LEGAL CHARACTERISTICS OF THE PRINCIPLES OF PUBLIC CONTROL IN THE FIELD OF PROTECTION OF INTELLECTUAL PROPERTY OBJECTS

Abstract

Introduction. In the current conditions of transformation of the public administration system in Ukraine, the issue of forming effective approaches to management in the field of protection of intellectual property rights is of particular importance. Changes in the executive system, as well as orientation towards European standards, necessitate a rethinking of the essence and role of the principles of management activity. At the same time, the insufficient level of scientific development of the principles of public administration in this area determines the relevance of the study.

Purpose. The purpose of the article is to study the theoretical foundations and determine the system of principles of management activities in the field of intellectual property, as well as to substantiate their importance for the effective functioning of state control.

Materials and methods. The methodological basis of the study is made up of general scientific and special legal methods, in particular: a systemic approach — for the analysis of intellectual property as an integrated management system; formal-logical method—to determine the essence of the concept of «principle»; a comparative legal method — for comparing scientific approaches and legislative provisions; and a generalization method — for forming the author’s vision of the system of principles. The normative basis is the provisions of the Constitution of Ukraine, legislative and regulatory acts, as well as scientific works of domestic and foreign researchers.

Results. The article determines that the principles of management activity in the field of intellectual property are the basic principles that ensure the effectiveness of state control and the functioning of relevant institutions. The expediency of distinguishing a system of principles is substantiated, including: the rule of law, legality, the priority of human rights and freedoms, democracy, mutual responsibility of the state and the individual, publicity, efficiency, scientificity, planning, and others. It has been proven that these principles are universal in nature and at the same time reflect the specifics of management in the field of intellectual property.

Prospects. It is advisable to direct further scientific research towards developing a clear classification of management principles in the field of intellectual property, their regulatory consolidation, and adaptation to European public administration standards. Particular attention should be paid to practical mechanisms for implementing these principles in the activities of public authorities, which will contribute to increasing the efficiency of state control and ensuring an adequate level of protection of the rights of intellectual property subjects.