WAYS OF IMPROVING INSTITUTIONAL FRAMEWORK CONSERVATION OF INDUSTRIAL PROPERTY
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 2, Issue
Abstract
Despite the new political and socio-economic development guidelines of the Ukrainian state, it should be considered that in the place of public administration in the regulation of social relations is one of the most significant. Is no exception and the sphere of management of objects of industrial property, where the bodies of Executive power and their officials are called to provide adequate protection and the protection of subjects of intellectual property rights belonging to objects of industrial property. Normative-legal acts in the field of intellectual property involve the implementation of a mechanism to protect the rights of applicants by reference to the Appellate chamber of the State intellectual property service of Ukraine, as a form of special pre-trial protection of intellectual property, which requires improvement. The purpose of the article is to justify the need for legislative regulation of issues related to the implementation of the law on the protection of industrial property, the Appeals chamber of the State intellectual property service of Ukraine. Specified special administrative procedure for appeal of objection decisions regarding the SIPS acquiring rights to objects of industrial property and applications for recognition of well known mark in Ukraine, designed to protect the rights of applicants. To date, the norms of laws of Ukraine «on protection of rights to inventions and utility models», «on protection of rights to industrial designs» and «on protection of rights to topography of integrated circuits», does not equally protect the rights of third when in the course of examination of the applications for such objects as inventions and utility model, topography of integrated circuits and industrial designs, the legislator, unlike objects such as trademarks and geographical indications, establishes the right of third parties to challenge a decision on the application against the registration rights which to some extent corresponds with the sixth article, «the Right to appeal to the Appeals chamber», Appeals chamber Rules. To improve public relations in the sphere of protection of rights to inventions and utility models, topography of integrated circuits and industrial designs, we propose to amend the provisions of the Laws of Ukraine: «on protection of rights to inventions and utility models»; «on protection of rights to topography of integrated circuits»; «on protection of rights to industrial designs».
Authors and Affiliations
Т. О. Гарбуз
Keywords
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