Особливості захисту авторських прав в умовах воєнного стану в Україні

The article provides a detailed analysis of copyright as a key institute of civil law that regulates relations related to the creation and use of works. The unique characteristics of copyright that distinguish it from other branches of intellectual property are examined. It is emphasized that copyright arises automatically upon the creation of a work, reflecting its special nature. Key reforms in Ukrainian legislation aimed at harmonization with European standards are analyzed, particularly the new Law of Ukraine «On Copyright and Related Rights,» which addresses modern challenges of the digital age and ensures effective protection of authors’ rights during martial law. Special attention is given to the protection of copyright under martial law introduced due to the aggression of the Russian Federation. It is noted that even in the most challenging periods, copyright remains strategically important for the country’s development. The prevention of violations and the maintenance of stability in this area are crucial for preserving the country’s economic potential. The conditions of martial law have increased risks to copyright due to factors such as rising conflicts, political unpredictability, and changes in governance. The article highlights that even under martial law, Ukrpatent, performing the functions of the National Intellectual Property Authority, continues to operate, ensuring the uninterrupted functioning of the state system for the legal protection of intellectual property. Since November 8, 2022, the functions of the National Intellectual Property Authority have been carried out by the Ukrainian National Office of Intellectual Property and Innovation, whose activities are critical for fostering innovation and development in the country, especially in the challenging conditions of martial law. Jurisdictional and non-jurisdictional forms of copyright protection are examined, as well as their relevance in wartime conditions, when a significant amount of historically valuable content emerges and requires legal protection.