DAMAGE COMPENSATION AS THE WAY OF PROTECTION OF AUTHORS' PROPERTY RIGHTS: THE ECONOMIC AND LEGAL ASPECT
Journal Title: Baltic Journal of Economic Studies - Year 2018, Vol 4, Issue 2
Abstract
The objective of the article is to determine the economic and legal aspects of compensation for damages caused by the violation of the authors’ property rights in conformity with the national evaluation standards in the field of intellectual property, the legislation of Ukraine and its application. The subject of the study is the domestic experience of property reimbursement to authors in case of violation of their property rights to works. Methodology. The study is based on the analysis of Ukrainian legislation on ways to reimburse authors for property rights for works, including compensation for damages, and determination of their advantages and disadvantages. The peculiarity of three economic approaches – cost, comparative and profit, as well as their use in a certain situation for determination of the amount of damage inflicted to the author, is defined on the basis of economic analysis. The results of the study point out that the reimbursement of damages is the main way of property compensation for violation of property rights of the author. And in comparison with other methods, the reimbursement of real losses and lost profits is designed to a greater extent to protect the property interests of the author. It is concluded that over the weak development of the intellectual property market in Ukraine, commercial secret under contract terms in the field of intellectual property, a clear advantage is given to the profit approach. The approach, by means of various methods, will enable the most reasonable determination of the amount of damage. Practical implications. The development of reimbursement for the caused losses as a means to protect the property interests of authors in Ukraine demonstrates that the intellectual property market should be properly developed in line with European standards. This will allow authors to effectively use other methods of property compensation for violating property interests. In turn, this will allow choosing new methods of economic calculation of property compensation for a committed offense in the sphere of copyright. Originality. The comparative analysis of the ways of property compensation for the violation of authors’ property rights is the basis for domestic legislation development in the field of intellectual property in accordance with European standards.
Authors and Affiliations
Petro Nemesh, Evgeniy Leyba, Vasil Fennych
Keywords
Related Articles
- EP ID EP554500
- DOI 10.30525/2256-0742/2018-4-2-282-287
- Views 78
- Downloads 0
A GIFT FOR A PUBLIC SERVANT – A MANIFESTATION OF RESPECT, REWARD OR A MEANS OF UNLAWFUL INFLUENCE
The article, based on analysis of scientific works and legislation of different countries, singles out problematic issues of legal regulation of relations connected with the reception of gifts by public servants. It is s...
SCIENTIFIC AND METHODOLOGICAL ASPECTS OF BUSINESS MANAGEMENT AND ORGANIZATIONAL DEVELOPMENT OF THE TOURISM SECTOR ENTERPRISES OF POLTAVA REGION IN THE CONTEXT OF SUSTAINABLE DEVELOPMENT
The purpose of the paper is to summarise and present the scientific-methodological and conceptual aspects of business management and organizational development of tourist enterprises of Poltava region in the context of s...
CERTIFICATION OF AGRARIAN ENTERPRISES-PRODUCERS OF ORGANIC PRODUCTS IN ORDER TO ENTER EUROPEAN MARKETS
The objective of the article is to consider the actual issues of institutional support for the development of agrarian enterprises producing organic products in Ukraine, as well as the definition of formal and informal i...
MIDDLE-CLASS FORMATION STRATEGY IN THE REGION: PRACTICAL ASPECTS
The purpose of this article is to generalize knowledge about the formation of the middle class in the region, practical aspects of this problem. The author shows details of formation strategy, its social aspects in the v...
COMPARATIVE ANALYSIS OF ADMINISTRATIVE AND LEGAL PRINCIPLES OF TAX ADMINISTRATION IN THE CONDITIONS OF DECENTRALIZATION IN EUROPE AND UKRAINE
The aim of the article is a comparative analysis of the administrative and legal regulation of tax administration in European countries and in Ukraine and the definition of ways to improve domestic legislation in this fi...