European Cooperation (Jul 2018)
SOCIAL AND ECONOMICAL FEATURES OF CRIMINAL AND LEGAL PROTECTION OF OBJECTS OF INTELLECTUAL PROPERTY RIGHTS UNDER THE CRIMINAL CODE OF UKRAINE
Abstract
The article analyzes the provisions of the criminal and regulatory legislation, by means of which the peculiarities of the criminal law protection of objects of intellectual property rights were determined. It has been established that objects of intellectual property rights occupy a special place in public life. This is due to the fact that intellectual property relations are manifested in all spheres of social life, in particular in the social, mental, economic and political spheres. In the economic sphere intellectual property relations acquire material and economic content and are mainly manifested in the concrete processes of human activity (labor) in relation to the creation and subsequent use of the relevant objects as a commodity. In the political (state) sphere, intellectual property relations reflect the combination of public (private) and state (public) interest. Their occurrence is associated with the creation of the result of intellectual, creative activity or other object, which has an objective (material) form and which embodies new knowledge. The analysis of criminal and regulatory legislation made it possible to conclude that the following social values are the object of criminal law protection: 1) victims (subjects of intellectual property rights, namely, the creators of objects of intellectual property rights, as well as other persons who belong to the objects and / or who can grant permission to use the object and / or prohibit its use); 2) the rights, freedoms and interests of the subjects of intellectual property right concerning the object of intellectual property; 3) social relations existing between the subjects of intellectual property right, as well as other persons, and are based on the procedure established by the legislation (proper) for the introduction into circulation and use of intellectual property rights objects, as well as the implementation of any other competencies regarding the object of intellectual property rights, in the course of which the property and non-property interests of participants in intellectual property rights, public and state interests are met; 4) immaterialized and materialized goods, which include objects of intellectual property rights.
