DEVELOPMENT OF THE BASIS OF CRIMINAL LEGAL PROTECTION OF THE RIGHT OF INTELLECTUAL PROPERTY IN UKRAINE
Journal Title: Юридичний бюлетень - Year 2018, Vol 6, Issue
Abstract
In the article the author studies the development and genesis of criminal law protection of intellectual property rights in Ukraine. The author also pointed out directions for solving a number of theoretical and practical problems related to finding out the place of norms aimed at preventing crimes against intellectual property in domestic legislation. The cases of the unequal approach of judges, prosecutors, investigators and other lawyers practitioners to the problem of qualification of crimes against intellectual property rights and ways of overcoming the problems of prosecution for crimes against intellectual property rights in Ukraine have been analyzed. Despite the rather considerable part of the work in this area, as noted by the authors, this issue is not fully studied in the national legislation, and given that Ukraine proclaimed one of the strategic directions of foreign economic policy integration into the EU, the current acceleration of the adaptation of Ukrainian legislation to EU legislation in the field of intellectual property is of particular importance in connection with the fulfillment of Ukraine’s international obligations and the objectives of the “Partnership and Cooperation Agreement (PCA) between Ukraine and Ukraine”. C “Law of Ukraine” On State Program of Adaptation of Ukraine to the EU legislation, “Agreement between Ukraine and the EU On Scientific and Technological Cooperation”. The mentioned and determines the urgency and necessity of research on the issue of protection of intellectual property rights, one of the areas of which is its historical study. The author, having investigated the development of criminal legal protection of intellectual property rights in Ukraine, came to the conclusion that, despite the changes made to Ukraine’s Criminal Code after Ukraine gained independence, the problem of criminal legal protection of intellectual property rights remained quite relevant. And the most important step in solving problems in this area was the adoption on April 5, 2001 by the Supreme Rada of Ukraine of the new Criminal Code of Ukraine. Criminal legal protection of intellectual property rights in the current Criminal Code of Ukraine is carried out by Art. 176, 177, 229 and others. However, according to the findings of international experts, the issue of criminal legal protection of intellectual property rights remains complex and relevant to the science of criminal law of Ukraine.
Authors and Affiliations
Віталій Васильович Топчій
Keywords
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