Specifics Of Copyright Of Ukraine In The Field Of Architectural And Urban Planning

  • N.I. Leshchak
Keywords: intellectual property law, copyright, architecture, urban planning, architectural activity, town - planning activity, legal regulation of architectural activity, legal regulation of town - planning activity, copyright in architectural activity, copyright in town - planning activity.

Abstract

In this scientific article a comprehensive legal study of the levels of legal consolidation of intellectual property rights and copyright in particular at different levels of legal regulation under the laws of Ukraine.

The author of the article emphasizes that the issue of a comprehensive approach to solving the problem of legal consolidation, implementation and protection of copyright on objects of intellectual creativity in the field of architectural activities at different levels of legal regulation remains unresolved.

According to the author, the legislative regulation of copyright on objects of architectural activity is carried out at the following levels of legal regulation: 1) general legal (constitutional and legal) level, which is provided by Art. 54 of the Constitution of Ukraine; 2) sectoral level - is provided at the level of Book IV of the Civil Code of Ukraine, at the level of the civil law branch; 3) sub-sectoral level - provided at the level of the Law of Ukraine «On Copyright and Related Rights» (at the level of such a sub-branch of civil law as intellectual property rights); 4) institutional level - is provided at the level of the institute of legal regulation of architectural activity.

That is why the author believes that the legal regulation and protection of copyright in the field of architectural activities is provided on the basis of a comprehensive approach that combines constitutional law, civil law, intellectual property law and the rules of legal regulation of architectural activity. Only if they are used comprehensively can we talk about effective support for the implementation and protection of copyright in this area.

One of the main directions of scientific research in this area is the problem of the current state and prospects of further codification of Ukrainian legislation on architectural and urban planning, an integral element of which should be intellectual property rights (including copyright) in this sphere. We believe that this issue in the concept of a new codified act in this area should be a separate section or subsection aimed at harmonizing the civil and architectural legislation of Ukraine in terms of intellectual property rights to architectural and urban planning activities.

Published
2020-02-28