Kapitsa Y. Unification and harmonization of the legislation on intellectual property rights protection in the EU Member States and legislation of Ukraine

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0519U001601

Applicant for

Specialization

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

08-10-2019

Specialized Academic Board

Д 26.001.10

Taras Shevchenko National University of Kyiv

Essay

According to the research — the peculiarities of unification and harmonization of legislation on intellectual property rights protection in the EU Member States and the formation of regional protection of intellectual property rights in the EU have been determined, recommendations for establishing a permanent mechanism for approximation of Ukrainian legislation in the field of intellectual property to the EU acquis have been worked out, the main directions have been identified of the changes of Ukraine legislation in the field of intellectual property protection in accordance with the EU acquis. The common features and differences of unification and harmonization of the EU Member—States legislation on the protection of copyright and related rights, protection of the rights to inventions, utility models, industrial designs, trademarks, geographical indications, trade names, plant varieties, topographies of semiconductor products, commercial secrets, as well as civil law enforcement of intellectual property rights have been identified. The effect on the unification of the legislation of the EU Member—States on the protection of intellectual property of the Council of Europe conventions, the European Patent Convention, the WIPO Treaties, the International Convention for the Protection of New Varieties of Plants, the Agreement on Trade-Related Aspects of Intellectual Property Rights of the WTO has been clarified. Effectiveness of the EU acts on intellectual property protection and their enforcement is studied.

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