Civil legal aspects of the recodification of intellectual property rights

Abstract

At the present stage those questions are especially relevant that are connected with civil legislation and intellectual property institution recodification. Intellectual property covers all fields of activity, in particular, agro-industrial, chemical, mining and other industries. The article defines that in Ukraine the necessity of civil legislation recodification includes the ridding of all explicit collisions. Also, it includes the implementation of the world’s best experience in civil relations regulation and its stability and in definition of the direction of the further normative and legislative development. The main directions of recodification of the Institute of Intellectual Property as one of the key civil law institutions of Ukraine are identified in the context of the article. The directions of improvement of legal norms, guaranteeing the inviolability of intellectual property rights, providing them with greater juridical security and their further rationalization are also determined in the context of the article.

Consideration of intellectual property law in the context of European Union practice

“…This leads to a significant number of excessive intellectual property rights and effectively reduces the level of protection for honest patent owners. It is also considered that in every scientific discovery, there is a fundamental and applied component, which should be registered as a utility model or invention (Bulat & Pichko, 2020). According to the authors of this research, this is not entirely correct, as sometimes the theoretical component is much more valuable than the applied aspect reflected in the finished product.…”

“…In contrast to the Constitutional Court, consideration of the practise of the Supreme Court is impossible, as this court is not capable of in- Regarding the definition of the concepts of "protection" and "defence" of rights, even scholars have not developed a unified approach to resolving their classification, with some identifying concepts while others include one studied concept in the composition of another. Others emphasise that these are different terms (Bulat & Pichko, 2020;Dobrovolska, 2021). Indeed, the concepts of "defence" and "protection", as well as "legal assistance" and "representation", define the functioning of state bodies, public and other organisations aimed at preventing or overcoming harm, or in another version, one can consider "protection of rights" as a complex of measures aimed at preventing violations of intellectual property rights in various forms, while the term "defence" includes measures aimed at restoring the rights of intellectual property owners (Boshytskyi, 2020).…”