PUBLIC LAW PROTECTION OF INTELLECTUAL PROPERTY UNDER MARTIAL LAW: LEGAL CHALLENGES AND ADAPTATION MECHANISMS

Abstract

Introduction. The introduction of martial law in Ukraine has led to significant changes in the legal regulation of public relations, including in the field of intellectual property protection. In conditions of armed aggression, the application of public-law mechanisms for the protection of intellectual property rights, designed to ensure a balance between the interests of the state, society, and rights holders, taking into account the requirements of national security and defense, becomes of particular importance. Purpose. The purpose of the article is a comprehensive study of the legal challenges of public-law protection of intellectual property under martial law, as well as the main mechanisms for adapting national legislation and the practice of its application to the functioning of the state under conditions of an emergency legal regime. Materials and Methods. The research materials are: regulatory and legal support for the protection of intellectual property in Ukraine, in particular laws, by-laws, acts of military legislation and international legal documents; scientific works of domestic and foreign authors investigating the problems of public legal protection of intellectual property, state regulation and adaptation of law enforcement practice in conditions of emergency legal regimes. The methodological basis of the research is made up of general scientific and special legal methods of cognition, in particular formal-legal, systemic-structural, comparative-legal, and legal modeling methods. The formal-legal method was applied during the analysis of the norms of the national legislation of Ukraine in the field of intellectual property and acts regulating the legal regime of martial law in order to clarify their content, legal nature and features of the legal regulation of public-legal protection of intellectual property in conditions of armed aggression. The system-structural method was used to study the public-legal mechanism of intellectual property protection as a holistic system. The comparative-legal method was applied in order to compare the national legislation of Ukraine in the field of intellectual property protection with the provisions of international and European legal acts. Results. The scientific article proves that martial law significantly transforms the methods of implementing and protecting intellectual property rights in Ukraine, causing temporary restrictions on administrative procedures, strengthening the role of state regulation and the priority of public interests. Key areas of adaptation of public legal mechanisms are identified, including simplification of registration procedures and extension of protection terms, digitalization of administrative processes, modification of approaches to law enforcement and increasing the efficiency of coordination between state bodies. Analysis of law enforcement practice indicates the need to integrate preventive and protective measures to minimize the risks of violations of intellectual property rights, especially in the digital environment. Discussion. Further research should be directed at developing a comprehensive model of public-legal protection of intellectual property for the period of post-war reconstruction of Ukraine, which will include the integration of international standards and best practices of other states. Particular attention should be paid to improving legislation and law enforcement practice, taking into account new objects of intellectual property, digitalization of processes, strengthening preventive and coordination mechanisms, as well as the development of legal culture and increasing the efficiency of interaction between state bodies, business and the scientific and educational environment.