Kovalchuk M. Legal safeguard and protection of geographical indications in Ukraine, France and Italy (comparative legal aspect).

The thesis is an individual and completed work devoted to the system and ground analysis of peculiarities of civil and legal safeguards and protection of geographical indications under the law of Ukraine, France and Italy in comparative legal aspect. Doctrinal and legislative approaches to the interpretation of the notion of a geographical indication have been presented in the dissertation, terminology in the sphere of legal protection of geographical indications in the EU and certain other EU member-states has been investigated; general characteristics of legislative sources on legal protection of geographical indications in Ukraine, France and Italy have been provided; the specificity of objects of the intellectual property right to geographical indications in Ukraine, France and Italy as well as subjective composition of such relations has been clarified. There have also been found and revealed distinguishing features of emergence and termination of the right to the use of a geographical indication under the law of Ukraine, France and Italy; particularities of intellectual property right protection according to the law of Ukraine, France and Italy have been defined and problematic issues in the sphere of protection and safeguarding of the rights to geographical indications in judicial practice of Ukraine, France and Italy have been researched. The experience of both the European Union as a whole, and France and Italy, in other words, the countries with the most developed practice and legislation in the sphere of legal safeguards and protection of geographical indications, considered to be extremely useful and relevant for Ukraine, has been analyzed in the dissertation. Therefore, on the grounds of legal analysis of the current national legislation as well as the legislation of France and Italy, the Agreement on Association with the EU, other EU legislation and civil law doctrine there have been formulated proposals for the improvement of civil law of Ukraine in the researched area.