The dissertation is the first research in Ukrainian legal science, which formed the scientific concept of providing a mechanism for protecting civil rights and interests of natural person violated as a result of the use of intellectual property rights.
As a result of the study of the stages of creativity and life cycle of the object of intellectual property rights, it was concluded that the rights and interests of natural person may be violated at the stage of acquiring rights on the object of intellectual property rights, i.e. from the moment of registration of the object of intellectual property rights, or, in the case where registration is not mandatory, from the moment of creation or publication of the work, because the process of creative activity is not subject to legal regulation (except in some cases, for example, photo, video, film and television fixation of a person – Articles 307, 308 of the Civil Code of Ukraine).
Due to the intangible nature of the objects of intellectual property rights, in case of violation of the rights and interests of a natural person while the use of these objects in court may be filed a set of claims:
- on the termination of the use of the object of intellectual property, which violates the rights and interests of a natural person, by the creator or the person who owns the property rights of intellectual property;
- on the termination of the stay in civil circulation of specific copies, which embody the object of intellectual property rights (in particular, their seizure and destruction);
- on the prohibition of issuing permits for the use of intellectual property rights, i.e. termination of concluded agreements on the use of intellectual property;
- on the prohibition of granting permission in the future for the use of the object of intellectual property rights, the prohibition of its use by the author or the right holder;
- on the prohibition of committing in the future by a certain person actions that infringe intellectual property rights.
The position is substantiated, according to which the distinction between the concepts of «protection» and «protection» of intellectual property rights and interests should be made on the grounds that protection is provided to objects of intellectual property rights, and protection – rights and interests violated by the use of objects of law. intellectual property.
It was formulated definitions of the concepts of civil law protection of intellectual property rights and interests and civil law mechanism for protection of rights and interests of individuals violated as a result of the use of intellectual property rights. Civil law protection of intellectual property rights and interests is a measure of possible conduct of a person provided by law in order to stop the violation of personal non-property and property rights of intellectual property and interests, as well as the restoration of violated, unrecognized or disputed rights or interests by person independently or by applying to the relevant competent authorities. Civil law mechanism of protection of rights and interests of natural person violated by the use of intellectual property, is a set of civil law means by which the influence is exercised on the relationship arising from the violation of the rights and interests of natural person on works in order to protect them.
It is determined that civil law methods of protection of intellectual property have a complex procedural and substantive nature, with the help of which the infringed intellectual property right is recognized and restored by compensation for moral (non-pecuniary) damage, compensation for material damage, recovery of income, payment of compensation.
Development of the digital society prerequisites for reviewing the issue of expanding the range of subjects of intellectual property rights. As a result of the study of the participation of artificial intelligence in intellectual property relations, the relevant conclusions were made about the possibility of future recognition of artificial intelligence as the subject of intellectual property. Machines that are able to develop and improve their abilities through learning (a process in which artificial intelligence can recognize and understand information and data under or without human supervision) may be granted a patent as the main purpose of intellectual property law is to protect and defend new works that benefit the society.
