Chichka R. Protection of rights of intellectual property subjects in civil law of Ukraine.

The dissertation is devoted to civil and legal protection of intellectual property in the following cycle: creative activity and protection of rights to its freedom - intellectual property right -reproduction of creative personality. The perspective direction of protecting rights of intellectual property subjects has been grounded. The right to creative activity and its consequences, means of protection, rights and duties of creators in this process have been researched. The conception of phantom passive capacity, that is rights of a non-existent subject (unborn or deceased), defined by law, has been elaborated. The principal conceptions of intellectual property rights have been analyzed, their main defects have been determined. The author has made up the theory of exclusive property right and the theory of compromises. The classification of subjects of intellectual property rights, the peculiarities of their legal status, an object of legal protection, its main direction, means and forms have been developed. The author of the dissertation has substantiated the thesis that the author and performer's personality can influence the price of intellectual commodity. Protection of intellectual property should be afforded not for ensuring statics of the relations but for subjective rights and legal interests of legal subjects. The comparative analysis of protecting intellectual property rights has been made and the main directions and means of their observing in national law have been defined. The author has proved that victims themselves should afford protection of infringed intellectual property rights, but the state should render assistance to them. The specific proposals on the conceptual idea and enhancement of legislation in this sphere, the principal doctrines as for integrating and adapting Ukrainian legislation to this of EU countries have been elaborated. The author supports the idea of creating a single positive mechanism of protecting intellectual property rights.