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Management and protection of intellectual property in terms of integration

In recent years, Ukraine has been striving and making significant efforts towards integration into the European Union (hereinafter – the EU), as EU accession is a priority for our country, as evidenced by the signed Association Agreement between Ukraine and the EU in 2014 and the fact that integration Ukraine in the European political, economic, legal space in order to gain EU membership is one of the main principles of foreign policy, defined by the Law of Ukraine “On Principles of Domestic and Foreign Policy”.

The problem of research on the protection of intellectual property in terms of integration is that, firstly, in the theoretical aspect of this institution and its information was given insufficient attention in our country, and secondly, understanding and proper implementation of intellectual property protection mechanisms is at the stage of legislative implementation. Does not find systematic and modern research in the economic and legal regulation of intellectual property management, licensing, protection of the information space of licensing, international cooperation in the field of intellectual property protection.

The analysis of the literature showed that not much attention is paid to the issues of intellectual property management processes on its protection. At the same time, such scientists as G. Androschuk, M. Vozniak, O. Zhovtanetska, G. Dobrynina, V. Parkhomenko, V. Marcin, E. Nikolaev, S. Dovgy were engaged in scientific researches of questions of substantiation of introduction and use of innovations and intellectual resources. and other .

Countries with a high level of technological economic development have a developed system of education, science and culture. The level of civilization of society is emphasized by its technological development. The development of any state in an innovative economy is determined by science, which on the one hand facilitates the development of the economy, and on the other – the economy is limited by intellectual property rights.

Intellectual property rights are important for various types of commercial activities because they help provide income, protect investment in research, and support not only business but also science. Here, too, the legal aspects of intellectual property protection are paramount, as law enforcement practices can encourage innovation, provide prizes and awards to inventors and scientists, and receive economic and social rewards without monopolies and illegal restrictions on freedom.

However, it is impossible to talk about all these things if the level of legislation does not provide for them in the legal field, thus not ensuring their reliable protection. That is why it is extremely important to borrow foreign experience, international standards in the modern globalization process and the integration of many countries.

First of all, it is necessary to reflect in detail in the current legislation the main criteria and aspects of protection of such rights, the priority areas of which are defined in such international legal instruments as the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome Convention). works, the World Intellectual Property Organization Copyright Treaty, the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other.

Research on the market of intellectual property of European countries has shown that they depend on the following factors:

  • determination of the patent and license situation;
  • study of the level of competitiveness of the object in a particular field of activity;
  • analysis of trends in science and technology;
  • establishing the novelty of the present invention, etc .;
  • determination of the patent frequency of the object;
  • logic of science development, advanced research and related fields;
  • market requirements for the results of such activities;
  • forecasting future work in this direction.

It is these areas that should become strategic goals for the creation of a truly effective institution for the functioning and protection of intellectual property rights, which will work not only for their owners, but also for the state.

An important indicator of the functioning of the state system of legal protection of intellectual property, to which Ukraine should strive in modern realities, is to ensure the implementation of effective mechanisms for the acquisition of intellectual property rights.

Thus, the tasks of Ukraine today are to determine the place of intellectual property rights in the state economy and develop an effective protection strategy, when in the context of globalization entities face frequent violations of competitiveness, problems of identifying intellectual property and difficulties in ensuring its protection. in Ukraine and abroad in accordance with the signed Association Agreement.

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