Influence of intellectual property rights influence on the defense capacity of the state

Abstract

The violation of intellectual property rights in the defense sphere and its influence on the state defense capacity is consid­ered. The legislation of Ukraine regulating activities related to the development of ar­maments and military equipment, as well as the performance of international mili­tary and technical cooperation, regarding the intellectual property protection, is ana­lyzed. The necessity of the legislation improvement on the regulation of intellectual property protection issues in the defense sphere is noted.The development of military capabilities in the context of Ukraine’s defense capac­ity, to a large extent, depends on the equipment of the Armed Forces of Ukraine with modern weapons and military equipment, which is created on the basis of intellectual property rights objects (hereinafter — IPR objects). The more complex a weapons and military equipment, the more IPR objects are used, which may belong to different subjects of intellectual property rights. Unlawful use of these IPR objects or other vio­lations of intellectual property rights may lead not only to significant financial losses, but also to the loss of IPR objects themselves or to the prohibition of the use of weapons, which will negatively affect the defense capacity of the state.However, the experience has shown that the issues of intellectual property protec­tion, especially in the defense sector, are not fully regulated, so many violations of intel­lectual property rights occur at each stage of the development of weapons and military equipment. These violations cause not only the mental and material losses of the au­thors of IPR objects and patent holders, but also affect the defense capacity of the state.