The Industrial Property Law And Its Objects

  • I.Ye. Yakubivskyi
Keywords: industrial property, invention, utility model, industrial design, commercial name, trademark, geographical indication, know-how.


The article analyzes the concept of “industrial property rights” from the standpoint of modern civil doctrine and current legislation in the field of intellectual property. Based on the understanding of the legal nature of the subjective rights to the results of intellectual activity and the means of individualization as exclusive rights other than property rights, attention is paid to the conditionality of the term “industrial property rights”. The range of the objects of industrial property rights is determined on the basis of the provisions of the Paris Convention for the Protection of Industrial Property, taking into account some relatively new categories of intellectual property, which currently have legal protection. The objects of industrial property rights are divided into two groups: the results of human creativity in certain areas and the means of individualization of participants in civil turnover, goods and services. Attention is drawn into the differences between these two groups of the objects of industrial property, which are connected with the essence of these objects, the subjects of rights to them and the nature of these rights. The first group includes objects enshrined in the Paris Convention, such as inventions, utility models and industrial designs. Also, in modern conditions to this group of the objects of industrial property it is expedient to carry topographies of semiconductor products, grades of plants, breeds of animals, know-how. The second group of industrial property includes commercial names, trademarks and geographical indications. Although scientific discoveries and innovation proposals are formally classified by the legislation of Ukraine as objects of intellectual property, the position is expressed on the inexpediency of providing these objects with legal protection under intellectual property rights and, accordingly, classifying them as objects of industrial property rights. Although the cessation of unfair competition falls within the scope of the Paris Convention, it cannot be considered as an object of industrial property rights.