Problems of identifying subjective features of administrative offenses in the field of intellectual property

Abstract

The article deals with the problems of identifying subjective signs of an administrative offense in the field of intellectual property. It is determined that all structures of administrative offenses in the field of intellectual property are characterized by common subjective features (set of relevant entities (directly and the person who committed the offense) and subjective side (internal side of administrative offenses that covers the mental attitude of a person to the public the harmful act which it commits and its consequences). The subject of the administrative offense in the field of intellectual property is analyzed. The existing objective conditions of administrative liability of a legal entity for administrative offenses in the field of intellectual property are considered. The characteristic of the subjective side of the administrative offense in the field of intellectual property is given. It is emphasized that the subjective party to the administrative offenses in the field of intellectual property has mandatory and optional features. A mandatory feature of the subjective side of administrative offenses is wine. Optional features of the subjective side of administrative offenses in the field of intellectual property are the motive and purpose of the perpetrator. It has been established that in most cases the purpose of administrative offenses in the field of intellectual property coincides with its motives, although it sometimes takes on an independent meaning. It is proved that the administrative offenses in the field of intellectual property are committed solely for selfish reasons, and the purpose of the offense as the final result to which the offender seeks to commit this act is gain, illicit enrichment, public recognition, etc. Proposed ways to improve administrative responsibility for intellectual property offenses. The necessity of systematization of the national legislation on administrative responsibility for offenses in the field of intellectual property is emphasized. The necessity of adaptation of domestic legal acts in the field of intellectual property to the corresponding acts of the European Union, regulatory regulation of the problem of utilization of intellectual property objects, creation of a regulatory framework for the protection of intellectual property in the military and technical sphere are argued.