Klochko T. Civil-legal regime of medical drugs as objects of intellectual property right

Subject of research: civil relations in the area of origin and realization of intellectual property rights on the objects that accompany the process of medical drugs manufacturing and circulation. Goal of research: formation of theoretical propositions for the development of legal regulation of relations in the sphere of circulation of intellectual property rights objects related to medical drugs as well as property rights on them, on this basis science-based conclusions on improving of law enforcement formation. Research methods: a set of scientific and special-legal methods of research: historical, analytical and synthetic, comparative legal, simulation method, and others. Scientific novelty: differentiation of concept of medical drugs which are the results of creative activity and are object of civil rights, as well as the concept of substances in their composition, process (method), associated with the manufacture or use of a drug or a new use of a known medicinal product or process that are the results of creative activities and can receive legal protection as intellectual property rights objects. Approaches to protecting the of medical drugs names, in particular, as trademarks are proved. Approaches to improving the legal regulation of certain objects of inventions and utility models used in the manufacture of medicines, as well as the rules for the use of inventions and utility models without the patent owner's consent to the production of medicines are delivered. Provisions on systematization of signs of protective legal regime for the registration of information on medicinal products, as well as approaches to the systematization of the protection terms on such information are formulated. Practical importance: results of the study could be served as a basis for further development of scientific thoughts on civil-legal protection of intellectual property rights objects that accompany the creation and circulation of medical drugs, as well as in the preparation of draft laws on the legal protection of medical drugs. Field of application: Materials of research can be used in teaching students of such disciplines as “Civil Law”, “Intellectual Property Rights”, “Medical Law” and others in Higher Education Institutions.