Article

Special issue : patents in a changing Europe

March 2022
European Intellectual Property Review 44(4)

Authors:

The University of Sheffield

Significant technological and social changes, as well as global health and climate crises, are evident in the world we live in, which pose important questions for a myriad of legal fields, including for patent law and practice. At this time of change, this special issue reflects on some key aspects of how the current European patent system is affected by contemporary technological, legal and social developments. Papers within the issue are framed around three distinct yet intersecting themes: emerging technologies and the public interest; Covid-19 and access to health-technologies; and the EU unitary patent system. We call for greater critical reflection and dialogue within—and outside—the patent community, around the role and operation of patent law, to ensure it is fit for purpose and best aligned with the public interests at stake in our current society.

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March 2025 · Uzhhorod National University Herald Series Law

[...]
Kh. I. Kmetyk-Podubinska

The relevance of the study on the legal protection of industrial designs is driven by the rapid development of the global economy and increased competition in the international market. For Ukrainian enterprises, effective protection of intellectual property, particularly industrial designs, is a crucial tool for maintaining competitiveness and preventing infringements by unfair competitors. ... [Show full abstract] International protection systems that simplify the registration process and expand opportunities for Ukrainian companies in the global market are particularly noteworthy. The purpose of this article is to explore the legal protection of industrial designs in Ukraine and the prospects for Ukrainian enterprises to effectively utilize these mechanisms for advancing in the international market. The research methodology is based on an analysis of Ukrainian legislation, international treaties, and the experience of other countries in the field of industrial design protection. Comparative law methods are employed to examine the differences in legal regulation of industrial designs in Ukraine and the European Union. The analysis also includes recent scholarly publications and legal acts that regulate this area. The research results indicate that Ukrainian legislation is actively adapting to European standards in the field of industrial design protection. However, several challenges remain, including insufficient awareness among enterprises about international protection mechanisms and the complexity of registration procedures. The patent law reform, conducted in 2020, has significantly improved the legal protection of industrial designs, but its implementation requires further efforts. The article concludes that legal protection of industrial designs is an essential tool for safeguarding intellectual property in the international market. In particular, Ukrainian enterprises have the opportunity to use international registration systems, such as the Hague System, to simplify the registration process and ensure effective protection of their innovations. However, to maximize the benefits of such mechanisms, it is necessary to improve enterprise awareness and address gaps in national legislation. Overall, the study confirms that ensuring the legal protection of industrial designs enhances the competitiveness of Ukrainian enterprises in international markets and opens new opportunities for the development of an innovative economy. However, further research and improvements in the regulatory framework are necessary to achieve effective legal protection of industrial designs in the context of globalization.

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December 2024 · Family medicine European practices

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November 2024 · BIO Web of Conferences

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European Union Law perspective on the intellectual property protection of artificial intelligence sy...

June 2024 · Uzhhorod National University Herald Series Law

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D. P. Bohatchuk

The paper analyzes possible ways of protecting artificial intelligence systems and their elements with the help of intellectual property law from the perspective of European Union law. This paper deals with copyright law, patent law and sui generis database protection in relation to artificial intelligence systems. The paper begins with an analysis of whether and how an artificial intelligence ... [Show full abstract] can be protected by means of copyright. The author analyzes the European Union’s copyright acquis and concludes that the elements of the AI system, as well as the entire artificial intelligence system, that are implemented in software, can be protected by copyright as a computer program if the originality requirements are met. However, the originality requirement is unlikely to be met in all cases in this context. The same issue with the originality requirement applies to potentially possible copyright protection of artificial intelligence systems as databases. Therefore, it is concluded that the fulfillment of copyright requirements for protection of an artificial intelligence system must be established in each particular case. The author also considers whether patent law is applicable to protect artificial intelligence systems. For this purpose, the provisions of the patent law of the European Union, in particular, of the European Patent Convention, are analyzed. The author concludes that the artificial intelligence system may be patentable as a “computer-implemented invention” in case all the requirements for patent protection are met. Sui generis database protection is also considered as an additional possibility for legal protection of artificial intelligence systems, taking into account that its applicability is limited to the European Union. Whether sui generis database protection is applicable to the artificial intelligence system should be decided on a case-by-case basis.