Theory and practice of intellectual property
№ 3 / 2018

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

PDF (Ukrainian)

DOI: https://doi.org/10.33731/32018.156019

Published      2018-06-26

Some peculiarities of agreements on creation and use of patenting objects in the field of medicine

Olena Ponomarova
Ukraine

Oksana Kashyntseva
Ukraine

Abstract
The article deals with the Ukrainian legislation in the sphere of intellectual property which permits patenting the methods of treatment and thus contradictory agreement the European intellectual property doctrine in this part. In this article we will reveal the theoretical foundations and give some practical recommendations on the legal regulation of intellectual property relations in the sphere of medicine in accordance with the norms of contractual law in particular the agreements on the creation and use of patenting objects in the sphere of medicine. Particulars of the subject of agreements on objects of patenting in the sphere of medicine is the compliance with international ethical and legal standards as an invention (utility model) objectified an industrial design a scientific result and the process of obtaining such a scientific result. Of particular interest is the legal status of the subject of intellectual property rights in the sphere of medicine since the realization of property rights of intellectual property such a subject can only be subject to the acquisition of a special status of the subject of medical practice which also determines the further features of the content of the agreements itself compliance with international ethical and legal standards the necessity of observance of relevant clinical protocols approved by the Ministry of Health of Ukraine.

Keywords: intellectual property rights, medicine, inventor, agreement, object of patenting