Open AccessSUSPENSIVE CIVIL REMEDIES FOR THE RIGHTS TO MEANS OF INDIVIDUALIZATION FROM UNFAIR COMPETITION: CIVIL-LAW RATIONALE
Author(s) -
А.О. Пекар
Publication year - 2021
Publication title -
innovate solutions in modern science
Language(s) - English
Resource type - Journals
eISSN - 2414-6714
pISSN - 2414-634X
DOI - 10.26886/2414-634x.5(41)2020.10
Subject(s) - liability , law , strict liability , legal liability , political science , common law , business
The article presents an analysis of the concept and methods of civil protection of rights to the means of individualization. The study provided grounds to identify common features of liability and protection measures: aimed at their impact on the offender; aim to protect the rights and interests of the victim; can be implemented both voluntarily and compulsorily; directly enshrined in law; have a retrospective character; can be used alone or in combination. Distinctive features are also available. The following criteria are defined: the first criterion is the presence of non-equivalent property deprivations in civil liability; the second criterion: invariability of protection measures and variability of liability measures; the third criterion is the temporal (temporal) criterion; the fourth criterion for distinguishing between liability and protection measures are the forms of their implementation. Thus, the study provides grounds to identify common features of liability and protection measures: aimed at their impact on the offender; aimed at protecting the rights and interests of the victim. The study provided grounds to identify common features of liability and protection measures: aimed at their impact on the offender; aim to protect the rights and interests of the victim; can be implemented both voluntarily and compulsorily; directly enshrined in law; have a retrospective character; can be used alone or in combination. Distinctive features are also available. The following criteria are defined: the first criterion is the presence of non-equivalent property deprivation in civil liability; the second criterion: invariability of protection measures and variability of liability measures; the third criterion is the temporal (temporal) criterion; the fourth criterion for distinguishing between liability and protection measures are the forms of their implementation. Thus, the study provides grounds to identify common features of liability and protection measures: aimed at their impact on the offender; aimed at protecting the rights and interests of the victim.Key words: civil - legal protection of rights; means of individualization; intellectual property; unfair competition; measures of responsibility and protection.