Administrative responsibility in the system of state provision of protection of an individual’s intellectual property rights

Abstract

The article examines the peculiarities of the functioning of the institute of administrative responsibility as an important element of the system of state-legal protection of intellectual property rights as a separate group of homogeneous relations, the objects of which are the results of intellectual, creative activity of a person. A group of uniform normative legal acts regulating the studied relations is identified: the Constitution of Ukraine, codes and laws of Ukraine, Decrees of the President of Ukraine, resolutions and orders of the Cabinet of Ministers of Ukraine, standards in the field of intellectual property, departmental normative legal acts, international treaties and agreements. It has been established that in our country it is expedient to continue improving the system of regulatory and legal support for the protection of intellectual property, and such a system itself should be aimed at reorienting the administrative and legal activities of executive authorities to increase the transparency of the decision-making process regarding bringing offenders to administrative responsibility, which will become effective as a means of ensuring the lawful activity of individuals and legal entities in the field of protection of intellectual property rights. It is proposed to establish the category “administrative responsibility for violation of legislation in the field of intellectual property” as an implementation of an administrative-legal sanction, which is manifested in the application by the court to a guilty person who has committed an administrative offense in the field of intellectual property, the punishment provided for by the Code of Ukraine on administrative offenses and other by legislative acts, in accordance with the procedure defined by law. The prospects of further research in this area are defined as theoretical improvement of legislation and practical regulation of the functioning of the specified institute as a means of state protection of intellectual property rights of individuals.