Mechanism of State Economic Security Management in the Direction of Intellectual Property Rights Protection: Cases of Selected Industries

In the conditions of innovative development of economic relations, the role of the law enforcement function of the state is increasing, which requires its authorised bodies and officials to ensure the guaranteed rights of citizens to protect their property and personal non-property rights in the field of intellectual property according to the Constitution and laws of Ukraine. This problematic issue remains relevant for the majority of intellectual property rights holders. The purpose of the study is to reveal the peculiarities of the law enforcement function of the state in ensuring the protection of certain objects of intellectual property. The methodological basis of the research consists of a set of general scientific and special methods and techniques of scientific cognition, including philosophical, metaphysical, deductive and inductive methods, methods of abstraction, modelling, and forecasting, which in combination helped to achieve the set goal. Based on the analysis of a significant number of regulatory legal acts and scientific opinions, research on the law enforcement function of the state in the field of intellectual property, which covers a wide range of private and public interests, has been conducted. The implementation of these constitutional provisions lies in creating proper and effective economic conditions for attracting investments in innovative product creation, and in case of their violation, the state, through its authorised bodies, is obliged to ensure the protection of violated rights. Attention is drawn to the specifics of the main law enforcement functions of the state, which provide for the creation of necessary conditions and stimulation of authors (creators) to obtain the result of creative activity, promote the free use (circulation) of the results of intellectual activity, protection of violated or contested intellectual property rights. It is emphasised that national legislation contains a list of actions that constitute a violation of intellectual property rights, which provide grounds for administrative or judicial protection. Existing gaps in legal protection of intellectual property are analysed. Attention is paid to the state of legislative reflection of the interests of participants in relations in the field of artificial intelligence, determination of the grounds and consequences of legal regulation in the European Union and Ukraine. The results of the work can be used by lawyers as well as by officials of state bodies ensuring the law enforcement function of the state in the researched sphere of relations

Section: Resultsmentioning

confidence: 99%

Law enforcement function of the state in the field of intellectual property protection

Svitlychnyi

2024

Confiscation as a special sign of protection of intellectual property rights

Kovaliova,

Svitlychnyi

2023

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

Counterfeit and Falsified Medicines: Today’s Challenges and Smart Solutions

SVITLICHNY¹

2022

In any democratic country, special attention is paid to health protection, as a result of which, through organisational, financial, economic, and legal institutions, the state ensures and maintains the health protection of the population at the sufficient level. The purpose of the study is to examine the existing problems in the field of providing the population of Ukraine with high-quality medical drugs. The research methodology is a set of cognitive tools and methods, the use of which allowed for obtaining the most objective information about the existing problem processes and phenomena in the field of providing the population of Ukraine with high-quality medicines. Considering the critical state of the health care sector of the population of Ukraine, the study analyses legal regulations that focus on problematic issues in the health care sector of Ukraine. Attention is drawn to the need to provide the population of Ukraine with affordable and high-quality medicines that must meet the best European and international standards. Statistical data on the facts of the detection of counterfeit medicines are presented, and actors on this issue are analysed. It is noted that counterfeit and falsified medicines cause irreparable harm to the health of people all over the world, such illegal actions threaten the economy and security of the state, cause economic and financial damage to manufacturers of medical medicines, undermine their image, and harm the owners of intellectual property rights. It is noted that public relations in the field under study concern legal mechanisms related to unfair competition, which negatively affects the image of the state, and the activities of both Ukrainian and foreign business entities. It is noted that since intellectual property in its nature and content is closely linked to the growth of the economy, there is a need for more effective steps by the state to prevent violations of intellectual property rights. The results of the study, and parts of it, can be useful for both lawyers and government agencies that struggle with unfair competition in the field of medicines.