VVorontsova K. Civil law status of subjects of intellectual property rights in the Health Care sphere

The dissertation studies the problems of civil law status of intellectual property rights subjects in the Health Care sphere in Ukraine. The researcher in the health care sphere, medical and pharmaceutical employees, the patient as a subject of intellectual property rights in the health care sphere, an individual entrepreneur, a person who is licensed to practice folk medicine (healing) and a legal entity has been investigated. Moral intellectual property rights in the health care sphere have been studied in the view of special legislation and norms of medical deontology. The subject of intellectual property rights to the relevant object in the health care sphere has the right to exercise without hinders their moral (non-proprietary) rights and economic rights to own the object of intellectual property rights, meanwhile economic right to use the object of intellectual property may be exercised by the subject only if the latter is in compliance with qualification and other established requirements of the legislation of Ukraine in the Health Care sphere. The author has substantiated the necessity of fixation in the legislation of the «Bolar exemption», the international regime of exhaustion of intellectual property rights, the necessity to receive a preliminary positive conclusion of a specially authorized body at the Ministry of Health of Ukraine as a condition of recognizing the patentability of the invention (utility model) on forms of previously known substances that significantly improve the therapeutic efficiency of the invention (utility model).