Author(s): Huze Kostiantyn, Aliieva-Baranovska Vira, Zelena Iryna, Shvets Viktor, Kseniia Kurkova
Description: The purpose of the article is to examine some legal aspects of the procedure of compulsory licensing of invention in Ukraine. The subject of the study: The subject of the study is the procedure of compulsory licensing of invention in Ukraine. 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 are: historical and legal method; epistemological method; structural and functional analysis method; analytical method; the method of generalization helped to formulate general conclusions and recommendations. The results of the study. The concept of “compulsory license” is considered. International and domestic legal acts regulating the issue of compulsory licensing are investigated. Practical implications: The condition which should be fulfilled for the implementation of the procedure of compulsory licensing of invention in Ukraine are studied and analyzed in detail. Value/originality: The concepts of “non-use” and “under-utilization” of invention are interpreted. The ways to prove the fact of unreasonable refusal by the patent holder to grant a license to use the invention are proposed.