МІЖНАРОДНІ ЗАСАДИ КРИМІНАЛЬНО-ПРАВОВОГО ЗАХИСТУ ОБ’ЄКТІВ ІНТЕЛЕКТУАЛЬНОЇ ВЛАСНОСТІ

The article emphasizes that ensuring proper protection of intellectual property rights in modern conditions is a priority task of state policy, an integral condition of such policy is the protection of the subjective rights of right holders of intellectual property objects, ensuring the process of innovation acceleration and economic development of the Ukrainian state. This is due to the increased interest and constantly growing role of intellectual property in the life of a person, society, and the state as a whole. The emphasis is on the role of the state and its authorized bodies called upon to ensure the protection of intellectual property rights, whose activities should be aimed primarily at protecting the property and personal non-property rights of rightholders of intellectual property objects, at eliminating the causes that give rise to violations of intellectual property rights, and in the event of a violation - at bringing the guilty persons to legal responsibility, using the entire mechanism of public-legal protection of intellectual property. It is emphasized that the main goal and task of the state in the field of intellectual property should be a consistent combination of the interests of the owners of intellectual property rights, society and the state. It is noted that in order to ensure public and private interests, in Ukraine state power is exercised on the basis of its division into legislative, executive and judicial, each of which plays an important role in the public legal protection of intellectual property rights. The analysis of specific regulatory legal acts analyzed the activities of the Verkhovna Rada of Ukraine, the Committee of the Verkhovna Rada of Ukraine on Education, Science and Innovations, the Cabinet of Ministers of Ukraine, the Ministry of Economy of Ukraine, the Ministry of Agrarian Policy and Food of Ukraine, the Ukrainian National Office of Intellectual Property and Innovations, and the activities of courts in the field of intellectual property protection. The conclusions provide a theoretical definition of the concept of «public legal protection of intellectual property».

This article is devoted to the definition of state authorities which establish the legal regime in the field of protection and enforcement of intellectual property rights to plant varieties. The author defines the powers of the Cabinet of Ministers of Ukraine as the highest body in the system of executive authorities, the State Service of Ukraine on Food Safety and Consumer Protection as the controlling body and the Ministry of Agrarian Policy and Food of Ukraine as the competent authority which is the main body in the field of protection of intellectual property rights to plant varieties, since it is entrusted with a list of tasks in the field related to protection of rights to plant varieties. The Ukrainian Institute of Plant Variety Expertise is an authorized institution to conduct scientific and technical examination of plant varieties. It is established that the State Service of Ukraine for Food Safety and Consumer Protection is the controlling body in the field of plant variety rights protection and the types of control it exercises are defined. The state body responsible for conducting scientific and technical expertise of plant varieties is the Ukrainian Institute of Plant Variety Expertise, which operates on the basis of the Charter. The issue of problems arising in the course of concluding license agreements for the use of plant varieties is raised. The author analyzes the case law and provides an example of a court decision that addresses infringement of intellectual property rights to plant varieties. The reasons for infringement are often preceded by low awareness of the owners of property rights and rights to distribute plant varieties, since the issue of effective commercialization depends on the stage of granting licenses for the use of the said intellectual property. The article illustrates the example of the Network of Technology and Innovation Support Centers (TISC), which operates within the structure of the national patent office – UKRNOVI, conducting educational activities and providing information and advisory support and services on intellectual property protection, commercialization and promotion of innovations in Ukraine and abroad. The list of foreign countries with special patent courts, where cases related to infringement of intellectual property rights are considered, is provided. The issue of launching the High Court of Intellectual Property is considered, since the creation of such a court is aimed at resolving numerous issues in the field of intellectual property rights protection. The article concludes with a general conclusion about the state authorities whose activities are related to the protection and enforcement of intellectual property rights to plant varieties and the problems that exist today.

The article highlights the current state of intellectual property protection in Ukraine. It is emphasized that in accordance with the provisions of Art. 41 of the Constitution of Ukraine, everyone has the right to own, use and dispose of their property, the results of their intellectual and creative activities. Article 55 of the Constitution of Ukraine stipulates and guarantees everyone the use of all national types of legal protection, protection of rights and freedoms in court. According to the second part of Art. 124 of the Basic Law, the jurisdiction of the courts extends to any legal disputes and all legal relations arising in the state. In addition to the guaranteed constitutional right to judicial protection of intellectual property rights, the norms of special legislation in the field of intellectual property determine the legal basis for the protection of violated rights. In connection with the reform of the state system of legal protection of intellectual property, the Concept of reforming the state system of legal protection of intellectual property in Ukraine, approved by the order of the Cabinet of Ministers of Ukraine dated June 1, 2016 No. 402-r, was analyzed, which states that the state system of legal protection of intellectual property property implements the state system of legal protection of intellectual property, and also draws attention to the imperfect and inert system of state management of intellectual property, which has led to the absence of significant changes in the adaptation of the legislative framework to modern economic and political conditions (the fight against patent trolling, Internet piracy, satisfaction needs of the IT industry, military industry), as well as the National Strategy for the Development of Intellectual Property in Ukraine for the period until 2020, where a two-level structure of the state system has been created instead of a three-level structure. Separate provisions of the legislation, the norms of which guarantee the protection of intellectual property rights, as well as special laws and by-laws defining the reformation and functioning of the state system of legal protection of intellectual property, are considered. Attention is drawn to the fact that today the state system of intellectual property protection in Ukraine has an extensive system of state authorities that ensure the protection and protection of the violated subjective rights of copyright holders. The existing problematic issues of intellectual property protection are analyzed and the author’s proposals for improving the state of protection and protection of intellectual property rights in Ukraine are formulated.

The article is devoted to the research of the intellectual property rights system in Ukraine. Intellectual property is the result of the creative activity of any person or group of people. The author studied the categories «intellectual property» and «intellectual property right», investigated the principles of intellectual property and the system of intellectual property rights of Ukraine. In Roman law, there was the term «property», because the «property right» in its classical meaning was formed in Rome, and related to private relationships. Intellectual property is the property of a person that arose as a result of her creativity. However, for our Ukrainian legislation, the expression «intellectual property» is «terra incognita». Yes, intellectual property is studied by such branch legal sciences as: civil law, administrative law, international law, and others. Formed the State Service of Intellectual Property, but the organization of the state system of legal protection of intellectual property, in our difficult times, wants a better one. In the legal literature on intellectual property issues various definitions of «intellectual property right» are given. From a subjective point of view – this is a subjective right, and from an objective point of view – a civil law institute, a set of legal norms that regulate relations in the system of creation and protection of intellectual property. Man, his freedom and rights are the most important value of evolutionary development of society, which manifests itself in the growth of the intellectual potential of the population of each country. Only man possesses intelligence, creative potential and creative abilities. In addition to it, on earth, no living creature can create. Creative activity is the most important aspect of human life, which allows you to convey your talent to society. The consequence of this activity is something new, unique, unique and original. The accumulated products of the human mind are the heritage of the nation, which determine its further development.The Constitution of Ukraine guarantees to the citizens of the state freedom of scientific, artistic, literary and technical creativity, protection of intellectual property rights, moral and material interests arising in connection with various types of intellectual activity. Every citizen has the right to the results of his intellectual, creative activity; no one can use or distribute them without his consent, with the exception of the statutory provisions. The intellectual potential of the nation, in the form of improving education, production, culture, science and technology, needs constant support from our state. The Civil Code of Ukraine for the first time in our national legislation was given a formal definition of the right of intellectual property, as the rights of the individual to the result of intellectual, creative activity or other object of intellectual property rights.

According to Art. 1 of the Constitution of Ukraine is a social, democratic and legal state. Its development, in accordance with constitutional provisions, is impossible without effective means of protecting human rights and freedoms, including rights to intellectual property objects. It is worth noting that in modern conditions, intellectual property is developing rapidly, its objects are becoming more widespread, so it needs proper protection. The reason for the violation of intellectual property rights is the nature of the objects themselves, which makes it possible to easily and quickly reproduce and distribute them. In world practice, various forms of protection of these rights are used. But protecting them in court, as a rule, requires a lot of time, money and effort. Therefore, mediation is increasingly used as a form of protection of intellectual property rights. An important condition for the integration of our country into the European Union is the creation of a legal framework that would meet international standards, in particular in the field of intellectual property. It is important to adopt the positive experience of foreign countries in the field of legal regulation and functioning of alternative methods of dispute resolution. It should be noted that mediation in Ukraine is just beginning its development, however, on the basis of international standards and experience, we can analyze which aspects of legal regulation need to be improved, in particular for the protection of intellectual property. The use of mediation in the field of intellectual property in Ukraine would contribute to the improvement of the efficiency of dispute resolution, would improve the legal mechanisms for the protection of rights and legitimate interests, and would harmonize the current national legislation with international standards in this area. The purpose of this article's research is the issue of using mediation to resolve conflicts and protect rights to intellectual property objects.

Introduction. The pro-European course of development of a democratic state creates a number of obligations to implement the needs to improve domestic legislation to European standards. The nature of the origin of intellectual property rights (close connection with innovative achievements in the field of scientific and technological progress) requires comprehensive approaches to solving the problems of protecting and defending rights to such objects.The development of scientific and technological progress both contributes to the emergence of innovative approaches to the creation of intellectual property objects and encourages specialized bodies to identify new ways of violating exclusive rights. The legal processes outlined above require a comprehensive doctrinal study with the prospect of developing practical recommendations on issues such as preventing actions to violate subjective intellectual property rights and protecting already violated, unrecognized, or contested rights. Taking into account the conclusions of the European Court of Human Rights is key to developing the most effective mechanisms for the protection and enforcement of intellectual property rights. Summary of the main results. Doctrinal research into the processes of interaction between the development of intellectual property and other legal institutions (such as freedom of expression), in interaction with the use of new technologies and in the context of the practice of the European Court of Human Rights has made it possible to make the following theses: mechanisms for protecting intellectual property rights are closely linked to procedural processes that are implemented directly during the consideration and resolution of the case. In particular, court opinions perform a supporting function in matters of forming a line of defense; the quality of the level of implementation of intellectual property rights depends on the level of fulfillment of the state's positive obligations to ensure measures to protect and defend such rights. This concerns the state's obligations to comply with procedural obligations regarding the timing of procedures at the stages of pre-trial investigation and trial, etc.; the interaction of legal phenomena at the level of individual institutions contributes to the emergence and ascertainment of new forms of infringement of intellectual property rights. The practice of the European Court of Human Rights has stated and recognized as a violation the inaction of persons (in terms of checking the content of information regarding infringement of intellectual property rights) who were responsible for granting permissions to post information on the website; the permissibility of the state's application of restrictions may be determined by an urgent social need. Conclusion.The conducted doctrinal analysis of the specialized practice of the European Court of Human Rights in the field of intellectual property rights provided an opportunity to formulate conclusions of practical importance, the use of which will contribute to the improvement of instruments for the protection of violated rights and the conduct of further scientific developments in the field of protection and defense of intellectual property rights.

A condition for the effective integration of Eurasian Economic Union member states economies is creating a set of mechanisms for the use of intellectual property objects in modern circumstances. With significant intellectual potential existing in the EAEU countries, the process of commercialization and use of intellectual property objects is not carried out sufficiently. Considering the main purpose of the Union's functioning, this problem has to be solved comprehensively and consistently. The article presents the main results of study of customs regulation system of goods containing intellectual property objects crossborder movement in the context of Eurasian integration. It is noted that the violation of intellectual property rights occurs not only among competing companies as a plagiarism or industrial espionage, but also within framework of agreements concluded between copyright holders and users of intellectual property rights. The EAEU countries cooperate and organize interaction of authorized bodies also to form a unified system of intellectual property rights protection within the EAEU, SCO, BRICS, as well as the WTO. In order to improve the system of customs control of goods containing intellectual property objects, constant adjustments and modernization of methods for controlling the intellectual property objects movement across the customs border of the EAEU are required to ensure the maximum possible protection of intellectual property holders from illegal actions of third parties. The publication was made within the framework of the state assignment for 2021 No. 0851-2020-0034

From a legal perspective, analyze the connotation and logical relationship of intellectual property rights in Emei martial arts, point out the Legal dilemma in protecting Emei martial arts intellectual property rights, and then propose solu-tions to the problems. The study believes that the intellectual property rights of Emei martial arts refer to the intellectual property rights based on the intellec-tual achievements and commercial logos of Emei martial arts. The legal dilemma in the protection of intellectual property rights in Emei martial arts mainly manifests as follows: the identity of the rights subject of intellectual property rights in Emei martial arts and the intangible cultural heritage of Emei martial arts is the root cause of the conflict between public and private interests; to some extent, the sports nature of the intellectual property rights of Emei martial arts has influenced the legal recognition of this part of Emei martial arts intel-lectual property rights in the academic community; the inadequacy of the legal system is the fundamental reason why the intellectual property rights of Emei martial arts are difficult to obtain comprehensive protection. Based on this, the study proposes that technological innovation is a logical prerequisite for the protection of intellectual property rights in Emei martial arts. It can be achieved by extracting the classic techniques of Emei martial arts, constructing repre-sentative martial arts routines, and creating Emei martial arts competition pro-jects; The improvement of the legal system is the legal foundation for the pro-tection of intellectual property rights in Emei martial arts. In this process, it is necessary to particularly strengthen the important position and role of the Sports Law in the protection of intellectual property rights in Emei martial arts, and improve the basic position and auxiliary function of relevant intellectual property laws in the protection of intellectual property rights in Emei martial arts; The enrichment of theory is a powerful argument for the protection of in-tellectual property rights in Emei martial arts. Strengthening theory must be combined with the characteristics of sports, in order to build a solid legal foun-dation for the protection of the object of rights. In addition, the protection of intellectual property rights in Emei martial arts should focus on benefits, which requires balancing public and private interests and promoting the realization of public welfare through private rights protection

This chapter investigates the economic role of intellectual property rights in the national and international context and discusses the pros and cons of intellectual property protection for developing countries. It highlights the international dimensions of infringement of intellectual property rights. The chapter explores the use of country case studies and investigates the economic performance and government policies on foreign investment, trade, indigenous development, technology transfer and intellectual property protection of the Republic of Korea, Taiwan, Singapore, and Thailand. It focuses on some conclusions on the relationship between economic development and protection of intellectual property rights in developing countries. Some Southeast Asian nations which had adopted more defensive strategies towards intellectual property protection have reassessed their contribution to domestic technological and creative development. The chapter discusses the foundation for the demands, namely infringement of patents, trademarks, copyrights, trade secrets, and semiconductor chip designs in Southeast Asian nations.

The purpose of this study was to examine the mechanisms for regulating and protecting intellectual property rights in the context of the production of personal protective equipment in the context of a threat to national security. To this end, the study analysed Ukrainian legislation and international regulations governing intellectual property rights, particularly those of manufacturers of personal protective equipment. Thus, in the context of a threat to national security, the intellectual property rights of Ukrainian manufacturers of personal protective equipment were found to be crucial due to the military conflict and the need to protect both the population and the armed forces. The state must guarantee access to vital technologies while respecting the rights of producers, which makes the issue of intellectual property particularly relevant considering the growing demand for the latest developments in the personal protective equipment sector. Cooperation with international partners in the field of technology and intellectual property protection can help develop national production of personal protective equipment and reduce dependence on imported supplies. Government agencies should focus on developing policies that promote the protection of intellectual property rights and provide mechanisms to support manufacturers in critical situations. Raising awareness of producers about their rights and opportunities to protect intellectual property is a crucial step in strengthening their market position. It is essential to strike a balance between the protection of intellectual property rights and the needs of society in the context of a threat to national security. Governments should consider temporary relaxation of rights in times of crisis to ensure overall security

Intellectual property rights-–copyrights, trademarks, patents, trade secrets, and related rights-–have become increasingly important with the advent of increased international trade, global and knowledge-based economy and fast developing technology. A strong intellectual property rights regime is necessary in order to attract foreign trade and direct investments. For this reason, the protection of intellectual property rights has become an_x000D_ important negotiating item in all FTAs which the United States has entered into. In view of the proposed RP-US FTA negotiations, this paper seeks to determine whether the_x000D_ existing intellectual property regime in the Philippines provides adequate and sufficient legal protection of intellectual property rights. It also seeks to determine whether the administrative and judicial processes are adequate and speedy and acceptable in the enforcement and protection of said rights in the light of FTAs already entered into by the United States with other countries, in general, and with Singapore, in particular, which will be the benchmark for the RP-US FTA. Other relevant issues in the protection of intellectual property rights such as the annual review of ountries by the United States Trade Representative in relation to Special 301 of the U.S. Trade Law; piracy of optical media, including books and pharmaceuticals; and the Trade-Related Aspects of Intellectual Property Rights (TRIPS) are also discussed. The author proposes certain provisions to be added to the Intellectual Property Code; sustained, consistent and stricter implementation of intellectual property laws including more efforts at curbing piracy; and more importantly, a strong political will and a strong determination to strengthen intellectual property rights, as necessary to make the IPR regime up to par with U.S. and international.

Relevance. Fundamental differences in the processes of development and maintenance of artificial neural networks from the algorithmic approach determine the relevance of the development of the existing scientific and methodological platform for solving technological and regulatory issues in the field of software development and legal protection of intellectual property of artificial intelligence systems.The purpose of the study is to formulate scientifically based conclusions that determine the directions for solving the scientific problem of legal protection of intellectual property on artificial neural networks.Objectives: to formulate a list of scientific tasks necessary for solving the scientific problem of legal protection of intellectual property rights to artificial neural networks; to develop proposals for improving the regulatory framework for registering intellectual property rights to artificial neural networks.Methodology. The methodological basis of scientific research was the dialectical method of understanding the phenomena and processes of the surrounding reality.Results. The obtained results of the study provide the opportunity to improve the regulatory framework establishing the basic principles of legal relations arising during the registration of intellectual property rights to artificial neural networks.Conclusion. The solution to the problem of legal protection of intellectual property on artificial neural networks should be based on the improvement of the existing regulatory framework for the registration of intellectual property rights, as well as regulatory acts that determine the rules for registering and securing intellectual property rights to arrays of training sample data and (or) arrays of trained models of artificial neural networks, as well as to the topology of integrated circuits of neuromorphic processors.

Nowadays, one of the pressing issues of intellectual property protection is unsystematic judicial enforcement. It is a common situation when different courts hold diametrically opposite positions in similar cases. Moreover, court decisions do not always comply with the existing law and litigation practice in intellectual property cases, which ultimately hinders the uniform and accurate application of the law in this sphere. In addition, the effectiveness of intellectual property rights significantly reduces due to the adoption of ‘ridiculous’ judicial acts, which negatively affects the policy pursued by Kazakhstan to fight against the violation of the above-mentioned rights. The article is relevant since the problem in question is insufficiently studied, which conditions scientific interest and determines its applicability. The main objective of this research is to consider and analyze law enforcement based on the study of civil cases in the sphere of intellectual property, as well as identify contradictions and gaps in the current legislation on intellectual property protection.
 In this regard, the article aims at identifying the controversial aspects of this category of cases, explaining their causes and offering a possible solution. The article analyzes judgments delivered by courts of the Kostanay Region regarding intellectual property, evaluates the existing legislation on intellectual property rights, reveals topical issues and develops ways of addressing them. The main approach to studying the above-mentioned problem is analysis that helps consider some claims challenging certain intellectual property rights, which is also the research object. Since the litigation practice concerned with intellectual property protection is being developed, this article can predict a possible position of courts on this issue. The theoretical and practical significance of this study is conditioned by the conclusions drawn by the authors regarding the development and improvement of the current civil and civil procedure legislation. Thus, this article is of practical interest not only to students and lecturers within the framework of the ‘Intellectual Property Rights’ discipline, but also to intellectual property owners and judges.
 The scientific novelty of this study can be explained by the comprehensive approach to analyzing the effective protection of intellectual property rights in modern conditions with due regard to the law enforcement system of Kazakhstan and the need to strengthen the role of the state in solving problems related to the protection of intellectual property rights.

The article examines the main aspects of using CRM systems in the management of relationships in companies under the condition of ensuring intellectual property rights. It was determined that the protection of intellectual property rights is considered through the prism of the development and implementation of a system of legal norms that require regulation of relations aimed at the need to create and implement intellectual property objects. The need to protect intellectual property rights, which is mediated by the design, development and use of special software, has been proven. Based on the analysis of the essence of the concept of intellectual property and the definition of its main components, the introduction of specially developed software is proposed. The choice of the software environment and tools for the implementation of the visual design of the proposed database is substantiated, which unites all stages of its development and implementation in a single seamless environment for the purpose of ergonomics and optimization of writing code in the appropriate scripting environment, which aims to ensure the generation and reproduction of tables, comparison of databases, synchronization of schemes and data, preparation of reports and optimization of the methodology and technology of their distribution, as well as fast and effective security management in databases. The main areas of implementation of the CRM management strategy and the implementation of software developments in the organization of the company's work, as well as the components of the information support of CRM systems, are presented. The method of implementing the CRM strategy in the company's activities is proposed. An information system for accounting of the company's activities was designed and developed on the basis of the CRM system. The main features, advantages and disadvantages of using CRM systems in the company's activities are determined. The scientific and practical utility of the proposed information management system allows for a step-by-step and component analysis of all business processes, to make management decisions for the purpose of better cooperation and legal protection of intellectual property in the modern information space.

Incomplete Harmonization Contracts in International Economic Law: Report of the Panel, China - Measures Affecting the Protection and Enforcement of Intellectual Property Rights, Wt/Ds362/R, Adopted 20 March 2009