THE CIVILISTIC BASIS IN FORMING THE SUBJECT OF THE INTELLECTUAL PROPERTY LAW

The defi nition’s features of intellectual property law have been analized in the article. Intellectual property rights are seen as the exclusive and absolute rights and made their characteristic features. In the jurisprudence has spread the idea of the possibility of existenсe nearly the main traditional branches of law (civil, administrative, etc), procedural areas of law (civil procedure, criminal procedure) and specifi c areas of law (labor, land, fi nancial) of so-called complex areas of law with signs of secondary structures in the legal system. They are specialized for regulating certain relations on the basis of the existing sectoral legal relations. These secondary legal subsystems are making rational and more effective mechanizm in the legal regulation of heterogeneous social relations that occur in a particular sphere of production or other activities, including among creative professions. The author concludes that the subject of intellectual property law is concluded property and moral relations between participations of relations of copyright, neighboring rights, patent and other rights and their use. The subject of intellectual property law is broader than the subject of civil law, if some nonmaterial objects of copyright and patent law to include in the subject of intellectual property law. Analyzing the state of science intellectual property rights of the relationship between the object and the method in their interconnectivity and interdependence, we can assume that intellectual property using all kinds of existing right techniques and methods inherent and other branches of law, distinguished features that are specifi c to own method. This evidence jointly with the subject of intellectual property law separates a group of public relations in a single complex phenomenon ? law.