Kadietova O. Association Agreement between Ukraine and the European Union in the sources` system of intellectual property law: civil law aspect.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U001915

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

27-06-2018

Specialized Academic Board

Д 20.149.01

Private higher educational institution King Danylo University

Essay

The thesis is devoted to the resolving of the complex legal issue of defining the place of the Association Agreement between Ukraine and the European Union in the sources of the intellectual property law in civil law aspect. The general overview of the civil law sources in the sphere of intellectual property regulation is provided. The analysis of the theoretical legal approaches and the civil doctrine interpretation of such notions as source and form of law is given. The current state of the statutory regulation of the Intellectual property law ` sphere, influence of the public relations in this sphere of two leveled model of the statutory regulation including Civil code of Ukraine and special statutes in this sphere are analyzed. The legal relations in the sphere of intellectual property are being analyzed as a priority sphere of adaptation of the European standards. For this purpose, the European legal doctrine and the approaches of the European legislators to the development of the intellectual property law are being analyzed. It is stated that the intellectual property law should be treated as the priority sphere of the adaptation of the Ukrainian law to the EU law. The reform of the intellectual property law sphere is analyzed through the prism of the European law doctrine of the intellectual property. The influence of the European law in its dynamic development on the further development of the national law in the sphere of research is defined. It is proven that western and European basic civilization values are implemented in the national intellectual property law. The peculiarities of harmonization, unification, implementation and adaptation of the law called to regulate the private law relations are being shown. The peculiarities of the realization of the norms of the Association agreement in the part of the harmonization in the sphere of the intellectual property protection are being analyzed. It is underlined that the mentioned harmonization requires the implementation of the relevant amendments to the Civil code of Ukraine and to the special laws in the sphere of intellectual property, implementation of the relevant institutional and legal mechanisms, the undertake of certain actions on both international and national levels, first of all in the process of the law realization.

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