Legal regulation of inventions, utility models in Ukraine and the EU

The author considered the legal regulation of inventions and utility models in Ukraine and European experience. The legislation of Ukraine by year regarding inventions, useful models and the experience of solving issues in this field of some European countries was analyzed by year . The importance of gaining experience for development of a more predictable policy in the field of intellectual property and harmonization of Ukrainian legislation with international legal norms as well as adaptation of Ukrainian legislation to the EU legislation were determined. The importance of working with intangible assets, in particular, in the conditions of russia's aggressive war against Ukraine, was determined, as far as it is a proven way to ensure economic growth and stability. Intangible assets include the results of research and development works, in particular, inventions, useful models, etc. Intangible assets, invisible to a non-specialist, can help to improve economic prospects, create higher-paying jobs and improve product quality as well. On the basis of the study of legislation in the field of intellectual property in Ukraine and the EU, there were identified some issues, that require deeper study and quick resolution needed for the development of Ukrainian economy. Namely, shortening the terms of examination of inventions and useful models, finding new ways to increase the motivation of authors to create inventions and useful models. During the research, it was found that a patent for a utility model can provide advantages to its owner on the market for a short time, since after 2-3 years, when a patent for an invention can be obtained, the product under the patent will no longer find demand and will not allow the manufacturer to return the investments, spent on its development and promotion to the market. Therefore, in order to preserve some branches of industry in Ukraine, it is proposed to leave the object of a useful model, the legal protection of which is provided – it can be a substance. This will save, for example, the chemical and oil refining industries in Ukraine.

Authors

Publication Details

Journal
INFORMATION AND LAW
Published
2024-09-04
DOI
https://doi.org/10.37750/2616-6798.2024.3(50).311753
Primary Topic
Economic Issues in Ukraine
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Legal regulation of inventions, utility models in Ukraine and the EU

I. I. Khomenko
INFORMATION AND LAW
Economic Issues in Ukraine
article

Legal regulation of inventions, utility models in Ukraine and the EU

I. I. Khomenko
article en

Abstract

The author considered the legal regulation of inventions and utility models in Ukraine and European experience. The legislation of Ukraine by year regarding inventions, useful models and the experience of solving issues in this field of some European countries was analyzed by year . The importance of gaining experience for development of a more predictable policy in the field of intellectual property and harmonization of Ukrainian legislation with international legal norms as well as adaptation of Ukrainian legislation to the EU legislation were determined. The importance of working with intangible assets, in particular, in the conditions of russia's aggressive war against Ukraine, was determined, as far as it is a proven way to ensure economic growth and stability. Intangible assets include the results of research and development works, in particular, inventions, useful models, etc. Intangible assets, invisible to a non-specialist, can help to improve economic prospects, create higher-paying jobs and improve product quality as well. On the basis of the study of legislation in the field of intellectual property in Ukraine and the EU, there were identified some issues, that require deeper study and quick resolution needed for the development of Ukrainian economy. Namely, shortening the terms of examination of inventions and useful models, finding new ways to increase the motivation of authors to create inventions and useful models. During the research, it was found that a patent for a utility model can provide advantages to its owner on the market for a short time, since after 2-3 years, when a patent for an invention can be obtained, the product under the patent will no longer find demand and will not allow the manufacturer to return the investments, spent on its development and promotion to the market. Therefore, in order to preserve some branches of industry in Ukraine, it is proposed to leave the object of a useful model, the legal protection of which is provided – it can be a substance. This will save, for example, the chemical and oil refining industries in Ukraine.

INFORMATION AND LAW(3(50))
Openalex Percentile: Top 72%
Economic Issues in Ukraine
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Legal regulation of inventions, utility models in Ukraine and the EU — I. I. Khomenko · INFORMATION AND LAW (2024) | TGRS Research Map | TGRS