FUNDAMENTALS OF PATENT PROTECTION IN THE FIELD OF BIOTECHNOLOGY

Abstract

This article covers the concept of patent protection bases in the field of biotechnology. The urgency of the work lies in the need to establish and determine the relationship between patent protection of biotechnology and the legislation of Ukraine, as there is no proper regulation in national legislation. The purpose of the study is conditioned upon the analysis of certain legal issues of biotechnology protection, the need to highlight the features of the legal regulation of relations in the field of biotechnology in international and Ukrainian regulations. During the study, the authors used the following methods to obtain, process and present information: general science (formal-logical, methods of analysis and synthesis, comparison, methods of induction and deduction) and special-legal methods (formal-legal, comparative-legal). The results of the study revealed some inconsistencies in the legislation of the European Union, in particular in the provisions of Directive 98/44 on the conformity of the concept of model, but at the same time worked out the scope of relevant regulations and their functions. It is investigated that there are certain ethical problems in the aspect of human cloning and further development of mankind. The need to adjust the current legislation has been identified. The results of this work, including its components, can be useful for both lawyers in the field of intellectual property law and medical professionals. The practical significance of the article is characterised by a comprehensive study of patents in the field of biotechnology, and an attempt to amend existing Ukrainian legislation in the field of patenting and intellectual property law. The authors consider it expedient to adopt the Law of Ukraine “On Biotechnology Protection”, which should provide criteria for compliance with publicity and morality, based on Ukrainian law, when inventions as an object of intellectual property rights can be considered non-patentable