Grounds and methods of systematization of legislation of Ukraine in the field of intellectual property
| Autor: | Koval Iryna |
|---|---|
| Rok vydání: | 2022 |
| Předmět: | |
| Zdroj: | Theory and Practice of Intellectual Property. :109-114 |
| ISSN: | 2519-2744 2308-0361 |
| DOI: | 10.33731/52022.270914 |
| Popis: | Keywords: intellectual property law; systematization of legislation, codification,copyright, industrial property law The article is sanctified to research of the modern state of the legislative regulation of intellectual property relationsin Ukraine and the ways of its improvement in the direction of systematizingthe relevant legislation. Scientific approaches to determining the place of intellectualproperty law in the legal system of Ukraine are considered. It is shown that now in Ukraine there is a unique model of legislative regulation of these relations, which includes 3 levels: the Civil Code of Ukraine, the Economic Code of Ukraine,special laws regulating the protection of rights to inventions, utility models, industrialdesigns, trademarks, and other objects. Such division of legislative acts isbased on different volume and subject of regulation of legislative acts. As a resultof undertaken a study and considering foreign experience two alternative ways ofcodification of legislation are certain in the field of intellectual property: withinthe limits of operating the Civil code of Ukraine and Economic code of Ukraineallow for the differentiation of the subjects of its regulation, or in the direction ofindividual codifications of copyright and industrial property law as institutions intellectualproperty law. It is substantiated that the second way has significant advantagesover the unified (general) settlement of relations in the field of spiritualand scientific and technical creativity, since it takes into consideration the essentialspecifics of these two components of intellectual property law, which is due tothe difference in the subjects of their regulation. Guidelines for choosing the appropriatedirection of codification are proposed. |
| Databáze: | OpenAIRE |
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