Protection of intellectual property rights in the conditions of innovative development of countries

Abstract

The article deals with practical problems of application and use of reservations to international treaties by states. The issue ofreservations to treaties is one of the most complex of all issues of public international law. By means of a reservation, the state expressesits will by a unilateral act in order to exclude or change the legal effect of certain articles or provisions of an international treaty as toitself. In case of reservations under one international treaty, a number of other additional agreements are allegedly established, whichcreate different legal regimes.In the context of the positive influence of international law on the expansion of both international relations and domestic law ofstates, the institution of reservations in the law of international treaties is becoming increasingly important. Various aspects of the problemof reservations to international treaties are constantly the subject of research by both domestic and foreign scholars and practicinglawyers in international law.Modern state practice shows that when concluding multilateral agreements, the interests of the subjects of international law donot always coincide, and in this regard, the right to make reservations is an important means of securing them.Many attempts have been made to challenge the sovereign right of states to make reservations to international treaties. Such statementswere made at the UN Commission on International Law and at the Vienna Conference during the discussion of the reservation.It was argued that the reservations destroyed the integrity of the agreement in the international treaty (French lawyer A. Gro), that theymade illusory the universality of the treaty (Italian lawyer R. Ago). It has been suggested that the reservation be valid only if it is accep -ted by two-thirds of the participating States in the conference that adopted the treaty. There was even the idea of creating a special mecha nism that would determine the compatibility of reservations with the object and purpose of the treaty. However, all these propo -sals did not receive the support of the majority of participants in the Vienna Conference.It is now clear that a number of provisions of the Vienna Convention, due to their ambiguity, create many difficulties in the applicationof the reservation regime, in addition, certain aspects of the legal regime of reservations are left out of consideration of legalregu lation. The legal consequences of accepting reservations, the content of the condition of compatibility of the reservation with theobject and purpose of the international treaty remain unclear; the possibility of applying the rules relating to reservations to internationalhuman rights treaties, etc.