Standards Requirements as a Means of Prevention Infringement of Intellectual Property

  • Tetiana G. POPOVYCH Academician F. H. Burchak Scientific Research Institute of Private Law and Entrepreneurship of the National Academy of Legal Sciences of Ukraine
Keywords: WIPO standards, DSTU, intellectual property relations, private law, public relations


The publication proposes to consider standardization as a special tool for regulating public relations, which arise in the field of intellectual property, including in the pharmaceutical industry. It is proposed to apply the requirements of standardization as formal rules, which allow denial of rights in this area. It is noted that despite the common nature all intellectual property have very specific process for the creation, purpose and methods of use. Therefore, these issues are regulated by acts with special content, dedicated to the protection of various intellectual property. The functions of special laws are: complex regulation of relations in the field of use of a particular object, including the public law sphere, detailing the property relations regulated by the Civil Code of Ukraine, definition of all important concepts and terms. They also are a convenient way to fill gaps, as practice detects. Intellectual property must be properly organized and formalized in documents (standardized). Standardization is associated with our products, which are mass, where each unit should not differ from the others. The paradox is that standardization plays a significant role in managing the economy to increase the efficiency and productivity of social production and improve product quality. A characteristic feature of standardization is that its scope and application development level have a wide range. There is no sphere of human activity, which was not involved in standardization. With the spread and deepening of knowledge, the development of science and technology, the improvement of production, the scope of work is growing significantly and the scope of application of the principles of standardization is expanding.

From the purpose of standardization we can conclude that it is the organizational and technical basis of all activities at both the national and international levels. Strengthening scientific, technical and economic ties draws attention to the standardization of all developed and developing countries, as well as technical, economic, international, regional and national organizations, businesses and individuals. This is the result of objective necessity streamline management processes and economic production processes. In the field of pharmacopoeia ISO-standards are internationally applicable. These are mostly standards for equipment in the pharmaceutical industry. The standards of the World Intellectual Property Organization are aimed at solving the problem of standardization of patent information and documentation.

The development of intellectual property relations includes the harmonization (adaptation) of Ukrainian legislation to the international standards for regulation of economic relations, to the legislation of international economic unions, including all those unions which Ukraine participates in or plans to participate (including the European Union). In 1997, Ukraine initiated a system of state standards in the field of industrial property and commissioned standards DSTU 3574-97 (Patent form. The main provisions.Drawing up and design) and DSTU 3575-97 (Patent research.The main provisions and procedures).

The author proposes to understand standardization and other means of regulatory influence of the state as those that are able to balance public and private interests, which will allow the development of industries that have mixed regulation, including intellectual property rights. If we consider standardization as a means of regulation is a legal category to achieve a specific result, it is a way to influence the relationship of intellectual property (constraining external factors on the will of the subjects) and the right way (creating formal rules to secure the rights of subjects). This is how the combination of private and public in the field of intellectual property takes place.


Popovych, T. H. (2004) Yevropeiskyi Soiuz: perspektyvy dlia ukrainskykh pidpryiemstv. In Normatyvno-pravove zabezpechennia yevroatlantychnoi intehratsii Ukrainy. Seriia «Doslidzhennia i rozrobky u sferi yevroatlantychnoi intehratsii Ukrainy», 1, 159–161.

Popovych, T. H. (2016) Zmina pravovykh zasad u sferi tekhnichnoho rehuliuvannia v Ukraini vidpovidno do vymoh YS. Pryvatne pravo i pidpryiemnytstvo, 16, 141–144.

WIPO Standards, Recommendations and Guidelines. (n.d.) Retrieved from The World Intellectual Property Organization :

Metodycheskye rekomendatsyy po provedenyiu patentnыkh yssledovanyi. Moskva : VNYYPY, 1988. 174 s.

Petrova V. L. (ed.) (1999) Patentni doslidzhennia. Kyiv, In Yure.

H. P. Kraichynska, H. P. Dobrynina, V. P. Herchanivska at el. (1997) Patentni doslidzhennia. Osnovni polozhennia ta poriadok provedennia: DSTU 3575-97. Kyiv, Derzhstandart Ukrainy.

Tymoshenko, V. S., Bakunova, H. H. (1996) Systema rozroblennia ta postavlennia produktsii na vyrobnytstvo. Osnovni terminy ta vyznachennia: DSTU 3278-95. Kyiv, Derzhstandart Ukrainy.

Economic Law; Economic Procedural Law