Administrative and legal mechanisms for implementing EU standards in the field of intellectual property rights through forensic expertise mechanisms in the context of sustainable development of territorial communities

Abstract

The article examines the administrative-legal mechanisms for implementing European Union standards in the field of intellectual property rights protection through forensic expertise instruments in the context of sustainable development of territorial communities in Ukraine. The regulatory framework of Regulations (EU) No 1151/2012, 2024/1143, 2023/2411 and Directive 2004/48/EC is analyzed in conjunction with Ukraine's obligations under the Association Agreement. Specific intellectual property objects of territorial communities (geographical indications, local brands, intangible cultural heritage) are identified as resources for their sustainable development. The role of forensic expertise (commodity, patent, art studies, computer-technical) as an administrative-legal enforcement mechanism providing an evidentiary basis in cases of infringement of rights to geographical indications and other community IP objects is revealed. The institutional architecture of protection is examined: interaction between the National Intellectual Property Authority, the State Service for Food Safety and Consumer Protection, customs authorities, forensic expertise research centers, and local self-government bodies. A comparative analysis of GI enforcement models in France (INAO), Italy (Consorzi di Tutela), and candidate countries (Croatia, Georgia) is conducted. Critical gaps are identified: the absence of approved methodologies for examining compliance with PDO/PGI specifications, insufficient institutional capacity of communities to initiate protection procedures, and underdevelopment of the certification body system. It is substantiated that in Ukrainian realities, forensic expertise acquires disproportionately large weight in the enforcement system due to the underdevelopment of administrative control mechanisms. The author's model of the 'IP passport of the community' is proposed as an integrated tool for identification, registration, and protection of intellectual assets of territorial communities in accordance with EU standards.