COUNTERACTION TO LAWBREAKING IN THE SPHERE OF INTELLECTUAL PROPERTY IN UKRAINE: HISTORICAL AND LEGAL ASPECT

Abstract

Foreign experience shows that intellectual activity becomes a defining and decisive driving force of any development. First of all it defines the strategy and tactics of social and economic progress of any country. National administrative and legal legislation in the sphere of intellectual property protection is based on the requirements of the international conventions, their principles and market economy bases. However, the condition of struggle against offences in the sphere of intellectual property in our state does not meet requirements of nowadays. For many years Ukraine is included into number of first ten states of the world with the highest level of offences in this sphere which certifies about the presence of problems which need immediate resolving. In article on the basis of the analysis of scientific views of scientists and norms of the legislation the dynamics of counteraction to offences in the sphere of intellectual property is ascertained. The essence of such important legal category as intellectual property is defined. The causes and conditions which promote to the occurrence of offences in the sphere of intellectual property in Ukraine are ascertained, and also possible ways of overcoming determinants of offences in this sphere are outlined. Having carried out the historical and legal analysis of legal regulation of counteraction to offences in the sphere of intellectual property, it’s necessary to notice that for today there is a considerable quantity of laws and by-law regulatory legal acts which to some extent counteract offences and protect the rights ofpersons in this sphere. A considerable quantity of such acts caused the necessity of their systematization that in its turn will promote to effective and qualitative counteraction to offences in considered sphere. It’s supposed as necessary and expedient to adopt a uniform normative-legal act which would define main principles of counteraction to offences in the sphere of intellectual property in Ukraine.