The dissertation is dedicated to research of criminal law protection of objects of intellectual property rights. The author describes the intellectual property rights in broad and narrow meanings, identifies the essential features of intellectual property rights, reveals the features of criminal law protection of objects of intellectual property rights, as well as the features of the mechanism of damage to objects of intellectual property rights. The dissertation provides a general description of criminal law that protects the objects of intellectual property rights, conducted an in-depth analysis of objective and subjective features of encroachments on objects of intellectual property rights, provides a number of proposals to improve criminal law taking into account the conducted research; the main problems of qualification and differentiation of crimes that encroach on the objects of intellectual property rights among themselves and with other crimes, the features of distinguishing crimes that encroach on the objects of intellectual property rights from other offenses; measures of criminal law nature for crimes encroaching on objects of intellectual property rights, which are applied within the criminal liability of a person, as well as outside the criminal liability of a person. The author has developed a number of recommendations for improving criminal law, which will solve the problems of law enforcement practice and increase the effectiveness of criminal law.
The different nature of the objects of intellectual property law, taken under criminal law protection, is reproduced in the criminal law in the following aspects: features of the subject of encroachment; special victim and a set of subjective rights to the protected object of intellectual property rights; features of the act, which may cause negative changes in the components of the object of criminal protection.
The allocation of criminal law that establishes liability for encroachment on objects of intellectual property rights, within a four-level system (general level; generic level; specific level; special level) allows to distinguish crimes that encroach on objects of intellectual property rights for signs of the act relating to the components of criminal law protection, which correspond to the components of the relevant type of object of intellectual property rights.
The study of the objective features of the corpus delicti of these crimes allows us to conclude that it is inexpedient to allocate crimes that encroach on the objects of intellectual property rights in a separate section of the Criminal Code of Ukraine. It has been established that at the level of generic objects, these actions encroach on various social values. At the level of specific objects, the grouping of crimes provided for in Articles 176 and 177 (Section V of the Special Part of the Criminal Code of Ukraine), as well as in Articles 229, 231, 232, 232-1 and 232-2 (Section VII of the Special Part of the Criminal Code of Ukraine) seems reasonable. ), which generally corresponds to the division (classification) of intellectual property rights into the results of intellectual creativity and information resources. At the level of direct objects, structural features and other characteristics of specific objects of intellectual property rights have revealed a stable relationship between these characteristics and possible types of criminal influence on protected objects of intellectual property rights, according to which the legislative constructions of criminal law provide their criminal protection: 1) in respect of objects of intellectual property rights, defined in Articles 176, 177, 229 of the Criminal Code, the legislative structure "illegal actions with objects of intellectual property rights or other violation of the right to them, if it caused appropriate socially dangerous consequences "; 2) in relation to the objects of intellectual property rights defined in Articles 231, 232, 232-1, 232-2 of the Criminal Code – legislative constructions related to ensuring the criminal legal prohibition of illegal acquisition, use, loss of information, violation of their integrity. The definition of physical, social and legal characteristics of intellectual property rights as objects of crime confirmed the validity of this approach of the legislator to build criminal law.
