Peculiarities of legal regulation of intellectual property protection in Ukraine under martial law: administrative and civil aspects

Authors

  • Yevhen Leheza University of Customs and Finance
  • Larysa Yerofieienko Simon Kuznets Kharkiv National University of Economics
  • Volodymyr Komashko National Institute for Strategic Studies

DOI:

https://doi.org/10.5335/rjd.v37i3.15233

Keywords:

copyright and related rights, object of intellectual property, industrial property right, trademark,, legal regulation

Abstract

The purpose of the research is analyses the legal regulation of intellectual property in Ukraine under martial law. It has been established that proper public administration of the intellectual property portfolio under the conditions of martial law in Ukraine is particularly relevant to avoid problems with potential court cases in the future. It is also substantiated that the preservation of data is relevant for protection and enforcement of intellectual property rights in Ukraine in the post-war economy. Methodology:  The following methods were used in the research: analysis of biographical sources, synthesis, deduction, comparative analysis, meta-analysis, etc. Conclusions. The article emphasizes that “Ukrpatent”, which fulfills the powers of the National Intellectual Property Authority in the field of intellectual property, continues to work in the conditions of a full-scale war of the Russian Federation against Ukraine, while ensuring the relevant functions and continuous operation of the state system of intellectual property legal protection. As a result, it was established, based on the analysis of data from “Ukrpatent”, that the number of registered objects of industrial property in Ukraine for the first half of 2023 compared to the first half of 2022 is 75%, which indicates a good result for wartime.

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Author Biographies

  • Yevhen Leheza, University of Customs and Finance

    Professor, Doctor of Science in law, Professor at the Department of public and private Law, University of Customs and Finance, Areas of scientific research: administrative law, protection and protection of human rights, civil law, public services, intellectual property. In 2019, he was a scholarship holder of the Verkhovna Rada of Ukraine among the most talented young scientists. In 2020, the winner of the award of the President of Ukraine for young scientists was presented with a certificate and badge of honor for the work "Theory of public services: administrative and legal component" in accordance with the Decree of the President of Ukraine No. 595/2020 "On awarding the awards of the President of Ukraine for young scientists in 2020". Member of the specialized academic council D 08.893.03 of the University of Customs Affairs and Finance with the right to accept for consideration and conduct the defense of dissertations for obtaining the scientific degree of candidate of legal sciences in the specialty 12.00.07 "Administrative law and process; finance law; information law" (Order of the Ministry of Education and Science of Ukraine dated March 4, 2020 No. 387). Fulfilling the duties of a member of the editorial boards of scientific publications: Scientific collection "Actual problems of domestic jurisprudence" (ISSN 2408-9257); Scientific journal "Legal Position" (successor of the scientific journal "Bulletin of the Academy of the Customs Service of Ukraine. Series: "Law") (ISSN 2521-6473); Scientific journal "ScienceRise: Juridical Science" ISSN (Print) 2523-4145; ISSN (Online) 2523-415. ORCID ID: https://orcid.org/0000-0001-9134-8499. https://www.scopus.com/authid/detail.uri?authorId=57200152533. www.researcherid.com/rid/X-9904-2019. E-mail: yevhenleheza@gmail.com

  • Larysa Yerofieienko, Simon Kuznets Kharkiv National University of Economics

    PhD in Law, Associate Professor, Associate Professor of Department of Legal Regulation of Economics, Simon Kuznets Kharkiv National University of Economics, Kharkiv, Ukraine. Member of the Kharkiv regional organization of the Union of Lawyers of Ukraine. International professional development of scientific, scientific and pedagogical workers and workers of educational institutions "Cloud services for online learning using the example of the Zoom platform", conducted by the Research Institute of the Lublin Science and Technology Park and the NGO "International Foundation of Scientists and Educators" from 31.08 .2020 to 09/07/2020. International professional development of scientific, scientific and pedagogical workers and workers of educational institutions "Online learning as a non-traditional form of modern education using the example of the MOODLE platform", which was conducted by the Research Institute of the Lublin Science and Technology Park and the NGO "International Foundation of Scientists and Educators" with 09.11.2020 to 16.11.2020. Scientific interests: problems of labor law, intellectual property law, jurisprudence, economic legal relations. ORCID ID: https://orcid.org/0000-0001-8436-2065 https://scholar.google.com.ua/citations?user=GiJ7iNsAAAAJ&hl=uk https://www.hneu.edu.ua/vykladachi/yerofyeyenko-larysa-vasylivna/ E-mail: lerofeenko@ukr.net

  • Volodymyr Komashko, National Institute for Strategic Studies

    Head of Legal and Anti-Corruption Policy Department Center for Security Studies of the   National Institute for Strategic Studies, Ukraine. Since 1999 he has been working in the prosecutor's office. Komashko began his career as an assistant to the district prosecutor, then held various positions in the regional branches of the prosecutor's office. Later he was transferred to the Prosecutor General's Office of Ukraine. In 2005, he became an employee of the National Security and Defense Council of Ukraine, where after a while he became assistant secretary. In addition, Vladimir Vladimirovich worked at the State Committee for Financial Monitoring of Ukraine as deputy head of the department, and then he himself became the head of the legal department.   In July 2014, by order of the Prosecutor General, Komashko became the prosecutor of the Nikolaev region, but at the beginning of 2015 he submitted his resignation. In July 2016, he became the prosecutor of the Chernihiv region. ORCID: https://orcid.org/0000-0003-1851-8548.  E-mail: volodymyr.komashko@gmail.com

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Published

2023-12-30

Issue

Vol. 37 No. 3 (2023): Justiça do Direito

Section

Artigos

License

Copyright (c) 2023 Law of Justice Journal

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How to Cite

Peculiarities of legal regulation of intellectual property protection in Ukraine under martial law: administrative and civil aspects. (2023). Law of Justice Journal, 37(3), 157-172. https://doi.org/10.5335/rjd.v37i3.15233