Systematization of orders in the field of industrial property

Abstract

Keywords: intellectual property, order, normative legal act, subordinate normativelegal act, systematization, industrial property
 The article substantiates the expediency of systematizing not only legislative acts,but also bylaws and regulations, in particular orders.Based on the analysis of orders in the field of industrial property, the author establishedthat:1) most of the orders were adopted in 2001-2002, most of the latest changes to theorders were adopted in 2011. The vast majority of orders do not comply with theprovisions of current laws of Ukraine in the field of industrial property and do notconsider the requirements of EU legislation and the Association Agreement
 2) the instruction on the procedure for issuing a Ukrainian patent for an inventionprotected by a USSR copyright certificate has lost its relevance, the deadline forsubmitting applications for a Ukrainian patent for an invention protected by aUSSR certificate has expired. Considering the indication, the author proposes torecognize this order as invalid;3) in 2005, a partial systematization took place, namely the consolidation of the ordersrelated to the inspection of any person with the materials of an applicationfor an object of intellectual property rights. The result of such consolidation wasthe adoption of one order of the Ministry of Education and Science of Ukraine,which combined 4 orders with a similar subject of legal regulation;4) currently, 26 orders are in force in the industrial sphere of ownership, 13 of whichrelate to the maintenance of state registers in this field. To unify the requirementsfor maintaining these registers and optimize law enforcement, the authorproposes to develop and adopt a single order on the Procedure for maintainingstate registers in the field of industrial property.