Unfair competition in the acquisition and exercise of the right to a utility model

The article examines the problems of legal protection of utility models in Ukraine. A utility model is an important tool for both the inventor and business in general regarding the protection of objects with a short life cycle, intermediate innovative solutions, or improvements to existing ones. The value of such protection lies in the rapid registration of important innovative results, which will help to secure the right of priority. Utility models are often not radical innovations, but their value lies in the possibility of protecting step-by-step renewal and improvement of technologies. It has been established that due to the low requirements for the conditions of patentability of utility models and the acquisition of rights to them, the imperfection of the current legislation of Ukraine on utility models, and the unfair actions of applicants and right holders, this object has turned into a tool for abuse, which generates unfair competition. All this does not contribute to the development of innovative activity and the attraction of foreign investment. According to the results of the study, proposals were made to improve the legal protection of utility models in Ukraine. In particular, regarding strengthening the conditions for patentability of utilitymodels by establishing a minimum criterion for inventive step. Also proposed, in order to acquire the right to utility models, the inventor must submit, with the materials of the utility model application, a patent search report prepared by the Ukrainian National Office for Intellectual Property and Innovations, which will indicate the patentability of the object. In addition, the emphasis is placed on the importance of restoring the possibility of entering utility models in Ukraine into the customs register of intellectual property objects. It’s also indicated that it is necessary to clarify Clause 2, Part 2 of Article 40 of the Law of Ukraine ’’On Public Procurement’’ regarding public procurement of goods, works and services containing intellectual property rights, in accordance with Article 32 of Directive 2014/24/EU. The need to harmonize the provisions of general and special legislation ofUkraine regarding service objects of patent law in order to properly exercise such rights is substantiated.