Download Journal № 6 (122) 2021

Pototskiy N. Codification of the legislation of Ukraine on intellectual property: material and procedural aspects. The article is devoted to the study of legislative problems that determine the appropriateness of the codification of Ukrainian legislation on intellectual property. The current state of legislation in this area, the results of the reforms of procedural legislation of 20218 and special legislation of 2020 are analysed. It is concluded that the special legislation of Ukraine on intellectual property requires further systemic improvement, unification, taking into account the development of the enforcement of European legislation in this area. The current structure of special laws is complex, dubbed norms and legal and technical shortcomings. Considering the number of tasks, the solution of which is advisable when improving legislation, it is obvious that the introduction of individual point changes is ineffective. Another significant factor requiring recourse to the legislative procedure is the creation in Ukraine of the High Court for Intellectual Property Issues, and a scientific discussion regarding the procedural rules by which this court should administer justice. The current legislative field contains certain rules governing the activities of this court, however, the presence of special procedural provisions in the legislation of the European Union, along with non-compliance with certain provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights and the Association Agreement between Ukraine, on the one hand, and the European Union, the community on nuclear energy and their member states, on the other hand, makes it necessary to supplement national procedural legislation with appropriate norms. Based on the characteristics of the structure of the legislative landscape, it is proposed to consider the possibility of incorporating material, procedural and procedural norms in a single legislative act. Approaches to defining the goals and principles of systematization of legislation are proposed.

Keywords: intellectual property law, legislation, material norms, procedural norms, codification

Kodynets А. Updating legislation in the field of intellectual property in the conditions of recodification: directions, problems, prospects. Implementation of an innovative model in Ukraine is not possible without the creation of a modern system of regulatory relations in the field of protection of intellectual property that would ensure protection of human subjects of creative work (authors, artists, and inventors), guaranteeing observance of their rights, and protection against possible violations.

The first steps in improving a legal mechanism for the use of results of intellectual and creative activities are laid in adopted in 2003 by the Civil Code of Ukraine, which not only greatly expanded the scope of intellectual property rights, but also significantly enriched its substance. In the Civil Code of Ukraine relations in the field of intellectual property were first fixed in a separate structural part (book 4 «Intellectual Property Rights»), which indicates their importance to private law.

Further improvement of the normative array in the field of protection of the results of creative activity should provide for the specification of the provisions of the Civil Code of Ukraine at the level of laws and by-laws, aimed at the formation of reliable legal mechanisms for the implementation and protection of intellectual property rights. However, only now changes have been made to special laws in the field of intellectual property. In 2014, Ukraine signed an Association Agreement with the EU. It became necessary to bring the existing regulatory material not only to the Civil Code of Ukraine, but also to comply with the approaches defined in the provisions of the Association Agreement, Chapter 9 of which contains the requirements and standards for the protection of intellectual property rights.

The article examines the problems of updating and systematizing the legislation of Ukraine 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 field of intellectual activity. The legal basis for the regulation of the protection of different types of intellectual property objects is investigated, the ways of their improvement are detailed, the steps taken in this direction in Ukraine are described. Within the framework of the research subject, the shortcomings of special legislation, as well as the norms of the Civil Code of Ukraine, contradictions between various legislative acts in the field of intellectual property are noted and ways of their resolution are proposed.

Keywords: systematization; recodification; legislation; intellectual property; collision; protection of rights; the results of intellectual, creative activity

Zerov K. Review of the theoretical approaches regarding the legal protection of objects generated by artificial intelligence systems in the field of copyright and related rights. The publication provides a descriptive review of existing theoretical approaches regarding the legal protection of objects generated by artificial intelligence systems in the field of copyright and related rights, namely.

1) The inexpediency of legal protection of computer-generated objects. It is concluded that the absence of legal regulation and free circulation of generated objects is considered the easiest option. Still, hardly fair and justified, as the creation of artificial intelligence systems requires large and significant investments in their development.

2) The possibility of protecting computer-generated objects by copyright as original works. It has been established that extending the concept of «originality» to computer-generated objects seems unjustifiable.

3) The introduction of the latest iteration of the fiction theory and establishing a special legal status for artificial intelligence systems. It is noted that such an approach seems premature because the existing artificial intelligence systems are a manifestation of «narrow» or «weak» artificial intelligence and not artificial general intelligence.

4) Protection of specific generated objects through related rights. It is concluded that the objects generated by AI systems may be protected in Ukraine through the prism of related rights, under the condition that the relevant object can be attributed to a phonogram, videogram, or broadcast (program) of broadcasters respectively.

5) Protection of generated objects through a special legal regime under copyright law. It is described that this approach cannot be considered a universal example for imitating the legal protection of objects generated by computer programs because its application leaves more questions and inconsistencies than solving the problem on the merits.

6) Protection of generated objects through sui generis law. It is assumed that applying such an approach to the protection of objects generated by computer programs will not lead to significant changes in copyright and will protect the interests and investments of developers of artificial intelligence systems.

Keywords: artificial intelligence, copyright, related rights, sui generis

Fedotova H., Fyl S. Protection of intellectual property rights in the field of biotechnology. Current trends of globalization and the process of European integration of Ukraine necessitate the creation of an effective mechanism of legal regulation of intellectual property rights in the field of biotechnology, due to the constitutional provisions according to which human life and health are the highest value in the state. The purpose of the study was to determine the legal regulation of protection of intellectual property rights in the field of biotechnology. Empirical and theoretical methods of scientific cognition are used for comprehensive consideration of the topic of the article. It has been found that modern biotechnological advances require inventors not only to secure monopoly rights to use them, but also to comply with the moral and ethical criteria for the perception of inventions created by genetic engineering and living matter. It is determined that the legal system of intellectual property protection in the field of biotechnology is based on the provisions of the Constitution of Ukraine, the Civil Code of Ukraine, regulations in the field of health and agriculture, international treaties and special legislation in the field of intellectual property. It is established that the system of legal protection of biotechnological inventions consists of the acquisition of intellectual property rights to these inventions (establishment of the object of patenting and compliance with patentability, state registration of inventions) and the use and disposal of intellectual property rights to such inventions. A legislative support of legal protection of biotechnological inventions is seen in further empirical research and theoretical and methodological substantiation in order to determine the legal mechanisms of their practical implementation.

Keywords: intellectual property rights, biotechnologies, patenting, legal protection, legislation

Zaikіvskyi O., Onіstrat O. Regulatory and legal support of intellectual property protection in the defense sphere (in the development of armaments and military equipment; in the implementation of international military-technical cooperation). The condition of regulatory and legal support of defence capability of Ukraine and problems concerning protection of intellectual property and protection of state interests in this sphere are investigated. The importance of protection of intellectual property rights to ensure the enhancement of the state’s defence capabilities is noted.

Ensuring Ukraine’s defence capability largely depends on equipping the Armed Forces of Ukraine with modern types and models of armaments and military equipment developed on the basis of the intellectual property rights.

It is the military-technical sphere where the objects of intellectual property rights belonging to the sphere of national security and defence are created, and the state is obliged to ensure their protection. This will increase the competitiveness of the domestic defence industry and make it impossible for anyone in the mass production of armaments and military equipment for their own needs and for exports, that directly affects defence capabilities.

This requires proper protection of intellectual property rights both in the process of own production of weapons and military equipment, and in military-technical cooperation.

The legislation of Ukraine on national security and defence determines the need to use scientific and technical achievements and the introduction of new technologies to increase the state’s defence capabilities. However, the issue of intellectual property, which is the basis of these achievements and technologies, is not raised. It is noted only that the acquisition, security, protection of intellectual property rights to scientific and technical (applied) results are carried out in accordance with the law, and in case of infringement of intellectual property rights is protected in the manner prescribed by administrative, civil and criminal law.

Thus, all issues related to the defence and protection of intellectual property rights must be resolved within the framework of special legislation on intellectual property.

Recommendations for improving the regulatory and legal support of Ukraine’s defence capabilities with a purpose of solution of intellectual property issues in this area and compliance with national interests and security of the state on intellectual property rights in the development of armaments and military equipment, as well as international military-technical cooperation were submitted.

Keywords: defence capability, intellectual property, regulatory and legal support, armament and military equipment, military-technical cooperation

Minchenko N. Types of infractions of trademark property rights. Аnalysis of judicial practice. The relevance of this article is that the largest number of legal disputes in the sphere of intellectual property is disputes concerning violation of property rights for trademarks. The article examined the theoretical provisions of property rights for trademarks, as well as practical issues of violations of these rights. Special attention is paid to the analysis of judicial practice concerning protection of rights to trademarks. The categories of the mentioned cases have been highlighted and discussed in detail, statistical data and decisions have been made. It has been found that the overwhelming number of cases investigated concerns recognition of the Ukrainian trademark certificate as invalid.

The court cases on protection of rights to trademarks can be divided into several categories according to the claim requirements:

1) On the recognition of the Ukrainian trademark certificate as invalid in whole or in part (for all or part of goods and/or services);

2) On termination of infringement of intellectual property rights on the trademark and obligation to take certain actions;

3) On early termination of the Ukrainian trademark certificate in whole or in part (for all or part of goods and/or services);

4) Other court cases. For example, the recognition of the non-legal patent of Ukraine for industrial design due to violation of rights for the registered trademark.

The article contains detailed consideration of the mentioned categories of cases and statistical data about them.

The analysis of judicial practice made it possible to establish the following statistical data: cases of invalidation of a trademark certificate are 47 %; cases on termination of infringement of rights to the trademark are 25 %; cases on early termination of the trademark certificate are 25 %; other cases on protection of rights to trademarks make 3 %.

In addition, the analysis of court practice allowed to establish that 75 % of court cases concerning protection of rights to trademarks are decided to satisfy the claim in full or in part.

Keywords: Property rights to the trademark, infractions of property rights, judicial practice, protection of trademark rights, invalidation of the trademark certificate, early termination of the certificate

Shulpin I. The concept of real losses as a component of the concept of losses in the sphere of intellectual property: category of law and economics. This article provides an analysis and formulation of the category of «real losses» in the field of intellectual property. The categories of «real losses» in relation to the property sphere and the sphere of intellectual property are analysed and justified.

First, the author will consider the concept of «real losses» in the property sphere, which was previously studied by many well-known legal scholars and lawyers. Further, we are talking about the structure and Element-by-Element composition of real losses. Then, the concept of incurred and future expenses is considered.

The author notes that everything that concerns the property sphere will also apply to the sphere of intellectual property to a certain extent, but a significant difference will be that real losses in these areas apply to different subjects, objects and rights. After that, the author will try to provide and analyse the definition of the concept of «real losses» for regarding the sphere of intellectual property.

Further, the author focuses on the concept of intellectual property law, the subject of intellectual property rights, intellectual property rights, objects of intellectual property rights under the Civil Code of Ukraine. Also, the article deals with such concepts as the rights of the owner of rights: the right to own, the right to use and the right to dispose. Further, we are talking about real expenses in the field of intellectual property.

Summing up the theoretical material presented above and taking into account the changes of the author that he proposed, the definition of the concept of “real losses” in the field of intellectual property is given.

According to the author, such a legal norm could be included in the fourth book «Intellectual Property Law», Chapter 35 «general provisions on intellectual property law» of the Civil Code of Ukraine, in the article on losses.

Keywords: real losses, intellectual property rights, object of intellectual property rights, subject of intellectual property rights, right to own, use and dispose of intellectual property rights, contractual obligations, non-contractual legal relations

Kashyntseva O., Iolkin Ya. Keeping the balance of public interests and the interests of the subjects of patent rights in the codification of legislation in the field of intellectual property. The article concerns the expediency of codification of legislation in the field of intellectual property on the basis of the principles of policy development of pharmaceutical nationalism or pharmaceutical independence of the state. Modernity encourages to determine the principles of intellectual property law on the basis of «collective knowledge», to put the intellectual property right to serve the interests of society and provide appropriate incentives for scientific activity. The new spirit of intellectual property dictates the policy of introducing exceptions to intellectual property rights for objects used in the fight against COVID-19.

Special attention should be paid to the formation in the world, on the one hand, of a policy of «pharmaceutical nationalism», which provides for protectionism in relation to the national producer, and on the other — the policy of priority of public interests over intellectual property rights. Today, this issue is particularly acute in the context of limited access to vaccines against the background of free production sites of generic companies. Therefore, when determining the conceptual approaches to the codification of legislation in the field of intellectual property, the international experience of maintaining such a balance should be taken into account.

The path of harmonization of human rights and intellectual property rights has certain social and economic obstacles, overcoming which requires significant efforts of public organizations, rethinking the established paradigms of the scientific community and the political will of international organizations.

The pandemic has only strengthened our sense that modern science is supranational, it has long been beyond the geographical and beyond the human imagination. That is why the monopolization of its results has become a dangerous phenomenon for a society that has lost the ability to control the processes within itself and has become dependent on external processes, which are controlled by a small percentage of intellectual property market participants.

Today, Ukraine has become an Eastern European hub in the field of harmonization of private and public interests in the field of health care with the mechanisms of intellectual property rights, and the ongoing patent reform is a breakthrough success.

It should be noted that although it is extremely important for Ukraine to be able to use the flexible provisions of the TRIPS Agreement, both for the production of vaccines and over time for drugs for specific treatment KOVID, the Government should keep in mind the need to clarify the production capacity of domestic producers. , to allow the production of such vaccines and drugs exclusively for the national market, at least at the first stage, as the priority is to meet the needs of the national patient. And, of course, compulsory know-how licenses (trade secrets) should contain provisions limiting the time and number of doses produced by analogy with compulsory licenses for inventions.

Keywords: intellectual property, codification, human rights, private interests, public interests, exclusions, medicines, patents

Osypova Iu. The distribution of economic rights to intellectual property rights objects, created in higher education institutions of Ukraine on order. The article investigates the procedure for the distribution of economic rights to IPR objects, created in higher education institutions of Ukraine on order. In the course of research general requirements of the current legislation of Ukraine concerning possible variants of distribution of economic rights to IPR objects, created on order, have been defined. Based on this analysis it has been found that the legislator departed from the previously existing unified approach to the distribution of economic rights to IPR objects, created on order, therefore, there are currently several legally enshrined approaches to the distribution of economic rights to such objects. At the same time, the choice of one or another option will depend on the type of the IPR object, created on order (work or another IPR objects), and in some cases from the purpose of its creation (has been created specifically as a piece of software or not).

In addition, the author discovered the existence of a legal conflict between the provisions of Part. 4 Art. 440 and Art. 1112 of the Civil Code of Ukraine, Part 6 of Art. 33 of the Law of Ukraine «On Copyright and Related Rights» regarding the approach to the distribution of economic rights, in particular, to works, created on order (except for works of visual art). Also, it has been established that Art. 430 and Art. 1112 of the Civil Code of Ukraine contain a different approach to determining the list of IPR objects, that can be created on order.

The article also disclosed the consequences of the existence of these inconsistencies for the law enforcement practice, including for resolving the issue of choosing an appropriate form of agreement for the settlement of legal relations regarding the creation of IPR objects, other than a work, which are included in the concept of “an object, created on order” today. The fundamental importance of solving this issue for the educational sphere has been revealed.

Based on the results of the study, a general vision of possible options for the distribution of economic rights to IPR objects, created in higher education institutions of Ukraine on order, has been outlined. Also, suggestions to improve the legislation of Ukraine have been made.

Keywords: the distribution of economic rights; economic intellectual property rights; intellectual property rights objects, created on order; higher education institutions; intellectual property rights of higher education institutions; intellectual property rights objects; agreements for the creation on order and the use of intellectual property rights objects

Denysenko R. Prosecution of Property Rights of Intellectual Property to the Results of Works under the Contract for Research, Development and Engineering. The article deals with an issue of allocation of rights to the results of works that are intellectual property subject-matter, created during research or development and engineering works. It is considered what can be the result of works and in what form.

It analyses problematic issues of the multiplicity of subjects of intellectual property rights to the results of work under the contract and the relationship between them on the prosecution of the joint intellectual property rights to the results of work. It is determined that the subjects of contractual relations of research or development and engineering works in addition to the executor and the customer should also include the creator (author, inventor) — a specialist working in a research institution or in a company, whose creative work resulted in the intellectual property subject-matter. Attention is drawn to the joint rights to service subject-matters created as a consequence of labour-related duties execution.

The norms of special legislation on the relationship on the use of an invention (utility model) and an industrial design, the disposal of property rights of each of the holders (owners) of a patent (certificate) are studied.

Laid out in the article gives the ground for making conclusion about the need to supplement the regulation of relations on the prosecution of the joint intellectual property rights to the results of work by including general provisions on the procedure for the use of intellectual property subject-matter and disposal of property rights on conditions established by the contract for research or development and engineering in Article 896 of the Civil Code of Ukraine. The author proposes to supplement Article 896 of the Civil Code of Ukraine with Chapter 3 as follows: «3. If the results of works have features of intellectual property subject-matter, then special details of prosecution of property rights of intellectual property can be provided in the contract».

Keywords: results of work, subjects of property rights of intellectual property, joint property rights of intellectual property

Homeniuk A. Key issues of legal regulation of the supplementary protection of inventions in the field of pharmacy in the national legislation of Ukraine. Key issues of legal regulation of the supplementary protection of inventions in the field of pharmacy in the national legislation of Ukraine

The article is devoted to the study of key issues of legal regulation of supplementary protection of inventions after the adoption of the Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine on Patent Legislation Reform» in the absence of bylaws to regulate the procedure for issuing supplementary protection certificates. The study also highlights the main shortcomings and gaps in the regulation of certain issues of application of supplementary protection certificates in the current Law of Ukraine «On protection of rights to inventions and utility models.»

The author in details analyses European Union approaches to definition of the subject matter of the supplementary protection, providing criteria which are recommended to use in order to decide whether the product is covered by the basic patent in force. Also, the paper is focusing on the issues related to verification of data and materials provided together with the application for a certificate — such as whether the requirement that the medicinal product must be submitted for marketing authorization in Ukraine no later than during one year after it’s first marketing authorization in the world, whether the authorization provided is the first authorization in Ukraine, etc.

Another problem which is highlighted in the study is the application of the rule to submit the petition for obtaining supplementary protection to those patents and marketing authorizations which were issued before the amendments to the Law came in force, as this question remained unresolved due to the lack of transitional provisions in the Law. Also author points out the necessity to align the provisions of the Article 271 of the Law of Ukraine «On Protection of Rights to Inventions and Utility Models» regarding the definition of the subject matter of supplementary protection in accordance with patent legislation by excluding application of the medicinal product from the list as it is not patentable according to Ukrainian law. In addition, the author emphasized the urge to adopt relevant bylaws (procedure) regulating the issue of certificates of supplementary protection.

Keywords: supplementary protection certificate, basic patent, procedure for obtaining supplementary protection certificate

Yarmoliuk A. Role of intellectual property as key element of innovation activities: legal grounds. The article determinates that, on the background of a digital economics actively development, the open innovations become a key source of digital breakthrough. The author states that within such a concept, the entities carrying innovation activity, keep focus on monetizing both the internal research results as well as the external ideas. Such approach, enhanced with external partners involvement into the innovations process, helps the innovative technologies to move remarkably faster through the lifecycle. It is also emphasized that the approach enabling external access to the companies’ innovations, need a concept to be set up, with focus on intellectual property rights protection. The author draws attention that the key role of legal instruments for intellectual property protection, is to minimize the risk for those companies which contribute to the innovations market development. It is clarified that within such a concept, the innovation activity companies provide their partners the right to use the intellectual assets, which may be either already in use by such companies or idle to use. Thus, the companies providing legal protection of the intellectual property, have more favourite conditions to come into a strategic partnership. The author highlights that the innovations-industry companies make profit from getting access to science-research and related production outputs which are owned by their partners, as well as from further development of their own products resulting from the intellectual property under the strategic agreement. The article also proposes creation of digital platforms which will facilitate the effective partnership of the business, state organizations and innovation teams within the development process of innovation products.

Keywords: intellectual property, intellectual property rights, innovation activities, innovation activity companies (entities), open innovations concept, open innovation platforms

Opanasenko А. Law of Ukraine «On Indigenous Peoples of Ukraine»: declaration of rights and their further implementation». The article analyses in detail the legal status and certain types of rights as signed to indigenous peoples of Ukraine under the recently adopted Law of Ukraine «On Indigenous Peoples of Ukraine». The criteria of belonging of separate communities to the indigenous peoples of Ukraine, features of realization by these peoples of their collective rights, and also realization by separate representatives of indigenous peoples of their individual rights in the corresponding spheres are defined. The study also defines the characteristics of the indigenous people, which distinguish this concept from other related concepts, in particular, the concept of national minority. Also, the article, based on the aforementioned Law, determines why only the indigenous peoples of Crimea: Crimean Tatars, Karaites and Krymchaks can be recognized as indigenous peoples of Ukraine, in contrast to the Gagauz people, who currently in Ukraine’s Odessa region. The study also highlights the peculiarities of the representation of indigenous peoples of Ukraine at the local, national and international levels. A detailed interpretation of the provisions of the Law clarifies its role and significance, as well as prospects for the implementation of its provisions in the future. The specifics of the representation of indigenous peoples in Ukraine have been studied, in particular through the functioning of separate representative bodies of indigenous peoples, as well as the representation of the aforementioned communities within public authorities and local governments. The process and peculiarities of interaction of the representative bodies of the indigenous peoples of Ukraine with the bodies of state power and local self-government in Ukraine are analysed, along with the specifics of the legal status of such bodies of the indigenous peoples. The publication proves the need for further the legislative process to implement the requirements of the law, as well as the development of detailed and transparent mechanisms for such implementation.

Keywords: Indigenous peoples, Crimean Tatars, Karaites, Krymchaks, Gagauz people, representation, legal status, self-determination, language, culture, traditions, people, identity

Ponomarova О. Ensuring the confidentiality of patient information obtained during a clinical trial of a medicinal product. Clinical trials are conducted in accordance with legal norms, subject to human rights and in accordance with international ethical principles. Each clinical trial for the patient (subject) begins on a voluntary basis and with acquaintance of the patient (subject) about the features of the study, its purpose and purpose, explanation of possible risks, in addition, the patient is informed about innovative drugs and access to free treatment during research. The patient participates in the study of the drug of his own volition, signing a voluntary informed consent. It is important to ensure that the rights of the patient (subject) in the clinical trial of the medicinal product to privacy and the protection of personal data, which is confidential information about the person who is the subject of the study, are respected. During clinical trials, researchers and all persons involved in the research process should treat responsibly the person participating in the study of the medicinal product as the object of study, namely with respect for the human right to privacy and its secrecy. Individuals and legal entities should be able to protect information legally under their control from disclosure, acquisition or use by others without their consent in a manner contrary to fair commercial practice, if such information is confidential in the sense that it is as a whole or in the exact configuration and combination of its components, commonly known or available to persons in the circles normally involved with the information in question. It is important to note that any information that becomes known about the patient (subject) during the clinical trial of the drug should be carefully protected by the party conducting the study.

Therefore, it is important to note that the right of a patient not to disclose confidential information about him is guaranteed by the Constitution of Ukraine. The right to medical secrecy is enshrined in the Law of Ukraine “Fundamentals of Health Legislation”. In cases where the rights of the patient (subject) have been violated, the legislator provides for criminal liability for intentional disclosure of medical secrets to a person who became known in connection with the performance of professional or official duties, if such an act caused serious consequences and for illegal collection, storage, use, destruction, dissemination of confidential information about a person or illegal change of such information comes criminal liability.

Keywords: clinical trial, confidential information, personal data, patient

Nedogibchenko Y. Criminal liability for committing crimes in the sphere intellectual property under the laws of foreign countries. The article provides an overview of individual articles of the criminal codes of Ukraine, the Republic of Latvia, Georgia and the People’s Republic of China. These articles have constituted crimes against intellectual property. Statistics on the number of sentences in cases of infringement of intellectual property rights in Ukraine for 10 years.

The rapid development of science and technology in the 21st century is creating new impetus for scientific research. There is a need to update national legislation. New approaches to intellectual property protection continue to be sought around the world. Issues of crime in the field of intellectual property are becoming relevant and discussed among scientists, authors, inventors.

The author gives examples of the Criminal Codes of Ukraine, the Republic of Latvia, Georgia, and the People’s Republic of China. The experience of the People’s Republic of China is logical, correct in legal terms.

Intellectual property provides economic benefits. Ago crimes against intellectual property should be classified as economic. According to the author, the Ukrainian authorities will be faced with new demands from foreign partners, including the EU, to strengthen the fight against crime in this area under the threat of significant international economic sanctions. The proposed changes are aimed at eliminating gaps in legislation and avoiding errors in the application of the Criminal Code of Ukraine by law enforcement agencies.

Keywords: intellectual property, copyright and related rights, objects of industrial property, means of individualization, criminal liability, crimes against intellectual property

Orliuk О. European’s Union Open Science Policy as a global benchmark for Ukraine: legal environment. The article provides an analysis of the EU practices in the field of development and implementation on the Open Science Policy, elaboration of the European Open Science Cloud (EOSC), employment of the FAIR principles and their enhancement with CARE-principles. The European Commission activities are reviewed in the area of the Open Science roll-out as well as its ability to withstand the emerging global challenges like COVID-19. The EOSC concept is overviewed on the backdrop of such EU policies as unified Digital Market Strategy and European Cloud Initiative, European Research Environment, and Industrial Digitalization, as a part of those. EOSC concept integration is considered through the development and interaction of European and national research and e-infrastructures and data arrays, services and knowledge within the EU and globally.

Steps are analyzed taken by Ukraine towards its integration to European research environment and EOSC in the legal field, taking into account the State Authorities activity and implementation of the Ukraine-EU Association Agreement. It is highlighted that the innovations’ development of Ukraine is bound, both in timelines and meaningfully, with digital economics and the society development, intellectual property area, and should align the Ukrainian science initiatives with the European Cloud initiative as well as further steps to joint the EOSC. It is consequently proven that consistent and meaningful implementation of the UA-EU Association commitments via the conceptual and strategic regulations adopted by the state authorities is essential for Ukraine integration to the EU’s Digital Market and Digital Environment so that to enhance its science potential. It is concluded that consistent efforts on implementing the goals and objectives as for regulatory environment with their consequent enforcement creates the vital grounds for successful enrollment of the national policy in this area.

Keywords: Open Science, EOSC, intellectual property, scientific researches, COVID-19 pandemic, UA-EU Association, Digital Europe

№ 6 (122) 2021