Pressing questions of legal mode of appeal of innovative products, which contains genetically modified products

Abstract

The article is devoted to the specific aspects of circulation of innovative products containing genetically modified foods, because of their dual status: as an intellectual property object and as an object of particular licensing system. The author stydied abovementioned specific aspects for the purposes of the national realias and of the influence of patent law and biosafety rules. Also the provisions of the Law on Protection of Rights to Inventions and Utility Models are studying in this article. Special attention is given to the concept and types of limitation of patent rights. The author notices that the legal framework of relations in the GMO-sphere is the prime factor that prevent or reduce the adverse effects of the implementation of genetic engineering activities, or avoid violations of individual rights. Because of the fact that GMO-foods is deemed to be a result of human intellectual activity in the genetic engineering field, it examines from the standpoint of tradability. The author suggests that the genetically modified foods are limited in circulation due to the fact that the introduction into civil circulation GMO-foods must obtain a permit (license). Also, the author analyzes Ukrainian and European Union legislation concerning with genetically modified foods sphere. As a conclusion the author says that domestic legislation on the genetic engineering have developed, but EU legislation in this field is much more advanced.