CONCEPTUAL GROUNDS FOR DEVELOPMENT OF EFFECTIVE LEGAL ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS IN CYBERSPACE

Abstract

The study gives the definition of conceptual grounds for the development of effective legal enforcement of intellectual property rights in cyberspace and reveals the basis for regulating the building of such legal enforcement. The author analyzed approaches of scientists and practitioners who worked on the development of conceptual grounds for the building of effective legal enforcement of intellectual property rights in the information domain, based on their work valuable conclusions were drawn and the conceptual basis of the article was formed. During the research generally accepted criteria of scientific objectivity and general scientific methods of cognition, were used, in particular empirical, сomplex, and other methods such as abstraction, analysis, synthesis and synergy, deduction, inference by analogy, formal logic, comparative legal methods, and the like. Copyright and industrial property law served as the basis for regulating the building of effective legal enforcement of intellectual property rights in cyberspace copyright law in this study. The so-called digital problem was also raised during the research. The author made an in-depth analysis of the existing doctrine which served as conceptual grounds for the development of effective legal enforcement mentioned, pointed out their benefits, and gave recommendations for the development of Ukrainian regulatory instruments for legal enforcement of intellectual property rights in cyberspace. Such guidance developed by the author is especially important today when the Ukrainian state has experienced a full-scale invasion launched by the Russian Federation, which is actively using all available levers of influence, including information, to capture and suppress an independent and free nation.