Foreign Experience in the Protection and Defense of Intellectual Property Rights

Authors

  • Miriam Yashchuk 1st Year Master’s Student, Institute of Law of the Taras Shevchenko National University of Kyiv, Kyiv, Ukraine https://orcid.org/0009-0009-2200-7039
  • Serhii Petrenko Ph.D. in Law, Senior Research Fellow, Assistant of the Department of Intellectual Property and Information Law, Educational and Scientific Institute of Law of the Taras Shevchenko National University of Kyiv, Kyiv, Ukraine https://orcid.org/0000-0002-2053-1285

DOI:

https://doi.org/10.5281/zenodo.15261818

Keywords:

international law, comparative-legal analysis, globalization, digitalization, legal norms, protection mechanisms, Berne Convention, TRIPS

Abstract

The article analyzes the foreign experience of protection and enforcement of intellectual property rights, in particular, in the context of international legal regulation and peculiarities of application of legal norms in different countries of the world. The purpose of the study is to examine the existing models of intellectual property rights protection used in leading jurisdictions, and also to determine their effectiveness and impact on the development of innovative technologies and economies. The article applies the method of comparative legal analysis, which allows identifying the advantages and disadvantages of different approaches to the protection of intellectual property rights. Particular attention is paid to the comparison of international treaties and their impact on national legal systems.

The results of the study demonstrate that effective protection of intellectual property rights is an important component of innovation, which contributes to the economic development of countries. Particular attention is paid to the analysis of the mechanisms for enforcing intellectual property rights on the example of Germany, France, Poland, Switzerland and the United States. It is found that each jurisdiction has peculiarities in the interpretation and application of rules that have a different impact on the level of protection of intellectual property rights. However, global challenges require States to strengthen international cooperation and unify standards for the protection of intellectual property rights. In addition, the author examines the role of national courts and competent authorities in the implementation of international obligations in the field of intellectual property rights protection, as well as mechanisms of interstate cooperation aimed at strengthening the legal protection of intellectual property rights.

The conclusions of the study show that for the effective protection of intellectual property rights, it is necessary to take into account not only national peculiarities but also global trends. For this purpose, it is important to improve international legal regulation and ensure an appropriate level of cooperation between countries, as well as to develop protection mechanisms in the context of modern technological changes.

Published

2025-04-22

How to Cite

Yashchuk, M., & Petrenko, S. (2025). Foreign Experience in the Protection and Defense of Intellectual Property Rights. Ukrainian Political and Legal Discourse, (10). https://doi.org/10.5281/zenodo.15261818

Issue

Section

Право інтелектуальної власності