2020•INSTITUTIONAL REPOSITORY OF ODESSA NATIONAL UNIVERSITY NAMED I.I. Mechnykova (Odesa I.I.Mechnikov National University)Open access

Judicial Protection of Intellectual Property Rights as One of the Principles of Civil Law

Ivan Kostyashkin, Андрій Володимирович Смітюх, Олена Макеєва, Dariia Hurina, Yuliia Turia, Аліна Ділігул

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Abstract

The authors of the article explore the digital rights management in judicial protection of intellectual property rights through the lens of civil law principles. The principle of protection of civil rights and interests is defined as one of the basic principles of civil law regulation. The specifics of this principle, which are caused by the specificity of the objects of intellectual property rights, the peculiarities of obtaining legal protection, are determined. The provisions of the theory and the current legislation are analyzed in terms of defining ways of protecting intellectual property rights as one of the factors that determine the peculiarities of the implementation of the principle of protection of civil rights and protected interests in the field of intellectual property.

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What this paper is about

The authors of the article explore the digital rights management in judicial protection of intellectual property rights through the lens of civil law principles. The principle of protection of civil rights and interests is defined as one of the basic principles of civil law regulation. The specifics of this principle, which are caused by the specificity of the objects of intellectual property rights, the peculiarities of obtaining legal protection, are determined. The provisions of the theory and the current legislation are analyzed in terms of defining ways of protecting intellectual property rights as one of the factors that determine the peculiarities of the implementation of the principle of protection of civil rights and protected interests in the field of intellectual property.

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Available abstract

The authors of the article explore the digital rights management in judicial protection of intellectual property rights through the lens of civil law principles. The principle of protection of civil rights and interests is defined as one of the basic principles of civil law regulation. The specifics of this principle, which are caused by the specificity of the objects of intellectual property rights, the peculiarities of obtaining legal protection, are determined. The provisions of the theory and the current legislation are analyzed in terms of defining ways of protecting intellectual property rights as one of the factors that determine the peculiarities of the implementation of the principle of protection of civil rights and protected interests in the field of intellectual property.

Key concepts: Intellectual property, Political science, Law, Civil law (Civil law), Fundamental rights, Right to property, Law and economics, Public law

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