Legal regulation of inventions, utility models in Ukraine and the EU

Abstract

The author considered the legal regulation of inventions and utility models in Ukraine and European experience. The legislation of Ukraine by year regarding inventions, useful models and the experience of solving issues in this field of some European countries was analyzed by year . The importance of gaining experience for development of a more predictable policy in the field of intellectual property and harmonization of Ukrainian legislation with international legal norms as well as adaptation of Ukrainian legislation to the EU legislation were determined. The importance of working with intangible assets, in particular, in the conditions of russia's aggressive war against Ukraine, was determined, as far as it is a proven way to ensure economic growth and stability. Intangible assets include the results of research and development works, in particular, inventions, useful models, etc. Intangible assets, invisible to a non-specialist, can help to improve economic prospects, create higher-paying jobs and improve product quality as well. On the basis of the study of legislation in the field of intellectual property in Ukraine and the EU, there were identified some issues, that require deeper study and quick resolution needed for the development of Ukrainian economy. Namely, shortening the terms of examination of inventions and useful models, finding new ways to increase the motivation of authors to create inventions and useful models. During the research, it was found that a patent for a utility model can provide advantages to its owner on the market for a short time, since after 2-3 years, when a patent for an invention can be obtained, the product under the patent will no longer find demand and will not allow the manufacturer to return the investments, spent on its development and promotion to the market. Therefore, in order to preserve some branches of industry in Ukraine, it is proposed to leave the object of a useful model, the legal protection of which is provided – it can be a substance. This will save, for example, the chemical and oil refining industries in Ukraine.