Registration Number
0224U001662,
0120U102552
, R & D reports
Title
Development of legal and methodological aspects of the intellectual property rights protection for plant varieties
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Head
Tkachyk Svitlana O.,
Registration Date
26-01-2024
Organization
Ukrainian Institute for Plant Variety Examination
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The regulatory and legal base of Ukraine in the field of plant varieties rights protection currently shows a hierarchical system of legal norms. In order to understand the existing system of legal norms on plant varieties rights protection, it is necessary to build a hierarchy, which is built on the basis of the legality of normative acts and determined by the system of state authorities in Ukraine. In addition, the constitution of Ukraine establishes a certain dependence between regulatory acts of different levels, according to which acts of lower subordinate bodies must correspond to acts of higher bodies, which are the starting point for acts of lesser legal force.
With the adoption of all laws Ukraine and resolutions of the Cabinet of Ministers of Ukraine in the field of plant varieties rights protection, the basis for further improvement has been created.
In Ukraine, there are dozens of by-laws, approved by the Cabinet of Ministers of Ukraine, by orders of the Ministry of Agrarian Policy and Food of Ukraine with further registration in the Ministry of Justice of Ukraine, which provide a mechanism for the implementation of legislative norms. However, a significant number of issues remain unsettled or require revision in connection with the adoption of the Law of Ukraine No. 2763-IX of 16 November 2022 “On Amending Certain Legislative Acts of Ukraine As Regards Aligning the Legislation in the Field of Protection of Rights to Plant Varieties, Seed Production and Nurseries with the Provisions of the European Union Acquis”.
During the performance of the SRW, a comparative legal analysis of the Law of Ukraine “On Amending Certain Legislative Acts of Ukraine As Regards Aligning the Legislation in the Field of Protection of Rights to Plant Varieties, Seed Production and Nurseries with the Provisions of the European Union Acquis” was conducted in accordance with the documents of the International Union for the Protection of New Varieties of Plants, regulations, directiv
Product Description
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Bobonych Yevgen F.
Holichenko Nataliia Borysivna
Hryniv Svitlana M.
Zavalniuk Oleksander I.
Zakharchuk Oleksandr Vasylyovych
Popova Oksana P.
Tkachyk Svitlana O.
Khomenko Tetyana M.
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2024-01-26
