On the issue of public danger of acts related to violation of intellectual property rights
Автор: Yurkov Sergey Alexandrovich
Журнал: Общество: политика, экономика, право @society-pel
Рубрика: Право
Статья в выпуске: 11, 2019 года.
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The paper is devoted to the problem of determining the social danger of acts, violating the rights of intellectual property. The points of view of a number of authors regarding the content, nature and degree of social danger of acts are analyzed. The author takes the position that socially dangerous are not only crimes, but also other offenses. It has been established that at present there are no clear criteria for determining the nature and degree of public danger of acts. In relation to violations of rights to the results of intellectual activity, it is proposed to consider the object of encroachment as such, criminal consequences (property damage to authors and copyright holders, moral damage), potentially dangerous consequences for consumers of intellectual property results, the possibility of such violations on the Internet. Also, when assigning a specific act to a particular type of offense, the legislator should take into account the type of result of intellectual activity. It was concluded that it is necessary to develop a differentiated system of legal protection of intellectual property.
Intellectual property, results of intellectual activity, public danger, act, offense, crime, legal protection of intellectual property
Короткий адрес: https://sciup.org/149132447
IDR: 149132447 | DOI: 10.24158/pep.2019.11.18