Intellectual Property System of Ukraine: Current Status and Development Prospects

Abstract

The article reviews the current state of the intellectual property system based on a wide range of sources. The author characterizes the general trends in the development of this sphere. She analyzes the main legal acts that determined the directions and principles of reforming the legal protection and enforcement of intellectual property.
In the study, the author points out that Ukraine’s position is rather weak. In the report for 2022, the International IP Index is calculated for 55 countries of the world according to 50 unique indicators, which are divided into 9 categories. Ukraine's overall score is 19,87 out of 50 (39,74 %). There are significant difficulties in the implementation of national legislation and international treaties. The author emphasizes that despite the efforts of all branches of government at the highest level, there are still difficulties in law enforcement, lack of qualified specialists interested in the development of intellectual property. There are significant problems in the organization of the work of the High Court of Intellectual Property. The author emphasizes that not all legislative changes have a positive impact on the possibilities of intellectual property protection, some innovations require balanced approaches, taking into account the opinions of experts and practitioners.
Reforms are accompanied by institutional changes. From November 8, 2022, the state organization «Ukrainian National Office of Intellectual Property and Innovation» became the entity performing the functions of the National Intellectual Property Authority. The head of the newly created institution emphasizes transparency of activities, strengthening of the expert corps, attraction of young promising personnel, quality information resources and comprehensiveness in its activities.
As of December 2022, the reset of the intellectual property sphere continues, which is complicated by systematic massive missile strikes on the critical infrastructure of the entire state.