Legal protection of the intellectual property: history and present

Abstract

In modern conditions, state regulation in the field of innovation, encouragement of inventive intellectual activity is a mechanism for ensuring sustainable economic development of the state. It was revealed that in Ukraine there is a sufficiently substantial legislative base that allows regulating issues in the field of intellectual property, its updating is taking place in accordance with the requirements of the time. At the same time, as indicated in the Annual Report of the European Commission, intellectual property rights are systematically violated in Ukraine, thereby damaging the economic interests of the European Union. It is argued that the basic mechanism for ensuring the effectiveness of public administration in the field of intellectual property is the involvement of all subjects of public administration in lawmaking processes. It is noted that the organization of an effective system of law enforcement in the process of creating and using intellectual property objects directly affects the development of national scientific-technological and scientific-technical spheres of state life, increasing their investment image, introducing a favorable innovation climate. Indicated the need to involve all subjects of public administration in the formation of state policy in the field of intellectual property, development of legislation on the protection of industrial property and innovative proposals, updating the provisions of the Labor Code and the Civil Code of Ukraine. It is proposed to include to the Civil Code a number of provisions to ensure the remuneration of persons who have contributed to the creation, legal protection and use of inventions, industrial designs and innovative proposals; effective functioning of the intellectual property protection system created by students, listeners, cadets and teachers in the learning process. It is also proposed to create a Code of Intellectual Property, which will eliminate internal contradictions and promote the harmonization of intellectual property issues and ...