This article analyzes the specific theoretical and legislative aspects of the value of precedent in the area of intellectual property law in the United States and court practice in Ukraine. The features of the different legal concepts that were the basis for the protection of intellectual creative activity, in particular, concepts of copyright and droit d’auteur. It analyzes the copyright in the United States, which is considered traditionally and predominantly as a specific form of property, which the author can create, and which can be used for commercial purposes, as well as how — or other property, from the point of view of American law, is also in the final goal — the improvement of public welfare and increased economic value. Attention is given to Ukraine, which is a country of continental legal tradition and more accepted the concept of droit d’auteur, according to which the copyright is considered on two levels: as a one that protects the contents of the property ownership; and embodying the concept of natural law (the product s an extension of the author’s personality), guards his moral rights. Since the concept of droit d’auteur was embodied in the Berne Convention, the United States, as a country that is a party, was forced to soften its stance and bring the legislation to the legislation of the countries of continental Europe. It is stated that the legal protection of intellectual property has created a global system in the world, and Ukraine, as well as the United States, developed in this direction, adapting to the demands of the international community. We investigate the significant experience of protection and enforcement of intellectual property rights in the United States, first of all, the property rights of intellectual property, the advantages and disadvantages of the system of case law in the protection of these rights, it is proved that the intellectual property rights — an area in which the court practice, initially played an important role, no matter what the system does not apply the country. Attention is paid to domestic trends — more clearly traced the process of strengthening the role and importance of judicial law-making in recent years. It argued the conclusion that in terms of harmonization of our national legislation with EU law in Ukraine has increased and strengthened role of the Supreme Court, which analyzes and uses the experience in solving many cases, including in the field of intellectual property.