Problems of intellectual property rights protection in the digital environment

The purpose of the study was to conduct a comprehensive analysis of the problems of legal protection of intellectual property in Ukraine’s digital en- vironment and to propose ways to improve the national legal system. The research was based on comparative and systemic analysis methods, within which national legislation, case law, statistical data, and international experience were examined. The study revealed a significant gap between Ukraine’s progressive legislative framework – harmonised with European standards – and the extremely low efficiency of its practical implementation. It was established that pirated content dominates the Ukrainian digital market, exceeding the legal segment many times over, while the level of legal response remains minimal, as evidenced by the small number of court verdicts in copyright infringement cases. The main institutional obstacle was identified as the absence of a specialised High Court for Intellectual Property, which leads to inconsistent case law, pro- cedural delays, and a low level of trust in the justice system. The analysis of judicial practice showed that, although courts apply the principles of the presumption of authorship and proportionality when determining compensation, the process remains lengthy and complex. Ukraine continues to lag signifi- cantly behind leading international practices in areas such as online platform liability, pre-trial dispute resolution, and the fight against cross-border infringements. The results of the study can be applied in legislative activities aimed at further improving national legislation in the field of intellectual property. The formulated recommendations may also serve as a basis for the effective implementation of the Strategy for the Digital Development of Innovative Activity of Ukraine and the modernisation of law enforcement practice

Authors

Publication Details

Journal
Law Human Environment
Published
2025-11-27
DOI
https://doi.org/10.31548/law/4.2025.135
Primary Topic
Legal, Health, Environmental and COVID-19 Challenges
Type
article
Field-Weighted Citation Impact
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article

Problems of intellectual property rights protection in the digital environment

Oksana Burlak, Iryna Petrovska, Liubomyr Zinych, Nataliia Polishko et al.
Law Human Environment
Legal, Health, Environmental and COVID-19 Challenges
article

Problems of intellectual property rights protection in the digital environment

Oksana Burlak, Iryna Petrovska, Liubomyr Zinych, Nataliia Polishko, Viktoriia Mazur
article en

Abstract

The purpose of the study was to conduct a comprehensive analysis of the problems of legal protection of intellectual property in Ukraine’s digital en- vironment and to propose ways to improve the national legal system. The research was based on comparative and systemic analysis methods, within which national legislation, case law, statistical data, and international experience were examined. The study revealed a significant gap between Ukraine’s progressive legislative framework – harmonised with European standards – and the extremely low efficiency of its practical implementation. It was established that pirated content dominates the Ukrainian digital market, exceeding the legal segment many times over, while the level of legal response remains minimal, as evidenced by the small number of court verdicts in copyright infringement cases. The main institutional obstacle was identified as the absence of a specialised High Court for Intellectual Property, which leads to inconsistent case law, pro- cedural delays, and a low level of trust in the justice system. The analysis of judicial practice showed that, although courts apply the principles of the presumption of authorship and proportionality when determining compensation, the process remains lengthy and complex. Ukraine continues to lag signifi- cantly behind leading international practices in areas such as online platform liability, pre-trial dispute resolution, and the fight against cross-border infringements. The results of the study can be applied in legislative activities aimed at further improving national legislation in the field of intellectual property. The formulated recommendations may also serve as a basis for the effective implementation of the Strategy for the Digital Development of Innovative Activity of Ukraine and the modernisation of law enforcement practice

Law Human EnvironmentVol. 16(4)
Peace, Justice and strong institutions
Openalex Percentile: Top 23%
Legal, Health, Environmental and COVID-19 Challenges
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