Sphere Of Intellectual Property Research Articles

LEGAL ASPECTS OF THE BALANCE OF INTERESTS OF THE PUBLIC AND THE INTERESTS OF SUBJECTS OF INTELLECTUAL PROPERTY RIGHTS IN THE FIELD OF HEATCH CARE

The article explores the issues of maintaining the balance of interests of subjects of intellectual property rights and society in the field of medicine and pharmacy. Historically, Ukraine has come a long way in recognizing the area of intellectual property as one that needs legal protection. Nowadays the issue of finding the boundaries and balance between the intellectual property sphere that seeks to fully securethe rights of patent holders and the health care sector, which is aimed at adhering to the principle of availability of medicines and treatments, is very relevant.So, what is the main conflict between the inventor`s interest and the public interest in the healthcare sector? For the most part, the inventor's interests are limited to two goals: to obtain the protection of his scientific achievement within the time limits established by law and to extend these terms when necessary. These interests are the result of the existing marketing authorization procedure. According to this procedure, a medicinal product must undergo a clinical trial, and in order to protect inventor’s patent rights, its owner must undergo a patenting procedure. This shortens the period of real profit. As a consequence, the drug manufacturer is trying to find ways to continue its monopoly on the market. And society is suffering from his actions. As the main public interest in health is the availability of medicines, treatments and diagnostic methods. The protection of this interest is now even identified as one of the priority areas of Ukraine's public policy. As a result, in order to ensure a balance between the interests of society and inventors, Ukraine has made a number of decisions about cooperation with internationalorganizations such as the UN and WIPO, and made the drafting of the National Intellectual Property Strategy.In our view, there is now a need in the Ukrainian legislation to amend patent protection in order to promote health care. Therefore, in this article, we have proposed the following mechanisms to ensure the balance of interests of inventors and society in the health sector:•to establish the possibility of obtaining certificates of additional protection with warnings that the term of such protection will be calculated depending on the time elapsed between the submission of the application for the invention and obtaining the marketing authorization of the medicinal product; •to introduce the possibility of filing a reasoned objection to the application for the invention, a request for the information search on the basis of the claims and the possibility of filing the same reasoned objection to the issue of certificates of additional protection;•to implement the «Bolar position», which will accelerate the release of generic medicines;•to abolish the possibility of patenting as inventions methods of treating the human or animal body by surgical or therapeutic and diagnostic methods;•to enhance the granting of compulsory, open and voluntary licenses to ensure the availability of medicines.

NATIONAL STRATEGY OF INTELLECTUAL PROPERTY IN UKRAINE IN THE CONTEXT OF INTERNATIONA OBLIGATIONS

In times of a deep economic crisis, international support, including economic support, depends largely on fulfillment of the international obligations undertaken by Ukraine. Due to the complexity of the reforms implemented by Ukrainian society, political infighting, lack of politicalwill, unity and consistency in the implemented reforms, our country today recognizes the improper and untimely implementation of certain provisions of the Association Agreement with the EU. Intellectual activity permeates all spheres of society, its results, intellectual property rights are in constant development, changing, new objects appear, which presents new requirements for legal systems, on the legal regulation of the specified sphere, and arising out legal relationships. Today, implementation of the Association Agreement with the EU, one of the Chapters of which is the field of intellectual property, assumes of economic and political importance. However, even the judicial reform introduced and the creation of the High Court on Intellectual Property have not deliver their expected results. All because of inconsistency of actions of legislative and executive branches of power, lack of systematicity in reform, and its insufficient substantiation.That is why, today, there is a growing need for the adoption of the National Strategy for the Development of the Intellectual Property Sphere for the period 2020–2025, which should become a comprehensive reflection of the state policy in the field of intellectualproperty. As to its legal nature, the National Strategy for the Development of Intellectual Property is a set of measures aimed at: (creating) promoting and encouraging the creation of intellectual property rights; (use) the introduction of favorable conditions andmechanisms for the use of intellectual property rights in production and other economic sectors; establishment of effective public administration in the field of intellectual property; increase of efficiency of activity of state institutions of the intellectual property protection system, examination of applications and issuance of security documents; improvement of legislation on protection of intellectual property rights; improving the mechanisms of protection of intellectual property rights; formation of a high level of culture and education in the field of intellectual property in order to build a competitive national economy, based on knowledge and innovation and implemented by the Government of our country. The effectiveness of the Strategy depends on the successful implementation of judicial reform and the effective work of the High Court on Intellectual Property.

Legal Regulation of Innovative Activities in Modern-Day Russia, with Regard to the Implementation of the “Regulatory Guillotine” Mechanism in the Sphere of Intellectual Property

Legal Regulation of Innovative Activities in Modern-Day Russia, with Regard to the Implementation of the “Regulatory Guillotine” Mechanism in the Sphere of Intellectual Property

THEORETICAL PRINCIPLES OF NEUTRALIZATION OF INTERNAL AND EXTENAL SOURCES OF NATIONAL SECURITY THREATS UNDER THE INFLUENCE OF THE DEVELOPMENT OF INTELLECTUAL PROOPERTY SPHERE BY SYNAPSE TARGETING

The article summarizes the theoretical issues of essence, interpretation, coverage of national security features, structure and factors as a systemic concept. The national interest of the state in national security is considered as the determining source of formation of strategic goal, strategic tasks, object of directions and directions of development of the nation.Attention is drawn to the fact that intellectual and innovation security, scientific and technical security, as well as the neutralization of internal and external sources of national security threats are considered as separate constituent elements of the national security structure and those that permeate other elements of the structure on the principle of diffusion, depending on the existing ones tasks.It is stated that neutralization of internal sources of threats and protection against external threats is impossible without the participation of the state as an independent institution, which implements the systemic target policy and implements it in the form of organizational mechanism for promoting the neutralization of threats,sending an effective impulse of the importance of carrying out appropriate organizational measures with obligatory feedback the result achieved. It is here that the synapse is traced in the form of a connection with the national security structure by giving signals to certain centers of creative and inventive activity, with a feedbacksignal to a certain center of perception of national security targets at different levels of the hierarchy of public administration, which is the main condition for neutralization of internal and external sources of national security threats. It achieves the establishment of a neural function (signaling) by analogy in the control system at the micro, meso and macro levels of the real economy and the national legal system of intellectual property related to the objectives of national security. The influence of the intellectual property sphere on the development of national security theory in the direction of two interrelated types of national security — internal and external, which each has its own peculiarities, is considered.

INTELLECTUAL PROPERTY AS OBJECT OF ADMINISTRATIVE LEGAL PROTECTION

The scientific article is devoted to a complex research and definition of intellectual property as about object of administrative legal protection. At stars in communication fast development of means of communication, mechanisms of publicly legal responsibility for violation of intellectual property rights also need modernization that can defined only by judgment of separate intrinsic characteristics of intellectual property through a prism of administrative legal protection. By the author, it established that despite a wide range of application and attempts of interpretation of the political and legal nature of a phenomenon of administrative legal protection, uniform approach or steady the look in science of administrative law is absent. Taking into account the carried-out scientific search, it is noted that administrative legal protection of the relations in the sphere of intellectual property is carried out in the following forms: law-making – adoption of normative legal acts by public authorities concerning regulation of the public relations which arise on possession, use, the order to results of creative activity; law-enforcement – acceptance is administrative – imperious subject of decisions, obligation for performance by the enterprises, institutions, organizations irrespective of form of ownership and also other persons on implementation of state regulation of the relations in the sphere of intellectual property; law-enforcement – protection of the public relations by administrative and other public authorities, possession arising apropos, use, the order to results of creative activity from illegal encroachments and also prevention of offenses under the threat of application of measures of administrative coercion. The conclusion is drawn that the relations in the sphere of intellectual property as object of administrative legal protection can be considered as a complex of the actions which are carried out by authorized subject, directed to settlement and protection of the administrative legal relations arising in the course of implementation and realization of personal non-property and property rights from illegal encroachments and also preventions of offenses under the threat of application of measures of administrative coercion. Besides, it is proved that the principles of administrative and legal regulation find the reflection and in the relations in the sphere of intellectual property.

Singapore state strategy on development of intellectual property: normative-legal and institutional aspects

The objects of this research is the relations emerging in implementation of state strategy on development of intellectual property in Singapore. The work expounds the significance of normative-legal and institutional elements of state mechanism of protection of intellectual rights in realization of the strategy, The author highlights the key aspects of implementation of the strategy on transforming Singapore into a hub of intellectual property in Asia that determine the coordinative role of the state in this process. Research is conducted on the Intellectual Property Hub Master Plan of 2013, forming the content of state strategy for development of intellectual property in Singapore. The Singapore’s Intellectual Property Hub Master Plan intends close cooperation and interaction between all institutional elements of national mechanism of protection of intellectual rights. The normative framework for implementation of this plan consists in the legislation, which employs international standards in the area of intellectual property. Singapore’s state development strategy is aimed at attaining the leading position in the region and the world by creating the system of alternative settlement of disputes, qualitative and quantitative strengthening of the pull of specialists in the sphere of intellectual property, involvement of private sector, connecting the state to international bases and systems, reexamination of tax breaks and preferences, as well as stimulation of scientific research and proliferation of the experience of strategic planning.

INTELLECTUAL POTENTIAL OF THE ENTERPRISE ACTIVATING AND INTELLECTUAL PROPERTY PROCESSES IN A KNOWLEDGE-BASED ECONOMY INTENSIFICATION

The article is devoted to the issue of activating the intellectual potential of the enterprise and intensification of intellectual property processes in a knowledge-based economy. Foreign experience in the field of scaling the intellectual property market was studied, the state and tendencies of its development were covered. Challenges for Ukraine in the context of commercialization of intellectual property rights are substantiated. The sphere of intellectual property as the main tool of scientific-technological important transformation directions and creative development in general are singled out. The institutional regulation of intellectual potential and commercialization of the intellectual activity in a knowledge-based economy results processes effective use is highlighted. Based on the study of legal, financial and organizational institutions that stimulate the development of intellectual and innovative technologies, the knowledge-based economy key trends are summarized in the context of intellectual property based on institutional approach capitalization paradigm: accelerating the intellectual resources transformation into intellectual capital; correspondence of the remuneration received by the specialist to payment of knowledge; merging intellectual capital with financial. It is proved that the influence of institutions in the Ukrainian economy leads to a disproportion between the intellectual resources formation spheres and intellectual capital; the intellectual capital use by institutional conditions processes slowing down. The main directions of intellectual property sphere development in connection with the process of knowledge-based economy innovative development are offered. A set of measures has been developed for further development of intellectual potential and intellectual property market scaling in Ukraine, which will provide comparable in quality or superior to world best practices conditions for intellectual creativity.

Intellectual Property and Criminal Law: Recent Trends

This article analyzes the significance of criminal liability imposed on individuals in case of violating intellectual rights. The research dwells on the role of various sectoral norms, including criminal law, in the inter-sectoral institute of intellectual property. Criminal law is considered as a component in the current development of intellectual property institute. The authors criticize some negative views on the criminal protection of intellectual rights. They also substantiate the general positive influence of criminal protection on the development of any social sphere, including the sphere of intellectual property.

POPULARIZATION OF KNOWLEDGE IN THE SPHERE OF INTELLECTUAL PROPERTY: WHEN, HOW AND WHY WOULD WE DO IT?

In the article the issue on popularization of knowledge in the sphere of intellectual property in the educational establishments is examined.As of today, the system of general secondary and professional education does not provide for systematic measures on popularization of knowledge on intellectual property.Economic and jurisprudential subjects as well as elective courses in the school have substantial potential for the popularization and providing children with knowledge on the basics of intellectual property which, unfortunately, is not yet exploited.The specialty «Intellectual Property» relates to such fields of knowledge as «Management and Administration» and «Law». Not that many chairs on intellectual property try to popularize knowledge on intellectual property and to attract more students to acquire this knowledge. In view of the complexity and interdisciplinary of the mentioned specialty there is a problem of insufficient informational work on the relevance and the practical need for the professionals of this qualification in the sphere of intellectual property education.The existing problematic issues and proposed ways of their solving are addressed in an integrated manner with consideration of international experience. In particular, the example of the Republic of Korea was considered in detail where the popularization of knowledge on intellectual property begins at childhood. Raise awarenessamong students (elementary school, middle school and high school) on copyright through the experience-oriented program within the school curriculum (e.g. extracurricular activities or creative discretional activities). Teachers in charge will receive training in advance and acquaint themselves with copyright concept and educational methodology. Training programs are designed to meet the needs of young people and are formed from the consideration and analysis of cases found in everyday life.Ukraine needs to unite as many participants as possible to develop and further implement the National IP Strategy, a separate block of which envisages the formation of a high level of culture and education in the sphere of intellectual property. To nurture respect for intellectual property rights from childhood, to encourage young children of primary school age to learn about this extremely interesting and useful sphere, to create the conditions for the development of children's intellectual abilities, children's invention, using international experience and cooperation.

Analyzing the Litigation Practice Concerned with the Consideration of Intellectual Property Cases in Kazakhstan

Nowadays, one of the pressing issues of intellectual property protection is unsystematic judicial enforcement. It is a common situation when different courts hold diametrically opposite positions in similar cases. Moreover, court decisions do not always comply with the existing law and litigation practice in intellectual property cases, which ultimately hinders the uniform and accurate application of the law in this sphere. In addition, the effectiveness of intellectual property rights significantly reduces due to the adoption of ‘ridiculous’ judicial acts, which negatively affects the policy pursued by Kazakhstan to fight against the violation of the above-mentioned rights. The article is relevant since the problem in question is insufficiently studied, which conditions scientific interest and determines its applicability. The main objective of this research is to consider and analyze law enforcement based on the study of civil cases in the sphere of intellectual property, as well as identify contradictions and gaps in the current legislation on intellectual property protection.
 In this regard, the article aims at identifying the controversial aspects of this category of cases, explaining their causes and offering a possible solution. The article analyzes judgments delivered by courts of the Kostanay Region regarding intellectual property, evaluates the existing legislation on intellectual property rights, reveals topical issues and develops ways of addressing them. The main approach to studying the above-mentioned problem is analysis that helps consider some claims challenging certain intellectual property rights, which is also the research object. Since the litigation practice concerned with intellectual property protection is being developed, this article can predict a possible position of courts on this issue. The theoretical and practical significance of this study is conditioned by the conclusions drawn by the authors regarding the development and improvement of the current civil and civil procedure legislation. Thus, this article is of practical interest not only to students and lecturers within the framework of the ‘Intellectual Property Rights’ discipline, but also to intellectual property owners and judges.
 The scientific novelty of this study can be explained by the comprehensive approach to analyzing the effective protection of intellectual property rights in modern conditions with due regard to the law enforcement system of Kazakhstan and the need to strengthen the role of the state in solving problems related to the protection of intellectual property rights.

EAEU: integration dynamics in the sphere of intellectual property within the context of digital transformations

The subject of this research is the development of integration cooperation between the EAEU member-states in the area of protection, management and commercialization of the rights to intellectual property through the prism of formation of the regional intellectual property law of this international organization. The author describes the characteristics of intellectual property as one of the vectors of integration, as well as analyzes the results of integration processes in this sphere achieved over the period from 2014 to 2019. Special attention is turned to revealing the prospects for such cooperation within the framework of implementation of digital agenda. Analysis of the dynamics of integration processes is based on the principle of development, as well as system-structural approach. The historical-legal along with the formal-dogmatic method allowed reveling the content of legal results of the first quinquennial stage of integration. The main conclusion lies in the conceptual provision that currently the integration of EAEU member-states in the sphere of intellectual property is substantiated by the relevance for responding to global challenges, one of which is digitalization of the economy and various fields of social life. The author’s main contribution into studying of integration processes in the sphere of regional space of international property law is defined by conceptualization of the development of integration processes with regards to intellectual property from the perspective of its expansion, as well as advancement of new priorities in the conditions of digital transformation. The scientific novelty lies in substantiation of the prospects of using digital technologies for managing the life cycle elements of the rights to intellectual property as a potential object of cooperation in the format of integration.

The potential of intellectual property sphere of Ukraine: condition and directions of development

The subject of the research. The level of the economy of any country depends on its scientific, technical, innovative potential. It determines the country's place in the global economy, the competitiveness of industries and enterprises. One of the important factors of innovative growth of the country's economy is the development of the field of intellectual property. The subject of the research is the analysis of the main indicators of the national intellectual property system of Ukraine and the study of the main trends of its development. The purpose of the article is to study the economic, market, legal aspects of the functioning of the field of intellectual property that form its potential, development and scientific substantiation of the directions of development of the national intellectual property system of Ukraine. The methodologyof the work. A systematic approach and methodologies of economic, statistical, economic and mathematical analysis are used to study the trends of the main factors influencing the potential and development of the intellectual property system of Ukraine. The results of the work. The article describes the dynamics of the main indicators of the functioning of the intellectual property sphere, the country's ratings in the international system for the protection of intellectual property rights. It has been determined that the effectiveness of such a system depends on many factors, the main of which are: compliance of the regulatory framework; development of the infrastructure of national and international systems of intellectual property legal protection; effectiveness of training and advanced training of specialists; level of financial support for its activities. The field of application of the results of the study of the main trends in the global, national innovation market and the national intellectual property system will allow for a more accurate adjustment of the direction and strategy of the development of the sphere and also identify the most problematic issues to bring the domestic legislation closer to the provisions of the association agreement with the European Union. Conclusiins. An effective structure for the protection of intellectual property rights is a solid foundation for the innovative development model of Ukraine, its modernization and global competitiveness. The study revealed, on the one hand, a significant growth potential in the field of intellectual property, on the other hand, an insufficient level of growth compared with the leading countries of the world. The key constraints for the development of innovation in Ukraine are the political and business environment, as well as the weak infrastructure of the market for innovation and creative work. The following are the next areas of development strategy for the field of intellectual property of Ukraine: the scientific and technological development of society; the implementation of European standards in the field of intellectual property with national legislation; elimination and systematization of existing contradictions. The results of the study indicate that the problem of using the potential of intellectual capital in the formation of an innovative development model has considerable scientific interest and requires further research.

Профілактика правопорушень у сфері інтелектуальної власності.

At the article it is payed attention to the increasing of delinquency quantity at the intellectual property sphere and stressed into the necessity of amplification of prevention such delinquency.It is analyzed approaches according to the content of delinquency prevention at the economic, administrative and criminal law. It is proved that the state should treat effective means and ways of influence on delinquent for defense of rights of intellectual property, improve the law mechanism of defense of rights and interests in the intellectual law sphere. It is determined that the regulations about preventive measures according to the delinquencies are absent at the national special legislation at the intellectual property sphere. It is determined that the aim of prevention consists in notification and removing of reasons and conditions of delinquency, which form the content of prevention, detection of persons, which are inclined to commit a delinquency, and application of measures for their correction. It is investigated the reasons and conditions of delinquency, their classification and difference. It is bounded the concepts «prevention» and «notification» of delinquency, and also it is proved that prevention is an independent mean of law enforcement. It is concretized that prevention of delinquency at the intellectual property sphere can be determined as state realization of economical, political, ideological, educational, law and other measures according to the detection and removing the reasons of delict of the intellectual property and also the detection of persons, who inclined to commit such delinquency. It is suggested the main organizational, law and educational measures according to the detection and removing reasons of delict at the intellectual property sphere. It is determined the main problems, which need solution according to the delinquency prevention at the intellectual property sphere.

PROBLEMS OF DETERMINATION OF LOSSES IN THE FIELD OF INTELLECTUAL PROPERTY, FOR EXAMPLE THE USE OF SUBSTITUTION METHOD

Analyzing the tasks of forensic experts of the Laboratory of Economic Research of the Research Center of Forensic Expertise on Intellectual Property of the Ministry of Justice of Ukraine in the course of expert studies related to the determination of material damage to the author (right holder) of the intellectual property object in recent years, indicates a significant amount and continued growth of such research. However, at present, no methods of conducting judicial examinations in the specialty 13.9 «Economic research in the field of intellectual property» concerning the determination of losses have been approved (referring to the methods that are certified and recommended for implementation in expert practice in accordance with the Procedure for attestation and state registration judicial examinations, approved by the resolution of the Cabinet of Ministers of Ukraine dated 02.07.2008 No. 595). This article examines regulatory acts for determining losses, considers methods: royalties and substitutions, discusses «Methods for solving forensic issues of material damage» related to forensic expertise in specialty 11.1 «Accounting Accounting Documents and reporting.» In the case of the substitution method, the method is used by some experts when conducting expert examinations in specialty 13.9 «Economic research in the field of intellectual property», and in these studies it is assumed that one counterfeit product replaces one original product, with the loss not being received by the owner of the intellectual property object. The problem of determination of damages in the sphere of intellectual property is shown and the necessity of working out of methodical recommendations for determination of damages is proved. have become the basis of scientific research work «Method for determining losses in the field of intellectual property», which is intended for direct use by experts of the Ministry of Justice of Ukraine in carrying out expert studies in the field of intellectual property; training of forensic experts and training of young specialists; may be used by investigative and judicial staff in ordering expertise, etc.

Normative-legal regulation in the sphere of intellectual property and its relationship with the plans of scientific and technological development of the country

The article presents an overview of public policy measures in the field of identification, consolidation and inventory of rights to the results of intellectual activity with a high potential of industrial use. Proposals for the development of mechanisms of legal protection of individual intellectual property objects are substantiated. The instructive and methodical regulation of works on registration of results of scientific and technical activity under the state contracts is analyzed. Attention is paid to the complexity of the procedure of passing and agreeing the final results of their implementation. Methodological approaches to the improvement of identification and inventory of protectable results of intellectual activity obtained in the course of execution of state contracts as part of the organization’s activities in the field of innovation and technological development in order to implement the business strategy in the domestic and global markets are proposed.

СИСТЕМА ДЕРЖАВНОГО УПРАВЛІННЯ СФЕРОЮ ІНТЕЛЕКТУАЛЬНОЇ ВЛАСНОСТІ В УКРАЇНІ: СТРУКТУРА ТА СУЧАСНИЙ СТАН

The article deals with the analysis of governmental system by sphere of the intellectual property in the conditions of the reforms being carried out at the present stage of formation of the state. The author presents and generalizes a short characteristic of stages of functioning of governmental system in the sphere of intellectual property during the period of independence of Ukraine. The article provides the analysis of operating system of the governmental administration by the intellectual property in Ukraine. The system and structure of the state bodies have been analysed, their powers have been defined, their characteristic is given and ways of interaction are pointed out. The importance of a direction of a state policy on elimination of duplication and dispersion of administrative functions in the intellectual property sphere has been defined. The necessity of improvement of quality and level of work of advisory and consultative bodies concerning formation of a unified state innovative policy, including in the intellectual property sphere has been specified. The formation of system of economic stimulus concerning creation and introduction of objects of intellectual property is an important task in this sphere of the public administration. The basic problems which demand their decision for possibility of improvement of system of the government intellectual property sphere have been defined in the article. The author reveals and points out the basic directions which development will allow to raise a level of innovations, to form a system of commercialization of objects of intellectual property and to form a civilised and legal market of such objects in Ukraine. It is established that reforming of system of the governmental administration in intellectual property sphere has led to the definition of additional directions and functions of bodies of public administration that should lead to construction of strategy of management by intellectual property in Ukraine at qualitatively new levels which will correspond to the international standards in the given sphere.

State program as a system document in the field of protection of industrial property rights

As the sphere of industrial property is known the environment with an internal unity in which a set of various types of creative and in­tellectual activity of a person are carried out, covering various spheres of economic and social life, as a result of which intellectual property objects are created (signs for goods and services, inventions, commercial names, geographical indications, etc.) whose rights are protected by the current legislation and their nature is non-material.State targeted programs are divided into: national programs of economic, scientif­ic, technical, social, national- cultural development, environmental protection (here­inafter — national programs) are programs that cover the entire territory of the state or a significant number of its regions, have a long-term period of implementation and are carried out by central and local executive authorities; other programs whose pur­pose is to solve certain problems of the development of the economy and society, as well as the problems of development of individual economic sectors and adminis­trative-territorial units requiring state support.The development of the State Program in the field of industrial property rights pro­tection is the necessary continuation of the process of improving the intellectual property sphere in Ukraine. This is also due to the need for radical changes aimed to the use of the intellectual property as a strategic source in the system of forming national wealth and improving the competitiveness of the country's economy, accelerating innovative devel­opment and integrating Ukraine into the international economic space.The aim of developing state targeted programs is to promote the implementation of state policy in the priority areas of the development of the state, individual econom­ic sectors and administrative-territorial units; ensuring the concentration of finan­cial, material-technical, other sources, production and scientific-technical potential, as well as coordinating the activities of central and local executive authorities, enter­prises, institutions and organizations for resolving critical issues.The modern world community has passed to the stage of economic development called «knowledge-based economy». Therefore, the main goal of state policy in the in­tellectual sphere for the medium term is to promote the formation and implementa­tion of a modern model of integrating the nation's intellectual potential into the do­mestic and world markets, taking into account both the national specifics of the processes of transforming intellectual property into competitive products, and the corresponding world experience. Ensuring the sustainable development of the Ukrainian economy requires a full-fledged use of scientific and technical potential in the process of modernization of the economy, directing it to meet the real needs of the country's economic development on the basis of an innovative model.Intellectual property should become a fundamental and strong instrument for cre­ating the conducive environment for creative activity and free competition, as the basic bases for the economic, social and cultural development of our state.The issue that should be given special attention during the development of the state program in the field of industrial property: improving the legal and organiza­tional support for the transfer of knowledge in scientific institutions and higher edu­cation institutions in Ukraine; the establishment of the functioning and activity of the departments for the protection of intellectual property and the transfer of technology in universities and enterprises; open access to scientific publications; signing the con­tracts with enterprises, etc.

Концептуальнi засади адмiнiстративної вiдповiдальностi за порушення законодавства у сферi iнтелектуальної власностi в Українi

The conceptual bases of administrative liability for intellectual property legislation offence are revealed in the article. The existing legislative base providing administrative and legal protection of intellectual property in Ukraine is analyzed. Subjects of administrative and legal protection of intellectual property in Ukraine are defined. The competence of subjects of intellectual property administrative and legal protection is analyzed. Specific features of intellectual property as a subject of administrative and legal protection are characterized. It is concluded that these features must be taken into account. The basis for administrative liability in the intellectual property sphere has been determined. The offence of an administrative violation in the intellectual property sphere is considered. Its objective (object and objective aspect) and subjective (subject and mental element) aspects are singled out. Characteristics of an administrative offence features in the intellectual property sphere are given, such as public harm, wrongfulness, guilt and punishability. The subject matter of an administrative offence in the intellectual property sphere has been determined. The author suggests ways to improve the administrative and legal liability for offenses in the sphere of intellectual property. Measures are proposed to strengthen coherency and coordination of the activities of entities engaged in administrative and legal protection of intellectual property in Ukraine. It is proposed to focus on preventive work with a view to preventing administrative legislation offence in the intellectual property sphere.

COUNTERACTION TO LAWBREAKING IN THE SPHERE OF INTELLECTUAL PROPERTY IN UKRAINE: HISTORICAL AND LEGAL ASPECT

Foreign experience shows that intellectual activity becomes a defining and decisive driving force of any development. First of all it defines the strategy and tactics of social and economic progress of any country. National administrative and legal legislation in the sphere of intellectual property protection is based on the requirements of the international conventions, their principles and market economy bases. However, the condition of struggle against offences in the sphere of intellectual property in our state does not meet requirements of nowadays. For many years Ukraine is included into number of first ten states of the world with the highest level of offences in this sphere which certifies about the presence of problems which need immediate resolving. In article on the basis of the analysis of scientific views of scientists and norms of the legislation the dynamics of counteraction to offences in the sphere of intellectual property is ascertained. The essence of such important legal category as intellectual property is defined. The causes and conditions which promote to the occurrence of offences in the sphere of intellectual property in Ukraine are ascertained, and also possible ways of overcoming determinants of offences in this sphere are outlined. Having carried out the historical and legal analysis of legal regulation of counteraction to offences in the sphere of intellectual property, it’s necessary to notice that for today there is a considerable quantity of laws and by-law regulatory legal acts which to some extent counteract offences and protect the rights ofpersons in this sphere. A considerable quantity of such acts caused the necessity of their systematization that in its turn will promote to effective and qualitative counteraction to offences in considered sphere. It’s supposed as necessary and expedient to adopt a uniform normative-legal act which would define main principles of counteraction to offences in the sphere of intellectual property in Ukraine.

Legal Issues: The Trans-Pacific Partnership and IP

The Trans-Pacific Partnership (TPP) is the latest in a long line of international agreements seeking to resolve and reduce intellectual property and other legal, political and trade issues between nations. These agreements attempt to reduce or eliminate the barriers that are often created by the laws of the individual countries when those laws make trade incompatible or more complicated. Reducing those barriers can result in increased trade between nations, provide for greater markets for goods produced by the member nations, along with greater protection against misuse of goods created by the member nations. In the intellectual property sphere, these kinds of agreements can be critical to the U.S. information and content provider industry. Often a world leaders in the production of music, television, movie, publishing and internet content, the protection of that content while developing new markets for content is critical for the industry’s long term survival. Still, the agreements can be controversial. In reducing barriers to the trade in goods and services, the agreements can often make it easier for production of goods to be transferred to other countries, particularly those with lower labor costs.