INTELLECTUAL PROPERTY AS OBJECT OF ADMINISTRATIVE LEGAL PROTECTION

Abstract

The scientific article is devoted to a complex research and definition of intellectual property as about object of administrative legal protection. At stars in communication fast development of means of communication, mechanisms of publicly legal responsibility for violation of intellectual property rights also need modernization that can defined only by judgment of separate intrinsic characteristics of intellectual property through a prism of administrative legal protection. By the author, it established that despite a wide range of application and attempts of interpretation of the political and legal nature of a phenomenon of administrative legal protection, uniform approach or steady the look in science of administrative law is absent. Taking into account the carried-out scientific search, it is noted that administrative legal protection of the relations in the sphere of intellectual property is carried out in the following forms: law-making – adoption of normative legal acts by public authorities concerning regulation of the public relations which arise on possession, use, the order to results of creative activity; law-enforcement – acceptance is administrative – imperious subject of decisions, obligation for performance by the enterprises, institutions, organizations irrespective of form of ownership and also other persons on implementation of state regulation of the relations in the sphere of intellectual property; law-enforcement – protection of the public relations by administrative and other public authorities, possession arising apropos, use, the order to results of creative activity from illegal encroachments and also prevention of offenses under the threat of application of measures of administrative coercion. The conclusion is drawn that the relations in the sphere of intellectual property as object of administrative legal protection can be considered as a complex of the actions which are carried out by authorized subject, directed to settlement and protection of the administrative legal relations arising in the course of implementation and realization of personal non-property and property rights from illegal encroachments and also preventions of offenses under the threat of application of measures of administrative coercion. Besides, it is proved that the principles of administrative and legal regulation find the reflection and in the relations in the sphere of intellectual property.