HISTORICAL ASPECTS OF THE CREATION AND USE OF MEDICINES, THEIR LEGAL PROTECTION IN UKRAINE

Abstract

One of the fundamental directions of Ukraine’s development is the acquisition of the status of a developed state with a market economy. Therefore, nowadays it is important to take into account the advantages of free trade, as well as the peculiarities of the international system of legal regulation of it in order to improve the national legislative framework. Scientific and technical progress becomes significant in the context of the development of almost all spheres of society’s life. Today, the system of regulatory regulation of relations related to inventions is an important direction for creating a favorable technical, economic, and social climate. After all, its construction will contribute to the formation of the country’s competitiveness in the context of rapid globalization and international cooperation. It is worth noting that one of the international treaties that are signed when any country joins the WTO is the TRIPS agreement, which establishes appropriate standards in the field of rights to intellectual property objects and obliges COT countries to provide patent protection for these products and their production processes for a period of 20 years or more. These standards apply, in particular, to medicinal products. In the field of medicinal products today, there is a conflict between the interests of their manufacturers, who invest in their development and implementation through the right of intellectual property, wanting to obtain a “monopoly” on a certain medicinal product, and consumers who are interested in access to medicines, their effectiveness and safety for life and health. Therefore, in the interests of society and in order to ensure the safety of its life activities, the regulation of intellectual property in relation to medicinal products is subject to appropriate legislative intervention and restrictions. The purpose of the article is to study the historical aspects of the legal regulation of the creation and use of medicinal products in Ukraine, which should take into account the combination of private law and public approaches, providing the necessary conditions for the regulation of relations in the field of intellectual property in relation to medicinal products.