FEATURES OF THE EXAMINATION OF AN ADMINISTRATIVE OFFENCES IN THE INTELLECTUAL PROPERTY SPHERE BY UKRAINIAN COURTS
Journal Title: Судова та слідча практика в Україні - Year 2018, Vol 7, Issue
Abstract
The article is devoted to the analysis of features of the examination of an administrative offences in the intellectual property sphere.The characteristics of the authorized bodies activity on legal and administrative regulations application to concrete facts of committing administrative offences in the intellectual property sphere are revealed. The mechanism of implementation of administrative measures for offences in the intellectual property sphere is considered. The procedure of bringing to administrative liability for violations in intellectual property sphere is analyzed. It is proved that the administrative liability for the offense in the intellectual property sphere takes place in the form of enforcement, which consists in the implementation of appropriate legal administrative actions by the authorized state bodies and officials to bring the individuals, who have committed offenses in this area, to administrative liability. It was established that bringing to administrative liability of individuals is implemented in the form of administrative proceeding, and as for entities – in procedural forms, established by various normative legal acts. It was emphasized that in administrative proceeding in the intellectual property sphere one should be understood as one of the types of administrative jurisdictional proceedings, which is a number of appropriate legal consecutive actions of the competent authorities on the detection of administrative offenses in the intellectual property sphere and bringing the perpetrators to administrative liability in the process of administrative investigation, consideration and decision-making on a case, retrial and enforcement of order (decisions) to bring to administrative penalties. Identify the stage of proceedings in cases of administrative offences in the intellectual property sphere: Administrative offence case initiation (it comprises three stages: official registration of the actual data of the violation of intellectual property rights by authorized body, official operation of authorized bodies to clarify all the circumstances of this violation and drawing up the detention record); administrative offence case processing and decision on the case (the four stages should be highlighted: preparation for consideration of the case; processing the case, case decision taking and documenting; case decision publishing); appeal against the order on the administrative offence case; implementation of the decision, imposition of the administrative penalty.
Authors and Affiliations
А. В. Хрідочкін
Keywords
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