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Intellectual property rights protections in the conditions of martial law in ukraine

A.M. Klochko, S.V. Kaliuzhna

Private and public law(2022)

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摘要
Introduction.The Ukrainian consumer market is systematically replenished by counterfeit products that evidences of low-effective protection system in the sphere of intellectual property, including at the criminal and legal level.However, social danger of criminal offences related to the intellectual property is of no doubt.The intellectual property rights protection is an important component to success in the market for many companies and trademarks.The security of the intellectual property rights requires continuous market control and monitoring, tracking and identification of violations, working on collection of actual evidences, preparation of documents and their transfer to court bodies, working with courts and control over execution of court decisions.The results of the judicial reform commenced in 2016 in Ukraine, along with amendments to the Constitution, provided for establishing several new institutions, among which was a specialized court -the Intellectual Property High Court.In the fight against counterfeit, one of the main factors is timely harmonization of the regulatory and legal framework to ensure proper protection of copyrights and industrial property rights, as well as its agreement with the related general European imperatives.The quality judicial protection is one of the mechanisms of balanced comprehensive and efficient dispute settlement in terms of intellectual property rights protection.However, the legally provided martial law in Ukraine has somewhat changed the vector of the intellectual property rights protection system by orienting it not only towards internal but also external threats.The martial law in Ukraine provides for certain restrictions of constitutional rights and freedoms of a human and a citizen on a temporary basis during the period of the material law.Temporary
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关键词
intellectual property,martial law,property rights
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