Maidanevych A. Illegal use of intellectual property items: administrative and legal aspect

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0417U000447

Applicant for

Specialization

  • 12.00.07 - Адміністративне право і процес; фінансове право; інформаційне право

16-02-2017

Specialized Academic Board

К 26.004.16

National University of Life and Environmental Sciences of Ukraine

Essay

The Dissertation is devoted to the study of illegal use of intellectual property items. Based on modern methodological approaches, doctrine analysis of theoretical sources of administrative legal science, generalization of norm setting and lawenforcement practice in the field of security and protection of legal rights of owners and legitimate users of intellectual property items, the new definitions are proposed and definitions of a number of administrative and legal categories and concepts are clarified. The research of intellectual property items was conducted, protection of which is carried out by different regulatory legal acts. Taking into account the complexity and specificity of items of administrative and legal protection, with the aim of improving the administrative legislation it is proposed to integrate Chapter 6-1 «Infringement of intellectual property rights or other intentional infringement of intellectual property rights» into the current Code of Ukraine on Administrative Offences, and this chapter should include: articles 51-2, 156-3, 164-3, 164-6, 164-7, 164-9, 164-13 of the Code of Ukraine on Administrative Offences. Based on generalization of norms of the administrative and special legislation, study and analysis of practical matters, the administrative and legal aspect of illegal use of intellectual property items is investigated systematically and comprehensively. The legal content, concept and the essential features of illegal use of intellectual property items are studied. Defined the main shortcomings of administrative responsibility for illegal use of objects of intellectual property rights and reasonably suggests ways to improve the administrative legislation.

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