Legal Regulation Of The Usage Of Inventions In The Legislations Of Ukraine And The Czech Republic: Comparative Aspects
The article reviews legal characteristics of the usage of inventions according to the legislations of Ukraine and the Czech Republic. In this regard the author has analyzed such institutes of patent law as free usage and mandatory licensing of inventions, as well as identified common and different approaches in legal regulation. According to the conducted analysis it has been established that the patent laws of the countries in question provide patent owners with exclusive rights to use an invention on the territory of the country where the patent was received, through sale or import.
The legislation of the Czech Republic subdivides the usage of inventions into direct and indirect, which is justified, because it encompasses all essential cases of invention usage. In the sphere of free licensing the legislation provides a provision on the usage of an invention in the individual preparation of a medication at the drugstore, which is not regulated by Ukrainian legislation. The legislation of the Czech Republic also defines the procedure of making amendments to the mandatory license and its termination, if the patent owner can prove that the terms of the mandatory license have changed or such circumstances will never arise again.
It has been summarized that the level of inventions usage can be increased through complex and systematic norm-setting work of the state. The author believes that implementing the positive experience of the Czech Republic in regards to the usage of inventions can improve the legal regulation of relations in this sphere and will stimulate the innovation in Ukraine.
2. Law of the Ukraine On Protection of Rights to Inventions and Utility Models,
from 15.12.1993 р. №3687-XII // National legal internet portal of the Verkhovna Rada of Ukraine, 28.07.2017.
3. Patent Act of the Czech Republic. No. 527 of November 27, 1990. on Inventions and Rationalization Proposals, as amended by Acts No. 519/1991 Coll., No. 116/2000 Coll. and No. 207/2000 Coll. ENTRY INTO FORCE: October 1, 2000. Retrieved from:http://www.jpo.go.jp/shiryou_e/s_sonota_e/fips_e/pdf/czech_e/e_tokkyo.pdf
4.The procedure for granting by the Cabinet of Ministers of Ukraine permission to use a patented invention, utility model or registered topography of an integrated circuit, from 14.01.2004 No 8 // National legal internet portal of the Verkhovna Rada of Ukraine, 25.08.2016.