Criminal and Criminal Proceeding Protection of Intellectual Property Rights

Abstract

Introduction. The right to the protection of intellectual property arises from its owner at the moment of breach or contestation of his rights and interests protected by law and is realized within the framework of civil, criminal, and administrative legal relations.
Problem Statement. While exercising the right to protect intellectual property in the field of criminal law and criminal proceedings, there arises the problem of guaranteeing individual rights.
Purpose. The purpose is study the guarantees of individual rights, which are realized in the course of protecting intellectual property rights in criminal proceedings.
Materials and methods. The research is based on the legislation of Ukraine and international legal acts; it involves methodological, dialectical, systemic, logical methods, as well as the method of comparative law.
Results. Identified guarantees to ensure the rights of the offended party of a criminal offense related to breach of intellectual property rights.
Conclusions. Specific guarantees for securing the rights of offended party whose intellectual property rights are infringed include as follows: 1) the offended party is entitle to file a statement of offense, to file a civil lawsuit for damage caused by a criminal offense, to make a conciliation agreement; 2) the exercise by the offended party of his right to file a statement of offense committed against him gives rise to a legal consequence that is the opening of criminal proceedings; 3) investigator/prosecutor shall record the relevant information to the Unified Register of Pre-Trial Investigations, to initiate an investigation; the court shall handle a civil lawsuit, award judgment on it, and perform other responsibilities to secure the offended party's rights; 4) the criminal procedure law establishes responsibility for failure to fulfill obligations related to guaranteeing the rights and legitimate interests of parties of criminal proceedings.