LEGAL REGULATION OF INTELLECTUAL PROPERTY PROTECTION IN THE TERRITORY OF ZAKARPATTIA IN 1918–1938

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LEGAL REGULATION OF INTELLECTUAL PROPERTY PROTECTION IN THE TERRITORY OF ZAKARPATTIA IN 1918–1938

Journal Title: «Приватне та публічне право» - Year 2017, Vol 3, Issue

Abstract

The article analyzes the legal regulation of the intellectual property field in the Zacarpathian region in 1918–1938. It was ascertained that during this historical period, Zacarpathia was part of Czechoslovakia, and therefore the Czechoslovak law was in force in Zacarpathia. On the basis of the normative base, and certain theoretical developments, a number of legislative steps by the Czechoslovak authorities in the process of forming a system of legal protection of intellectual property are shown. It has been clarified that the legislation of Czechoslovakia in the field of intellectual property, in contrast to neighboring countries, in particular Poland, was formed on the basis of preliminary legal experience. A positive step in the formation of legislation in the field of industrial property was the entry of Zacarpathia into an international system of protection of intellectual property. Czechoslovakia joined the Paris Convention for the Protection of Intellectual Property in 1919 and the Madrid Agreement on International Registration of Trademarks, after which the founding of the Patent Office and the Patent Court became one of the first steps. The author in general terms, discloses the process of formation of the patent office of Czechoslovakia. It was established that the main direction of the activities of the patent office in the initial period of its existence was the work on consideration of applications filed during the Austro-Hungarian Empire. Also, work was carried out in the direction of raising the professional level of the employees of the Patent Office of Czechoslovakia. In addition to patent scientists and clerks, the patent department employed a whole category of persons with higher legal education and appropriate knowledge in the field of intellectual property. Also, attention is drawn to the stability in the personnel policy of the patent office, which for many years was headed by Alois Nimitz. Note that work in the field of legislation was carried out centrally, from above, and all document circulation was concentrated in Prague. The author emphasizes the persistence of legal traditions in the field of intellectual property in Czechoslovakia in general and in Zacarpathia in particular. Also, the article shows changes in the sphere of regulation of copyright relations that took place in connection with the updating of the legislation in 1926. On the basis of the regulatory framework, the creation of a collegiate management of copyrights institute, which was formed on the basis of creative unions, is shown. It was established that after the adoption of the new legislation, responsibility for the violation of copyright was strengthened, penalties were increased and certain criminal offenses were foreseen. Also, the jurisdiction of cases and peculiarities of prosecution were determined by certain categories of persons, in particular, military personnel. Attention is also drawn to the fact that the Czechoslovakia and the Soviet Union, in which intellectual property law was based on the principles of public ownership, has also exerted a certain influence on the formation of a normative framework in the field of intellectual property.

Authors and Affiliations

В. А. Іващенко

Keywords

Zacarpathia legislation copyright industrial property patent office legal liability

EP ID EP444426
DOI -
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