PATENT TROLLING IN UKRAINE: MAIN PROBLEMS AND WAYS OF THEIR SOLUTION

Abstract

The purpose of the article is to study and analyze the problems of using intellectual property in Ukraine. Patent trolling research shows us that unscrupulous patent holders create many difficulties for businesses in both exporting and importing goods. Patent trolling should be considered as a negative and dishonest activity carried out by the subjects, in order to obtain a reward by abusing the mechanisms of legal protection of property rights to intellectual property, etc. The article highlights the problems of patent trolling in Ukraine, which significantly affect the conduct of business by patent owners. The validity and importance of the influence of various factors on the process of using intellectual property is described. The main possibilities of solving the problem are structured, which will allow to effectively and quickly slow down the spread and prevent further emergence of patent trolling. The article provides figures and tables that will help to better understand and outline the essence of the question. The scheme of control of export and import of the goods containing objects of intellectual property is offered, also the list of export-import goods for 2020 which need the greatest protection from the state is resulted. Established that there is a need to change the procedure for recognition of individual rights to intellectual property through correction to the law. A step-by-step plan for improving the regulatory framework has been systematized and several highly effective methods of countering patent trolls have been described. The conclusion on the management of intellectual property and intellectual property rights with a multidimensional task, which requires many different actions and strategies that must be consistent with national law and international treaties is given. In particular, it is necessary to review the legislative system of Ukraine and to identify a number of legal omissions in it; pay attention to ensuring the possibility of appealing patents; ensure a reduction in the level of encouragement of trolls to obtain patents; provide support to companies involved in defending the rights of affected by patent troll companies in court.