Analysis of judicial practice of intellectual property rights protection in civil law

Authors

DOI:

https://doi.org/10.33244/2617-4154-3(12)-2023-93-103

Keywords:

intellectual property, protection of intellectual property rights, judicial practice, judicial protection, legal analysis

Abstract

The article is devoted to the analysis of judicial practice regarding the protection of intellectual property rights in civil law. The authors researched various aspects of judicial practice, the role of courts in protecting intellectual property rights, as well as the effectiveness of court decisions.

The article provides and analyzes court decisions that determine whether intellectual property rights have been violated and the measures taken to protect these rights. It is noted that judicial experience can provide valuable information on how courts understand and apply laws regarding the protection of intellectual property rights in specific situations. It is emphasized separately that case law has a significant impact on the protection of intellectual property rights in civil law, it provides clarification of legislation and resolution of controversial issues in this field. It is emphasized that judicial practice contributes to the improvement of the effectiveness of mechanisms for the protection of intellectual property rights and reflects modern trends in this field. Examples of modern judicial practice regarding various situations that may arise during the protection of intellectual property rights are given.

It was noted that there is a need to improve legislation and judicial practice to ensure more effective protection of intellectual property rights in modern conditions. Throughout the study, the authors confirmed the opinion that Ukrainian civil justice is still imperfect and needs to be adjusted. As a result, proposals for improving the legislation of our country were formulated: it is necessary to expand the legal protection of certain types of intellectual property; to ensure transparency and openness in the process of protecting intellectual property rights; it is important to raise the legal awareness of the public and rights holders regarding the protection of intellectual property rights, etc.

Therefore, the importance of judicial practice in the protection of intellectual property rights cannot be overestimated. This article will contribute to the understanding of the practical aspects of the protection of intellectual property rights and help to improve the effectiveness of the protection of these rights in the future.

Published

2023-12-11

How to Cite

Demchuk, M., & Dyachenko, S. (2023). Analysis of judicial practice of intellectual property rights protection in civil law. Irpin Legal Chronicles, (3(12), 93–103. https://doi.org/10.33244/2617-4154-3(12)-2023-93-103