LEGAL BASIS OF THE INTELLECTUAL PROPERTY RIGHT IMPLEMENTATION IN THE DIGITAL SOCIETY

Abstract

The article analyzes the legal basis of the intellectual property right implementation in a digital society. It has been determined that ensuring the development of the sphere of intellectual property, first of all its component – the implementation of intellectual property rights, as an important element of the national innovation system and the basis of the innovative economy of the state, is possible if there is an appropriate regulatory framework adapted to modern socio-economic and political conditions. In the course of the study, it was established that modern domestic law is going through the stage of finding a balance of private law and public law interests both in social practice and in legal regulation for the sake of the harmonious development of society. This approach should also be followed with regard to public relations in the field of intellectual property, where private and public interests intersect. It has been established that the legal basis for the implementation of intellectual property rights contains laws, by-laws, international conventions and treaties ratified by the Verkhovna Rada of Ukraine. It has been established that the rapid technological breakthrough in the world poses new challenges to intellectual property rights. The state and content of legal norms regarding intellectual property are analyzed and it is established that they are the basis for the implementation of intellectual property rights. It has been established that the legislation of Ukraine on intellectual property needs to be further developed, updated, balanced, harmonized with international legal norms and standards. It is proposed to systematize the rules of law in the area under study by codification.