Use Of Intellectual Property Rights Research Articles

Intellectual property rights in international and Russian investment law

The investment activity is diverse and can be carried out with the use of intellectual property rights in accordance with the current international and Russian investment law. The article aims to identify the specifics of the application of intellectual property rights as investments and the implementation of intellectual investments, i.e. investments endowed into intellectual property rights. The objectives of the study are to consider the categories of an investment and object of investment activity, intellectual property, exclusive and other intellectual rights, as well as to analyze and determine the features of legal regulation of the activity in question at the international and national levels in the Russian Federation. Based on the results of the systematic analysis with the use of formal legal, comparative and other research methods, it is concluded that investments as a property in a broad sense may include both exclusive and other non-personal intellectual property rights to the results of intellectual activity and equated means of individualization of goods, works, services and enterprises. At the same time, they exclude intellectual property itself as a set of various types of intangible products, moral and other personal non-proprietary intellectual rights by virtue of their inalienable and non-transferable character. It is argued to be the same with respect to the object of investment activity, i.e. the property which the investment is endowed in and is capable to bring income to the investor in the future. Investments into such intellectual property rights can be called as intellectual investments.The legal regulation of investment activity with the use of intellectual property rights has a dual character (in the sense that it is carried out by different investment legislative acts with the similar subject of their regulation) and depends on the type of a particular object used. If intellectual property rights are invested in fixed capital, then they are to be recognized as capital investments and are governed by the Federal Law of February 25,1999 No. 39-FZ “On Investment Activity in the Russian Federation Carried out in the Form of Capital Investments”. If intellectual property rights are used as the object of investment activity, i.e. where investments are endowed in, such intellectual investments are subject to the regulation by the Law of the RSFSR of June 26, 1991 No. 1488-1 “On Investment Activity in the RSFSR”.

Protection of Intellectual Property Rights in Franchise Agreements

In the context of franchising in Indonesia, the concept implies that granting a franchise is always related to granting permission or license to use and utilize certain Intellectual Property Rights (IPR), including brands and confidential business information. The right to exploit and use these two types of IPR cannot be separated. The research method used is a normative juridical research method. In this approach, research is carried out by basing the analysis on statutory regulations as the main legal source. In a Franchise agreement, the use of Intellectual Property Rights by the Franchisee must be regulated in writing in the contract. This includes Trademark Rights, Patents, and Copyrights. Violation of this right may result in legal action, both civil and criminal, in accordance with applicable laws.

Aspects of Legal Protection for Franchisees Associated with the Franchise Agreement

Franchising as a business concept regarding the granting of the use of intellectual property rights by the franchisor to the franchisee is a legal relationship between the franchisor and the franchisee which is regulated in a franchise agreement. The purpose of this article is to analyze aspects of legal protection for franchisees related to franchise agreements and to analyze legal sanctions against franchisors who break the agreement unilaterally. The research method is in the form of normative law whose implementation is focused on secondary data collection (Library Materials) covering primary legal materials such as laws and regulations, primary legal materials such as articles, books and so on. This research is descriptive in nature. By using a qualitative approach/paradigm. The data is processed and analyzed qualitatively using deductive logic. The franchisor is the licenser to the franchisee to market goods and services on behalf of the franchisor in a certain area and period of time. The franchisor assists the franchisee in its distribution, in return the franchisee pays an initial fee and royalties. The franchisor can determine the contents of the agreement and terminate the agreement unilaterally with the franchisee for the agreement that has been agreed upon, but termination of this franchise agreement can result in default, because it causes losses to the franchisee and it is the franchisor's obligation to pay compensation. Legal protection for the parties in the implementation of the franchise agreement is an important aspect. The form of legal protection for franchisees in franchise agreements is contained in Government Regulation Number 42 of 2007 concerning Franchising in the provisions of Article 5 letter (k) which stipulates that the franchise agreement establishes procedures for extending, terminating and terminating the agreement. Thus the franchisor cannot terminate the agreement unilaterally at any time, the franchisor must comply with the PP on Franchising and in accordance with the Civil Code.

IMPACT OF DIGITALISATION ON PRODUCTIVITY GROWTH IN EU MEMBER STATES

Recent economic studies on the relationship between digitalisation and economic growth show some ambiguity in the results due to the use of different methods, measures, country samples and time periods. The purpose of this article is to theoretically substantiate, build and econometrically test the model of the impact of digitalisation and other important factors on the growth of total factor productivity in the countries of the European Union for the period of recent years for which data are available. Methodology. The regression analysis of panel data with fixed effects was conducted. The regression estimation of the model is done for 27 EU countries and the entire European Union for the available periods 2017-2022. The robustness of the model to the choice of alternative regression methods, heterogeneity, autocorrelation and random effects is also tested. The model is based on the principles of the endogenous growth theory. The author substantiates and models the relationship of productivity growth with digitalisation, exports, imports, use of intellectual property rights, research and development, foreign investment, human capital and institutions; calculates the indicator of total factor productivity (TFP) based on the Cobb-Douglas function; the European Commission's Digital Economy and Society Index (DESI) is chosen as a measure of digitalisation. Regression results. It is proved that digitalisation is an important factor in productivity growth in the countries of the EU sample, which has a positive and significant impact on total factor productivity (a 1% increase in the digitalisation index leads to an increase in TFP by about 0.1%). Trade openness (exports and imports) was confirmed to remain a key factor affecting productivity. Income from the use of intellectual property rights has a positive, statistically significant impact on TFP growth, although the magnitude of this impact is rather small compared to the impact of digitalisation and trade. It has been found that the quality of institutions can be important for productivity growth, which is an argument for relevant reforms at the level of the government and local communities. The impact of research and development, foreign direct investment, and human capital on TFP growth is difficult to interpret due to the lack of statistical significance of these parameters, which requires further research.

Implementation of Trademark Registration in Pekanbaru

Background. The use of Intellectual Property Rights, especially product brand registration for Micro, Small and Medium Enterprises, has not been running optimally in Indonesia, and especially in the city of Pekanbaru, due to the lack of understanding of home industry entrepreneurs about brands and registration procedures, lack of technical guidance and programmatic socialization from the Regional Government. Purpose. This study aims to analyze the low implementation of product trademark registration for Micro, Small and Medium Enterprises and to analyze the role of the local government of Pekanbaru city in the implementation of product trademark registration for Micro, Small and Medium Enterprises in improving trade business. Method. The approach used in this study is a normative juridical approach and an empirical juridical approach to obtain correct and objective research results. Results. Based on the results of the study, it is known that the implementation of product trademark registration for Micro, Small and Medium Enterprises in Pekanbaru city has not been running as expected, as evidenced in 2022, out of 25,074 trademarks circulating in the market, only 8 (eight) have implemented their trademark registration. Conclusion. Furthermore, it is known that the role of local government in the implementation of trademark registration for Micro, Small and Medium Enterprises in Pekanbaru city is not running as expected, because the local government of Pekanbaru city has not given maximum attention to Micro, Small and Medium Enterprises so that they do not develop and make updates in innovating in accordance with science and technology and community needs.

THE COMPARATIVE LAW OF FRANCHISE AGREEMENTS IN REALIZING PROTECTION BETWEEN PARTIES

Franchising as a business concept regarding the granting of the use of intellectual property rights and operational activity systems by franchisors to franchisees is a legal relationship between franchisors and franchisees regulated in a franchise agreement. The purpose of this research is to analyze the Regulations regarding franchising in Indonesia and Regulations regarding franchising in other countries to compare arrangements between Indonesia and other countries. This legal research uses normative juridical research methods. The approach used is a comparative approach that involves researcher activities that begin with identifying the effect of one variable on another. franchise is a relationship based on a contract between the franchisor and the franchisee. Franchisees operate using trade names, formats, or procedures owned and controlled by the franchisor. Legal regulations in other countries often provide global trademark protection, allowing trademark owners to protect their trademarks in several countries. In Indonesian legislation, the legal protection of franchises is limited to the territory of the Republic of Indonesia.

Intellectual property as a blind spot in the UNESCO Convention for the safeguarding of the intangible cultural heritage

ABSTRACT In this article we explore the use of Intellectual Property Rights (IPRs) in the implementation of the Convention for the Safeguarding of the Intangible Cultural Heritage. In retracing the ambiguous role accorded to IPRs since the drafting of the Convention and considering the practice of the Organs of the Convention, we highlight discrepancies in the decisions and debates of the Intergovernmental Committee for the Safeguarding of the Intangible Cultural Heritage vis-à-vis IPRs. Drawing on our own anthropological and legal perspectives, we shed light on the fragmentation of different disciplinary standpoints and specialist knowledge in the practice of the Organs of the Convention, revealing how observed inconsistencies in the role of IPRs are neither acknowledged nor addressed. This makes the issue of IPRs a blind spot. Yet, ‘working misunderstandings’ facilitate rather than hinder successful interaction among the many players within the Convention, allowing different, and sometimes contradictory, stances to imperfectly coexist.

Сoncerning the need for formation of intellectual property competence of future specialists in local science and tourism work

The article emphasizes the need for the formation of intellectual property competence of future specialists in the field of local history and tourism. Innovative thinking, knowledge of intellectual property objects, intellectual property legislation, effective use of intellectual property rights without infringing the rights of other authors, management and commercialization of innovative ideas are of great importance in the tourism business. The article also examines the role of intellectual property as a catalyst for the innovative development of the country and the growth of competition, especially in the perspective of foreign tourists' interest in visiting Ukraine in post-war times. The reasons due to which intellectual property affects the development of tourist work are highlighted. Examples of the use of intellectual property objects in the local history and tourism sector are given and the possibilities of using them to create new tourist products and improve the quality of services in this field, which will be used to obtain additional monetary income from tourist activity, turning it into a stimulus for economic development, are highlighted. social and cultural prosperity of the regions of Ukraine. The authors also emphasize the research of educational institutions, employers and state bodies with requests for the need to develop competence in intellectual property among future specialists in local history and tourism work and emphasize the list of challenges and perspectives related to the educational process in their preparation, which need to be solved. The need to deepen knowledge in the field of intellectual property among teachers of higher education institutions in order to teach students of various specialties, including future specialists in local history and tourism work, needs attention.

The Significance of University Crests from Both Cultural and Historical Perspectives: A Case Study of the University of Education, Winneba, Ghana

Crests are emblems that symbolize the identity and legacy of institutions of higher learning. University crests are symbols that represent the identity and heritage of universities. The history, ideals, and objectives of the university community are embodied in these crests, which serve as an emblem for the community. This article examines the cultural and historical importance of the crest that has been used at the University of Education, Winneba, since the institution first opened its doors. The crest has been an essential component of the university's identity since the institution first opened its doors. The article delves into the significance and meaning of the numerous components that make up the crest, such as the eagle, the book, and the motto. In addition to this, it explores the historical setting of the university, including the beginning of the institution as well as the development of the crest over the course of its existence. Furthermore, the paper highlights the relevance of safeguarding the cultural and historical value of university crests through patent and copyright legislation. The University of Education in Winneba has ensured that the institution's distinctive character will be maintained for future generations by implementing safeguards to protect its crest through the use of intellectual property rights. In conclusion, the author of the paper contends that university crests play a significant part in the process of cultivating a feeling of community, belonging, and pride among current students, graduates, and faculty members. As such, they should be appreciated and conserved as cultural objects that symbolize the rich history and tradition of institutions of higher learning. This will ensure that they are preserved for future generations to appreciate.

The use of intellectual property right bundles and firm performance in China

Intellectual property rights (IPRs) have become increasingly important for firms in today’s knowledge-based economy, as evidenced by the strong growth in their use. The vital role of IPRs has motivated research into their association with firm performance. However, few firm-level studies have been conducted in developing countries. Moreover, empirical studies on the use of IPR bundles and their economic performance are scarce. To fill this gap, this study first illuminates how the joint use of different IPRs varies with firm characteristics, second, it analyses the association of such joint use with firm performance, based on a constructed large dataset that merges firm-level information from China’s Annual Survey of Industrial Enterprises with data on IPR filings from the China National Intellectual Property Administration. Results indicate that the joint use of different IPRs is strongly correlated with the industrial sector and firm size. Firms that use IPR bundles also have much greater economic performance than those that rely only on single types, indicating the existing complementarity between these rights. This study advances the understanding of the relationship between IPRs and firm performance and emphasises the complementary effect between different types of IPRs, demonstrating the significance of utilising various intellectual property mechanisms fully to increase firms’ competitive advantages.

Інноваційні технології в логістиці промислових підприємств у період війни та повоєнної розбудови економіки України: корпоративні відносини та інтелектуальна власність

The article is aimed at studying the main changes in logistics during the wartime and, further on, generalizing innovative technologies in industrial logistics in the situation of wartime and concerning the post-war period of economic development of Ukraine, as well as developing proposals for improving the efficiency of their use from the standpoint of corporate relations and intellectual property. The authors’ own structural and logical scheme of the study on the topic «Innovative technologies in the logistics of industrial enterprises during the wartime and in the post-war development of the economy of Ukraine: corporate relations and intellectual property» in a general form is built, the material of the article is presented accordingly. The main changes in logistics that took place during the war of Russian Federation on Ukraine are highlighted. The importance of «innovative technology in the logistics of industrial enterprises» is substantiated from the standpoint of valuating the interests of all stakeholders. In the course of the study, the authors’ own interpretation of this category as new technologies that are created on the basis of the use of intellectual property rights and are able to satisfy the vital interests of all participants in corporate relations by means of applying them in the logistics of industrial enterprises is presented. The promising directions of application of innovative technologies in the logistics of industrial enterprises in the conditions of wartime and in the post-war development of the national economy are generalized. It is noted that the current economy of Ukraine operates in the context of transformation of market relations in accordance with the requirements of the EU, one of which is the formation of the corporate sector for the effective use of pooled capital (both financial and non-financial). The indicators of receipt of applications for objects of property rights (OPR) and for inventions during the period of 2018–2022 are analyzed, the results of the carried out analysis have actualized the issue of motivation for the creation and introduction of the objects of intellectual property rights (OIPR) as a source of innovative technologies in the logistics of industrial enterprises during the wartime and in the post-war development of the economy of Ukraine. The conceptual and logical scheme of creation and implementation of objects of intellectual property rights as a source of innovative technologies in the logistics of industrial corporate associations is visualized on the basis of situational and integrated approaches. It is expected that the recommendations provided will improve the process of management of innovative technologies in the logistics of industrial enterprises, accelerate the restoration, modernization and development of corporate industrial associations, increase the level of satisfaction of vital interests of participants in corporate relations and of the population of Ukraine as a whole concerning both during the wartime and in the post-war development of the national economy.

An empirical study on India’s progress in intellectual property rights with reference to patent filing and grants in the emerging technological era

India is a country of versatility, diverse culture, and complex social dimensions. India has been a country of agriculture, and even in today’s era, the majority of the population relies on agriculture for their livelihood; however, despite all these facts, India has seen a tremendous growth and change in economy, science and technology, education, and so on. In the process of development, invention and innovation have gained immense importance, which have resulted in application of inventions and innovations in the form of technology. In this background, the legal protection for the inventors arises, which is being catered by intellectual property rights (IPR) in the whole world as well as India. In Indian context, the IPR has not yet reached every business organization because the word IPR has always been misunderstood by most of the people that it is meant only for science and scientific inventions, but the fact is IPR’s applicability is much wider and it is applicable even to the smallest businesses. In the entire world, China is a nation which has the highest number of IPR grants, followed by USA. IPR in the present situation is very prominent and relevant because changes in industries like telecommunication, computer science, and so on are in the frontline and India is not lagging in invention and innovations. In 2021, out of the total number of applications received, China has the major contribution, which amounts to 40%. But very shockingly, India is not even in the top 10, which hints us that India needs to be vigilant and needs more attention of IPR. This research article speaks on how India is progressing in applicability of IPR and why India is not extensively using the provisions of IPR. We all know that IPR includes various elements like patents, copyrights, and trademarks; geographical indicators; industrial design; and utility models. But to be more precise and detailed, we have narrowed down our study only to patents in India, and even in that, we have considered patent applications, patent grants, and patents in force. It is to be noted that India’s economy is vibrant and dynamic. An economy like India is truly in need of extensive use of IPR and its provision to protect the rights of the real owner and inventor. But most of the population is ignorant about the IPR, so we are making an attempt to understand what is India’s position in IPR and its applicability. To narrow down our research, we have confined our study to only patents. In a further study, we can analyze how we can improve the awareness, and it may also help us in updating of IPR laws and its provisions.

Консолідація освітньо-наукових технологій як імператив забезпечення транспарентності розвитку підприємств

It is determined that the economic nature of such a phenomenon as recession of any economy always outlines the alternative choice: the model of institutional inertia for the sake of protecting the internal ecosystem of a national economy or changing its configuration for the purposes of transformation and strategic development. It is concluded that the need to overcome the system challenges facing the Ukrainian economy and ensure sustainable development in the current conditions proves the expediency of intensifying the formation of a public system of innovations and, too, of strengthening the strategic scientific and technological forces. By deepening the reform of scientific and technical education, it is necessary to form a system of technological innovations, which considers enterprises as subjects of the innovations, which is market-oriented and provides an in-depth integration of production organizations, universities and research institutions. It is expedient to strengthen support for small and medium-sized enterprises in their innovative activities, to stimulate the commercialization of the results of scientific and technological activities, to form an innovative culture, a culture of protection and use of intellectual property rights. It is necessary to train a large contingent of strategically valuable scientific and technical personnel of the international level, leaders of scientific and technological activities, young specialists in the field of science and technology, to create high-level innovative teams. The creation of a modernized economic system is an urgent requirement due to the need to overcome barriers and the strategic goal of development. It is necessary to put quality first, giving priority to efficiency.

Is Kenya’s Coffee Certification Mark Destined To Fail? A Legal Discussion

Poor coffee prices, constant delays in payment, lack of government support and poor management of cooperatives have been the major challenges that have faced Kenya’s coffee sector for a while. Many Kenyan coffee farmers that had once reaped immense profits from the crop are no longer singing this tune. Although Kenyan coffee is considered among the best in the world, its farmers have been neglected despite it being Kenya’s major export. It was therefore a great feat when on 14th February, 2015 the Coffee Board of Kenya unveiled a certification mark of origin,‘Coffee Kenya So Rich, So Kenyan’, aimed at promoting consumer loyalty in the importing countries all while proving the distinctiveneness of Kenyan coffee in the international market. The move follows the use of intellectual property rights to be able to create a niche market for the possibility of raising profits for the communities that grow the crop especially seeing how European markets have successfully used intellectual property to create such niche markets with their agricultural products. African markets are slowly but surely catching up, especially with the use of geographical indications for Penja pepper, Oku Honey, Rooibos tea amongst others. However, such initiatives do not come without downfalls. This paper examines the legal state of Kenya’s coffee sector from the introduction of the Coffee Kenya certification mark. The aim of this research is to open a legal discussion around the already known problems plaguing the sector namely, the lack of transparency of the supply chain, failing cooperatives and the exclusion of smallholder farmers. It seeks to raise questions of whether the certification mark was a step too soon and whether these issues have been addressed since the introduction of the mark.

Legal Mechanism: Foreign Brand Claims Against Potentially Geographical Indications of Indonesia

International community has recognized the superiority and quality of original Indonesian products, as a result, some native Indonesian products are claimed by foreigners as their trademarks, for example Gayo Arabica Coffee and Toraja Coffee. Indonesia in providing protection is a bit behind in seeing the potential of its own region. The research problem is to examine the juridical claims of foreign companies against products with potential Indonesian Geographical Indications, and the settlement mechanism based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications. Research method used is normative juridical with a statute approach. Claim of foreign companies against products with the potential for Indonesian Geographical Indications is the use of Intellectual Property Rights without rights, based on the MUI Fatwa decision, this is an injustice that is unlawful. The legal settlement mechanism for foreign brand claims against products with potential Indonesian Geographical Indications based on Law Number 20 of 2016 concerning Marks and Geographical Indications is dependent on the violation of the claim, whether the party making the claim is in good faith or not. If at the time a sign is applied for registration as a Geographical Indication, a sign is used in good faith, the party can still use it for a period of two years, but if there is no good faith, it can take the mechanism of filing a lawsuit in the form of an application for compensation against the User of the Geographical Indication without rights.

메타버스 플랫폼에서의 '지식재산권' 분쟁의 해결 방안 연구

The global COVID 19 pandemic had accelerated the development of metaverse technologies. Moreover, Investment and support from governments and companies have become the driving force for the rapid growth of metaverse technologies. However, the rapid growth has resulted in negative effects such as the occurrence of new and emerging crimes in the metaverse space. Since crimes in the metaverse space can cause great damage to users, research on this area is needed. Therefore, In this paper, we define the ownership, creation, and use of intellectual property rights among the various crimes that can occur in the metaverse space. Our research is meaningful in preparing a safe virtual space for the post-COVID 19.

Agreement on the Reation and Custom Use of the Object of intellectual property rights

In the conditions of increasing attention of modern society and each of its members to creativity, manifestation of their personality, opportunities to disseminate creative activities through information networks, technical innovations, increasing importance and popularity are gaining agreements on intellectual property rights of this study. The purpose of the article is to determine the characteristics of the contract for the creation and use of intellectual property rights and disclose the content of new approaches in the legislative regulation of relations between customers and creators of intellectual property rights under contracts on the creation by order and use of the object of intellectual property rights. In the course of the research, to achieve this goal, the following methods were used, in particular: formal-logical, system-structural, empirical analysis, dogmatic and a number of others. This article analyses the concepts and features of the agreement on the creation by order and use of the object of intellectual property rights, identifies the essential terms of this agreement, its content, outlines the specific features of the parties to the transaction. The authors classify the agreements on the disposal of intellectual property rights and determine the place of the agreement on the creation by order and use of the object of intellectual property rights among these agreements. Current case law on contracts for the creation and custom of the object of intellectual property rights is studied. Current changes in the legislation of Ukraine, which regulates the distribution of rights between the customer and the creator, including based on the agreement on the creation of the order and use of the object of intellectual property rights. A comparative analysis is carried out with the previous version of certain norms of the legislation of Ukraine. Own conclusions on changes in the legislation of Ukraine on the ownership of intellectual property rights to objects created by order and further development of agreements on such objects in the field of intellectual property relations

РОЛЬ ІНДУСТРІЇ МОДИ У РОЗВИТКУ КРЕАТИВНИХ ІНДУСТРІЙ ТА ФОРМУВАННІ КРЕАТИВНОГО КАПІТАЛУ

The article is devoted to defining the role of the fashion industry in the overall development of creative industries in Ukraine and its influence on the formation of creative capital. It has been determined that the creative economy is becoming a characteristic feature of modern society. The development of creative industries and creative professions in information society is the most important factor for the formation of creative human capital. The understanding of the importance of creative industries for economic development has increased in recent decades. The fashion industry as a promising sector of the creative economy that actively develops on the use of intellectual property rights contributes to the formation of creative human capital in the world and in Ukraine. It has been established that the fashion industry influences the innovative development of many spheres of eco-nomic activity and the economy as a whole. In particular, the gross value added (GVA), employment and the number of subjects of creative industries in Ukraine are growing rapidly. The development of creative industries, which has recently been seen as an attribute solely to developed economies, affluent populations and high levels of education, is becoming particularly relevant to Ukraine, which can demonstrate its creative capital. The study concludes that the Ukrainian fashion industry is a new segment and commercial sector, which has recently been gaining momentum as a separate sector of the economy and includes not only the production and distribution of goods, but also related sectors. Having gone through several stages, the fashion industry in the XXI century has been recognized as a creative industry and has proven to have a strong commercial potential, making its own contribution to the development of the creative class and creative capital. The development of creative industries in Ukraine should give an impetus to the realization of creative abilities and ideas of the creative class and will contribute to the develop-ment of new creative capital and creative economy.

DEVELOPMENT OF MARKET THEORY: THE RELATIONSHIP BETWEEN COMPETITION RISK AND THE DIGITAL MARKET

The development of the Internet, big data, computer algorithms, artificial intelligence, selflearning robots and other areas of the digital economy contribute to improving life. At the same time, players with market power are emerging in the economy, based on the use of algorithms, big data, big analytics, the use of intellectual property rights, the widespread use of targeted marketing technologies on this basis, not only studying, but also forming consumer preferences. The consequences of digital transformation in the economy are significant, and symbolic changes in legislation and practice of its application cannot be dispensed with here. It is necessary to measure the risks and benefits of the digital economy for competition and public welfare. Risks need to be managed, and benefits need to be multiplied. It is necessary to evaluate the new situation in the markets based on the basic postulates, and also take into account that the dynamic nature of changes has become the main characteristic of the markets.

State national security policy and intellectual property issues

Keywords: state policy, national security, intellectual property
 National security (“NS”) of Ukraine is achieved through a balancedstate policy in accordance with accepted doctrines, strategies, concepts and programsin such areas as political, economic, social, military, environmental, scientific andtechnological, information, etc.However, many theoretical and practical issues concerning the definition of thecontent, challenges, tasks and mechanisms of implementation of effective functions ofpublic policy and management decisions for the further development of social processesstill remain insufficiently studied. Therefore, the main tasks of the NS system subjectsare constant monitoring of the impact on NS of processes taking place in variousfields (including intellectual property), forecasting, identifying and assessing possiblethreats, destabilizing factors and conflicts, their causes and occurrence consequences.In particular, the impact on NS (especially on defence capabilities) of the significantdevelopment of intellectual property and the full use of intellectual property rights isnot taken into account at all.State NS policy should include measures to prevent the emergence and neutralizationof sources of threats to NS under the influence of the development of intellectualproperty.Theoretical aspects of the state policy of National Security and Defence of Ukraine(“NSDU”) development are considered. The necessity of current problems definition inthis sphere and the inclusion of intellectual property questions in these processes isinvestigated. It is determined that the effective implementation of the state NS policyis impossible without a comprehensive analysis of intellectual property issues impacton the sphere of the NSDU. The importance of further research on the development ofa unified approach to improving the protection of intellectual property and its determinationas a component of NSDU, the development of appropriate recommendationsto address issues of intellectual property in this area and to neutralize sources ofthreats under the influence of intellectual property in the structure of NSDU.