Modern administrative and legal model of assistance from the customs authorities of Ukraine to the defence and protection of intellectual property rights when moving goods across the customs border

Abstract

The purpose of the article. To analyze the administrative and legal status of the customs authorities of Ukraine in the system of subjects of assistance for the defence and protection of intellectual property rights when moving goods across the customs border. Methods. The methodological basis of the study is a comparative method that allows us to consider the most effective approaches to the protection of intellectual property rights at the customs border. In the course of the research, we also used historical and legal, systemic and structural, structural and functional methods, the method of ascent from the abstract to the concrete. The study determined the administrative and legal status of the customs authorities of Ukraine as subjects of assistance to the defence and protection of rights to intellectual property. The analysis of the powers granted to the customs authorities to promote the protection of intellectual property rights during the import and export of goods, and also made proposals for improving the methodological support for customs control over goods containing objects of intellectual property rights. The principles of interaction of the customs authorities of Ukraine with the subjects of assistance to the defence and protection of intellectual property rights of general, industry and special competence are considered. The article describes the problems of legal, personnel and material and technical support, as well as organizational activities and interaction of customs authorities with other subjects of assistance in the defense and protection of intellectual property rights. Conclusions. The conclusion is made about the directions of assistance in the protection of intellectual property rights, which are protected in accordance with the legislation of Ukraine. The features of customs control and customs clearance of goods containing objects of intellectual property rights protected in accordance with the law and imported into the customs territory of Ukraine or exported from the customs territory of Ukraine are studied, carried out in a general manner, taking into account the specifics established by the Customs Code of Ukraine and other laws of Ukraine. The problematic issues of the algorithm of intradepartmental relationships within the organizational structure of customs authorities as subjects of public administration in the field of intellectual property are highlighted. The problematic aspects of the organizational and legal mechanism for promoting the defence and protection of intellectual property rights by the customs authorities of Ukraine are analyzed. The ways of improving the administrative and legal status of the customs authorities of Ukraine as subjects of assistance to the defence and protection of intellectual property rights of special competence are proposed.