Види контрафакції у сфері промислової власності та їх класифікація

Abstract

The article is devoted to the study and classification of types of counterfeiting in the field of intentional property. With the development and improvement of relations in the field of industrial property protection, at the same time such a negative phenomenon as counterfeiting unfolds, its new manifestations and methods of implementation appear. The purpose of the article is to develop a classification of types of counterfeiting in the field of industrial property. Classification of illegal actions, determination of the type of counterfeiting, including the type of imitation of goods, as well as preparation for illegal actions, is central to the prevention of counterfeiting and the use of appropriate counteractions and the use of effective means of preventing and stopping counterfeiting in the field of industrial property. As a result of the study, the types of counterfeiting in the field of industrial property can be classified according to the following criteria. 1. By object: types of counterfeiting are classified depending on the types of industrial property: counterfeiting in the field of objects of patent law (invention, utility model, industrial design); counterfeiting in the field of means of individualization (trademark, geographical indication, trade name); counterfeiting in relation to non-traditional objects of industrial property (plant varieties, animal breeds, trade secrets and others). 2. From the objective side of counterfeiting: counterfeit actions are ungrouped into general and special. General actions include manufacture (use) of a product (product) and / or provision of services using a certain object of industrial property; offering for sale, including via the Internet; sale; import – import into the customs territory of Ukraine; export – export outside the customs territory of Ukraine; storage. Special actions will depend on the specifics of the industrial property. 3. From the volume of distortion (imitation) of the goods and deception of the consumer can be divided into: counterfeit forgery (full or partial); counterfeit imitation; complex counterfeiting; gray (parallel) import. In addition, considering the degree of consumer delusion: non-deceptive and deceptive counterfeiting. 4. On the grounds of protection against counterfeiting: violation of the law, violation of the terms of the contract.