Трансформація Національних Економіко-Правових Процесів На Основі Патентної Охорони Біотехнологічних Винаходів

Abstract

The peculiarities of patent protection of biotechnological inventions have been investigated as a factor of transformation of national economic and legal processes. It has been established that the conditions for obtaining of a patent for biotechnological inventions differ from the conditions of patenting in other spheres, since all biotechnology inventions directly or indirectly are the product of nature. It has been determined that the issue of the conformity of such inventions with the patentability conditions is a key issue when providing the intellectual property (IP) rights for biotechnological inventions. The invention in the field of biotechnology meets the requirements of patentability, provided that it is new, has an inventive level and is industrially suitable. It has been substantiated that the same standards of patenting of inventions in the field of biotechnology can not be applied in different legal systems, therefore corresponding decisions should be made on the basis of the national law. It has been established that the increase of applications submitted in Ukraine for biotechnology inventions during 2013-2017 has been ensured due to the inventive activity of foreign applicants. It has been also determined that the absence of special legislative regulation of relations related to biotechnology constrains the development of the biotechnological industry in Ukraine. The key role of the state system of legal protection of IP has been proved, since the introduction of effective IP management mechanisms and integrated support for innovators are one of the main factors of the determination of the possibility of affirmation in the global IP system.