Bulat Ye.A. To the issue of improving some aspects of legal protection of intellectual property in Ukraine

Details
Parent Category: Geo-Technical Mechanics, 2019
Category: Geo-Technical Mechanics, 2019, № 144

Geoteh. meh. 2019, 144, 47-52

https://doi.org/10.15407/geotm2019.144.047

To the issue of improving some aspects of legal protection of intellectual property in Ukraine

1Bulat Ye.A.

1Prydniprovsk Scientific Center of NAS of Ukraine and Ministry of Education and Science of Ukraine

UDC 347.77.030

Language: Ukrainian

Abstract.

Modern science has such features as chaos, clips, contradictions of judgments, transition from linear to non-linear thinking, etc.; all this contributes to the creation of such forms of organization of the scientific society, which, on the one hand, are able to counteract destructive impulses, and on the other hand, streamline scientific knowledge and preserve the fundamentals of basic science. In this context, it is the scientific discoveries that serve as milestones by which modern scientific knowledge is guided.

At the same time, the scientific discoveries themselves in modern society need protection, in their recognition by the state as a special form of intellectual property. This is caused, first of all, by the fact that the recognition of these scientific discoveries in society de facto does not save them from falsification, depersonalization and the substitution of concepts; it is necessary to recognize them de jure, which in a legislative sense would give them a social and cultural significance.

In the article new approach of improving the legal protection of intellectual property is defined. Statistics of intellectual property protection in Ukraine and other foreign countries is presented.

The purpose, which requires urgent solution, is the necessity to further improvement the legal protection of the intellectual and creative activity, received in the scientific and technological spheres in order to commercialize them and involve them in the innovation process is determined.

Improvement of the legal protection of intellectual property objects and commercialization of the results of intellectual activity as an integral part of innovation development are important issues in the field of intellectual property.

One of the leading factors, which today impedes the improvement of the legal protection of intellectual property, is the lack of a unified approach to the protection of the relevant intellectual property objects.

The necessity to distribute appropriate legal protection to such intellectual objects as, for example, business methods, rationalization proposals, scientific discoveries, as well as other objects of creative activity that contain patentable parts is substantiated. Since almost any of these intellectual property objects has a patentable part containing parts of unprotected decisions, it is proposed to highlight from the practical part of each of them a patentable part that is subject to legal protection. This approach will allow to improve and to raise the level of legal protection of intellectual property in Ukraine.

Keywords:

legal protection, intellectual property, business methods, authors of discoveries

References:

  1.     1.  “Agreement on Association between Ukraine and the European Union”, available at: http://www.kmu.gov.ua/control/uk/publish/article?art_id=248387631.
  2.     1.  “Final report of the independent European audit of the national system of research and innovation of Ukraine”, available at: http://h2020.com.ua/wp-content/uploads/2017/03/KI-AX-16-008-UK-N-Transl.pdf.
  3.     2.  Kazakov, V.V. “Organizational and financial mechanism for the formation and implementation of the innovation policy of economic capital systems”, available at: http://sun.tsu.ru/mminfo/000063105/363/image/363-157.pdf.
  4.     3.  Pisarenko, T.V., Kvasha, T.K. et al. (2018), Stan innovatsiynoyi diyalʹnosti ta diyalʹnosti u sferi transferu tekhnolohiy v Ukrayini u 2017 rotsi: analitychna dovidka [Status of innovation activities and activities in the field of technology transfer in Ukraine in 2017: analytical reference], UkrINTEI, Kyiv, Ukraine.
  5.     4.  Alfyorova, T.M., Berestova, I.E., Bulat, Ye.A. et al. (2013), Tsyvilne pravo Ukrayiny (Zahalna chastyna) [Civil Law of Ukraine (General Part)], High-Tech Press, Kyiv, Ukraine.
  6.     5.  “Convention establishing the World Intellectual Property Organization”, available at: http://zakon2.rada.gov.ua/laws/show/995_169.
  7.     6.  Tsyvilnyi kodeks Ukrainy [The Civil Code of Ukraine] (2003), Shkola, Kyiv, Ukraine.

About the authors:

Bulat Yevheniya Anatoliyivna, Doctor of Judicial Sciences (D. Sc.), Senior Researcher, Prydniprovsk Scientific Center of NAS of Ukraine and Ministry of Education and Science of Ukraine, Dnipro, Ukraine