CRIMINAL-LEGAL PROTECTION OF INTELLECTUAL PROPERTY AND RELATED RIGHTS IN UKRAINE: CURRENT STATUS AND PROSPECTS
Abstract
Abstract. The article analyzes the current state of criminal law protection of intellectual property and related rights in Ukraine. The relevance of the study of this topic is due to the development of criminal legislation, which regulates criminal liability for violation of copyright and related rights. In the conditions of rapid commercialization of creative activity, there is an urgent need for legal protection of copyright and related rights, in particular through the prism of criminal law. The research method is the problem of law enforcement in the field of criminal law protection of intellectual property, analysis of the current and draft versions of criminal legislation, as well as substantiation of directions for improving the relevant legal protection taking into account European standards. The methodological basis of the study is general scientific (analysis, synthesis, induction, deduction), special legal (systemic, formal-legal, comparative-legal) methods, which allowed a comprehensive analysis of the selected object of research. As a result of the study, the main gaps in the current version of Art. 176 of the Criminal Code of Ukraine, which complicates effective criminal prosecution for digital offenses. A comparative analysis was conducted with the provisions of the draft of the new Criminal Code of Ukraine, positive changes and shortcomings of the proposed version were identified. Special attention was paid to judicial practice and statistics on the actual application of the relevant article. The scientific novelty conflicts in a comprehensive approach to the criminal-legal protection of intellectual rights from the standpoint of modern challenges of the digital environment. Practical significance will help in substantiating specific proposals for improving criminal legislation, which can be used in rule-making activities, law enforcement practice and in the training of specialists in the field of intellectual property law.
Keywords: Criminal Code of Ukraine; intellectual property; related rights; copyright; criminal law protection; protection of rights; reform of the Criminal Code of Ukraine.
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