Encroachment of a right and threat of infringement of a right as grounds for the right to enforcement of intellectual property rights

Анотація

The article discusses the general methods of civil rights enforcement that may be applied by a court, in particular, when protecting intellectual property rights, as set out in Article 16 of the Civil Code of Ukraine. The authors also discuss special methods of enforcement of intellectual property rights provided for in part 2 of Article 432 of the Civil Code of Ukraine, according to which the court may make a decision in cases and in the manner prescribed by law.

The remedies are directly related to the nature of the violation of a subjective civil right or interest, in particular: the definition of the violated right or interest; the fact of the violation itself (non-recognition, contestation) or the threat of such violation; the possibility (or expediency) of restoring the right, removing obstacles to its exercise, or compensation for the consequences of the violation; as well as the need to apply a comprehensive approach to enforcement, etc.

It is determined that infringement is only an attempt, preparation, or attempt to commit a civil offence. As for the threat of infringement as a way of protecting intellectual property rights, it is characteristic of copyright and is a separate type of unlawful behaviour that is culpable, real, purposeful, and public. It is determined that, depending on whether the rights have already been violated or there is only a threat of their violation, the remedies can be divided into those aimed at terminating the violation and eliminating its consequences and those aimed at preventing the violation of rights.