The Intellectual Property Law System in the EAEU Member States: Comparative Study

Diana. V. Ivanova ()
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Diana. V. Ivanova: Belarusian State University

Science Governance and Scientometrics Journal, 2023, vol. 18, issue 2, 286-307

Abstract: Introduction. Improving the system of intellectual property protection and enforcement has a special place in the Eurasian Economic Union (hereinafter EAEU). Since 2014, a number of EAEU international agreements have entered into force that are directly relevant in this area. The purpose of this study is to conduct a comparative legal analysis of the EAEU member states' legislation in the field of intellectual property, based on which conclusions are drawn on ways to harmonise the national legislation of EAEU member states in the field of intellectual property in accordance with the provisions of international agreements. Methods. In the research process, the comparative legal method, as well as methods of system-structural analysis, were used. Results and Discussion. The paper examines the main provisions of the Treaty on the Eurasian Economic Union of 29 May 2014, the Protocol on the Protection and Enforcement of Intellectual Property Rights (Annex 26), the Treaty on Coordination of Actions to Protect Intellectual Property Rights (signed in Grodno on 08 September 2015), the EAEU Agreement on the Collective Management of Copyright and Related Rights (signed in Moscow on 11 December 2017), and the Treaty on Trademarks, Service Marks and Appellations of Origin of Goods of the Eurasian Economic Community. It is concluded that the provisions of national law are not always fully consistent with them. Conclusion. As a result of the study, it was concluded that a comparative legal analysis of the EAEU member states' legislation in the field of intellectual property, as well as a comparison of the said legislation with the requirements of already adopted agreements within the EAEU, demonstrated the presence of both unified provisions and divergences of varying degrees of significance. Harmonisation does not mean that the legislation of all EAEU member states must be absolutely identical in the field of intellectual property. However, it is also clear that a convergence of approaches is possible and desirable on a number of points.

Keywords: Harmonisation of intellectual property law; intellectual property law; intellectual property; legal system; EAEU (search for similar items in EconPapers)
Date: 2023
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Persistent link: https://EconPapers.repec.org/RePEc:akt:journl:v:18:y:2023:i:2:p:286-307

DOI: 10.33873/2686-6706.2023.18-2.286-307

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