Protection of intellectual property rights in the field of national security and defense of Ukraine
Authors: Petrenko V. O. , Butnik-Siverskyi O. B. 
Published: September 2024

It is considered the formation of an economic-legal mechanism for the protection of intellectual property rights in the field of national security and defense of Ukraine and it is substantiated that this mechanism is a complex system in a broad sense, where there is a combination of integrated innovative activity of the state scientific and production structures of the Ministry of Defense of Ukraine with the Ukrainian National Office of Intellectual Property and Innovations in the direction of protection of intellectual property rights, and also it has a basis of innovativeness (innovative-intellectual activity) taking into account the relevant principles and priorities. The effectiveness of the mechanism in the conditions of creating an innovative and intellectual environment in the field of defense with the cycle «science – technics – technology – production – defense» is determined as a targeted combination of highly qualified leading specialists and scientists in the appropriate organizational-functional and technical-technological production structure, which is aimed at innovative-intellectual activity and technical-technological entrepreneurship, where the economic component is taken into account – receiving remuneration during the commercialization of intellectual property rights objects in the form of profit, royalties, combined payment, which are intended to stimulate the subjects of right to protect intellectual property rights. Attention is focused on the activities of subjects that have violated intellectual property rights in the aspect of the directions of violations. These directions allow us to look for effective ways of countering such activities in the field of national security and defense of Ukraine. It is noted that the formation of an economic and legal mechanism for the protection of intellectual property rights in the sphere of national security and defense of Ukraine will contribute to effective countermeasures against violations of property rights of intellectual property in this important field of activity. Important criteria for the effectiveness of the protection of intellectual property rights are outlined, which are: the level of professionalism and personal responsibility of judges, the level of creative thinking and creativity of judges, the level of court independence, the level of software, organizational, personnel, legal and information support of the court apparatus. Arguably, the lack of appropriate legislative regulation and experience in the commercialization of military and defense technologies and equipment using IPPR is pointed out in Ukraine, creates opportunities for violations of property rights of intellectual property, which lead not only to the lack of effective protection of the rights of IPPR subjects, but also affect on the defense capability of the state. The economic and legal mechanism for the protection of intellectual property rights in the field of national security and defense of Ukraine is presented, which requires coordination of the efforts of all subjects authorized to protect and protect intellectual property. It is noted that the development of the sphere of intellectual property has a decisive influence on the state of national security, which is linked to organizational measures to neutralize internal sources of threats and protect against external threats to national security.