Концептуальнi засади адмiнiстративної вiдповiдальностi за порушення законодавства у сферi iнтелектуальної власностi в Українi

Abstract

The conceptual bases of administrative liability for intellectual property legislation offence are revealed in the article. The existing legislative base providing administrative and legal protection of intellectual property in Ukraine is analyzed. Subjects of administrative and legal protection of intellectual property in Ukraine are defined. The competence of subjects of intellectual property administrative and legal protection is analyzed. Specific features of intellectual property as a subject of administrative and legal protection are characterized. It is concluded that these features must be taken into account. The basis for administrative liability in the intellectual property sphere has been determined. The offence of an administrative violation in the intellectual property sphere is considered. Its objective (object and objective aspect) and subjective (subject and mental element) aspects are singled out. Characteristics of an administrative offence features in the intellectual property sphere are given, such as public harm, wrongfulness, guilt and punishability. The subject matter of an administrative offence in the intellectual property sphere has been determined. The author suggests ways to improve the administrative and legal liability for offenses in the sphere of intellectual property. Measures are proposed to strengthen coherency and coordination of the activities of entities engaged in administrative and legal protection of intellectual property in Ukraine. It is proposed to focus on preventive work with a view to preventing administrative legislation offence in the intellectual property sphere.