О.П. Світличний




A. P. SVETLICHNYJ, doctor of legal sciences, professor

National University of life and environmental Sciences of Ukraine


Abstract. The article is devoted to individual methods of administrative activity in the sphere of protection of rights to intellectual property. Based on the analysis of management activities disclosed characteristic features of the method so public control in the sphere of intellectual property.

Keywords: management activities, methods, public management, management of intellectual property.


In terms of building a democratic legal state, in recent times scientific improvements often, and in some cases rightly criticize the role of administrative law in administrative activity, introducing changes regarding consistent democratization of administrative law. At the same time, administrative practices are objectively necessary for the management of the economy, they will continue to play a leading role in management activities. It is through a close relationship of administrative and economic methods of management is implemented powerfully organizing effect on managed objects of intellectual property, and therefore economic methods cannot be implemented in the management activities without methods of administrative-legal regulation.

The purpose of this publication is the disclosure of methods of management activity with a view to their practical implementation by the Executive bodies in management and protection of intellectual property rights.

The analysis of practical activities of bodies of management of intellectual property indicates that under the influence of changes in the system of Executive power, i.e. the legal status of many managed objects gradually changing understanding of governance practices, including in the management of the protection of intellectual property. The transition to a market economy has a significant influence on modern management of intellectual property and is manifested not only in the form of power and administrative influence, as in the forms of regulation, which include the licensing of entities providing administrative services in the field of intellectual property relations and the like. Therefore, scientific theoretical and methodological study of the methods, the understanding of their impact on the results of management decisions in the sphere of protection of intellectual property rights is relevant.

In legal science distinguish the following types of administrative methods, such as: persuasion, encouragement, supervision, regulation, coercion and others. However, in the system of methods of state administration bodies, the Central place is occupied by methods of persuasion and coercion. The belief in management of intellectual property is a major method of activity of the state. The main forms of persuasion of the state in management is the systematic legal advocacy for the shaping of public opinion, the belief of citizens in the reasonableness and necessity of protection of personal non-property and property rights of subjects of intellectual property rights belonging to them intellectual property rights. Development and implementation of the recommendations on the organization and improvement of informed awareness and encouraging methods should aim at developing citizens ' understanding of the need to protect the results of intellectual creative activity. This principle is reflected in the Constitution of Ukraine.

Methods of state management of intellectual property are the means for practical implementation by public authorities and their officials powerfully organizing effect on managed objects in accordance with the powers granted to them. At the same time, for complete disclosure of the nature and character of activity of the modern state in management of intellectual property requires research and analysis of management functions, which will provide an opportunity to fulfill the goals and objectives of management. Hence, the nature of the tasks associated with management of protection of intellectual property rights affects the content of management functions.

Повний текст:




Svitlychnyi, O.P. (2016). Pravo intelektualnoi vlasnosti [Intellectual property rights]. Kyiv, Ukraine: NULES of Ukraine, 355.

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