Principles of legal protection of intellectual property in the conditions of martial law in Ukraine

Abstract

Keywords: intellectual property, normative regulation, martial law, results of intellectualactivity, legislation Intellectual property is the basis of the developmentof the modern economy of every state, and the realization of the individual'sright to the free development of his personality, which is expressed in the embodimentof the uniqueness of the inner world in the results of creativity, is a fundamental,basic human right. Ensuring freedom of creativity and reliably guaranteeingand protecting the rights to the results of intellectual and creative activity is one ofthe fundamental tasks of the state.The Constitution of Ukraine recognizes and guarantees freedom of literary, artistic,scientific and technical creativity, protection of intellectual property, copyright, moraland material interests arising in connection with various types of intellectual activity.The designation dictates the need to create a modern system of normative regulation ofrelations in the sphere of protection of the results of intellectual, creative activity, whichwould ensure reliable protection of the rights of their subjects, recognition of creative resultsand their protection from offences.Over the past few years, thorough work has been carried out to update special legislationin the field of intellectual property, to consolidate European approaches to the regulationof relations for the protection of the results of creative activity, and significant infrastructuralchanges have been made in this direction.The introduction of martial law on the territory of Ukraine suspended theseprocesses. At the same time, in these difficult conditions, problems arose in the implementationand protection of the rights of subjects in the field of intellectual property,the result of which was the adoption of the Law of Ukraine on April 1, 2022 «On theProtection of the Interests of Individuals in the Field of Intellectual Property duringthe Martial Law Introduced in connection with the armed aggression of the RussianFederation against Ukraine».The article is devoted to the consideration of changes in the normative and legal arrayof the regulation of intellectual property relations under the conditions of martial law inUkraine. Within the scope of the research subject, the changes in the legislation in thefield of intellectual property under the conditions of the introduction of martial law areemphasized, the positive features are analysed and certain shortcomings of such changesare noted, and ways to solve them are proposed.