CRIMINAL AND LEGAL PROTECTION OF THE RIGHTS OF INTELLECTUAL PROPERTY FOR MEDICINES: PROBLEMS OF JUDICIAL PROTECTION

Abstract

The socio-economic, political and legal situation of Ukraine is burdened by a military-armed conflict, a regime of martial law in its certain regions, and in general, intensifies the actualization of the protective function of the state in all spheres of vital activity of society, and especially in the sphere of ensuring the human right to life and health.The heart of modern state policy of Ukraine is based on the European and international vector of state development, its main institutions, including legal ones, which are reflected in the strategies, concepts, programs of development and covered by the reforms that are carried out in our country. The prerequisites for economical, politicaland social stability in our country today are the guarantee of economic security of the state, and one of its directions are the ensuring of criminal protection of intellectual property, whose objects, through their profitability, attract the attention of the criminal world and become the object of criminal encroachment. Crimes against intellectual property rights for medicinal products combine economic and intellectual property crimes, which further complicate the organization of counteraction to them, both from the point of view of criminal prosecution and the use of organizational, administrativeand criminal measures to prevent them. The competitive environment that is characteristic of a market economy is due to an urgent need for the security and protection of intellectual property rights for medicines as a vital object of intellectual property right that ensures the fundamental human right to life and health. The role of criminaljustice and the institute of judicial protection of intellectual property rights for medicines is conditioned by the real needs of society in legal protection. Today it can be argued that intellectual property rights for medicines have both a low level of legal protection and problems of judicial protection, that is, a practical realization of these rights. In view of the organizational and legal obstacles, the newly created The High Court of Intellectual Property in Ukraine for several years have never started its work, which in turn creates obstacles to the protection of intellectual property rights in court. In the field of criminal law, further active research today requires the study of objects of intellectual property rights as objects of criminal law protection in order to create proper protection of them by the rules of criminal law and to provide the legal basis for the activity of The High Court of Intellectual property.