Економіко-правові засади захисту інтелектуальної власності: український та європейський досвід

Abstract

The article is devoted to the identification and substantiation of economic and legal foundations of the system of intellectual property protection from the standpoint of the formation of domestic and European experience. The current stage of development of the world raises the issue of intellectual property protection in the context of ensuring economic development and increasing their attractiveness for international cooperation. Approaches to the definition of «intellectual property», objects of intellectual property and industrial property and their classification are widely covered in the scientific literature. It is determined that the object of intellectual property is an intangible result of intellectual activity, recorded on a tangible medium, and gives its author the exclusive ownership of this result, which is acquired, exercised and protected in accordance with applicable law. Given the importance of intellectual property for the development of countries, intellectual property law was formed as a separate sub-branch of civil law. It is established that the protection and defense of intellectual property is possible provided that the relevant legal framework. Modern legislation in the field of intellectual property includes the Constitution, Codes and Laws of Ukraine, Decrees of the President of Ukraine and Resolutions and orders of the Cabinet of Ministers of Ukraine, current standards in the field of intellectual property, departmental regulations, international treaties and agreements in the field of intellectual property. The institutional basis of the state system of legal protection of intellectual property is a number of specialized institutions with defined tasks and functions. The strategic tasks of the state on the development and protection of intellectual property in Ukraine are performed by the National Intellectual Property Office. Modern processes of reforming the system of intellectual property protection are associated with the process of European integration and implementation of the provisions of the Association Agreement between Ukraine and the EU.