ADMINISTRATIVE-LEGAL REGULATION IN THE SPHERE OF INTELLECTUAL PROPERTY: SEPARATE ASPECTS

The article is devoted to clarifying the specifics of administrative-legal regulation in the sphere of intellectual property at the present stage of reformation of the state system of legal protection of intellectual property in Ukraine. The administrative-legal regulation of public relations in the sphere of intellectual property is proposed to understand as the legal impact on these public relations, carried out using a complex of administrative-legal means, which is aimed at achieving the general goal of administrative-legal regulation in the process of ensuring the appropriate conditions for the creation, effective use, protection and defense of the intellectual potential of the nation in the interests of developing a competitive economy of Ukraine based on knowledge and innovation. It is noted that the administrative-legal regulation of relations in the sphere of intellectual property has features that are manifested in the specifics of administrative-legal norms, the goals of legal (administrative-legal) regulation, administrativelegal means that ensure its effectiveness, the institutional component of the organizational and legal mechanism in this sphere. The analysis of the legal framework of administrative-legal regulation of relations in the sphere of intellectual property is carried out. Particular attention is paid to the existing problems of the institutional system in this area, as well as the process of its reform in the context of the adoption of the Law of Ukraine «On amendments to certain legislative acts of Ukraine concerning the establishment of a national intellectual property body» dated June 16, 2020 № 703-IX. Attention is focused on the shortcomings of this regulatory legal act. It is concluded that increasing the level of efficiency of the regulatory framework, strengthening the institutional and functional capacity of public administration entities in the sphere of intellectual property, as the pivotal factors of the effectiveness of administrative-legal regulation in this area, is possible only if the principles of systematicity, expediency, validity and consistency are observed, as well as taking into account the interests of all subjects of public relations in the sphere of intellectual property.