Problems of Harmonisation of National Legislation with International Standards of Intellectual Property Rights Protection

Authors

  • Roman Kirin Doctor of Law, Associate Professor, Leading Researcher, Department of Economic and Legal Problems of Urban Studies, State Organization “V. Mamutov Institute of Economic and Legal Research of the National Academy of Sciences of Ukraine,” Kyiv, Ukraine https://orcid.org/0000-0003-0089-4086
  • Vitalii Petrenko Doctor of Technical Sciences, Professor, Department Manager, Department of Intellectual Property and Project Management, Faculty of Machines Design and Environmental Protection, Ukrainian State University of Science and Technologies, Dnipro, Ukraine https://orcid.org/0000-0001-5017-1674
  • Andrii Kalmykov Undergraduate Student, Department of Intellectual Property and Project Management, Faculty of Machines Design and Environmental Protection, Ukrainian State University of Science and Technologies, Dnipro, Ukraine https://orcid.org/0009-0009-8749-2581

DOI:

https://doi.org/10.5281/zenodo.14244250

Keywords:

adaptation of legislation, system of public authorities, legal protection, EU legal standards, implementation

Abstract

The study is aimed at analysing the harmonisation of Ukraine's national intellectual property legislation with international standards. The article examines current issues of legal regulation, identifies key challenges in the field of intellectual property protection and offers recommendations for improving law enforcement. Particular attention is paid to the adaptation of national norms to the provisions of international agreements, such as the TRIPS Agreement, the Berne Convention, the Paris Convention and others.

The methodological basis of the study is made up of general scientific and special methods, in particular, the method of comparative analysis to assess the compliance of Ukrainian legislation with international standards, the method of system analysis to identify gaps in legal regulation, and the method of generalisation, which allowed to formulate practical recommendations. The source base includes national and international legal acts, analytical reports and academic publications.

The results of the study show significant progress in the harmonisation of national legislation, in particular in the areas of copyright, patent protection and industrial design protection. At the same time, problems remain with the effectiveness of law enforcement, especially in the digital sphere, where copyright infringement remains widespread. Insufficient coordination between government agencies, businesses, and the public has been identified, which complicates the implementation of international standards.

Recommendations are offered to strengthen the institutional capacity of the National Intellectual Property Office, improve monitoring of law enforcement, intensify outreach and stimulate innovation. The harmonisation of intellectual property legislation is a key stage in Ukraine's integration into the global legal system, which will help create a favourable environment for the country's innovative development.

Published

2024-11-29

How to Cite

Kirin, R., Petrenko, V., & Kalmykov, A. (2024). Problems of Harmonisation of National Legislation with International Standards of Intellectual Property Rights Protection. Ukrainian Political and Legal Discourse, (5). https://doi.org/10.5281/zenodo.14244250

Issue

Section

Civil law and civil process