Integrational law and supernational associations
Shugurov M.V. —
Modernization paradigm of EU copyright law in the context of digital economy
// International Law.
– 2019. – ¹ 4.
– P. 1 - 26.
DOI: 10.25136/2644-5514.2019.4.30788 URL: https://en. nbpublish.com/library_read_article.php?id=30788
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The subject of this research is the conceptual grounds of modernization of the EU copyright in the conditions of digitalization of the economy that specify logics of the ongoing reforms in this sphere. The author elaborates on the characteristics of the overall state of misbalance of EU copyright law, as well as the analysis of its technogenic causes. Special attention is turned to the involvedness of reformatory efforts on adaptation of copyrights and related rights into a broader context of the policy of formation of the Digital Single Market within the framework of EU digital agenda. The main conclusion of this research lies in the thesis that the modernization paradigm of EU copyright law represents a synthesis of fundamental approaches, goals and values. Firstly, it suggests finding balance between the protection of rights and interests of the right holders on one hand, and simplifying the user access to the protected content in cross-boundary aspect on the other. Secondly, it vectors towards harmonization of economic growth and cultural development. Thirdly, the modernization of copyright law from the strategic perspective is viewed as a method of defusing social tension between the various groups of interests. The scientific novelty of this work consists in substation of possibilities of the transition of information society to a whole new level based on digitalization of the copyright law.
harmonization, modernization, Single didgital market, digial economy, digital agenda, copyright, European Unioin, intellectual property, content, information society
Julia Reda – EU copyright reform/expansion. Criticism summarized. URL: http://juliareda.eu/eu-copyright-reform/ (data obrashcheniya: 17.05.2019).
Directive 96/9/EC of the European Parliament and the Council of 11 March 1996 on the legal protection of database. URL: http://eur-lex.europa.eu/eli/dir/1996/9/oj (data obrashcheniya: 17.05.2019).
Commission of the European Communities. Commission staff working paper “Digital Internal Market and Services. First Evaluation of Directive 96/9/EC on the Legal Protection of Database” (Brussels, 12 December 2005). URL: http://ec.europa.eu/internal_market/copyright/docs/databases/evaluation_report_en.pdf (data obrashcheniya: 14.07.2019).
Reda J. EU copyright evaluation report (25 February 2015). URL: https://juliareda.eu/copyright-evaluation-report/ (data obrashcheniya: 03.07.2019).
Commission of the European Communities. Commission staff working document “Impact Assessment Reforming Cross-Border Collective Management of Copyright and Related Rights for Legitimate Online Musi
Question at hand
Shinkaretskaya G.G., Rednikova T.V. —
The impact of international organizations with regards to human genome studies upon the legislative development of foreign countries
// International Law.
– 2019. – ¹ 4.
– P. 27 - 34.
DOI: 10.25136/2644-5514.2019.4.30942 URL: https://en. nbpublish.com/library_read_article.php?id=30942
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The subject of this research is the norms of international law regulating the questions of study and modification of human genome, as well as their impact upon the development of national legislation of various countries. The authors analyze the law enforcement practice of the European Court on Human Rights, which arrived at certain decisions considering the provisions of international legal acts in the area of genome research, particularly the Oviedo Convention. The article describes the existing in international community approaches to legal regulation of reproductive human cloning and its potential transformations. Based on the conducted comparative analysis of legal approaches to regulation of genome research on the international level along with their impact upon the formation of national legislation in this field, the authors come to the following conclusions: the international legal acts steer the government towards the formation of legal policy in the area of genome research, and creation of the national normative acts that on one hand do not unduly impede the further advancement of the scientific progress, and on the other would resolve the attendant problems of ethical, legal and social character, as well as adhere to human rights. It is recommended to continue formulating the legal and ethical questions in the field of genome research on the international level, comprehensively assessing the risks and variety of the existing problems.
legal prohibition, risk evaluation, international law, cloning, genome editing, genomic studies, international organizations, human rights, ethics, biomedical technologies
UNESCO International Bioethics Committee. International Declaration on Human Genetic Data, Paris, 2003. 12 p.
Evropeyskaya Komissiya. Nezavisimaya ekspertnaya gruppa. 25 rekomendatsiy po etike, yuridicheskim i sotsial'nym posledstviyam geneticheskogo testirovaniya. Lyuksemburg: Otdel ofitsial'nykh publikatsiy Evropeyskogo soobshchestva, 2004. 26 s.
Proposed International Guidelines on Ethical issues in Medical Genetics and Genetic Services. Report of WHO Meeting on Ethical Issues in Medical Genetics. Geneva, 15–16 December 1997. World Health Organization. Human Genetics Programme. 15 p.
Council of Europe. Additional protocol to the Convention on human rights and biomedicine concerning biomedical researches. Strasbourg, 2005. 14 p.
Mikhaylov A.E. Razvitie biomeditsiny: novye vozmozhnosti i riski v ponimanii chelovecheskoy prirody // Vestnik Vyatskogo gosudarstvennogo universiteta. 2009. ¹ 2-1. S. 24-30.
Karavaeva E.I., Kravtsov R.V. Biomeditsinskie tekhnologii: voprosy pravovogo regulirovaniya i otvetstvennosti // Sibirski