Визначення меж захисту авторських і патентних прав: загальні зауваження

Abstract

The article includes analysis of issues related to the problem of determining the boundaries of copyright and patent rights.The author points out that the protection of intellectual property rights (including copyright and patent) can be seen in broad and narrow sense: 1) a system of measures (at the international and national level) aimed at combating violations of these rights; as actions aimed at protection of rights of a particular individual.Civil legal ways to protect copyright and patent rights are statutory material and legal measures of coercion through which the recognition or restoration of rights and interests of these rights violations cease, and the impact on property offenders.From ways to protect copyright and patent rights should be distinguished limits protect these rights, which are understood boundaries of the persons and bodies carrying out specified protection. As the criteria for determining the boundaries of copyright and patent rights may be considered: the time frame protection; the subjective part, that the range of persons entitled to protection, and the people who carry it; object, object protection.The boundaries of copyright and patent rights can also define the principles of legal protection - for national treatment, most favored more. Of great importance is defining the boundaries of legislative protection, within which there is protection; setting territorial boundaries and the formulation of the principles of international legal protection of copyright or patent law. Protection of copyright and patent rights in most cases carry the relevant authorities, as boundaries protecting these rights should be set based on the fact that he carried the bodies.Exploring the limits of procedural aspects of copyright protection of inventions, industrial designs, etc. for their violation, must decide on civil jurisdiction delimitation of economic, administrative criminal. Substantiates the conclusion that in this respect it is important to establish the functional limits of defense, in order to avoid duplication, mixing functions of various agencies engaged in defense.