АДМІНІСТРАТИВНА ВІДПОВІДАЛЬНІСТЬ ЗА ПРАВОПОРУШЕННЯ У СФЕРІ ІНТЕЛЕКТУАЛЬНОЇ ВЛАСНОСТІ

Keywords: intellectual property, legitimate interest, offenses, guilt, administrative liability, sanction, proceedings in cases of administrative offenses

Abstract

The Constitution of Ukraine explicitly emphasizes that intellectual property is protected by law. This definition is used in the Basic Law in the form of a designation of protected human and civil rights to the results of creative activity. The importance of this institution of law is reflected in the fact that according to the Constitution of Ukraine, public authorities are responsible for the legal regulation of intellectual property. The existing legal provisions related to intellectual property are one-sided, which has caused controversy in the scientific community and different interpretations of these legal categories.

The article considers theoretical and practical aspects of administrative liability for intellectual property offenses, characterizes the current state of affairs in the field of intellectual property protection. The main means of study are the dialectical method, comparative legal approach, analysis and synthesis. It is noted that the situation is due to the fact that the phenomenon of intellectual property is quite new for legal science and legal practice. Despite the differences and imperfections of some regulations, the state is obliged to protect the rights, benefits and interests of individuals and legal entities by all current means defined in the laws governing certain types of intellectual property. Among them, an important place is occupied by measures of administrative responsibility. This is due to the efficiency, simplified procedure for imposing and imposing sanctions.

It is proposed to optimally change the content of a number of legislative conditions aimed at specifying and strengthening the measures of administrative responsibility in the administrative and legal norms enshrined in the Code of Administrative Offenses. At the present stage of development of society and the state it is impossible to ensure high-quality and effective protection of intellectual property without effective administrative and legal influence.

Published
2020-12-30
How to Cite
Ковалів, М. (2020). АДМІНІСТРАТИВНА ВІДПОВІДАЛЬНІСТЬ ЗА ПРАВОПОРУШЕННЯ У СФЕРІ ІНТЕЛЕКТУАЛЬНОЇ ВЛАСНОСТІ. Scientific Notes of Lviv University of Business and Law, 27, 142-148. Retrieved from https://nzlubp.org.ua/index.php/journal/article/view/355
Section
Series: Law

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