Mydzhyn G. Administrative and legal protection of intellectual property rights in Ukraine.

The thesis analyzes the administrative and legal protection of intellectual property rights in Ukraine in the context of modern state formation and development of administrative and legal science and implements a new solution to the scientific problem of administrative and legal aspects of protection of intellectual property rights in the conditions of European integration of Ukraine. It is emphasized that in the history of legal science three main periods of formation and development of theoretical knowledge on legal regulation of intellectual property rights are defined: jurisprudence of concepts, jurisprudence of interests, jurisprudence of values. Based on the comparative legal analysis of the formation of intellectual property right, it was found that in the Ukrainian lands there were six stages of development (in the context of these periods). The current stage is characterized by trends in the adaptation of national legislation of Ukraine to the requirements of the European Union. The adoption of the Ukraine – European Union Association Agreement initiated the processes of reforming the legislation on the protection of intellectual property rights to the social and economic conditions of the EU. It is stated that based on the application of the methodology of system and activity approach with account for the principles of the current stage of development of legal science administrative and legal protection of intellectual property rights is defined as a system of theoretical views and initial scientific positions expressed in the categorical conceptual framework of the general theory of law, revealing the content, details, functions, methods, and forms of manifestation, levels and types of influence on public relations through administrative and legal means. Construction of a theoretical system that wholly reproduces the essential aspects of administrative and legal protection of intellectual property rights, is based on empirical material of socially conditioned practice, and on the formation of general theoretical and sector-specific scientific base, which contribute to the development on the basis of the methodology of rationality the basic scientific and theoretical provisions of the directions of solving the problem of efficiency of administrative and legal protection. It is argued that the regulatory and legal protection of intellectual property rights in Ukraine is a set of regulatory legal acts of higher legal force, bylaws of state (public) authorities, departmental and corporate legal acts. The specificity of intellectual property right is the inclusion in the framework laws, governing the protection of certain intellectual property, norms that provide for the priority of special norms over general norms. It is noted that regulatory acts of intellectual property right on the subject of legal regulation give dynamism to legal relations that develop in the context of trends in social relations characteristic of the information society. Currently, there are two main trends in this development, due to the development of information and communication technologies and strengthening the protection of human rights and freedoms. This is a tendency to complicate relations in the field of legal regulation of protection of intellectual property rights and the tendency to expand the subject of legal regulation by the norms of administrative law. The legal regulation of protection allocated to the subject of legal regulation is characterized by the fact that it becomes more voluminous and covers a significant number of norms.