ADMINISTRATIVE-LEGAL ASPECTS OF THE FORMATION OF THE REGIONAL PATENT SYSTEM OF THE EUROPEAN UNION

Abstract

The article is devoted to the study of the administrative and legal aspects of the formation of the regional patent system of the European Union. The process of development of legal protection of intellectual activity in the countries of the European Union is investigated. The prerequisites and ways of legal regulation of intellectual property relations in the European Union's law are determined, the content, the characteristics, the essence of the patent system of the European Union and its place in the European Union law system are determined. The peculiarities of the unification and harmonization of the legislation of the Member States of the European Union for the Protection of Intellectual Property Rights and the formation of a regional patent system in the European Union, developed recommendations for improving the mechanism of closer of Ukraine's legislation to the legislation of the European Union in the field of intellectual property protection and changes in national legislation. Union. The degree of influence on the unification of the legislation of the Member States of the European Union on the protection of intellectual property rights of regional and universal international treaties was investigated. The main stages of unification and harmonization of the legislation of the Member States of the European Union for the protection of intellectual property and peculiarities of formation of the regional patent system of the European Union are determined. It is substantiated that the introduction of the European Union of Regional Protection of Intellectual Property Rights has led to the formation of the patent system of the European Union as a set Plant varieties, geographical indications and names of origin. The peculiarities of the unification and harmonization of the legislation of the Member States of the European Union for the Protection of Rights to Inventions, which includes: a decisive role in addition to the Paris Convention- Conventions of the Council of Europe (unification of substantive law provisions for inventions, formalities in the submission of applications and patent classification of European countries). It is substantiated that when approaching the legislation of Ukraine in the field of intellectual property to the legislation of the European Union should be established and taken into account the set of rules of law of the European Union, the decision of the Court of Justice of the European Union and the rules of legislation of the Member States of the European Union, which ensure the functioning of relevant institutions of protection of intellectual property protection.