Law enforcement function of the state in the field of intellectual property protection

Abstract

In the conditions of innovative development of economic relations, the role of the law enforcement function of the state is increasing, which requires its authorised bodies and officials to ensure the guaranteed rights of citizens to protect their property and personal non-property rights in the field of intellectual property according to the Constitution and laws of Ukraine. This problematic issue remains relevant for the majority of intellectual property rights holders. The purpose of the study is to reveal the peculiarities of the law enforcement function of the state in ensuring the protection of certain objects of intellectual property. The methodological basis of the research consists of a set of general scientific and special methods and techniques of scientific cognition, including philosophical, metaphysical, deductive and inductive methods, methods of abstraction, modelling, and forecasting, which in combination helped to achieve the set goal. Based on the analysis of a significant number of regulatory legal acts and scientific opinions, research on the law enforcement function of the state in the field of intellectual property, which covers a wide range of private and public interests, has been conducted. The implementation of these constitutional provisions lies in creating proper and effective economic conditions for attracting investments in innovative product creation, and in case of their violation, the state, through its authorised bodies, is obliged to ensure the protection of violated rights. Attention is drawn to the specifics of the main law enforcement functions of the state, which provide for the creation of necessary conditions and stimulation of authors (creators) to obtain the result of creative activity, promote the free use (circulation) of the results of intellectual activity, protection of violated or contested intellectual property rights. It is emphasised that national legislation contains a list of actions that constitute a violation of intellectual property rights, which provide grounds for administrative or judicial protection. Existing gaps in legal protection of intellectual property are analysed. Attention is paid to the state of legislative reflection of the interests of participants in relations in the field of artificial intelligence, determination of the grounds and consequences of legal regulation in the European Union and Ukraine. The results of the work can be used by lawyers as well as by officials of state bodies ensuring the law enforcement function of the state in the researched sphere of relations