СУЧАСНИЙ СТАН ПРАВОВОГО РЕГУЛЮВАННЯ АДМІНІСТРАТИВНО-ПРАВОВОЇ ОХОРОНИ ПРАВА ІНТЕЛЕКТУАЛЬНОЇ ВЛАСНОСТІ У СФЕРІ НАУКОВОЇ ДІЯЛЬНОСТІ В УКРАЇНІ

Abstract

The article clarifies the meaning of the concept of “legal regulation of the administrative and legal protection of intellectual property rights in the field of scientific activity”, which refers to the legal effect of the norms of administrative law on social relations that arise in the process of implementation by the subjects of management of administrative and legal protection of intellectual intellectual property in the field of scientific activity, the main purpose of which is to ensure the legitimate interests and rights of the subjects of intellectual property rights in the field of scientific activity. The classification of laws of Ukraine and sub-normative legal acts that contain provisions on the protection of intellectual property rights in the field of scientific activity is carried out on: a) legal acts defining the rights of intellectual property subjects in the field of scientific activity for their protection and protection; b) legal acts regulating the management activity concerning the protection of intellectual property rights in the field of scientific activity and determine their functions and powers in the field of protection; c) legal acts that establish responsibility for violation of intellectual property rights in the field of scientific activity; d) other legal acts regulating intellectual property rights protection in the field of scientific activity; and their characterization has been made. On the basis of the analysis of the system of international and national legislation that regulates the protection of intellectual property rights in the fi eld of scientifi c activity, the author identifi es the peculiarities of the current state of legal regulation of the relevant relations, namely: 1) the existence of an extensive system of legal acts on the administrative and legal protection of the intellectual right property in the fi eld of scientifi c activity, which makes it difficult to apply them in practice; 2) the legal regulation of the administrative and legal protection of intellectual property rights in the field of scientific activity is in the process of development, since more detailed regulation requires a relationship with the protection of scientific discoveries, since in the national legislation there is no normative legal act that would regulate this issue (developed by the Project Law of Ukraine “On Protection of Rights to Scientific Discovery of December 14, 2004”), there is also no clear indication that objects of copyright are scientific works; 3) there is no single normative legal act that would regulate the protection of intellectual property rights in the fi eld of scientifi c activity, would determine the legal regime of scientifi c results as objects of intellectual property rights, the system of subjects of such protection, the direction of their activities, powers, forms and methods of administrative law protection of intellectual property rights in the field of scientific activity.