THE DESIGN OF THE SANCTION OF THE ARTICLE PROVIDING FOR THE PROTECTION OF THE RESULTS OF INTELLECTUAL ACTIVITY (ARTICLE 7.12 OF THE CODE OF ADMINISTRATIVE OFFENCES OF THE RUSSIAN FEDERATION) REQUIRES ADJUSTMENT

Currently, the protection of intellectual property is an integral and necessary attribute of modern society. This circumstance has led to the creation of a legal system for regulating and protecting intellectual property in Russia, one of the elements of which is administrative liability for violation of copyright and related rights. The article considers the issues previously not reflected in the scientific literature, namely the neglected design of the sanction of article 7.12 of the CAO RF (Violation of copyright and related rights, inventive and patent rights), which, taking into account the new ways of illegal use of intellectual property results, needs to be adjusted. The author’s version of the considered norm (article 7.12 of the CAO RF) is proposed, which allows to overcome the existing gap in the normative regulation of administrative responsibility for violation of copyright and related rights, in order to exclude the possibility of avoiding responsibility of persons who use copyright objects in ways not related to the circulation of material carriers.

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Publication Details

Journal
LEGAL ORDER History Theory Practice
Published
2024-12-28
DOI
https://doi.org/10.47475/2311-696x-2024-43-4-56-59
Primary Topic
Legal and Policy Issues
Type
article
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article

THE DESIGN OF THE SANCTION OF THE ARTICLE PROVIDING FOR THE PROTECTION OF THE RESULTS OF INTELLECTUAL ACTIVITY (ARTICLE 7.12 OF THE CODE OF ADMINISTRATIVE OFFENCES OF THE RUSSIAN FEDERATION) REQUIRES ADJUSTMENT

V. N. Denisenko, V.M. SHEVCHENKO
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LEGAL ORDER History Theory Practice
Legal and Policy Issues
article

THE DESIGN OF THE SANCTION OF THE ARTICLE PROVIDING FOR THE PROTECTION OF THE RESULTS OF INTELLECTUAL ACTIVITY (ARTICLE 7.12 OF THE CODE OF ADMINISTRATIVE OFFENCES OF THE RUSSIAN FEDERATION) REQUIRES ADJUSTMENT

V. N. Denisenko, V.M. SHEVCHENKO
article en

Abstract

Currently, the protection of intellectual property is an integral and necessary attribute of modern society. This circumstance has led to the creation of a legal system for regulating and protecting intellectual property in Russia, one of the elements of which is administrative liability for violation of copyright and related rights. The article considers the issues previously not reflected in the scientific literature, namely the neglected design of the sanction of article 7.12 of the CAO RF (Violation of copyright and related rights, inventive and patent rights), which, taking into account the new ways of illegal use of intellectual property results, needs to be adjusted. The author’s version of the considered norm (article 7.12 of the CAO RF) is proposed, which allows to overcome the existing gap in the normative regulation of administrative responsibility for violation of copyright and related rights, in order to exclude the possibility of avoiding responsibility of persons who use copyright objects in ways not related to the circulation of material carriers.

LEGAL ORDER History Theory PracticeVol. 43(4)
Krasnodar University of Ministry of Internal Affairs of Russia (RU)
Openalex Percentile: Top 52%
Legal and Policy Issues
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