SCIENTIFIC ISSUES OF CIVIL LEGAL PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

Abstract

The scientific article is devoted to the study of the legal aspects of civilprotection of intellectual property rights. The basic methods of civil protection, as universal methods of protection, are revealed through the prism of protecting the violated right to the results of intellectual activity. The main attention is paid to the study of special ways to protect intellectual property rights, which are embodied in the relevantregulatory acts regulating relations in the field of intellectual property. It is indicated that the use of universal civil law methods of protecting violated intellectual property rights. as well as special protection methods, it complies with the principle of civil disposition, and also expands the possibilities of civil law protection of the correspondingright, including i intellectual property rights. In this scientific article, theauthor also pays attention to the issue of determining the criteria for judicial discretion in the application of defense methods that are not directly provided for by the law in the administration of justice, including in cases concerning the protection of intellectual property rights. Based on the analysis, it is proposed to amend the EIC and CPC of Ukraine to consolidate the general criteria for the application of the civil defense method by the court, it did not go to the level of law (analogy of law). The author reveals from a scientific point of view, such a method of civil protection as self-defense in the context of subjective protection of intellectual property rights. It indicates the widespread use of modern digital technologies to protect the subjective violated right to an intellectual product. This legal approach is fully correlated with existing international acts on the regulation of relations in the field of intellectual property, in particular with EU directives. This approach also finds practical support from the subjects of the infringed intellectual property rights, in particular through the use of social networks. The author points out that modern digital technologies are increasingly playing an important role in the legal protection of private law. And mean intellectual property rights. Based on the analysis carried out in this scientific article, a theoretical definition of the legal concept was formulated, which means methods of civil protection of intellectual property rights.