Open AccessSelection achievement in animal husbandry as an object of intellectual property rights and international experience in its protection
Author(s) -
Inna Horislavska,
AUTHOR_ID,
Piddubnyi Oleksii,
AUTHOR_ID
Publication year - 2021
Publication title -
law. human. environment
Language(s) - English
Resource type - Journals
eISSN - 2663-1369
pISSN - 2663-1350
DOI - 10.31548/law2021.04.013
Subject(s) - intellectual property , selection (genetic algorithm) , animal husbandry , monopoly , property rights , law and economics , exclusive right , business , animal rights , political science , law , economics , biology , computer science , agriculture , market economy , ecology , artificial intelligence
Intellectual property rights are enshrined in the Universal Declaration of Human Rights. A patent for an animal breed is the exclusive right of the inventor to his selection achievement, it is a legal monopoly provided by the state, and patent protection prevents commercial use without the consent of its owner. Today's challenges are directly related to food security. The practical application of breeding achievements in animal husbandry, in particular, is the genetic improvement of animals from the «economic side», which directly affects the level of investment and rewards for breeders, and thus the need for effective legal protection of intellectual property rights. Based on the analysis of normative legal acts regulating the procedure for obtaining legal protection of selection achievements in animal husbandry, the article examines problematic positions and suggests ways to resolve conflicts in the legal regulation of these issues. The methods of our study were chosen taking into account the purpose and objectives of the study. The study used philosophical, general scientific and special legal methods of scientific knowledge. Keywords: object of intellectual property right, selection achievement, selection achievement in animal husbandry, protection of intellectual property right