Registration Number
0218U001894,
0118U006799
, R & D reports
Title
Harmonization of human rights and intellectual property rights in the sphere of medicine and pharmacy
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Head
Myronenko Nataliya ; Kashyntseva Oksana,
Registration Date
18-12-2018
Organization
Scientific and Research Institute of Intellectual Property of the National Academy of Law Sciences of Ukraine
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The object of the research is the social relations that arise in connection with the civil law protection of the right to intellectual property in the field of health care in the context of realizing the rights of the patient. The subject of the study is the civil law protection of intellectual property in the field of health care, the legal doctrine, the practice of applying the law in the field of intellectual property in the context of the implementation of human rights to health. The purpose of the work is to identify and solve a complex of theoretical and practical problems of civil law protection of rights to intellectual property objects in the field of health care, as well as to develop scientific-theoretical and practical recommendations on the harmonization of civil-law regulation of the realization of rights rights in this area and intellectual property rights. Methods of research - general scientific and special legal. As a result of the study, a comprehensive concept for the protection of intellectual property rights has been developed, taking into account the requirements of international treaties (in particular, the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the Constitution of the WHO), the provisions of the constitutional and civil legislation of Ukraine, and the standards of medical deontology, and the right to health care, which consists in changing the doctrinal and legislative priority on intellectual property rights on the right of a person to health care; the expediency of using the criterion "completeness of the work" as a condition for acquiring the property rights for the object of copyright in the field of health has been proved; justified the need for the introduction of a number of additional requirements for the protection of signs as signs for goods and services that will be used in the field of health (in accordance with the classes of the ICCP) in order to prevent misleading consumers, in particular the availability of medical and / or pharmaceutical education from the person who granted permission to use her last name as a sign for goods and services, and the development of methodological recommendations on the choice of names of drugs and biologically active food supplements taking into account the position b medical ethics and bioethics; it is proved that the registration of a medicinal product (in the manufacture of which an object of intellectual property is used, the patent for which is still valid) is not an intellectual property object and is not considered a violation of rights to it; the statement on the necessity of expanding the circle of persons, on which the court in a separate proceeding may be decided on the disclosure of information containing commercial secrets.
Product Description
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Іолкін Я.О.
Борко Ю.
Боровик П.А.
Волинець І.П.
Дідук А.Г.
Дорошенко О.Ф.
Кашинцева О.Ю
Медведева Н.Г.
Мироненко Н.М.
Орлюк О.П.
Осипова Ю.В.
Пічкур О.В.
Падучак О.І.
Писєва В.В.
Пономарьова О.О.
Селіваненко В.В.
Чомахашвілі О.Ш.
Штефан О.О.
Якуша Є.С.
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2020-04-02
