ADAPTATION OF THE EXISTING LAW OF UKRAINE ACCORDING TO THE EUROPEAN REQUIREMENTS ON INTELLECTUAL PROPERTY PROTECTION
Journal: LAW AND INNOVATIONS (Vol.1, No. 10)Publication Date: 2015-04-07
Authors : SHAPOVAL R.; SHPAK A.;
Page : 32-37
Keywords : intellectual property; codification; European law; international legal agreement;
Abstract
Problem setting. The article outlines the main directions of the European legislation development in the field of intellectual property. The feasibility codification of national legislation in the field of intellectual property is mentioned. The main ways of the implementation of legal norms of the international regulations into the national legal system to protect intellectual property are presented. Analysis of recent research works and publications. The problems of legislative support of intellectual property rights were investigated by such researchers as I. M. Bilous, N.V. Bocharova, I. I. Verba, A. A. Grets, V. O. Koval, R. V. Krot, P. D. Marchenko, Y. Y. Slobodyanska, O. A. Pidoprygora, G. V. Shemayeva etc. However, in terms of judicial reform more detailed research of the adaptation of the existing law according to legal norms of the foreign countries concerning intellectual property protection is needed. Target of research. The article aims to conduct comparative legal analysis of the state of legislative regulation and mechanisms for the protection of intellectual property rights in the legislation of the foreign countries and Ukraine, to find main ways of the implementation of legal norms of the international regulations into the national legal system to protect intellectual property. Article’s main body. Legislation of the European countries is being developed under the influence of the European Union Law (hereinafter - EU). Law-making of the EU institutions has become more active in recent years and it covers almost all aspects of intellectual property rights. Harmonization of the legislation in the intellectual property sphere of the EU is one of the most important conditions for membership in this influential international organization. Conclusions and prospects for the development. Further research of the items related to the harmonization of the national legislation with the European one is needed, especially connected with some specific issues of intellectual property protection: using court bans taking into account the interests of a third party, regulatory procedures for obtaining information and extracting counterfeit goods from the market, extracting goods with rights violation and equipment, which is used for the production of pirated goods, imposing sanctions.
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