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Journal: International Journal of Management (IJM) (Vol.11, No. 7)

Publication Date:

Authors : ; ; ; ; ;

Page : 938-952

Keywords : special criminological principles; intellectual property; crime prevention; national intellectual property system; protection of intellectual property rights;

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The purpose of this article is to study and systematize the provisions on special criminological principles of crime prevention in the field of intellectual property. The study used general and special methods of legal science. The method of analysis and synthesis was used to conduct a complete and comprehensive study of the criminological characteristics of crime in the field of intellectual property. The logical-semantic method was used to study the current legislation governing the prevention of this type of crime, to establish the meaning of basic concepts and analysis of the main manifestations of crime in the field of intellectual property. The comparative method was used to study the deterministic complex of crime in the field of intellectual property and the system of prevention of this phenomenon. The method of legal modeling is used to compare the provisions of the legislation of Ukraine with the relevant provisions of the legislation of other states and international legal acts. Based on the results of the study, the authors state that at the special criminological level of crime prevention, the legal response to criminal offenses in the field of intellectual property almost always occurs simultaneously, without separating from each other, according to the algorithm: preventing and responding. At the same time, the response to criminal offenses in the field of intellectual property is mainly directed not at the actual committed, but at potentially possible criminal offenses. The authors argue that a necessary condition for the effective protection of intellectual property rights is the creation of a single platform for all bodies involved in the protection of intellectual property rights, which will operate in a closed mode. International experience shows that alternative dispute resolution such as arbitration and mediation, have a number of advantages over litigation: discretion, confidentiality and speed of dispute resolution. The authors conclude that in order to improve the mechanism of special criminological counteraction to intellectual property crime, it is necessary to modernize the national intellectual property system: improving the legal framework, improving the institutional framework and infrastructure, and conducting comprehensive educational work with users of this system. The article proves that an important element of improving the special criminological mechanism for the prevention of intellectual property crime is the IP specialization of a judge, which becomes the main prerequisite for obtaining a quality, properly motivated court decision

Last modified: 2021-01-26 16:21:02