FEATURES OF THE DEVELOPMENT AND ESTABLISHMENT OF THE INSTITUTE FOR THE PROTECTION OF RIGHTS TO INDUSTRIAL PROPERTY OBJECTS

Abstract

The purpose of the article. The purpose of the article is to determine the specifics of the development and establishment of the institute for the protection of rights to industrial property objects. Research results. The relevance of the article lies in the fact that today, both in Ukrainian society and in the world community, the issue of administrative and legal protection of rights to industrial property objects is particularly acute. They have a long history, as well as a complex socio-economic character due to the fact that their emergence is connected with the activities of mankind. One of the necessary and most effective tools for regulating human relations in the field of industrial property is law. The genesis of administrative and legal protection of rights to industrial property objects is inextricably linked with the prerequisites for the emergence and development of protective legislation in the industrial sphere. The process of formation and development of the institute of administrative-legal protection of rights to industrial property objects should be considered in an inextricable connection with the history of the modification of forms of ownership, as well as the development of patent and administrative law. Therefore, it is advisable to research relevant historical documents indicating the development of this institution and branches of law. At different times, the laws of the states that made up the Ukrainian lands were in effect: the Grand Duchy of Lithuania, the Commonwealth of Nations, the Russian State, and Austria-Hungary. Therefore, the development of the administrative and legal protection of the right to industrial property depended on the economy of the country under whose expansion different territories of Ukraine were located. Conclusions. It was concluded that the system of national legislation in the field of protection of rights to industrial property objects is generally formed. However, there are some problems, in particular: noncompliance with international norms and requirements, as well as the modern economic development of the state; lack of a state program to improve the national system of protection of industrial property rights; the strategic goals, tasks and priorities of the development of the system of legal protection of domestic scientific and technical achievements on the domestic and foreign markets, the main areas of improvement of legislation in the field of industrial property have not been determined; the absence of an agreed and perfect system of powers of specially authorized bodies of executive power regarding the protection and protection of rights to objects of industrial property. The outline confirms the need for further development of industrial legislation through its systematization and bringing it into line with international standards.