNFT is substantiated. The possibility of obtaining copyright on the work in connection with which NFT is created, as well as the emergence of resale right is analysed.It is concluded that NFT is not a work, and is not the result of acquiring intellectual property rights, but can only certify property rights. NFT can be secured by a property right of claim, for example concerning the transfer of a property, including the original work of art, the image of which is used for such NFT. NFT is not a separate copyright object, as technically, it is only a metadata associated with a digital file — a digital copy of a copyright or related rights object. The use of the copyrighted work on NFT can be lawfully executed only with the permission of the copyright holder. The use of the NFT copyright may be deemed unlawful under certain conditions, which requires separate permission from the copyright holder.
Directions of improvement of efficiency of judicial expertise in cases concerning objects of intellectual property
Authors: Doroshenko Oleksandr , Petrenko Vitalii , Dorozhko Hryhorii 
Published: November 2022

Key words: effectiveness of judicial expertise, expert conclusion, improvement of the legislative framework of judicial expertise, training and retraining of the staff of judicial experts, assessment of the expert's conclusion by the court
The article is devoted to the question of determining directions of increase in effectiveness of judicial examination of violated rights on objects of intellectual property. The essence of the concept "effectiveness of judicial expertise" is revealed, which can be used for the processes of judicial expertise considering the peculiarities of intellectual property objects, and it is emphasized that in legal practice the concept "effectiveness" has no purpose of defining the value of processes and technologies. It is noted that the effectiveness of judicial expertise is determined by the following components: ensuring rational and effective organization of judicial expertise; ensuring the validity, permissibility, reliability, completeness and objectivity of the provided expert opinion; improvement of the regulatory framework; organization of basic training of experts in the field of intellectual property. It is shown that the effectiveness ofjudicial experts in the field of intellectual property directly depends on the quality of special legislation. Thus, special industrial property laws have not solved a number of problems that can be identified only in the process of law enforcement, in particular, during the conduct of judicial and expert research.A well-grounded proposition that the effectiveness of the expert examinations in cases of intellectual property objects can be enhanced by more active involvement of experts in the field of science, technology, art, crafts, etc., who are not qualified judicialexperts. At that, the most effective form of such attraction may be the order of conducting examination of the commission in the composition of the specialist in the relevant industry and the certified expert of the respective specialty.It is also proved that such factors as judges’ workload, their experience, presence of additional training (education), presence or absence of specialization in this kind of judicial activity influence the completeness and comprehensiveness assessment of the litigation proceeding. The hope was expressed that the creation and commencement of the work of the High specialized Court on Intellectual Property issues will have a positive impact on the effectiveness of judicial expertise in this branch.
Problems of patenting inventions created using artificial intelligence: doctrine and practice (р. 1)
Authors: Androshchuk Hennadii 
Published: November 2022

Keywords: intellectual property, artificial intelligence, inventor, software, examination,patent, digital transformation
The dynamics of development of theworld market of artificial intelligence (AI), patent activity in this field, problematic issuesarising in connection with the patenting of inventions created using AI are studied.Aspects of doctrine formation and policy development in the field of intellectualproperty (IP) and AI are considered. Features of examination of patentability of inventionscreated with the use of AI in different jurisdictions (EPO, USA, Germany,China), foreign legislation, doctrinal positions and case law in this field are analyzed.According to the analysis of the Artificial Inventor project, DABUS applications indicatingthe AI system as the inventor, submitted in 17 jurisdictions, were mostly rejectedat the level of IP offices and as a result of court appeals. In general, the applicantfailed to persuade the IP courts and agencies with his arguments, despite differencesin national law and patent systems. The main provisions of the draft law «OnAmendments to the Law of Ukraine «On Protection of Rights to Inventions and UtilityModels» on the regulation of relations arising in relation to inventions and utilitymodels created using artificial intelligence» are considered. It is concluded that theLaw on the Protection of Rights to Inventions and Utility Models excludes computerprograms from patented objects. Their minority is stated in the total number of filedapplications and issued patents. Between 1980 and 2018, only 740 such applicationswere published (1.26% of the total). The rules for compiling, submitting and reviewingan application for an invention (utility model) in Ukraine are outdated and do not reflectaspects of AI. Only a comprehensive approach (changes in legislation and improvementof expertise) will solve this problem.
Relationships between competitiveness levels
Authors: Oleinikova Liudmyla 
Published: November 2022

Keywords: Competitive advantages, competition, interconnection, competitiveness,state, region, technology, products, factors
It was establishedthat the actualization of competitiveness as a category applicable to nationaleconomies took place in the late 80s of the twentieth century, foremost, it was due tothe rapid development of globalization processes, where the dynamics of competitiverelations, the rapid transition from price to non-price competition, the construction ofcompetitive advantages on knowledge and innovation, the inability to record competitiveadvantages for a long time became the basis.It is proved that the main levels of competitiveness are the enterprise, region,country, product, technology. Furthermore, it is determined that the competitivenessof enterprises is associated with the ability of the enterprise to use competitive advantages,strengthen its market position, rationally form, distribute resources, investigatehow to improve activities and competitiveness of the industry is determined bythe efficiency of the group of enterprises, their ability to meet the existing demand inthe market by producing high-quality goods in order to strengthen competitive potential.It is proved that the priority of the analysed approach is the distribution of competitivenessat different levels and the definition of characteristics for each level.
The points of view of scientists on competitiveness, theoretical and methodologicalapproaches to determining the competitiveness, competitiveness of the enterprise, region,and state are analysed, the relationship between the levels of competitiveness isdetermined. The main types and factors of competitiveness in its determination aredistinguished, the levels of innovative development and competition are considered,the influence of the activities of market participants and the timing of achieving competitiveadvantages on it are reflected.
National normative tendencies in the field of biological safety and biological protection
Authors: Seniuta Iryna 
Published: November 2022

Keywords: biological safety, biological protection, antibiotic resistance, draft law ofUkraine «On biological safety and biological protection», common health, biologicalagents
The strategic vectors of development of national legislationin the field of biological safety and biological protection (hereinafter the “BSBP”) throughthe analysis of the legal basis of Ukraine and draft laws are highlighted. Based on theDecision of the Council of the European Union (CFSP) 2019/1296 of 31.07.2019 it is revealedthe problems in the field of BSBP in Ukraine, namely: 1) there is no frameworklaw on BSBP in Ukraine, which would outline the system of the BSBP and its properfunctioning; 2) there are no mechanisms of state control over compliance with the requirementsof biological protection when working with biological agents; 3) there is no registerof business entities that work with harmful biological agents on the territory ofUkraine; 4) business entities that work with dangerous biological agents are not requiredby law to have the appropriate permits (licences); 5) there are no tools to control thereliability of staff and protect confidential information.Based on the draft legislation, the ways of overcoming the outlined issues are defined.The main provisions of the draft Law of Ukraine «On Biological safety and BiologicalProtection», the defining feature of which is the principle of «common health»,which is the foundation of building a system of BSBP in Ukraine is found out. Amongthe key provisions of the draft law: 1) defining the principles of state policy to ensure BSBP; 2) creation of a special body in the field of BSBP — the InterdepartmentalCommission on Biological Safety and Biological Protection; 3) introduction of classificationof biological agents into four risk groups depending on the degree of their individualand social danger, as well as the availability of means of treatment and preventionof infectious diseases caused by them: from the first to the fourth as the dangerincreases; 4) introduction of several control tools: a) notification of the start ofactivities with biological agents; b) inclusion of the business entity that plans to carryout activities on the circulation of biological agents to the State Register of the objectswith increased biological danger; c) licensing the activities of economic entities of thecirculation of biological agents of 2-4 risk groups.The common area for research of safety problem and pharmaceutical activity — thesubject of antibiotic resistance and normative measures to counteract it is analysed.
Intellectual Property as a Part of State Biosafety in Healthcare: disputable issues and identification of key areas of research in wartime
Authors: Kashyntseva Oksana , Iolkin Yaroslav 
Published: November 2022

Keywords: intellectual property, biosafety, biosecurity, healthcare, biotechnology, medicines,TRIPS flexibilities, TRIPS security exceptions
The Decree of the President of Ukraine of December 17, 2021 approved theStrategy of Biosafety and Biological Protection (hereinafter — the Biosafety Strategy),which radically changed the approach to defining the concept of biosafety of the state.Prior to the adoption of the Biosafety Strategy, which was developed in response to thechallenges of the COVID-19 pandemic, biosafety has been considered only as a componentof environmental protection with a focus on limiting the use of genetically modifiedorganisms. Instead, the pandemic of COVID-19 and the war posed new challenges to society,including the necessity to identify and to determine the content of legal institutionsthat can ensure the biosafety of the state in the field of healthcare.Even in the pre-war period, the necessity of relevant scientific research was approvedat the level of the National Academy of Legal Sciences of Ukraine with the determiningof the scientific field “Intellectual Property as a component of biosafety of statesin the field of health care”. The study had been started in January 2022 on thebasis of the Department of Intellectual Property and Human Rights in the Field ofHealthcare of the Intellectual Property Scientific Research of National Academy ofLegal Sciences of Ukraine (hereinafter — the Institute). The leaders of the scientificresearch are the Director of the Institute Dr Oleksandr Doroshenko and the Head ofthe department Dr Oksana Kashyntseva.However, the beginning of the active phase of the war on February 24, 2022 set newchallenges, adding to the challenges of the pandemic the challenges of war. Today, expertsof the Institute are part of the working group to develop a Recovering Plan ofUkraine's from the effects of the war for 2022–2032 particularly in Healthcare System.At the State level, the Intellectual Property possess the proper effective instrument toensure the biosafety.
Protection of the rights of performers in accordance with German law
Authors: Drobiazko Volodymyr 
Published: November 2022

Keywords: rights of the performer, moral rights, rights to use, communication tothe public, the right of the performer to demand payment of remuneration, the validityperiod of the rights to use
The article examines the protection of performers' rights in Germany, introduced by the Act amending copyright regulations of 24 June 1985. The Copyright Act includes Part 2 «Neighboring Rights», section 3 of which deals with the protection of performers' rights, and the law itself is called the «German Copyright and Neighboring Rights Act». The German Law of 10 September 2003 on the regulation of copyright in the information society completely amends §§ 73−83 of the Copyright and Related Rights Act, which governs the protection of performers' rights under the WPPT.The provisions of § 73 «Performer» are extended to the performance of works of folk art. Paragraphs 74−76 are devoted to the protection of moral rights, which were indicated fragmentarily by previous legislation. In the corrected form, moral rightstake precedence over rights of use, which confirms the special adherence of German law to them. Whereas under previous legislation so-called “consent rights” were granted to performers, the updated paragraphs grants the present rights of use:recording, reproduction and distribution, communication to the public, rights of use, the right of the performer to demand payment of remuneration, the sharing of several performances.In Germany, the rights of the organizer of performances are protected. If the performance of the performer is organized by a company, then the rights to use belong, in addition to the performer, also to the owner of the company. According to §83, the provisions of Section 6 «Copyright Restrictions» of Part I «Copyright» of the Copyright and Related Rights Act apply respectively to the restriction of the rights of the performer and the organizer of the performance.The protection of performers in Germany is in accordance with the provisions of the Rome Convention, the WPPT, the relevant EU directives. With further improvement of the protection of the rights of performers in Ukraine, it would be useful to use the experience of Germany regarding the protection of the rights of the organizer of a performance and determining the term for the protection of rights to performances recorded on a phonogram.
Visual works according to the Ukrainain, USA and EU legislation
Authors: Ulitina Olha , Yakusha Yevheniia 
Published: November 2022

Keywords: works of visual art, copyright, intellectual property law, creative industries,objects of copyright
Works of fine art play an important role in many aspects of human life, which makes them one of the most common objects of copyright. However, there is no single approach to the generalizing concept of the definition of such works in Ukraine and the world.Works of visual art are created or used in almost every field that belongs to the creative industries. For some industries, works of fine art are fundamental.
New approaches to the use of images lead to the need to rethink the entire system of copyright protection for visual works. Controversial issues also arise at the intersection of the application of copyright norms and the exercise of human rights.The article is devoted to the issues of legal definition of works of fine art in Ukraine, the USA and the EU. Authors also highlight the role of these works for creative industries. International norms, the USA and the EU legislations are analyzed regarding to the issues of the definition of artistic works. Authors made the research in the legislation of Ukraine regarding the consolidation of the concept of a visual work was carried out. This analysis allowed to develop a number of recommendations to improve the legislation of Ukraine in this area, in particular regarding the use of the concept of visual work. Authors suggest to replace the term «industrial design» as it is fixed in Ukrainian legislation with a term «work of design», which should be protected due to the norms of Ukrainian copyright.In the article, the authors consider the issue of determining the impact of works of fine art on the development of creative industries in Ukraine. Attention is also paid to the issue of the use of visual works during the war in Ukraine.The full-scale invasion of the rf into Ukraine showed how important creativity is for a human, but it also led to the emergence of a large number of copyright violations in this area. This situation shows the need to increase the level of awareness about intellectual property rights among the people of Ukraine.
Commercial names in the pharmaceutical industry
Authors: Chomakhashvili Olena 
Published: November 2022

Keywords: commercial designations, pharmacy, pharmaceutical sphere, acquisitionof rights, trademark
The article focuses on a comprehensive study of the functioning of commercial designations in the pharmaceutical industry. The notion of commercial designations in the system of intellectual property objects is considered, and the ones relevant for the pharmaceutical industry are outlined. The purpose of the article is to outline the legal basis for the regulation of commercial designations in the pharmaceutical field and to determine the specifics of the exercise of rights to such designations.Drug companies in the process of creating the name of a new drug must first remember that the main functions of the trademark (trade name) of the drug is to protect consumers from misleading, as well as to prevent medical workers from making a medical error that carries a significant risk to the life and health of patients.The original name of a medicinal product may receive legal protection as a mark for goods and services (trademark). Such a trademark must meet the requirements of the legislation on the protection of designations. The trademark must not misleadconsumers, be commonly used, must not contradict the principles of humanity and morality. At the same time, in the field of medicines, there are special requirements for their name.
In this case, dishonesty may be manifested both in the actions of the holder of the certificate on the trademark and in the actions of the person who registered the medicinal product. For example, a company that has received a licence to manufactureand/or sell a medicinal product is deprived of the right to manufacture and sell the medicinal product under the name specified in the registration certificate of the drug without the consent of another person holding a certificate for the goods and services.Likewise, It is possible that the manufacturer registers the name of the original medicinal product in the form of a trademark to protect its rights, and the unscrupulous competitor at the same time registers the generic medicinal product and, in order to mislead consumers, gives it a name similar to the trademark-name of the original drug.It is emphasized that the manufacturer must pay special attention to the choice of the name of the drug at the stage of creating the latter, and in order to ensure the uniqueness and originality of the chosen name, the latter can be registered as a trademark. The conclusion about the importance of legal regulation of this sphere, carrying out of information and legal policy is made. The legal relations in the field of pharmaceutical branch for the purpose of revealing of stages where legal regulation of commercial designations is especially important are described.