Intellectual property law in the context of open access: challenges and opportunities for Ukrainian universities

Abstract:  This paper examines the challenges and opportunities related to intellectual property (IP) rights in the context of open access in Ukrainian universities. The importance of open access to scientific research lies in promoting sustainable development by fostering innovation and disseminating knowledge. This aligns with the European Union's Sustainable Development Goals (SDGs), particularly SDG 4 (Quality Education), SDG 9 (Industry, Innovation, and Infrastructure), and SDG 17 (Partnerships for the Goals). The paper analyzes how Ukrainian universities can support the development of open access while maintaining the protection of intellectual property and taking into account international legal standards and best practices. The advancement of open access initiatives, exemplified by the Budapest and Berlin Declarations, underscores the global commitment to freely disseminating scientific research. Ukrainian universities actively embrace these principles, showcasing their research through conferences and establishing technoparks to foster innovation. Collaboration with industry clusters, like the Kyiv and Kharkiv IT Clusters, enhances the innovation ecosystem. Leading Ukrainian universities, such as Taras Shevchenko National University and Lviv Polytechnic National University, contribute significantly to scientific progress. However, challenges persist, notably in patent maintenance due to issues like non-payment of fees. Despite hurdles, these initiatives bolster the confidence of Ukrainian researchers and improve access to scientific information. By leveraging open access platforms and fostering innovation ecosystems, Ukrainian universities propel the nation's scientific and technical prowess, enhancing global competitiveness. In conclusion, the initiatives undertaken by Ukrainian universities to embrace open access principles and foster innovation demonstrate their commitment to advancing scientific research and contributing to global knowledge exchange. Despite challenges, such as patent maintenance issues, these universities play a pivotal role in enhancing Ukraine's scientific and technical capabilities.