Tasks and role of the mechanism of legal protection of intellectual property in the functioning of legal relations in this field

Abstract

: 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.