ОХОРОНА ПРАВ НА ОБ’ЄКТИ ПРОМИСЛОВОЇ ВЛАСНОСТІ В УКРАЇНІ: ОРГАНІЗАЦІЙНО-ПРАВОВЕ ЗАБЕЗПЕЧЕННЯ

Abstract

The article emphasizes that the concept of «ensuring the protection of rights to objects of industrial property in Ukraine» is quite important, since legal regulation in general and administrative-legal regulation in particular are subject not to the object of industrial property itself, but to social relations that directly constitute the reason for its provision. Therefore, ensuring the protection of rights to industrial property objects in Ukraine is a social process – a complex of legal, organizational and other measures that is constantly developing, striving for a defined goal, closely related to the protection of industrial property, stimulation of further development, etc. It was determined that the issuance of a security document by authorized state bodies, on the one hand, indicates confirmation by the state of the fact of security capability and belonging to a specific object of industrial property, as well as the state’s obligation to provide legal protection if necessary. From the second – with the issuance of a security document, not only certain subjective rights arise, but also corresponding subjective duties, in case of non-fulfillment of which the corresponding legal consequences arise – the termination of the provided legal protection. It was concluded that the protection of rights to industrial property objects in Ukraine should be understood as a complex of legal, organizational and other methods that is constantly developing and strives for a certain goal, closely related to the protection of industrial property, stimulation of further development, etc. Provision of administrative protection of rights to objects of industrial property in Ukraine is a set of relations that are formed in the process of development and (or) implementation of measures for the protection of rights to objects of industrial property in Ukraine in the process of acquiring the right of industrial property, state regulation of the implementation of this rights, as well as protection and protection in the administrative procedure. Administrative and legal support primarily involves the regulation by means of the norms of administrative law of social relations that arise for and in the process of realizing the rights to industrial property objects in Ukraine, influencing them with the help of the elements provided for in the legislation.