PATENTING OF MEDICINAL PRODUCTS: THE EXPERIENCE OF IMPLEMENTATION OF THE FLEXIBLE PROVISIONS OF THE TRIPS-PLUS AGREEMENT BY FOREIGN COUNTRIES AND THE FUNDAMENTAL PATENT REFORM IN UKRAINE.

Анотація

The purpose of this article is to analyze the legal regulation of patenting medicinal products in Ukraine and foreign countries. To solve this problem, the author examines the experience of foreign countries, offers directions for improving the legal regulation of pharmaceutical patenting. The empirical basis for the study is international documents, valid legal acts of various countries that regulate this area of legal relations, draft acts, statistics, give assessment of Ukrainian and foreign experts. The methodological basis of the conducted research is the general methods of scientific cognitivism as well as those used in legal science: methods of analysis and synthesis, formal logic, comparative law, statistical methods etc. There are revealed the common social and economic, political and legal factors that determine the necessity of patent reform in health care. The analysis of the provisions of the TRIPS-plus Agreement made it possible for them to be implemented by foreign countries to substantiate the feasibility and justify the possibility of applying these provisions in those countries where there are increased requirements for the protection of intellectual property. The peculiarities of the patent reform in the sphere of public health services in Ukraine are revealed. The attention is focused on the problems that exist in the patent system of Ukraine and most of the CIS countries compared to countries with innovative economies and have developed system of protection of intellectual property. The model of legal protection of inventions and useful models, which is introduced in Ukraine, its advantages as well as innovations in the legislation of Ukraine are described. It is argued that Ukraine is an example of the state that has come up with reform in a comprehensive manner and in carrying out it has borrowed the best foreign experience. It is noted that the issue of legal regulation of patenting of medicinal products at international and national levels should be investigated in order to increase the effectiveness of this type of regulation. Countries should intensify cooperation within the framework of specialized international institutions. Improvement of the national legislation should carry on a complex nature.

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