Abstract
The legislation of Ukraine, which defines the state policy in the sphere of defense, is considered in relation to the regulation of issues related to ensuring the realization of intellectual property rights in the process of improving the state defense capability. The necessity of the improvement of the legislation is clearly indicated in order to clearly identify all possible violations of these rights and ensure the inevitability of punishment for violations of intellectual property rights.Without theoretical substantiation of the principles of forming a state policy on ensuring the state's defense capability taking into account intellectual property issues that affect and will affect all spheres of the state's life, it is impossible to provide defense capability, which determines the relevance of this publication.In order to ensure the proper level of national security and defense of any state, it is necessary all central executive authorities should work continuously and systematically in peacetime.To ensure an adequate defense level of the state, these measures should aim at the creation and implementation of cutting-edge technologies in all areas, especially in the development of the objects of intellectual property rights. And this involves the creation and use of the objects of intellectual property rights. The effectiveness of this process mainly depends on targeted state policy on creating favorable conditions for the protection of intellectual property in the process of transforming the intellectual potential into a specific intellectual product, as well as ensuring equal conditions for the realization of their rights to all participants in the process and the inevitability of punishment for violation of intellectual property rights.In order for the realization of intellectual property rights in Ukraine in the defense sphere to be in line with best principles and proper international practice, it is worthwhile to draw attention to the following:legislative guarantee of protection of intellectual property rights;a clear definition of violations of these rights;the inevitability of punishment for violations of intellectual property rights.At the same time, analyzing the existing state of ensuring the realization of intellectual property rights in the defense sector of Ukraine, one can conclude that the current legislation is imperfect in these areas.
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