Theoretical aspects of criminal protection of intellectual property rights
Authors: Perminov Y. T. 
Published: October 2024

The protection of intellectual property rights (IPR) in criminal law is an important aspect of the legal system that enforces rights holders and prevents the illegal use of intellectual products. The modern world, in which information and innovation play a key role in the development of society, requires effective IPR protection mechanisms at both the national and international levels. This paper examines various aspects of the criminal law protection of IPR, starting with basic concepts and ending with international agreements regulating this area.
The concept of IPR covers a wide range of objects that are the results of creative and innovative activities: copyrights to literary, musical, artistic works, rights to inventions, trademarks, industrial designs, geographical indications and other intellectual products that have economic and social value. Criminal law protection of IPR in Ukraine is regulated by a number of legislative acts, in particular the Criminal Code of Ukraine, the Law of Ukraine «On Copyright and Related Rights», the Law of Ukraine «On the Protection of Rights to Inventions and Utility Models», etc. These regulations establish liability for infringement of intellectual property rights, including illegal use of IPR objects, piracy, counterfeiting of trademarks, which can cause significant material damage and affect the reputation of rights holders.
An important place in the study is the analysis of the composition of crimes in the field of IPR. IPR crimes can vary in their nature and complexity. This can be both a direct violation of copyright, and more complex cases related to the counterfeiting of goods or the use of trademarks without the permission of the owner. Analysis of the criminal composition helps to understand which actions are subject to criminal liability and which sanctions can be applied to violators. Subjects of crimes in the field of IPR include both natural and legal persons who may be responsible for infringement of intellectual property rights.
Particular attention is paid to the issues of identification and prosecution of violators, as well as problems arising in the process of law enforcement. The international aspect of IPR protection is an integral part of the modern legal system, as globalization leads to an increase in the international exchange of intellectual products and information. The work examines key international agreements, in particular the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which establishes international standards for the protection of IPR.
It is also important to analyze the role of international organizations, such as the World Intellectual Property Organization (WIPO), in coordinating the efforts of various countries in the fight against IPR violations.
The work also raises issues of problems and prospects for the development of criminal protection of IPR. Challenges associated with the development of digital technologies create new risks for rights holders, in particular in the area of digital piracy and copyright infringement on the Internet. In the conditions of globalization, the harmonization of national legislation with international standards is necessary, as well as the development of international cooperation mechanisms for the effective protection of IPR.
In general, the study highlights current problems and provides recommendations for improving the system of criminal protection of IPR in Ukraine. Effective protection of intellectual property rights is a key factor in ensuring innovative economic development and increasing the country’s competitiveness in the international arena.