ПРИНЦИПИ ОБМЕЖЕНЬ ПРАВ У СИСТЕМІ ПРИНЦИПІВ ІНТЕЛЕКТУАЛЬНОЇ ВЛАСНОСТІ

Abstract

Currently, the key factor in the development of society, its socio-economic infrastructure is primarily intelligence, the results of which allow relevant actors (creators of creative intellectual products, as well as legitimate rights holders) to take the lead in competitive economic struggle, and with it states where there are conditions for the realization of intellectual, scientific, technical and creative potential in general. Today, transformation processes are taking place in Ukraine, which are reflected in almost all spheres of life. Since law is a superstructure over the economic foundation of society, it contains the basic laws of development of the state and society, which is reflected in the principles. Principles of law help to eliminate contradictions between individual regulations and improve the quality of legislation, thereby ensuring the effectiveness of regulation of relations. Ukraine's integration into the world market and into the European community necessitates the harmonization of national legislation in the field of intellectual property in accordance with the principles and standards contained in international agreements. Despite the fact that the study of principles in the legal literature is given enough attention, the principles of intellectual property law are poorly understood. The study of the concept and principles of intellectual property is conditioned by the need to guarantee the protection and defense of personal property and non-property rights of its subjects. According to Part 3 of Art.418 of the Civil Code of Ukraine: “Intellectual property rights are inviolable. No one may be deprived of intellectual property rights or restricted in their exercise, except in cases provided by law "[1]. These provisions are in line with basic international principles in the field of protection of intellectual property rights. However, the law clearly defines the cases when such rights may be limited. The purpose of the article is to explore the basic principles of restriction of intellectual property rights, their role in the implementation of intellectual property rights.