Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

Protection of Rights to Utility Model in Germany and Ukraine: Comparative Analyzes

Author(s): Nadiia V. Milovska, Iryna S. Lukasevych-Krutnyk, Liudmyla V. Panova, Roman Ya. Demkiv, Liubov A. Zubkova

The purpose of the article is to conduct a comparative analysis of the problem of protection of the rights to utility model in Ukraine and Germany in order to gain best practices on the subject. The subject of the study. The subject is the study of individual aspects of protection of rights to utility model in Ukraine and Germany. Methodology. Research methods are chosen based on the object, subject and purpose of the study. The study used general scientific and special methods of legal science. Among them: dialectical, logical, method of system analysis, comparative-legal, normative-dogmatic and legal modeling methods. The results of the study. Based on a study of the relevant legislation, it has been determined what might be considered utility model and what might not in the countries under consideration in order to provide adequate legal protection for this object of intellectual property. It has been established what actions a person must undertake to secure his (her) utility model rights. It has been examined which remedies can be applied in case of infringement of the rights of the patent holder. Practical implications. As a result of a study of relevant German legislation, it has been found out what amendments should be introduced to the Draft Law of Ukraine, aimed to improve the protection of the individual’s rights to utility model. Value / originality. On the basis of the conducted research, proposals have been formulated on the necessity of adopting a separate Law on utility model in Ukraine.