Social and Legal Studios

The structure of the administrative and legal mechanism of protection of intellectual property rights is examined. The structure includes the following basic elements: legal norms, legal relations, acts of implementation of the rule of law, and supplementary, which include acts of interpretation of the rule of law, legal consciousness, regime of law and order in the field of creation and use of intellectual objects. Legal rules that ensure the functioning of the mechanism form a complex system. Regulatory provision of the mechanism is characterized by its complex nature, which involves the use of the regulatory provisions of the legislation on intellectual property. Intellectual property law includes rule of law governing the formation and circulation of intellectual property rights. In the system of rule of law, as a structural element of the mechanism under consideration, we can distinguish separate groups of rules, which differ depending on the sphere of regulation. Another element of the structure is the administrative legal relationship, which must meet two conditions: the use of intellectual property rights and the protection of rights. Only the presence of these conditions indicates that these legal relationships are an element of the administrative and legal mechanism for the protection of intellectual rights. In addition to the main parties to the relationship within the mechanism under consideration, they involve supplementary entities. Two ways to implement the rules of administrative law are singled out. The first is the use, enforcement, observance of legal orders by participants of administrative relations, and the second is based on the application of law in the exercise of public authority