Problems of legal protection of industrial samples in enterprises in Ukraine

Keywords: intellectual property, industrial design, legal protection, patent strategy, industrial property, economic activity, enterprise

Abstract

The article deals with the important problems that arise in the implementation of the legal protection of industrial designs in the enterprise in the course of their economic activity.

One of the major problems associated with the legal regulation of the protection, use and protection of industrial property is the clash of the rights of some entities with the rights to other intellectual property. An example would be the collision of industrial design rights with copyright and trademark rights for goods and services. In addition, the concept of production has changed from mass to serial and customer-oriented, the life cycle of the product has been significantly reduced and its moral rapid aging has become dominant in its renewal.

It was noted that there was a need to improve the legislation on industrial designs and the preliminary scientifically sound justification of strategic direction (from patenting to registration) and privacy before elaboration of relevant proposals and bills. The efficiency of legal protection of industrial designs in enterprises depends on the degree of perfection of the legislative framework.

First of all, it is analyzed what violations of patent holders' rights can arise and what ways of overcoming them can be applied to reduce the negative impact of such violations on the economic growth of the enterprise. Please note that it is now very often necessary to identify major conflicting or problematic situations in granting legal protection to industrial designs and trademarks, as well as the question of the legislative and enforceable distribution of two types of exclusive rights. Often there are disputes about the relation between the legal protection of the industrial design and the trademark. This issue has been analyzed and specific proposals are made for amending existing legislation on industrial designs.

Also considered are the types of patent strategies developed by major corporations in Japan, the US and Western Europe, such as: patent flood strategy, patent blocking strategy, combined patent strategy. And, based on this analysis, we recommend that they be put into practice by business entities to protect and safeguard their intellectual property rights.

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Published
2020-04-15
How to Cite
Bondarenko, O. (2020). Problems of legal protection of industrial samples in enterprises in Ukraine. Law Review of Kyiv University of Law, (1), 234-237. https://doi.org/10.36695/2219-5521.1.2020.47
Section
Intellectual property law issues