PUBLIC-LEGAL DISPUTE IN THE SPHERE OF INTELLECTUAL PROPERTY: THE GROUNDS AND CONDITIONS OF ARISING

Abstract

The article is devoted to the definition of the concept of public-legal dispute in the field of intellectual property, taking into account the specifics of administrative and legal protection of rights in this field. To this end, the rules of procedural law relating to the definition of a public law dispute, the practice of their application, and the relevant doctrinal provisions on the legal protection of intellectual property rights are analyzed. The suitability of certain categories of such disputes to the jurisdiction of administrative courts is substantiated.
 The author draws attention to the fact that although the concept of "basis" and "condition" of a public-law dispute are not synonymous, it is impossible to deny that they have a large number of common features. In legal literature, the term "foundation" has become widespread, first of all, to indicate the grounds for the emergence of legal relationships. Moreover, there are two sides to this concept: material and legal basis. The legal basis includes, in particular, legal fact and the existence of a rule of law.
 It was also determined that the condition should be distinguished from the cause which necessarily produces a certain consequence - the legal conflict between the parties to the public-legal relations is at the heart of the public-legal dispute. From a general point of view, conflict is understood as a clash of opposing interests and views, tension and extreme aggravation of contradictions, which leads to active actions, complications, struggles, accompanied by complex conflicts.
 It is noted that in the case of a particular dispute, a direct condition for the emergence of public-law disputes is the conflict of not just legislative provisions, and in this case the fundamental rights of persons and the corresponding binding norms obliging the subjects of power to enter into conflict. to the administrative court for the exercise of their specific powers.