Dzis S. Problems of the copyright in the area of the modern computer technologies.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0404U004731

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 thesis is devoted to revision of the pressing theoretical and practical problems in the sphere of protection of the authors' rights to the software tools. The researcher studied three main systems and relating legal mechanisms of copyright protection. The work evaluates the most crucial advantages and deficiencies of the copyright in the area of the mordern computer technologies. Subject to this, in the thesis the conceptions and theories proposed at the age of forming the whole specialized sphere were studied. Special emphasis was made at efficiency, e.g. implementation of the substantive norms in practice. Starting from the achieved results, the author states that the modern systems of protection based on the copyright and author's rights theories are not able both to provide sufficient protection and entitle other participator to respective legal relation to use the advantages of digital technologies. Regarding to this the researcher believes that the necessity to create the independent legal institute for regulation of the market of computer technologies has became crucial. As proposed in the thesis the main principals of the author's law and copyright should be the basis of said institute. However, the principles of other legal institutes and even branches are advised to be implemented herein in order to both protect the interest of authors, intermediaries and users.

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