Law. Human. Environment (Aug 2022)
Breeding achievement in animal husbandry as an object of intellectual property rights and an object of inheritance in Ukraine and the world
Abstract
Global trends are now focused on such challenges as climate change, food security, the development of biotechnology and genetic engineering, and the transition to non-conventional fuels. The problems of promoting each of them in the global world are related to the need for free agricultural potential, the availability of effective and unified legal regulation, first of all, of breeding achievements in animal husbandry regarding the intellectual property rights of breeders, its protection both during life and for heirs, since a patent for an animal breed is an indisputable right of the inventor, which acts as a kind of legal monopoly, the provision of which is guaranteed by the state, and patent protection negates commercial use in the absence of the consent of its owner. The purpose of the study is to analyse certain issues of legal regulation of intellectual property rights to breeding achievements in animal husbandry in Ukraine and proposals for its improvement through the implementation of the global experience. The research methods were chosen considering the goals and objectives. During the research, philosophical (hermeneutical), general scientific (logical, generalisation, praxeological, modelling, predictive, and bibliographic), and special legal (formal-legal, comparative-legal) methods of scientific knowledge were used. The study examines the current state of breeding achievements in animal husbandry and the legal basis for regulating its establishment, protection, and the possibility of inclusion in the breeder's inherited property. Problematic issues in the legal framework for the establishment and implementation of intellectual property rights to breeding achievements in animal husbandry, ways to eliminate relevant conflicts are proposed. The study analyses the international experience in processing law enforcement documents for breeders and the possibility of protecting their rights. The research materials can be useful for lawyers-researchers, business entities engaged in breeding in animal husbandry, teachers, postgraduates, students of law schools, civil servants, and all those who are not indifferent to the issues under study.
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