IMPROVEMENT OF METHODS OF PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN VIEW OF THE PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS

Abstract

Introduction. The pro-European course of development of a democratic state creates a number of obligations to implement the needs to improve domestic legislation to European standards. The nature of the origin of intellectual property rights (close connection with innovative achievements in the field of scientific and technological progress) requires comprehensive approaches to solving the problems of protecting and defending rights to such objects.The development of scientific and technological progress both contributes to the emergence of innovative approaches to the creation of intellectual property objects and encourages specialized bodies to identify new ways of violating exclusive rights. The legal processes outlined above require a comprehensive doctrinal study with the prospect of developing practical recommendations on issues such as preventing actions to violate subjective intellectual property rights and protecting already violated, unrecognized, or contested rights. Taking into account the conclusions of the European Court of Human Rights is key to developing the most effective mechanisms for the protection and enforcement of intellectual property rights.

Summary of the main results. Doctrinal research into the processes of interaction between the development of intellectual property and other legal institutions (such as freedom of expression), in interaction with the use of new technologies and in the context of the practice of the European Court of Human Rights has made it possible to make the following theses: mechanisms for protecting intellectual property rights are closely linked to procedural processes that are implemented directly during the consideration and resolution of the case. In particular, court opinions perform a supporting function in matters of forming a line of defense; the quality of the level of implementation of intellectual property rights depends on the level of fulfillment of the state's positive obligations to ensure measures to protect and defend such rights. This concerns the state's obligations to comply with procedural obligations regarding the timing of procedures at the stages of pre-trial investigation and trial, etc.; the interaction of legal phenomena at the level of individual institutions contributes to the emergence and ascertainment of new forms of infringement of intellectual property rights. The practice of the European Court of Human Rights has stated and recognized as a violation the inaction of persons (in terms of checking the content of information regarding infringement of intellectual property rights) who were responsible for granting permissions to post information on the website; the permissibility of the state's application of restrictions may be determined by an urgent social need.

Conclusion.The conducted doctrinal analysis of the specialized practice of the European Court of Human Rights in the field of intellectual property rights provided an opportunity to formulate conclusions of practical importance, the use of which will contribute to the improvement of instruments for the protection of violated rights and the conduct of further scientific developments in the field of protection and defense of intellectual property rights.