ESSENCE AND CONTENT OF ADMINISTRATIVE AND LEGAL PROTECTION AND PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

Abstract

The article examines the features of the content of administrative and legal protection and safeguarding. It is determined that the measures of administrative and legal protection of intellectual property rights include: 1) development and adoption of relevant regulatory legal acts regulating the protection and safeguarding of intellectual property rights; 2) formation and implementation of state policy in the field of protection and safeguarding of intellectual property rights; 3) implementation of state programs aimed at the protection and safeguarding of intellectual property rights; 4) state registration of intellectual property rights; 5) public control over compliance with legislation in the field of intellectual property; 6) prohibition of any actions of individuals and legal entities that may lead to violations of intellectual property rights. It is proven that in a broad sense, the content of administrative and legal protection of intellectual property rights is the development and implementation by authorized entities of relevant protective and legal measures aimed at ensuring legality in the field of intellectual property and bringing guilty persons to administrative responsibility, i.e., they encompass all components of intellectual property rights protection. It is summarized that the main characteristics of the concept of administrative legal protection are: 1) it is a component of public management of legal relations that arise in the process of exercising intellectual property rights by subjects of their rights; 2) it is carried out by taking administrative legal measures of influence; 3) the subjects of administrative legal protection are public administration bodies; 4) the object of administrative legal protection is intellectual property rights to literary and artistic works, computer programs, data compilations (databases), performances, phonograms, videograms, programs of broadcasting organizations, scientific discoveries, inventions, utility models, industrial designs, layouts of semiconductor products, innovative proposals, plant varieties, animal breeds, commercial (brand) names, trademarks (signs for goods and services), geographical indications, trade secrets; 5) it is a system of legal measures aimed at ensuring the exercise of intellectual property rights.