THEORETICAL ASPECTS OF MECHANISM OF INTELLECTUAL PROPERTY RIGHTS REMEDY

Anatoliy Kostruba ()

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Abstract: The axiological nature of law consists in its ability to ensure legal entities the feasibility of their equal opportunities in the implementation of civil relations. Correspondence of the real-world details to ideal legal model is achieved through the good behavior of participants in public relations. The exercise of legal civil rights and fulfillment of corresponding legal obligations results in the legal relations between their participants. Going beyond the legal regulation of public relations leads to an intensification of legal coercion. It is aimed to regulate civil relations, within which the infringement took place, by exercising certain legal powers from among legal civil rights of an injured party, particularly the right of defense. The right of defense is the opportunity of an authorized person to use the legally permitted means of coercive influence on an offender, to apply retaliatory measures, as well as the opportunity to apply to competent state or nongovernmental authorities to compel the obligated person to certain good behavior. It should be noted that legal nature of the right of defense is debatable in modern civil science. Thus, two opposing views have been formed thus far regarding the nature of such a structure as the right of defense. According to the first, the right of defense is a component of legal civil rights. Therefore, the implementation of such powers occurs at a certain stage of legal relations development. Separation of another type of civil relations between the same entities, regarding the same object, with the same scope of powers cannot be considered appropriate.

Date: 2020-12-04
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Published in Безпека в сфері інтелектуальної власності, Dec 2020, Kyiv, Ukraine. pp.26-28

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