Legal regulation of grape variety registration in Ukraine according to international requirements

Abstract

Purpose. To substantiate the legal regulation of the re­gistration of grape varieties in Ukraine in order to harmonise the national legislation with the European requirements and standards. Methods. The materials used were the regulatory documents of UPOV, CPVO and EU countries, national regulations in the field of examination, registration and commercial use of grape varieties. Results. The current state and problems of viticulture in Ukraine were analysed. In particular, the current legal acts regulating the registration and commercial circulation of grape varieties in our country and in the European Union were studied. The experience of Italy, one of the leading European countries in viticulture and oenology, was studied. In particular, the article examines the peculiarities of the national catalogue and the conditions for the marketing of varieties and clones, as well as the use of vineyards after the grapes have been excluded from the catalogue. At the same time, the author analysed the financial sanctions that this country imposed on economic entities (legal persons) in the case of the creation or maintenance of industrial plantations with nonregional varieties at the expense of the State. The Italian regulatory act regulating the content and procedure for filing an application for registration of varieties and clones was stu­died. The list of requirements and information to be provided by the applicant in the process of preparing the application documents was determined; the expediency of their use in the development of national legislation of Ukraine was established. The author has also examined the draft Law 9139 of 22 March 2023 “On grapes and vine products”, assessing its positive impact on the market environment, the protection of the rights and interests of economic entities, the State and citizens, providing them with high quality pro­ducts with special characteristics caused by natural factors of the area of origin. Conclusions. There is some inconsistency between Ukraine and the EU countries regarding the conditions for acquiring and the scope of rights to grape varieties and their clones, which requires further regulation at the legislative level.