Revisiting the juridical concept of «selection achievements» according to the legislation of some member - states of the Eurasian Economic Union: peculiarities, problems and ways of solution Cover Image

К вопросу о юридическом понятии «селекционные достижения» по законодательству некоторых государств - членов Евразийского экономического союза: особенности, проблемы и пути их решения
Revisiting the juridical concept of «selection achievements» according to the legislation of some member - states of the Eurasian Economic Union: peculiarities, problems and ways of solution

Author(s): Alesia Gorelko
Subject(s): Economy, Law, Constitution, Jurisprudence, Supranational / Global Economy, International relations/trade, EU-Legislation
Published by: Baltijas Starptautiskā akadēmija
Keywords: intellectual property; selection achievements; genetic engineering; variety of genetically engineered plant; breed of genetically engineered animal; Eurasian Economic Union;

Summary/Abstract: The article is dedicated to the question of the development of the legal definition of the concept “selection achievement” as an object of industrial property right. This question has been insufficiently developed in the theory of civil law. Peculiarities and problems of legislative fixation of the definition of this concept have been researched in the normative and legal acts of various countries - members of the Eurasian economic union (EAEU). A special attention has been paid to the currently unresolved problem in the science of law, that is, the acknowledgement of plant variety and animal breeds, created with the help of genetic engineering methods and selection achievements. In the result of the conducted theoretical legal research, and taking into account the legal essence and specifics of the selection achievement, which is a variety of intellectual activity, the definition of the legal concept “selection achievement” has been formed, alongside with the directions to the perfection of the legislation of the Republic of Belarus in the given sphere with the tendencies to its harmonization and unification within the frames of the Common Free Market Zone and Eurasian economic community.

  • Issue Year: 41/2016
  • Issue No: 2/3
  • Page Range: 13-22
  • Page Count: 10
  • Language: Russian