The dissertation is devoted to a comprehensive study of the protection of intellectual property rights in the digital environment. The main issues considered in the work correspond to modern challenges facing legal science, practice and law-making in the field of intellectual property law. The implementation of digital technologies in all spheres of social relations requires the development of new approaches in law enforcement, the justification of new theoretical and legal provisions in this sphere, as well as the need to review regulatory and legal regulation, in particular, through the adoption of new laws. The dissertation study also reflects the state's policy regarding digitization, informatization of society, as well as intellectual property protection. Thus, integration processes into the European Union (hereinafter referred to as the EU) include, among other things, the introduction and use of digital technologies. Therefore, on this path, among the main tasks facing the state are the formation of new mechanisms of state administration, overcoming gaps in legal regulation, and promoting self-regulation of relations in the digital sphere.
In the dissertation work, a theoretical generalization and a new solution to the scientific task, which is revealed in the study of the protection of intellectual property rights in the digital environment, is carried out. The main theoretical and practical results are summarized as follows.
In the first chapter of the dissertation, the doctrine of protection of intellectual property rights is considered, special attention is paid to the correlation of such concepts as «protection» and «protection» of rights. Considering the interdisciplinary nature of the research, attention is paid to such concepts as «lex informatica», which is designed to meet the needs of Internet users, and «code is law», which consists in the ability of digital technologies to take over the functions of law and perform the role of a social regulator. The possibility of applying self-regulation in the digital sphere is analyzed, as a result of which definitions of concepts and their inclusion in the content of the draft Law of Ukraine «On Self-Regulatory Organizations» are proposed. Examples of modern startups are given, the main activity of which is aimed at creating digital platforms that provide various opportunities for intellectual property management. The international experience of the USA, China, and Japan in both the possibilities of applying artificial intelligence and ways of protecting intellectual rights, as well as the Action Plan on intellectual property to support the recovery and stability of the EU, is described.
Types of intellectual property offenses committed in the digital environment have been studied. Examples from court practice are given on the illegal use of marks for goods and services on the Internet. The current state of protection of intellectual property rights is considered from three positions: legal, technical, and political. Modern technologies for the protection of intellectual property rights are given, and the scientific and theoretical basis of their application is also analyzed. The author's definition of the concept of «protection of intellectual property rights in the digital environment» is proposed.
The second chapter examines the mechanisms of protection of intellectual property rights in the conditions of digitalization. General theoretical approaches to the content of the mechanism of legal regulation are outlined, taking into account scientific polygamy in approaches to understanding this category. The reasons determining the relevance of the study of the mechanisms of protection of rights in the field of intellectual property have been determined. It was established that the elements of such a mechanism differ from the generally accepted ones, as they relate only to the final stage of legal regulation - protection. Such elements include: form of protection; method of protection; order of protection; means of protection It was determined that a separate place in the mechanism of protection of intellectual property rights is occupied by technical means. Such a universal form of protection as self-defense has been studied. It was concluded that self-protection of intellectual property rights in the digital environment can have both a primary and a preventive nature. Also, the possibility of their combination: jurisdictional and non-jurisdictional is a specific feature of the application of forms of protection in the researched area. As a general rule, protection of intellectual property rights and interests protected by law is carri
