Baadzhi N. Indemnification for the damage caused due to illegal use of copyright.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0410U003911

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

05-06-2010

Specialized Academic Board

Д 41.086.03

National University «Odessa Law Academy»

Essay

The thesis researches and grounds theoretical and practical principles of indemnification for the damage caused due to illegal use of copyright. The research work studies property and non-property copyright due to illegal use of which the owners of copyright suffer damage. The work substantiates the need for a broader specification of copyright and the necessity to vest a right for withdrawal. The research defines the conception of illegal use of copyright and determines its characteristics. The author suggests a classification of breaches of copyright various criteria being taken into account. The thesis considers certain instances of illegal use of copyright under contractual and non-contractual obligations which are causes for indemnification. The breaches of contractual obligations inherent in all civil legal contracts and the breaches typical for contracts on disposal of property rights for the objects of copyright are defined. The research work analyzes the following instances of illegal use of copyright: plagiarism, piracy and counterfeiting, importation and exportation of objects of copyright and related rights in the customs area. The thesis defines general and special categories to be taken into account in the process of evaluation of property and non-property damage caused due to illegal use of copyright. On the basis of the research, the author brings forward certain definite suggestions as to improvement of current copyright legislation.

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