Institutional and Legal Mechanism for Supervision (Control) Over Compliance with IP-legislation: National Problems Observed in Ukraine and Foreign Experience

Abstract

In the context of European integration and acquiring the status of a country with an appropriate, internationally recognised level of IP integrity, this area and foreign experiences relating to it are extremely important and relevant for Ukraine.
The main problems related to the formation of a state system of IP controlling bodies are: lack of a scientifically based vision of the content of the concept of "state IP supervision (control)"; insufficient consideration of foreign experience of institutional and legal mechanisms of control (supervision) over compliance with IP legislation; and a critical lack of a systematic approach to determining the form, features and content of the powers of IP controlling bodies.
This article provides a theoretical and applied analysis of the concept and composition of control and supervisory relations in the IP sphere. A review of the existing institutional and legal mechanisms for monitoring compliance with legislation in the field of IP protection in foreign countries is carried out. The authors also formulate proposals for improving the institutional and legal framework for control and supervision activities in the IP sphere of Ukraine specifically.
A definition for the concept of "state IP supervision (control)" is proposed, the necessity of distinguishing between the categories "object of state IP supervision (control)" and "object of control and supervisory IP relations" is substantiated, and the subjects of control and supervisory IP relations are differentiated. The authors also identify the blocks of acts regulating substantive and procedural control and supervisory IP relations.