Kochyna O. Procedure for pecuniary (non-property) damage in violation of copyright and related rights in Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0417U003977

Applicant for

Specialization

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

19-10-2017

Specialized Academic Board

Д 26.500.01

Academician F. H. Burchak Scientific Research Institute of Ргіvаtе Law and Entrepreneurship of National Academy of Law Sciences of Ukraine

Essay

This dissertation is the first complex research of problems applying institution of moral damages for copyright and related rights as a way of protecting relevant subjects of intellectual property rights. The author highlights the main stages of formation and development of the institution of moral harm as a way of protection of copyright and related rights, proposed the concept of moral damage in the field of copyright and related rights, formulated the concept violations of copyright and related rights, proved regulations on the possibility of establishing the presumption of moral damages of violation of copyright and related rights,, argued the possibility of compensation for moral (non-property) damage caused by infringements of copyright and related rights, in non material cash; the method of calculating the amount of compensation for moral (non-property) damage caused by infringements of copyright and related rights, proved the possibility of moral (non-property) damages for any breach of copyright and related rights.

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