INTELECTUAL PROPERTY STATE ADMINISTRATION IN THE SPHERE OF NATIONAL SECURITY AND DEFENSE

Abstract

Some issues concerning the state administration of intellectual property in the field of national security and defense are considered. The legislation of Ukraine, which defines the principles of the statepolicy on the issues of national security and defense, concerning the intellectual property protection is analyzed. The importance of intellectual property protection and the need to improve the legislation on the regulation of intellectual property management issues in the field of national security and defense are noted. The comprehensive provision of national security and defense is a strategic taskfor the preservation of independence and development of the country nowadays. With the rapid development of scientific and technical as well as technological progress, all kinds of security are gaining the new meaning by including the need to ensure proper protection and management of intellectual property. Therefore, national security is impossible without considering and resolving the intellectual propertyproblems. Intellectual property itself is a connecting element in the chain between science that produces new knowledge and technology, and industrial production, where they are implemented. In addition, intellectual property objects fulfill an important function in ensuring the national defense capability, especially in the developmentof armament and military equipment and the implementation of international military-technical cooperation.Thereby ensuring state security is impossible without improving the system of legal protection and development of state administration in the process of using the objects of intellectual property rights, especially those contained in military and dual-use goods.To resolve this issue, it is necessary to implement into the legislation of Ukraine a set of laws regarding the provision of state intellectual property management that directly affects the national security of Ukraine and protects the interests of the state when creating objects of intellectual property rights in the defense sphere.The owner of such objects of intellectual property rights should be the state, and the administrator (custodian) of the property rights to such intellectual property is the state body with the delegated rights this purpose. Such an authority should have exclusive rights to intellectual property objects created under a public contract for public funds and receive limited rights to technical data related to national securityand received at the expense of the contractor for their use only by public authorities for public needs.