Syrota D. Improvement of the Ukrainian legislation on neighboring rights to the level of the main universal international treaties on neighboring rights.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0404U004729

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

14-12-2004

Specialized Academic Board

Д 26.001.10

Taras Shevchenko National University of Kyiv

Essay

The main purpose of the dissertation is research of the entire system of the neighboring rights protection both on national and international levels, as well as developing proposals regarding improvement of the effective legislation of Ukraine on neighboring rights to the level of the main universal international treaties existing in this sphere. The author performs in-depth research of the current international protection of neighboring rights, including its fundamental treaties, namely: the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations; the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms; the WIPO Performances and Phonograms Treaty; TRIPS Agreement and, also, the EU Directives on neighboring rights. Having analyzed the current international protection of neighboring rights and its fundamental treaties the author performs thorough analysis of the respective legislation of Ukraine, and outlines the latter's main conflicts with said treaties. Based on the results of the research, the author develops the measures to be taken to eliminate these conflicts, and bring the Ukrainian legislation in line with the international standards existing in the sphere of neighboring rights, including the standards of the TRIPS Agreement and EU law.

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