LEGAL MODE OF THE WEB-PAGE

Abstract

The article examines issues of the legal mode of the web page. The analysis of legal regulation of these relations was done. There were analyzed the Terms of Use of Accounts on Individual Websites and relevant legal practice, which used web pages as evidence in a civil or commercial process. The author has found that the Internet site as an object of intellectual property is a complex phenomenon, which contains elements of different legal institutes of intellectual property rights. The author has determined that the website consists of web pages, and the owner of the website (the registrant) does not always own the web page. It is concluded that the possession of an account, which permits, independently of the owner of a website, to place information on the web page and manage it singly, gives rise to this person's respective rights and obligations. It has been established that a web page can be an evidence in the court procedure. A printout of a web page can be filed in court in the following ways: simpleprintout of a web page; notarized copy of the web page; conducting a review of the evidence by the court with fixation or without fixing the results of such review in the protocols of the court session; providing the court with an expert opinion, which established whether the use of resources and information in the telecommunication system and in what way,whether there was a fact of transferring (receiving) information in the telecommunication system and in what way; an act of reviewing a website with an attachment of site photographs made by a lawyer or patent attorney. It has been proven that fixing content (web page content) can be done by storing it on appropriate media (CDs, DVDs, magnetic disks, etc.), which complements the printout itself from the website. It is substantiated that in order to establish the reliability of the information contained on the printout of a web page, the court can independently (if necessary, use the help of a specialist) to inspect the content of a particular web page, to investigate the information contained therein. It has been established that in accordance with the provisions of the law on the bar, the lawyer can collect information about facts that can be used as evidence under the law. The above information is issued as an act or protocol in which the time of making, the site, the address, the title of the material, the printed (printed) web page and the witnesses, which will indicate the time of making photos and the place of taking photographs, are recorded. It is proved that if a web page contains information that violates intellectual property rights, a video or audio recording of the process of research of such a web site by any interested person can be used as a means of proof.