Balance of Interests in the Mechanism of Protection of Industrial Property Rights

Posted: 24 Sep 2021

See all articles by Bogdan Derevyanko

Bogdan Derevyanko

Academician F.H. Burchak Scientific Research Institute of Private Law and Entrepreneurship, Kiev, Ukraine

Iryna KOVAL

affiliation not provided to SSRN

Gulnara DZHUMAGELDIYEVA

affiliation not provided to SSRN

Iryna VENEDIKTOVA

affiliation not provided to SSRN

Nino PATSURIIA

affiliation not provided to SSRN

Svitlana PATIUK

affiliation not provided to SSRN

Date Written: May 2020

Abstract

The research deals with the relationship of private and public interests that are implemented in intellectual property relations and balance of these interests in mechanism of protection.


This study uses the complex of main known methods of scientific knowledge: historical legal, forecasting, hermeneutical semantic, structural functional, logical semantic, dogmatic, complex analysis, system structural, comparative. The purpose of the study is determining the scope, content and relationship of interests in the intellectual property relations, justifying the conceptual foundations of balancing these interests in the management of intellectual capital through the legal regulation and economic mechanisms.


The authors conclude that efficient functioning of intellectual property relations in terms of their scope, content and relationship of interests can be ensured only by means of legal regulation, which organically combines dispositive and imperative principles. The interdependence of such principles determines the key basis of the legal regulation of intellectual property management and should be reflected in all aspects of the development of intellectual property relations, in particular, the grounds for their emergence, change, termination, subject composition, conceptual distinguishing features of legal relations of right holders, etc.

Suggested Citation

Derevyanko, Bogdan and KOVAL, Iryna and DZHUMAGELDIYEVA, Gulnara and VENEDIKTOVA, Iryna and PATSURIIA, Nino and PATIUK, Svitlana, Balance of Interests in the Mechanism of Protection of Industrial Property Rights (May 2020). Available at SSRN: https://ssrn.com/abstract=3927945

Bogdan Derevyanko (Contact Author)

Academician F.H. Burchak Scientific Research Institute of Private Law and Entrepreneurship, Kiev, Ukraine ( email )

23-a, Raievskoho street, Kyiv, Ukraine
Kyiv, 02000
Ukraine

Iryna KOVAL

affiliation not provided to SSRN

Gulnara DZHUMAGELDIYEVA

affiliation not provided to SSRN

Iryna VENEDIKTOVA

affiliation not provided to SSRN

Nino PATSURIIA

affiliation not provided to SSRN

Svitlana PATIUK

affiliation not provided to SSRN

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