Intellectual Property In Ukraine Research Articles

Legal regulation of inventions, utility models in Ukraine and the EU

The author considered the legal regulation of inventions and utility models in Ukraine and European experience. The legislation of Ukraine by year regarding inventions, useful models and the experience of solving issues in this field of some European countries was analyzed by year . The importance of gaining experience for development of a more predictable policy in the field of intellectual property and harmonization of Ukrainian legislation with international legal norms as well as adaptation of Ukrainian legislation to the EU legislation were determined. The importance of working with intangible assets, in particular, in the conditions of russia's aggressive war against Ukraine, was determined, as far as it is a proven way to ensure economic growth and stability. Intangible assets include the results of research and development works, in particular, inventions, useful models, etc. Intangible assets, invisible to a non-specialist, can help to improve economic prospects, create higher-paying jobs and improve product quality as well. On the basis of the study of legislation in the field of intellectual property in Ukraine and the EU, there were identified some issues, that require deeper study and quick resolution needed for the development of Ukrainian economy. Namely, shortening the terms of examination of inventions and useful models, finding new ways to increase the motivation of authors to create inventions and useful models. During the research, it was found that a patent for a utility model can provide advantages to its owner on the market for a short time, since after 2-3 years, when a patent for an invention can be obtained, the product under the patent will no longer find demand and will not allow the manufacturer to return the investments, spent on its development and promotion to the market. Therefore, in order to preserve some branches of industry in Ukraine, it is proposed to leave the object of a useful model, the legal protection of which is provided – it can be a substance. This will save, for example, the chemical and oil refining industries in Ukraine.

Consideration of intellectual property law in the context of European Union practice

The development of effective legislation on intellectual property in the context of shaping a digital society is an important issue for ensuring the stable development of innovation and protecting creators’ rights. The aim of the work is to analyse the constitutional and international principles of legislative regulation in the field of intellectual property law in the European Union to improve its legal regulation in Ukraine. The scientific basis was the application of the dialectical method as a way to delve deeper into the issues of intellectual property law, as well as the use of methods such as detailing and synthesis, abstraction, analysis and synthesis, and comparative legal method. The peculiarities of legislation on intellectual property in Ukraine and the European Union have been studied, revealing the lack of unified legal regulation of intellectual property issues. Experience confirms that institutional support is necessary for the field of intellectual property in Ukraine. To determine an effective state policy, it is necessary to develop and implement new terminology in the field of copyright protection. In the past, insufficient international cooperation has led to Ukrainian legislation not meeting modern requirements, especially in actively developing areas that require special terms and designations for the protection of intellectual work results. Based on the results of the conducted research, it has been established that the system of intellectual property protection in Ukraine is developing and requires constant improvement. The existence of violations of intellectual property rights indicates the need for the implementation of a programme to improve this system, as state protection of intellectual property is the main aspect of developing an innovative economy and increasing Ukraine’s competitiveness. In other words, due to significant gaps in legislation, manufacturers of innovative products will not rush to introduce them to the Ukrainian market, and high-tech start-ups are not protected from unfair copying of ideas. Also, based on the research results, gaps have been identified in the regulation of legal regimes for texts, music, and images generated by artificial intelligence. The research results can be useful for legislators working on improving legislation on intellectual property and for the development of strategies for managing intellectual property, which will contribute to increasing competitiveness and innovative development of business

To the question reform of the state system of legal protection of intellectual property in Ukraine

The article highlights the current state of intellectual property protection in Ukraine. It is emphasized that in accordance with the provisions of Art. 41 of the Constitution of Ukraine, everyone has the right to own, use and dispose of their property, the results of their intellectual and creative activities. Article 55 of the Constitution of Ukraine stipulates and guarantees everyone the use of all national types of legal protection, protection of rights and freedoms in court. According to the second part of Art. 124 of the Basic Law, the jurisdiction of the courts extends to any legal disputes and all legal relations arising in the state. In addition to the guaranteed constitutional right to judicial protection of intellectual property rights, the norms of special legislation in the field of intellectual property determine the legal basis for the protection of violated rights.
 In connection with the reform of the state system of legal protection of intellectual property, the Concept of reforming the state system of legal protection of intellectual property in Ukraine, approved by the order of the Cabinet of Ministers of Ukraine dated June 1, 2016 No. 402-r, was analyzed, which states that the state system of legal protection of intellectual property property implements the state system of legal protection of intellectual property, and also draws attention to the imperfect and inert system of state management of intellectual property, which has led to the absence of significant changes in the adaptation of the legislative framework to modern economic and political conditions (the fight against patent trolling, Internet piracy, satisfaction needs of the IT industry, military industry), as well as the National Strategy for the Development of Intellectual Property in Ukraine for the period until 2020, where a two-level structure of the state system has been created instead of a three-level structure. Separate provisions of the legislation, the norms of which guarantee the protection of intellectual property rights, as well as special laws and by-laws defining the reformation and functioning of the state system of legal protection of intellectual property, are considered. Attention is drawn to the fact that today the state system of intellectual property protection in Ukraine has an extensive system of state authorities that ensure the protection and protection of the violated subjective rights of copyright holders. The existing problematic issues of intellectual property protection are analyzed and the author’s proposals for improving the state of protection and protection of intellectual property rights in Ukraine are formulated.

To the question reform of the state system of legal protection of intellectual property in Ukraine

The article highlights the current state of intellectual property protection in Ukraine. It is emphasized that in accordance with the provisions of Art. 41 of the Constitution of Ukraine, everyone has the right to own, use and dispose of their property, the results of their intellectual and creative activities. Article 55 of the Constitution of Ukraine stipulates and guarantees everyone the use of all national types of legal protection, protection of rights and freedoms in court. According to the second part of Art. 124 of the Basic Law, the jurisdiction of the courts extends to any legal disputes and all legal relations arising in the state. In addition to the guaranteed constitutional right to judicial protection of intellectual property rights, the norms of special legislation in the field of intellectual property determine the legal basis for the protection of violated rights.
 In connection with the reform of the state system of legal protection of intellectual property, the Concept of reforming the state system of legal protection of intellectual property in Ukraine, approved by the order of the Cabinet of Ministers of Ukraine dated June 1, 2016 No. 402-r, was analyzed, which states that the state system of legal protection of intellectual property property implements the state system of legal protection of intellectual property, and also draws attention to the imperfect and inert system of state management of intellectual property, which has led to the absence of significant changes in the adaptation of the legislative framework to modern economic and political conditions (the fight against patent trolling, Internet piracy, satisfaction needs of the IT industry, military industry), as well as the National Strategy for the Development of Intellectual Property in Ukraine for the period until 2020, where a two-level structure of the state system has been created instead of a three-level structure. Separate provisions of the legislation, the norms of which guarantee the protection of intellectual property rights, as well as special laws and by-laws defining the reformation and functioning of the state system of legal protection of intellectual property, are considered. Attention is drawn to the fact that today the state system of intellectual property protection in Ukraine has an extensive system of state authorities that ensure the protection and protection of the violated subjective rights of copyright holders. The existing problematic issues of intellectual property protection are analyzed and the author’s proposals for improving the state of protection and protection of intellectual property rights in Ukraine are formulated.

FACTORS INFLUENCING CHANGES IN CHARACTERISTICS AND TYPES OF INTELLECTUAL PROPERTY OBJECTS IN CURRENT TRENDS IN INDUSTRIAL ENTERPRISE MANAGEMENT AND TECHNOLOGICAL INNOVATIONS

The management of industrial enterprises in modern trends is multifaceted, among which the use of intellectual property plays an important role, which, in turn, is a means of increasing competitiveness, efficiency and profitability. The purpose of the article is to analyze the factors of changes in the features and types of intellectual property objects in modern management trends of industrial enterprises. The article analyzes the legislative regulation regulating the protection of intellectual property in Ukraine. Objects of intellectual property are identified, including: patent, copyright, trademark and privacy protection. Factors influencing changes in the characteristics of intellectual property objects are substantiated, among which technological changes, economic and market factors, changes in patent legislation, establishment of international standards, and socio-cultural aspects should be highlighted. It is proven that the mentioned factors make up a complex network of factors that influence each other and determine the dynamics of changes in the field of intellectual property in the modern management of industrial enterprises. It was determined that digital transformation has an impact on intellectual property objects. Such means of digital transformation as the Internet of Things, artificial intelligence, blockchain technology, virtual reality and augmented reality were analyzed. An integrated model of intellectual property management at an industrial enterprise is proposed, which involves a comprehensive approach to four aspects - innovation management, protection of intellectual property rights, strategic partnership and licensing, development of internal culture and education of the enterprise's personnel. The specified model will contribute to the sustainable development of the industrial enterprise and increase the level of its competitiveness in the market.

Current issues of legal protection intellectual property in Ukraine in the conditions of sustainable development

The article emphasizes the importance of protecting the sphere of intellectual property of Ukraine, in particular, taking into account the national system of Sustainable Development Goals. It was emphasized that the importance of protecting the country's intellectual property sphere and the need to protect the rights of citizens to the results of their creative activity are reinforced by the relevant constitutional provisions of Ukraine. At the same time, not all creative activity can be accompanied by results that form the results of intellectual property, which are under the criminal law protection of the state. The legal nature of intellectual property as an object of legal protection and protection by criminal legal means is analyzed. It has been established that granting Ukraine the status of an EU candidate determines certain future trends in the development of legislation in the field of intellectual property. In this context, the emphasis is on positive developments in the direction of strengthening the protection of the sphere of intellectual property of Ukraine, namely the adoption of the Law of Ukraine "On Copyright and Related Rights" in the new version. A review of the provisions of the national civil and criminal legislation regarding the protection of the sphere of intellectual property was carried out and certain inconsistencies in the application of the terminology of the specified legislation were established. The range of debatable issues of criminal protection of intellectual property is outlined separately, and a number of scientific sources devoted to this issue are researched. Recommendations on strengthening the institute of criminal legal protection of intellectual property in Ukraine were provided. The need to strengthen the policy of raising the legal culture and awareness of citizens in the field of intellectual property in Ukraine with the aim of forming respect for copyright and a conscious attitude of consumers to intellectual property is substantiated.

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The article conducted a theoretical analysis of the prospects for the implementation of administrative and legal methods of public administration in the field of intellectual property in Ukraine. The definition of public administration in the sphere of intellectual property is formulated, which is proposed to understand regulated by normative legal acts the activities of the respective public administration entities aimed at implementing the rules of legal acts regulating the sphere of intellectual property by making administrative decisions and providing legislation. It is emphasized that the methods of public administration in the field of intellectual property should be understood as the external activity of the respective entities, which is carried out by the latter within their competence and aimed at fulfilling the tasks assigned to them in the field of intellectual property. It is emphasized that among the methods used in the process of public administration in the field of intellectual property, there are primarily methods of persuasion and coercion, but based on the principle of orientation on the implementation of the result of intellectual creative activity to economic circulation, efficiency in this industry can be achieved Subject to the dominance of the method of persuasion, expressed both in direct and indirect influence. It has been proven that, in addition to the practice of the activity of public administration entities in the field of intellectual property, state coercion, which is auxiliary and is carried out on the basis of conviction and only after applying methods of persuasion. It is emphasized that the purpose of the application of administrative coercion measures has caused the existence of the relevant classification of the latter, within which three groups of administrative coercion measures are distinguished: measures of administrative warning, measures of administrative termination and measures of administrative penalties. It is concluded that public administration entities in the field of intellectual property in the course of their activities have the opportunity to use a wide range of various methods of public-managerial influence, through which, in fact, the process of purposeful influence of the latter on objects of public administration is carried out. Keywords: administrative responsibility, intellectual property, method, subject of public administration, belief, coercion, public institution, public administration, sphere of intellectual property.

ECONOMIC AND LEGAL PRINCIPLES OF COMMERCIALIZATION OF INTELLECTUAL PROPERTY IN UKRAINE

The subject of the study is the conceptual, theoretical, empirical and methodological foundations of the legal and economic nature of the commercialization of intellectual property in Ukraine. Methodology. General and special methods of cognition were used in the process of research. The essence of the commercialization of intellectual property was evaluated on the legal and economic level, on the basis of the same and opposite parameters with the help of the dialectical method. The analysis created conditions for a multifaceted study of all characteristic features of the commercialization of intellectual property as an economic and legal phenomenon. The synthesis created conditions for summarizing the characteristic features of this process. The formal legal method allowed to correctly interpret the content of normative legal acts that determine the general legal regime of commercialization of intellectual property and the special legal regime of its forms with regard to their use in civil or economic circulation. The purpose of the article is to determine the economic and legal foundations of the commercialization of intellectual property in Ukraine as an economic and legal category at the theoretical and empirical level. The results of the study prove that the commercialization of intellectual property is a form of implementation of scientific developments and innovations in various spheres of human life, which is usually accompanied by obtaining a certain benefit and includes a number of forms of implementation regulated by administrative, civil and economic legislation. Conclusion. Commercialization of intellectual property in Ukraine consists of two conceptual approaches to the study and implementation of an economic and legal nature. Economists propose to consider commercialization as one of the constituent stages of the social life process of intellectual property objects along with creation, security and protection. Within this approach to the forms of commercialization of intellectual property, the following manifestations are distinguished: 1) use of the corresponding object within the limits of own production, transfer under contracts (licensing, leasing, commercial franchise) to other subjects or entry of rights to the object objects of intellectual property into the authorized capital of the enterprise; 2) capitalization and sale. Among the factors that determine the qualitative and quantitative indicators of commercialization, the most important are legislation, state management in this area, and the existence and implementation of measures to stimulate participants in this area. From a normative point of view, the phenomenon of commercialization of intellectual property has gained publicity in various levels of understanding, both from the standpoint of private law and public law. For both components of jurisprudence, the approach is generally accepted, according to which the given issue is considered with a view to ensuring public or private protection of intellectual property rights. Attention is paid to the set of tools provided by special legislation to higher education and scientific institutions in the field of commercialization of intellectual property. The provisions of the Ukrainian legislation defining the general legal regime of commercialization of intellectual property and the special legal regime of its forms are characterized.

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

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.

Intellectual property in Ukraine during martial law

The article is devoted to research of intellectual property in Ukraine under martial law. The authors of the article focus on the fact that intellectual property is one of the areas that helps the country develop economically in such an extremely difficult time, and pass the challenges with dignity, step by step.
 The authors establish that appropriate management of the intellectual property portfolio under martial law is particularly relevant to avoid future problems with potential litigation. It is also substantiated that it is important to keep data for the protection and enforcement of intellectual property rights in Ukraine in the post-war economy.
 The article highlights that Ukrpatent, which performs the functions of the National Intellectual Property Body in the field of intellectual property, keeps working in difficult conditions, providing the necessary functions and continuous operation of the state system for intellectual property legal protection. Based on the analysis of data from Ukrpatent, it is noted that the number of registered industrial property rights for the 1st half of 2022 compared to the 1st half of 2021 is 75.2%.
 The authors analysed the latest changes in the legislation on intellectual property under martial law, which give grounds to believe that intellectual property continues to develop. It is also noted that there is a strengthening and implementation of European integration processes in the area of intellectual property. Ukraine actively continues to develop the relevant direction.
 The authors conclude that despite the extremely difficult conditions in various spheres of social life under martial law, laborious legislative activity in the field of intellectual property continues. Providing further functioning of the mechanisms of intellectual property rights protection and their progressive improvement under martial law with the support of friendly countries and the international community is aimed at strengthening and implementing European integration processes in Ukraine.

Formation of the System of Legal Protection of Intellectual Property in Ukraine and Modern Problems of Its Development

The article consistently identifies the stages of formation of legislation in the field of intellectual property and provides a general description of them. The impact on its formation of EU legislation, the TRIPSS Agreement and the Association Agreement between Ukraine and the EU is determined. Theoretical approaches to determining the essence of codification of legislation as a legal phenomenon are analyzed. The features of codification as an activity and as a result are distinguished. The experience of foreign countries in the codification of legislation in the field of intellectual property and different approaches to determining the type of codification act are analyzed. The stages of codification of legislation in the field of intellectual property are singled out and their content is determined.

Borders of administrative and criminal responsibilities for offenses in the field of law intellectual property

The article is devoted to the study of the delimitation of administrative and criminal liability for infringements in the field of intellectual property rights. The current issues of implementation of these types of responsibilities depending on the legislative approach to the reflection of the relevant provisions in regulations are highlighted. The analysis of dispositions and sanctions of separate administrative offenses and criminal offenses in the field of the intellectual property rights is carried out. Theoretical generalization of differences between administrative and criminal liability for infringements in the field of intellectual property rights on the basis of the main features of legal liability with coverage of current theoretical and practical problems and identify areas for their solution. The shortcomings of practical application of administrative and criminal liability for these offenses are identified and the imperfection of domestic legislation in the absence of systematization of offenses against intellectual property rights, both within the administrative and criminal legislation of Ukraine. The article also summarizes the differences between administrative and criminal liability for infringements in the field of intellectual property rights on the basis of the main features of legal liability with covering of current theoretical and practical problems and identifying specific areas for their solution. The analysis of the current state of realization of legal responsibility in the field of protection of intellectual property rights is also carried out, taking into account their peculiarities and substantiation of directions for elimination of existing shortcomings. It is substantiated that from the practical point of view, legal protection of intellectual property in Ukraine requires a comprehensive transformation of administrative and criminal liability in the direction of developing an effective procedural mechanism for their implementation, eliminating shortcomings and inconsistencies in current legislation of Ukraine. Strengthening of criminal responsibility for criminal offenses in the field of intellectual property rights is proposed, emphasis is placed on the need to establish an independent institute of criminal law protection of intellectual property in Ukraine.

Інформаційне забезпечення користувачів у сфері інтелектуальної власності в Україні: принципи систематизації інформаційних ресурсів

Стаття присвячена питанням систематизації інформаційних ресурсів у межах інформаційного забезпечення діяльності фізичних та юридичних осіб у сфері інтелектуальної власності в Україні.

Mediation as an Alternative Way of Resolving Disputes of the Sphere of the Intellectual Property

The article is devoted to the study of the basic provisions of the introduction of mediation as an alternative mechanism for resolving disputes over intellectual property rights in Ukraine. A review of scientific approaches to defining the concept of mediation” and the effectiveness of its application in modern conditions was carried out. Categories of mediation and types of dispute resolution with the help of mediators in the field of intellectual property in Ukraine have been identified. The current state of legal support of mediation in the national legislation are studied. It was emphasized that in order to intensify the processes of implementation of mediation mechanisms in the field of intellectual property in Ukraine, it is necessary to provide training for relevant specialists who have professional knowledge in the field of intellectual property. It is emphasized that conducting trainings and short-term seminars will help increase legal education and professionalism of mediators. Keywords mediation, mediator, sphere of the intellectual power.

Historical aspects of the emergence of mediation as a form of protection of intellectual property rights

According to Art. 1 of the Constitution of Ukraine is a social, democratic and legal state. Its development, in accordance with constitutional provisions, is impossible without effective means of protecting human rights and freedoms, including rights to intellectual property objects. It is worth noting that in modern conditions, intellectual property is developing rapidly, its objects are becoming more widespread, so it needs proper protection. The reason for the violation of intellectual property rights is the nature of the objects themselves, which makes it possible to easily and quickly reproduce and distribute them. In world practice, various forms of protection of these rights are used. But protecting them in court, as a rule, requires a lot of time, money and effort. Therefore, mediation is increasingly used as a form of protection of intellectual property rights. An important condition for the integration of our country into the European Union is the creation of a legal framework that would meet international standards, in particular in the field of intellectual property. It is important to adopt the positive experience of foreign countries in the field of legal regulation and functioning of alternative methods of dispute resolution. It should be noted that mediation in Ukraine is just beginning its development, however, on the basis of international standards and experience, we can analyze which aspects of legal regulation need to be improved, in particular for the protection of intellectual property. The use of mediation in the field of intellectual property in Ukraine would contribute to the improvement of the efficiency of dispute resolution, would improve the legal mechanisms for the protection of rights and legitimate interests, and would harmonize the current national legislation with international standards in this area. The purpose of this article's research is the issue of using mediation to resolve conflicts and protect rights to intellectual property objects.

Н. С. Педченко, Л. С. Франко ДЕРЖАВНА ПОЛІТИКА ЗАХИСТУ ІНТЕЛЕКТУАЛЬНОЇ ВЛАСНОСТІ ЯК ІНСТРУМЕНТ СТИМУЛЮВАННЯ ІННОВАЦІЙНОГО РОЗВИТКУ НАЦІОНАЛЬНОЇ ЕКОНОМІКИ

The purpose of the article is to study the government policy of intellectual property protection as a tool to stimulate the innovative development of the national economy. Research methodology. The achievement of the purpose set in the article is carried out with the help of comparative analysis of the level of intellectual property protection of Ukraine and foreign countries; a retrospective analysis of the Intellectual Property Index of Ukraine. Findings. The article describes the meaning and the main characteristics of the concepts of "intellectual property", "intellectual property rights" and "state policy for the protection of intellectual property". The main tools for the protection of intellectual property are defined: patents, trademarks, trade secrets, author’s law and related rights. The research of modern trends in the protection of intellectual property in the world economy is carried out. Based on the analysis of Ukraine's place in the IP index (research by The U.S. Chamber of Commerce's Global Innovation Policy Center) and the IPRI index (Property Rights Alliance research), key gaps in state support for intellectual property protection in Ukraine were identified. Practical value. The results of clustering of the countries across the world according to IP and IPRI indices allowed to outline alternative options for improving the effectiveness of state support for Ukraine in the direction of harmonization of national legislation and procedures for the protection of intellectual property. The need for government support has been determined areas: for the provision of legal and technical assistance to owners of intellectual property rights; creating a favorable environment for the transfer of technologies in the host states; facilitating the resolution of private disputes regarding intellectual property; the development of information technologies for the storage, access and use of valuable information about intellectual property; regulation of effective mechanisms of public administration of the process of implementation of inventions; adoption the European experience in stimulating small and medium-sized enterprises that are innovators The proposed measures will help strengthen government support for the protection of intellectual property in Ukraine, improving the ability of innovators and inventors to protect their innovations.

Економіко-правові засади захисту інтелектуальної власності: український та європейський досвід

The article is devoted to the identification and substantiation of economic and legal foundations of the system of intellectual property protection from the standpoint of the formation of domestic and European experience. The current stage of development of the world raises the issue of intellectual property protection in the context of ensuring economic development and increasing their attractiveness for international cooperation. Approaches to the definition of «intellectual property», objects of intellectual property and industrial property and their classification are widely covered in the scientific literature. It is determined that the object of intellectual property is an intangible result of intellectual activity, recorded on a tangible medium, and gives its author the exclusive ownership of this result, which is acquired, exercised and protected in accordance with applicable law. Given the importance of intellectual property for the development of countries, intellectual property law was formed as a separate sub-branch of civil law. It is established that the protection and defense of intellectual property is possible provided that the relevant legal framework. Modern legislation in the field of intellectual property includes the Constitution, Codes and Laws of Ukraine, Decrees of the President of Ukraine and Resolutions and orders of the Cabinet of Ministers of Ukraine, current standards in the field of intellectual property, departmental regulations, international treaties and agreements in the field of intellectual property. The institutional basis of the state system of legal protection of intellectual property is a number of specialized institutions with defined tasks and functions. The strategic tasks of the state on the development and protection of intellectual property in Ukraine are performed by the National Intellectual Property Office. Modern processes of reforming the system of intellectual property protection are associated with the process of European integration and implementation of the provisions of the Association Agreement between Ukraine and the EU.

Current state and development prospects of criminal-legal protection of intellectual property in Ukraine

Current state and development prospects of criminal-legal protection of intellectual property in Ukraine

National strategy for the development and protection of intellectual property

In recent years, Ukraine has received not only new legislation, a new regulator, but also a new national intellectual property body. On the initiative of the Ministry of Economy of Ukraine, Resolution of the Cabinet of Ministers of Ukraine No. 1267-р dated 13.10.2020, to implement Item 7.1 of Section II “Final and Transitional Provisions” of the Law of Ukraine No. 703-IX “On Amendments to Certain Laws of Ukraine Regarding the Creation of a National Intellectual Property Body” dated 16.06.2020 determined that the State Enterprise “Ukrainian Institute of Intellectual Property” performs the functions of the National Intellectual Property Body. Given that the state structures considered six options for the formation of a new national body, the temporary designation of the Ukrainian Institute of Intellectual Property as the National Intellectual Property Body was, on the one hand, the optimal solution, and on the other hand, the system of intellectual property protection with amendments to some laws of Ukraine regarding the creation of a national intellectual property body, underwent substantial changes that could not affect the entire system of intellectual property protection in the country. Based on the relevance of the topic, the purpose of this paper was to figure out and analyse the state of Ukraine’s performance of international obligations in the field of intellectual property, as well as the adoption of a national strategy to develop the specified area and find effective methods for its practical implementation. The leading methods for investigating this issue were as follows: functional approach (considers the management system of the enterprise in the form of a set of functions, i.e., actions united by a common content, properties, and nature of activity), the method of logical analysis (which is based on logical premises and conclusions), the method of synthesis (the content of which is to combine previously dissected parts of the subject into a single whole), the method of deduction (the method of transition from knowledge of general laws to its separate manifestation), etc. This paper determined that the National Strategy for the Development of Intellectual Property in Ukraine for 2020–2025 is not a panacea for current issues. It was also found out that the basis for the unity and integrated nature of national policy is the adoption of national strategies for the development of intellectual property. Furthermore, the state should implement a plan for the practical implementation of the strategy since practice confirms the ineffectiveness of the implementation of such documents after adoption. Therefore, it is necessary to organize the efforts of all branches of government as much as possible to focus on the performance and implementation of the introduced reform. An essential step in this area is the completion of judicial reform. This strategy should reflect the adaptation of the Institute of Intellectual Property to general global trends and successful European practices, contain the purpose and ways of its practical implementation. The successful adoption of the strategy determines the further development of judicial and legal reform in Ukraine, within the framework of which the Supreme Court on Intellectual Property Issues has already been established, but without the unity of legislation, its strategic coherence, it is impossible to practically implement the initiated reform, and, accordingly, perform international obligations. The materials of this paper are of practical value for further research on the development of judicial and legal reform in Ukraine.

The place of intellectual property in the system of legal values: theoretical and legal aspects

The author highlights and investigates the theoretical and legal aspects of the place of intellectual property in the system of legal values. It is noted that legal values ​​are a special phenomenon in which a wide range of ideas, ideas, provisions that reflect the peculiarities of society's perception of socially useful factors, which find their expression and manifestation in the legal sphere of society. In this regard, intellectual property is a special product of human intellectual activity, which is recognized as socially useful and subsequently acquired legal characteristics, ensuring the protection of intellectual property rights, their inviolability, as well as regulating relations in the field of intellectual property. Intellectual property is a special socio-cultural phenomenon, belonging to the system of socio-cultural values ​​is primarily due to its usefulness to society, the ability to ensure the interests of its subjects. At the same time, the multifaceted and complex nature of intellectual property, represented in various spheres of society, provides an opportunity to study intellectual property, including as part of a system of legal values ​​endowed with legal properties, provided by law, allows legal entities to achieve legally significant results. related to intellectual property. Based on the analysis of doctrinal and legal ideas about the value of intellectual property, the author identified the place of intellectual property in the system of legal values. It is concluded that intellectual property as a legal phenomenon has a multifaceted and multifaceted nature, which does not allow to unambiguously determine its place in the system of legal values. Therefore, it is proposed to determine the criteria according to which to classify legal values, which should cover and take into account all possible aspects (characteristics) of legal values, including taking into account the values ​​of intellectual property established above. The place of intellectual property in the system of legal values ​​is determined by the author according to the following criteria: 1) the state of legal support of intellectual property in Ukraine; 2) the method of legal regulation of relations in the field of intellectual property; 3) its functional purpose.