However, after the adoption of the Civil Code of Ukraine in 2003, in which the subject of civil legal regulation identified those property relations based on legal equality, free expression of will, property independence of their participants, the main criterion for establishing the branch affiliation of relations is not the subject, but the method legal regulation. It is not objectionable that the civil law as a private right is characterized by: recognition of the priority of the interests of an individual (private) person; legal equality of participants in relations; Initiative of the parties in establishing legal relations; free discretion in choosing behaviors that are not explicitly prohibited by law; the procedure for the protection of the interests of the subjects in court. At the same time, in resolving the problems of legal provision of intellectual property, many factors and interests often overlap. Primarily, this is the interests of authors, creators. This should include the interests of entrepreneurs who use the results of intellectual activity to generate profits. This is also the interests of the state, which in the above relations, on the one hand, acts as a guarantor of the law, and on the other - as their immediate participant. And the interests of norm-makers, who are often the opposite. It should be borne in mind that there are also directly objective phenomena, since "law is a phenomenon from the world of objective realities"
Therefore, the very issue of the place and status of norms in the field of intellectual property in the system of law becomes of a rather fundamental nature. The theory of intellectual property is guided by the fact that the source of the right to a specific result of creative activity is the relevant rule of law defining the first rightholder, or the clause of the agreement between the participants in the creation of such a result(4,20). Each subsequent owner of the intellectual property must provide a documentary proof of entitlement. Accordingly, intellectual property management involves tracking the legal grounds for recognizing specific results of creative activity by intellectual property.
It is desirable to understand that the reason for most violations of intellectual property rights is economic and lies in its very essence, that is, in the monopoly of this right. If the monopolist is the rightful owner, since it is he and only he has the right to a specific object of intellectual property, and it is he who owns the right to use such an object, he has the opportunity to pursue price policy, including monopoly to set the inflated prices, and not rarely not only on the object of intellectual property, but also on the product in which such an object is embodied.
In turn, intellectual property offenders, when selling counterfeit goods, are trying to get bigger profits as a result of dumping pricing policies. Offenders, while reducing the price of counterfeit products and increasing production, may receive additional revenues, and the right holders do not have this opportunity. Therefore, measures of legal liability - both civil, administrative, and criminal - can not give positive effects, provided that this does not take into account the effect of economic laws.
And it is not bad now that more and more often there are the thoughts that intellectual property can act as a locomotive and a brake on the development of society.
Where was I yesterday? I was walking with friends. How did I spend my summer?Just fine. Did I read the books? Of course.