Non-recognition of a right and contestation of a right as a basis for the right to enforce intellectual property rights

Abstract

The article examines theoretical approaches to the issues of intellectual property rights enforcement in Ukraine, taking into account the existing problems in the system of their enforcement. Particular attention is paid to the legislatively enshrined civil and commercial legal ways and methods of enforcement of intellectual property rights implemented by the judicial authorities in the field of intellectual property.

The concept of «enforcement of intellectual property rights» includes substantive and procedural aspects that determine the content of the right to judicial enforcement. These aspects are combined in that substantive legal opportunities are realized within the framework of the established procedural form and the relevant legislative procedure. The author identifies the key civil remedies which are considered to be universal mechanisms in the context of enforcement of infringed rights to intellectual property rights.

The author establishes that enforcement of intellectual property rights is a complex concept consisting of a system of legal provisions, state enforcement activities, legal and organizational and practical measures. This includes the use of various types of enforcement: judicial, pre-trial and extrajudicial, as well as self-defense of subjective rights of participants to economic relations in the field of intellectual property.

It is determined that not all remedies are equally important for the enforcement of an infringed or disputed right to the results of intellectual activity. Consequently, the choice of remedies for the enforcement of an infringed or disputed right depends on the nature of the right itself, as well as on the type and nature of the offense committed.