Shtefan O. Civil Procedural Order of the Defense of Subjective Copyright

The dissertation is a complex, systematic monographic research of the defence of copyright in order of action procedure in courts of general jurisdiction. On the basis of the analysis of the modern doctrine of copyright and civil procedural doctrine, international and national legislation, the practice of its application, the topical issues of this problem are considered. The author made conclusions and proposals aimed at further development of both the theory and legislative regulation of defense of infringed copyrights. The issues of the correlation between the concepts of "defense" and "protection" of copyright from the standpoint of substantive and procedural law, subjective and objective law, and the criteria for their differentiation are determined. The content of subjective copyright, the conditions and preconditions for its origin are disclosed. Considerable attention is given to the determination of the essence, conditions and civil procedural order for the exercising of the right to sue for the defense of copyright. The peculiarities of the subject structure of the parties participating in the action proceedings filed in this category of cases are revealed. Facts which are not subjects to proof are determined. Peculiarities of the means of proof in this category of cases, including those affiliated with plagiarism, piracy, counterfeiting, and infringement of the author's rights on the Internet are revealed.