Patent monopoly: the impact on competition, «patent trolling» and «gray import» in Ukraine.

Abstract

The recent trends in the use of intellectual property in Ukraine and worldwide cause aggravation question of "unlawful" and "unfair" use of patents and the emergence of such phenomena as "patent trolling" and "gray import". In this research article it was outlined some of the scientific theoretical basis of patent, investigated the mechanism of "gray import" and its root causes. It was defined the origin question of the term "patent trolling", its main characteristics and application examples in the world and home practice of management. Definitions of "patent trolling" and "gray import" as the negative effects of the patent monopoly. But also it was noted that one of the way to stimulate innovative activity is to provide the inventor a monopoly on the use of established product introduction in the production and sale of its market to obtain excess profits by issuing a patent