UDC340.142:347.77(061.1EU)
 
KYRYCHUK Аnzhelа,
PhD in Pedagogic Sciences, Associate Professor, Associate Professor
of the Law Department of the Vinnytsa Trade and Economic Institute
of the Kyiv National University of Trade and Economics 

CASE-BY-CASE REGULATION 
OF INTELLECTUAL PROPERTY IN THE EU

Background. The intellectual activity becomes the basis of the modern global world. Now it is very important to protect properly the rights of intellectual property. The United Europe has a lot of legal regulations for that. Ukraine has made its choice on the way to Europe. That is why it must adapt its legal regulation to the European case law in intellectual property area.
Analysis of recent research and publications. A lot of works devoted problems and prospects of law protecting in the area of intellectual property. But this article is based on works which consider matters of harmonization legal regulations between Ukraine and EU in the area of intellectual property. Moreover it has been used the legislation of Ukraine and EU in the mentioned branch of law for bringing to light what exactly is general and different between them.
The aim of the work is a consideration of case law functions for the legal regulation of intellectual property in EU and the possibility of their use in Ukrainian legislation.
Materials and methods. In progress of the work it has been used general scientific methods (dialectic and systemic approaches, methods of analysis and synthesis). At the same time the formal-juridical and comparative-legal methods were used in the research.
The results of the research. The key concepts of the topic have been defined. The influence of case law on protecting the rights of owners of intellectual property in EU has been studied. The patterns of the emergence of case law in the EU have been considered.  
Conclusion. Comparison of using a case law of the EU in Ukraine is made on example of analysis of legal norms for protection of human rights.There were made conclusions about the possibility and necessity of harmonization of the case law in the area of intellectual property between the EU and Ukraine.
 
Keywords: intellectual property, legal regulations of the case law, prejudicial request, the European space of the intellectual property.
 
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