bluuebunny/crossref_metadata_2025_split huggingface dataset:
The concept and meaning of the principles of civil procedural law in martial law
Authors: Shtefan Olena 
Published: November 2022

Keywords: principles of civil procedural law, principles of civil procedure, martial law
The article reveals the meaning of the concept of principles of civilprocedural law, its relationship with other related concepts, in particular, with the conceptof «principles of civil procedure», defining the limits of their application. The conclusionis substantiated that the purpose and tasks of civil proceedings reveal the essence ofthe principles of civil procedural law. The essence of the principles of civil procedural lawis revealed through their features. Different approaches in the science of civil procedurallaw to determine their characteristics are analysed.The definition of the principles of civil procedural law is formulated, which are thebasic ideas, fundamental principles of the tasks and objectives of civil justice, enshrinedin the rules of civil procedural law, which reflect the specifics of the subject and methodof legal regulation of civil procedural law relations and are in a dialectical relationshipand interdependence with other elements of the mechanism of legal regulation.The functional purpose of the principles of civil procedural law is directly related tothe impact on legislative activity, becoming its guideline. On the other hand, externalfactors can influence the principles themselves and the mechanisms for their implementation.The peculiarities of the implementation of some procedural actions in martiallaw, which are reflected in the draft Law of Ukraine «On Amendments to the Code of AdministrativeProcedure of Ukraine, the Civil Procedure Code of Ukraine and the CommercialProcedural Code of Ukraine (concerning the conduct of proceedings under martiallaw or state of emergency)» № 7316 and related to the implementation of the principleof openness of civil proceedings. The peculiarities of court summonses andnotifications for the period of martial law or state of emergency are revealed, the author'sopinion on the proposed mechanism of realization of the principles of openness of civilproceedings, equality and justice, legal certainty is stated. He substantiated the conclusionthat the legislator did not consider the system of principles of civil justice to ensureaccess to martial law, and some provisions of the law contradict the principles of opennessand several constitutional principles such as equality and justice, legal certainty.
Trademark registration in the European Union
Authors: Kovalenko Tetiana 
Published: November 2022

Keywords: trademark, EU Regulation, EU trademark, European Union, Europeansystem of trademark protection
The developmentof economic integration of European countries has created the need to create asingle system of legal protection of trademarks, as it should contribute to the formationof a common market, the conditions of which are the possibility of competitionand free movement of goods and services in European countries. One of the legal instrumentsto meet these conditions is the trademark, which must be used in the EuropeanUnion. The creation of a common economic space in Europe has contradicted thenational laws of each of the member states of the European Union. Therefore, there isa need to create a single European system of trademark protection.According to the EU Regulation, one of the main functions of an EU trademark isto guarantee the origin of goods and services sold or provided to consumers under thattrademark. The EU trademark is unitary. As it is registered for all member states ofthe European Union through a single procedure, it acquires rights only if it is acceptedin all member states of the European Union. An EU trademark is acquired onlythrough registration, not use.
The EU regulation provides for the free movement of goods and services betweenmember states. Accordingly, the owner of an EU trademark cannot object to the use ofsuch a registered trademark in the European Union. Moreover, the EU regulation definesnot only the registration criteria, but also the examination procedure, includingthe possibility of objections to registration made by third parties, and the procedurefor filing claims for infringement of trademark rights.Either party may appeal the decision on the objection to the Board of Appeal ofthe European Union Intellectual Property Office. Thereafter, any issue can be appealedto the Court of Justice of the European Union, which can only annul orchange the decision.Once the EU trademark application has been published, the pre-emption holderhas three months to file an objection. Obtaining an EU trademark is essential for asuccessful brand protection strategy. Since its inception, the EU trademark systemhas become one of the most important tools available to both legal entities and individualswho want to effectively protect their trademark rights in Europe.
Fintech startups in Ukraine in the context of digital economy development
Authors: Muzyka-Stefanchuk Oksana 
Published: November 2022

Keywords: finance, bank, virtual bank, digital economy, Fintech, startup, account,financial institution
The article deals with the particular problems of today'sdigital economy. Particular attention is paid to the development of Fintech startupsin Ukraine. The foreign experience of creating and implementing Fintech startups isanalysed. The reasons for the failure of Fintech projects in Ukraine and other countriesare considered.
Features of the innovative domestic mobile banking project Monobank (since2017), which was launched in partnership with the Fintech Band, are considered. Theshortcomings of Monobank are analysed, including the following: customers who donot have smartphones cannot use the product; Monobank does not have its own terminalsand ATMs to top up the card and withdraw cash. It uses iBox services and resourcesof other banks; not everyone can get a credit limit.Historical examples of the creation of «virtual» banks are studied. The first one isSecurity First Network Bank (SFNB) appeared in the United States in 1995, and inGermany in 1996, it was called Advance Bank. The emergence of virtual banks laterbecame a prerequisite for the creation of online banking (e-banking), which allows aperson to manage their bank accounts.It is proved that the era of electronic financial services requires the creation of conditionsto prevent fraud and abuse, and to this end should increase the level of financialliteracy of the population. There are prerequisites for further development of fintechin Ukraine. In this context, the USAID Financial Sector Transformation Projectof the National Bank of Ukraine (NBU) and the Independent Association of Banks ofUkraine (IABU) is analysed.The activity of innovation park in Ukraine in the field of fintech industryUNIT.City is considered.Special attention is paid to mobile applications with augmented reality.The typical problems faced by developers of fintech startups are analysed. Theseare, in particular, the following reasons for the loss of projects: the Ukrainian marketfor investment is not so big; not enough resources for successful work in this market;market regulation issues etc.
Principles of legal protection of intellectual property in the conditions of martial law in Ukraine
Authors: Kodynets Anatolii 
Published: November 2022

Keywords: intellectual property, normative regulation, martial law, results of intellectualactivity, legislation
Intellectual property is the basis of the developmentof the modern economy of every state, and the realization of the individual'sright to the free development of his personality, which is expressed in the embodimentof the uniqueness of the inner world in the results of creativity, is a fundamental,basic human right. Ensuring freedom of creativity and reliably guaranteeingand protecting the rights to the results of intellectual and creative activity is one ofthe fundamental tasks of the state.The Constitution of Ukraine recognizes and guarantees freedom of literary, artistic,scientific and technical creativity, protection of intellectual property, copyright, moraland material interests arising in connection with various types of intellectual activity.The designation dictates the need to create a modern system of normative regulation ofrelations in the sphere of protection of the results of intellectual, creative activity, whichwould ensure reliable protection of the rights of their subjects, recognition of creative resultsand their protection from offences.Over the past few years, thorough work has been carried out to update special legislationin the field of intellectual property, to consolidate European approaches to the regulationof relations for the protection of the results of creative activity, and significant infrastructuralchanges have been made in this direction.The introduction of martial law on the territory of Ukraine suspended theseprocesses. At the same time, in these difficult conditions, problems arose in the implementationand protection of the rights of subjects in the field of intellectual property,the result of which was the adoption of the Law of Ukraine on April 1, 2022 «On theProtection of the Interests of Individuals in the Field of Intellectual Property duringthe Martial Law Introduced in connection with the armed aggression of the RussianFederation against Ukraine».The article is devoted to the consideration of changes in the normative and legal arrayof the regulation of intellectual property relations under the conditions of martial law inUkraine. Within the scope of the research subject, the changes in the legislation in thefield of intellectual property under the conditions of the introduction of martial law areemphasized, the positive features are analysed and certain shortcomings of such changesare noted, and ways to solve them are proposed.
Methodological principles of the new paradigm of the development of the theory of national intellectual security
Authors: Butnik-Siverskyi Oleksandr 
Published: November 2022

Keywords: methodology of construction and operation, paradigms of developmentof intellectual security, signs of a new paradigm of development of the theory of intellectualsecurity, state innovation policy
The article examines the theory and methodology of the construction and functioning of the nationalsecurity system based on the principles of property rights of intellectual property, which are in the field of constant scientific discussions, since a holistic scientific approach to the solution of the specified problem has not been formed.The article substantiates the methodology of the new paradigm for the development of the theory of intellectual security according to five relevant features: the first feature refers to the unity with the means of achieving the paradigm based on innovative development, taking into account the formation and development of intellectual security as a special component of the state security of Ukraine, the effectiveness of its implementation and the expected positive consequences; to the second — unity with the means of achieving the paradigm with the methodology of scientific research, the disclosure of the inner nature of intellectual capital through the prism of systemic-structural and axiological approaches, which absorbs the methodology of research; to the third — the creation of a single legal field with the means of achieving a paradigm in a complex that unites the state security of Ukraine, national interests and national security in relation to its integral elements; to the fourth — diversity ofinfluences, directions of manifestation and effectiveness according to the target purpose, when the innovative-intellectual sphere of activity organically penetrates and combines with the elements of national security and the national system of intellectual property according to the principle of diffusion of innovations and acts as an intellectual catalyst taking into account the peculiarities of the strategy and the implementation of intellectual property rights ownership of the effectiveness of the national security system and its elements at the appropriate stage of development; to the fifth — the formation and implementation of the national security strategy in relation to its integral elements as a complex and multi-stage process that combines the formation of a strategy to support the economic, scientific-technological and investment security of the state and the management of intellectual property rights.
Some peculiarities of legal protection of trademarks in EU countries in the context of European integration processes in Ukraine
Authors: Myronenko Nataliia 
Published: November 2022

Keywords: trademark, EU countries, territorial marks, national brands, trademark protection
The article notes that Ukraine's further preparation for EU membership involves the completion of a comprehensive transformation of all spheres. One of the vectors of such a transformation concerns trademarks as a necessary element of the free exchange of goods and services. Legal protection of trademarks in EU countries covers three levels: international,regional and national. It is noted that the formation of European standards for the protection and protection of trademarks in the EU was determined by the processes of globalization and integration. The legal model for the regulation of TM relations at the regional level contributed to the convergence of the national legislation of the EU countries.Instead, there are numerous provisions of a dispositive nature, according to which EU countries individually decide on the issue of their reflection in national legislation, which does not create contradictions, but gives peculiarities to the legal regime of TMprotection in each specific country. The article reveals some of these features. Attention is drawn to the possibility of registration of warranty and certification marks as TM, which was implemented by Germany, Italy, and France. The identical approach of the EU countries to the registration of «Sound” trademarks — in the form of an audio file — has been revealed. Based on judicial practice, the weaknesses of the registration of a smell as a trademark in the form of a graphic description are considered. Designations that cannot be registered as trademarks and features of registration as such of portraits of people and personal names are defined. The requirements for applicants when registering trademarks and the legal consequences of not using trademarks are determined, as well as the role of using a trademark in overcoming the refusal of registration. The article reveals the meaning and purpose of the «opposition period» and the specifics of its application in individual countries, using the example of Poland, Italy, France, and Germany. Special attention is paid to the protection of territorial brands, national brands and their correlation with well-known brands.
Accounting features of intellectual property rights in museums
Authors: Borko Yuliia 
Published: November 2022

Keywords: objects of intellectual property rights, museum objects, accounting, financial and accounting policy, museum, license agreement
Attitude to cultural values, their transmission to future generations, effective use in public life promotes self-identification of the nation, has a socially significant function of maintaining stability and sustainable social and economic development, is anindicator of the level of development, spiritual maturity of its citizens. The modern development of Ukrainian society is aimed at educating people with a humanistic worldview, characterized by openness to social and cultural change, dialogue. Public interest in the formation of creative personality, reassessment of values contribute to increasing attention to the cultural heritage of the past, which is stored in museum exhibitions, collections.Accounting of the museum fund (museum collection) determines the affiliation of each item to one or another part of the museum funds: the main fund of museum items or the fund of research aids, as well as museum collection items received as objects of intellectual property rights.Legislatively correct assignment of museum objects to the appropriate group of objects of copyright and related rights will allow in the future to correctly calculate and pay royalties and other remuneration for the use of such objects in the economic activities of museums.Objects of intellectual property rights for their registration must be completed and certified by relevant documents (patent, certificate, licence, etc.) in the manner prescribed by current legislation of Ukraine.The reflection of the introduction into economic circulation, use, accounting and disposal of certain acquired (created) objects of intellectual property rights as part of intangible assets, is in compliance with current legislation of Ukraine.It should be noted that objects of copyright and related rights that contribute to the cultural development of the state can be of significant economic importance both for the authors who created them and for the museum or the state.
The high court for intellectual property as an element of the judicial system in Ukraine. CONTRA SENTENTIAM
Authors: Glotov Sergiy 
Published: November 2022

Keywords: intellectual property law, Higher IP Court, judicial system, legal position,fact in issue
Based on the analysis of the provisions of the Law of Ukraine «On Judicial System and Status of Judges», provisionsof procedural codes, as well as international practices, the author expresses doubts about the expediency of existence in the judicial system of Ukraine of a Higher Intellectual Property Court as a separate judicial institution. The identified proceduraland organizational flaws point to the untenability of the position that introducing such a specialized court into the judicial system would increase the effectiveness of intellectual property protection in Ukraine.There is every reason to assert that the Ukrainian state policy in the matter of the specialized court for this field tends towards ending up with something like a patent court. However, considering the qualification of the candidates for the domestic IPcourt and the first results of the competition, most likely Ukraine is going to end up with a High Court for Intellectual Property Matters composed of regular judges.In view of that, the decision to establish a specialized court for intellectual property matters as a separate element of the judicial system appears to be quite questionable, as it defeats the purpose of its creation. And this means, at the very least, budget wasted on the maintenance of an entire judicial institution.It is also absolutely unclear how the judges of the specialized court will be able to improve the quality of justice in the field of intellectual property law, as they will be effectively unable to bring law enforcement to a new level due to being burdened bythe already existing legal positions of the Supreme Court.The purpose of the article is to demonstrate the importance of the problems that are to be expected as a result of functioning of the Higher IP Court, and to propose an alternative way of ensuring the effectiveness of the protection of exclusive rights.
A prospective multicenter study on varicella-zoster virus infection in children with acute lymphoblastic leukemia
Authors: Xiao Peifang , Cai Jiaoyang , Gao Ju , Gao Wei , Guan Xianmin , Leung Alex Wing Kwan , He Yiying , Zhuang Yong , Chu Jinhua , Zhai Xiaowen , Qi Benquan , Liu Aiguo , Yang Liangchun , Zhu Jiashi , Li Zheng , Tian Xin , Xue Yao , Hao Li , Wu Xuedong , Zhou Fen , Wang Lingzhen , Tang Jingyan , Shen Shuhong , Hu Shaoyan 
Published: November 2022

Background and methodsThe study evaluated prognostic factors associated with varicella-zoster virus (VZV) infection and mortality in children with acute lymphoblastic leukemia (ALL) using data from the multicenter Chinese Children’s Cancer Group ALL-2015 trial.ResultsIn total, 7,640 patients were recruited, and 138 cases of VZV infection were identified. The incidence of VZV infection was higher in patients aged ≥ 10 years (22.5%) and in patients with the E2A/PBX1 fusion gene (11.6%) compared to those aged &lt; 10 years (13.25%, P = 0.003) or with other fusion genes (4.9%, P = 0.001). Of the 10 deaths in children with ALL and VZV infection, 4 resulted from VZV complications. The differences between groups in the 5-year overall survival, event-free survival, cumulative recurrence, and death in remission were not statistically significant. The proportion of complex infection was higher in children with a history of exposure to someone with VZV infection (17.9% vs. 3.6%, P = 0.022).ConclusionVZV exposure was associated with an increased incidence of complex VZV infection and contributed to VZV-associated death in children with ALL.
Microcirculation function assessment in acute myocardial infarction: A systematic review of microcirculatory resistance indices
Authors: Silva Marta , Paiva Luis , Teixeira Rogério , Ferreira Maria João , Gonçalves Lino 
Published: November 2022

BackgroundUp to 50% of acute myocardial infarction (MI) patients present with microvascular dysfunction, after a successful percutaneous coronary intervention (PCI), which leads to worse clinical outcomes. The main purpose of this study is to provide a critical appraisal of the emerging role of invasive microvascular resistance indices in the MI setting, using the index of microcirculatory resistance (IMR), hyperemic microvascular resistance (HMR) and zero-flow pressure (Pzf).MethodsWe systematically explored relevant studies in the context of MI that correlated microcirculation resistance indices with microvascular dysfunction on cardiac magnetic resonance (CMR), microvascular dysfunction occurring in infarct related arteries (IRA) and non-IRA and its relation to clinical outcomes.ResultsThe microcirculation resistance indices correlated significantly with microvascular obstruction (MVO) and infarct size (IS) on CMR. Although HMR and Pzf seem to have better diagnostic accuracy for MVO and IS, IMR has more validation data. Although, both IMR and HMR were independent predictors of adverse cardiovascular events, HMR has no validated cut-off value and data is limited to small observational studies. The presence of microvascular dysfunction in non-IRA does not impact prognosis.ConclusionMicrovascular resistance indices are valuable means to evaluate microcirculation function following MI. Microvascular dysfunction relates to the extent of myocardial damage and clinical outcomes after MI.Systematic review registration[https://www.crd.york.ac.uk/prospero/display_record.php?ID=CRD42021228432], identifier [CRD42021228432].