Regulatory and legal regulation of administrative liability in the area of illegal use of individualization of tacopariars

Abstract

The article examines the important role of the national legislation of Ukraine in the sphere of protection of the means of individualization of participants of economic turnover, goods and services. Attention is drawn to the fact that trademarks, business names, geographical indications, which we refer to as means of individualization of participants in economic turnover, goods and services, through which several business entities produce one, are distinguished by a significant number of objects of intellectual property rights. and the same products, provide services of the same kind, which can be different, both in price and in quality, give the consumer the opportunity to distinguish the same product, or after huga one person from the same product (service), which is produced by different entities through the means of individualization of participants in economic turnover, goods and services.

These means of individualization are subject to protection by a large number of legislative acts, among which one of the leading places is the current administrative legislation. Current priorities for the protection of the rights and legitimate interests of the person require the state of its authorized bodies and officials to ensure proper protection of the subjective rights of the owners of intellectual property rights and other participants of legal relations in the field of protection of the means of individualization of participants in economic turnover, goods and services illegal use.

Among the normative acts regulating legal relations in the field of intellectual property, the leading role is played by the Constitution of Ukraine, which has the highest legal force, Art. 41 of the Constitution proclaims the right of everyone to own, use and dispose of their property, the results of their intellectual, creative activity, and Art. 54 guarantees the freedom of creativity and the protection of intellectual property, moral and material interests arising from various types of intellectual activity. This was reflected in the Code of Administrative Offenses, one of the tasks of which is the protection of intellectual property rights.