Orduli E. Harmonization of Ukrainian legislation on intellectual property in accordance with the requirements of the TRIPS Agreement

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U102576

Applicant for

Specialization

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

14-05-2021

Specialized Academic Board

К 26.504.01

Scientific research institute of intellectual property of National academy of law of Ukraine

Essay

Orduli E. E. Harmonization of Ukrainian legislation on intellectual property in accordance with the requirements of the TRIPS Agreement. – Qualifying scientific work on the rights of the manuscript. Dissertation for the degree of candidate of legal Sciences in the specialty 12.00.03 – Civil law and civil procedure; family law; private international law. – Research Institute of intellectual property of the National Academy of legal Sciences of Ukraine, Kiev, 2021 The dissertation provides a theoretical generalization and a new solution to the scientific task, which consists in determining the features of harmonization of the national legislation of Ukraine on intellectual property with the standards and other provisions of the Agreement on trade aspects of intellectual property rights. The standards of the TRIPS Agreement are considered as a certain formalized model of the features inherent in objects of intellectual property rights that allow them to be distinguished for the purpose of legal support for the use of intellectual property rights as exclusive (absolute) rights. The system of protection and protection of intellectual property rights is built in accordance with the principles of the TRIPS Agreement as the main act of WTO legislation, which is aimed at promoting the long-term and stable functioning of the system of international trade relations, the liberalization of international trade, the gradual abolition of Customs and trade restrictions, as well as transparency of trade procedures. It is indicated that the provisions of the national legislation of Ukraine on intellectual property that require harmonization with the TRIPS Agreement are divided into those that relate to systemic inconsistencies, as well as those that are local and relate either to individual objects of intellectual property rights or related to the implementation of specific procedures in the field of protection and protection of intellectual property rights. Keywords: World intellectual property organization, harmonization of legislation, intellectual property, intellectual property law, international standards, intellectual property objects, legal mechanism for intellectual property protection, TRIPS Agreement.

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