Harmonization of the Administrative and Legal Regulation of Intellectual Property Rights in Ukraine with EU Standards in the Process of Post-War Recovery

Abstract

The article examines the problem of harmonizing the administrative-legal regulation of intellectual property rights in Ukraine with the standards of the European Union in the context of post-war recovery. Based on the analysis of the EU acquis (Directives 2004/48/EC, 2016/943, 2019/790, Regulation 2017/1001, and the unitary patent system), the Association Agreement, and European Commission reports, it has been established that Ukraine's substantive legislation is largely aligned with European standards, while the administrative-legal infrastructure – registration procedures, customs control, administrative liability, and institutional coordination – remains critically underdeveloped. The thesis is substantiated that it is precisely the administrative-legal component, rather than the civil-judicial one, that determines the real effectiveness of the national intellectual property system. Key gaps have been identified: the non-functioning of the High Court on Intellectual Property, the inadequacy of administrative penalties for their preventive function, and the incomplete integration of the customs register with the European COPIS and IP Enforcement Portal databases. It is demonstrated that the post-war context creates a "window of opportunity" for radical institutional reform: digitalization of UANIPIO, connection to EUIPN, and building new architecture to EU standards from the outset. Based on a comparative analysis of the experience of Poland, Croatia, the Baltic states, Georgia, and Moldova, a synthetic harmonization model is proposed that combines phased norm implementation, regional institutional mentorship, early integration into European patent networks, and specialized judicial proceedings. The research findings can be used in developing a strategy for reforming the intellectual property system within the framework of implementing the Ukraine Plan.