ADMINISTRATIVE LEGAL MECHANISM FOR THE IMPLEMENTATION OF THE PROTECTION OF PATENT RIGHTS: EUROPEAN AND NATIONAL REGULATION DETAILS

Abstract

The relevance of the article is due to the need to ensure the effectiveness of the development of a democratic and developed state, capable of ensuring the realization and protection of the rights and interests of a private person in general, and in particular in the field of intellectual property. in the social plan of the country, there is a proper provision of the rights and freedoms of a person and a citizen. It is emphasized that the basis for the effective exercise of patent rights is connected with the solution of the problems of the functioning of the administrative-legal mechanism for ensuring the registration, implementation and protection of intellectual property rights in Ukraine. It was noted that the need to ensure the effectiveness of regulatory regulation of patent rights in Ukraine substantiated the relevance of this research. The purpose of the article is to carry out a systematic analysis of legislation in the field of intellectual property, scientific publications and approaches, generalizations of statistical indicators of activity in the field of patenting in order to establish the administrative and regulatory basis for the implementation of patent rights and interests of a private person. It was concluded that it is appropriate to understand the administrative and legal support for the implementation and protection of the patent rights of a private person as the normatively established, complex, organizational activity of the subjects of power to establish, implement and guarantee the conditions for the circulation of industrial property objects. It is emphasized that the administrative and legal protection of the patent rights of the creator and inventor is in the process of reformation and constant transformations, while the effectiveness of such a mechanism is a factor in stimulating the intensity of the development of international and domestic economic, organizational, legal, and scientific and technical ties. It was emphasized that under the conditions of signing the Association Agreement with the EU Ukraine, it is necessary to systematize and generalize the current national legislation in the field of protection of intellectual property rights in accordance with the standards of the legislation of European countries, which requires the normative consolidation of the classification of patents, types of trademarks, justification of the use of geographical indications, protection of industrial designs.