Issue: №12/3, 2019
Doi: https://doi.org/10.37634/efp.2019.12(3).6
Introduction. The European integration vector of Ukraine's development has significantly increased the requirements for the quality of legal and regulatory support for the effective protection of human rights, which is one of the main conditions for integration into the European political, legal, economic and cultural space. The analysis of existing works shows that the attention of the scientific community to the judicial protection of intellectual property rights has intensified in connection with the creation of the Supreme Court of Intellectual Property in 2017. However, as of 2019, the court is still in the process of forming a judicial corps. In view of this, it seems appropriate to summarize existing developments in the relevant field. The purpose of the paper is to summarize the conceptual foundations of judicial protection of intellectual property rights. Results. The article presents the results of research into the modern concept of judicial protection of intellectual property rights. Emphasis is placed on the availability of research-related work performed in different jurisdictions. It is emphasized that the bulk of studies on intellectual property rights and certain aspects of their judicial protection are concentrated in the field of civil law, but equally important are studies of economic, criminal and administrative nature. It is noted that the cross-sectoral nature of the institute of intellectual property rights has affected the development of an interdisciplinary judicial and legal approach to solving problems of securing these rights. The importance of scientific understanding of the legal status of the High Court on Intellectual Property is emphasized. The importance of taking into account the European experience of judicial protection of intellectual property rights in the context of the processes of European integration of Ukraine is emphasized. Conclusion. The trends identified are as follows. First, intellectual property rights research is carried out at both general and sectoral levels. Secondly, an important area of development of theoretical and methodological support for the judicial protection of intellectual property rights is the study of the legal status, peculiarities of formation and future functioning of the High Court on intellectual property issues. Thirdly, it is of utmost importance to the factors that enhance the effectiveness of intellectual property rights protection in the context of Ukraine's European integration aspirations.
Keywords : judiciary, judicial protection, intellectual property rights, high court on intellectual property, judicial law
References:
1. Melnyk O.M. Intellectual property protection in Ukraine. The forum of law. 2014. № 2. pp. 258–261. (in Ukrainian)
2. Stsiban O.Ya. State regulation of protection of intellectual property rights. Scientific Bulletin of the Academy of Municipal Administration. Series: Management. 2012. Issue 4. pp. 241-246. (in Ukrainian).
3. Mykytyn V. Protection of IPR Violations: Some Theoretical Aspects. Entrepreneurship, economy and law. 2016. № 7. pp. 15–20. (in Ukrainian).
4. Humeha O.V. Judicial protection of intellectual property rights in Ukraine as one of the principles of civil law. The theory and practice of intellectual property. 2016. № 2. pp. 88–95. (in Ukrainian).
5. Danyliuk A. Concerning the Improvement of Civil Protection Mechanisms for Intellectual Property Rights. The theory and practice of intellectual property. 2015. № 6. pp. 79–86. (in Ukrainian).
6. Kozyrieva V.P., Havrylishyn A.P. Features of consideration of economic disputes in the field of intellectual property. Legal Bulletin. Air and space law. 2014. № 1. pp. 111–115. (in Ukrainian).
7. Romaniuk I. Intellectual property: criminal aspects of research. Bulletin of the National University «Lviv Polytechnic». Series: Law. 2017. № 876. pp. 284–289. (in Ukrainian).
8. Shakirova O.V. Protection of Intellectual Property Rights: Legislative Aspect. International Legal Bulletin: Collection of Scientific Papers of the National University of the State Tax Service of Ukraine. 2014. Issue 1. pp. 219–224. (in Ukrainian).
9. Barladian O.S. Administrative and Legal Protection of Intellectual Property Rights by Law Enforcement Agencies of Ukraine. Scientific Bulletin of Kherson State University. Series: Law. 2016. Issue 1 (2). pp. 123–126. (in Ukrainian).
10. Kurylo M.P. Judicial procedural law as an integral part of judicial law. Bulletin of Zaporizhzhya National University. Legal scieces. 2013. № 3. pp. 15–19. (in Ukrainian).
11. Baadzhy N.P. Problematic aspects of the judicial protection of intellectual property rights. Journal of Civil Studies. 2014. Issue 17. pp. 50–55. (in Ukrainian).
12. Petrenko V., Levytskyi V. Improving the system of judicial protection of intellectual property rights. The theory and practice of intellectual property. 2015. № 1. pp. 64–70. (in Ukrainian).
13. Kyrychuk A. Case law on the regulation of intellectual property in the EU. Foreign Trade: Economics, Finance, Law. 2017. № 5. pp. 56–66. (in Ukrainian).
14. Kodynets A.O. Protection of intellectual property rights in the context of judicial reform. Entrepreneurship, economy and law. 2018. № 3. pp. 9–13. (in Ukrainian).
15. Hrytsenko V.H., Shashkova A.O. Features of judicial protection of intellectual property rights in the current conditions of reforming the judicial system of Ukraine. CUSPU Scientific Notes. Series: Law. 2017 Issue 2: Special Issue. pp. 192–195. (in Ukrainian).
16. Voloshchenko O. Problems of improvement of intellectual property rights in the context of European integration. Enterprise, economy and law. 2019. № 4. pp. 10–14. (in Ukrainian).
17. Orliuk O. P. Protecting Intellectual Property Rights in the Context of European Integration. Bulletin of the National Academy of Law of Ukraine. 2016. № 3. pp. 58–74. (in Ukrainian)