INTERNATIONAL ASPECT OF PLANT VARIETY RIGHTS PROTECTION

The article is devoted to the study and further generalization of world practice in the field of protection of plant variety rights. Undoubtedly, the development and improvement of legal regulation of breeding activities and the introduction of new plant varieties in agricultural production — one of the most promising areas of modern agricultural law, which is the result of modern agricultural policy. Emphasizing the peculiarities of the legal regulation of selection activities, it is noted that the right to a variety is a non-traditional object of intellectual property. Unlike industrial property, which after its development acquires a finished form and does not change during use, biological objects are changeable. This is especially true of plants, the use of which requires re-propagation by means of reproductive material. In the case of legal protection of plant varieties, the object of legal protection itself is separated from its material carrier, reproductive material, the circulation of which also requires special legislation. In addition, it is investigated that in Ukraine today the main problem is the lack of discipline and responsibility in the implementation of existing norms, control and clear division of powers between the bodies involved in the registration of plant varieties. The lack of personal responsibility of officials, including material, in relation to applicants, as provided by European norms, is also indicated. As a result, it is proposed to amend the current legislation, adapted to international law, including the main provisions of the UPOV Convention, which should positively affect the activities of breeders in the field of plant variety rights, encouraging them to new breeding achievements. Such changes will lead to the definition of the most effective priorities in crop production, will give new incentives to increase competition, which will have a positive impact on the development of the private sector of the agricultural sector.