Administrative and Legal Mechanisms for the Protection of Intellectual Property: Contemporary Challenges and Development Prospects

Abstract

In the context of accelerated digitalization, the need for an effective administrative and legal mechanism for the protection of intellectual property rights (IPR) has become increasingly urgent. This article examines the current state and development prospects of administrative and legal protection in Ukraine, focusing on the challenges posed by the digital environment. The study defines administrative and legal mechanisms as a flexible system of legal norms, institutional structures, and procedural tools aimed at ensuring both preventive and reactive responses to IPR violations. Particular attention is paid to the systemic problems of Ukrainian legislation, including normative gaps, insufficient digital infrastructure, and the lack of specialized administrative bodies with adequate technical expertise. The research analyzes emerging threats such as online piracy, transnational IP infringements, and the misuse of advanced technologies, including artificial intelligence, blockchain, NFTs, and deepfake technologies. Based on a comparative analysis of legal and administrative practices in the European Union, the United States, and China, the article substantiates a set of reforms required for aligning Ukrainian legislation with global standards. These include amending the Code of Ukraine on Administrative Offenses (CUAO) to incorporate clear procedures for IP-related violations, establishing specialized administrative chambers within courts, implementing electronic registers of complaints and decisions, introducing automated digital monitoring tools, and ensuring public legal education. The integration of AI and blockchain into the administrative response system is presented as a necessary step toward enhancing transparency, efficiency, and adaptability. The article concludes that only through comprehensive legal reform, technological modernization, and international cooperation can Ukraine create a dynamic and sustainable system for administrative and legal protection of IPR in the digital era. The findings are of value to scholars, legal practitioners, and policymakers interested in the intersection of administrative law, digital innovation, and intellectual property protection.