LEGAL LIABILITY IN INTELLECTUAL PROPERTY RIGHTS AS THE INTERDISCIPLINARY LAW INSTITUTION


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Abstract

The article considers the concept of law institution as the law system element, and the types of legal liability classifications. Legal liability is a type of law institution; in this connection such concepts as law institution, law system and legislative system are disclosed in the article. After studying the distinctive features of law system and law institution the author proceeds to consider the grounds for legal liability classification, after which the nature of legal liability as the interdisciplinary law institution is considered. Legal liability in intellectual property is analyzed as the interdisciplinary law institution. Defense of intellectual property rights is carried out within the frames of protective legal relationship, which is oriented to the regain of legal order in the sphere of intellectual property; in this connection the measures of civil, administrative or criminal liability are implemented. The author considers the types and the measures of civil liability in the sphere of intellectual property, as well as the types of administrative law and criminal liability in this area. Except general methods of civil rights defense in the event of violation of moral rights or the author’s exclusive rights the article discusses the special requirements: regarding the publication of court decision on the law violation, as well as the requirement for the confiscation of physical media in case of violation of the exclusive rights of the author. In addition, the article discusses such methods of copyrights defense, as the confiscation and the destruction of equipment and materials used for civil rights violation, and the liquidation after demand of the prosecutor of a legal entity, repeatedly or seriously violating the exclusive rights.

About the authors

Elvis Alimovich Dzhalilov

Togliatti State University, Togliatti

Author for correspondence.
Email: elvis.tlt@gmail.com

candidate of legal sciences, assistant professor of the Department of Business and Labor Law

Russian Federation

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