ResearchBib Share Your Research, Maximize Your Social Impacts
Sign for Notice Everyday Sign up >> Login

ADMINISTRATIVE RESPONSIBILITY IN THE FIELD OF INTELLECTUAL PROPERTY: APPROACHES TO UNDERSTANDING AND FEATURE

Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 80)

Publication Date:

Authors : ; ;

Page : 11-15

Keywords : administrative responsibility; the sphere of intellectual property; intellectual property rights; administrative offense; measures of administrative responsibility; administrative sanctions;

Source : Downloadexternal Find it from : Google Scholarexternal

Abstract

Introduction. Interest in the specifics of administrative liability for intellectual property rights violations in Ukraine at the current stage of the development of legal science is not decreasing, since research in this area, given the growing number of violations of intellectual property rights, the existence of a number of factors that complicate the effective application of administrative liability measures in the field under consideration, has a need of rethinking of the conceptual foundations of legal understanding and the search for an effective legal toolkit, with the help of which effective influence on relevant social relations will be carried out, taking into account the needs and interests of the individual, society and the state. Purpose. The purpose of the article is to investigate the theoretical and practical aspects of administrative responsibility in the field of intellectual property based on the analysis of the works of Ukrainian scientists devoted to the problematics of the development and functioning of the institution of administrative responsibility, the provision of a mechanism for combating misdemeanours, the norms of current legislation. Materials and methods. The research materials are the legislative regulation of relations in the field of intellectual property, the work of domestic legal scholars who researched the issue of administrative offenses and administrative responsibility. In the process of carrying out the research, a set of general and special methods of scientific knowledge were used: dialectical, complex, structural-functional, theoretical generalization and grouping, analysis and synthesis, logical generalization of results. Results. Theoretical and practical aspects of administrative responsibility in the field of intellectual property are investigated in the article, based on the analysis of the works of Ukrainian scientists, devoted to the development and functioning of the institution of administrative responsibility and the provision of a mechanism for combating misconduct and of the norms of current legislation. The analysis of the works of scientists devoted to the study of the problems of administrative responsibility for the violation of intellectual property rights and the provision of a mechanism for countering the offense allows us to assert that it is considered within the scope of the “sanction concept”, within the scope of the concept of “responsibility — reprehension”, in the objective (the concept of “responsibility — legal relations”) and subjective (the concept of “responsibility — obligation”) meanings, as well as one of the core means of administrative coercion.

Last modified: 2024-12-18 05:14:39