The construction of ‘invalidation of intellectual property rights’ as a way to protect the right: a tragic experience of catharsis

When considering disputes in the field of intellectual property, a method of protecting subjective rights is often used, such as declaring a legal fact that establishes an intellectual property right invalid. The mechanism for protecting intellectualproperty rights is further complicated by the fact that the Civil Code of Ukraine and systemic laws are not in place: The Law of Ukraine ‘On Protection of Rights to Inventions and Utility Models’, the Law of Ukraine ‘On Protection of Rights to IndustrialDesigns’ and the Rules of Procedure of the Appeals Chamber of the National Intellectual Property Authority, the said method of protection of intellectual property rights has been modified to include the method of protection as ‘invalidation of intellectualproperty rights’. In other words, it is allowed to invalidate not only legal facts but also subjective rights, which is quite controversial from the point of view of the doctrine of civil rights protection.The article focuses on the problem of understanding the legal nature of such a remedy as invalidation of intellectual property rights, its effectiveness, appropriateness and expediency in terms of doctrine and national legislation. The author alsocompares it with such a method of protection as invalidation of a legal fact which fixes an intellectual property right. It is emphasised that from the theoretical and methodological point of view, it is not the intellectual property right that can be invalidated, but only the legal fact which fixes (certifies) such a right or from which the right in question arises.The article emphasises that the application of such a remedy as invalidation of intellectual property rights in practice is essentially carried out without a clear understanding of its effectiveness, appropriateness, legal nature, and its connectionwith the sophisticated system of legal facts that has been jewelled to implement such a remedy as invalidation of legal facts that fix intellectual property rights in the mechanism of intellectual property rights protection.