International and domestic experience of intellectual property legal protection on the Internet and separate methods of police crimes detection in this area

Abstract

The history of the development of international legislation and the conclusion of international treaties regarding the protection of intellectual property, starting with the Berne Convention on the Protection of Literary and Artistic Works, was considered. The World Convention on Copyright, the Agreement on Trade Aspects of Intellectual Property Rights, and the Copyright Agreement of the World Intellectual Property Organization were analyzed. An attempt to sign an Anti-Counterfeiting Trade Agreement was tracked. The history of the adoption of laws on the protection of intellectual property in the USA “On Combating Online Piracy” (SOPA) and “On Prevention of Real Network Threats to Economic Creativity and Theft of Intellectual Property” (PIPA) was studied.

The legal framework of the EU regarding the protection of intellectual property rights on the Internet, in particular Directive No. 2019/789 of the European Parliament and the Council dated April 17, 2019, which establishes the application of the provisions of copyright and related rights to individual online broadcasts of broadcasting organizations and retransmissions of radio and television programs, and Directive No. 2019/790 of the European Parliament and the Council dated April 17, 2019 on copyright and related rights in the single digital market were concidered. The legislative framework of Ukraine aimed at protecting intellectual property rights and preventing illegal distribution of media content was analyzed, in particular the Laws of Ukraine “On Copyright and Related Rights” and “On State Support of Cinematography”. Forms of illegal distribution of media content are defined. An analysis of telecommunication means on the Internet identification methods during forensic telecommunications examination was carried out. The methods used now were considered, and their main shortcomings were described. Alternative methods of identification were proposed.