Європеїзація складу адміністративних правопорушень у сфері прав на об’єкти інтелектуальної власності
Europeanization of the Сomposition of Аdministrative Оffenses in the Field of Intellectual Property Rights

Summary/Abstract: The relevance of the article topic stems from the fact that Ukraine has become a candidate for membership in the European Union, necessitating the legislative regulation of the sphere of rights to intellectual property objects and the examination of relevant administrative offenses, taking into account international perspectives. The article is devoted to the study of objective and subjective aspects of the composition of administrative offenses in the field of intellectual property rights. The paper analyzes the legal regulation of infringement of intellectual property rights and the classification of administrative offenses in this area. Different methods of research analysis were chosen, namely methods of scientific knowledge, which are systematic and complex in nature. Thus, the historical-legal method was used to study the Europeanization of administrative legislation regarding administrative responsibility in the field of intellectual property rights; the system-structural method was applied during the study of international legal means for improving administrative legislation regarding administrative responsibility in the field of intellectual property rights; the logical-legal method was employed when investigating the composition of administrative offenses related to intellectual property rights; the method of legal modeling helped to formulate specific proposals on ways to improve administrative legislation regarding administrative responsibility in the field of intellectual property rights. Special attention is paid to the objective and subjective aspects of the composition of administrative offenses, as well as to the analysis of court practice on intellectual property rights. Peculiarities of appeals to state authorities for the protection of intellectual property rights were studied, and recommendations were offered to improve the legislation on administrative offenses in this area. Prospects for further research include clarifying the classification of administrative offenses and making changes to legislation that better reflect the specifics of offenses in this area; taking into account the individual characteristics of offenders when addressing issues of responsibility, in particular the degree of consciousness, motivation, and the possibility of preventing similar offenses in the future; strengthening the responsibility of state authorities to ensure effective protection of intellectual property rights, particularly through cooperation with international organizations and coordination of approaches to resolving cases involving administrative offenses; development and implementation of methodological recommendations for judges who consider cases of administrative offenses in the field of intellectual property rights, with the aim of unifying approaches and improving the quality of judicial proceedings; development of an effective system for the protection of intellectual property rights and the reinforcement of necessary mechanisms for their protection, drawing on the international experience of European Union countries. The results of the research can be useful for lawyers, students, and any other persons who are interested in issues of administrative responsibility and protection of intellectual property rights.

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