INTERNATIONAL ASPECTS OF INTELLECTUAL PROPERTY RIGHTS PROTECTION

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Published: Dec 30, 2022

  Olena Pasechnyk

Abstract

The article is devoted to the study of the main aspects of international protection of intellectual rights. The authors consider a number of international conventions and treaties, as well as the main provisions of cooperation between WIPO and the WTO under the Agreement on Trade-Related Aspects of Intellectual Property Rights. International treaties form a network that serves all member states, depriving them of the opportunity to act arbitrarily, at their discretion. They establish common norms and standards of IP protection, deviation from which is punishable by sanctions. By signing such treaties, states agree to partially abandon their own IP laws and follow the path of convergence with the laws of other countries. Such agreements exist for almost all categories of IP. The international system of public administration procedures in the field of intellectual property today is based on two conventions concluded in the late XIX century: Paris Convention for the Protection of Industrial Property of 20 March 1883 (Paris Convention) and the Berne Convention for the Protection of Literary and Artistic Works of 9 September 1886 (Berne Convention). These two Conventions played a fundamental role in the subsequent development of legal institutions. In the modern world, a certain system of international legal regulation of related rights has already developed, which directly affects the European related law, since, in particular, the norms of international law form the basis of the legal system of the European Union, and form international, including European, standards of intellectual property rights, including copyright and related rights. The main institutions dealing with IP protection on a global scale are the World Intellectual Property Organization (WIPO), the World Trade Organization (WTO) and the United Nations Educational, Scientific and Cultural Organization (UNESCO). All member states of the European Union, as well as the European Community are members of the WTO organization, which has gained great importance in the field of intellectual property in connection with the adoption of the TRIPS Agreement. The reason that prompted states to choose a forum other than WIPO to negotiate this agreement was the growing dissatisfaction with the existing contrast between the precision, elegance, even sophistication of the treaty documents that were negotiated at WIPO and the inadequacy of the means to ensure the practical implementation and uniform interpretation of these treaties in different countries. The TRIPS Agreement addresses five important issues: the principles of the trade system and international agreements on intellectual property, the minimum level of protection of intellectual property rights, measures to enforce these rules, the procedure for resolving disputes in the field of intellectual property, as well as transitional measures during the implementation of the systems. Ukraine is a party to more than 50 multilateral and bilateral international treaties on intellectual property. Therefore, it is advisable to determine the role of international standards in the system of intellectual property rights protection as integral components of the national legal system in Ukraine. This has become especially important since 24.02.2022 due to the outbreak of a full-scale war on the territory of Ukraine. The occupation of the territory of Ukraine by Russian invaders and the theft of industrial infrastructure, cultural heritage, art objects, which are also objects of intellectual property. Absolutization of copyright and related rights protection does not automatically mean bringing such protection to international standards. Recently, in Europe and the United States there has been an understanding of the need to find a consensus between the interests of copyright and related rights holders and the interests of society for access to cultural heritage. It is necessary to amend the legislation of Ukraine in order to harmonize the interests of copyright and related rights holders and the interests of society for access to cultural heritage, in the context of introducing only the minimum requirements of international legal acts for the protection of copyright and related rights and simplifying access to copyright and related rights.

How to Cite

Pasechnyk, O. (2022). INTERNATIONAL ASPECTS OF INTELLECTUAL PROPERTY RIGHTS PROTECTION. Baltic Journal of Economic Studies, 8(5), 146-157. https://doi.org/10.30525/2256-0742/2022-8-5-146-157
Article views: 516 | PDF Downloads: 275

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Keywords

intellectual law, intellectual property protection, Paris Convention, Berne Convention, Madrid Agreement, Geneva Treaty, WIPO, WTO, TRIPS, intellectual Ukraine, implementation of international agreements, protection of intellectual rights in war

References

Anhel, Ye. (2018). Unnecessary intellectual property: where and why is Ukraine slowing down. Available at: https://www.eurointegration.com.ua/experts/2018/03/13/7078571/

Berne Convention (2003). Berne Convention for the Protection of Literary and Artistic Works. Bulletin of International Treaties, vol. 9.

Borshch, V., Rudinska, O., Rogachevskyi, O., Martyniuk O., Kusyk, N., & Huz, D. (2022) Strategic Health Care Management: Challenges and Realities of Emergencies. Economic Affairs, vol. 67(4), pp. 851–857.

Ennan, R. E. (2012). Legal protection of intellectual property in the European Union: prerequisites for formation, current state, development trends. Journal of Civil Studies, vol. 13, pp. 110–119.

Fil, S. P. (2016). Protection of intellectual property rights at the customs border of Ukraine in the aspect of harmonization of customs legislation with the norms of the European Union. Science and Law Enforcement, vol. 3, pp. 292–298.

Fang, L. (2017). Іntellectual Property Rights Protection, Ownership, and Innovation: Evidence from China / L. Fang, J. Lerner, C. Wu. The Review of Financial Studies. Vol. 30, No. 7. P. 2446–2477. DOI: https://doi.org/10.1093/rfs/hhx023

Hridochkin A. (2019). Public administration in the field of intellectual property: the experience of the European Union.

Hornysevych, A. M. (2011). International standards for the protection of intellectual property rights. Science and Innovation, vol. 7 no 3, pp. 49–53. Available at: http://dspace.onua.edu.ua/bitstream/handle/11300/9802/izbash_o_o_mizhnarodni_aspekty_zakhystu_intelektualnykh_prav.pdf?sequence=1&isAllowed=y

Galupova, L. (2022). Protection of intellectual property rights under martial law. Available at: https://cutt.ly/c3vPqoR

Izbash, O. O. (2018). International aspects of intellectual rights protection. LEX PORTUS, vol. 2 (10). Available at: http://dspace.onua.edu.ua/bitstream/handle/11300/9802/izbash_o_o_mizhnarodni_aspekty_zakhystu_intelektualnykh_prav.pdf?sequence=1&isAllowed=y

Komzyuk, L. T. (2012). The main trends in the harmonization of EU copyright. Information and Law, vol. 1 (4), pp. 33–39.

Michel M. Walter (2003). Relationship and comparison of the Rome Convention, the WIPO Performances and Phonograms Treaty (WPPT) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreements). International public and private law, vol. 5, p. 32.

Nazarenko, S. M., Maistro, D. S., & Pererva, P. G. (2020). Modern problems of protection of intellectual property rights in Ukraine. Available at: https://core.ac.uk/download/pdf/162868431.pdf

On the introduction of martial law in Ukraine: Decree of the President of Ukraine № 64/2022 from 24/02/2022. Available at: https://zakon.rada.gov.ua/laws/show/64/2022#Text

Peculiarities of judicial proceedings under martial law. Available at: https://jurliga.ligazakon.net/news/211140_osoblivost-zdysnennyasudochinstva-v-umovakh-vonnogo-stanu

Peng, M., Ahlstrom, D., & Carraher, S. (2017). History and the debate over intellectual property. Management and Organization Review. Vol. 13, No. 1. Р. 15–38. DOI: https://doi.org/10.1017/mor.2016.53

Project Lex Digital Blog (2012). The Court of Justice of the European Union on the powers of broadcasting organizations, on the relationship between European and national law, and principles of interpretation: Lex Digital Blog. Available at: https://www.lexdigital.ru/2012/046/#more-571

Project Lex Digital Blog. An authoritative review of the prospects for intellectual property law in the digital realm: Lex Digital Blog. Available at: https://www.lexdigital.ru/2012/030/#more-406

Regarding the implementation of urgent measures to ensure the stable functioning of the judiciary in Ukraine in the conditions of the termination of the powers of the Ukrainian People's Liberation Army and martial law in connection with armed aggression on the side of the Russian Federation: decision of the Council of Judges of Ukraine No. 9 of February 24, 2022.

Raustiala, K. (2019). Intellectual Property in the Information Age: American &Chinese Perspectives. UCLA School of Law, Public Law Research Paper. No. 19-30. Available at: https://ssrn.com/abstract=3451389

Valle, V. (2010). The decline of James I and Queen Annie: the protection of intellectual power in the hour of space. Available at: https://www.viravallee.com/books/book2.aspx

World Intellectual Property Organization. Available at: www.wipo.int/about-wipo/ru/history.html

Yurynets, Yu. L. (2012). The international system of regulation of related rights in the context of the European integration of Ukraine. Information and Law, vol. 3(6). Available at: http://ippi.org.ua/sites/default/files/12uuleiu.pdf