国家知识产权发展和保护战略

O. Svitlychnyi
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引用次数: 0

摘要

近年来,乌克兰不仅有了新的立法、新的监管机构,还成立了一个新的国家知识产权机构。根据乌克兰经济部的倡议,乌克兰部长内阁于2020年10月13日通过了第1267号决议,为执行2020年6月16日第703-IX号乌克兰法律“关于建立国家知识产权机构的乌克兰某些法律修正案”第二节“最终和过渡性条款”第7.1项,确定国有企业“乌克兰知识产权局”履行国家知识产权机构的职能。鉴于国家结构考虑了成立新的国家机构的六种选择,将乌克兰知识产权研究所临时指定为国家知识产权机构,一方面是最佳解决方案,另一方面,通过修改乌克兰关于建立国家知识产权机构的一些法律来保护知识产权制度。在不影响我国整个知识产权保护制度的前提下,进行了实质性的改革。基于主题的相关性,本文的目的是找出和分析乌克兰在知识产权领域履行国际义务的状况,以及通过国家战略来发展特定领域,并为其实际实施找到有效的方法。研究这一问题的主要方法如下:功能方法(以一组功能的形式考虑企业的管理系统,即由共同的内容,属性和活动性质联合起来的行动),逻辑分析方法(以逻辑前提和结论为基础),综合方法(其内容是将先前解剖的主题部分组合成一个整体),演绎法(从一般规律的认识过渡到它的个别表现的方法)等等。本文认为,乌克兰2020-2025年国家知识产权发展战略并非解决当前问题的灵丹妙药。研究还发现,国家政策统一性和整体性的基础是制定国家知识产权发展战略。此外,国家应该为战略的实际实施制定一个计划,因为实践证实了这些文件在通过后的执行是无效的。因此,有必要尽可能地组织政府各部门的努力,把重点放在引进的改革的绩效和实施上。这方面的一个重要步骤是完成司法改革。这一战略应反映出知识产权研究所对全球总体趋势和欧洲成功做法的适应情况,并包含其实际执行的目的和方法。该战略的成功通过决定了乌克兰司法和法律改革的进一步发展,知识产权问题最高法院已经在该框架内成立,但如果没有立法的统一,其战略一致性,就不可能实际执行所发起的改革,并因此履行国际义务。本文的资料对进一步研究乌克兰司法和法律改革的发展具有实用价值。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
National strategy for the development and protection of intellectual property
In recent years, Ukraine has received not only new legislation, a new regulator, but also a new national intellectual property body. On the initiative of the Ministry of Economy of Ukraine, Resolution of the Cabinet of Ministers of Ukraine No. 1267-р dated 13.10.2020, to implement Item 7.1 of Section II “Final and Transitional Provisions” of the Law of Ukraine No. 703-IX “On Amendments to Certain Laws of Ukraine Regarding the Creation of a National Intellectual Property Body” dated 16.06.2020 determined that the State Enterprise “Ukrainian Institute of Intellectual Property” performs the functions of the National Intellectual Property Body. Given that the state structures considered six options for the formation of a new national body, the temporary designation of the Ukrainian Institute of Intellectual Property as the National Intellectual Property Body was, on the one hand, the optimal solution, and on the other hand, the system of intellectual property protection with amendments to some laws of Ukraine regarding the creation of a national intellectual property body, underwent substantial changes that could not affect the entire system of intellectual property protection in the country. Based on the relevance of the topic, the purpose of this paper was to figure out and analyse the state of Ukraine’s performance of international obligations in the field of intellectual property, as well as the adoption of a national strategy to develop the specified area and find effective methods for its practical implementation. The leading methods for investigating this issue were as follows: functional approach (considers the management system of the enterprise in the form of a set of functions, i.e., actions united by a common content, properties, and nature of activity), the method of logical analysis (which is based on logical premises and conclusions), the method of synthesis (the content of which is to combine previously dissected parts of the subject into a single whole), the method of deduction (the method of transition from knowledge of general laws to its separate manifestation), etc. This paper determined that the National Strategy for the Development of Intellectual Property in Ukraine for 2020–2025 is not a panacea for current issues. It was also found out that the basis for the unity and integrated nature of national policy is the adoption of national strategies for the development of intellectual property. Furthermore, the state should implement a plan for the practical implementation of the strategy since practice confirms the ineffectiveness of the implementation of such documents after adoption. Therefore, it is necessary to organize the efforts of all branches of government as much as possible to focus on the performance and implementation of the introduced reform. An essential step in this area is the completion of judicial reform. This strategy should reflect the adaptation of the Institute of Intellectual Property to general global trends and successful European practices, contain the purpose and ways of its practical implementation. The successful adoption of the strategy determines the further development of judicial and legal reform in Ukraine, within the framework of which the Supreme Court on Intellectual Property Issues has already been established, but without the unity of legislation, its strategic coherence, it is impossible to practically implement the initiated reform, and, accordingly, perform international obligations. The materials of this paper are of practical value for further research on the development of judicial and legal reform in Ukraine.
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