Administrative and legal aspects of the protection of intellectual property rights in Ukraine

Abstract

The article deals with the issues of the protection of intellectual property rights in Ukraine according to administrative law and civil law aspects. The problem is considered in the context of adapting national legislation to World Intellectual Property Organization Copyright in the virtual space of Internet.

Under the achieved level of technological progress any person takes the opportunity of access to works (including published, publicly performed, publicly displayed, transmitted by radio or television, displayed in public electronic information systems) from any place and at any time. But placing a work online there are no features of making a work available to the public. Therefore, the transference of works to the Internet and their further use should be recognized as information means of use of copyright objects that it is not defined by domestic civil legislation and it is not reflected in the administrative legislation. The analysis of the category «Internet» in its legal sense should be made by means of recognizing its legal nature, using the methodology of comparative law, comparing the relations in the Internet system and outside its virtual environment. Characterizing the relations of the virtual environment of the Internet, it is advisable to consider these legal relations through their constituents – subjects and objects. The system of the objects of these relations has a feature which is caused by participation of providers: Internet providers, service providers, providers of mobile commerce.

The world experience shows that effective management of intellectual property, when the state provides powerful stimulation of the creative process, and the author of the work knows his rights and he is sure that the law will guarantee these rights both in his country and abroad, may be not only a catalyst for the cultural development of the society and the state, but also one of the priority sectors of the economy. Thus, the further development of administrative and legal protection of intellectual property rights is necessary and promising on the basis of the development of methods and software means that implement the external relations between objects of the multidimensional data model to reduce the complexity of the algorithm of their removal and establish administrative and legal regimes of copyright protection in a virtual environment of the Internet.