Efficient use of intellectual property

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».

The purpose of the article is to identify the optimal approaches to the protection of intellectual property rights in international trade in agriculture based on the experience of the Russian Federation and China. The methodology of the study adopted in this article consists in a comprehensive consideration of modern approaches to the protection of intellectual property in international trade in agricultural products in Russia and China. Conclusions. At the international level, Chinese agricultural products face such problems as the protection of intellectual property rights abroad and technical barriers, which emphasizes the need to strengthen the protection of intellectual property. It is advisable to promote separate legislation on geographical indications and local centers for the protection of agricultural intellectual property (for example, a pilot project in Fujian Province), which can lead to a further increase in the competitiveness of Chinese agricultural products in the international market. In Russia, in the context of the research topic, the protection of traditional objects of patent rights (inventions, utility models, industrial designs), selection achievements, geographical indications and appellations of origin of goods, as well as other means of individualization, computer programs is of particular importance). The article separately examines the specifics of intellectual property protection in international electronic trade and parallel import of agricultural products. Scientific and practical relevance. The analysis allows us to conclude that it is necessary to systematize, taking into account the experience of the Russian Federation, the legislation on geographical indications, trademarks containing an indication of geographical origin and other related objects in the PRC. The idea of developing local centers in the PRC for the protection of agricultural intellectual property can be effectively perceived and implemented in Russia. The formulated conclusions and the analysis can be used to improve the current Russian and Chinese legislation, as well as in the practical activities of lawyers.

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.

Exploitation of intellectual property rights in the field of sports is currently one of the most powerful sources of funding for sports, sports activities, and various sports events. However, unfortunately the sports organizations and individual right holders encounter problems regarding protection issues. There is a strong need to ensure the protection of these rights, and strengthen their potential to generate income from them. The use of intellectual property in modern conditions is a significant financial asset of the sports sphere. When acquiring rights of intellectual property, sports organizations, athletes and other rights holders often feel the need for legal regulation, protection and commercialization of intellectual property, as this is a prerequisite for their further profitable use. Hence, the present research aimed to study peculiarities of legal support, implementation and protection of intellectual property rights in the field of sports.

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.

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

The article draws attention to the specifics of protection of intellectual property rights in Ukraine by civil and special legislation, the rules of which are designed to protect the subjective rights of right holders and other participants in legal relations in the field of intellectual property. Some aspects of the legal nature of jurisdictional remedies are studied. Attention is paid to the specifics of protection of intellectual property rights by civil law, which consists primarily in the methods of protection provided by procedural law. The legislation, the norms of which guarantee the protection of intellectual property and the ways of protection of civil rights are outlined. The existing in the legal literature different views on the classification of methods of protection of property rights are analyzed. The legal analysis of the application of the vindication claim as a means of protection of intellectual property rights is carried out and the given proposals are formulated..

The paper presents a theoretical justification of the technology of competence formation in the field of protection and enforcement of intellectual property rights of teachers of general secondary education in the process of professional development. This technology is aimed at forming a base of knowledge, skills and abilities in the field of intellectual property, which will teach teachers to perceive the results of their own innovative activities as an economic product that can benefit, promote compliance with the rules and regulations of academic integrity in teaching.The outlined technology involves the implementation of five stages: preparatory-diagnostic, motivational-target, cognitive-orientational, activity-operational and control-evaluation.The preparatory and diagnostic stage of the technology consists in carrying out a set of diagnostic actions to determine the state of formation of competence in the field of intellectual property at different stages of professional development to ensure its effective formation.Motivational and target stage of teacher training technology in the field of protection and protection of intellectual property rights is based on information obtained at the preparatory and diagnostic stage, and is to develop a hierarchy of objectives and presentation of learning outcomes aimed at developing teacher competence in the field of protection and protection of rights intellectual property.During the cognitive-substantive stage of in-service teacher training in the field of protection and protection of intellectual property rights, a meaningful part of the process of forming competence in the field of protection and protection of intellectual property rights of teachers in the process of in-service training is realized. courses according to our goals and objectives.The activity-operational stage of the technology of advanced training of teachers in the field of protection and defense of intellectual property rights aims at the direct formation of knowledge, skills, abilities and professional qualities in the field of intellectual property of teachers of general secondary education. The control and evaluation stage of the technology of in-service training of teachers in the field of intellectual property involves the creation of a system for assessing the degree of formation of competence in the field of intellectual property of teachers based on the results of in-service training.

The article is devoted to issues of international legal principles in the field of implementation and protection of intellectual property objects in the aspect of influence on the processes of law enforcement and law-making in the field of criminal law of domestic legal systems. It is determined that the following are important for the criminal protection of intellectual property rights: the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), the Convention on Cybercrime, the Paris Convention for the Protection of Industrial Property, the Berne Convention for the Protection of Literary and Artistic Works, the Hague Agreement Concerning the International Registration of Industrial Designs, the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration to them, and others. The relevance of this issue is due to the fact that, taking into account the processes of globalization of the world economy, as well as the process of integration of the legal systems of the countries of the world, the study of the international principles of criminal and legal protection of intellectual property is of great importance at the current stage of Ukraine’s development. The author determines that the concept of “intellectual property” should be understood as a type of property as a generic concept. Based on the analysis of the norms of international acts on the criminal protection of intellectual property rights, a number of problems have been identified that must be resolved in legislation, as well as legal science and practice. These problems include: 1) the problem of determining in which sections of the criminal codes the norms establishing criminal liability for infringement of intellectual property rights should be located. It is proposed to combine the norms establishing criminal liability for infringement of intellectual property rights into one section “Criminal offenses against intellectual property” in the Criminal Code of Ukraine; 2) the problem of determining which objects of intellectual property should be protected by the norms of criminal law. Key words: criminal liability, intellectual property, criminal legal protection, World Intellectual Property Organization, European Union.

This paper mainly discusses the relationship between the protection of intellectual property and services an exploratory study. First explain the basic principles of economics, the protection of intellectual property rights because of unpaid occupy, market failure, adverse selection, non-standard market, more in need of protection of intellectual property rights; Through services innovation SSII index analysis of the importance of the protection of intellectual property rights to ensure the innovation investment returns; Finally come to the conclusion that the service innovation of intellectual property protection is becoming more and more important.

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.

У статті досліджуються проблемні питання щодо визначення видів порушень та кола суб’єктів юридичної відповідальності за порушення об’єктів авторського права та суміжних прав у мережі Інтернет. Звертається увага, що одним із найбільш поширених видів порушень у мережі Інтернет є порушення авторських прав. На підставі аналізу вітчизняних та міжнародних нормативно-правових актів визначено коло суб’єктів надання інформації (посередницьких послуг) у мережі Інтернет та вчинення ними порушень, за які вони можуть нести юридичну відповідальність, пропонуються шляхи удосконалення законодавства у сфері охорони авторського права.

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

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

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.