Center for Harmonization of Human Rights and Intellectual

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1 Center for Harmonization of Human Rights and Intellectual Property Rights Conception Of the Development of Scientific Direction: Harmonization of Human Rights and Intellectual Property Rights in the Sphere of Medicine and Pharmacy 1. GENERAL PROVISIONS The Conception Harmonization of Human Rights and Intellectual Property Rights in the Field of Medicine and Pharmacy (hereinafter Conception ) is one of the scientific direction of the research and educational activities of the Center for Harmonization of Human Rights and Intellectual Property Rights if the Intellectual Property Research Institute of the National Academy of Law Sciences of Ukraine. The Conception is developed in accordance with the priorities of the State Conception of the Development of Science of Ukraine, the Law of Ukraine On State Program of Adaptation of Ukrainian Legislation to the Legislation of the European Union, the Law of Ukraine On the basis of public policy in science and scientific activity. Conception defines social background, objectives, principles and legal methods of harmonization of Human Rights and Intellectual Property Rights. The scientific development of the Conception directions is providing by the Center for Harmonization of Human Rights and Intellectual Property Rights if the Intellectual Property Research Institute of the National Academy of Law Sciences of Ukraine.

2 2. CURRENT STATUS Natural Rights are those that belong to Man because the Man exist. There are the Rights of free thinking and Intellectual Rights, and rights to act on own benefit, and there are all others rights to act on own prosperity and happiness, if it does not restrict the natural rights of others. Thomas Paine The beginning of the XXI century determines the problem of surviving of the human population in the reality of global economical, ecological and epidemiological processes. Scientific progress in the sphere of medicine and pharmacy are hostage of the monopolization of theirs achievements. Natural Rights to life and health lost their priorities before the intellectual property rights. n the European legal doctrine of Intellectual Property rights XX-th century is characterized by the policy of the absolutization of the rights of the inventor through the passing the interests of society. Actually we are at the beginning of the process of turn to the priority of Natural Rights in the sphere of Intellectual Property especially in the sphere of medicine and pharmacy. 3. PURPOSES AND EXPECTING RESULTS Ukrainian legislation and doctrine of Intellectual Property Law is a part of the continental European legal family. Ethical and moral norms of modern society demands the creation of new scientific ethical background in the sphere of protection of the intellectual property objects. Ukrainian legislation on Intellectual Property is developing

3 in two main directions. The first direction is to improve legal mechanisms for protection of Intellectual Property; the second direction is to harmonize the Human Rights and Intellectual Property Rights. The paradigm of harmonization of human rights and intellectual property rights has a number of scientific problems. The determining of these scientific problems and the choosing the legal mechanisms of theirs successful solution is a guarantee of scientific progress in biomedical and pharmaceutical research basing on the Rule of Natural Rights. Main goals of the researches: (i) implementation of the principle of Rule of Natural Rights into the Intellectual Property legislation. (ii) determination effective legal and economic mechanisms of harmonization the interests of all subjects of the process of creating intellectual product. (iii) education in the sphere of Human Rights and Intellectual Property Rights. (iv) analysis and implementation modern scientific ethos into Intellectual Property legislation. (v) promotion and assistance in creation legal mechanisms social influence into the state institutions to use the flexible provisions of international and national legislation the sphere of Intellectual Property to provide the access to the best scientific advances in medicine and pharmacy. 4. PRIORITY DIRECTIONS OF THE RESEARCHES 4.1. Legal protection of the results of scientific researches in the sphere of medicine and pharmacy. 1. The protection of moral rights of intellectual property in medicine. 2. The protection of property rights to the results of intellectual activities in the sphere of medicine. 3. Legal features of the legal nature of intellectual property

4 in medicine. 4. Legal regime of living beings as an object of intellectual property. 5. Legal and ethical issues of legal protection of medical treatments. 6. Legal protection of intellectual property in the sphere of assisted reproductive technologies. 7. Legal protection of intellectual property in the sphere of psychiatry 8. Legal protection of intellectual property in the sphere of psychology Legal protection of results of scientific researches and results of clinical researches in pharmacy as the objects of intellectual property 1. The protection of moral rights to the results of clinical researches in pharmacy. 2. The protection of property rights to the results of clinical researches in pharmacy. 3. The legal protection and legal regime of the results of clinical researches as intellectual property objects. 4. The legal nature of generic drugs Legal issues of harmonization of the rights of inventors, medical institutions and pharmaceutical companies in the field of intellectual property 1. Legal features and the legal status of medical workers as the subjects of intellectual property rights. 2. Legal and ethical aspects of independence of intellectual researches in the field of medicine and pharmacy. 3. Legal features of the patentability of inventions in the field of pharmacy. 4. The scope of legal protection of inventions in the field of pharmacy Legal aspects of relationship between the information

5 relations and relations of intellectual property in medicine and pharmacy 1. Legal aspects of differentiations between the information relations and relations of intellectual property in medicine and pharmacy. 2. Legal protection of trade secrets in medicine and pharmacy. 3. The legal nature of know-how and trade secrets in traditional medicine Legal nature and legal protection of commercial names, geographical names, trade and service marks in the field of medicine and pharmacy 1. The legal protection of trademarks in the market of medical services. 2. Legal nature of trade marks in the field of pharmacy. 3. Legal nature of commercial names in the market of medical services. 4. The legal protection of geographical names in the market of medical services Transfer of Technology in Medicine and Pharmacy 1. Legal forms of transfer of intellectual property in medicine and pharmacy 2. Legal nature of the contracts on the transfer of intellectual property rights in the sphere of medicine and pharmacy 3. Legal types of contracts on the transfer of intellectual property rights in the sphere of medicine and pharmacy. 5. THE FORMS OF CONCEPTION REALIZATION 5.1. Organization and Participation in scientific actions with the purpose of creation of the national legal doctrine of harmonization of human rights and intellectual property rights Organization the scientific research projects and participations in international research programs.

6 5.3. Conducting with the partners the sociological researches and monitoring the experience in the sphere of protection of Human rights and Intellectual Property rights in medicine and pharmacy Promoting scientific, educational and others actions for the proper of organization of advocacy in the sphere of access of medical treatment and drugs Involvement the young scientists to scientific developments and researches of the harmonization of Human Rights and Intellectual Property Rights Organization of scientific conferences, roundtables and other educational and scientific actions in the field of Human Rights and Intellectual Property Rights Cooperation with international governmental and nongovernmental organizations in the field of Human Rights and Intellectual Property Rights Publication of monographers, books, lectures, textbooks, dictionaries, in the sphere of harmonization of Human Rights and Intellectual Property Rights. 6. THE PARTNERS OF THE REALIZATION OF THE CONCEPTION The partners of the realization of the Conception are domestic, foreign and international institutions and NGOs which have professional interests in the sphere of Human Rights and Intellectual Property Rights, Medical Law and Bioethics. There are the following partners: National Research Center for Medical and Biotechnical Issues of National Academy of Sciences of Ukraine, National Medical Academy of Postgraduate Education named for P.L. Shupyk, Institute of Psychology named for G.S. Kostiuk National Academy of Pedagogical Sciences of Ukraine, Institute for Legal Studies of the Hungarian Academy of Sciences (Budapest, Hungary), Intellectual Property Law Institute of Jagiellonian University (Krakow, Poland), John Paul II Catholic University of Lublin (Lublin, Poland), International Renaissance Foundation (Kyiv, Ukraine), NGO

7 Foundation for Medical Law and Bioethics, Ukrainian Community Advisory Board (UCAB), All-Ukrainian network of PLWH. 7. FINAL PROVISIONS The Conception of scientific direction Harmonization of Human Rights and Intellectual Property Rights in the field of Medicine and Pharmacy is open to suggestions of scientists to expand research priority themes. The provisions of Conception and scientific directions are the intellectual property of the Intellectual Property Research Institute of the National Academy of Law Sciences of Ukraine.

Sadkovyi V.P., National University of Civil Defence of Ukraine, chancellor, PhD in Psychology, Full Professor, Kharkiv

Sadkovyi V.P., National University of Civil Defence of Ukraine, chancellor, PhD in Psychology, Full Professor, Kharkiv State mechanisms of reformation and becoming of the system of preparation of specialists