International influence on copyright and related rights formation and legal protection in Ukraine
Journal Title: Альманах міжнародного права - Year 2016, Vol 11, Issue
Abstract
The article analyzes the main categories of international law that have influence on copyright and related rights formation and legal protection in Ukraine. It is determined that international cooperation, harmonization of national legislation, and the country participation in the international system of copyright protection allow to improve national legislation, to har- monize it in accordance with principles and standards of international law, to resolve the issue of regulating international private relations, etc. During the research it was established that the dynamics of harmonization of copyright and related rights was closely related to the dynamics of the European Union development and the intensity of integration processes in countries that were striving for harmonization of their own legislation. Integration processes manifest in different ways in the Ukrainian Copyright Law. It was defined that integration in the legal sector may be seen in the interaction between: 1) international and national laws; 2) national legal systems; 3) homogeneous elements that make up the national legal system of a country. The author analyzed activity of some prestigious international organizations that were ac- tively involved in regulation of international relations, including intellectual property relations. It was established that the purpose of such international organizations was to promote the protec- tion of intellectual property all over the world through ensuring cooperation between countries and by providing the administrative governance with multilateral agreements that regulate legal and administrative aspects of intellectual property. It is stated that an international agreement is a means of copyright and related rights pro- tection that allows to defend and protect these rights not within a single country but within an international community, and to coordinate legal positions of different countries and norms of dif- ferent legal systems, and to establish universal standards to protect rights of subjects of copyright and related rights. In order to create a reliable and accessible system of copyright and related rights protection, international organizations and countries continue to actively promote the adoption of international regulatory acts that are intended to solve problems of legal regulation of intellectual property relations and their protection.
Authors and Affiliations
Т. М. ВАХОНЄВА
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