Peculiarities of state regulation of intellectual property rights protection o O' DOI: https://doi.org/10.46398/cuestpol.4177.06 Ivan Vashchynets * Petro Komiienko ** Oksana Kustoi'ska *** Zoriana Romanoi'a **** Yuliia Sushytska ***** Abstract The relevance of the study lies in the fact that in Ukraine under martial law the system of protection of intellectual property rights and mechanisms of its public administration is continuously transformed, which implies a scientific search to identify the problems that exist in this area and the development of effective practical solutions to overcome them. The purpose of the study was to identify the main features and obstacles arising in the implementation of public administration in the field of intellectual property and the implementation of protection of its objects under martial law in Ukraine. The research methods used were general and special legal methods of knowledge. Everything allows to conclude that there is an urgent need to develop new mechanisms of digital security of copyrights and to push forward the creation of blockchain accounting of copyright objects. Similarly, a revision of the approach to the evaluation of objects of intellectual property rights and the determination of the inventive level is needed, as a condition of possibility to adapt the legislation governing the matter to the needs of today’s society. * Candidate of Law Sciences. Associate Professor at the Department of International Law and Branch Legal Disciplines of Kyiv University of Law of the National Academy of Sciences of Ukraine. ORCID: https:/ / orcid.org/0000-0002-6983-6151 ** Dr. hab in Law. Professor of the Department of Philosophy, Law and Social-Humanitarian Disciplines Department of Philosophy, Law and Social-Humanitarian Disciplines the Faculty of Finance and Economics, National Academy of Statistics, Accounting and Audit, Kyiv, Ukraine. ORCID ID: https:// orcid.org/ 0000-0002-1473-6698 *** Ph. D. in Economics, Associate Professor Department Land Use Planning Faculty of Land Management, National University of life and environmental sciences of Ukraine, 15 Heroiv Oborony Str., Kyiv, Ukraine. ORCID ID: https://0rcid.org/0000-0003-1469-9249 **** Candidate of Technical Sciences, Associate Professor. Department of Biotechnology of Fermentation Products and Winemaking, Institute of Food Technologies, National University of Food Technologies, Volodymyrska str., 68, 01033, Kyiv, Ukraine. ORCID ID: https://0rcid.org/0000-0003-3974-5758 ***** senjor Lecturer Department of Law and Law Enforcement, Faculty of National Security, Law and International Relations Zhytomyr Polytechnic State University, Zhytomyr, st. Chudnivska, 103, Ukraine. ORCID ID: https://0rcid.org/0000-0001-7310-3914 Recibido el 22/12/22 Aceptado el 09/02/23 https://doi.org/10.46398/cuestpol.4177.06 https://0rcid.org/0000-0003-1469-9249 https://0rcid.org/0000-0003-3974-5758 https://0rcid.org/0000-0001-7310-3914 CUESTIONES POLITICAS Vol. 41 № 77 (2023): 94-102 95 Keywords: intellectual activity; legal regulation; property and personal non-property rights; innovative activity; objects of intellectual property rights. Peculiaridades de la regulacion estatal de la proteccion de los derechos de propiedad intelectual Resumen La relevancia del estudio radica en el hecho de que en Ucrania bajo la ley marcial el sistema de proteccion de los derechos de propiedad intelectual у los mecanismos de su administracion publica se transforma continuamente, lo que implica una biisqueda cientifica para identificar los problemas que existen en esta area у el desarrollo de soluciones practicas eficaces para superarlos. El proposito del estudio fue identificar las principales caracteristicas у los obstaculos que surgen en la aplicacion de la administracion publica en el ambito de la propiedad intelectual у la aplicacion de la proteccion de sus objetos bajo la ley marcial en Ucrania. Los metodos de investigacion empleados fueron los juridicos generales у especiales del conocimiento. Todo permite concluir que urge la necesidad de desarrollar nuevos mecanismos de seguridad digital de los derechos de autor e impulsar la creacion de una contabilidad blockchain de los objetos de derechos de autor. Del mismo modo, se necesita una revision del enfoque de la evaluation de los objetos de derechos de propiedad intelectual у la determination del nivel inventivo, como condition de posibilidad para adecuar la legislation que rige la materia a las necesidades de la sociedad actual. Palabras clave: actividad intelectual; regulacion juridica; derechos de propiedad у personales no patrimoniales; actividad innovadora; objetos de derechos de propiedad intelectual. Introduction Problems of protection of intellectual property rights are the subject of scientific research of domestic and foreign scientists. Relevance is confirmed by the fact that the effective development of the state requires the coordinated functioning of all elements of its system. Ivan Vashchynets, Petro Komiienko, Oksana Kustovska. Zoriana Romanova у Yuliia Sushytska 9 6 Peculiarities o f state regulation o f intellectual property rights protection For the effective functioning of the economy is a prerequisite for the introduction of digital information and communication technologies and innovative methods of management and organization of society. The system of innovation can be effective only in creating favorable conditions for its creators, one of which is the introduction and implementation of an effective system of intellectual property rights protection. Analysis of the specifics of state regulation of intellectual property in Ukraine shows that certain problems contribute to a decrease in the effectiveness of state regulation of intellectual property. Therefore, the state system of intellectual property protection in Ukraine faces new challenges aimed at further dissemination of international standards, optimization of legal protection and enforcement of intellectual property rights, dissemination of relevant knowledge in the field of intellectual property among different segments of the population. The armed aggression against Ukraine has slowed down the transformation in the field of intellectual property and the protection of rights to its objects, in particular, we are talking about a significant reduction in the funding of budgetary scientific institutions and a pause in the implementation of a significant number of planned innovative projects. But alongside the difficulties, the military actions pushed the development of technologies in Ukraine, especially biotechnology, the medical sector and the food industry. After the end of combat actions, it will be relevant to restore the energy sector and to develop the mining and processing industry. But along with the difficulties, the military actions pushed the development of technologies in Ukraine, especially biotechnology, the medical sector and the food industry, and after the end of hostilities, the restoration of the energy sector, the development of the mining and processing industry will be relevant. An important role in the development of an economically independent state, the formation of a culture and respect for intellectual property rights should be played by public authorities, as well as their implementation of various activities both within the state and at the international level. Improvement of legislation in the field of intellectual property, elimination of certain gaps in the law will contribute to the prevention of offenses in general, will strengthen the economic sphere of influence in international cooperation, and will allow the state to develop confidently in the field of innovation activity. CUESTIONES POLITICAS Vol. 41 № T I (2023): 94-102 97 l. Research Methodology During the study to achieve its goal and solve its problems were used general scientific methods of induction, deduction, analysis, generalization, special methods of prediction and modeling, other methods of scientific knowledge. General scientific methods were used to study the theoretical foundations of the system of protection of intellectual property rights in Ukraine. Special methods were used to comprehend the content of external and internal factors affecting the system of protection of intellectual property rights in Ukraine, as well as the development of practical recommendations for improving the mechanism of its functioning in Ukraine. In order to achieve the goals and objectives of the study better and effectively, its implementation was divided into three independent stages, namely: study of the theoretical framework, analytical study, and development of practical recommendations and proposals based on the study. 2. Research Results State regulation in the field of intellectual property in Ukraine under martial law is necessary for its effective recovery on the completion of the armed conflict, development, and use of inventive and rationalization achievements, attracting investment in the economy, development, and preservation of national scientific and technological and intellectual potential of the Ukrainian state. Effective state regulation in the field of intellectual property also contributes to the stabilization of the economic situation since both investors and the authors of intellectual property rights obtain the protection of their rights. The main ways of protection of intellectual property rights in Ukraine can be defined as the following: Table l: Ways to protect the results of intellectual activity in Ukraine. N a m e o f th e m e th o d o f in te lle c tu a l p r o p e r ty p r o te c tio n in U k r a in e C o n te n t o f th e m e th o d o f in te lle c tu a l p ro p erty7 p r o te c tio n in U k r a in e A dm in istrative It is p rovided on ly fo r public dem onstration, v io lation o f the conditions o f p u blic dem on stration and duplication o ffilm s and vid eos w ithout a rental certificate; unlaw ful introduction o f bran d nam es, tradem arks. Ivan Vashchynets, Petro Komiienko. Oksana Kustovska, Zoriana Romanova у Yuliia Sushytska Peculiarities o f state regulation o f intellectual property rights protection C ivil Provides fo r the filing o f a law-suit in court fo r th e recogn ition o f the ow n er’s rights; for th e restoration o f th e situation that existed b efore the vio lation o f the right; fo r the term ination o f actions that vio late th e right or threaten to vio late it; fo r com pensation fo r dam age and lo st profits. Crim inal There is crim inal liab ility fo r vio lation o f copyright an d related figh ts; violation o f "rights to an invention, utility- m odel, industrial design, top ographv o f an integrated circuit, p lant variety, rationalization proposal; fo r illegal encroachm ent on trade secrets. Source: Authors development. In Ukraine, we can also distinguish two levels of state regulation of intellectual property rights: Table 2: Levels of state regulation of intellectual property rights. N a m e o f th e ty p e o f s ta te r e g u la tio n o f in te lle c tu a l p r o p e r ty r ig h ts T h e c o n te n t o f th e ty p e o f sta te r e g u la tio n o f in te lle c tu a l p r o p e r ty r ig h ts Individual Regulation o f relations w ith individuals w ho create and use objects o f intellectual prop erty rights C ollective/G roup Regulation o f relations w ith legal entities th at develop or use objects o f intellectual prop erty rights Source: Author’s development. The system of protection of intellectual property in Ukraine can be defined as a totality of measures developed and implemented by the state competent authorities or individuals and legal entities without recourse to them, aimed at the establishment and recognition of intellectual property rights in case of their violation, denial or non-recognition (jurisdictional and non-jurisdictional) forms). The state provides protection of intellectual property by means of the adoption of corresponding normative-legal acts in a certain sphere, the provision of carrying out of scientific research. The state is interested in the protection of intellectual rights because these rights are an integral part of those rights and freedoms that are guaranteed by the Constitution CUESTIONES POLITICAS Vol. 41 № 77 (2023): 94-102 99 of Ukraine, and also for the reason that this protection simultaneously contributes to the development of culture, education, improvement of production technologies, creates favorable conditions for investment, international trade of goods and services Under the conditions of the problematic transition of Ukraine to a market economy, which is complicated by the introduction of martial law in our country, the system of intellectual property rights protection faces a number of external and internal obstacles for the implementation of its tasks. Among them, the following can be highlighted as the main: 1. obsolete traditional methods of protecting intellectual property rights, caused by the intensive development of digital information and communication technologies, as well as the emergence of opportunities to reproduce, store and distribute large amounts of information, occurs simultaneously with a decrease in the probability of locating an infringer and bringing him to justice; 2. the problem of the “exhaustion” of creativity associated with the active use of elements of artificial intelligence in scientific research and intelligence; 3. increase in the complexity and volume of the examination of applications for intellectual property, which entails a process of deterioration of its quality, as expert judgments on the inventive step become less objective and reliable; 4. insufficient quantity and availability of information on current developments in the intellectual property rights protection system for internal and external users; 5. lack of understanding of new norms and rules for certain goods and services due to the presence of restrictions under the provisions of martial law in Ukraine; 6. combating unfair competition; spread of counterfeit products and services on the territory of Ukraine, which are difficult to detect under wartime restrictions and to bring offenders to justice; 7. there is a lack of opportunities for full financial support from of budgetary organizations and institutions. 3. Discussion “Promotion of innovations is vital for economic and social development of every democratic society” (Kodynetz and Maidanyk, 2019: 56). However, not only the introduction of innovative information and communication technologies in the economic and social life of society is important, also one of the important conditions for the successful development of culture, science, and industry is the recognition of property and personal non­ property rights for the authors of intellectual property objects and persons who have obtained rights to these objects, as well as ensuring their reliable protection. At the present stage in Ukraine under martial law, there is an inevitable transformation of the national system of protection of intellectual property rights, which actualizes the scientific tasks of identifying problems in this area and developing effective solutions to overcome them. The process of formation of the system of state regulation of intellectual property in Ukraine continues, and the process of completing its formation at this stage is complicated by the armed aggression against our state, but the foundations of legal regulation of this system have already been created. Ukraine has adopted and implemented a set of measures aimed at maintaining the full functioning of the intellectual property rights system, reducing the negative manifestations of illegal use of its objects, minimizing the harmful effects caused by it, as well as ensuring free access to certain types of intellectual product for the general public (e.g., artistic and literary works). Though intellectual and related human rights have common features with other rights, providing human activity, they also have their specific nature. The world is changing, new information and communication technologies are being introduced, many innovative ideas are being implemented, thus, “in the age of the fourth industrial revolution, the metaverse is creating new waves in the world of internet technology and is promising to provide even better and more immersive ways to interact with other people” (Uchida, 2020). The system of intellectual activity in Ukraine, as well as the mechanism of protection of rights to its results, is changing due to external and internal reasons. The first can include the global phenomena of social, political, and economic nature that affect it in all countries of the world. For example, “globalization has led, inter alia, to the multiplication of flows of international trade of goods, including those covered by intellectual property rights” (Di Cataldo, 2018). Internal factors can include, for example, the unstable political situation in a particular country or social unrest in that country. “Intellectual property (IP) protection is designed to maintain scarcity in intangibles, and cent of maintaining scope for price and thereby profit” (David, 2019). Accordingly, in any democratic legal country, state regulation of intellectual property law in order to improve the investment climate, commercialization, and integration of new information and communication technologies is a high-priority state task. “The mechanism of the terms Ivan Vashchynets, Petro Komiienko, Oksana Kustovska. Zoriana Romanova у Yuliia Sushytska lO O Peculiarities o f state regulation o f intellectual property rights protection CUESTIONES POLITICAS Vol. 41 № ті (2023): 94-102 10 1 “defense” in IP law is not one of those underground in investment law” (Upreti, 2021). In terms of intellectual property law in Ukraine, it is about protecting individuals and legal entities by granting them such rights, the second group of which is called bachelors contracts or operating licenses (Mehdipour and Bagheri, 2021). In fact, the named contracts provide for the elimination of others to use without permission of the authors of intellectual property rights. Protection of intellectual property rights in Ukraine in the aspect of investment law is used through the implementation of compensation to investors for breach of contractual obligations committed by a sovereign state. Another topical problem of protection of intellectual property rights is the problem of manufacturing, marketing, as well as importation into Ukraine of counterfeit products under martial law and given the fact that “in a country with low IPR protection, firms have much incentive to imitate better technolog}'” (Uchida, 2020). In contrast, effective government regulation of intellectual property' rights has positive economic consequences for countries, ...“Miscellaneous legal phenomena are now nestled in the intersection between intellectual property rights and human rights” (Samaranayake, 2022). The basic principles of state regulation of intellectual property rights are determined by the Constitution of Ukraine, the Codes of Ukraine, and the special laws of Ukraine. An alternative way to resolve disputes about the recognition of the rights of the owner; about the restoration of the situation that existed before the violation of the right; about the termination of actions that violate the right or create a threat of violation; about compensation for damage and lost profits, as well as others related to the protection of intellectual properly rights in Ukraine, is seen as complemented by mediation since it “...is a dispute resolution method, which is in vogue” (Wechs Hatanaka, 2018). In the conditions of martial law in Ukraine, such an out-of-court dispute resolution method out of court seems appropriate and effective. Conclusions and Implications The results of the study lead to the conclusion that under martial law imposed in Ukraine, it is advisable to: 1. development of new mechanisms of digital security of authors’ rights and creation of blockchain accounting of copyright objects; 2. revision of the approach to the evaluation of intellectual property rights objects and the determination of the inventive level; 3. ensuring growth in the number of technological expert organizations and transparency of their activities; 4. conducting information events to explain the content of current changes in domestic legislation on the protection of intellectual property rights. It is also important to continue further scientific research to solve the above problems, as well as the practical implementation of theoretical developments and developments in life, because, despite the martial law, which is introduced in Ukraine, the implementation of these measures will help to overcome the obstacles to the development of the intellectual property rights protection system, as well as the economic growth of our state. Ivan Vashchynets, Petro Komnenko, Oksana Kvstovska, Zoriana Romanova у Yuliia Sushytska 102 Peculiarities o f state regulation o f intellectual property rights protection Bibliographic References DAVID, Matthew. 2019. “Consumption and intellectual property” In: The Blackwell Encyclopedia of Sociology. Vol. 1, No. 4, pp. 1-4. DI CATALDO, Vincenzo. 2018. “Goods in transit and trademark law7” (and intellectual property law?)” In: IIC - International Review of Intellectual Property and Competition Law7. Vol. 49, No. 4, pp. 436-451. 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