PATENTING OF MEDICINES IN UKRAINE THROUGH THE PRISM OF THE ASSOCIATION AGREEMENT WITH THE EU AND THE TRIPS AGREEMENT: IMPROVEMENT IN MEDICAL AND ADMINISTRATIVE REGULATIONS.

Анотація

The article deals with the issue of patenting medicinal products in Ukraine through the prism of the Association Agreement with the EU and the TRIPS Agreement. It is emphasized that Ukraine is a member of the WTO, having implemented a number of flexible provisions of the TRIPS Agreement plus fulfilled its obligations under the TRIPS Agreement. Along with Ukraine has entered The Association Agreement with the EU, and is to fulfill obligations under this Agreement. At the same time, the EU Court has banned the direct action of the TRIPS Agreement. The Association Agreement between Ukraine, on one hand, and the European Union on the other hand, requires changes concerning fulfillment of Ukraine's obligations under the TRIPS Agreement. The purpose of the article is to establish the peculiarities of harmonization of Ukrainian legislation with the EU legislation in the field of pharmaceutical patenting through the prism of the TRIPS Agreement and the Association Agreement. The subject of research is the social relations that arise in the patenting of medicinal products in accordance with the TRIPS Agreement and EU Law. The methodological basis of the study is general and special methods of scientific knowledge (formal-logical method, comparative legal, structural-logical). As a result of the study it has been found that the EU itself interprets, updates and upgrades the TRIPS Agreement for EU Member States, EU associates, states with which bilateral free trade agreements have been signed. It is established that the TRIPS Agreement by its nature can not belong to the EEC founding treaties, but it belongs to the group of sources of EU Law "international (additional) agreements with international organizations and other countries". The following features of the harmonization of Ukrainian legislation with the EU legislation in the field of patenting of medicinal products through the prism of the TRIPS Agreement and the Association Agreement are established: 1) the object of the utility model should be the device but not the methods of treatment in the legal mode of the utility model; 2) the establishment of such conditions for the provision of legal protection is industrial suitability and its novelty; 3) obligatory examination of the application for a utility model for the issuance of the patent; 4) the period of validity of intellectual property rights of 10 years; 5) establishment of an administrative procedure for the invalidation of intellectual property rights for a utility model; 6) the definition of duty for the patent office on the application of any person to provide an official search report on the application filed within the period of 6 months.

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