S. Belous-Sergeeva, L. Sorokina. Industrial property law.

Abstract

This article deals with the basic concepts relating to industrial property, the role and level of its development in Ukraine, comparative characteristics with developed countries, legal relations and approaches, which includes the right of industrial property. The problem of law, which regards inventions, useful models and industrial patterns, exists not only in our state but also abroad, beginning from the middle of the last century until today. A number of things are listed including legal documents (both domestic and international conventions), which regulates relations in the field of industrial property, and their hierarchy. The article also describes the role of the state in regulating of activities related to intellectual property, tasks and powers of the State Department. The paper studies the influence of international documents on the development and protection of industrial property rights at all stages of its creation and acceptance both at the national and international levels. The purposes of patenting, the procedure and terms for granting patents, the time of its operation in Ukraine and in some other countries are also explored. The author examines the patent criteria, namely patentability, novelty, inventive level, industrial applicability, and explores what is meant by these terms. The study provides the list of patent documents which are necessary to accept an invention, an industrial pattern or utility model. The author analyzed three types of patent grant systems which exist today, such as a secret, testing and deferred system, prevalence in different countries, as well as their advantages and disadvantages; contest procedure of each type of existing systems. It is shown the connection of legal protection of industrial property and economic development of the state.