Updating legislation in the field of intellectual property in the conditions of recodification: directions, problems, prospects

Abstract

Keywords: systematization; recodification; legislation; intellectual property; collision;protection of rights; the results of intellectual, creative activity
 Implementation ofan innovative model in Ukraine is not possible without the creation of a modern systemof regulatory relations in the field of protection of intellectual property that would ensureprotection of human subjects of creative work (authors, artists, and inventors), guaranteeingobservance of their rights, and protection against possible violations.The first steps in improving a legal mechanism for the use of results of intellectualand creative activities are laid in adopted in 2003 by the Civil Code of Ukraine, which notonly greatly expanded the scope of intellectual property rights, but also significantly enrichedits substance. In the Civil Code of Ukraine relations in the field of intellectualproperty were first fixed in a separate structural part (book 4 «Intellectual PropertyRights»), which indicates their importance to private law.Further improvement of the normative array in the field of protection of the results ofcreative activity should provide for the specification of the provisions of the Civil Code ofUkraine at the level of laws and by-laws, aimed at the formation of reliable legal mechanismsfor the implementation and protection of intellectual property rights. However,only now changes have been made to special laws in the field of intellectual property. In2014, Ukraine signed an Association Agreement with the EU. It became necessary tobring the existing regulatory material not only to the Civil Code of Ukraine, but also tocomply with the approaches defined in the provisions of the Association Agreement,Chapter 9 of which contains the requirements and standards for the protection of intellectualproperty rights.The article examines the problems of updating and systematizing the legislation ofUkraine in the field of legal protection of the results of intellectual, creative activity,analyses the collisions and shortcomings of certain norms governing relations in the fieldof intellectual activity. The legal basis for the regulation of the protection of differenttypes of intellectual property objects is investigated, the ways of their improvement aredetailed, the steps taken in this direction in Ukraine are described. Within the frameworkof the research subject, the shortcomings of special legislation, as well as the normsof the Civil Code of Ukraine, contradictions between various legislative acts in the field ofintellectual property are noted and ways of their resolution are proposed.