Confiscation as a special sign of protection of intellectual property rights

Abstract

Despite the fact that Ukraine has a legislative framework in the field of intellectual property, some issues remain unresolved, in particular, it is important to improve the mechanisms for protecting intellectual rights, among which one of the most effective is confiscation. The purpose of the study is to explore the existing problems of criminal law and administrative law confiscation as a special feature of the protection of intellectual property rights. Key research methods include dialectical analysis, which helped obtain the most objective information about problematic processes and phenomena related to confiscation as a special feature of intellectual property protection, and deduction and induction, used to examine regulations. The paper analyses the state of legal protection of intellectual property rights and measures taken by the state to reform the intellectual property system. Attention is drawn to the fact that public relations in the studied area relate to criminal and administrative legal mechanisms related to confiscation. It is noted that depending on the violated regulation, criminal or administrative confiscation is applied to the violator. The paper analyses Ukrainian and foreign regulations that focus on one of the types of ensuring intellectual property rights – confiscation as a special feature of protecting intellectual property rights. Certain shortcomings of the Ukrainian legislation are noted, and it is proposed to make changes to it. Circumstances that motivate the examination of the legislative reflection of confiscation as a special feature of intellectual property protection are outlined. The findings of the study can be utilised by lawyers and officials of law enforcement and other state bodies responsible for confiscation measures directly related to the protection of intellectual property rights. Individual conclusions can serve as a basis for further research on confiscation as a special feature of the protection of intellectual property rights, and proposals can serve to improve the relevant legislation

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“…The authors rightly emphasised that the implementation of differentiated policies proved to be ineffective in ensuring a level playing field in customs control in the EU, which led to serious negative consequences: economic and budgetary violations; inability to solve problems; illegitimacy of exit, which can lead to a country's disadvantageous competitive position. The reform of the EU Customs Union, launched in May 2023, is the most ambitious and comprehensive reform since 1968 and has several objectives, the main ones being (Chen, 2023;Kovaliova & Svitlychnyi, 2023): to provide traders with centralised electronic interfaces, i.e. the EU Customs Data Space, through which traders can download information and view the entire supply chain and reduce the cost of verifying the compliance of goods; to create a new EU customs authority tasked with coordinated customs control and risk management; to develop e-commerce imports, especially transactions through online platforms.…”