СROSS-BORDER PROTECTION OF INTELLECTUAL PROPERTY RIGHTS: EVOLUTION OF REGULATION AND PROBLEMS OF LAW ENFORCEMENT

Abstract

Intellectual property in modern conditions is becoming a powerful factor in sustainable economic growth. In the context of an increase in the share of goods containing an intellectual component, the issues of increasing the efficiency of cross-border protection of intellectual property rights are of particular relevance.

The purpose of the study is the scientific substantiation of the stages and patterns of evolution of the legal regulation of cross-border protection of intellectual property rights, problems and trends in the law enforcement practice of such protection in modern conditions.

The research objectives are as follows:

• highlight the stages and patterns of legal regulation of cross-border protection of intellectual property rights;
• to characterize the processes of formation and regulatory consolidation of the powers of customs authorities in the field of protection of intellectual rights;
• highlight the features of law enforcement practice of cross-border protection of intellectual property rights;
• designate the specifics of the legal status of the right holder in such protection;
• highlight the problem of exhaustion of rights and other problems of modern legal regulation of cross-border movement of goods containing objects of intellectual property.

To achieve the stated goal, the methods of system analysis, synthesis, classification, comparative legal and formal legal methods were used.

The legal regulation of cross-border protection is an area where customs and intellectual property laws intersect. A significant influence of international standards in the field of cross-border protection of intellectual property rights on the formation of domestic legislation in this area during the period of Russia's accession to the World Trade Organization has been revealed. In the conditions of Eurasian economic integration, this normative regulation is unified, including at the level of principles, and the scope of integration regulation is gradually expanding.

Based on the results of the analysis, the problems associated with the registry mechanism for protecting intellectual property rights, the status of the copyright holder, and the principle of exhaustion of rights are highlighted. The solution of the last problem under the conditions of sanctions is aimed at ensuring public interests in the field of creation and use of rights to intellectual property objects.