Social and Legal Studios

Abstract

The article is devoted to the definition of administrative responsibility in the sphere of intellectual property of Ukraine. Administrative responsibility in the field of protection of intellectual property rights plays a significant role and performs important tasks for ensuring the rules of law and order in the sphere of regulation of administrative and legal relations. In spite of the considerable amount of scientific research in this field, there is an urgent need to adopt legislative and enforcement measures to create a coherent and effective system of protection of intellectual property, an important place in which administrative responsibility is taken as one of the elements of state influence for the prevention and termination of public danger, actions and punishments of perpetrators for committing administrative offenses in the field of protection of intellectual property rights in Ukraine. The administrative and legal regulation of intellectual property rights in Ukraine is considered. It is established that the stages of the proceedings on the committed administrative offenses in the mentioned area are: 1) preparation for the case; 2) consideration of the case on the merits; 3) decision making and execution of the case; 4) announcement of the decision on the case. It is established that the main procedural document in the case of an administrative offense is a protocol. The protocol must include: the object of the offense; the subject of the infringed intellectual property rights; identified illegal actions; what are the requirements of the subject for termination of the offense or compensation for losses; what documents confirm it; whether the entity recognizes the victim as a result of the offense and which persons have been delegated the right to use the intellectual property object. A number of persons who have the right to draw up reports on administrative offenses in the specified field are considered: the bodies of the internal affairs (National Police); bodies of the Antimonopoly Committee of Ukraine; cinematographic management bodies; state intellectual property inspectors; state agricultural inspectors. The administrative offense case is considered at the place of committing illegal acts within fifteen days from the day the court receives the protocol on the administrative offense and other case files

Keywords: intellectual property, legislation, administrative responsibility, offenses, proceedings, protocol, court

Suggested citation