SEPARATE ISSUES OF IMPROVING THE SYSTEM OF LEGISLATION IN THE FIELD OF COPYRIGHT PROTECTION IN THE INTERNET NETWORK

Abstract

In the article, a comprehensive study of the essence and current state of regulatory regulation of copyright protection on the Internet is carried out, as well as the development of proposals on the basis of these studies to improve the legal system in the field of copyright protection on the Internet. The obtained conclusions and proposals can be used to improve the quality of legal protection of copyright and to improve the effectiveness of state policy in this area. It is also considered necessary to take into account the proposals of the United States to improve the situation in the field of copyright: replace unlicensed software in public institutions with licensed products; regulate the activities of the collective management organization so that the collection and distribution of royalties to rights holders are more transparent.
It was determined that in the countries of the European Union, the process of implementing the provisions of the Copyright Directive on the single digital market continues. To date, 11 member states have fully implemented the provisions of the Directive into national legislation, and one more country has partially implemented it. France's experience in this process allows us to say that with the modern development of technologies, when they are flexible to changes, laws do not keep up with such changes, and therefore, without prescribing them without taking into account such possibilities, the effectiveness of the law may be low. Germany has reflected the provisions of the Directive in its legislation, taking into account the risks of restricting freedom of speech and, in our opinion, Germany's view of the provisions of the Directive is currently the most acceptable.
We propose to improve the national system of law enforcement in the field of copyright protection on the Internet:
1) complete the procedure for termination of infringement of copyright and related rights on the Internet by eliminating the conflict between its norms and the principle of automatic protection;
2) introduce the "John Doe concept" into Ukrainian procedural legislation;
3) to develop the institute of state inspectors on intellectual property issues in order to establish a state system for the protection of intellectual property rights in Ukraine;
4) continue the activity of the cyber police to identify and close sites with content that violates the AP, as well as bring violators to justice;
5) to develop a Strategy for the transformation of normative and legal regulation in the field of copyright protection on the Internet.

Keywords: intellectual property, copyright, norms of procedural "John Doe", digital intellectual property.