Benedysіuk I. M. The mechanism of protection of intellectual property rights: civil law aspects. – Qualifying scientific paper as a manuscript.
Thesis for the degree of Сandidate of Juridical Science (Doctor of Philosophy) in the specialty 12.00.03 – civil law and civil process; family law; private international law. (081 – Law). – Scientific-research Institute of Intellectual Property, National Academy of Law Sciences of Ukraine, Kyiv, 2021.
The dissertation is intended to research the doctrinal provisions of science of civil law, national and international legislation and law enforcement in the field of protection of intellectual property rights and, based on this, the development of integral, systematic approach to understanding the mechanism of protection of intellectual property rights in its civil aspects as well as elaboration of proposals aimed at improving the current legislation of Ukraine in the researched area. The study consistently reveals the general approaches to understanding the concept of protection of intellectual property rights; particular aspects of law employment are analyzed in the course of protection of the rights of intellectual property; the essence of the mechanism of protection of intellectual property rights is defined and its methodological background is disclosed. Civil law measures, procedures and means of protection of intellectual property rights are investigated; position of judicial and customs authorities, in the process of implementation of the mechanism of protection of intellectual property rights in Ukraine, is determined. Given the European vector of Ukraine's development, the experience of the European Union in improving the protection of intellectual property rights is overviewed, the importance of the Association Agreement between Ukraine and the EU in improving the mechanism of protection of intellectual property rights in Ukraine is highlighted.
The given research proposes the author's vision of the concept "mechanism of protection of intellectual property rights". It means the relationship between the subject (owner) of intellectual property rights in its power to guarantee, ensure and exercise the subjective right to protect the legal rights and interests, and the state authority (in particular, the Court), which is carried out in the procedural regime of law enforcement in order to protect the subjective right of intellectual property. There is a direct interdependence of the effectiveness of the mechanism of protection of intellectual property rights on the quality of legal regulation and existence of a promptly-responding law enforcement system, which tends to meet the criteria of reliability, proportionality and fairness. It’s vital because only within such a system, the civil law measures, procedures and means of protection of intellectual property rights (as part of the mechanism of protection of rights) are really able to be most effectively applied by subjects of civil law in protecting the hazarded intellectual property rights or legitimate interests. They are implemented based on principles of good faith, proportionality, fairness, efficiency and containment, which is in line with the approaches enshrined in the TRIPS Agreement and the Association Agreement between Ukraine and the EU.
