Borders of administrative and criminal responsibilities for offenses in the field of law intellectual property

Abstract

The article is devoted to the study of the delimitation of administrative and criminal liability for infringements in the field of intellectual property rights. The current issues of implementation of these types of responsibilities depending on the legislative approach to the reflection of the relevant provisions in regulations are highlighted. The analysis of dispositions and sanctions of separate administrative offenses and criminal offenses in the field of the intellectual property rights is carried out. Theoretical generalization of differences between administrative and criminal liability for infringements in the field of intellectual property rights on the basis of the main features of legal liability with coverage of current theoretical and practical problems and identify areas for their solution. The shortcomings of practical application of administrative and criminal liability for these offenses are identified and the imperfection of domestic legislation in the absence of systematization of offenses against intellectual property rights, both within the administrative and criminal legislation of Ukraine. The article also summarizes the differences between administrative and criminal liability for infringements in the field of intellectual property rights on the basis of the main features of legal liability with covering of current theoretical and practical problems and identifying specific areas for their solution. The analysis of the current state of realization of legal responsibility in the field of protection of intellectual property rights is also carried out, taking into account their peculiarities and substantiation of directions for elimination of existing shortcomings. It is substantiated that from the practical point of view, legal protection of intellectual property in Ukraine requires a comprehensive transformation of administrative and criminal liability in the direction of developing an effective procedural mechanism for their implementation, eliminating shortcomings and inconsistencies in current legislation of Ukraine. Strengthening of criminal responsibility for criminal offenses in the field of intellectual property rights is proposed, emphasis is placed on the need to establish an independent institute of criminal law protection of intellectual property in Ukraine.