Implementation of the unconventional construction of “invalidity of intellectual property rights” in judicial and extrajudicial protection of rights: current status and prospects

Abstract

The relevance of the study lies in the fact that the article addresses the challenges of understanding the procedure for protecting intellectual property rights through an atypical method, namely, invalidating intellectual property rights. Special attention is paid to the judicial and extrajudicial procedures for protecting intellectual property rights, in which such a method of protection as invalidating intellectual property rights is implemented. The problems of implementing the construction of “invalidity of intellectual property rights” in the extrajudicial procedure for protecting intellectual property rights are outlined. Special attention is paid to the protection of intellectual property rights in the procedure for the activities of the Appellate Chamber of the National Intellectual Property Office. The purpose of the article is to outline the main problems associated with the use of such an unconventional method of protection as invalidating intellectual property rights in the judicial and extrajudicial procedure, taking into account scientific achievements and regulatory legal acts. To achieve the study's goal, the following methods were employed: formal-logical analysis, generalization, linguistic analysis, and the comparative law method. In the process of the study, the following results were obtained: the outline of the lack of proper correlation between the binding norms of the Civil Code of Ukraine and the norms of special laws in the field of intellectual property, which should, in essence, operate in a logical systemic connection, was clarified; applying the criterion of temporal characteristics and the comparative method to the limitation period and the 9-month limitation period (in the out-of-court procedure for the protection of rights), it was clarified that the latter should be considered as a special limitation period, like a special limitation period; changing the paradigm in special laws in the field of intellectual property in favor of a single regulatory approach to the division into types (general and special) of the considered limitation periods, which are aimed at limiting the temporal possibility of implementing the construction of "recognition of rights to an invention as invalid", will allow unifying both scientific positions and simplifying the practice of applying different procedures for the protection of intellectual property rights.