Theory and practice of intellectual property
№ 1 / 2018

ISSN (Print) 2308-0361
ISSN (Online) 2519-2744

PDF (Ukrainian)

DOI: https://doi.org/10.33731/12018.155998

Published      2018-02-27

To the questionnaire of characteristics and ways of development of legislation in the field of intellectual property in Ukraine

Olena Kadetova
Ukraine

Abstract
The article investigates intellectual property law through the prism of the theory of law and civilization doctrine. The justification is given why the intellectual property relations should be considered as an object of civil legal regulation. The complexity of the challenges faced by Ukraine in the process of developing a national system of intellectual property legislation is underlined. The link between the quality of legislative regulation, law enforcement and the legal culture of society as a whole is confirmed. It is proved that intellectual property legislation can be characterized through functional, horizontal and vertical structures. The main sources of legislation in the field of intellectual property should include the Constitution of Ukraine and the Civil Code of Ukraine. The analysis of the provisions of the Association Agreement between Ukraine and the EU provides grounds for arguing that the Agreement should also be considered as the main legal instrument for the intellectual property field. Also, the main source for regulating the status of a separate object of intellectual property right is to recognize and special laws in this area. It is emphasized that the prospect of development of legislation in the field of intellectual property may be the elimination of a double level of regulation of social relations in this area and the adoption of a single codified act that will be of a complex nature.

Keywords: intellectual property, legislation, source of law, Association Agreement