Features of protection of intellectual property rights on certain (non-traditional) objects

Introduction. The paper explores the legal framework and protection mechanisms concerning selected non-traditional objects of intellectual property in Ukraine: trade secrets, rationalization proposals, plant varieties, and scientific discoveries. These categories fall outside the conventional scope of patent or copyright protection and are regulated inconsistently. The purpose of the paper is to identify the key features and gaps in the regulation of non-traditional intellectual property objects and to substantiate the need for legal reform and harmonization with European Union standards. Results. It is demonstrated that the protection of trade secrets remains fragmented and lacks a unified legislative act, which creates legal uncertainty. Rationalization proposals are not subject to state registration and rely on internal recognition by enterprises, with authors having only limited rights. The legal regime of plant varieties is relatively developed, governed by a special law and a functioning patent system. In contrast, animal breeds are excluded from IP protection, and scientific discoveries are acknowledged solely as objects of personal non-property rights, without any operative registration mechanism. Comparative analysis with EU Directive 2016/943 on trade secrets highlights the necessity for harmonization. Conclusion. The study concludes that Ukraine’s legal system requires systematic improvements in the regulation of non-traditional IP objects. Adoption of targeted legislative acts, clarification of terminology, procedural guarantees, and the introduction of effective protection instruments are essential for strengthening innovation policy and ensuring legal certainty. Recommendations for law-making initiatives and integration of European legal approaches are outlined.

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Publication Details

Journal
Economics Finances Law
Published
2025-06-30
DOI
https://doi.org/10.37634/efp.2025.6.21
Primary Topic
Intellectual Property and Patents
Type
article
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article

Features of protection of intellectual property rights on certain (non-traditional) objects

S. O. Kolb
Economics Finances Law
Intellectual Property and Patents
article

Features of protection of intellectual property rights on certain (non-traditional) objects

S. O. Kolb
article en

Abstract

Introduction. The paper explores the legal framework and protection mechanisms concerning selected non-traditional objects of intellectual property in Ukraine: trade secrets, rationalization proposals, plant varieties, and scientific discoveries. These categories fall outside the conventional scope of patent or copyright protection and are regulated inconsistently. The purpose of the paper is to identify the key features and gaps in the regulation of non-traditional intellectual property objects and to substantiate the need for legal reform and harmonization with European Union standards. Results. It is demonstrated that the protection of trade secrets remains fragmented and lacks a unified legislative act, which creates legal uncertainty. Rationalization proposals are not subject to state registration and rely on internal recognition by enterprises, with authors having only limited rights. The legal regime of plant varieties is relatively developed, governed by a special law and a functioning patent system. In contrast, animal breeds are excluded from IP protection, and scientific discoveries are acknowledged solely as objects of personal non-property rights, without any operative registration mechanism. Comparative analysis with EU Directive 2016/943 on trade secrets highlights the necessity for harmonization. Conclusion. The study concludes that Ukraine’s legal system requires systematic improvements in the regulation of non-traditional IP objects. Adoption of targeted legislative acts, clarification of terminology, procedural guarantees, and the introduction of effective protection instruments are essential for strengthening innovation policy and ensuring legal certainty. Recommendations for law-making initiatives and integration of European legal approaches are outlined.

Economics Finances LawVol. 6/2025(-)
Institute of Immunology (HR)
Openalex Percentile: Top 68%
Intellectual Property and Patents
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Features of protection of intellectual property rights on certain (non-traditional) objects — S. O. Kolb · Economics Finances Law (2025) | TGRS Research Map | TGRS