TO THE ISSUE OF IMPROVING THE SYSTEM OF ADMINISTRATIVE AND LEGAL PROTECTION OF THE OBJECTS OF INTELLECTUAL PROPERTY RIGHT
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 6, Issue
Abstract
The article is devoted to highlighting the topical issue and the main provisions for the development of administrative and legal protection of intellectual property. Administrative and legal protection takes a significant sector among the ways to counter infringements of intellectual property rights due to specific legal relationships between the parties. The coherent system of intellectual property protection created in Ukraine. It includes the legislation as well as appropriate infrastructure and mechanisms for its implementation. This system is generally in accordance with international standards in the field of intellectual property. Administrative and legal security support for intellectual property rights is based on the laws and standard regulations of Ukraine in intellectual property. Literature data analysis determined the government departments that have powers in intellectual property and realisestate administrative function of intellectual property protection: authorities of the Ministry of Internal Affairs, customs authorities, the Department of Investigation of Unfair Competition of the Antimonopoly Committee of Ukraine and state inspectors in matters related to intellectual property. Also, established the main causes that hinder full implementation of public administration at the level of organisational and functional mechanism: imperfect differentiation, vaguely definition and, in some cases, duplication of powers for authorities engaged in the protection of intellectual property. The pending problem is coordination of activities and administrative legal support for subjects of the administrative right of intellectual property. The new laws and standard regulations of Ukraine can be of service: they may compensate the liquidation factor of the State Intellectual Property Service in order to improve conditions, dynamics and material resources for the process of intellectual property rights protection in Ukraine. It’s important to determine the strategy of combating infringements of intellectual property rights, and in accordance with it to develop the legal rules, which would have intensified opposition to these violations from law enforcement at the regional and local levels. For this purpose, it is necessary to conduct structural and organisational changes in the apparatus of local law enforcement with separation of structural units that specialise in preventing and combating infringements of intellectual property rights. It was established that training and improving skills of specialists in intellectual property is one of the key directions of system improvement for administrative and legal protection against violations of intellectual property rights and capacity building of law enforcement officers.
Authors and Affiliations
V. O. Petrenko, T. A. Volikov, V. H. Ohurchenko
Keywords
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