COMPENSATION OF THE MORAL (NON-PROPERTY) PREJUDICE AS AN INTELLECTUAL PROPERTY RIGHTS REMEDY
Journal Title: Legea și viața - Year 2018, Vol 2, Issue 1
Abstract
In the article is researched the matter about the features of moral (non-property) prejudice compensation as an intellectual property rights remedy. Here is underlined the opportunity of moral (non-property) prejudice compensation not only for the enforcement of personal non-property intellectual rights, but also for the enforcement of intellectual property rights. Moral (non-property) prejudice suffered by rightholder as a result of the infringement may be appeared: for a natural person – in mental sufferings, humiliation of honour or reputation, and for an artificial person – in humiliation of reputation. Also here is proposed to add the moral (non-property) prejudice compensation to the list of the intellectual property rights remedies in Part 2 Art. 432 of Civil Code of Ukraine.
Authors and Affiliations
Ihor YAKUBIVSKYY
Keywords
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