THE LIMITS OF AUTHORS’ RIGHTS PROTECTION (Based on Court Practice)
Journal Title: Правова держава - Year 2017, Vol 26, Issue
Abstract
The article analyzes the current condition of protection of intellectual property rights under the laws of Ukraine. Criticizing the legal provisions, the conclusions are supported by examples from practice of its application by Participants in legal relations and the courts. Made the conclusion on the necessity of reformation of governmental system of legal protection of intellectual property in the relation with conclusion an EU-Ukraine Association Agreement, the European Atomic Energy Community and their Member States. The mentioned agreement provides a set of measures which Ukraine should apply to improve the situation with the protection of intellectual property rights – from customs cooperation – to revision of all the standards relating to intellectual property rights, in particular civil measures, procedures and means of protection. The issue of the limits of the protection of civil rights is considered by the example of decisions in disputes on copyright namely in affairs of copyright infringement of the author, who with his creative work created works of art – paintings, i.e. works of painting, which according to paragraph 1, part 1, article 433 of Civil Code of Ukraine are the objects of copyright. Provided arguments on the need to review legislative requirements concerning determining the amount of compensation which is appointed instead of indemnify for losses or recovery of income as a way of civil legal protection of copyright and related rights.
Authors and Affiliations
V. I. Truba, S. E. Morozova
Keywords
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