PROTECTION OF INTELLECTUAL PROPERTY RIGHTS BY SCIENTIFIC INSTITUTIONS OF MILITARY FORMATIONS

Abstract

Intellectual property of scientific institutions of military formations requires additional guarantees for State protection, as it is directly related to the defense capability of Ukraine. The protection of sovereignty, territorial integrity, state security and state border of Ukraine are entrusted to the appropriate military formations and law-enforcement state agencies, the organization and procedure of which are determined by the law. For the performance of these functions, military formations should have modern military equipment and weapons, which are usually created by scientific institutions of military formations. In a competitive environment of the arms market scientists have to be proactive. Developments in the East of Ukraine show that national military science is going through some tough times. The short-sighted policy of public authorities in previous years, in particular, policy on providing court protection of intellectual property rights in the military sphere, caused the abandonment of scientific research, many qualified scientists left our state, armaments and military equipment, used by military formations in Ukraine, are obsolete. It will take decades to develop the latest models. In order to restore the national military science, the state is under an obligation to create not only proper conditions for scientific work, but also to provide reliable protection of intellectual property. The Supreme Intellectual Property Court established in Ukraine ought to become the state guarantee that will enable the scientific institutions of the military formations to protect the results of their intellectual activity. Article 9, paragraph 2, of the Law of Ukraine “On the State Defensive Order”, in the version of 1999 (hereinafter referred to as “the Law”) laid down a rule that made it possible for subjects of contractual obligations not to pay legal costs for filing actions related to the disputed defense order issues. In 2010, the law was adopted in a new version, which has not provide for exemption from payment of court fees. Thus, the law passed by the previous government abolished certain guarantees of court protection granted to the state-owned scientific institutions. Therefore, the purpose of this article is to improve the Ukrainian legislation concerning court protection of intellectual property by scientific institutions of military formations.