Modern trends in the development of protection of intellectual property in the European Union in the context of the integration of Ukraine and the EU

Abstract

Keywords: protection of intellectual property rights, European Union, integrationof Ukraine and the EU, enforcement of intellectual property, copyright protection
 The modern development of EU intellectual property law in2017-2022 is studied. The active role of the European Commission in analysing the effectivenessof EU acts and determining plans for the development of the sphere of intellectualproperty in the EU is noted. Attention is drawn to the expediency of usingEuropean Commission documents within the framework of the integration of Ukraineand the EU regarding IP (IP action plan, COM/2020/760 final; IP enforcement system,COM(2017) 707 final; guidance on Directive 2004/48 /EC, COM(2017) 708 final,standard essential patents», COM(2017) 712 final etc; evaluation of design designsprotection, 2020; system of supplementary protection certificate, 2020; geographicalindications protection, 2020 etc.The essential importance of the DSM Directive (EU) 2019/790 with introduction ofa sustainable system of payment the fair remuneration to authors and performers aswell revocation mechanism regarding licence or the transfer of rights where there is alack of exploitation of that work, and the relevance of the implementation of theseprovisions in the legislation of Ukraine are emphasized.It is relevant to take into account the Guidance of the Commission on Directive2004/48/EC, in particular, that the right holder could demand that the damages set asa lump sum are calculated not only because of the single amount of that hypotheticalroyalty/fee, but also based on other appropriate aspects. Regarding Commission evaluationof the Regulations (EC) No. 469/2009 and No. 1610/96 concerning the supplementaryprotection certificate for medicinal products and plant protection products, itis relevant to take into consideration in the legislation of Ukraine not only the provisionsof the specified regulations, but also the decisions of the ECJ on the interpretationof the specified acts.
 Regarding geographical indication protection for craft and industrial products inthe EU-registration of GI for non-agricultural products is possible in Ukraine. However,the activities of the ministries need to be particularly strengthened, consideringthe experience of Poland, Moldova and other countries that envisage support fromgovernment authorities for the identification of promising geographical indications,assistance in creating associations of individuals to submit GI applications and in thepreparation of applications, as well as stimulating activities for the protection of GI.The relevance of the adoption in Ukraine of the Strategy for the Development ofthe Intellectual Property Sphere in Ukraine, which was developed in cooperation withWIPO back in 2019 and contains European oriented guidelines for the development ofthe sphere of intellectual property in Ukraine, is noted.