Chomakhashvili O. Administrative and legal control over protection of rights to industrial designs in Ukraine

The thesis is a scientific research which contains the analysis of problematic issues of the mechanism of control over protection of rights to industrial designs in Ukraine. The thesis is dedicated to analysis of administrative and legal control over protection of rights on industrial designs in Ukraine. The author has analyzed the history of development of the institution of protection of rights to industrial designs within the legislation and legal doctrine. The notion and specific features of protection of rights to industrial designs as an object of the administrative and legal control have been defined. The foreign experience of protection of rights to industrial designs has been analyzed, and prerequisites and conditions of its application in Ukraine have been formulated. The structure of the state system of legal protection of rights to industrial designs been analyzed and clarified; the circle of subjects of administrative and legal control in the field of protection of rights to industrial designs has been determined; the description of methods and forms of management in the field of protection of rights to industrial designs has been offered; directions for improvement of the mechanism of administrative and legal control over protection of rights to industrial designs has been selected; legal responsibility for the breach of rights to industrial designs has been described. The elements of the mechanism of administrative and legal control over protection of rights to industrial designs has been examined, which involved a detailed research of every one of them, with the aim of improving them. Main prospects for the development of administrative and legal control in the field of protection of rights to industrial designs in Ukraine (theoretical and practical aspects) at the present stage have been highlighted. The legislation of the European Union has been analyzed with the purpose of harmonizing the domestic legislation in the field of protection of rights to industrial designs. The author of the thesis has proposed direction for enhancement of the efficiency of the administrative and legal control through improvement of norms of the effective legislation and management mechanism. A number of propositions with regard to introduction of modifications and amendments into the effective legislation, specifically, into the Code of Ukraine on administrative offenses, Laws of Ukraine "On protection of rights to industrial designs in Ukraine", "On copyright and related rights", "On protection against unfair competition" have been formulated.