PROTECTION OF INTELLECTUAL PROPERTY RIGHTS UNDER THE CIVIL LAW OF UKRAINE: MATERIAL AND PROCEDURAL ASPECTS

Autor: Yevheniia V. Lytvynenko, Kateryna D. Yanishevska, Svitlana S. Leleka
Jazyk: German<br />English<br />Spanish; Castilian<br />French<br />Ukrainian
Rok vydání: 2024
Předmět:
Zdroj: Alfred Nobel University Journal of Law, Vol 1, Iss 8, Pp 49-56 (2024)
Druh dokumentu: article
ISSN: 2709-6408
3041-2218
3041-2226
DOI: 10.32342/2709-6408-2024-1-8-5
Popis: In the current realities of Ukraine, the study of the problem of intellectual property rights protection under the civil legislation of Ukraine, with a focus on the latter through the prism of material and procedural aspects, is relevant and urgent. The vast majority of Ukrainians are involved in the intellectual property sector and are put off by its low level of protection. Moreover, foreign investors are also concerned about this issue, which, as a result, reduces the volume of foreign investment. Solving the problems of protection of intellectual property rights contributes to ensuring stability at the national level, which is important in everyday life, and especially during martial law. The author analyses that the issue of regulatory regulation of intellectual property rights protection is paid attention to not only in Ukraine, but also in other countries of the world, where the codification processes have certain differences, but in national legislation it is less distinguished than, for example, in the EU Member States. The latter, in this way, prove its importance in the context of profit. Undoubtedly, the national institution has both positive and negative features, and as a result, the negative aspects have been identified as prevailing, but, given the comparison of this institution through the prism of time, its effectiveness can be traced to a certain extent. Thus, taking into account Russia's destructive actions, intellectual property law can be characterized as capable of withstanding great pressure. The author focuses on the delineation of related rights and improvement of the classification of the law in question in order to exclude false identifications between the latter. The author identifies the establishment of the High Court of Intellectual Property as an urgent need to improve the level of protection by creating a specific judicial body that will be better equipped to resolve relevant disputes. In addition, the author examines the need to encourage judges to improve their competence in this area. The author concludes that the national institution of intellectual property law needs to adopt the best foreign practices, but without completely eradicating Ukrainian legislative peculiarities. This generalization is made due to the doctrinal impossibility of removing long- term developments based on the differences of Ukrainian society, and therefore it is inappropriate to apply exclusively general legal structures.
Databáze: Directory of Open Access Journals
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