| Abstrakt: |
The article touches upon the topic of intellectual property protection in the era of globalisation and reveals the principles of national legal order at the beginning of the formation of the foundations for protection of intellectual property rights, which will in fact serve as a qualitative basis for resolving potential disputes in the future. The study shows that intellectual property has no borders, because if an author writes, say, a software code, he or she will be its author both in Ukraine and abroad (in this case, we are talking about the presumption of authorship). The author identifies and describes certain characteristics inherent in the current intellectual property regime. It is substantiated that in our country one can protect one's rights by concluding a contract to prevent future conflicts, or by applying alternative means of dispute resolution. An example of the first case is an agreement on the transfer of rights to use a work, while the second case is exemplified by such models as negotiations or dispute resolution with the participation of a judge. The author proposes an action-oriented approach, which consists in directly informing the society about ensuring the needs of integrity in the use of other people's intellectual property for the purpose of combating plagiarism in Ukraine. This can be implemented precisely by creating a register of preregistered works that have already been certified by the Ukrainian National Institute of Intellectual Property. This view will be of interest to intellectual property professionals. Particular attention is paid to one of the novelties that occurred in our country during the war, in particular, it is highlighted that the application for termination of copyright infringement must contain confirmation of the accuracy of the information submitted as evidence by a lawyer or patent attorney. In addition, the latter's powers include filing such applications (in written or electronic form, with the signature of an intellectual property representative), finding out the applicants' contacts, including direct confirmation of their intellectual property rights. The analysis of the European Court of Human Rights judgment allowed us to trace a clear correlation between the existence of official registration documentation (e.g., a copyright registration certificate or a final court decision) and the actual confirmation of the existence of a set of intellectual property rights. Thus, such correlation is a crucial criterion for determining whether the intellectual property itself falls under the protection of the European Convention on Human Rights, and in the absence of such confirmation, this situation may result in the European Court of Human Rights refusing to recognise the right of ownership of a particular intellectual property object. [ABSTRACT FROM AUTHOR] |
