Defence of intellectual property: history of development and prospects for improvement in modern Ukraine

Intellectual property law is a relatively new institution in Ukrainian law. As of today, the fundamental issues of intellectual property have remained debatable and in need of updating and improvement. The difficulties with the legal regulation of intellectual property are connected both with the constantly expanding range of objects and with the increase in the scope of rights and freedoms of participants in civil and economic turnover. No less important issues of effective regulation of the national intellectual property system have been related to the Association agreement between the European Union and its member states, of the one part, and Ukraine, of the other part. Also, in Ukraine, a whole series of problems of legal regulation of intellectual property is caused by a significant historical period during which intangible objects as an economic category did not exist, and therefore did not require protection. After the restoration of the independence of our State, the development of legislation on the defence of intellectual property began. Building an effective intellectual property system in Ukraine is an important stage and prerequisite for the integration of our country into the European community. After the restoration of Ukraine’s independence, our legislation in the field of intellectual property underwent serious changes and reforms. The Constitution of Ukraine provided that citizens are guaranteed freedom of literary, artistic, scientific and technical creativity, protection of intellectual property, their copyrights, moral and material interests arising in connection with various types of intellectual activity. Every citizen has the right to the results of his intellectual and creative activity; no one can use or distribute them without his consent, with exceptions established by law. Intellectual property relations in Ukraine are regulated by both national legislation and international legal acts. The terms «protection» and «defence», which are often used interchangeably, are not identical. At the same time, the prospects for improving the legislation of Ukraine on the protection of intellectual property include its harmonization with the law of the European Union.