Отдельные вопросы правового регулирования размещения объектов интеллектуальной собственности в сети Интернет: проблемные аспекты и поиск путей решения

Abstract

We provide a legal description of the problems that arise as a result of the placement of intellectual property objects on the Internet, mediated violations of the rights of legitimate copyright holders. The purpose of the study: to conduct a legal analysis (legal characteristics and analysis of judicial practice) of problematic issues of regulating the placement of intellectual property objects on the Internet. We point out that the legal protection of intellectual property subjects is possible through the implementation of criminal law and civil law measures adapted to the existing objective realities in cyberspace. We carry out a characterization of the subject composition of copyright holders and subjects of responsibility, cases from judicial practice are given. In addition, we consider pre-trial ways to resolve disputes between authors of works and owners of Internet resources. The study is based on formal legal and comparative legal methods, which have found their application in the legal analysis of the problems of protecting audiovisual works on the Internet. As a conclusion, we express the need for more effective, efficient protection of this institution of law at the present stage of its development by optimizing the criminal law and civil law means of protecting the institution of intellectual property law and the legitimate interests of copyright holders.