Yaroshevska T. Protection of industrial property rights: private-law aspect.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0521U101895

Applicant for

Specialization

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

21-09-2021

Specialized Academic Board

Д 41.086.03

National University «Odessa Law Academy»

Essay

An issue of ensuring private and legal protection of industrial property rights in Ukraine in terms of European integration is comprehensively investigated in the dissertation, the basic directions of adaptation of the national legislation in the field of industrial property to the relevant EU legislation are defined. The general theoretical description of the national and the European mechanisms of industrial property protection is presented. The concept of industrial property is investigated, the legal status of subjects of law and the content of subjective rights to industrial property objects are determined. The subjective rights and legal obligations of the parties in contractual relations regarding the use of property rights to the object, created to order in the process of performing research and development works for budgetary funds are balanced. Problematic issues of settlement of relations in the field of technology transfer in Ukraine are analyzed. Proposals on improvement of the national legislation in the field of industrial property, interpretation of terms applied are made. Practical recommendations for improving the mechanisms of regulation of protection of rights to inventions, utility models, industrial designs, trademarks, geographical indications, technology transfer have been developed.

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