PATENT LAW AND PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

Today, the issue of effective legal protection of the results of intellectual activity is one of the most urgent. Firstly, this is due to the fact that, in the context of globalization processes, society is moving into a relatively new era, when the main value is information and knowledge in the context of the qualities of creating something new. Against this background, the study of patent trolling fully emerges as one of the main negative trends in the development of intellectual property, which has spread throughout the world. The article begins with a study of various theoretical and legal approaches to understanding the concept of «patent trolling», the reasons for its occurrence and the impact on intellectual property in the world. Based on the analysis of scientific literature, international acts and legislative acts of different countries, the author reveals his experience regarding possible solutions to prevent patent trolling. The main prerequisites for the emergence of patent trolling are: accelerated growth in the number of inventions that improve social life; certain loyalty of legal systems to this activity; lack of a clear definition of wording at the legislative level. Features of a patent troll as an entity include: he is a legal entity or an individual; the main type of its activity is patenting or other type of legalization of intellectual property rights; patent troll specializes in buying and reselling rights. Analyzing and borrowing the experience of foreign countries in the field of combating patent trolling would be quite useful for Ukraine, since this phenomenon arose in them much earlier. In addition, the fight against patent trolls in these countries has been going on for decades. Despite the differences in legal systems, the experience of the United States is good, especially in the process of challenging the rights of a bona fide owner of intellectual property. Also, the main measures that will contribute to the destruction of patent trolling can be: approval of the general insurance premium; introduction of trolling deposit; simplifying the procedure for contesting trolling patents; introduction of an additional criterion of patentability of industrial designs.