INTELLECTUAL PROPERTY PROTECTION IN UKRAINE: CIVIL LAW DIMENSION

Abstract

The article is devoted to the study of the role of intellectual property in modern Ukrainian society and the enforcement of intellectual property rights by civil law means. It is emphasized that modern society cannot be imagined without objects of intellectual property, because with its development, intellectual property becomes one of the most important factors of production – along with land, capital and labor. It is emphasized that intellectual property in the form of new knowledge or information is of particular value, as it is a way of creating and increasing capital. That is why the institution of intellectual property law has become quite widespread in the modern world. The analysis of the prerequisites for the emergence of intellectual property, the reasons for the growing importance of intellectual property in modern society, in particular the impact on the socio-economic system, is presented, the civil law component of the protection of intellectual property rights, which requires constant improvement in view of the expansion of intellectual property objects, is considered. In general, intellectual property is considered in objective and subjective aspects. Intellectual property in an objective aspect is a set of norms that regulate relations related to the creation and use of a number of results of intellectual creative activity and means of individualization of participants in civil circulation. Intellectual property in the subjective aspect is a set of deeds of both personal and property nature, which belong to the authors of creative achievements, patent owners or persons who carry out the registration of means of individualization, their heirs and other successors. The civil law basis of the protection of intellectual property rights is characterized, taking into account the impact of intellectual property on the processes taking place in society and the economy, as well as some positive aspects of the use of intellectual property for the business entity, the state and society in general are reflected. It was established that the concept of «intellectual property right» plays a key role in the issue of intellectual property protection.