Specific features of intellectual property rights protection under the crossing of customs border of Ukraine by goods
Анотація
The paper investigates the problems of protecting intellectual property rights when goods crossing the customs border of Ukraine. The necessity of reforming the national system for the protection of intellectual property rights and bringing it into line with international legislation has been proved. The proposed projects of changes in domestic legislation, contributing to the implementation of the EU mechanisms for the protection of intellectual property rights at customs, and will allow to strengthen the fight against counterfeit and pirated products during their movement across the customs border of Ukraine are considered. Analyzed the main normative legal acts on the research problem, and developed a methodology for customs control and customs clearance of goods containing intellectual property. The paper describes the most common violations in the field of intellectual property rights, among the main authors highlighted the problems of parallel import and patent trolling. It is noted that an important step towards the protection of intellectual property rights was the creation of an appropriate customs register of objects of intellectual property rights as part of the Unified Automated System of the State Customs Service. The specified system includes the established procedure for online registration of the corresponding objects of intellectual property rights, which makes it possible to reduce the time for consideration of applications and their placement. It is indicated that the protection of intellectual property rights provides for an increase in the level of prevention and counteraction to the movement across the customs border of Ukraine of goods that violate such rights, and helps to cleanse the domestic market from counterfeit products. Today, a new Customs Register of Intellectual Property Objects is being formed and a center for operational expertise is being created.
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