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Publication date: 29.05.2024
Лоер
The right to intellectual property protection: mechanisms and challenges
Introduction
Intellectual property (IP) is one of the most valuable assets in the modern world, facilitating innovation, cultural development and economic growth. Protecting intellectual property rights is key to ensuring creativity and innovation are rewarded, and to stimulating further advancements in various fields. In this article, we will consider the main aspects of intellectual property protection, ways of protecting rights, features of judicial protection, as well as current problems related to the protection of IP on the Internet.
Protection of intellectual property rights
Protection of intellectual property rights includes a set of legal and administrative measures aimed at protecting the rights of authors, inventors and other creators to the results of their creative activity. The right to intellectual property protection is a fundamental right guaranteed by national and international law.
Ways to protect intellectual property rights
Protection of intellectual property rights can be carried out in various ways, in particular:
Administrative protection. Appeal to state bodies that monitor the observance of IP rights, for example, patent offices or antimonopoly bodies.
Civil legal protection. Filing a lawsuit in court with a demand for the cessation of violations, compensation for damages, payment of compensation, etc.
Criminal legal protection. In cases where violations of IP rights have signs of criminal offenses, it is possible to involve law enforcement agencies and bring the guilty parties to criminal liability.Forms of protection of intellectual property rights
Forms of protection of intellectual property rights include:
Registration of rights. Formal registration of IP objects (patents, trademarks, copyrights) in the relevant state bodies.
Contract form. Conclusion of license agreements, agreements on the transfer of rights and other agreements regulating the use of IP objects.
Judicial protection of intellectual property rights. Appeal to the courts to protect one's rights and interests in case of their violation.
The problem of intellectual property protection on the Internet
The Internet creates new challenges for the protection of intellectual property. The main problems include:
Piracy. Illegal distribution of copyrighted material such as music, movies, software.
Cybercrime. Using the Internet to violate IP rights, in particular through falsification, fraud, theft of trade secrets.
Jurisdictional issues. Difficulties with determining jurisdiction in cases of infringement of IP rights on the Internet due to the global nature of the network.
Protection of intellectual property rights in Ukraine
Protection of intellectual property in Ukraine is carried out in accordance with national legislation and international treaties to which Ukraine is a party. The main legal acts in this area are:
The Civil Code of Ukraine. Regulates the main issues of protection of IP rights.
Law of Ukraine "On copyright and related rights". Defines the legal regime of copyright protection.
Law of Ukraine "On protection of rights to signs for goods and services". Regulates the issue of trademark protection.Law of Ukraine "On Protection of Rights to Inventions and Utility Models". Establishes the procedure for the protection of patent rights.
Ways to protect intellectual property rights in Ukraine
Protection of intellectual property rights in Ukraine is carried out by:
Registration of IP objects. Filing applications for patents, registration of trademarks, copyrights.
Administrative measures. Appeal to the State Enterprise "Ukrainian Institute of Intellectual Property" (Ukrpatent) and other bodies for the protection of rights.
Court procedures. Filing lawsuits in court for the purpose of termination of violations, compensation for damages and compensation.
Conclusion
The protection of intellectual property rights is an important component of the legal system that ensures the protection of creative achievements and innovations. Effective protection of intellectual property rights requires a comprehensive approach that includes administrative, civil and criminal measures. It is also important to consider the specific challenges associated with IP protection on the Internet. In Ukraine, the protection of intellectual property is regulated by a developed legislative framework that meets international standards and provides legal protection of IP objects.
