Breeding achievement in animal breeding as an object of intellectual property law and international experience of its protection

Abstract

Intellectual property rights are prescribed in the Universal Declaration of Human Rights. A patent for an animal breed is the exclusive right of the inventor to its breeding achievement, it is a legal monopoly ensured by the state, and patent protection makes it impossible to use it commercially without the consent of its owner. The modern-day challenges are directly related to ensuring food security. The practical application of breeding achievements in animal husbandry lies in the genetic improvement of animals in the “economic aspect”, which directly affects the level of investment and remuneration for breeders, and from this the need for effective legal protection of intellectual property rights increases. In this regard, the purpose of this paper was to investigate the legal regulation of intellectual property rights for breeding achievements in animal husbandry, proposals for its improvement through the study of international practices. During this study, philosophical, general scientific and special legal methods of scientific cognition were used, which were chosen considering the purpose and objectives of this study. Based on the analysis of regulations governing the procedure for obtaining legal protection of breeding achievements in animal husbandry, the paper examines problematic positions and suggests ways to eliminate conflicts in the legal regulation of these issues. The international practices regarding the execution of law enforcement documents for breeders and the possibility of protecting their rights was also analysed. The materials of this paper are of practical value for further investments, improvements, and identification of new issues in research of breeding achievements in animal husbandry.