Patent Trolling as Problem of Intellectual Property Rights

Vyacheslav V. Volik, Serhii Di

Abstract

The article describes the concept of patent trolling as a modern problem of intellectual property rights protection in Ukraine and the world. The purpose of patent trolling as an offense and the negative consequences associated with its commission is determined. It has been established that one of the ways to counteract patent trolling is to adopt appropriate legislative acts. Taking into account the experience of the USA and Germany in the field of prevention of patent trolling. The emphasis is made on such ways of counteracting patent trolling as the duty of the person who holds the patent to review the dispute by a court to make a pledge in the amount of the potential costs of the parties to the trial, as well as the reimbursement of all costs to the party losing the dispute. It has been identified that Ukrainian legislation approaches differently the definition of the conditions for the patenting of inventions, utility models, industrial designs, which promotes the proliferation of patent trolling and indicates the need to provide them with the same conditions of protection. The content and reservations regarding the initiative of the European Union to create the Unified Patent Court and the introduction of a unified European patent are considered.