COOPERATION OF THE EU AND UKRAINE IN THE SPHERE OF INTELLECTUAL PROPERTY: THE KEY ROLE OF THE ASSOCIATION AGREEMENT IN THE ADVANCEMENTS OF NATIONAL LEGISLATION

The article examines the role of the Association Agreement between Ukraine and the European Union (EU) in improving Ukraine's national legislation on intellectual property (IP).Special attention is given to the implementation of Chapter 9 of the Agreement, which regulates copyright protection, trademarks, geographical indications, and other aspects of IP rights.Between 2022 and 2023, Ukraine made significant progress, increasing compliance with the Agreement's provisions to 98%.However, in 2024, the pace of harmonization with the EU acquis slowed, posing new challenges for completing legal adaptation.The article identifies key obstacles hindering the implementation of the Agreement's provisions, including compulsory licensing, piracy prevention, and the protection of performers' rights.The authors emphasize that the effectiveness of Ukraine's IP protection system depends not only on aligning legislation with EU standards but also on proper enforcement.One of the major barriers is the absence of a specialized judicial body for IP disputes.Therefore, the article proposes accelerating the establishment of the High Court on Intellectual Property, which would enhance judicial efficiency in this area.Additionally, the authors stress the importance of translating and applying the rulings of the Court of Justice of the EU in the field of IP, as their integration into national judicial practice will ensure uniform interpretation of EU acquis norms.The article further discusses the need to update specific provisions of the Association Agreement to align them with the latest EU legislative initiatives.The authors highlight the necessity of strengthening Ukraine's cooperation with the EU through communication platforms, which would facilitate experience exchange and the adoption of best practices in the IP sector.Overall, the article underscores that legislative harmonization must be accompanied by effective enforcement and that further cooperation with the EU is essential for the efficient functioning of Ukraine's IP protection system.

Authors

Publication Details

Journal
Juridical scientific and electronic journal
Published
2025-01-01
DOI
https://doi.org/10.32782/2524-0374/2025-2/91
Primary Topic
International Arbitration and Investment Law
Type
article
Field-Weighted Citation Impact
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article

COOPERATION OF THE EU AND UKRAINE IN THE SPHERE OF INTELLECTUAL PROPERTY: THE KEY ROLE OF THE ASSOCIATION AGREEMENT IN THE ADVANCEMENTS OF NATIONAL LEGISLATION

Svitlana KRAVCHUK, Nataliia Kostiuchenko
Juridical scientific and electronic journal
International Arbitration and Investment Law
article

COOPERATION OF THE EU AND UKRAINE IN THE SPHERE OF INTELLECTUAL PROPERTY: THE KEY ROLE OF THE ASSOCIATION AGREEMENT IN THE ADVANCEMENTS OF NATIONAL LEGISLATION

Svitlana KRAVCHUK, Nataliia Kostiuchenko
article en

Abstract

The article examines the role of the Association Agreement between Ukraine and the European Union (EU) in improving Ukraine's national legislation on intellectual property (IP).Special attention is given to the implementation of Chapter 9 of the Agreement, which regulates copyright protection, trademarks, geographical indications, and other aspects of IP rights.Between 2022 and 2023, Ukraine made significant progress, increasing compliance with the Agreement's provisions to 98%.However, in 2024, the pace of harmonization with the EU acquis slowed, posing new challenges for completing legal adaptation.The article identifies key obstacles hindering the implementation of the Agreement's provisions, including compulsory licensing, piracy prevention, and the protection of performers' rights.The authors emphasize that the effectiveness of Ukraine's IP protection system depends not only on aligning legislation with EU standards but also on proper enforcement.One of the major barriers is the absence of a specialized judicial body for IP disputes.Therefore, the article proposes accelerating the establishment of the High Court on Intellectual Property, which would enhance judicial efficiency in this area.Additionally, the authors stress the importance of translating and applying the rulings of the Court of Justice of the EU in the field of IP, as their integration into national judicial practice will ensure uniform interpretation of EU acquis norms.The article further discusses the need to update specific provisions of the Association Agreement to align them with the latest EU legislative initiatives.The authors highlight the necessity of strengthening Ukraine's cooperation with the EU through communication platforms, which would facilitate experience exchange and the adoption of best practices in the IP sector.Overall, the article underscores that legislative harmonization must be accompanied by effective enforcement and that further cooperation with the EU is essential for the efficient functioning of Ukraine's IP protection system.

Juridical scientific and electronic journal(2)
Openalex Percentile: Top 92%
International Arbitration and Investment Law
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