№ 6 (110) 2019

Download Journal № 6 (110) 2019

Kedya Y. Features of «product placement» (in audiovisual works) legislative regulation in Ukraine. Comparative analysis with the law of France

DOI: https://doi.org/10.33731/62019.187729

P. 5-14

With appearance of audiovisual works and development of cinema production, we have got a new kind of commercial messages. «Product placement» is among them. Its amount of inclusion to audiovisual works and its budgets, spent for such kinds of messages, increase yearly all over the world.
The author investigates the issues that arise with inclusion of «product placement» to audiovisual works, studies the legislative base and main legal acts which regulate the usage of such kinds of messages on the territory of Ukraine. This term is not defined by the legislation of Ukraine, comparatively with the European Union’s legislation.
Legal practice has shaped different approaches to incorporating «product placement» into audiovisual works from those existing in the theory of intellectual property rights. Therefore, there is a need, for the solid analysis of Ukrainian legislation and the law of practice, as well as the legislation of EU countries, in particular France, to investigate topical issues regarding the implementation of the relevant legislative norms to the legislation of Ukraine based on comparative analysis of l the legislation of France. The author highlights the necessity to improve Ukrainian legislation and make it corresponding to the legislative system of European Union. Such comparison is important for definition of «product placement», its borders of usage, necessity to inform the viewers about the presence of «product placement» in audiovisual works with help of pictograms, were included to the legal acts of European Union and started to be included to the national legislation of states-members since 2007.
The author emphasizes on the necessity to improve Ukrainian legislation by performing a comparative analysis of Ukrainian and French legislation. Practical importance of given results is connected with opportunity to use them in legislative activity of Ukraine corresponding to current need for new legal acts dedicated to researched problems and further improvement of Ukrainian legislative system connected with inclusion of the term «product placement» to audiovisual works.
Key words: product placement, advertising, sponsorship, audiovisual work, commercial communication

Drobyazko V. Reform of copyright and related rights in Germany

DOI: https://doi.org/10.33731/62019.187731

P. 15-23

The article discusses two legislative acts of Germany on the regulation of copyright and related
rights in the information society. The first was enacted on September 10, 2003 (the 2003 law) and the second — January 1, 2008 (the 2008 law), which introduced significant changes to the German law of September 3, 1965 (on copyright and related rights).
The main innovation of the 2003 law introduced the rights to publicity post rights works on the Internet and its restrictions prohibit the use of technical means of protecting works without the consent of the authors. The law also prohibits the copying of works for personal use in cases where a copy is used to create a copy (the counterfeiting of which is obvious).
The main points of the reform envisaged by the 2008 law: in paragraph 31 of the «Copyright and Related Rights» Law the fourth paragraph containing a ban on granting rights use was crossed out. The system of determining the amount of funds that are payable by importers of manufacturers and equipment and material carriers used to reproduce works replacement by contractual. Amendments were made to the article containing the rules of free coping for personal purposes. New laws were established on the
legislative framework for the use of copyright works in the field of education and science.
As of March 1, 2017, new rules for exclusive licenses apply in Germany. Thus, «exclusivity» under an exclusive license reduced to 10 years (paragraph 40 A); after a ten-year license period, are considered non-exclusive and the author may freely and free of charge operate the licensed work and grant licenses to other persons. After the first five years of the period, only its licenses may be agreed by the parties and agreed to extend the exclusivity beyond ten years. This provides the authors with the opportunity to claim additional compensation for extended exclusivity, especially where practice has shown that
there is real commercial success by the end of the first five years of the license. Introducing also reporting obligations (paragraphs 32 d and 32 c): new rules for author authorizing the right to require licensees of annual reports detailing how licensed works are used and the amount of revenue generated from such use. Investigated the innovations of legislative acts in Germany, which is recommended to take into account while further improving of the legislation of Ukraine in the field of copyright and adjacent rights are investigated.
Key words: copyright, related rights, information society, digital technology

Zaikіvskyi O., Onіstrat O. Intellectual property state administration in the sphere of national security and defense

DOI: https://doi.org/10.33731/62019.188325

P. 24-35

Some issues concerning the state administration of intellectual property in the field of national security and defense are considered. The legislation of Ukraine, which defines the principles of the state
policy on the issues of national security and defense, concerning the intellectual property protection is analyzed. The importance of intellectual property protection and the need to improve the legislation on the regulation of intellectual property management issues in the field of national security and defense are noted. The comprehensive provision of national security and defense is a strategic task for the preservation of independence and development of the country nowadays. With the rapid development of scientific and technical as well as technological progress, all kinds of security are gaining the new meaning by including the need to ensure proper protection and management of intellectual property. Therefore, national security is impossible without considering and resolving the intellectual property
problems. Intellectual property itself is a connecting element in the chain between science that produces new knowledge and technology, and industrial production, where they are implemented. In addition, intellectual property objects fulfill an important function in ensuring the national defense capability, especially in the development of armament and military equipment and the implementation of international military-technical cooperation. Thereby ensuring state security is impossible without improving the system of legal protection and development of state administration in the process of using the objects of intellectual property rights, especially those contained in military and dual-use goods.
To resolve this issue, it is necessary to implement into the legislation of Ukraine a set of laws regarding the provision of state intellectual property management that directly affects the national security of Ukraine and protects the interests of the state when creating objects of intellectual property rights in the defense sphere. The owner of such objects of intellectual property rights should be the state, and
the administrator (custodian) of the property rights to such intellectual property is the state body with the delegated rights this purpose. Such an authority should have exclusive rights to intellectual property objects created under a public contract for public funds and receive limited rights to technical data related to national security and received at the expense of the contractor for their use only by public authorities for public needs.
Key words: intellectual property, national security and defense, objects of intellectual property rights, armament and military equipment

Bolotina (Dihtiar) А. Criminal and legal protection of the right of intellectual property for medicines: problems of judicial protection

DOI: https://doi.org/10.33731/62019.188329

P. 36-45

The socio-economic, political and legal situation of Ukraine is burdened by a military-armed conflict, a regime of martial law in its certain regions, and in general, intensifies the actualization of the protective function of the state in all spheres of vital activity of society, and especially in the sphere of ensuring the human right to life and health.
The heart of modern state policy of Ukraine is based on the European and international vector of state development, its main institutions, including legal ones, which are reflected in the strategies, concepts, programs of development and covered by the reforms that are carried out in our country. The prerequisites for economical, political and social stability in our country today are the guarantee of economic security of the state, and one of its directions are the ensuring of criminal protection of intellectual property, whose objects, through their profitability, attract the attention of the criminal world and become the object of criminal encroachment. Crimes against intellectual property rights for medicinal products combine economic and intellectual property crimes, which further complicate the organization of counteraction to them, both from the point of view of criminal prosecution and the use of organizational, administrative and criminal measures to prevent them. The competitive environment that is characteristic of a market economy is due to an urgent need for the security and protection
of intellectual property rights for medicines as a vital object of intellectual property right that ensures the fundamental human right to life and health. The role of criminal justice and the institute of judicial protection of intellectual property rights for medicines is conditioned by the real needs of society in legal protection. Today it can be argued that intellectual property rights for medicines have both a low level of legal protection and problems of judicial protection, that is, a practical realization of these rights. In view of the organizational and legal obstacles, the newly created The High Court of Intellectual Property in Ukraine for several years have never started its work, which in turn creates obstacles to the protection of intellectual property rights in court. In the field of criminal law, further active research today requires the study of objects of intellectual property rights as objects of criminal law protection in order
to create proper protection of them by the rules of criminal law and to provide the legal basis for the activity of The High Court of Intellectual property.
Key words: medicines, intellectual property rights, criminal law protection, The High Court of Intellectual property

Shabalin A. Some issues protection of intellectual property rights in the EU

DOI: https://doi.org/10.33731/62019.188330

P. 46-54

The article explores issues related to the current legal model for the protection of intellectual property rights in the European Union. Attention is paid to the historical and legal aspects of the formation and protection of intellectual property rights in the territory of modern Europe. In connection with this, it is stated that the principles of protection of intellectual property rights were laid in ancient Greece and the Roman Empire. The further development of the IPR procedure in Europe was driven by the
development of technology and new economic relations. This has led to the adoption of international documents in the field of protection and protection of intellectual property rights, which are also the basis for a modern system of legal protection and protection of intellectual property rights in Europe.
The creation of the EU was a new step in the development of a unified European model for the legal protection of intellectual property rights, with which a number of basic regulatory documents were adopted. One of the basic documents on the protection of intellectual property rights in the EU is EU Directive 2004/48. Modern approaches to the protection of intellectual property rights are introduced in the Directive on Copyright in the Digital Single Market 2016/0280 (COD). This concerns the
protection of an intellectual product in the digital space in the EU.
At present, the European Court of Justice (CJEU) has a significant role to play in shaping a single legal practice for the protection of intellectual property rights in the EU. It is this European judicial authority that forms the uniform approaches to the enforcement of intellectual property rights in the EU.
As a result, the need for further study of regulatory approaches to the protection of intellectual property rights in the EU is emphasized in order to increase the efficiency of the process of adaptation of Ukrainian legislation to EU law. Key words: European Union, EU, Directive 2004/48/EC, Directive on Copyright in the Digital Single Market 2016/0280, protection of intellectual property rights, Court
of Justice of the European Union

Orduli E. To the question legal mechanism for the protection of intellectual property rights in Ukraine

DOI: https://doi.org/10.33731/62019.188332

P. 55-64

The article deals with the theoretical problems of definition and features of the legal mechanism of intellectual property protection in Ukraine in the context of European integration and accession to the World Trade Organization. A wide range of general theoretical and applied problems of legal regulation of intellectual property is defined. In the context of the existing scientific views, the question of the competition of verbal tools or categorical apparatus is raised.
Namely, the variety of definitions applied to legal relations for the protection and enforcement of intellectual property. Attention is drawn to the need to compare the most important of them: «state system of legal protection», «mechanism of legal regulation», «legal protection», «legal mechanism of protection», «system of legal protection», etc. It is noted that in the absence of unification of fundamental legal categories, it is difficult to solve the problem of creating a national system of legal regulation of relations in the field of intellectual property adapted to international standards. The author’s definition of the concept of the legal mechanism of intellectual property protection is given as a normative, systemically organized complex of legal means necessary and sufficient for recognition and restoration of violated rights, termination of violation of the rights and legitimate interests of authors and patent owners and application of measures of state coercion to offenders. Its essential features are revealed: normative-legal fixing as acts of the national legislation, and the international law; the specific purpose is directed on recognition and restoration of the violated rights, the termination of violation of the rights and legitimate interests of authors and patent owners and application to offenders of measures of the state coercion; system and complexity of protection of objects of intellectual property rights and ordering of subject social relations without exceptions and gaps, and the system of legal means
and forms is covered by a single set of acts of both national legislation and international law with a high level of harmonization; a special holistic structure that reflects the systemic relationship between a certain teleological task, objects of legal protection, subject social relations, as well as the relevant set of legal instruments; the significant role and fundamental importance of legal procedures, including regulatory certain stages, legally modeled stages, forming a certain «algorithm» of development
of legal activity in the field of intellectual property protection.
Keywords: harmonization of legislation, intellectual property, legal mechanism of intellectual property protection, TRIPS Agreement

Shtefan A. Electronic evidence: characteristicsand features of use

DOI: https://doi.org/10.33731/62019.188333

P. 65-80

According to Part 1 of Art. 100 of the Civil Procedure Code (CPC) electronic evidence is information in an electronic (digital) form that contains information about the circumstances of the case including electronic documents (including text documents, graphic images, plans, photographs, videos and sound recordings, etc.), websites (pages), text, multimedia and voice messages, metadata, databases and other data in electronic form. Procedural law contains a non-exhaustive list of objects that can relate to the electronic evidence so they include any data in an electronic (digital) form stored on various media and on the Internet, in particular, in cloud environments. The characteristic features of electronic evidence are: 1) the formation as a result of purposeful human activity or system activity without human intervention in the process of data capture; 2) intangible nature caused by creation in electronic (digital)
format; 3) the absence of a specifically identifiable material carrier for storing data in electronic (digital form); 4) the ability to reproduce and move unlimitedly while maintaining the authenticity of the information contained therein; 5) the need to use technical and software tools for the perception of information; 6) the presence of metadata that captures and encodes information related to the creation and use of the object and its characteristics.
An original of electronic evidence is an object that contains the expressed information and metadata associated with its creation and use; a copy is an object that reproduces the expressed information of the original and can partially reproduce the original metadata and at the same time contains its own independent from the primary
metadata. Thus, electronic evidence is characterized by the presence of their originals and electronic copies distinguished by their metadata. As it follows from the provisions of Art. 100 of the CPC, the rules of submission of
electronic evidence are established in a manner similar to the rules of submission of written evidence. This mode does not fully comply with the particularities of electronic evidence since in many cases their copies are able to accurately and comprehensively convey the content of the original. In addition, the submission of the original electronic evidence does not always have a practical need, and some evidence such as websites may not be submitted in original at all.
The legal regulation of electronic evidence in civil proceedings requires some improvement. In particular, it is necessary to clarify the legal status of information from web archives and archived copies of messages, the possibility to use as evidence of video review of the site or page, the admissibility of screenshots as evidence in the case of failure to recover the content of deleted messages, admissible evidence to establish the content of information posted on a personal page on the social network.
Key words: electronic evidence, proving, sources of evidence, civil proceedings

Cherniuk V. The legal regulation of intellectual property rights objectives of science parks: problems and the ways of solving them

DOI: https://doi.org/10.33731/62019.188334

P. 81-88

Today there are some problems of intellectual property regulation during the process of projects implementation in science parks. At the same time, employees of universities and research institutes have not any interest to collaborate with science parks and other innovative structures that operated there. Authors of new technologies and scientific developments try to commercialize results of scientific researches outside their institutions. In this context, the process of intellectual property rights commercialization needs for legal regulation for such innovative structures. The article identifies and
analyzes the problems of projects implementation of science parks as well as offers to solve them by change the current legislation.
The author has developed proposals for improving the national legislation on legal regulation of science parks in Ukraine. The article provides an analysis of the current legislation and the judicial practice concerning the legal relations in the field of activity of science parks in Ukraine.
The article also discusses the amount of remuneration for the authors of the technologies that are used in the functioning of science parks in Ukraine. The author also pays attention to the analysis of functioning of science parks in Ukraine through the lens of intellectual property rights.
The author pays attention to the issue of intellectual property commercialization during the functioning of scientific parks and points to the need for legal regulation of the process of commercialization of intellectual property rights objects created in such innovative structures.
The author also emphasizes that in the absence of a proper agreement on the distribution of property rights, such rights to the result of intellectual activity created in the framework of the implementation of the project on the basis of the employment contract are equally owned by the worker and the scientific park.
Key words: legal regulation, intellectual property, commercialization of intellectual property rights, copyrights, royalties, science parks

Kharchenko О. Legislative novels on the protection of intellectual property rights upon the transportation of goods across the customs border of Ukraine

DOI: https://doi.org/10.33731/62019.188337

P. 89-99

The article reviews and analyzes the main legislative amendments of the Law of Ukraine «On Amendments to the Customs Code of Ukraine on the Protection of Intellectual Property Rights during the Movement of Goods across the Customs Border of Ukraine» № 202-IX following the provisions of European standards. In particular, changes have been analyzed with the extension of the list of intellectual property rights, the promotion of which is carried out during the movement of goods across
the customs border of Ukraine and the provisions on the non-application of measures to promote the protection of intellectual property rights for the movement across the customs border of Ukraine of original goods that were made with the consent of the rights holder or goods made by a person duly authorized by the rights holder to produce a certain amount of goods over the stipulated and the right holder have been disclosed. The peculiarities of suspension of customs clearance and destruction of small consignments of goods transported (shipped) across the customs border of Ukraine in
international postal and express shipments are investigated. In particular, it has been established that practically all persons who purchase goods for the online store of another country fall within the scope of this legislation novel provided if the respective right holder has entered information about the object of intellectual property rights in the customs register of objects of intellectual property rights, and agreed to the procedure for the destruction of small consignments of goods. It is determined that small consignment of goods in the view of this novel means goods transported (shipped) across the customs border of Ukraine in one dispatch from one sender in international postal items, in one cargo by an express carrier in international express dispatches, in no more than three units for each product subcategory according to the Ukrainian Classifier of Goods for Foreign Economic Activity or total gross weight of not more than two kilograms. In the case of suspension of customs clearance of a
small consignment of goods moving (shipped) across the customs border of Ukraine in international postal and express consignments, on suspicion of infringement of intellectual property rights, such goods may be destroyed if they fail to comply with the conditions established by law.
Keywords: intellectual property rights, customs, customs border

Logvinenko M., Kordunian I. Peculiarities of step-by-step use of mediation in the field of intellectual property: perspectives for Ukraine

DOI: https://doi.org/10.33731/62019.188351

P. 100-108

The subject of the article is the study of the peculiarities of the peculiarities of step-by-step use of
mediation in the field of intellectual property with the prospect of introduction in Ukraine. In this article singled out and analyzed the stages of mediation and peculiarities of their implementation. Mediation, as any process, has its stages, so we can distinguish the following: preparatory stage; the stage of familiarization with the dispute; stage of problem statement; the stage of solving the problem; the stage of conclusion of the agreement. In the first stage, the preparation for the process is being carried out, the parties and the mediator meet. In the second stage, the mediator establishes the contact between the parties. In the third stage, the parties determine and discuss the substance of the dispute and its causes. In the fourth stage, participants discuss possible options for resolving the conflict. The fifth stage is the final stage, and its main task is to conclude and sign an Agreement on Understanding. Mediation is based on such basic principles as: independence of the mediator, voluntariness to enter the process and equality of participants. Mediation as a way of resolving disputes out of court in Ukraine is not explicitly prohibited, this possibility is enshrined in the Constitution of Ukraine (Art. 55). The main purpose of mediation is to achieve a mutually beneficial solution for the parties using a minimum amount of resources. The experience of foreign countries such as the US and the UK proves the effectiveness of mediation. Among the advantages of mediation are: cost-effectiveness, mediation does not require the payment of court fees and other costs; the parties make their own decision which is beneficial for both parties; Conflict resolution through mediation helps to maintain confidentiality, which is important in disputes that could potentially damage the parties’ business reputation (such as commercial
disputes, intellectual property disputes). At the moment, the Institute of Mediation in Ukraine is in the stage of development, which is confirmed by the active scientific activity of Ukrainian scientists, who in their works emphasize the benefits of mediation and state the necessity of its establishment in Ukraine.
Keywords: mediation, mediator, stages of mediation, principles of mediation, dispute (conflict), dispute settlement

Butnik-Siverskiy O. Еconomic and legal view on development of intangible assets accounting on the way to neo-economy  

DOI: https://doi.org/10.33731/62019.188353

P. 109-124

From the economic and legal point of view the author made generalization and formation of the view on the development of the national accounting of intangible assets (IA) under the influence of changes in the European Union as a condition for advancement to the neo-economy. It is considered essentially the national standard — Provision (Standard) of Accounting 8 «Intangible assets» in comparison with the analogous international accounting standard of IAS 38 «Intangible assets». It is noted that, in contrast to the domestic standard, IAS 38 describes the procedure for analyzing compliance of IA with the criteria of an asset as an intangible resource. It is taken into account that in the course of the operation of the IA the enterprise may incur costs: related to the improvement (modernization) of such assets; aimed at supporting the IA facility in a serviceable condition. It is stated that an asset is identifiable if it: (a) can be separated, that is, it can be separated or separated from the entity and sold, transferred, licensed, leased or exchanged individually or in conjunction with a related contract, an identified asset or
liability, whether or not the entity intends to do so, or b) arises as a result of contractual or other legal rights, whether or not they may be transferred or separated from the entity or from other rights and obligations. It is stated that an entity controls the asset if it is empowered to obtain future economic benefits coming from the primary resource and restrict others from accessing those benefits.
It is noted that the use of intellectual property rights in the production process may reduce future production costs rather than increase future revenues. The ability of an entity to control the future economic benefits of IA is largely based on the legal rights that can be assured through litigation. Legislative requirements have been created to align Ukrainian accounting standards with EU law and update the procedure for applying the International Financial Reporting System, which is also related to
IA, especially for large companies. The introduction of digital finances and digital accounting can make significant changes. The applying of International Financial Reporting Standards in European countries supports to ensure compliance with the rules of national legislation of Ukraine in the field of accounting.
Keywords: intangible assets, accounting standards, international financial reporting system, objects of intellectual property rights, methodological changes

Korotiuk O. To the question about the content of the concepts «intellectual property» and «right of intellectual property»

DOI: https://doi.org/10.33731/62019.188354

P. 125-138

The article is devoted to the content of the concepts «intellectual property» and «right of intellectual property» and to the issue of the possibility of using them as equivalent concepts. The author considers the features of a broad understanding of the concept of intellectual property, in which it is revealed as a complex set of social relations arising at all levels of public life. With this approach intellectual relations are only one of the varieties of intellectual property relations, the totality of which is subject to legal regulation only in part.
Taking into account the above, the difference between the meanings of the concepts «intellectual property» (in the sense of this concept as a social relation) and «intellectual property right» is reflected in the content of the structural elements of the relations that denote these concepts: 1) Subjects of intellectual property rights are determined on the basis of compliance with certain legal requirements regarding legal personality, as well as the acquisition of subjective legal rights and obligations, which
are provided to them by legal norms (by using their legal personality); the subjects of
intellectual property become participants of social relations of different levels, including those, which are outside of the legal regulation. Such interactions may be related to realization of creative abilities of a person, mental activity, etc; 2) In the centre of understanding of the concept «object of intellectual property rights» is the content of intellectual property rights as a totality of personal non-property and property rights. The defining aspect of legal protection is the right to the created object of intellectual
property rights. At the same time the object of intellectual property is a value in sociophilosophical sense that satisfies the social, cultural, mental and other needs and interests of people. In this sense the object by its nature is a good for man; 3) Social connections between the subjects of intellectual relations are revealed through corresponding rights and obligations of the participants of these relations; in the relations of intellectual property social relations manifest themselves as interaction between people in different spheres of social life, based on the corresponding social statuses and roles, in which individuals carry out creative activity, realize their mental and cultural needs, etc. Understanding the concept «intellectual property» as identical with the concept «intellectual property right» is based on a normative approach. This approach shows that the concept of «intellectual property» and «intellectual property right» are used in the legislation in the same sense and can denote both objects of intellectual property right and rights about such objects.
Keywords: intellectual property, intellectual property right, intellectual property relations, public relations, legal relations

Doroshenko O., Rabotiahova L. Definition of the person skilled in the art:international experience

DOI: https://doi.org/10.33731/62019.188355

P. 139-147

The concept of the person skilled in tne art (PSIA ) seems to be universally accepted with respect to the assessment of patentability as well as in the analysis of the suffi ciency of disclosure and in determining the scope of the patent. There is currently no national/regional law explains or defines the term. In some countries, jurisprudences or administrative guidelines provide guidance on the meaning of the term.
The International Association for the Protection of Intellectual Property (AIPPI) and the Standing Committee on the Law of Patents conducted studies the definition of the PSIA in the context of the inventive step requirement in patent law.
The article discusses the results of studies of the definition of the PSIA in the context of the inventive step requirement in patent law conducted by the International Association for the Protection of Intellectual Property (AIPPI) and the WIPO Standing Committee on the Law of Patents.
The suggested questions will try to analyze and to understand the definition of the «PSIA» in three steps: the notion of the «person», the issue of its personal «skills» and finally the «technical field» in which these skills are exercised.
The person skilled in the art is a legal fiction. The PSIA has at least the following characteristics:
a) This person possesses common general knowledge as well as knowledge in the field (or fields) to which the invention relates that the average person in that field (or fields) would be expected to have or which would be readily available to that average person through routine searches;
b) This person possesses the skills that are expected from the average person in the field (or fields) to which the invention relates.
c) This person is able to perform routine experimentation and research and can be expected to obtain predictable solutions as compared to the prior art.
The assessment of the person skilled in the art should be made as of the priority date or other relevant date under applicable law for the purposes of assessing patentability.
In general, the PSIA is an individual person. Depending on the technical field and the complexity of the invention, the PSIA correspond to a team of people from different disciplines, provided that would have been a common practice in the technical field of the invention at the relevant time.
The characteristics of the PSIA should be the same for the evaluation of inventiveness as for other requirements of patentability or patent validity.
The exact level of knowledge and skill of this fictitious character needs to be defined for each concrete individual case, depending on the nature of the claimed invention, based on the applicable jurisprudence.
There should be a common approach in formulating the definition of the PSIA applicable in administrative or legal proceedings that consider inventiveness in the context of the patentability of an invention or the validity of a patent.
Key words: invention, The person skilled in the art, PSIA, inventive step, the level
of skill in the relevant art, elements that characterize the level of skill

Orliuk O. Education on intellectual property in the higher education system of Ukraine: problems and tasks

DOI: https://doi.org/10.33731/62019.188357

P. 148-159

In article experience of Ukraine in statement of knowledge of intellectual property in the higher education system is traced. Approaches are investigated that were put by the governments of the country at different stages of reform of the higher education. The experience of national universities in the training of intellectual property professionals and the general knowledge of these issues are analyzed. The problems of providing the national economy with intellectual property experts are determined. It concerns as cancellation in the course of the last reform of the higher education of a possibility of the introduction of education on intellectual property within specific categories. The negative effects of the cancellation of intellectual property courses in higher education are also assessed. Such situation doesn’t contribute to the enhancement of creative and inventive activity, the ability to evaluate the own results in
the perspective of their protection by the mechanisms of intellectual property. It is emphasized that enhancing the culture of respect for intellectual property rights and protection of intellectual property rights can be ensured in the process of obtaining general knowledge in this sphere.
The author concludes that the development of an innovative society based on the support of the nation’s intellectual capital presupposes a high level of training of experts of the different specialties and the directions involved in the innovation process at any of its stages, which should be promoted by the national education system.
Gaining knowledge on intellectual property in higher education contributes with creative conditions for building a society that understands the value of their own achievements and the benefits that can be obtained through innovation and uses of the rights to results of own creativity. It will contribute to the activation of innovation and commercialization, professional provision of instrumental use the intellectual property rights as a targeted component of innovation policy, better ensure of protection of intellectual property rights.
At the same time, acquiring intellectual property knowledge by students of various specialties, acquiring intellectual property competences in the higher education system will facilitate the integration of education with science and production with the aim to prepare competitive human capital for high-tech and innovative development of Ukraine, self-realization of the personality, ensuring requirements of society, labor market and the state in qualified professionals. It will also facilitate to the international integration and integration of Ukraine’s higher education system into the European higher education space and the European research space. At the same time, the achievements and progressive traditions of the national higher education have to be maintained and develop. Such education should support the development of a creative style mentally among young people who are capable to create and solve complex interdisciplinary tasks, to respond effectively and in a timely manner to the existing public request.
Keywords: higher education, intellectual property, innovative development, competences, specialty, creativity