Суб’єкти правовідносин, які беруть участь у переміщенні через митний кордон України товарів, що містять об’єкти права інтелектуальної власності.

Abstract

The article is devoted to the study of the range of subjects of legal relations involved in the movement of goods that contain objects of intellectual property right through the customs border of Ukraine. The legal nature of relations that arise when moving goods containing objects of intellectual property rights is characterized. The basic classification of subjects of legal relations existing in the theory of law is analyzed. We propose our own classification of subjects of legal relations involved in moving goods through the customs border of Ukraine containing objects of intellectual property rights , dividing them into 2 groups. The first group includes entities that provide protection and protection of intellectual property rights at the customs border, endowed with powers of state power, and in the second – the entities that directly participate in the transported goods containing objects of intellectual property rights and they are not endowed with powers of state power. It is proposed to subjects that provide protection and protection of intellectual property rights at the customs border endowed with state power authorities by the customs authorities, the state expert and the court, and to the subjects that take direct part in the relations when moving across the customs border of Ukraine goods containing objects of intellectual property rights and not endowed with powers of state authority – the right holder (his representative); declarant; the owner of the goods, the carrier (the person who moves the goods with signs of violation of intellectual property rights).