Protection of intellectual property rights: international standards and national legislation

Abstract

The development of digital technologies is inextricably linked with the need to improve legal mechanisms for the protection of intellectual property rights. Modern conditions for the development of society are favorable not only for the development of intellectual property, authors and copyright holders, but also for the economic development of the state as a whole. International standards in this area are aimed at harmonizing legal norms, ensuring legal certainty and protection from violations.

The article examines the main treaties and agreements that regulate the protection of intellectual property, in particular the Berne Convention for the Protection of Literary and Artistic Works, the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights), the WIPO Copyright Treaty and other regulatory legal acts that regulate intellectual property issues at the international level. At the same time, the main attention is paid to the mechanisms for the protection of copyrights, trademarks and industrial designs, and the features of national legislation on the protection of intellectual property, including international standards, are considered. Conflicts arising in the field of intellectual property rights protection are mainly related to violations of these rights in the international arena, insufficient legal regulation in some jurisdictions and the difficulty of proving the fact of violation of rights. Problems often arise with the adaptation of national legislation in accordance with international standards, which creates legal uncertainty. In addition, the development of digital technologies and the Internet complicates the process of monitoring and controlling violations, which makes it impossible to improve existing legal mechanisms.

As a result of the study, conclusions were drawn regarding the need for further harmonization of national norms in accordance with international standards, strengthening the protection of intellectual property rights, and developing effective mechanisms for combating violations in this area. Special attention should be paid to improving law enforcement practice, strengthening liability for violations, and introducing modern technological tools for monitoring and protecting intellectual property rights.