知识产权法律保护机制在这一领域法律关系运行中的任务和作用

Yu. L. Stankevich
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引用次数: 0

摘要

本文主要探讨我国现阶段知识产权的刑事法律保护问题。优化知识产权的刑事法律保护与民事法律保护的比例问题,区分个人对文学、艺术等作品的非财产和/或产权的知识产权的刑事法律保护与广播组织对表演、录音、录像、节目的非财产和/或产权的知识产权(版权)的问题(相关权利)。明确的解释、确定社会危险行为的标志和界限的逻辑措辞以及与其他法律规范的明确关系,必然会影响执法的正确性,前提是法律结构涵盖了以刑事判决形式体现的法律关系,将犯罪行为与其他行为和不作为区分开来。然而,从功能目的和对法律关系的影响来看,知识产权刑事法律保护机制的有效性和法律有效性、相关刑事法律禁令的质量及其合格和积极的适用,都应该得到更为重要的认识。乌克兰的立法,以及保护知识产权的方法和技术,这也有助于民法、刑法和管理和保护知识产权的程序机构的现代发展,因为这类犯罪的动态、其从属类型以及可能参与其行为的人员。与此同时,毫无疑问,即使是完美的刑法禁令也不能完全取代执法人员的专业精神、他的技术装备、他对监管立法的了解以及高质量的调查和业务调查活动。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Tasks and role of the mechanism of legal protection of intellectual property in the functioning of legal relations in this field
: Th e article is devoted to the coverage of the issue of criminal – legal protection of intellectual property at the present stage of state development. Some issues of optimization of the ratio of criminal – legal and civil – legal protection of intellectual property, the issue of diff erentiation of criminal – legal protection of personal non--property and / or property rights of intellectual property to literary, artistic and other work (copyright) and personal non-property and / or property intellectual property rights for performance, phonogram, videogram and program (transfer) of broadcasting organization (related rights). Unambiguous interpretation, logical wording in determining the signs and boundaries of socially dangerous acts and a clear relationship with other legal norms inevitably aff ect the correctness of law enforcement, provided that the legal constructions cover legal relations enshrined in the form of criminal off enses, delimiting criminal behavior from other actions and inaction . However, the eff ectiveness of the mechanism and legal eff ectiveness of criminal – legal protection of intellectual property, the quality of the relevant criminal – legal prohibitions and their qualifi ed and active application should be recognized as more signifi cant in terms of func-tional purpose and impact on legal relations. legislation of Ukraine, as well as methods and techniques of intellectual property protection, which also contributes to the modern development of civil law, criminal law and procedural institutions of regulation and protection of intellectual property rights in view of the dynamics of such crimes, their type of affi liation, as well as persons who may be involved in their commis-sion. At the same time, there is no doubt that even perfect criminal law prohibitions cannot completely replace the professionalism of a law enforcer, his technical equipment, his knowledge of regulatory legislation and high-quality investigative and operational-investigative activities.
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