Protection of industrial property rights in the context of patent legislation reform

Abstract

Keywords: protection of rights, intellectual property; patent, industrial design, invention,utility model, appeals chamber, patent trolling The right of intellectual property is the leading drivingforce of the economy of any state; therefore its legal protection requires proper legalregulation and constant improvement through the adoption of new laws, amendmentsto current legal acts, and the introduction of innovations in judicial activity.On 21.07.2020, Ukraine adopted the Law of Ukraine «On Amendments to CertainLegislative Acts of Ukraine on Strengthening the Protection and Protection of Rightsto Marks for Goods and Services, Industrial Designs and Countering the Abuse of Patents» and the Law of Ukraine «On Amendments to some legislative acts ofUkraine regarding patent legislation reform». These laws were important steps in thefield of legal protection of intellectual property.These laws essentially complete the procedure for updating legislation in the fieldof industrial property. They have positive features, but also have some disadvantages.The article is devoted to the consideration of the peculiarities of the protection ofindustrial property rights in the context of reforming legislation in the field of intellectualproperty. The publication emphasizes that today in Ukraine there are a significantnumber of cases of violation of intellectual property rights, which cause significantdamage not only to the rights holders, but also to the state as a whole. Despitethe positive changes in legislation in the field of industrial property protection madein recent years, it should be emphasized the presence of certain shortcomings andcontradictions in the legal regulation of the procedure for acquiring and protectingrights to inventions, useful models and industrial objects. Projects, which is primarilydue to the lack of necessary changes regarding the implementation of legislativenorms at the sub-legal level. It is noted that measures to ensure the effective protectionof intellectual property rights should be directed not only by the state and its bodies,the main role in this should be played by the activities of the right holders themselvesin monitoring the observance of their rights and preventing violations.