Civil legal method of protection of intellectual property rights

Authors

  • Oleksandr Svitlychnyy National University of Life and Environmental Sciences of Ukraine image/svg+xml
  • O.M. Korotun Judge of the Northern Commercial Court of Appeal ,

DOI:

https://doi.org/10.31548/law2021.02.010

Abstract

The article draws attention to the specifics of protection of intellectual property rights in Ukraine by civil and special legislation, the rules of which are designed to protect the subjective rights of right holders and other participants in legal relations in the field of intellectual property. Some aspects of the legal nature of jurisdictional remedies are studied.

Attention is paid to the specifics of protection of intellectual property rights by civil law, which consists primarily in the methods of protection provided by procedural law. The legislation, the norms of which guarantee the protection of intellectual property and the ways of protection of civil rights are outlined. The existing in the legal literature different views on the classification of methods of protection of property rights are analyzed. The legal analysis of the application of the vindication claim as a means of protection of intellectual property rights is carried out and the author's proposals are formulated.

Keywords: civil law, intellectual property, lawsuit, protection

References

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Kleiman, A.F. (1967). The latest trends in Soviet civil scienceprocedural law. Moskva, 119 (in Russian).

Stefan, M.J. (2001). Civil proceedings. Kyiv: In Jure, 696 (in Ukrainian).

Dzera, О.В. & Kuznetsova, N.S. (2002). Civil law of Ukraine: Textbook: In 2 books.. Book 1. Kyiv: Jurinkom Inter. 383 (in Ukrainian).

Drobiazko, V.S. & Drobiazko, R.V. (2004). Intellectual property law: Teaching. manual. Kyiv: Jurinkom Inter. 512 (in Ukrainian).

Shevchenko, Y.M., Venetskaya, M.V. & Kucherenko, I.M. (2002). Problems improving the legal regulation of private property rights: Monograph. Kyiv, 487 (in Ukrainian).

Pidoprigory, O.A. & Bobrova, D.V. (2002). Civil law. The general part. Kyiv, 656 (in Ukrainian).

Dzera, I.O. (2001). Civil remedies for property rights in Ukraine. Кyiv: Jurinkom Inter, 255 (in Ukrainian).

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Published

2021-09-22

Issue

Vol. 12 No. 2 (2021)

Section

Civil law and civil process

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