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Resolution of disputes in the field of intellectual property
(2022) Zadnipriana-Korinna, Mariana
Today, socalled intangible assets, namely intellectual property objects, play an important role in business. We propose to consider the issue of legal protection of intellectual property in detail in this article and to analyze the mechanism of solving problems in the area. Intellectual property means copyright and patent rights, related rights, and the right to marketing designations. All these are important components of competitive struggle in the business sphere. For business entities, effective legal protection of intellectual property is one of the most important conditions for successful market positioning and profit growth.Specialists in this field are convinced of the necessity of mandatory preventive measures for the protection of intellectual property. Theresolution of disputes in the field of intellectual property with the participation of specialists makes it possible to use all promising options to get out of the situation with the least losses and with a possible benefit.The range of issues with which a specialist of this specialization works is quite wide. These can be appeals against decisions of Ukrpatent regarding the registration of intellectual property objects, resolution of conflicts related to the violation of the exclusive right to a trademark, as well as the recognition of certain situations as unfair competition.With the gaining of independence, a new stage in the development of the judicial system began in Ukraine, including an increase in the role of the court in resolving disputes through conciliation (mediation). In 2005, another judicial reform was carried out in Ukraine, as a result of which administrative courts were created, the powers of which included consideration of administrative cases regarding the appeal of any decisions, actions or inaction of subjects of power, except for cases when such decisions , actions or inaction, the Constitution or laws of Ukraine establish a different procedure for court proceedings . In particular, only in the edition of December 15, 2017 of the Code of Administrative Procedure of Ukraine does the court have a real opportunity to take an active part in the reconciliation procedure. Until now, the court did not have access to the procedure for discussing reconciliation, in fact, it was only provided with a ready-made document on the achievement of reconciliation between the parties, after which the obligation to close the proceedings arose. That is, before the adoption of the above changes, resolving the dispute through conciliation remained the exclusive prerogative of the parties in the case. Currently, the court has the opportunity not only to observe the actions of the parties to find ways of reconciliation, but also to help them understand the essence of the dispute and offer possible options for its resolution