乌克兰工业设计作为知识产权法客体的立法规制的建立和发展

Iryna Batko
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The historical method was used to study the formation and development of legislation in the field of industrial property in a chronological sequence, starting from 1991 and ending with the present; formal-legal method - for a comprehensive characterization of the legislation of Ukraine regarding industrial designs. The method of scientific interpretation of law was used to clarify the content of relevant legal norms. Conclusions. It has been proven that the formation of the legislation of Ukraine, which regulates relations regarding the emergence of rights to industrial designs, their implementation and protection, took place in several stages. It was established that the first stage lasted during 1991–2003 (the initiation of domestic legislation on industrial property took place), the second stage lasted during 2003–2014, during which the development of national legislation in this area took place, the third stage began in 2014. and continues until now (harmonization of national legislation in the field of industrial property with EU law is taking place). It has been proven that after Ukraine gained independence, there was practically no legal regulation of industrial designs in Ukraine. It was established that the only normative act that contained at least a few norms regarding industrial designs was the Civil Code of Ukraine of the Ukrainian SSR. It has been proven that the first regulatory act that regulated relations regarding industrial designs was the Temporary Provision on Legal Protection of Industrial Property Objects and Innovative Proposals in Ukraine, which played an important role in the subsequent development of legislation on industrial designs. It is substantiated that the adoption of the Law of Ukraine \"On the Protection of Rights to Industrial Designs\" dated 12/15/1993 was the next important step in the establishment of legal regulation of the studied relations, since this law very thoroughly normalized the relations arising in connection with the acquisition and exercise of rights on industrial samples. It is substantiated that the second stage in the formation and development of the legislation on industrial designs was determined by the adoption of the Civil Code of Ukraine in 2003, in connection with this, many legislative provisions were significantly improved, which subsequently operated for about 20 years. It was established that the main legislative innovations (2003) were as follows: the conditions of patentability were changed, the novelty content of an industrial design was improved, the procedure for conducting an examination of an application was changed, the procedure for the publication of the grant of a patent and patent registration was improved, the procedure for appealing the decision of the patent office on an application for an industrial design was changed, the legal norms regarding the use of an industrial design, the termination of patent validity, and the protection of rights to industrial designs have been improved. It was established that the third stage regarding the development of legislation on industrial designs began in 2014 (signing of the Association Agreement between Ukraine and the EU) and continues to this day. It has been established that the Association Agreement between Ukraine and the EU contains a large Section on intellectual property, several articles are devoted to industrial designs (Articles 212 - 218). It is substantiated that these articles laid the foundation for the future reform of the legislation of Ukraine on industrial designs, which took place only in 2020. It has been proven that, as of today, the legislation of Ukraine regarding industrial property in general, and regarding industrial designs in particular, is as close as possible to EU standards in this area, and is able to properly regulate relations.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». 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It has been proven that the first regulatory act that regulated relations regarding industrial designs was the Temporary Provision on Legal Protection of Industrial Property Objects and Innovative Proposals in Ukraine, which played an important role in the subsequent development of legislation on industrial designs. It is substantiated that the adoption of the Law of Ukraine \\\"On the Protection of Rights to Industrial Designs\\\" dated 12/15/1993 was the next important step in the establishment of legal regulation of the studied relations, since this law very thoroughly normalized the relations arising in connection with the acquisition and exercise of rights on industrial samples. 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引用次数: 0

摘要

本文分析了工业品外观设计法律保护形成与发展的热点问题的覆盖面。分析了所研究关系的法律规制,确定了其发展的主要阶段。本文的目的是对乌克兰关于工业品外观设计法律法规的形成和发展的立法条款进行法律分析,对有争议的立法条款进行定义,并提出完善相关法律法规的建议。研究方法。采用了系统方法(在澄清工业品外观设计在工业产权客体体系中的地位时)和比较方法(在比较国家立法的发展阶段时)。采用历史方法,从1991年开始到现在,按时间顺序研究了工业产权领域立法的形成和发展;正式法律方法-全面描述乌克兰关于工业品外观设计的立法。运用科学解释法的方法,明确相关法律规范的内容。结论。事实证明,乌克兰立法的形成是分几个阶段进行的,它规定了工业品外观设计权利的产生、实施和保护方面的关系。确定第一阶段为1991-2003年(工业产权国内立法启动),第二阶段为2003-2014年(工业产权国内立法启动),第三阶段为2014年。并一直持续到现在(工业产权领域的国家立法与欧盟法律的协调正在进行)。事实证明,乌克兰独立后,乌克兰几乎没有对工业品外观设计的法律规定。可以确定的是,唯一包含至少一些工业设计规范的规范性法案是乌克兰苏维埃社会主义共和国的《乌克兰民法典》。事实证明,规范工业品外观设计关系的第一个法规是乌克兰的《工业产权客体和创新建议的法律保护暂行规定》,它在工业品外观设计立法的后续发展中发挥了重要作用。有证据表明,1993年12月15日通过的乌克兰“关于保护工业品外观设计权利”法是对所研究的关系建立法律规范的下一个重要步骤,因为这项法律非常彻底地使与取得和行使工业样品权利有关的关系正常化。事实证明,工业设计立法形成和发展的第二阶段是由2003年乌克兰民法典的通过确定的,与此相关的许多立法条款得到了显着改进,随后运行了大约20年。2003年的主要立法创新如下:可专利性的条件发生了变化,工业设计的新颖性内容得到了改进,申请的审查程序发生了变化,专利授予和专利注册的公布程序得到了改进,对专利局对工业设计申请的决定提出上诉的程序发生了变化,有关工业设计使用的法律规范发生了变化,专利有效期终止的法律规范发生了变化。工业品外观设计权利保护水平不断提高。工业品外观设计立法发展的第三阶段始于2014年(乌克兰与欧盟签署关联协议),并持续至今。已经确定,乌克兰与欧盟之间的联系协定包含了关于知识产权的一大部分,其中有几条专门用于工业品外观设计(第212 - 218条)。事实证明,这些条款为乌克兰工业外观设计立法的未来改革奠定了基础,这一改革仅在2020年进行。事实证明,截至今天,乌克兰关于工业产权的立法,特别是关于工业品外观设计的立法,在这一领域尽可能接近欧盟标准,并能够适当地调节关系。
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Establishment and development of legislative regulation of industrial designs as objects of intellectual property law in Ukraine
The article analyses the coverage of topical issues of formation and development of legal protection of industrial designs. The author analysed the legal regulation of the studied relations and identified the main stages of its development. The purpose of this article is a legal analysis of the provisions of the legislation of Ukraine regarding the formation and development of the legal regulation of industrial designs, the definition of debatable legislative provisions and the expression of proposals for the improvement of the relevant legal regulation. Research methods. There were used a systematic method (when clarifying the place of an industrial design in the system of objects of industrial property rights), a comparative method (when comparing the stages of development of national legislation). The historical method was used to study the formation and development of legislation in the field of industrial property in a chronological sequence, starting from 1991 and ending with the present; formal-legal method - for a comprehensive characterization of the legislation of Ukraine regarding industrial designs. The method of scientific interpretation of law was used to clarify the content of relevant legal norms. Conclusions. It has been proven that the formation of the legislation of Ukraine, which regulates relations regarding the emergence of rights to industrial designs, their implementation and protection, took place in several stages. It was established that the first stage lasted during 1991–2003 (the initiation of domestic legislation on industrial property took place), the second stage lasted during 2003–2014, during which the development of national legislation in this area took place, the third stage began in 2014. and continues until now (harmonization of national legislation in the field of industrial property with EU law is taking place). It has been proven that after Ukraine gained independence, there was practically no legal regulation of industrial designs in Ukraine. It was established that the only normative act that contained at least a few norms regarding industrial designs was the Civil Code of Ukraine of the Ukrainian SSR. It has been proven that the first regulatory act that regulated relations regarding industrial designs was the Temporary Provision on Legal Protection of Industrial Property Objects and Innovative Proposals in Ukraine, which played an important role in the subsequent development of legislation on industrial designs. It is substantiated that the adoption of the Law of Ukraine "On the Protection of Rights to Industrial Designs" dated 12/15/1993 was the next important step in the establishment of legal regulation of the studied relations, since this law very thoroughly normalized the relations arising in connection with the acquisition and exercise of rights on industrial samples. It is substantiated that the second stage in the formation and development of the legislation on industrial designs was determined by the adoption of the Civil Code of Ukraine in 2003, in connection with this, many legislative provisions were significantly improved, which subsequently operated for about 20 years. It was established that the main legislative innovations (2003) were as follows: the conditions of patentability were changed, the novelty content of an industrial design was improved, the procedure for conducting an examination of an application was changed, the procedure for the publication of the grant of a patent and patent registration was improved, the procedure for appealing the decision of the patent office on an application for an industrial design was changed, the legal norms regarding the use of an industrial design, the termination of patent validity, and the protection of rights to industrial designs have been improved. It was established that the third stage regarding the development of legislation on industrial designs began in 2014 (signing of the Association Agreement between Ukraine and the EU) and continues to this day. It has been established that the Association Agreement between Ukraine and the EU contains a large Section on intellectual property, several articles are devoted to industrial designs (Articles 212 - 218). It is substantiated that these articles laid the foundation for the future reform of the legislation of Ukraine on industrial designs, which took place only in 2020. It has been proven that, as of today, the legislation of Ukraine regarding industrial property in general, and regarding industrial designs in particular, is as close as possible to EU standards in this area, and is able to properly regulate relations.
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