Intellectual property rights protections in the conditions of martial law in Ukraine

Abstract

The article gives a review of the implemented measures and ways of modelling activities of subjects in counteraction to intellectual property offences in Ukraine in the condition of the legally provided martial law. It is found out that high level of criminal and legal protection, timely adoption of the relevant laws in the intellectual property right protection driven by threats of the martial law caused by both internal and external threats during martial law. Selected statistical indicators of criminal offenses in the field of intellectual property in Ukraine were analyzed. Emphasis is placed on positive trends in determining the place of criminal offenses in the field of intellectual property in the draft of the new Criminal Code of Ukraine. At the same time, it is noted that the activities of individual subjects in combating these criminal offenses are not effective or not effective enough. This concerns the disorderly activities of the High Court on Intellectual Property, the creation of which was initiated in 2019 as a result of the judicial reform. Emphasis was placed on the expediency of intensifying work with foreign partners, in particular in the field of scientific grant activity, which will allow for the development of mechanisms for the protection of intellectual property necessary for Ukraine. The relevance of such a veсtor of cooperation is due to the fact of the temporary stay of a significant number of Ukrainian scientists outside the state and the growth of opportunities to implement relevant projects aimed at the development of individual legal institutions. It is noted that, considering Ukraine’s acquisition of the status of a candidate for the European Union, the need to adapt and optimize sectoral legislation, including in the field of intellectual property, to EU requirements is increasing.