International experience of administrative protection of intellectualproperty rights in the field of medicine and biotechnology

Abstract

The article is devoted to acquaintance with the international experience of administrative ways of intellectual property rights protection in the field of medicine and biotechnology. The principles of insufficient development and imperfection of the economic system of Ukraine in the prism of medicine and biotechnology are highlighted. The concept of administrative protection in the system of intellectual property is characterized, the ways of protection of intellectual property rights and types of administrative protection measures are defined. The interpretation of the concept of administrative and legal protection of intellectual property rights is studied. The notion of medicine and its components, the state, the state of development of biotechnological progress, and the results of intellectual (creative) activity, which constitute the right of intellectual property, are singled out. The implementation of the Agreement on Trade-Related Aspects of Intellectual Property Rights into national legislation in order to provide citizens with qualified, affordable medicines and devices has been studied. The combination of mechanisms of harmonization of the legislation of the member states of the European Union and introduction of the EU documents protection for various objects of intellectual property is allocated. Emphasis is placed on the introduction and improvement of the strategy of intellectual property development in the national legal system. The international experience of administrative protection of intellectual property rights in the United States, Japan, and China is studied. It is recommended to implement the norms of international law into national legislation by harmonizing the provisions of European Union law. The importance of stopping and restoring violated rights, freedoms and legitimate interests of individuals and legal entities as a result of the creation of intellectual property and the proper establishment of an effective system of intellectual property rights protection in the field of medicine and biotechnology.