PROBLEMATIC ISSUES OF AdMINISTRATIVE ANd LEGAL SUPPORT OF INTELLECTUAL PROPERTY PROTECTION IN UKRAINE
Journal: LAW AND INNOVATIONS (Vol.1, No. 8)Publication Date: 2014-11-11
Authors : Shpak A. P.;
Page : 39-48
Keywords : intellectual property; consultative and advisory bodies.;
Abstract
Problem setting. Nowadays a vibrant system of legal protection of intellectual property rights is needed. It has been constantly developed since the times (90s of the last century) when the foundations of a national regulation system of this extremely important area were initiated. Simultaneously it was revealed that there were serious problems and deficiencies of its functioning, which had affected the formation of a new innovative model of the country’s development, made relations of Ukraine with the leading states of the world more complicated. Analysis of recent research works and publications. The theoretical aspects of the administrative and legal protection of intellectual property rights were included into the research works of such legal scholars as V. B. Averyanov, O. M. Bandurka, N. V. Bondarchuk, V. O. Bonyak, R. G. Valeyev, S. M. Gusarov, K. G. Gryschenko, V. S. Zhuravskyi, T. A. Kolomoyets, A. T. Komzyuk, S. M. Yaro- voy etc. Target of research. The article is devoted to the topical issues of the establishment (restoration) of some advisory bodies and authorities, their work in order to solve the problem of the infringement of intellectual property. The purpose of this article writing is to examine the issues arising in the process or as a result of the publication of legislative and regulatory documents to combat the infringement of intellectual property, including the establishment of appropriate bodies (advisory), which facilitate resolv ing aforementioned issues. Article’s main body. The legislation of Ukraine provides an administrative solution of a wide range of issues of intellectual property protection. Norms of administrative law relating to the protection of intellectual property rights are contained in the Code of Ukraine on Administrative Offences, Customs Code of Ukraine, such Laws of Ukraine as ?On the Protection of Rights to Inventions and Utility Models?, ?On the Protection of Rights to the Industrial Design?, ?On the Protection of Rights to Trademarks for Goods and Services?, ?On the Protection of Rights to Appellations of Origin?, ?On the Protection of Rights to integrated circuits?, ?On the Protection of Rights to Plant Varieties?, ?On the distribution of audiovisual works, phonograms, computer programs, databases?, ?On peculiarities of the state regulation of business entities related to the production, export and import of disks for laser reading systems?. Conclusions and prospects for the development. It is clear that a matter of priority is to ensure consideration of draft laws on intellectual property in order to bring national legislation into the conformity with international agreements signed by Ukraine and according to the EU legislation; to approve the draft law on amendments to certain legislative acts of the intellectual property; to undertake the work to eliminate discrepancies between normative and legal acts on these issues; to implement a regular monitoring of the practical application of legislative acts in the field of intellectual property; to extend obtaining special education in the field of intellectual property according to the state order for employees of central and local authorities, judges, law enforcement officers; to introduce special course on the basics of intellectual property at secondary schools, vocational schools and specialized courses at the higher educational establishments; to train and retrain specialists in the field of intellectual property; to introduce an e-learning system of training specialists in the field of intellectual property etc. These steps will contribute to the development and qualitative improvement of the system of the protection of intellectual property in Ukraine, rapid economic development and improvement of its international image.
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