INFRINGEMENT OF A COPYRIGHT AS AN ACTUAL PROBLEM FOR UKRAINE

Authors

  • B. M. Krivolapov Associate Professor of the Department of International Private Law of the Institute of International Relations of Kyiv National Taras Shevchenko University
  • N. V. Teslenko Student of the 4th course of the International Law Department of the Institute of International Relations of Kyiv National Taras Shevchenko University

DOI:

https://doi.org/10.17721/apmv.2015.124.1.

Abstract

Abstract. The article specifies the content of a copyright as legal relations that appear due
to creation and use of the work of the scientific, literature and art nature. Attention is paid to the
particularity of a copyright that is in the interpretation of this right as an authority of the personal
character establishing personal non-property rights and authority of the property character
establishing property rights. The main types of the infringement of a copyright in Ukraine
which include piracy, plagiarism and also negative tendency to their increasing are analyzed in
the text. Ukrainian legislation provides for the infringement of a copyright civil, administrative
and criminal responsibility. It is established that the government and respective institutions take
measures to improve the work in this direction, which unfortunately remain ineffective.
On the basis of the systematic analyze highlight measures to overcome this problem are offered.
They include in particular: acceleration of the national legislation improvement process
and strengthening criminal responsibility for the infringement of a copyright for this purpose;
development and adoption of the law of Ukraine «About collective direction of the property
rights of the subjects of copy and neighboring rights»; increasing of the State service of intellectual
property effectiveness that have functions in the realization of the State policy of intellectual
property; union and coordination of specialists in different field relating to the problem
of a copyright within the framework of one state strategy. Corresponding conclusions are made
in the end of the work.
Key words: intellectual property, copyright, the infringement of a copyright, piracy, digital
piracy, plagiarism, counterfeit, legislation, sanctions, responsibility.

Author Biography

  • B. M. Krivolapov, Associate Professor of the Department of International Private Law of the Institute of International Relations of Kyiv National Taras Shevchenko University
    Candidate of Juridical Sciences

Published

2015-11-10