Analysis of contemporary requirements for industrial design protection under new intellectual property legislation
Oleksandra Yavorska · Uzhhorod National University Herald Series Law · 2024
The relevance of industrial design protection has significantly increased in light of rapid technological advancements and the globalization of markets. The importance of this research is underscored by the growing number of industrial design rights infringements, highlighting the need for improved legal approaches to ensure the effective protection of intellectual property. It is noted that the development of efficient and robust legal frameworks, which facilitate access to innovative technologies while safeguarding interests, enables the promotion of fair competition. Consequently, the need to adapt national legislation to international standards, such as the TRIPS Agreement and the Hague Agreement, shapes the key directions of legal reforms in the field of intellectual property. The objective of this study is to analyze the current requirements for industrial design protection in the context of new intellectual property legislation. Special attention is given to the harmonization of national legal norms with international standards, referencing relevant provisions from the current legislation of Ukraine. The research also addresses the balance between the rights of developers and public interests to avoid monopolization of related solutions. The study employs comparative analysis and legal research methods, which allowed for a detailed examination of the current legislation of Ukraine and the European Union in the context of modern trends in industrial design protection. The findings confirm the need for further legislative improvements, particularly in the areas of simplifying registration procedures and strengthening mechanisms for combating rights violations. The conclusions emphasize that future changes should focus on the flexibility of the industrial design protection system, ensuring a balance between private rights holders and public interests, as well as adaptability to the challenges of modern markets and technological progress. It is important to establish legislation that protects the rights of copyright holders and promotes the development of an innovative environment and fair competition.