Administrative legal protection and enforcement of industrial property rights

The article discusses the issues of legal protection and enforcement of industrial property rights. The concept and content of administrative legal protection and administrative legal enforcement of industrial property rights are defined. The concept of administrative legal protection is based on the concept and structure of the mechanism of administrative legal regulation. The components of the mechanism of administrative legal regulation of industrial property relations include: administrative legal norms; legal facts which are the basis for administrative legal relations; administrative legal relations; acts of realization of rights and obligations by the subjects of these legal relations; and activities of authorized bodies for the application of legal norms. The author outlines the range of bodies authorized by the state to carry out administrative legal enforcement of these rights: customs authorities of Ukraine, bodies of the Antimonopoly Committee of Ukraine, which ensures state protection of competition in business and public procurement, the Appeals Chamber of the Ukrainian National Office for Intellectual Property and Innovations, and local courts. It is established that the peculiarities of administrative legal enforcement of industrial property rights lies, firstly, in the combination of protection of public and private interests in the area of legitimate exercise of these rights; secondly, the administrative legal procedure for enforcement of industrial property rights is based on a combination of actions of authorized bodies and actions of right holders who initiate the procedure. In view of this, it is proposed to exclude the provision of Part 5 of Article 397 of the Customs Code of Ukraine on the exemption of customs authorities from liability for failure to take measures for the enforcement of intellectual property rights. To improve the administrative legal enforcement of industrial property rights, it is also proposed to bring the content of actions recognized as unfair competition in Art. 164-3 of the Code of Ukraine on Administrative Offenses and the Law of Ukraine ’’On Protection Against Unfair Competition’’ into line.