Some issues of improvement of judicial methods of protection of intellectual property rights to inventions (utility models)

Abstract

The article is de­voted to the analysis of actual proposals for the improvement of legislation in the field of protection of intellectual property rights to inventions (utility models). The conclu­sion is drawn on the lack of development of such a method of protection as «the recog­nition of intellectual property rights as invalid» and the premature inclusion of it in the Law of Ukraine «On the protection of rights to inventions and utility models». The expediency of preserving the possibility of the recognition of a patent as invalid in court is substantiated. Proposals for the improvement of the current legislation in terms of regulation at the level of law of the consequences of invalidation of patents for inventions (utility models) are expressed. It is proposed to fix in Art. 33 of the Law of Ukraine «On protection of rights to inventions and utility models» that in the case of recognition of a patent as invalid the decision of the Institution shall be deemed to have not entered into force from the moment of its adoption, and the Institution is obliged to enter in the relevant register a record of recognition of the patent as invalid as well as to inform about it in the Bulletin.