Межі діяльності Апеляційної палати Національного органу інтелектуальної власності в механізмі охорони та захисту прав інтелектуальної власності
The Limits of the Activities of the Appeals Chamber of the National Intellectual Property Authority’s in the Mechanism of Protection and Enforcement of Intellectual Property Rights

Summary/Abstract: The relevance of the study lies in the fact that the article focuses on the analysis of the Appeals Chamber of the National Intellectual Property Authority’s (NIPA) activities within the mechanism of protecting and enforcing intellectual property rights. The author draws attention to the fact that the activities of the Appeals Chamber of the NIPA are carried out at various stages and sub-stages of the mechanism for protecting and enforcing intellectual property rights. In the work, taking into account the theoretical and methodological components, attention is drawn to the fact that the mechanism for the protection and enforcement of intellectual property rights has its own components that define different groups of legal relations in which the Appeals Chamber of the NIPA participates. The purpose of the article is to outline the activities of the Appeals Chamber of the NIPA through the prism of the components of the mechanism for the protection and enforcement of intellectual property rights, taking into account scientific achievements and regulatory acts. In terms of methodology, the article is based on an analysis of foreign doctrine, national views, and legislation covering the doctrine of the mechanism for the protection and enforcement of intellectual property rights. The research is based on the following general and specific methods of scientific and legal cognition: formal-logical, generalisation, linguistic analysis, and comparative law. The methods presented make it possible to objectively and comprehensively outline the main features of the activities of the Appeals Chamber of the NIPA in the mechanism for protecting and defending intellectual property rights. Based on the results of the study, it was concluded that in the mechanism for protecting and defending intellectual property rights, the functioning of the Appeals Chamber of the NIPA cannot be considered in terms of the differentiation of two components: the component of preventive protection of intellectual property rights and the component of defence of intellectual property rights. This is due to the existence of stages in the mechanism for protecting and defending intellectual property rights, within which the protection and defence of intellectual property rights are implemented dynamically. This indicates the promise of further research on this topic.

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