PROTECTION OF INTELLECTUAL PROPERTY RIGHTS: PROBLEMS OF THEORY AND PRACTICE

The article examines the peculiarities of the protection of intellectual property rights in the context of the reform of national legislation in the field of intellectual property. It is proposed to consider the protection of intellectual property rights as a mechanism provided for by law, which consists of a system of forms, methods and means initiated by subjects whose rights have been violated and by specially authorized state bodies, whose activities are aimed at recognizing and renewing violated rights, stopping the violation of rights and legitimate interests of subjects of intellectual property rights in the event of their violation, challenge or non-recognition and on the application of state coercion measures to offenders. Currently, in Ukraine, activities related to the protection of intellectual property rights are mostly focused on the actions of the state to establish standards, and almost no attention is paid to the need of the business itself for self-improvement. Following the example of the United States of America, it is advisable for Ukraine to create associations, as a union for many types of businesses related to intellectual property rights, to develop a strategy to combat intellectual property rights violations and control the number of such violations. Despite the positive changes in the laws in the field of intellectual property rights protection carried out in recent years, it should be emphasized the presence of certain shortcomings and contradictions in the legal regulation of the procedure for the protection of rights to inventions, utility models and industrial designs, which, first of all, are caused by the lack of necessary changes regarding the implementation legislative norms to the sub-legal level. It is noted that measures to ensure the effective protection of intellectual property rights should be directed not only by the state and its bodies, the activities of the right holders themselves in monitoring the observance of their rights and preventing violations should play a major role in this process.