The dissertation is devoted to the complex study of procedural features of consideration of disputes on infringement of intellectual property rights on sites on the Internet, which have both theoretical and practical value, both for scientific researches and prospects of further improvement of the legislation, first of all. on the Internet. In this regard, the presented dissertation examines the problem from the procedural point of view, in aspects insufficiently studied by modern domestic science, including: issues of justice, procedural features of evidence in this category of cases, court decision criteria and their implementation.
The analysis of literary resources showed that the current Ukrainian legislation does not contain the necessary rules that could clearly reflect the features of the Internet and the peculiarities of the relations that arise in the process of use. The lack of legislation to regulate these relations leads to disputes, problems and conflicts.
Knowledge of the peculiarities of relationships on the Internet should be rationally applied in the process of studying the characteristics and features of Internet conflicts. Currently, the interpretation of the category of disputes "on infringement of intellectual property rights" on the Internet is defined in such a way that it can be separated from all other definitions of the term "dispute".
It is analysed that the characteristic feature of such a dispute is that the object of the dispute is intellectual property. Intellectual property is manifested by limiting the effect of the principle of dispositiveness, transforming it into the principle of imperative. Intellectual property is a factor influencing jurisdiction for this type of dispute.
The study of the essence of the dispute and the legal nature of infringement of intellectual property rights on Internet sites showed that it is appropriate to consider analysing the concepts as "dispute", "legal dispute", "dispute about the law" and its structural elements: subjects, object and base.
Based on the analysis of current legislation and case law, the concept of "dispute over infringement of intellectual property rights on Internet sites" was introduced as the existence between the subjects who own intellectual property rights or claim the acquisition of property rights, conflict over possession, use, disposal of actual or presumed subjective rights and legitimate intellectual property interests directly related to the use of the Internet, and other entities, and are aimed at protecting both property and non-property rights by settling in the manner prescribed by law by an authorized jurisdiction, ie the court.
It was found that the formation of disputes over infringement of intellectual property rights on the Internet is due to specific grounds and reasons, which are objective and subjective negative factors, as well as legal facts, the importance of which may decrease in preventive measures.
The analysis of the case law revealed a number of procedural problems related to evidence and proof in cases concerning intellectual property rights on the Internet. The most optimal ways of their elimination in pre-trial and judicial order are offered. Troubleshooting is done using an algorithm to capture actual data from the website. This process should take into account the provisions of the current Commercial Code of Ukraine, in particular Chapter 5 "Evidence and proof" of Section1.
The need to introduce the institute of sociological research in order to develop and adopt a special law, methods, determination of authoritative organizations that would have the right to conduct sociological research, the results of which were made in the form of sociological examination, as its results have a real impact on the case in turn due to the fact that they provide the court with additional facts that can be relied on in making a decision.
