Chapter 49 Private Agricultural Research

Biotechnology, IPRs and Agriculture

This research explores the complex relationship between Intellectual Property Rights (IPRs) in agriculture, focusing on plant variety protection and food security. In this context, protecting plant varieties becomes key to enhancing agricultural productivity, addressing climate change challenges, and ensuring the sustainability of the food supply. Implementing intellectual property rights in agriculture also directly impacts the welfare of farmers and other stakeholders in the agricultural sector. Methodologically, this research adopts a normative approach, using various data sources and relevant analyses within the legislative framework. The research also elucidates the crucial role of institutions tasked with implementing plant variety protection measures within a broader IPR framework. The research findings indicate challenges and opportunities inherent in implementing plant variety protection measures, including legal and policy barriers, and opportunities for policy innovation and collaboration among government stakeholders, industry, and society. In conclusion, this research offers valuable insights into the complex dynamics between Intellectual Property Rights in agriculture, particularly plant variety protection, and food security. Furthermore, policy recommendations are proposed to strengthen regulatory frameworks for plant variety protection, enhance access to agricultural technology, and promote multi-stakeholder collaboration. Considering the complexity of the relationship between various aspects of IPR, plant variety protection, and food security, further research can explore innovative solutions to overcome existing barriers and capitalize on emerging opportunities. This may involve a more detailed analysis of existing legal and policy frameworks and exploring the practical implications of the policy recommendations outlined in the abstract in ensuring the sustainability of agricultural systems and food security in the future.

From a legal perspective, analyze the connotation and logical relationship of intellectual property rights in Emei martial arts, point out the Legal dilemma in protecting Emei martial arts intellectual property rights, and then propose solu-tions to the problems. The study believes that the intellectual property rights of Emei martial arts refer to the intellectual property rights based on the intellec-tual achievements and commercial logos of Emei martial arts. The legal dilemma in the protection of intellectual property rights in Emei martial arts mainly manifests as follows: the identity of the rights subject of intellectual property rights in Emei martial arts and the intangible cultural heritage of Emei martial arts is the root cause of the conflict between public and private interests; to some extent, the sports nature of the intellectual property rights of Emei martial arts has influenced the legal recognition of this part of Emei martial arts intel-lectual property rights in the academic community; the inadequacy of the legal system is the fundamental reason why the intellectual property rights of Emei martial arts are difficult to obtain comprehensive protection. Based on this, the study proposes that technological innovation is a logical prerequisite for the protection of intellectual property rights in Emei martial arts. It can be achieved by extracting the classic techniques of Emei martial arts, constructing repre-sentative martial arts routines, and creating Emei martial arts competition pro-jects; The improvement of the legal system is the legal foundation for the pro-tection of intellectual property rights in Emei martial arts. In this process, it is necessary to particularly strengthen the important position and role of the Sports Law in the protection of intellectual property rights in Emei martial arts, and improve the basic position and auxiliary function of relevant intellectual property laws in the protection of intellectual property rights in Emei martial arts; The enrichment of theory is a powerful argument for the protection of in-tellectual property rights in Emei martial arts. Strengthening theory must be combined with the characteristics of sports, in order to build a solid legal foun-dation for the protection of the object of rights. In addition, the protection of intellectual property rights in Emei martial arts should focus on benefits, which requires balancing public and private interests and promoting the realization of public welfare through private rights protection

The encouragement of creative, scientific, inventive activity and business competition largely depends on the solid protection of intellectual property and related rights on the internet. The problem of such protection lies in the transnational nature of the internet, the absence of a unified centralized management, the difficulty of proving infringements, as well as in the insufficient regulation of this issue. This article analyses the protection of intellectual property rights on the internet in Ukraine, the potential and real threats to them in the cybernetic domain, and the key areas of related activity of state bodies and individuals. The research uses a method of synthesis and analysis, comparative legal analysis, and systemic and formal-logical methods. This article analyses the normative legal documents of Ukraine on intellectual property and rights on the internet, points out their shortcomings, and provides advice on their use. Recommendations are given on how to ensure the protection of intellectual rights through preventive measures and subsequent judicial and extrajudicial proceedings, indicating ways to ensure cybersecurity in relation the intellectual property of individuals.

У статті охарактеризовано доктринальні та нормативні підходи до визначення поняття «право інтелектуальної власності»; проаналізовано співвідношення права власності та права інтелектуальної власності та запропоновано дефініцію права інтелектуальної власності. Досліджено поняття «захист права інтелектуальної власності» та запропоновано його визначення. Охарактеризовано юрисдикційну та неюрисдикційну форми захисту права інтелектуальної власності, з'ясовані основні способи захисту права інтелектуальної власності. Акцентовано увагу на судовій забороні як способі захисту права інтелектуальної власності, проаналізовано міжнародний індекс прав власності, зокрема рівень захисту прав інтелектуальної власності в Україні. Здійснено порівняння індексу прав власності в Україні та провідних європейських державах, встановлено факт низького показника захисту прав інтелектуальної власності в нашій державі порівняно з європейськими країнами. Досліджено динаміку України у сфері захисту прав інтелектуальної власності протягом 2015-2019 років та виділено основні проблемні питання захисту права інтелектуальної власності в Україні. Наголошено на необхідності адаптації національного законодавства до правової системи Європейського союзу. Наведено положення ряду європейських нормативно-правових актів, які регламентують питання захисту права інтелектуальної власності. Охарактеризована проблематика збору доказової бази щодо порушення права інтелектуальної власності, проаналізовано національну судову практику з цього питання. Наголошено на необхідності створення спеціалізованого судового органу, який би розглядав справи про порушення прав інтелектуальної власності. Запропоновано законодавчо уточнити вимоги до кандидатів на посаду судді Вищого суду з питань інтелектуальної власності, акцентовано увагу на необхідності посилення юридичної відповідальності за порушення у сфері інтелектуальної власності, зокрема щодо розповсюдження піратської продукції. Окреслено організаційно-правові недоліки процедури захисту прав інтелектуальної власності, запропоновано ряд способів, які допоможуть вирішити проблеми захисту прав інтелектуальної власності в Україні.

Despite the fact that Ukraine has a legislative framework in the field of intellectual property, some issues remain unresolved, in particular, it is important to improve the mechanisms for protecting intellectual rights, among which one of the most effective is confiscation. The purpose of the study is to explore the existing problems of criminal law and administrative law confiscation as a special feature of the protection of intellectual property rights. Key research methods include dialectical analysis, which helped obtain the most objective information about problematic processes and phenomena related to confiscation as a special feature of intellectual property protection, and deduction and induction, used to examine regulations. The paper analyses the state of legal protection of intellectual property rights and measures taken by the state to reform the intellectual property system. Attention is drawn to the fact that public relations in the studied area relate to criminal and administrative legal mechanisms related to confiscation. It is noted that depending on the violated regulation, criminal or administrative confiscation is applied to the violator. The paper analyses Ukrainian and foreign regulations that focus on one of the types of ensuring intellectual property rights – confiscation as a special feature of protecting intellectual property rights. Certain shortcomings of the Ukrainian legislation are noted, and it is proposed to make changes to it. Circumstances that motivate the examination of the legislative reflection of confiscation as a special feature of intellectual property protection are outlined. The findings of the study can be utilised by lawyers and officials of law enforcement and other state bodies responsible for confiscation measures directly related to the protection of intellectual property rights. Individual conclusions can serve as a basis for further research on confiscation as a special feature of the protection of intellectual property rights, and proposals can serve to improve the relevant legislation

This article establishes static and dynamic panel models of 30 provinces in China, using a variety of regression models and regression methods to empirically study the impact of China’s intellectual property rights (IPR) protection on FDI. Then verifying whether the impact of intellectual property rights protection on FDI is subject to the level of foreign technology introduction .The innovativeness is constructing a quantitative index system of intellectual property protection of China, which includes intellectual property rights protection legislative level and intellectual property rights protection enforcement level. The research results show that the level of legislation and enforcement of intellectual property rights protection have significant positive impact on China's FDI. For some provinces which urgently need to introduce advanced foreign technology, strengthening intellectual property rights protection will inhibit FDI. Especially the strengthening of the intellectual property rights protection legislative level has a more pronounced inhibitory effect.

The article determines that active globalization processes, as well as Ukraine’s desire to become a full member of the European Union, challenge the foundations of the protection and defense of intellectual property rights, which under modern conditions are not limited to a territorial nature, but are an integral part of international trade and the global economy. Attention is focused on the fact that the modern model of intellectual property protection is losing the features of a purely national mechanism and is becoming an integral part of the global economy, international investment processes and interstate cooperation. The author emphasizes that the private law nature of the institution of intellectual property is gaining special importance in light of the need to ensure effective judicial protection of rights to intellectual property objects. It is emphasized that Ukraine must respond to new threats caused by both war and international challenges, creating effective mechanisms for the protection of intellectual property rights. In this context, legislative initiatives are considered to establish and launch the High Court for Intellectual Property as a specialized body of justice capable of ensuring effective and timely protection of property and non-property rights in this area. It is argued that the activities of such a court are an important condition for the formation of a favorable investment climate and support for the post-war recovery of Ukraine. The author of the article has determined the vector of development of legislative initiatives to establish and ensure the activities of the High Court for Intellectual Property. The need to put the Court’s mechanism into action is argued, taking into account the crucial role of investment activity in the context of the post-war recovery of Ukraine. It is emphasized that in the conditions of the post-war recovery of the Ukrainian economy, where foreign investment will play a leading role, ensuring reliable judicial protection of intellectual rights will become a determining factor in the investment attractiveness of the state.

The article deals with the problems of protecting intellectual property rights in Ukraine. The place of Ukraine in the ratings of protection of intellectual property rights is characterized. The historical aspect of the protection of intellectual property rights is investigated and two stages of the formation and development of the protection of intellectual property rights are identified. The disagreements in the classification of objects of intellectual property rights in the Civil and Customs Codes of Ukraine are characterized. A list of goods suspected of violating intellectual property rights has been determined. The main functions of the National Intellectual Property Body have been formulated, the receipt of applications for industrial property objects for 2016–2020 has been analyzed and it has been established that applications for registration of trademarks constitute the largest share. The main problems in the field of customs for the protection of intellectual property rights are characterized, among which the main ones are: lack of capacity for the destruction of certain types of counterfeit products; complex and expensive procedure for the destruction of goods; high level of corruption of customs authorities (confiscated goods that violate intellectual property rights enter the market). The article describes the measures taken by the customs authorities for goods suspected of violating intellectual property rights. The structure of the register of objects of intellectual property rights is considered and it is determined that the largest share is made up of trademarks registered in Ukraine. The indicators of the work of customs authorities on the protection of intellectual property rights have been analyzed and it has been established that portable electronics were most often confiscated; toys; clothes and hats; shoes; bags and belts; Perfumes and cosmetics; wristwatch. The ways of solving the problems of intellectual property rights protection in Ukraine are proposed.

In our work, we consider the peculiarities of the protection of intellectual property rights in Ukraine, USA and EU countries (Germany, France). Intellectual property is a unique creation of the human mind and one of the important achievements of every developed and democratic country. The field of law in the field of intellectual property is currently in a state of active and unceasing development: legislative norms are constantly regulated, the experience of successful countries in the field of intellectual property is analyzed and borrowed. Taking into account the possibilities of modern technologies, intellectual property rights are increasingly subject to violations, which determines the specifics of their protection in Ukraine and the countries of the European Union (USA, Germany, France). Taking into account the above and on the basis of scientific approaches and legally established provisions, the concepts of «intellectual property», «intellectual property right», «protection of intellectual property rights» have been defined. In the course of the analysis of national and foreign legislation, normative legal acts were established, according to which intellectual property rights were established in the studied countries. Detailed attention is paid to the peculiarities of the protection of intellectual property rights in Ukraine, the USA, Germany and France, and to the identification of similar features and opportunities for borrowing better experience in the protection of intellectual property rights. Attention is focused on the peculiarities of judicial protection in Ukraine under the conditions of martial law. The article analyzes the methods of protecting intellectual property rights, taking into account the peculiarities of Ukraine, the USA, Germany and France, namely, the civil-law, criminal and administrative means of protection of Ukraine and the USA, the organizational and economic mechanisms of Germany and Ukraine, proposed for even more effective protection intellectual property rights and the reduction of violations in this area, to implement the successful experience of France regarding the obligation of citizens to patent and obtain a license for inventions and the experience of the French Republic in improving the judicial system and judicial protection of intellectual property rights.

The world community recognizes that intellectual property and intellectual rights are one of the foundations of the modern business world. The issues of choosing ways to protect intellectual property rights are the subject of constant discussions. The authors analyze the problem in two aspects: from the point of view of state and international policy and from the point of view of the possibility of protecting their intellectual rights by participants in civil turnover. The purpose of the study is to study the mechanism of intellectual property rights protection, as well as to study the problems of compensation for moral damage and self-defense in the field of intellectual property. When preparing the article, general scientific logical methods were used, as well as a private formal legal method. The authors note that the conflict between the interests of the copyright holder of exclusive rights, on the one hand, and the general rights of participation and access, on the other, is a characteristic feature of modern society and culture, therefore intellectual property and intellectual rights are of interest not only as a legal institution, but also as a cultural model and socio-economic mechanism. With the development of digital technologies, the very principle of exclusivity of intellectual rights is increasingly being questioned both in theory and in practice, which naturally leads to a revision of existing ideas about the protection of these rights.

By analyzing the connotation of intellectual property rights in Emei martial arts from a legal perspective, this study aims to identify the challenges in the legal protection of Emei martial arts intellectual property rights and propose corresponding legal protection strategies. Research suggests that the intellectual property of Emei martial arts refers to the sum of Emei martial arts and all intellectual achievements created around Emei martial arts. The main difficulties in the legal protection of intellectual property rights in Emei martial arts lie in the particularity of the subject of Emei martial arts intellectual property rights, the imbalance of the object of Emei martial arts intellectual property rights, the relatively imperfect legal system of sports intellectual property rights, and the convenience of Emei martial arts intellectual property infringement. Research suggestion: Implement separation of management and office, clarify the rights holders; Optimize the development order and promote object balance; Improve the legal system of sports and establish a legal foundation; Strengthen comprehensive governance to prevent infringement.

Introduction. The European integration vector of Ukraine's development has significantly increased the requirements for the quality of legal and regulatory support for the effective protection of human rights, which is one of the main conditions for integration into the European political, legal, economic and cultural space. The analysis of existing works shows that the attention of the scientific community to the judicial protection of intellectual property rights has intensified in connection with the creation of the Supreme Court of Intellectual Property in 2017. However, as of 2019, the court is still in the process of forming a judicial corps. In view of this, it seems appropriate to summarize existing developments in the relevant field. The purpose of the paper is to summarize the conceptual foundations of judicial protection of intellectual property rights. Results. The article presents the results of research into the modern concept of judicial protection of intellectual property rights. Emphasis is placed on the availability of research-related work performed in different jurisdictions. It is emphasized that the bulk of studies on intellectual property rights and certain aspects of their judicial protection are concentrated in the field of civil law, but equally important are studies of economic, criminal and administrative nature. It is noted that the cross-sectoral nature of the institute of intellectual property rights has affected the development of an interdisciplinary judicial and legal approach to solving problems of securing these rights. The importance of scientific understanding of the legal status of the High Court on Intellectual Property is emphasized. The importance of taking into account the European experience of judicial protection of intellectual property rights in the context of the processes of European integration of Ukraine is emphasized. Conclusion. The trends identified are as follows. First, intellectual property rights research is carried out at both general and sectoral levels. Secondly, an important area of development of theoretical and methodological support for the judicial protection of intellectual property rights is the study of the legal status, peculiarities of formation and future functioning of the High Court on intellectual property issues. Thirdly, it is of utmost importance to the factors that enhance the effectiveness of intellectual property rights protection in the context of Ukraine's European integration aspirations.

The article deals with the issue of protection of intellectual property rights by customs authorities. The current problems of infringement of intellectual property rights during moving across the customs border of Ukraine are considered, in particular: transportation of counterfeit products, which includes goods that are subject to infringement of intellectual property rights to the trademark and goods that are the subject of infringement of intellectual property rights to a geographical indication in Ukraine and pirated products, which includes goods that are the subject of infringement of copyright and / or related rights or intellectual property rights to a registered industrial design in Ukraine and which are or contain copies made without the consent of the copyright and related rights or intellectual property rights to the industrial design or a person authorized by such right holder in the country of production, as well as moving across the customs border of small consignments of goods with violation of customs legislation and introduction of simplified procedure for destruction of such goods. The article also analyzes issues of novelty of the Ukrainian legislation – “original goods”, that is, those that were made with the consent of the right holder, as a basis for the existence of the international principle of exhaustion of intellectual property rights. It has been established that national legislation does not sufficiently protect intellectual property rights and that Ukraine remains one of the four points of transit and transit of counterfeit goods to the European Union. The mechanism of regulation of compensation of costs in connection with storage of goods suspected of violation of intellectual property rights after all, the owner of the rights has the opportunity to demand compensation for these costs from the owner of goods that violate his intellectual property rights, as well as the destruction of such goods by the owner of intellectual property rights. Key words: intellectual property rights, customs border, promotion of protection of intellectual property rights, procedure for destruction of goods, counterfeit goods.

The investment activity is diverse and can be carried out with the use of intellectual property rights in accordance with the current international and Russian investment law. The article aims to identify the specifics of the application of intellectual property rights as investments and the implementation of intellectual investments, i.e. investments endowed into intellectual property rights. The objectives of the study are to consider the categories of an investment and object of investment activity, intellectual property, exclusive and other intellectual rights, as well as to analyze and determine the features of legal regulation of the activity in question at the international and national levels in the Russian Federation. Based on the results of the systematic analysis with the use of formal legal, comparative and other research methods, it is concluded that investments as a property in a broad sense may include both exclusive and other non-personal intellectual property rights to the results of intellectual activity and equated means of individualization of goods, works, services and enterprises. At the same time, they exclude intellectual property itself as a set of various types of intangible products, moral and other personal non-proprietary intellectual rights by virtue of their inalienable and non-transferable character. It is argued to be the same with respect to the object of investment activity, i.e. the property which the investment is endowed in and is capable to bring income to the investor in the future. Investments into such intellectual property rights can be called as intellectual investments.The legal regulation of investment activity with the use of intellectual property rights has a dual character (in the sense that it is carried out by different investment legislative acts with the similar subject of their regulation) and depends on the type of a particular object used. If intellectual property rights are invested in fixed capital, then they are to be recognized as capital investments and are governed by the Federal Law of February 25,1999 No. 39-FZ “On Investment Activity in the Russian Federation Carried out in the Form of Capital Investments”. If intellectual property rights are used as the object of investment activity, i.e. where investments are endowed in, such intellectual investments are subject to the regulation by the Law of the RSFSR of June 26, 1991 No. 1488-1 “On Investment Activity in the RSFSR”.