Kachurovskyi V. V. Personal non-property rights in the system of intellectual property rights. Qualification scientific work on the rights of manuscript.
The dissertation for the scientific degree of Candidate of Science of Law (Doctor of Philosophy) on specialty 12.00.03 – Civil Law and Civil Process; Family Law; International Private Law. Scientific-Research Institute of Intellectual Property of National Academy of Law Sciences of Ukraine, Kyiv, 2019.
The paper elaborates the scientific-theoretical foundations and practical recommendations on the improvement of the national system of legal protection of personal non-property intellectual property rights, the improvement of mechanisms for the protection of various types of personal non-property intellectual property rights. The categorical and conceptual apparatus in this field has been clarified and supplemented, in particular in the laws governing the legal relations in copyright.
The historical development of legal protection of personal non-property intellectual property rights and the concept of personal non-property intellectual property rights are analyzed. This analysis made it possible to determine the place of personal non-property intellectual property rights not only in the system of intellectual property rights, but also in the system of personal non-property rights of an individual. The features of personal non-proprietary intellectual property rights are highlighted. On the basis of the established features, the definition of the concept of personal non-property intellectual property rights, defined as absolute, inalienable, non-transferable subjective rights arising under the law in connection with the creation of the work and its use by the society, aimed at the protection of spiritual individuality, intellectual the uniqueness of the creator. Such rights cannot be inherited, and their validity is limited by the life of the creator.
In the course of the study the peculiarities of the significance and realization of personal non-property intellectual property rights were formulated. Particular attention was paid to the analysis of the system of personal non-pecuniary interests, which over time may be enshrined as rights. The criterion for establishing individual personal non-proprietary rights of the creator should be the need to ensure the protection of the creator and his work in relation to the external environment, and not in the author's relations with their work and their own desires. The study of the system of personal non-property interests made it possible to form an author's classification of personal non-property intellectual property rights. The experience of foreign countries on the classification of personal non-property intellectual property rights, as well as the position enshrined in international normative legal documents on the issue of classification, is analyzed. Jurisdictional and non-jurisdictional forms of protection of personal non-property intellectual property rights have been investigated. The jurisdictional form of protection of rights envisages the activities of state-authorized bodies to protect the infringed intellectual property rights or the rights being challenged. Special attention is paid to the investigation of non-jurisdictional form of protection of personal non-property intellectual property rights - termination of violations of personal non-property intellectual property right. Jurisdictional and non-jurisdictional forms of protection of personal non-property intellectual property rights have been investigated. The jurisdictional form of protection of rights envisages the activities of state-authorized bodies to protect the infringed intellectual property rights or the rights being challenged. Self-defense is a non-jurisdictional form of protection. Self-defense is defined as the use by a person of counter-measures that are not prohibited by law and do not contravene the moral principles of society. Certain aspects of the application of civil remedies corresponding to the nature of personal non-proprietary intellectual property rights have been investigated, such as the recognition of a right, the restoration of a pre-infringement situation, the termination of infringing or threatening infringement, and compensation for non-pecuniary damage.
The conclusions and proposals formulated in the dissertation can be used for further scientific-theoretical and applied research and development of current problems of personal non-proprietary intellectual property rights, for improving the existing ones and as a basis for further development of new legislation in this field, for ensuring the proper implementation of this legislation, legal rules in the field of protection and protection of personal non-property
