DOI: 10.7256/2454-0595.2018.5.26283

Abstract: The article is devoted to the problems that may arise in the process of state control and supervision over intellectual property protection of the Russian Federation as a right holder as well as means of administrative responsibility as the means of legal protection of the aforesaid rights. The focus of the research covers is the combination of the main local acts that regulate control supervisory activity of state authorities in the sphere of protection of intellectual property of the Russian Federation, administrative laws, and relevant researches. The purpose of the research is to outline problems that relate legal regulation of protection of intellectual property of the Russian Federation as a right holder, and to offer certain solutions. The author has applied such methods as dialectics, analysis, synthesis, deduction, formal law, comparative law and interdisciplinary law analysis. As a result of the research, the author concludes that the Russian Federal Service for Intellectual Property (Rospatent) is the main actor of state control (supervision) in the sphere of legal protection of intellectual property of the Russian Federation. Based on the results of the research, the author emphasizes the need to extend jurisdictional powers of Rospatent, in particular, grand Rospatent the power to draw out protocols on administrative offences as set forth by the first part of Article 7.12 of the Administrative Offenses Code of the Russian Federation, and make relevant amendments to the law. In the author's opinion, this is the solution that would raise efficiency of administrative protection of intellectual property of the Russian Federation. 

DOI: 10.7256/2454-0595.2016.7.18070

Abstract: The paper is devoted to the study of the problems of administrative liability in the sphere of copyright and related rights protection, whose legal grounds are characterized by a certain internal inconsistence and need correction. The research subject is the set of general statutory instruments regulating the issues of copyright and related rights protection in the Russian Federation. The purpose of the research is the comparative-legal analysis of the provision of civil and administrative legislation in the mentioned sphere, and the development of the proposals about harmonization of the mentioned provisions. The research methodology is based on the dialectical method of scientific cognition, the formal-logical, comparative-legal, system and functional and other specific research methods. The author concludes that the provision about administrative liability in the sphere of copyright and related rights protection needs harmonization with civil legislation. The author formulates the proposals about introducing changes in administrative liability legislation which, in the author’s opinion, will promote improvement of the effectiveness of copyright and related rights administrative protection.