Repeatency as a qualifying feature of crimes affecting the objects of intellectual property rights

Abstract

The article reveals the peculiarities of repeatency as a qualifying feature of crimes affecting the objects of intellectual property rights. The analysis made it possible to conclude that the repetition of socially dangerous encroachments on objects of intellectual property rights takes place in the case of: a) committing certain socially dangerous acts on the same object of intellectual property rights two or more times (for example, repeated illegal publication of the same work after the sale of the previous edition); b) committing certain socially dangerous acts on different objects of intellectual property rights, which are defined in the same article (part of article) of the Criminal Code, two or more times (for example, committing illegal reproduction of one work, and then committing illegal reproduction of another work); c) committing two or more different separate socially dangerous acts (actions whose objective side is different) in relation to the objects (object) of intellectual property rights, which are defined (which is defined) in the same article (part of article) of the Criminal Code (for example, illegal reproduction of the work and its illegal distribution). The conclusion is that presence or absence of a sign of repeated encroachments on the objects of in-tellectual property rights depends on the following factors: 1) the number of committed socially dangerous acts; 2) the number of objects of intellectual property rights that are negatively (criminally) affected. At the same time, the infringement of several objects of intellectual property rights does not always indicate the recurrence of crimes. For example, encroachment on an object of related rights, which simultaneously results not only in violation of the holder's right to the object of related rights (audiovisual work), but also in violation of the rights of the author of the text and / or musical work. However, several people (copyright and related rights) are affected by this event.