LEGAL PERSONS AS SUBJECTS OF LEGAL RESPONSIBILITY FOR VIOLATIONS OF INTELLECTUAL PROPERTY RIGHTS
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 2, Issue
Abstract
Scientific discussion regarding the establishment of administrative liability of legal entities are not new, they have repeatedly raised in the pages of the special literature. Moreover, in a certain period, in the days of the former USSR subjects of the administrative offence admitted both physical and legal persons. According to the code of administrative offences of subjects of administrative liability for violations of intellectual property rights are individuals. However, at the legislative level establishes administrative liability of legal persons, which requires additional research. The purpose and objective of this article is to determine the legal basis for recognition of the subjects of administrative responsibility of legal entities for violation of intellectual property rights. Institute of public law of responsibility of legal persons is applied in many foreign countries, which also face a problem of growth of violations of the law committed by corporations or other collective entities. These countries opted for the introduction of liability of legal persons not only for administrative (Italy, Portugal, Germany) but also for criminal offences (France, USA, Japan etc.). In the event that the liability of legal persons under criminal law of Ukraine. Given the above, in particular, that for violation of intellectual property rights regulations of economic legislation, criminal liability of legal persons, there is a need within the Institute of administrative responsibility to review and such category as administrative sanctions, the regulation of which is carried out by the Economic code of Ukraine. However, economic and legal responsibilities inherent in special features. The legal nature of such liability is a negative evaluation of the behaviour of the offender from the state and direct the request or sanction of law to apply measures of material influence in the form of damages, penalty, fines, penalties or other adverse legal consequences to the offender. Today there are a variety of legal grounds of liability of legal persons for violations of intellectual property rights, which largely affect the state of protection of subjective rights of subjects of intellectual property rights through various legal measures. The state, in the person of authorized state bodies, their officials has enough legal and administrative means to legal entities (registration, licensing, permitting, implementation of administrative and jurisdictional powers etc.), which are sufficient to provide adequate protection and the protection of intellectual property rights without the recognition of legal entities by constituent entities of administrative responsibility.
Authors and Affiliations
А. Г. Майданевич
Keywords
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